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#1 Authorize sanitary sewer easement at 2100 N Washington Street & 2160 Golf Course Road (File Res. #2012-898) Community Development Department Memorandum Date: March 26, 2012 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Action on a proposed resolution authorizing the acquisition of a sanitary sewer easement on property located at 2100 North Washington Street and 2160 Golf Course Road (Resolution No. 2012- 898). SUMMARY The Elks Lodge of Janesville is located at 2100 North Washington Street adjoining Riverside Golf Course. Sewer Service to the Lodge is provided by a privately-owned force main that extends approximately 2,000 feet south of the Elks property along the Union Pacific Railroad where it connects to the City’s public sewer collection system. Last year (mid-2011), the City made arrangements with the Elks to acquire an easement for the purpose of taking over ownership and maintenance 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. City acceptance of the force main and easement was conditioned upon a successful testing of the service main which failed to meet the required standard, and subsequently, the acquisition was not pursued. In response, the Engineering Department has designed an alternative proposal that would extend gravity flow sanitary sewer across a portion of Riverside Park to serve the Elks property from existing mains in the Mole & Saddler subdivision located south of the park. In order to extend the sewer main as proposed, the City would need to acquire easements on two parcels of land west of Riverside Golf Course. Those include property owned by the Elks Lodge and Wedges bar/restaurant. Staff is requesting the Council authorize the acquisition of easements to allow for a sewer extension affecting both properties. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommend that the City Council support a motion to approve Resolution No. 2012-898 authorizing the acquisition of a sanitary sewer easement on property located at 2100 N. Washington Street and 2160 Golf Course Road noting that the Plan Commission has not reviewed the financial aspects of this transaction. CITY MANAGER’S RECOMMENDATION The City Manager concurs with the Plan Commission recommendation. ANALYSIS A. The 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 sewer is part of an approximate 2,000 foot long private force main that connects to the City’s public sewer system at N. Washington Street near the south side of Riverside Park. The proposed easement on the Elks property has been configured to provide the Elks with municipal sewer service and also allow public facilities to be extended out to County Trunk Highway E (N. Washington St). The easement varies in width to accommodate utility installation needs and minimize tree disturbance on the site. The Elks Board of Trustees and general membership have voted to support the proposed easement and its alignment. Map 1 provides an illustration of the easement location on the property. B. In addition to providing sewer service to the Elks property, the utility extension will also traverse a portion of an intervening property which is occupied by Wedges Bar & Restaurant. This property was annexed to the City in 2011 and has experienced a failed septic system. The property owner is required to connect to the City of Janesville sewer system if utilities are available. The extension of municipal sewer within the designated easement corridor will provide both Wedges and the Elks with a connection to the City’s public sewer system. The sewer will also provide a future opportunity to connect the clubhouse building located at Riverside Golf Course with sanitary sewer. Currently, the clubhouse utilizes an on-site septic system for wastewater disposal. 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 Sanitary Sewer Service 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 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 offered the Elks a sum of $5,000 for conveyance of the easement. The easement and sewer extension allows an existing commercial development site with a failed sewer system to be provided with municipal wastewater services. The sanitary sewer also provides the City with a future opportunity to connect the golf course clubhouse to this facility. Lastly, acquisition of the easement as proposed will allow public sewer mains to be extended to County Highway E thus enabling the City to provide future sewer extensions to other properties along that transportation corridor. PLAN COMMISSION ACTION – MARCH 19, 2012 Duane Cherek, Manager of Planning Services, presented the written staff report. Commissioner Siker asked if the Elks Lodge was served with City sewer and water. Cherek confirmed that sewer service was currently provided through a privately-owned force main located south of the lodge. Cherek stated that this facility would be replaced by a gravity flow public sewer connection. Cherek added that the Golf course has an on- site septic system and would also need a public sewer connection at a future date. Commissioner Consigny questioned who was paying for the connection and Cherek answered that the cost would be a prorated assessment based on the parties benefitting from the sewer extension. Commissioner Madere asked if the new sewer line running through the easement was adequately sized so that it could take care of future connections to properties along Washington which would be a benefit to the City. Cherek stated that it was and that eventually the City would be able to serve properties in the vicinity of the Royal Oaks area and potentially eliminate an existing lift station. Commissioner Madere noted the cost savings of having a gravity sewer as opposed to a lift-station. Commissioner Madere asked if water utilities were extended to this area and Cherek stated that water service currently exists to serve the area. There was a motion by Commissioner Siker with a second by Commissioner Madere to find the proposed acquisition of a sanitary sewer easement on property located at 2100 N. Washington Street and 2160 Golf Course Road consistent with established City plans and recommend that the City Council proceed with the easement acquisition noting that the Plan Commission has not reviewed the financial aspects of this transaction. The motion carried on a 5-0-0 vote. cc: Eric Levitt Jay Winzenz RESOLUTION NO. 2012-898 A resolution authorizing the acquisition of a sanitary sewer easement on property located at 2100 North Washington Street and 2160 Golf Course Road. 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 , a recent pressure test performed on the existing force main failed causing the Elks Lodge and City to consider an extension of gravity flow sewer facilities to the Elks Lodge and intervening properties, and; WHEREAS, property located at 2006 N. County Trunk E, known as “Wedges”, is served by a private septic system which has failed and can be connected the City’s sanitary sewer system if extended, and; WHEREAS , Riverside Golf Course and the club house building which currently utilizes an on-site septic system for wastewater disposal can also connect to municipal sewer services if said utility is extended, and; WHEREAS , the acquisition and conveyance of a sanitary sewer easement on property located at 2100 N. Washington Street and 2160 Golf Course Road allows the City to provide a sewer extension and future connection to the Elks Lodge and Wedges, and; WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(15) 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 finds that this easement acquisition and acceptance is in the best interests of, and 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 sanitary sewer on property located at 2100 North Washington Street and 2160 Golf Course Road 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. RESOLUTION 2012-898 PAGE 2 ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent 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 窻®­·¼» Ù±´º ݱ«®­» Û´µ­ Ô±¼¹» îðù íðù Ю±°±­»¼ Í»©»® Û¿­»³»²¬ íëù É»¼¹»ù­ Þ¿® o ß½¯«·­·¬·±² ±º Í¿²·¬¿®§ É·­½±²­·²ù­ п®µ д¿½» Ý·¬§ ±º Ö¿²»­ª·´´» Ý·¬§ ±º Ö¿²»­ª·´´» Í»©»® Û¿­»³»²¬ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ íñïìñîðïî ÞòÞòô д¿²²·²¹ Í»®ª·½»­ ðéðïìðîïðîèð ï þ ã ïïé ù Ú»»¬ ÍæÄЮ±¶»½¬­Äд¿²²·²¹ÄÓ·­½ÄÛ´µ­Ý´«¾Û¿­»³»²¬ò³¨¼