1. Hwy 101 Memorandum of Understanding.CITY OF 1
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Charles Folch, Director of Public Works
DATE: October 24, 1996
Action by City Adminstr
Endorsed_._---- - ---
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SUBJ: Approve Trunk Highway 101 Jurisdictional Turnback Memorandum of
Understanding (MOU) between the City of Chanhassen and Carver County
File No. PW -356A
Earlier this fall the City 'Council approved the Memorandum of Understanding between MnDOT
and the City of Chanhassen regarding the proposed Trunk Highway 101 jurisdictional turnback.
As mentioned previously, there are the half -dozen or so interagency MOUs between the agencies
involved, i.e. MnDOT, Hennepin County, Carver County, Scott County, City of Chanhassen. The
City of Chanhassen is involved in only two of the MOUs, that being the one with MnDOT and the
other with Carver County.
Attached is the MOU between the City of Chanhassen and Carver County regarding the Trunk
Highway 101 turnback. The primary purpose for this MOU is to confirm the jurisdictional
authority and identify agency responsibilities regarding the turnback roadway segment. It is
Carver County's intent to have the segment of Trunk Highway 101 between Trunk Highway 5
and Trunk Highway 212 reconstructed over the next 10 -year period through MnDOT County
State -Aid turnback funding. In an effort to ensure joint agency cooperation, the County is
requesting that the City function as the lead agency for these future road improvement projects;
i.e. preparing plans, environmental studies and administrating the construction contract. Carver
County would still be responsible for soliciting the necessary project funding from the County
State -Aid turnback account.
There are two other noteworthy items with this MOU. The first is the County's intent to transfer
jurisdictional authority of Galpin Boulevard /County Road 117 (north of Trunk Highway 5) to the
City sometime on or before the year 2005. Apparently this roadway segment no longer functions
or fits the criteria of Carver County's overall transportation system. In response, the City has
indicated that TIF dollars will be needed the City to improve this road to an urban section if it is
not prior improved by Carver County.
Don Ashworth
TH 101 Jurisdictional Turnback MOU
October 24, 1996
Page 2
The other item to note is that Carver County will purchase from the City, through the County
State -Aid turnback account, all right -of -way necessary for Trunk Highway 101 that the City
acquires in advance of the official tumback agreement or jurisdictional transfer of Trunk Highway
101, (i.e. the Klein property and potentially the Jessberg property near Lake Susan) so long as
they meet the State -Aid eligibility criteria.
It is my understanding from discussions with Carver County Engineer Roger Gustafson that this
document was presented to the Carver County Board for preliminary discussion this past Tuesday
and found to be favorable. Therefore, this MOU will be scheduled as a regular item for approval
at the next upcoming County Board meeting.
It is therefore recommended that the City Council approve the MOU between the City of
Chanhassen and Carver County regarding the jurisdictional transfer of Trunk Highway 101 dated
October 24, 1996.
ktm
Attachment: Memorandum of Understanding
g.�cn&ha Ies1cc\101mou.doc
FROM CARVER COUNTY PHONE NO. Oct. 24 1996 09:14AM P2
MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT)
Initiative
to
Transfer Jurisdiction of TH 101
to
Carver County
MEMORANDUM OF UNDERSTANDING
BETWEEN
CARVER COUNTY AND THE CITY OF CHANHASSEN
This Memorandum of Understanding is made by and between the County of Carver, Minnesota, acting by
and through its Board of Commissioners, hereinafter referred to as the "County" and the City of Chanhassen,
Minnesota, acting by and through its City Council, hereinafter referred to as the "City.'
WHEREAS, the County and the State of Minnesota, Department of Transportation, may enter into the
Memorandum of Understanding, attached hereto and made a part hereof, to change the jurisdictional responsibility
for TH 101 in the County from the State of Minnesota to the County, and
WHEREAS, the transfer of TH 101 jurisdictional responsibilities from the State to the County impacts both
the County and the City, and
WHEREAS, it is understood by the County and the City that 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,
NOW, THEREFORE, LET IT BE KNOWN that it is the intent of the County and the City to work toward the
following objectives:
1. The approval and execution of an agreement between the State of Minnesota„ Department of
Transportation, and the County that is consistent with the MOU between the same two parties that
has been made a part of this document.
2 The approval and execution of an agreement between the County and the City that is consistent
with this MOU.
S. The approval and execution of the agreement described by Section 1 hereof is contingent on the
approval and execution of the agreement described by Section 2 hereof, and vice versa.
4, Specific conditions of the agreement between the County and the City relative to the transfer of TH
101 from the State to the County are anticipated to be:
A. The transfer from the County to the City of County Road 117 between TH 5 and the north
boundary of the County by the year 2005 or sooner following the execution of the before
stated TH 101 agreement between the County and the City. It is the City's intent to modify
Tax Increment District No. 1 to fund the improvement of Galpin Boulevard from TH 5 to
Lake Lucy road.
FROM ZARVER COUNTY PHONE NO. Oct. 24 1996 09:15AN P3
B. The City being the initiator for TH 101 corridor improvement projects within the City and
north of TH 5.
C. The City being the initiator and lead agency for TH 101 corridor improvement projects
within the City and south of TH 5.
0. The County having the right to transfer to the City the jurisdictional responsibility for all of
TH 101 located in the County if County State Aid Turnback Account construction dollars
are no longer available to the County for the reconstruction of all or a portion of TH 101
located in the County and if it was beyond the City's power to advance all or a portion of
TH 1 of located in the County to a reconstruction status that would assure County State Aid
Turnback Account funding for the project.
E. It TH 101 is conveyed by the County to the City, the City would add TH 101 to its Municipal
State Aid Street (MSAS) System, or the City would accept all financial obligations of the
County to the State Aid System that may occur as a result of constructing projects within
the defined corridor utilizing State Aid funds.
BE IT FURTHER KNOWN that it is the intent of the County to work toward the following objectives:
1. The approval and execution of an agreement with Scott County for the performance of certain
routine maintenance tasks by Scott. County on that portion of TH 101 between the south boundary
of the County and TH 212.
2. The approval and execution of an agreement with Hennepin County for the performance of certain
routine maintenance tasks by Hennepin County on that portion of TH 101 between TH 5 and the
north boundary of the County.
IN TESTIMONY WHERE=OF the parties have executed this Memorandum of Understanding (MOU) by their
authorized officials.
City of Chanhassen County of Carver
By:
Mayor of the City
Date
By:
City Manager
Date
Approved as to Execution:
City Attorney
Date
By:
Chair of the County Board
Date
By:
County Administrator
Date
Approved as to Execution:
County Attorney
Date