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1g. TH 101 Memorandum of Understanding with Carver County.r L L J MEMORANDUM I CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 TO: Don Ashworth, City Manager FROM: Charles Folch, Director of Public Works DATE: October 24, 1996 Action by City Endorsed___.---- --•- - — fAodifed Da M- ^ ° Date Submitted to commission DO Submitted to Council 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 r 1 October 24, 1996. ' ktm Attachment: Memorandum of Understanding g:\eng\char1es\ mou. doe L. r 7 ' The other item to note is that Carver Count will purchase from the City, through the Count Y P Y g Y State -Aid turnback account, all right -of -way necessary for Trunk Highway 101 that the City acquires in advance of the official turnback agreement or jurisdictional transfer of Trunk Highway ' 101, (>.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:\eng\char1es\ mou. doe L. r 7 I FF-TY-1 7HF't,:!EF' CF-11-67r' F'HOHE 1J0. Oct. ?4 1'- O1'D:14AM F12 ' MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) Initiative ' to Transfer Jurisdiction of TH 101 to Carver County 1 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, THEREPORE, 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. FFFIM i:H !EP 1=01JITr' PHLINE PdU. Oct. 24 19'96 09: 15AM F_ B. The City being the initiator for TH 101 corridor improvement within the City and projects 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. ' D. 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 101 located in the County to a reconstruction status that would assure County State Aid Turnback Account funding for the project. ' E. If 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 County of the 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 WHEREOF the parties have executed this Memorandum of Understanding (MOU) by their authorized officials. ' Clty of Chanhassen CountV of Carver ' By: By . Mayor of the City Chair of the County Soard Date Date 8y: By: City Manager County Administrator ' Date Date ' Approved as to Execution: Approved as to Execution: ' City Attorney County ty Date Date 1