Petition says residents near Janesville Walmart have seen six years of problems

By MARCIA NELESEN ( Contact )   Tuesday, Nov. 1, 2011
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Gale S. Price

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Matt VanHaren with Rock Road prepares a patch section of the bike trail behind Home Depot for paving as the construction of an infiltration trench and maintenance road nears completion.

Matt VanHaren with Rock Road prepares a patch section of the bike trail behind Home Depot for paving as the construction of an infiltration trench and maintenance road nears completion.

— Amhurst Road residents say they’ve had enough.

About 25 residents recently delivered two petitions to the city filled with complaints that started surfacing when Walmart was built six years ago.

Problems include standing water, trash and mosquitoes, neighbors say.

“The neighbors feel the city has given the greenbelt to Walmart,” said Tom Arndt, 3523 Amhurst Road.

Before Walmart received its conditional-use permit, the city told residents a stormwater detention pond between the development and the subdivision would drain within 72 hours, Arndt said.

“Now, it’s been 72 months.”

Walmart just finished a new detention system costing $900,000.

But the fix created another problem, residents say. The company built a wide gravel road to stabilize the soil and provide access to the detention facility. Residents are angry the city didn’t meet with them first so they could have a say in the project.

Residents want the road removed.

They also want compensation from the city. Their homes are taxed higher because they are on a greenbelt, but the city has allowed its condition to deteriorate, Arndt said.

Some of the residents are the same people shocked in 2006 when trees and brush behind their homes were removed, opening views to the new commercial area. The trees were removed to build the faulty detention system.

Arndt said neighbors realize the greenbelt is owned by the city.

“Shouldn't the people who live right next door at least be able to have a say on what goes on next to their properties?” he asked. “We were not notified of any of the construction going on behind our homes.”

Arndt believes the Mercy Health System construction nearby is the only reason the city finally forced Walmart to fix the detention pond. The Mercy property cannot drain into the area until the problems are solved.

Gale Price of the city community development department said he had repeatedly tried to get Walmart to fix the drainage facility.

Stormwater passes from the Walmart property into a pit created when gravel and soil were mined for Interstate construction years ago. All the water in the area drains there, including water from surrounding subdivisions.

Walmart six years ago did not build its infiltration galleries far enough south, Price said.

“The plans did not give us all the topography clear down to the southern end of the pit, so we had no way to make that determination that it was in the wrong spot when it got built,” Price said.

“I had been chasing Walmart for three years to get them to fix the facility,” Price said. “This spring, when I withheld the building permit for them to remodel their store, that got their attention.”

A bond of about $50,000 held by the city to cover future problems expired long ago.

Engineers hired by Walmart used gravel to stabilize the exposed soil and create a maintenance road, Price said. The city doubts prairie plants could grow through the gravel.

Price said he did not hold a neighborhood meeting to show residents construction plans because he thought he was doing what they wanted—fixing the drainage problem.

“They’ve got a legitimate gripe,” Price said. “I think we’re going to end up with a (stormwater) facility that works. They feel that the price was too high.

“We’re working with another consultant to determine what can be done to assure that the prairie is going to grow up,” Price said.

Conditional-use plans require Mercy to plant trees to provide additional screening on the hillside where vegetation was removed in 2006.

City Manager Eric Levitt met with neighbors last month. He said the city has two goals: to correct the drainage issue and create a prairie greenbelt with a small maintenance road.

“My position is, it will occur,” Levitt said.

reader COMMENTS
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(41)
frogger
Nov 3, 2011 at 12:32 p.m.
Suggest removal

vato-"Reminds me of the public unions, they preach Buy American
to create American jobs.

Then you see them driving around in Hondas, Nissans, and Toyotas."
Do some research- they are built here and made BY AMERICANS.

frogger
Nov 3, 2011 at 12:25 p.m.
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So if Walmarts land is flooded why is this anybodies business or problem of theirs? Seems like just Walmarts problem. If they say mosquitoes will hang out - well they hang out at the river and bird baths too!

Oreally
Nov 2, 2011 at 4:06 p.m.
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Well, despite the many complaints, Wisconsin is "open for business," remember? And that means noise and dirt.

janesvillean
Nov 2, 2011 at 2:04 p.m.
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vatoloco, you certainly love flaunting your ignorance. It is the *job* of the UAW to protect its members jobs. (By the way, the UAW is not a "public [employee] union", and while it would be nice if there were more cooperation between public and private sector unions, the fact that a teacher drives a Honda doesn't mean that the UAW guy is a hypocrite, no matter how you fudge your sentence and word meanings.) As to what this has to do with a drainage pond in Janesville, you tell me. The common thread for you, though, seems to be denying people the opportunity to speak on their own behalf for flimsy reasons. I don't care if someone shops at Wal-Mart, they still have the constitutional right to demand the city enforce the law with respect to Wal-Mart. I don't care if they own an SUV, either, or if their house is more expensive than yours, they have the right to speak. Why are you so concerned with what they have to say? Why is it important to you that they NOT have this right? Seems pretty un-American to me.

truth1
Nov 2, 2011 at 2:03 p.m.
Suggest removal

youkillme--"they can see china from their window"......LOLOL....GOOD ONE!!!

vatoloco
Nov 2, 2011 at 1:04 p.m.
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TCB

Why do the leftists and the UAW cry when companies move out of the country then?

Duh...I don't understand what Global means.....you are something else.

frusion
Nov 2, 2011 at 1:03 p.m.
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Blade, fill me in on the lawsuits, violations, and all kinds of bad ethical practices.

royo
Nov 2, 2011 at 1:01 p.m.
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vataloco & SwissChick, the profits may go back to other countries, but where are the jobs located at? And those workers that get paid to build the foreign cars (in the US), are spending their money in the US. I bet the amount of money being put into the US economy highly outweighs the profits that go overseas.

Take a look at your so called "American made" car. I bet AT LEAST 75% of it has parts that were built in other countries and shipped here to be assembled. They are "American Assembled" not "American Made." Just like Honda, Toyota, and Nissan. It is called a GLOBAL economy. They buy parts from us, we buy parts from them.

BunBun
Nov 2, 2011 at 12:23 p.m.
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where was the petition to complain about all the houses behind walmart that destroyed some of the best farm land on the planet?

SwissChick
Nov 2, 2011 at 12:15 p.m.
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Blade - . . . and Walmart isn't??

SwissChick
Nov 2, 2011 at 12:12 p.m.
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They might be built in the USA, but the majority of the profits go back to another country.

TCB
Nov 2, 2011 at 12:03 p.m.
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vataloco,

Honda, Nissan, and toyota each are built in the USA. The auto business is a global business-someday you will understand this.

Blade
Nov 2, 2011 at 11:21 a.m.
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Leave Walmart alone! Go after Woodmans!!!! That place is filled with lawsuits, violations, and all kinds of bad ethical practices.

vatoloco
Nov 2, 2011 at 9:08 a.m.
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"poor poor richies... always whining. but they're the first to pull their fancy suv's into wal-mart & "

Reminds me of the public unions, they preach Buy American
to create American jobs.

Then you see them driving around in Hondas, Nissans, and Toyotas.

ballrude
Nov 2, 2011 at 8:12 a.m.
Suggest removal

Isn't it time for Wal-Mart to rebuild somewhere else and abandon the current property?

TCB
Nov 2, 2011 at 7:30 a.m.
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Arndt "“Shouldn't the people who live right next door at least be able to have a say on what goes on next to their properties?”

Answer: No. Its private property.

At this point-this is a city issue-direct your anger at the city not a private company.

neweyes
Nov 2, 2011 at 7:03 a.m.
Suggest removal

Tax and spend you got it wrong. That property was NOT zoned commercial over 40 years ago, that is a fallacy that keeps perpetuating itself. Regardless, that idea has nothing to do with the concerns those residents raise. You would also complain if there was garbage all over and a cesspool in your backyard! I also applaud those residents for organizing and taking Walmart to task.

pastamom
Nov 2, 2011 at 6:48 a.m.
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I commend these homeowners for keeping up the complaints with WalMart. A business shouldn't be allowed to do a shoddy job and then get away with it because time passes. Anyone who feels these are the "rich" complaining, I'd say that any neighborhood, rich or poor, can and should organize and keep at a company until it lives up to its promises. It takes neighbors who care. The fact that these folks are taxed higher for living on a greenbelt just adds insult to injury.

yada
Nov 2, 2011 at 5:59 a.m.
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Regarding a comment by Price - about the topography plans - that they did not give a clear picture to southern end. It is YOUR JOB TO ASK FOR IT! Do you actually think they are going to do it correctly if they can get by with less? The people have a right to be mad and the city of Janesville should be ashamed that 72 hours is now 72 months. Have a backbone and make them do it or fine them for every day they are not in compliance.

WisconsinResident
Nov 2, 2011 at 5:49 a.m.
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Conditional-use plans require Mercy to plant trees to provide additional screening on the hillside where vegetation was removed in 2006. What kind of deal is that sounds me like the city got screwed on that deal. It seems to me in my opinion that Wal-Mart rips out trees and removes vegetation the Wal-Mart needs to be the ones that should incur the expenses to replace what they rip out. My question to the city is why should another business have to pay for something that Wal-Mart clearly did that is Wal-Marts responsibility right? The city should reexamine its dealings with Wal-Mart and remind Wal-Mart they need to be mindful of their neighbors before they go doing anything and listen to what the neighbors have to say.

kangaroojack
Nov 2, 2011 at 2:35 a.m.
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Reminds me of the people who are complaining about the noise at Rockford Speedway. Who's fault was it to move in to an apt building RIGHT BEHIND THE TRACK?

Really sad thing is, if Walmart would had built the Supercenter/Sams Club on the south side, these same people would be complaining that its "too far to drive".

frusion
Nov 1, 2011 at 11:06 p.m.
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Doc, I'm afraid you make no sense to me. You state that the city is faulty in how they work with businesses? Walmart removes trees, Mercy is going to put them back, you complain. I am missing your point.

youkillme
Nov 1, 2011 at 10:01 p.m.
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Chsmkr, adjacent property owners don't have to do anything directly on another's property or to their rights to effect them. Insufficient drainage caused by development and their attempts to "fix" it almost always effects surrounding properties. Whether the city had a hand it is almost irrelevant. They should fix what they broke and fix their fix and fix it again until things are made right and whole again.

BostonBill
Nov 1, 2011 at 9:43 p.m.
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digitalodonata, That is so true.

redder
Nov 1, 2011 at 7:19 p.m.
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My god people...oh and guy who owns the blue house on the corner call me if you want to sell.....i will buy it, like the house

doc0430
Nov 1, 2011 at 7:11 p.m.
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Conditional-use plans require Mercy to plant trees to provide additional screening on the hillside where vegetation was removed in 2006.
So Wal-Mart rips them out and the city wants Mercy to replace them? Ahh yes, you have gotta love the way this city deals with businesses. It's no wonder the high unemployment problem in Janesville is not moving in a positive direction. That's the cities solution to every problem, just plant some trees. The only way that's going to help is if they employ those out of work to plant them, you would have to plant an awful lot of trees to help those numbers though......

digitalodonata
Nov 1, 2011 at 6:56 p.m.
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poor poor richies... always whining. but they're the first to pull their fancy suv's into wal-mart & sams.

ChsMkr
Nov 1, 2011 at 5:50 p.m.
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Y-K-M, aptly chosen name! From what I read the commercial property owners aren't doing anything to or on the private owner's actual property. As far as their (or your) rights, the private owners knew of commercial potential when they bought their lots. The city has long proclaimed the fact that the greenbelts belong to the public, but are managed by the city and changes are at their discretion.

youkillme
Nov 1, 2011 at 5:39 p.m.
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Just because you had a home built next to vacant commercial land doesn't give the commercial property owners the right to crap on your land or your rights.

partarican1
Nov 1, 2011 at 5:15 p.m.
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Why the city let ANYONE build in the wetland is the real question here...these residents have a right to be pissed- Walmart has failed to provide adequate drainage of their retention pond. This area was a problem for flooding long before Walmart came along. Adding new structures to the area will exacerbate the problems, so neighbors beware even more...

goodforjanesberg
Nov 1, 2011 at 5:10 p.m.
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SO MOVE...we lived adjacent to a greenbelt too, the city came in and scraped almost all vegetation from it, without any input from us, though our taxpayer $$$ paid for the unsightly demo...quit complaining, Walmart is paying for the drainage problem not you...must be a boring life ...let's see we'll fight with Walmart for 10 or more years..that'll give us something to do....get lives..volunteer your time for something that benefits someone besides yourselves

janesvillean
Nov 1, 2011 at 5:07 p.m.
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These are legitimate things to complain about. I think the city has been lax in enforcing its orders, and arrogant in failing to inform the neighbors about what it's doing. It's too bad, because it looks like they're finally trying to get a good outcome here.
.
reedrick91485, that's been an ongoing problem:
http://gazettextra.com/news/2010/mar/09/...
http://gazettextra.com/weblogs/opinion-m...
http://gazettextra.com/news/2010/apr/14/...
http://gazettextra.com/news/2010/aug/28/...
(Of course, the real problem is the historical accident that we're one of only a few places in Wisconsin without a *county* landfill suitably far from residential areas.)

frogger
Nov 1, 2011 at 4:49 p.m.
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You knew when you bought your home it was next to commercial LAND that may develop. I am tired of the whining about this or that. My quess is you never thought it would happen so bought/built anyway. Now it happened and we will never hear the end of the "nasty" commercial building next to you.

youkillme
Nov 1, 2011 at 4:29 p.m.
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"Some of the residents are the same people shocked in 2006 when trees and brush behind their homes were removed, opening views to the new commercial area."--------------------- Look at the upside. They could see China from their window.

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