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1i. TH 5 Improvements: Approve ROW Acquisition4 CITY OF CAANHASSEN 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 7901 Park Place Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 MEMORANDUM TO: Todd Gerhardt, City Manager U FROM: Paul Oehme, Director of Public Works /City Engineer f l, DATE: June 27, 2011 ©w SUBJECT: Municipal Consent for Trunk Highway (TH) 5 Improvement Project from TH 41 to Victoria Drive (CSAH 11) Right -of -Way Acquisition — PW067132 PROPOSED MOTION "The City Council is recommended to authorize the following for TH 5 (TH 41 -212) Right -of -Way Acquisition, PW067132: a) Staff to proceed with the temporary and permanent roadway easement acquisitions, and b) The City Attorney to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary easements, and c) The City Attorney to acquire the necessary property interests pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042, and d) The Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. City Council approval requires a simple majority vote of the City Council present." BACKGROUND On June 8, 2009, the City Council approved a resolution for application for a transportation enhancement federal fund grant for a pedestrian underpass of TH 5 at the Minnewashta Parkway intersection. On July 13, 2009, the City Council approved a resolution for an Highway Safety Web Site Improvement Program (HSIP) grant funding application for improvements along www.ci.chanhassen.mn.us TH 5 near Minnewashta. On November 17, 2009, a TH 5 update meeting was held in Victoria with the stakeholder along the corridor to discuss future upgrades to the corridor. Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt TH 5 (TH 41 -212) Improvements Project Right -of -Way Acquisition June 27, 2011 Page 2 On June 22, 2010, a neighborhood meeting was held at Victoria City Hall to discuss the proposed 2012 TH 5 improvements planned for the summer of 2012. On February 14, 2011, staff updated Council at the Work Session on the Municipal Consent process. On February 28, 2011, the City Council called for a public hearing. On April 11, 2011, the City Council held a Municipal Consent Public Hearing for TH 5 Improvement Project from TH 41 to Victoria Drive (CSAH 11). DISCUSSION The HSIP grant was applied for to improve safety on TH 5. Improvements the grant will make on TH 5 include construction of a 8' wide shoulder within the city limits on TH 5, construction of a right turn lane on Minnewashta Parkway to westbound TH 5, removal of the bypass plan on eastbound TH 5 at Minnewashta Parkway and construction of a left turn lane, closing off the access to Lone Cedar Lane and extending the Lone Cedar frontage road to remove the direct access private drive on TH 5. These improvements will also help set up the Minnewashta Parkway intersection for a future traffic signal when it is warranted. As part of the HSIP grant funding, the City is responsible for obtaining all necessary easements for these improvements. Easements are necessary to construct the frontage road of Lone Cedar Lane. For the Lone Cedar Lane frontage road improvements, a small permanent roadway easement near the Lone Cedar Lane and TH 5 intersection and strip temporary easements are necessary. v'&ETRESTA , 7 :•EN.ro t'ni.h'.y •� hne � '�,. �::�:�.. �t�',�s� �,•..;� �' �r' tom. "::, �t�: ",,.' ,� PROJECT �',.. LOCATION, h ;?a,Cecor ro(h4 - Appraisals have been obtained to determine the cost for the easements. MnDot and City staff have met with the four properties and discussed the improvements. Offer letters have also been sent out. The impacts of the improvements to the affected properties have been minimized to the maximum extent possible. MnDot and City staff have worked on the design of the frontage road to limit the easement needs and tree removal. Copies of the appraisals are available in the Engineering Department. Staff intends to keep working with the property owners to come to terms on acquiring the easements. Staff believes most of the property owners will agree to the easement acquisitions, however if a mutually agreeable easement agreement cannot be reached, staff would like to reserve the use of condemnation as a last resort so the TH 5 improvements can move forward. MnDot has stated they need to have the easements by October, 2011 so the project can be bid in January, 2012. If the easements are not obtained in time, the entire TH 5 project could be delayed. g: \eng \pub1ic \pw067b2 th 5 corridor study - 41 to 212 \bkgd 062711 row acquisition.docx Todd Gerhardt TH 5 (TH 41 -212) Improvements Project Right -of -Way Acquisition June 27, 2011 Page 3 SCHEDULE The preliminary schedule is as follows: Bid Opening Start Construction Substantial Completion Attachments: Resolution CIP Sheets Easement Area Location Map January 27, 2012 April, 2012 End of October, 2012 gAeng \pub1ic \pw067b2 th 5 corridor study - 41 to 212 \bkgd 062711 row acquisition. docx CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTY, MINNESOTA DATE: June 27, 2011 RESOLUTION NO: 2011- MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES FOR TH 5 IMPROVEMENT PROJECT FROM TH 41 TO VICTORIA DRIVE (CSAH 11) — PW062132 WHEREAS, the City Council of the City of Chanhassen does hereby determine that it is necessary and for a public use and purpose to acquire easements over the property identified on the attached Exhibit "A ", subject to engineering modifications, if any, for purposes in connection with the Lone Cedar Improvement Project; and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary easements; and WHEREAS, the City Council finds that the construction timing makes it necessary to acquire title to, and possession of, the easements as soon as possible in order for the project to proceed in an efficient, cost effective and expeditious manner; NOW, THEREFORE, be it resolved by the City Council of the City of Chanhassen, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary easements over the property identified on the attached Exhibit "A ", subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interest pursuant to the "quick take" provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and the City Manager are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4. The City has obtained appraisals of the property being acquired. The Council hereby authorizes the City Manager to approve the appraisals and staff to continue negotiations with the property owners relating to the acquisition of the easements. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT EXHIBIT "A" Parcel 208B Gauer Parcel 208C Ekstrum/Burdick Parcel 208D Sorenson Outlot A, Gauer Addition Lot 2, Block 1, Gauer Addition Lot 3, Block 1, Cedar Crest Parcel 208F Abbariao Lot 2, Block 1, Cedar Crest Capital Improvement Program 2011 thru 2015 City of Chanhassen, MN Project # ST -025 Project Name TH5 Improvements - TH41 to Downtown Victoria Account #1 Account #2 Account #3 Account #4 Department Street Improvements Contact Paul Ochme Type Improvement Useful Life Category Streets/Highways Priority n/a Total Project Cost: $9,029,000 MOT is planning to resurface and make improvements to TH5 west of.TH41 in 2011. These improvements include resurfacing, shoulder mprovements, turn lane improvements and intersection improvements at Minnewashta Parkway. The City will be responsible for a small portion )f the project as it relates to local access and trail and underpass improvements. The City'applied for federal funding for trail and underpass mprovements along with safety improvements at Minnewashta Parkway. The trail underpass local share is estimated at $275,000. It is anticipated he Landscape Arboretum, City of Victoria and Carver County Parks will help pay for the local share. Justification Co improve safety and mobility along the corridor. Expenditures 2011 2012 2013 2014 2015 Total Construction 9,029,000 9,029,000 Total 9,029,000 9,029,000 Funding Sources 2011 2012 2013 2014 2015 Total Other Agency Contribution 8,829,000 8,829,000 Park Dedication Fund 80,000 80,000 Street Pavement Management 120,000 120,000 Total 910291900 9,029,000 110 1 E v N M 00 01 O N N V c CD z MAINTAIN GATED . ACCESS Xk kkkk \�- N' RIGHT —OF —WAY p . n. E Y LEGEND xxxxxx CLOSED ACCESS BITUMINOUS TRAIL ® STRIPED MEDIAN �1 OF PROJECT LIMITS C 1-- 11 1n ���� l rnT � 8' PAVED SHOULDER 1 � `< 1.5' GRAVEL SHOULDER � Kimley -Horn o so ioo zoo EDGE OF ROADWAY ®� ❑ and Associates Inc HORIZONTAL } SCALE IN FEET CITY OF CHANHASSEN HSIP FUNDING APPLICATION TH 5 IMPROVEMENTS PRELIMINARY LAYOUT EXHIBIT 2