8a. 101 Turnback: Memo of Understanding with MnDOT.1
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MEMORANDUM
CITY OF Z "'
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
' TO: Don Ashworth, Director of Public Works
FROM: Charles Folch, Director of Public Works
' DATE: June 20, 1996
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Date Submitted to Commission
Date Subm?tted to Council
' SUBJ: Approve Memorandum of Understanding (MOU) between the City of Chanhassen
and MnDOT regarding the Turnback of Trunk Highway 101 - PW356
The first major milestone in the turnback processgfor Trunk Highway 101 is to execute the
Memorandums of Understanding (MOU) between the agencies involved. These MOU's are
considered non - binding, however, they are intended to serve as a notice of impending release to
the agencies considered to be receiving the released roadway and to develop preliminary
consensus on specific issues regarding the turnback. It is anticipated that MnDOT will execute a
total of four (4) agency MOU's associated with the Trunk Highway 101 turnback; one MOU each
with Hennepin, Scott, and Carver Counties and the City of Chanhassen. It is also anticipated that
individual agency MOU's will also be executed between the counties regarding maintenance
responsibilities along portions of the Trunk Highway 101 turnback road alignment.
The Memorandum of Understanding (MOU) between the City of Chanhassen and MnDOT is
necessary from the standpoint of addressing jurisdictional authpdi y and responsibility over the
segments of Great Plaifi' Noulevard and Vest'78th'Stree1VhiXfiave experienced a "pseudo"
jurisdictional exchange with MnDOT following the recent completion of the Trunk Highway 101
North Leg Improvement °Project No. 88 -22B. Since the completion of this projeet, the Trunk
Highway 101 designation was removed from the segment of West 78th Streef from its east
junction with Trunk Highway 101 (near the railroad crossing) to °the west junction with Great
...
Plains Boulevard (near the clock tower) and Great Plains Boulevard from West 78th Street (near
the clock tower) south to Trunk Highway 5 Trunk Highway 101 was redesignated to intersect
with Trunk Highway 5 at Dakota Avenue then ctinue west on a common alignment with Trunk
Highway 5 to Market Boulevard where the Trunk Highway 101 designation then proceeds south
on Market Boulevard.
While this jurisdictional exchange between the City and MnDOT has taken place from a signage
' and maintenance standpoint, the formal paperwork process has never been completed. It is
important that these segments of West 78th Street and Great Plains Boulevard be documented as
having been turned back to the City and not Carver County so that the City may be allowed to
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Don Ashworth
June 20, 1996
Page 2
designate these segments under the Municipal State Aid (MSA) Street System for annual
maintenance and future reconstruction funding. Therefore, the primary intent of the MOU
between the City of Chanhassen and MnDOT is to formally designate that the segment of West
78th Street between Trunk Highway 101 and Great Plains Boulevard and Great Plains Boulevard
between West 78th Street and Trunk Highway 5 be turned back to the City of Chanhassen so that
these roadway segments are eligible for Chanhassen to designate on the Municipal State Aid
Street System.
One other very important aspect of this MOU is on Page 4, Article 4, Subsection 4 regarding
State Trunk Highway funds. This section of the MOU clearly states that MnDOT will be
providing $660,000 in their Cooperative Construction Agreement Program to financially assist the
City of Chanhassen in constructing the extension of West 78th Street from County Road 17 west
to the Lake Ann Park road entrance on the north side of Trunk Highway 5. This $660,000 would
be made available to the City beginning on July 1, 1997 and would assist in financing
approximately two - thirds of the estimated cost to construct the North Frontage Road Project.
Once all of the MOU's between MnDOT and Hennepin, Scott, and Carver Counties and the City
of Chanhassen are completed, MnDOT will then proceed with drafting the formal Jurisdictional
Turnback Agreement for Trunk Highway 101. While the MOU's are considered non - binding,
their purpose is important in developing and defining preliminary consensus on specific issues
regarding the impending turnback. The MOU between the City of Chanhassen and MnDOT only
pertains to those segments of Great Plains Boulevard and West 78th Street as referenced above.
This MOU is considered a financial benefit to the City of Chanhassen from a Municipal State Aid
funding standpoint for the referenced segments of West 78th Street and Great Plains Boulevard
and for the financing of a significant portion of the proposed North Frontage Road construction
to Lake Ann Park.
It is recommended that this Memorandum of Understanding between the City of Chanhassen and
the Minnesota Department of Transportation for the impending turnback of Trunk Highway 101
be approved.
jms
Attachment: Trunk Highway 101 Turnback MOU
c: Dave Hempel, Assistant City Engineer
Bob Brown, MnDOT
Roger Gustafson, Carver County
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STATE OF MINNESOTA
METRO DIVISION
DEPARTMENT OF TRANSPORTATION
MEMORANDUM OF UNDERSTANDING
Memorandum of Understanding between:
The State of Minnesota
Department of Transportation, and
RE: Change of jurisdictions of roadways
located in Carver County and
associated designations
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This Memorandum of Understanding is made by and between the
State of Minnesota, Department of Transportation, hereinafter referred to
as the "State" and the City of Chanhassen, Carver County, Minnesota,
acting by and through its City Council, hereinafter referred to as the
°City°
WHEREAS, the Counties in the Metropolitan Area and the State
concur that in the interest of bringing decision making for routes of specific
functional classification into the appropriate levels of government, it is
necessary to change jurisdiction of certain routes;
Therefore, it is the intent of the State, the Counties and the City to
work toward the following objectives:
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Article I - Nonbinding Memorandum of Understanding
1. This Memorandum of Understanding (hereinafter "MOU ") is not a
binding agreement and that any binding obligation of the parties to this
MOU will be made pursuant to written and properly executed and
approved agreements.
2. This MOU is intended to be the Notice of Pending Release to the
party who will receive the released roadway.
Article II - Definitions
1. Definitions used in this MOU shall mean the following:
Receiving authority - The political subdivision which receives
jurisdiction as a result of jurisdiction transfer.
Transferring authority - The political subdivision which has
jurisdiction prior to jurisdiction transfer.
Route -miles - The distance as measured along the existing
roadway, between termini, rounded to the nearest 1 /100 of a
mile.
Article III - Introduction of Legislation
Implementation of jurisdictional transfer as listed in this MOU
requires approval of enabling legislation by the State Legislature and other
binding agreements between the parties. The State will prepare and
introduce appropriate legislation with notification to the City no less than
two (2) weeks prior to the introduction to the Legislature.
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Article IV - Basis for Determining Compensation
If enabling legislation is obtained, the State and City intend to
The party receiving subject roadways as anticipated in this MOU (receiving
execute jurisdictional transfer incorporating the concepts set forth herein.
authority) will be compensated for each change of jurisdiction as follows:
1. It is anticipated that all project funds allocated in the improvement
programs transferring authority that relate to the subject roadways
described in this MOU, will transfer to the receiving authority in the year
designated in the transferring authority's improvement program. Project
funds will include estimated construction funds. Project funds that are
transferred must be used on the transferred route; any interest accrued on
such funds must be used on roadways under jurisdiction of the receiving
authority. Note: At this time, no such projects are anticipated.
2. The parties anticipate that Municipal State Aid Turnback Account
funds may be utilized by the City for improvements to subject roadways
transferred to the city resulting from this MOU in accordance with
Minnesota Rules 8820 in effect on the date of the jurisdictional transfer,
and Screening Board Resolution Re: Trunk Highway Turnback - October
1967 (latest revision June 1989). Additionally, if the City receives project
funds under Article IVA turnback construction funds will be reduced by an
equal amount; funds received under Article IV.4 are exempt from this.
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3. Municipal State Aid System funds may be utilized by the City for I
subject roadways transferred to the City under agreements resulting from I
this MOU in accordance with Minnesota Rules Part 8820 in effect on the
jurisdictional transfer, and Screening '
date of the lurisd g Board Resolution Re:
Trunk Highway Turnback - October 1967 (latest revision, June 1989). '
4. It is anticipated that State Trunk Highway funds will be made '
available to the City at the beginning of State fund year 1997, in the sum
of $660,000, for a Cooperative Construction Agreement Project that will '
improve the access to Lake Ann Park by constructing a frontage road on '
the north side of TH 5 in the City of Chanhassen.
5. It is anticipated that the receiving authority will prepare studies, '
proposals, plans, right of way acquisition, and generally conduct the work '
of developing projects on subject routes, at no cost to the transferring '
authority. An agreement with Carver County should be pursued by the
receiving authority to determine who will be the lead agency for planned '
projects and how the work will be divided between parties. All information '
in the transferring authority's files relating to the subject roadways will be
made available to the receiving authority upon request at no cost to the '
receiving authority. '
Article V - Identification of Routes and Schedule '
The parties intend to execute an agreement relating to the routes
identified herein. Additions of routes other than listed will require approval '
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of the Commissioner of the Department of Transportation, and the City. It
is the intent of the parties to achieve jurisdictional transfer within one (1)
year following passage of enabling legislation.
ROUTE:
Undesignated TH 901B from Market Blvd. crossing TH101 (M.P.
000 +00.60) to MNTH 101 SB crossing (M.P. 001 +00.165).
The above State Route will be conveyed in accordance with Minnesota
Statutes. The above described trunk highway is shown on the map
attached hereto titled Routes Subject to Transfer. State /County /Ci v.
marked Exhibit A, and by this reference made a part hereof.
The State and City intend to agree to the future right of way limits
title for each subject roadway.
at State /County /City intersecting roadways, prior to the transfer of land
Article VI - Infrastructure Management Responsibilities
It is anticipated that all routes included in this MOU will continue to
be included in the transferring authority pavement management system
and, when appropriate, receive program funds for pavement management
until such time as the roadway changes jurisdiction.
All routine maintenance on the subject route covered in this MOU
will be the responsibility of the transferring authority up until the time of
transfer. This includes keeping any routine maintenance agreements with
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municipalities in force also. It is anticipated that where maintenance
agreements exist the receiving party will replace the existing agreements
with their own, so that no lapse in coverage will occur. Nothing in this
MOU is intended to prohibit the State or City from entering into roadway
maintenance agreements, including reimbursement provisions, for any
roadway identified in this MOU.
Article VII - Information and Records Transfer
The transferring authority intends to make the following information and
records available to the receiving authority upon request, to the extent that
they are available, for the route to be transferred.
1. List of active maintenance agreements which will be canceled
with other governmental agencies and utility companies.
2. Utility, drainage, access driveway, sign advertising, and
limited use permits.
3. As -built construction plans, and microfilm records.
4. Bridge inspection reports and ratings.
5. Photo -logs, aerial photos, right of way maps, and parcel files.
6. Inventory data.
7. Pavement condition ratings.
8. History of most recent betterment.
9. Signal files including timing sequence and repair history.
10 Accident reports and statistics, subject to Privacy Act
requirements.
11 The most current traffics counts.
12 Any alignment ties, horizontal and vertical control monuments,
and relative data.
13. All completed and partially completed plans for construction
projects associated with the routes being transferred.
14 Road opening authority documentation and /or right of way
authority.
D
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Article VIII - State Aid Route Designation
The State, through the Commissioner of Transportation, intends to
designate the highway segments described in Article V to be transferred to
the City as a Municipal State Aid Street and intends to approve the
corresponding increase in mileage, in accordance with Minnesota Rules
8820, upon receipt of a resolution requesting such, from the City. This
mileage is not transferable to other routes in the City.
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IN TESTIMONY WHEREOF the parties have executed this memorandum of
understanding by their authorized officers,
DEPARTMENT OF TRANSPORTATION CITY OF CHANHASSEN
ATTEST:
RECOMMENDED FOR APPROVAL:
0
Metro Division Engineer
State Aid Engineer
32
Mayor
Date
By:
City Manager
Date
22
City Attorney
Date
:s
Assistant Commissioner
RECOMMENDED FOR APPROVAL:
By:
City Engineer
APPROVED: Date
By:
Deputy Commissioner of Transportation
Date of Understanding
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EXHIBIT B
Jurisdiction of Traffic Signals Resulting from Transfer of Highways
Between Mn /DOT and the City of Chanhassen
TH 901 B
Location
Mile Point
Ownership
W. 78th St.
13.54
City
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2726
�''� G•� Exhibit A
-}- „ Route Subject to Transfer '
° State/County /City
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