#2 Authorize acquisition of utility easement from Elks Lodge (File Res. #2011-827) and authorize to enter into agreement to take ownership of private force mainCommunity Development Department Memorandum
Date: August 2, 2011
TO: Janesville City Council
FROM: Duane Cherek, Manager of Planning Services
Jay Winzenz, Dir. of Administrative Services/Assistant City Manager
SUBJECT: Action on a proposed resolution authorizing the acquisition of a municipal
utility easement from the Elks Lodge at 2100 North Washington Street
(Resolution No. 2011- 827) and authorization for the City Manager to enter
into an Agreement with the Elks Lodge to take ownership of their private
force main.
SUMMARY
The property located at 2100 North Washington Street is owned and operated by the
Elks Lodge of Janesville. Sewer Service to the existing Elks Club is provided with a
privately-owned force main connected to the City’s gravity sewer service system. The
force main extends approximately 2,000 feet in length along the Elk’s east property line,
crosses the golf course entrance road to Riverside Park, and then extends along the
railroad tracks to Burns Avenue where it connects into the City’s gravity sewer system.
The force main was installed 25+ years ago to allow for a connection to the City’s public
sewer system. Recently, City Staff and representatives from the Elks have discussed
the City taking over ownership of the private force main. This would provide the City
with the future opportunity to connect the clubhouse at Riverside Golf Course and
another intervening property with sewer service. In order to do so, the City would need
to acquire a municipal utility easement to allow for future ownership and maintenance
responsibilities of the force main on the Elks’ property.
SUGGESTED MOTION
Move to adopt file resolution 2011-827 authorizing the acquisition of a municipal utility
easement on property owned by the Elks lodge located at 2100 North Washington
Street; and authorize the City manager to enter into an agreement with the Elks to
assume public ownership of their private force main.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that the
City Council support a motion to approve Resolution No. 2011-827 authorizing the
acquisition of a municipal utility easement on property owned by the Elks lodge located
at 2100 North Washington Street noting that the Plan Commission has not reviewed the
financial aspects of this transaction.
ASSISTANT CITY MANAGER’S RECOMMENDATION
The Assistant City Manager concurs with the Plan Commission recommendation and
also recommends that the City Council authorize the City Manager to enter into an
agreement with the Elks to take ownership of their private force main. This will allow
Riverside Golf Course to connect to the City’s gravity sewer system when their septic
system fails. It will also allow Wedges, whose septic system has failed, to annex and
connect to the City’s sewer system.
CITY MANAGER’S RECOMMENDATION
The City Manager concurs with the Plan Commission recommendation.
ANALYSIS
A. A private force main owned by the Elks is located immediately adjacent to
Riverside Golf Course and the Union Pacific Railroad Corridor along the east
perimeter of the site. This facility is part of an approximate 2,000 foot long
private force main that connects to the City’s public sewer system near the south
side of Riverside Park. The land area defined by the proposed utility easement
on the Elks property contains approximately 9,000 s.f. in area. The proposed
easement would be 15 feet in width centered over the existing force main on the
subject site (See Map 1 – Easement Location). The remaining portion of the
force main is located on property under City ownership or on intervening land
where existing easements are in place.
B. The clubhouse building located at Riverside Golf Course currently receives
sewer service from a septic system because gravity flow sanitary sewer mains
cannot be extended to serve the property. Additionally, an intervening property
adjacent to the force main located at 2006 N County Trunk E, also known as
“Wedges”, has experienced a failed septic system. This property owner must
either replace the system or connect to the City of Janesville’s sewer system. If
the City assumes ownership and maintenance responsibility of the private force
main, a connection to both properties can be accomplished. Acquisition of a
municipal utility easement to allow for those connections is a requirement of this
arrangement between the City and the Elks Lodge.
C. State Statutes require that the Plan Commission review any proposed easement
acquisition to determine if it is consistent with established City plans. Based on
staff’s analysis, acquisition of this easement is consistent with the City’s
Comprehensive Plan and Point Source Water Quality Management Plan. The
Comprehensive Plan recommends that the City coordinate the provision of public
utilities to support the most cost-efficient and effective facilities for all residents
and groups within the community. This includes the provision of sanitary sewer
service in areas where connections to public facilities can be made. Additionally,
one of the primary purposes of the Janesville Area Water Quality Map
Management Plan provides that municipal sanitary sewer service be made
available to properties within the City’s urban service limits. This may serve to
protect the quality of the environment by eliminating conditions where inadequate
sewage collection and treatment facilities may exist.
D. The City has reached an agreement with the Elks Lodge for conveyance of a
municipal utility easement and transfer of ownership of the force main. This
agreement contains the following provisions:
1. Provides for a one-time payment from the City to the Elks of $5,000
2. If the City improves the connection between Riverside Golf Course and the
Elks property, under the railroad tracks, the City will pay for any
improvements necessary on the Elks property to make that connection.
3. The City will assume ownership of and all maintenance responsibility for the
force main beginning 5 feet outside of the Elks storage building, which
contains their pump.
4. The Elks will maintain ownership of, and maintenance responsibility for, their
pump.
5. The easement provides the City with a future opportunity to connect the golf
course clubhouse to the force main as that connection may be necessary.
PLAN COMMISSION ACTION – AUGUST 1, 2011
Duane Cherek, Manager of Planning Services, presented the written staff report.
There was a motion by Commissioner Consigny with a second by Commissioner
Adams to forward the acquisition of a utility easement from the Elks Lodge at 2100
North Washington Street to the City Council with a favorable recommendation noting
that the Plan Commission had not reviewed the financial aspects of this transaction.
The motion carried on a 6-0-0 vote.
cc: Eric Levitt
Jay Winzenz
RESOLUTION NO. 2011-827
A resolution authorizing the acquisition of a municipal utility easement from the Elks Lodge located at 2100
N. Washington Street.
WHEREAS
, sewer service to the existing Elks Lodge located at 2100 N. Washington Street is provided by a private
force main approximately 2,000 feet in length and connected to the City of Janesville’s gravity sewer system, and;
WHEREAS,
the Elks Lodge is currently responsible for maintenance and repair costs of the facility since it is a
private force main owned by the Elks, and;
WHEREAS
, the Elks Lodge and the City have entered into a memorandum of understanding describing the terms
and conditions under which ownership of the force main serving the Elks property will transfer from the Elks Lodge
to the City of Janesville, and;
WHEREAS,
the private force main owed by the Elks Lodge is located immediately adjacent to Riverside Golf
Course which is owned by the City and the club house building currently receives sewerage service via an on-site
septic system, and;
WHEREAS
, property located at 2006 N. County Trunk E, currently located outside of City limits, known as
“Wedges”, is located immediately south of the Elks Lodge property, and;
WHEREAS
, the Wedges property is served by a private septic system which has failed and can be connected to
the force main if the City takes control of it, and;
WHEREAS
, the acquisition and conveyance of a 15-foot wide municipal utility easement centered over the existing
force main on the Elks property allows the City to assume ownership of the force main and provide a future
connection to the club house at Riverside Golf Course and Wedges; and
WHEREAS
, Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other
pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, and use of land by means of
easements and agreements for public purposes including, but not limited to, these set forth herein.
WHEREAS
, the Common Council hereby find that this easement acquisition and acceptance is in the best interests
of, and of benefit to, the City of Janesville.
NOW, THEREFORE, BE IT RESOLVED
, by the Common Council of the City of Janesville, that they hereby
authorize and direct the City Manager and/or his designee, to acquire a utility easement from the Elks Lodge
located at 2100 North Washington Street on behalf of the City of Janesville, as the City Manager may deem
necessary or desirable to effectuate the intent of this resolution.
BE IT FURTHER RESOLVED
, that the City Manager and his designees may, from time to time, negotiate, draft,
amend, execute and enter into such changes and other documents to the property acquisition documents,
contracts and agreements and take such other action as the City Manager may deem necessary or desirable to
effectuate the intent of this resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Eric J. Levitt, City Manager
Dongarra-Adams
Liebert
ATTEST:
McDonald
Rashkin
Jean Ann Wulf, City Clerk-Treasurer
Steeber
Voskuil
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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Memorandum of Understanding
Between the
City of Janesville
And the
Elks Lodge 254
The purpose of this Memorandum of Understanding (MOU) is to describe the terms and
conditions under which the ownership of a four (4) inch private force main currently
serving the Elks facility located at 2100 N. Washington Street in Janesville, Rock County,
WI 53548 will transfer from the Elks to the City of Janesville. This MOU is not intended to
be a complete description of all duties or responsibilities for either the City Administration,
the City, or the Elks, but is intended to memorialize the major terms and conditions that
have been agreed to.
Sewer service to the existing Elks lodge, located at 2100 N. Washington Street, Janesville,
WI, is currently provide via a four (4) inch private
gravity sewer system. The force main is approximately 2,000 feet in length and currently
owned by the Elks. Since it is a private force main the Elks are responsible for maintenance
and repair cos The main
is of unknown age, repair, and condition and may subject the Elks to an undetermined
future liability.
The City of Janesville is the owner of property located at 2100 Golf Course Road,
Janesville, WI, known as Riverside Golf Course. Upon the Golf course property is a club
house that currently receives sewerage service via a septic system. Septic systems have a
finite life and at some point in the future it may be in the best interests of the City to
connect into the gravity sewer system to service the clubhouse.
Bruce Monson is currently the owner of real property located at 2006 N. County Trunk E,
outh and
adjacent to the Elks property, but is not currently within the corporate limits of the City of
Janesville. The private septic system serving Wedges has failed and the property owner
must either replace the system or connect to the City of Janesvi
The private force main owned by the Elks is located immediately adjacent to Riverside Golf
Course and Wedges. A separate parallel force main could be installed to provide sewer
service to these two (2) properties; however, it may make more economic sense to connect
to the force main owned by the Elks. By allowing these connections and the City to take
ownership of the private force main, the Elks will be relieving themselves of an unknown
future liability for the maintenance and repair of said force main. In this way all parties
benefit from this arrangement.
This MOU memorializes certain, but not all, of the basic discussions and understandings
that have occurred between the City Administration and the Elks, but it does not provide the
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details necessary to implement any understandings or agreements. This MOU is based in
large part upon a discussion between Mike Payne, Engineering Manager, and the Elks
Trustees during a February 14, 2011, Trustees meeting at the Elks Lodge. The City
Administration acknowledges the Elks Trustees are agents of the general membership and
are not authorized to make decisions without a vote of the general membership. Similarly,
the Elks acknowledge that Mike Payne and the City Administration cannot commit on
behalf of the Common Council of the City.
It is further understood that Jacob J. Winzenz, Director of Administrative
Services/Assistant City Manager, and representatives of the Elks have also discussed
creating a paved pathway between the Elks property and the Riverside Golf Course Club
House located at 2100 Golf Course Road (Club House), at an existing limestone
underpass of the railroad tracks. While specific plans have not been developed and funding
has not been programmed, conceptually this would involve the creation of a paved pathway
from the parking lot of the Riverside Golf Course underneath the railroad tracks through an
existing limestone tunnel, exiting the tunnel and connecting to an existing paved pathway
on the Elks property (see attached). This will allow direct access between Riverside Golf
Course and the Elks property to facilitate movement during golf outings. . This timing of
this improvement is dependent upon the availability of capital funds and the growth of the
golf outing business. Any access agreement(s) will be pursued separately from this MOU.
The City Administration agrees to:
1.Pressure test approximately (2,000) feet of main which is
currently a private sewer lateral owned and maintained by the Elks. Pressure
testing may require an excavation adjacent to the Elks storage building
containing the pumping equipment. The City will pay for all costs associated
with the testing and coordinate lawn restoration upon completion of testing.
2.If, as a result of the pressure testing, the force main is damaged the City shall
assume responsibility for restoring the force main to its prior condition at no
expense to the Elks.
3.Following a successful pressure test, as determined by the City in its sole
discretion, the City will assume ownership and maintenance responsibility of the
force main, from five (5) feet outside the Elks storage building to the discharge
manhole in N. Washington Street at such time the property at 2006 N.
Washington Street (currently known as Wedges) or the Riverside Golf Course
Club House desires connection to the force main.
4.Create a minimum fifteen foot (15 wide sewer easement approximately
centered upon and over the existing force main route in order to accept the
existing force main into public ownership.
5.Prepare legal description(s) for the easement and draft easement documents for
prior review and approval by Elks Trustees, and recording at the Rock County
Court House. Such easement(s) from the Elks must be approved by all Elks
entities having authority over approval of such real property transactions and
conveyances.
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6.Pay to the Elks the sum of five thousand dollars and no/100 ($5,000.00)
following the execution of the sanitary sewer easement by the Elks and the
transfer of ownership of the force main.
7.Only use the easement acquired under this agreement for the purposes of a
sanitary sewer easement, unless otherwise agreed to in writing by the Elks
8.If there comes a time when the easement is no longer necessary to provide
sanitary sewer service to both the Elks Lodge and Riverside Golf Course, the
City will vacate the easement.
9.Consult with industry representative(s) prior to any future connections to the
force main and require private pressure system(s), including backflow
preventers, check valves, grease interceptors, etc., to be approved by industry
representative(s).
10.Pay all costs associated with testing and converting the existing force main to a
public facility. The City will not pay for any required improvements or
upgrades to the existing pumping facility which will remain in private
ownership.
11.Install clean outs and/or other necessary equipment as part of the public system,
as required to meet industry standards.
12.Require the property at 2006 N. Washington Street (currently known as
Wedges) to install a check valve of a nature and kind that is acceptable to the
Janesville Utility Director, to be located upstream of future lateral connections
to avoid a back up at the Elks.
13.If and when, in its sole discretion, the City improves the pathway between the
Riverside Golf Course parking lot and underneath the railroad tracks, it will
connect said pathway to existing pathways located on the Elks property solely at
the expense of the City.
The Elks agree to:
1.Allow City and its contractor to perform pressure testing of the existing force
main.
2.Water and maintain restored lawn area expense,
if excavation is required for pressure testing the force main.
3.Provide to the City copies of any and all plans, specifications, shop drawings,
as-built drawings, and operation manuals related to the existing pumping
facility.
4.Allow the City or its consultant to come upon the Elks to survey route and
alignment of the existing force main. This process may require excavation of
pipe. The Elks acknowledge the existing force main pipe location and depth are
unknown. Payment, including restoration, for the survey and any associated
5.Allow the City or industry representative(s), familiar with design and operation
of private booster pumping stations, to come upon the Elks property to fully
inspect the wet well and dry well components of the existing pumping facility to
ensure compatibility with future connections to the force main.
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6.Allow the property at 2006 N. Washington Street (currently known as Wedges)
and the Riverside Golf Course Club House to extend laterals to connect to force
main.
7.Connection of the Riverside Golf Course Club House lateral will require a
separate fifteen foot () wide minimum easement upon the Elks property and
this easement shall be granted to the City by the Elks. The City will pay for
costs associated with establishing and drafting the easement. The Elks are not
interested in allowing properties other than Wedges or the Club House to
connect without negotiating a future agreement with the City.
8.Agrees to continue future maintenance responsibilities of their private pumping
facility, solely at the cost and expense of the Elks and not the City.
Dated this ______________ day of ________________, 2011.
_________________________ ______________________________
Elks Lodge 254 Representative Jacob J. Winzenz, Asst. City Manager
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