#04 Approve memorandum of understanding with Rock County (File Res. #2009-646)Community Development Department Memorandum
Date: October 5, 2009
TO: City Council
FROM: Bradley A. Cantrell, Community Development Director
SUBJECT: Approval of a Memorandum of Understanding between the City of
Janesville and Rock County (File Resolution No. 2009-646).
_____________________________________________________________________
Summary
In order to provide full vehicular access onto County J (S. Wright Road) from the Dean/St.
Mary’s project Rock County is requesting that the City enter into a Memorandum of
Understanding (MOU). The MOU provides for the County to issue an access opening for
the Dean/St. Mary’s project and in so doing is also requiring that some traffic improvements
as required in the traffic study be provided. Dean/St. Mary’s has agreed to pay for these
traffic improvements in order to accommodate the traffic and address vehicular safety in
the area.
Department Recommendation
The Community Development Department recommends that the City Council adopt
Resolution No. 2009-646, which will authorize the City Manager to enter into a
Memorandum of Understanding for access to County J (S. Wright 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- 646 authorizing the City Manager to enter into a
Memorandum of Understanding with Rock County regarding access to the Dean/St.Mary’s
project onto County J (S. Wright Road).
Background
City Staff, the Wisconsin Department of Transportation (WisDOT), Rock County 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 shown access to their project not only from STH 11 but also
County J (Wright Road). The access onto County J is under the jurisdictional control Rock
County therefore an access permit from the County is necessary. Traffic studies
completed for the hospital and clinic indicate that access can be accommodated onto
County J if certain traffic improvements are implemented. Dean/St. Mary’s has agreed to
pay for the necessary traffic improvements. The County J improvements similar to the STH
11 improvements will have to be assessed and City Council review and approval will be
necessary for that component of the project.
In order to allow access onto County J, Rock County is requiring that the City enter into a
Memorandum of Understanding (MOU) with Rock County for this access point onto County
J. The terms of the MOU include:
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allows for an access point onto County J.
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requires certain traffic improvements which include a turn lane improvement as
recommended in the traffic study.
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gives Rock County the right to require the City to conduct additional traffic studies
when future development on the Dean/St. Mary’s property result in increased
traffic and turning movements at the access point onto County J.
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requires the City to install additional traffic improvements to address increased
traffic from the Dean/St. Mary’s development on County J and allows the City to
assess those traffic improvements to others.
Dean/St. Mary’s believes that this access point is necessary for their project to function
properly. The Community Development Department believes that this is an important
access point and that the planned traffic improvements will adequately accommodate the
estimated traffic. As additional development occurs on the Dean/St. Mary’s property, future
traffic improvements will be necessary at this access drive location.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2009-646
A resolution authorizing the City Manager to enter into a Memorandum of
Understanding with Rock County for a Direct Access Permit for the St. Mary’s
Hospital and Dean Clinic Project.
WHEREAS, Dean Health Systems, Inc./SSM Health Care of Wisconsin (SSM) (hereinafter
Dean
) owns certain real property constituting two separate contiguous lots located at the
southeast corner of I-39/90 and STH 11(E. Racine Street), legally described in Attachment
Subject Property
A hereto (hereinafter the ); and
Dean
WHEREAS, desires to construct a regional medical facility that includes a new
hospital and a separate doctor and health care professional medical clinic upon their
Development
property (herein after ) and desires to obtain an access connection to County
Highway J (S. Wright Road); and
Subject
WHEREAS, the County of Rock must grant and issue a permit before the
PropertyDevelopment
and could lawfully have direct access onto County Highway J; and
Subject Property
WHEREAS, the County of Rock has agreed to grant the and
Development
an access permit to County Highway J,subject to and contingent upon the
City
installation by the City of Janesville (hereinafter ) of certain traffic improvements at the
intersection of County Highway J and the new access drive; and
WHEREAS, Rock County is further requiring that in order to grant the access permit, the
City
and the County must enter into a certain Memorandum of Understanding (MOU), a
true and correct photocopy of which is attached hereto and incorporated herein as if fully
set forth verbatim, which sets forth and specifies certain binding terms and conditions
associated with the improvement of the access point, as required by the County of Rock;
and
Dean
WHEREAS, has agreed to pay for all of the necessary traffic improvements
City
including, but not limited to, those that will be installed by the , in order to address
Development
traffic impacts resulting from the and establishment of this access point; and
WHEREAS, the terms and provisions of the MOU allow Rock County to require future
traffic studies and improvements if demonstrated by an increase in traffic generated by
Subject Property Development
additional development on the and/or that warrants the
installation of said access point improvements on County Highway J; and
WHEREAS, the Common Council hereby find that facilitating and improving an access
DevelopmentSubject Property
point onto County Highway J for the Dean and is in the
best interest of the public and benefit of the community.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF
JANESVILLE that the City Manager, City Clerk, and his/her designee(s) are authorized to
RESOLUTION 2009-646
PAGE 2
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 and at any time, be necessary and/or desirable to effectuate the
MOU and/or 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
designee(s) are hereby authorized to take at any time and from time to time whatever other
actions and make whatever minor changes to the MOU that the City Manager may
determine 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:
_______
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
and City Attorney
08/04/2009
MEMORANDUM OF UNDERSTANDING (MOU)
By and Between
The City of Janesville (GRANTEE, CITY)
And
The County of Rock (GRANTOR, COUNTY)
Permitting DEAN/SSM Direct Access onto County Highway J in Janesville, Wisconsin
Dean Health Systems, Inc., and SSM Health Care of Wisconsin, Inc., (DEAN/SSM) are
jointly and severally developing a new regional medical facility that includes a new
hospital and a new physician medical clinic upon their properties located in the City of
Janesville. DEAN/SSM desire direct access to State Trunk Highway 11 (STH 11) from this
site and project.
WHEREAS, Dean Health Systems, Inc./SSM Health Care of Wisconsin (SSM)
Dean/SSM
(hereinafter) owns certain real property located in the City of Janesville,
City
County of Rock, State of Wisconsin (hereinafter ), constituting two separate
contiguous lots located at the southeast quadrant of the Interstate Highway 39/90 and STH
Subject
11 (E. Racine Street), legally described in Attachment A hereto (hereinafter the
Property
) which description is reiterated and incorporated herein as if fully set forth
verbatim; and
Dean/SSM
WHEREAS, desire to construct a regional medical facility that includes a new
hospital and a separate doctor and health care professional medical clinic upon their
Development
property (herein after ); and further desire to obtain a direct access
DevelopmentSubject Property
connection for and from the and from and onto County
Highway J (S. Wright Road) at a specific location as set designated and set forth in
Access Point
Attachment A hereto (hereinafter the ); and
County)
WHEREAS, the County of Rock (hereinafter owns and controls County Highway
Access Point
J (S. Wright Road) at the ; and
CountySubject Property
WHEREAS, the must grant and issue a permit before the and
Development
can lawfully have direct access from and onto County Highway J at the
Access Point
; and
County
WHEREAS, DEAN/SSM have jointly and severally requested from the
Development Subject Property from
permission for direct access from and onto the and
andAccess Point
onto County Highway J (S. Wright Road) at the ; and
CountyAccess Point
WHEREAS, the , by granting, allowing, and issuing a permit for an
Access PointCity
requires certain traffic improvements to the be constructed by the ; and
Access Point
WHEREAS, once the said permit is granted and issued, modifications must
Development
be made to County Highway J at the new access drive for the to protect the
safety of the traveling public; and
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08/04/2009
CountySubject Property
WHEREAS, the has agreed to grant and issue to the and
Development
an access permit onto County Highway J,subject to and contingent upon the
City
installation by the of certain traffic improvements at the intersection of County
Development’s
Highway J and the new access drive; and
County
WHEREAS, the is further requiring that in order to grant the access permit, the
CityCounty
and the must enter into this Memorandum of Understanding (MOU) which
sets forth and specifies certain binding terms and conditions associated with the
Access PointCounty
improvement and maintenance of the , as required by the ; and
Dean/SSM
WHEREAS, has agreed to pay for all of the necessary traffic improvements
City
including, but not limited to, those that will be installed by the , in order to address
Development
traffic impacts resulting from the and establishment of this access point; and
County
WHEREAS, the terms and provisions of the MOU allow the to require future
traffic studies and improvements if demonstrated by an increase in traffic generated by
Subject Property Development
additional development on the and/or that warrants the
installation of said access point improvements on County Highway J; and
City,
WHEREAS, the Common Council of the on Monday, the _______ day of October,
2009, found that facilitating and improving an access point onto County Highway J for the
DevelopmentSubject Property
and is in the best interest of the public and benefit of the
community by approving and adopting Janesville File Resolution No. 2009-646,
A resolution
authorizing the City Manager to enter into a Memorandum of Understanding with Rock County for a Direct Access
and
Permit for the St. Mary’s Hospital and Dean Clinic Project;
Now, therefore, the County City
and thehereby acknowledge and understand the
Access Point
following conditions for granting said permit, and for good and valuable
County
consideration, the receipt and sufficiency of which are hereby acknowledged, the
City
and the hereby contract, promise and agree as follows:
1.Each of the above recitals is reiterated and incorporated herein as if fully set forth
verbatim.
AccessPoint
2.To ensure that the public safety is facilitated at the for the access
DevelopmentSubjectPropertyCity
drive into and from the and , the and the
County
agree to and shall limit access to County Highway J as follows:
County
3.Only one (1) access drive shall be permitted by the onto and from County
Development Access Point
Highway J along the frontage of the and only at the.
4.Said access drive shall be located approximately 300 feet south of the STH
11/County J (S. Wright Road) intersection as illustrated on the attached site plan,
Exhibit B, which Attachment is reiterated and incorporated herein by reference as if
fully set forth verbatim.
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08/04/2009
5.The design and construction of the intersection of this access drive onto County J
City
shall be the responsibility of the and constructed as approved by the Rock
County Public Works Director.
CountyCity
6.Thereserves the right to require the to conduct additional traffic
CityCity’s
studies by a qualified traffic engineering firm chosen by , at cost, for
consideration of access improvements in the event that additional development on
Development
the site occurs.
City
7.The will be responsible for all expenses and costs associated with
Development
modifications and/or improvements for the access onto County
Highway J.
8.Nothing in this agreement referencing costs that could be or will be incurred by the
CityCity’s
is intended to limit the ability to pass those costs on to land owners or
developers through development agreements, land divisions improvements, zoning
approvals, special assessment proceedings, and/or the imposition of impact fees.
9.Enforcement: The provisions of this MOU are intended to be enforceable between
the parties hereto. In the event of a dispute between the parties, they shall meet and
attempt to resolve the dispute informally.
County
10.The MOU supercedes any other previous understanding between the and
City
.
11.This MOU is effective on the date the document is duly executed by all signatories.
This MOU will be null and void if not duly executed by all signatories by
November 16, 2009.
COUNTY OF ROCK CITY OF JANESVILLE
By: By:
Craig Knutson, County Administrator Eric J. Levitt, City Manager
By: By:
Lori Stottler, County Clerk Jean Ann Wulf, City Clerk-Treasurer
Dated: Dated:
The City of Janesville by Resolution No.
2009-646 agrees to the obligation under this
MOU.
Shared/Dean County City MOU Cty J Access Janesville DEANdraftMOU rock county (3).doc
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