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1b. TH 41 Trail & Pedestrian Underpass CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227,1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952,227,1400 Fax: 952,227.1404 Planning & Natural Resources Phone: 952,227,1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227,1300 Fax: 952,227,1310 Senior Center Phone: 952.227.1125 Fax: 952,227,1110 Web Site WNW, ci. chanhassen, m n. us 1-6 MEMORANDUM TO: Todd Gerhardt, City Manager d( Todd Hoffman, Park & Recreation Director "1N O~ May 10,2010 FROM: DATE: SUBJ: Approve Memorandum of Understanding with Carver County for TH 41 Trail and Pedestrian Underpass. PROPOSED MOTION "The City Council approves the Memorandum of Understanding with Carver County for the construction of the TH 41 Trail and Pedestrian Underpass." Approval requires a simple majority vote of the City Council. BACKGROUND On July 9,2007, the City Council approved the attached letter and resolution of support for Carver County's application for transportation enhancement (TE) funds for Trunk Highway (TH) 41 Bicycle and Pedestrian Underpass and Trails. In 2007, the anticipated total project cost was $1.25 million, or $1 million in federal funds with the remaining $250,000 split as a local share between the city and county. The projected project cost is now set at $1.8 million with $400,000 being invested each by the city and county. It is important to bear in mind that this new estimate is based upon up-to-date information, but remains a pre-design cost estimate. Anticipated costs may go up or down based upon the final design and the bidding climate encountered at the time of construction. The city's 2010 Park and Trail Acquisition and Development Capital Improvement Program includes the $400,000 currently anticipated as the "city share" investment. We have also communicated to the county that we are interested in recommending to the city council that two components (100% city- funded) be added to the overall project. These two components include extending the northern trail terminus 500 feet from the Minnetonka Middle School West driveway to Chaska Road and including a stairway or trail connection from Highcrest Meadows to the pedestrian underpass. The city's Park and Trail Acquisition and Development Capital Improvement Program includes $100,000 designated for the stairway or trail connection. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Mr. Todd Gerhardt May 10, 2010 Page 2 Staff and our legal counsel have reviewed the Memorandum of Understanding (MOU) and support its content. DISCUSSION Consistent with the Lake Minnewashta Regional Park Master Plan and the City of Chanhassen's Trail System Plan, the county and city are planning for the construction of a pedestrian underpass and 2 miles of trail. Preliminary design and engineering are underway for these improvements. Carver County will lead the project with support from the city. The planned pedestrian underpass will cross underneath Highway 41 into Lake Minnewashta Regional Park. Two sections of asphalt pedestrian trail totaling approximately one mile each are planned. One trail section will parallel Highway 41 connecting Longacres Drive to Chaska Road. The second trail section will connect the planned trail on the east side of TH 41 to the regional park at a point south of the main park entrance drive and lead to the main swimming beach within the park. Planning and engineering for this project is slated for 2010 with construction proposed for 2011. A neighborhood meeting for the project has been tentatively scheduled for Thursday, June 3 from 5-8 p.m. at Minnetonka Middle School West. This meeting will further introduce the project to the community, allow for additional resident input, and provide time for staff and project consultants to answer questions. ATTACHMENTS 1. MOU Between City and County 2. Letter of Support dated July 12,2007 3. Resolution of Support 4. City CIP Sheet Trail Grant Match 5. City CIP Sheet Pedestrian Stairway 6. Location Map g:\park\th\th 41 underpass\may 10 cc report.doc Memorandum of Understanding between City of Chanhassen and County of Carver For TH 41 Trail and Underpass THIS MEMORANDUM OF UNDERSTANDING is made and entered into this _ day of , 2009, by and between the City of Chanhassen, a municipal corporation under the laws of the Minnesota ("Chanhassen"); and the County of Carver, a political subdivision of the State of Minnesota ("Carver County") WHEREAS, Chanhassen and Carver County wish to construct trails and a underpass along or within the Trunk Highway (TH) 41 and Ches Mar Drive rights-of-way, and within Lake Minnewashta Regional Park as generally depicted in Exhibit A (hereinafter referred to as "improvements"); and, WHEREAS, Carver County applied for and has been selected to receive federal funds to construct these improvements in 2011; and, WHEREAS, design, right-of-way acquisition, construction and maintenance of these improvements will be governed by a separate Joint Powers Agreement between Carver County and the City of Chanhassen; and, WHEREAS, as a prelude to the Joint Powers agreement,Chanhassen and Carver County wish to enter into a Memorandum of Understanding to outline the responsibilities of each party; and, WHEREAS, the parties agree that the Joint Powers Agreement will be generally consistent with the terms of this Memorandum of Understanding; NOW THEREFORE, the parties agree as follows: A. Carver County will be the lead agency in right-of-way and easement acquisition, design, contract administration and construct the improvements. The alignment of the trail is from Longacres Drive to Minnetonka Middle School West and from TH 41 to the Lake Minnewashta Park beach area as shown in Exhibit A. B. In order to share the Federal Funding of the project in an equitable manner, Federal funds will be applied to the project in the following manner a. Box Culvert 80% Federal Funds, 10 % Carver County, 10 % City of Chanhassen C. The Remaining balance of Federal Funds split based on project cost for trail construction outside of the park boundary as compared to construction cost for the trail inside the park boundary. Chanhassen and Carver County will share in the cost of the local share of construction costs of the improvements. Carver County will apply Parks and Trails funding toward the construction of the trail within the park boundary as the local match to Federal Funding. These funds are not eligible for use for items not identified in the park master plan. Chanhassen will apply City funds towards the construction of trail along TH 41 as a local match to Federal Funding. D. Chanhassen and Carver County will share equally (SO/50) in the cost of design. Page 2 of 3 MOU for Trails and Under Pass City of Chanhassen and County of Carver E. Chanhassen will acquire (pay for) any right of way for trail along the eastern side ofTH 41 F. Carver County will acquire (pay for) any right of way for trail west ofTH 41 G. Chanhassen and Carver County will share equally (50/50) in the cost of wetland mitigation not covered by Federal Funds and permitting ofthe improvements. H. Chanhassen and Carver County will share equally (50/50) in the cost of adjustment, relocation or construction of private utilities (power, telephone, gas, etc.) and the design and property acquisition thereof not covered by Federal Funds. I. Chanhassen will be responsible for one hundred percent (100%) of the adjustment, relocation, or construction of municipal utilities (water, sewer, etc.) and the design and property acquisition thereof. 1. Ifnecessary, Chanhassen and Carver County will share equally (50/50) in the cost to negotiate property acquisition and design of a bypass to maintain traffic on TH 41 during construction, additional survey for record drawings, and any expenses for permits and agreements with the Minnesota Department of Transportation (MnDOT). K. Within and outside of the easterly right-of-way ofTH 41, excluding the box culvert, Chanhassen will assume jurisdiction and maintenance of the trail between Longacres Drive and Minnetonka Middle School West. L. Within and outside of the westerly right-of-way of TH 41, Carver County will assume jurisdiction and maintenance of the underpass and trail going west into Lake Minnewashta Regional Park. M. Chanhassen and Carver County will share equally (50/50) in any capital repair, replacement, or future capital improvement costs of the underpass structure. N. This Memorandum of Understanding is an expression of intention and does not create a legally binding obligation upon either party. This Non-Binding Memorandum of Understanding is a guide to the preparation of a Joint Powers Agreement between the parties. City of Chanhassen, Minnesota Approved As To Form: Mayor, City of Chanhassen Date: City Attorney Date: County of Carver, Minnesota Attest: City Administrator Date: Chair, County Board of Commissioners Date: Attest: c:\documents and settings\toddh\local settings\temporary internet files\content.outlook\z 1 qjnbOO\chanhassen draft of mou 4-19-10 final.doc Page 3 of3 MOU for Trails and Under Pass City of Chanhassen and County of Carver Approved As To Form: County Administrator Date: County Attorney Date: c:\documents and settings\toddh\local settings\temporary internet files\content.outlook\zl qjnbOO\chanhassen draft of mou 4-19- 10 final.doc CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952,227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us July 9,2007 Mr. Roger Gustafson, P.E. County Engineer Carver County Public Works Department 11360 Highway 212 West P.O. Box 300 Cologne, MN 55322-0300 SUBJ: Application for Transportation Enhancement (TE) Funds for the Trunk Highway (TH) 41 Bicycle/Pedestrian Underpass and Associated Trails Dear Roger: The City of Chanhassen has been contacted by Carver County regarding support of the county's application for TE funds for the proposed bicycle/pedestrian underpass beneath TH 41 and associated trails. We understand that the project will provide a box culvert underpass beneath TH 41 linking planned bicycle/pedestrian improvements in Lake Minnewashta Regional Park and along State Highway 41 in the City of Chanhassen. On behalf of the city council, this letter and the attached resolution are to serve as the community's support of Carver County's application. Todd Gerhardt City Manager TG:k Enclosure Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow CITY OF CHANHASSEN CARVER AND HENNIPIN COUNTIES, MINNESOTA DATE: Julv 9. 2007 RESOLUTION NO: 2007-43 MOTION BY: Litsev SECONDED BY: Ernst RESOLUTION IN SUPPORT OF CARVER COUNTY'S APPLICATION FOR TRANSPORTATION ENHANCEMENT (TE) FUNDS FOR TRUNK HIGHWAY (TH) 41 BICYCLEIPEDESTRIAN UNDERPASS AND TRAILS WHEREAS, The City of Chanhassen has been contacted by Carver County regarding support of the county's application for TE funds for the proposed bicycle/pedestrian underpass beneath TH 41. WHEREAS, We understand that the project will provide a box culvert underpass beneath TH 41 linking planned bicycle/pedestrian facilities in Lake Minnewashta Regional Park and the City of Chanhassen. WHEREAS, Pedestrian trails improve the quality of life in a community and work to improve the health and well-being of its residents WHEREAS, The Highway 41 pedestrian trail and underpass to Lake Minnewashta Regional Park are identified as planned improvements in the city's Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council supports the Carver County Application for Transportation Enhancement (TE) Funds for the Trunk Highway (TH) 41 Bicycle/Pedestrian Underpass and trails. Passed and adopted by the Chanhassen City Council this 9th day of July 2007. YES Thomas A. Furlong, Mayor Gerhardt, City Manager NO Furlong Li tsey Ernst Peterson Tjornhom None None Capital Improvement Program City of Chanhassen, MN 2010 thru 2014 Department Park & Trail Improvements Contact Todd Hoffinan Account #1 410-0000-4706 Account #3 Account #4 Type Improvement Useful Life 50 Years Category Park Priority nla Project # PK&T -069 Project Name Hwy 41 Pedestrian Underpass/Trail Grant Match Account #2 Description I Total Project Cost: $400,000 Carver County has applied for a federal grant to provide these improvements. The City originally supported the application by pledging a $125,000 matching contribution. However, project engineering and increased project costs have resulted in the City share of the budget to be re-estimated at $400,000. Justification I A pedestrian underpass to Minnewashta Regional Park is a highly sought after improvement. The project also completes a one mile section of trail adjacent to State Highway 41 identified in the City's Comprehensive Plan. Expenditures Construction 2010 400,000 400,000 2011 2012 2013 2014 Total 400,000 400,000 Total Funding Sources Park Dedication Fund 2010 400,000 400,000 2011 2012 2013 2014 Total 400,000 400,000 Total Budget Impact/Other Maintenance and operations costs. I Capital Improvement Program City of Chanhassen, MN 2010 thru 2014 Department Park & Trail Improvements Contact Todd Hoffman Account #1 410-0000-4706 Account #3 Account #4 Type Improvement Useful Life 50 Years Category Park Priority n/a Project # PK&T-I04 Project Name Highway 41 Pedestrian Stairway Account #2 Description I Total Project Cost: $100,000 Addition of a pedestrian stairway connector between the proposed Highway 41 trail/underpass to Highover Drive and the Highover and Highcrest Meadows neighborhoods. Justification I An outlot was acquired during the platting of Highcrest Meadows to accommodate this future improvement. 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