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#4 Establish a relocation order for right-of-way of E Milwaukee & Wuthering Hills intersection improvement (File Res. #2011-851) Community Development Department Memorandum Date: November 14, 2011 TO: Janesville City Council FROM: Brad Schmidt, AICP, Associate Planner SUBJECT: Action on a Proposed Resolution Establishing the Relocation Order for the Right-of-Way of the East Milwaukee Street/Wuthering Hills Drive Intersection Improvement Project (File Resolution No. 2011- 851) ____________________________________________________________ SUMMARY In 2008, the City Council approved a proposal to construct a roundabout at the intersection of East Milwaukee Street and Wuthering Hills Drive. The construction of the roundabout is intended to improve vehicular safety and provide for the efficient movement of traffic. Construction of the roundabout is anticipated to begin in 2012. Prior to construction, however, the City must acquire land for public right-of-way and temporary limited easements from property owners adjoining the intersection. A Relocation Order is a necessary step in the acquisition process and the attached Resolution No. 2011-851 establishes the Relocation Order for the properties and easements to be acquired. The acquisition of additional land for public right-of-way at this intersection is consistent with City plans. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to adopt Resolution No. 2011-851 establishing the Relocation Order for the East Milwaukee Street/Wuthering Hills Drive Improvement project and authorizing the City Manager to execute the Relocation Order. CITY MANAGER RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. SUGGESTED MOTION I move to adopt Resolution No. 2011-851 establishing the Relocation Order for the East Milwaukee Street/Wuthering Hills Drive Improvement project and authorizing the City Manager to execute the Relocation Order. ANALYSIS A. In 2008, City Council approved a proposal to construct a roundabout at the intersection of East Milwaukee Street and Wuthering Hills Drive. The project will require the widening of the roadway at the four corners of the intersection to accommodate proper turning radii. The project includes complete reconstruction of the intersection including; new pavement, curb and gutter, and sidewalks. Construction is scheduled to begin in the summer of 2012 and is targeted for completion in the fall of 2012. B. The project will be undertaken along with the Wisconsin Department of Transportation. A portion of the funds for construction of the roundabout are provided by the Federal Highway Safety Improvement Program. Funding for the reconstruction project will be provided partially by State/Federal funds ($395,000) with the City providing funding for the remaining funds ($210,000). The local share will be covered by the General fund. The General Fund portion was partially borrowed in 2011 with the balance to be borrowed in 2012. A Relocation Order is a necessary step in the acquisition process and the attached Resolution No. 2011-851 establishes the Relocation Order for the properties and easements to be acquired. C. The Community Development and Engineering Departments have evaluated this road reconstruction project and agree that the proposed acquisitions of the various easements and additional right-of-way along East Milwaukee Street and Wuthering Hills Drive are necessary for construction of the roundabout. The easements, which will accommodate the proper grading to match driveways and sidewalks, consist of 3,809 S.F. and affect 4 properties. Additional right-of-way will need to be acquired from those 4 properties in order to accommodate the widening of the roadway. The total amount of right- of-way that will need to be required is 790 S.F. All affected property owners will be compensated at fair market value as established by an independent appraiser for the acquisition and/or temporary use of their property. The properties impacted by the project are shown on the attached Exhibit A. D. Staff believes that the acquisition of land for the construction of the roundabout is consistent with City plans. PLAN COMMISSION ACTION – 7 November 2011 Brad Schmidt, Associate Planner, presented the written staff report. Commissioner Siker asked what the timeframe for construction was and Schmidt stated that they hoped to start in late summer or early fall of 2012 with completion before winter. Commissioner Voskuil asked how this information had been communicated to the neighbors. Schmidt indicated that they had been invited to a public informational meeting in May regarding the project and process. Commissioner Voskuil suggested that since the project will greatly impact the neighborhood, consideration should be given to inviting the affected property owners to the November 14 Council Meeting. There was discussion regarding the Plan Commission’s role which is to comment and make a recommendation on the acquisition of the right-of-way and temporary easements. Commissioner Marklein stated that although he generally supports round-a- bouts, he feels that this one is being squeezed into a very small space and had concerns regarding how it would handle traffic and winter snowplowing. There was a motion by Commissioner Werner with a second by Commissioner Madere to recommend that the Plan Commission find the proposed acquisition of right-of-way and easements along East Milwaukee Street and Wuthering Hills Drive, to accommodate the roundabout construction project, to be consistent with City plans; and further recommends that the City Council proceed with these transactions noting that the Plan Commission has not reviewed the financial aspects of these transactions. The motion carried on a 5-2-0 vote with Commissioners’ Siker and Marklein opposed. Exhibit A East Milwaukee Street/Wuthering Hills Drive Intersection Reconstruction Project Affected Property Owners Additional Temporary Right-of- Easement way Required Required Affected Property Owners (sf) (sf) 1 Gregory G. Clathworthy 947 281 2 Adam J. Splinter 1,019 119 Muhammad Humayun Qureshi & 3 Ayesha Humayun Qureshi 1,237 289 4 Donald L. Bohman & Faye A. Bohman 606 101 RESOLUTION NO. 2011-851 A Resolution Establishing the Relocation Order for the Acquisition of Right-of- Way on East Milwaukee Street and Wuthering Hills Drive. WHEREAS , to properly establish, layout, widen, construct, reconstruct, improve, or maintain a portion of the highway hereinafter described, it is necessary to acquire certain lands or interests in lands, as shown on the attached plat marked Plat of Right-of-Way required for East Milwaukee Street and Wuthering Hills Drive, City of Janesville, Rock County, Project I.D. 5990-00-25 as approved by the Wisconsin Department of Transportation; and WHEREAS , the Common Council of the City of Janesville, together with the Wisconsin Department of Transportation, recognizes the need to improve the intersection of East Milwaukee Street and Wuthering Hills Drive to provide for the construction of a roundabout to improve vehicular traffic safety; and WHEREAS , the City of Janesville shall acquire certain lands and interests therein as shown on the attached plat marked Plat of Right-of-Way as provided by Chapter 32, Wisconsin State Statues; and WHEREAS , the termini of the East Milwaukee Street/Wuthering Hills Drives improvement project are more particularly described as follows: BEGIN RELOCATION ORDER: FROM A POINT on the North line of the Northeast quarter, being located S  8845’43” E, 1.99 feet from the North quarter corner of Section 28, Town 3 North, th Range 13 East, of the 4 P.M., City of Janesville, Rock County, Wisconsin. END RELOCATION ORDER: Thence easterly to a point on the North line of the Northeast quarter, being  located N 8845’43” W, 2341.07 feet from the Northeast corner of Section 28, th Town 3 North, Range 13 East, of the 4 P.M., City of Janesville, Rock County, Wisconsin NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville, pursuant to authority granted under Section 62.22, and other applicable Wisconsin Statutes, hereby authorizes this Relocation Order and directs the City Manager to file a copy of this Resolution with the County Clerk of Rock County, Wisconsin on behalf of the City. 1. The said roadway intersection is laid out and established to the lines and widths as shown on the plat; 2. The required lands or interests in lands as shown on the plat shall be acquired by the City of Janesville; and 3. This order supersedes and amends any previous order issued by the City of Janesville, Wisconsin. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Dongarra-Adams Eric J. Levitt, City Manager Liebert McDonald ATTEST: Rashkin Steeber Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Engineering Division Prepared by: Community Development Department ÐÎÑÖÛÝÌ ÔÑÝßÌ×ÑÒ q Ü¿¬»æ ïïñðîñïï Í½¿´»æ ïþã ìððù Ó¿° Ý±±®¼·²¿¬»æ Íóïéñïè Î»´±½¿¬·±² Ñ®¼»® º±® ÎóÑóÉ ±º Ûò Ó·´©¿«µ»» Í¬ñ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ É«¬¸»®·²¹ Ø·´´ Ü® ×²¬»®»½¬·±² ×³°®±ª»³»²¬ Ð®±¶»½¬ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÍæÐ®±¶»½¬ÄÐ´¿²²·²¹ÄÍ«®ª»§Ó¿°ÄÍ«®ª»§Ó¿°óîðïïÄÍóîíÁïïððíóÌ