#3 Authorize direct access permit onto Hwy J for Sara Investments (File Res. #2010-721)
Community Development Department Memorandum
Date: August 9, 2010
TO: Eric Levitt, City Manager
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to enter
into a Memorandum of Understanding between the City of Janesville and
Rock County (File Resolution No. 2010-721).
_____________________________________________________________________
Summary
SARA Investment Real Estate, LLC (SARA) is the owner of undeveloped property located
at the southeast corner of STH 11 and County Highway J (S. Wright Road), directly to the
east and across from the new regional medical facility being constructed by Dean/St.
Mary’s. SARA Investment proposes to develop a portion of the subject property with an
office related use. In order to provide access to the site from County Highway J, 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 SARA project and also
requires that certain traffic improvements be installed as recommended in a traffic study
that was conducted for the subject property and the adjoining Dean/St. Mary’s project. A
similar MOU was approved by the Council in the fall of 2009 for the Dean/St. Mary’s access
permit on the west side of County J. Improvements costs to accommodate the necessary
traffic improvements for the access opening will be assigned to SARA Investments as part
of their proposed development.
Department Recommendation
The Community Development Department recommends that the City Council adopt
Resolution No. 2010-721, which will authorize the City Manager to enter into a
Memorandum of Understanding for access to County J (S. Wright Road) for the SARA
Investments project.
City Manager’s Recommendation
The City Manager supports adoption of this resolution.
Suggested Motion
I move to approve Resolution No. 2010- 721 authorizing the City Manager to enter into a
Memorandum of Understanding with Rock County regarding access to the SARA
Investments project onto County J (S. Wright Road).
Background
In 2009, a traffic study was completed in order to facilitate construction of the new Dean/St.
Mary’s hospital and clinic located east of I-39/90 and south of STH 11 (E. Racine Street).
Part of that study included the review of a secondary access connection to the health care
facility from County Highway J (S. Wright Road). The access onto County J is under the
jurisdictional control Rock County and therefore securing an access permit from the County
was necessary. The City and County entered into an MOU to establish the access point
and ensure that certain traffic improvements as recommended by the traffic study were
implemented. Development on the SARA property located directly to the east was not
proposed at that time.
The current proposal involves providing access to the SARA property in a manner similar to
the Dean/St. Mary’s connection to S. Wright Road. The traffic study was modified to
incorporate the number of trips generated from future development on the SARA property
and its impact on the roadway and access drives. The traffic analysis recommends the
installation of designated turn lanes on S. Wright Road to accommodate projected
development from both the Dean/St. Mary’s and SARA Investment projects. Those
improvements attributable to the SARA development proposal will be assessed to the
developer prior to installation.
In order to allow access onto County Highway 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 at the intersection of CTH J and the
proposed development’s new access drive.
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gives Rock County the right to require the City to conduct additional traffic studies
if future development on the SARA property results in increased traffic and
turning movements at the access point occurs beyond the design capacity.
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requires the City to install additional traffic improvements to address increased
traffic resulting from the SARA development and allows the City to assess those
traffic improvements to others.
The subject property adjoins STH 11 where direct access to that roadway is prohibited by
the Wisconsin DOT. As a result, access along County Highway J is required in order for
the site to be developed. Staff has prepared the attached MOU which has been approved
the Rock County Board. 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 SARA
property, future traffic improvements may be necessary but are not expected at this access
drive location.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2010-721
A resolution authorizing the City Manager to enter into a Memorandum of
Understanding with Rock County for a Direct Access Permit on County Highway J
(S. Wright Road).
SARA
WHEREAS, SARA Real Estate LLC (hereinafter ) owns certain real property located
at the southeast corner of STH 11(E. Racine Street) and County Highway J (S. Wright
Subject Property
Road), legally described in Attachment A hereto (hereinafter the ); and
SARA
WHEREAS, desires to develop a portion of the subject property with an office
related use and incrementally develop their remaining property with office and commercial
Development
uses in the future (herein after ) and further desire to obtain a direct 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
SARA
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 SARA 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 hereby
RESOLUTION 2010-721
PAGE 2
authorized 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,
agreements, and forms, to take such other actions, and to make such minor amendments
and changes to the MOU as the City Manager, from time to time and at any time, may
decide to be necessary and/or desirable to effectuate the MOU and/or 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
06/29/2010
MEMORANDUM OF UNDERSTANDING (MOU)
By and Between
The City of Janesville (GRANTEE, CITY)
And
The County of Rock (GRANTOR, COUNTY)
Permitting SARA Direct Access onto County Highway J in Janesville, Wisconsin
SARA Investment Real Estate LLC (SARA) is developing a property located in the City of
Janesville. SARA desires direct access to County Highway J (S. Wright Road) from this site and
project.
SARA
WHEREAS, SARA Investment Real Estate LLC (hereinafter ) owns certain real property
City
located in the City of Janesville, County of Rock, State of Wisconsin (hereinafter ),
constituting approximately seven (7) acres located at the southeast quadrant of the STH 11 (E.
Racine Street) and County Highway J (S. Wright Road), legally described in Exhibit A hereto
Subject Property
(hereinafter the ) which description is reiterated and incorporated herein as if
fully set forth verbatim; and
SARA
WHEREAS, desires to develop a one acre portion of their property now with an office
related use and incrementally develop their remaining property with office and commercial uses
Development
in the future (herein after ); and further desire to obtain a direct access connection
DevelopmentSubject Property
for and from the and from and onto County Highway J (S.
Wright Road) at a specific location as designated and set forth in Exhibit A hereto (hereinafter
Access Point
the ); and
County)
WHEREAS, the County of Rock (hereinafter owns and controls County Highway J (S.
Access Point
Wright Road) at the ; and
CountySubject Property
WHEREAS, the must grant and issue a permit before the and
DevelopmentAccess
can lawfully have direct access from and onto County Highway J at the
Point
; and
SARACounty
WHEREAS, has requested from the permission for direct access from and onto
Development Subject Property from and
the andonto County Highway J (S. Wright Road) at
Access Point
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
06/029/10
Access Point
WHEREAS, once the said permit is granted and issued, modifications must be
Development
made to County Highway J at the new access drive for the to protect the safety of
the traveling public; and
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 Highway J
Development’s
and the new access drive; and
CountyCity
WHEREAS, the is further requiring that in order to grant the access permit, the and
County
the must enter into this Memorandum of Understanding (MOU) which sets forth and
specifies certain binding terms and conditions associated with the improvement and maintenance
Access PointCounty
of the , as required by the ; and
SARA
WHEREAS, has agreed to pay for a traffic study based upon an assumed level of
development and associated trip generation and for all of the necessary traffic improvements
City
recommended by that study including, but not limited to, those that will be installed by the ,
Development
in order to address 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
Subject
studies and improvements if the traffic generated by actual improvement of the
PropertyDevelopment
and/or exceeds that base level assumed in the initial traffic study; and
th
City,
WHEREAS, the Common Council of the on Monday, the 9 day of August, 2010, found
Development
that facilitating and improving an access point onto County Highway J for the and
Subject Property
is in the best interest of the public and benefit of the community by approving
File Resolution No. 2010-721A Resolution Authorizing the City
and adopting Janesville ,
Manager to Enter into a Memorandum of Understanding with Rock County for a Direct
Access Permit for the SARA Investment Property;
and
Now, therefore, the County City
and thehereby acknowledge and understand the following
Access Point
conditions for granting said permit, and for good and valuable consideration, the
County City
receipt and sufficiency of which are hereby acknowledged, the 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.
Access Point
2. To ensure that the public safety is facilitated at the for the access drive into
DevelopmentSubject PropertyCityCounty
and from the and , the and the 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
06/29/10
Attachment is reiterated and incorporated herein by reference as if fully set forth
verbatim.
5. The design and construction of the intersection of this access drive onto County J shall be
City
the responsibility of the and constructed as approved by the Rock County Public
Works Director.
County City
6. The reserves the right to require the to conduct additional traffic studies by
CityCity’s
a qualified traffic engineering firm chosen by , at cost, for consideration of
Subject Property
access improvements in the event that development on the and/or
Development
results in trip generations in excess of the base amount assumed in the
initial traffic study.
City
7. The will be responsible for all expenses and costs associated with modifications
Development
and/or improvements for the access onto County Highway J.
City
8. Nothing in this agreement referencing costs that could be or will be incurred by the
City’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.
CountyCity
10. The MOU supersedes any other previous understanding between the and .
11. Rock County will continue to provide all other standard maintenance for County
Access Point
Highway J upon completion of said improvement for unless otherwise
CountyCity
negotiated and agreed to by the and the .
CountyCity
12. The MOU is null and void if the and agree to a jurisdictional transfer and
County
theno longer has access right authority for County Highway J (S. Wright Road).
13. 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 ____________,
2010.
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. 2010-721 agrees to the obligation under this MOU