#5 Approve Memorandum of Understanding with WDOT (File Res. #2009-640)
Community Development Department Memorandum
Date: September 30, 2009
TO: City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Approval of a Memorandum of Understanding between the City of
Janesville and the Wisconsin Department of Transportation (File
Resolution No. 2009-640).
_____________________________________________________________________
Summary
In order to provide full vehicular access on STH 11 at Midland Road into the Dean/St.
Mary’s project WisDOT is requiring that the City enter into a Memorandum of
Understanding (MOU) with the State. The MOU establishes a purchase price for the
access point which Dean/St. Mary’s has agreed to pay in addition to requiring that certain
traffic improvements be constructed to accommodate traffic flow and address public safety
in the area.
Department Recommendation
The Community Development Department recommends that the City Council adopt
Resolution No. 2009-640, which will authorize the City Manager to enter into a
Memorandum of Understanding to permit access to STH 11 at Midland Road for the
Dean/St. Mary’s project.
City Manager’s Recommendation
The City Manager supports adoption of this resolution.
Suggested Motion
I move to approve Resolution No. 2009-640 authorizing the City Manager to enter into a
Memorandum of Understanding with the Wisconsin Department of Transportation to permit
access onto STH 11 at Midland Road for the Dean/St.Mary’s project.
Background
City Staff, the Wisconsin Department of Transportation (WisDOT) and Dean/St. Mary’s
have been working together in order to facilitate the construction of a new hospital and
clinic facility at the southeast corner of I-39/90 and STH 11 (Racine Street). Dean/St.
Mary’s officials have indicated early on in the planning process that an access point onto
STH 11 at Midland Road was essential to provide emergency access to the hospital and
clinic facilities and provide convenient access to their customers. The access rights for the
Hwy 11 frontage of the Dean/St. Mary’s property was purchased by the WisDOT several
years ago; therefore, direct vehicular access onto STH 11 is prohibited. In order to
determine whether full-access at Midland Road could be granted without affecting traffic
movement at the interchange as well as through movement along the State highway,
WisDOT required a traffic study to be conducted. The results of the traffic study indicated
that a full-access point at STH 11 and Midland Road could be accommodated either
through installation of a signalized intersection or a roundabout. WisDOT, the City and
Dean/St. Mary’s are currently evaluating which concept would be the best for this
intersection. Ultimately, WisDOT will make this decision. Following this determination,
improvements for the highway will have to be assessed, and City Council review and
approval will be necessary for that component of the project.
As indicated above, the applicant must purchase access rights to STH 11 from the State.
An appraisal was conducted which indicated that access rights could be purchased for
$164,000. Dean/St. Mary’s has agreed to the purchase price. In order to complete this
transaction, WisDOT is requiring that the City enter into a Memorandum of Understanding
(MOU) with the WisDOT that sets forth the terms and provisions related to this
conveyance. The terms of the MOU include the following:
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access onto STH 11 at Midland Road will be granted based on the appraised
value.
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Installation of certain traffic improvements that include either a signalized
intersection on STH 11 at Midland Road or a roundabout, and the reconstruction
of the free-flow ramp from westbound I-39/90 to eastbound STH 11 to a stop sign
condition as recommended in the traffic study.
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temporary connection to STH 11 at Midland will be provided during construction
as approved by WisDOT.
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WisDOT maintains the right to require the City to conduct additional traffic studies
if motor vehicle crashes associated with the access point exceed WisDOT’s
statewide crash rate for this type of roadway facility or the access point regularly
contributes to queuing of vehicles into the I-39/90 interchange area.
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the City must install additional traffic improvements to solve demonstrated traffic
problems but allows the cost of traffic improvements to be assessed to others.
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WisDOT maintains the right to purchase back the access rights if they determine
the only way to solve safety and operational problems would be to close the STH
11 access point at Midland Road.
This MOU is similar to that used by WisDOT on other State routes for other major
developments requesting access accommodations. Dean/St. Mary’s believes that this
access point is essential to the critical care function and operation of their facility. The
Community Development Department believes that this is an important access point and
that the traffic improvements which will be installed can adequately accommodate the
projected level of traffic. As development increases along this corridor, future traffic
improvements will be necessary at the STH 11/Midland Road intersection and other
intersections within this area. Once WisDOT makes a decision on the type of intersection
improvements required for this intersection, cost estimates will be finalized and
arrangements for construction and payment will be brought back to council for approval.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2009-640
A resolution authorizing the City Manager to enter into a Memorandum of
Understanding with the Wisconsin Department of Transportation (WisDOT)
Conerning the Dean Health System and STH 11.
WHEREAS, Dean Health Care Systems/SSM Health Care of Wisconsin (SSM) owns
Subject Property
property (herein after ) located at the southeast corner of Interstate
Highway 39/90 (IH-39/90) and State Trunk Highway 11(STH 11); and
WHEREAS, Dean Health Care Systems/SSM desires to construct a regional medical
Development
facility that includes a new hospital and clinic on their property (herein after )
and desires to obtain a full access connection to STH 11 at Midland Road; and
WHEREAS, the Wisconsin Department of Transportation (WisDOT) purchased the access
Subject Property
rights for the STH11 frontage of several years ago, however, WisDOT
has agreed to allow Dean Health Care Systems/SSM to purchase access rights back to
allow for a connection onto STH 11 at Midland Road subject to installation of certain traffic
improvements at the new STH 11/Midland Road intersection and at the northbound IH-
39/90 interchange off-ramp; and
WHEREAS, the WisDOT is requiring that in order to allow the sale of this access point to
Dean Health Care Systems/SSM that the City of Janesville and WisDOT enter into a
Memorandum of Understanding (MOU) which specifies terms and conditions associated
with this access point; and
WHEREAS, Dean Health Care Systems/SSM has agreed to pay WisDOT the appraised
value of the access rights and have further agreed to make necessary traffic improvements
Development
in order to address traffic impacts resulting from the and establishment of
this access point; and
WHEREAS, the terms and provision of the MOU allows WisDOT to require future traffic
studies and improvements if warranted by a demonstrated accident history at the
intersection which exceeds statewide crash rates for this type of roadway or the
intersection contributes to queuing problems for the IH-39/90 interchange area;
WHEREAS, the MOU specifies costs that could be or will be incurred by the City of
Janesville for traffic inputs which may be passed on to land owners or developers through
development agreements, land division improvements, zoning approvals, special
assessments proceedings and /or imposition of impact fees;
WHEREAS, the Common Council finds that facilitating an access point onto STH11 for the
Development
proposed is within the best interest and benefit of the community and the
City and authorized under Sections 84.25(9) of the Wisconsin Statutes.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE that they hereby authorize and direct the City Manager, City Clerk and
RESOLUTION 2009-640
PAGE 2
his/her designee 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
and forms as may from time to time, be necessary and/or desirable to effectuate such
agreement and the intent of this resolution as the City Manager may decide; and
BE IT FUTHER RESOLVED BY THE COMMON COUNCIL that the City Manager and his
designees are hereby authorized to take at any time and from time to time whatever other
actions and make whatever minor changes to this MOU that the City Manager may find
necessary and/or desirable to effectuate 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
Proposed by: Community Development Department
Prepared by: Community Development Department