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1e. TH 101 Impr.: Approve ROW Agreement and Appraisal ContractEngineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 PROPOSED MOTION "The City Council approves Right -of -Way Acquisition Agreement with MnDOT and appraisal contract with Patchin Messner & Dodd in the amount of $32,500. The City Council also approves a resolution for this action." City Council approval requires a simple majority vote of the City Council present. Park & Recreation Phone: 952.227.1120 CITY OF Fax: 952.227.1110 MEMORANDUM Recreation Center CHMNSEN 2310 Coulter Boulevard Phone: 952.227.1400 Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) and to complete the Fax: 952.227.1404 TO: Todd Gerhardt, City Manager 7700 Market Boulevard Planning & d ` PO Box 147 FROM: Paul Oehme, Director of Public Works /City Engineer4 Chanhassen, MN 55317 Fax: 952.227.1110 deficiencies including steep grades, sharp curves, and inadequate sight distances DATE: February 27, 2012 61N -} Administration 7901 Park Place The primary goals of the project are as follows: Phone: 952.227.1100 SUBJ: TH 101 Improvements Between Lyman Boulevard and Pioneer Fax: 952.227.1110 Trail: Approve Right -of -Way Agreement with MnDOT and Building Inspections ✓ Add turn lanes to provide safe turning movements at intersections. Appraisal Contract with Patchin Messner & Dodd - City Project Phone: 952.227.1180 No. 12 -06 Fax: 952.227.1190 www.ci.chanhassen.mn.us Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 PROPOSED MOTION "The City Council approves Right -of -Way Acquisition Agreement with MnDOT and appraisal contract with Patchin Messner & Dodd in the amount of $32,500. The City Council also approves a resolution for this action." City Council approval requires a simple majority vote of the City Council present. Park & Recreation Phone: 952.227.1120 BACKGROUND Fax: 952.227.1110 In 2011, staff worked with representatives of MnDOT and Carver County to Recreation Center identify a preferred design for the reconstruction of TH 101 between Lyman 2310 Coulter Boulevard Phone: 952.227.1400 Boulevard (CSAH 18) and Pioneer Trail (CSAH 14) and to complete the Fax: 952.227.1404 Environmental Assessment/Environmental Assessment Worksheet (EA/EAW) along with preliminary design. Planning & atural Resources l Res rce TH 101 is currently a two -lane undivided roadway with a number of safety Phone: Fax: 952.227.1110 deficiencies including steep grades, sharp curves, and inadequate sight distances resulting in blind intersections. TH 101 is proposed to be reconstructed to a four - Public Works lane divided design with pedestrian/bicycle trails along both sides of the roadway. 7901 Park Place The primary goals of the project are as follows: Phone: 952.227.1300 Fax: 952.227.1310 Improve safety for people along the existing TH 101 corridor. ✓ Reduce crashes to the extent possible. Senior Center ✓ Add turn lanes to provide safe turning movements at intersections. Phone: 952.227.1125 Fax: 952.227.1110 v / Improve sight distance by reducing sharp curves and steep grades near intersections. Web Site www.ci.chanhassen.mn.us Improve capacity and connectivity along the TH 101 corridor. ✓ Accommodate regional and local transportation needs of anticipated population and employment growth in the TH 101 corridor by increasing traffic capacity. g:\eng \pub1ic \_2012 projects \12 -06 th 101 (lyman blvd to pioneer trl) improvements \021712 bkgd th 101 appry mndot row contract and prod fee.doc Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow Todd Gerhardt TH 101 Improvements (Lyman to Pioneer): Approve ROW Agreement & Appraisal Contract February 27, 2012 Page 2 Provide transportation solutions that minimize environmental impacts. ✓ Avoid /minimize /mitigate impacts on environmental, social, and cultural resources. ✓ Minimize need for new right of way takings from park, business and residential properties. Acquisition of easements is necessary before construction can start. As part of the preliminary design, easement needs were identified; however these easements will need to be refined during the final design process. TH 101 is currently under the jurisdiction of the Minnesota Department of Transportation. Once the roadway improvements are complete, this section of TH 101 will be jurisdictionally transferred to Carver County. DISCUSSION The Agreement between MnDOT, Carver County and Chanhassen is the City will lead the process to acquire the necessary easements and will be the lead agency for the final design. Funding for the easement needs is from State of Minnesota funds. The City will need to hire an appraiser to determine the present value of the easement areas. Easements needed for the project include roadway, drainage and utility and temporary construction. Once the appraisals are drafted, City staff and the City's attorney's office will then make offers to the property owners for the easements. All expenses the City occurs including city attorney fees are eligible for reimbursement. City staff time however is not eligible for reimbursement. The Right -of -Way Agreement is anticipated to pay for all the easement needs plus most of the design costs. The resolution for this item is included to allow staff and the city attorney's office to pay out easement compensation at the appraised value. If a settlement agreement is necessary, this negotiated agreement will still need to be approved by the City Council. The anticipated general schedule for the project is as follows: Final Design End of 2012 Right- of- Way/Easement Acquisition End of 2012 Construction 2013/2014 It is anticipated a final design agreement with MnDOT and a consultant contract will be included on a City Council agenda in March. Attachments: MnDOT Agreement Patchin Messner & Dodd Appraisal Proposal Easement Exhibit Resolution gAeng \pub1ic \_2012 projects \12 -06 th 101 (lyman blvd to pioneer trl) improvements \021712 bkgd th 101 appry mndot row contract and prod fee.doc AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND MINNESOTA DEPARTMENT OF TRANSPORTATON FOR RIGHT OF WAY ACQUISITION This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ( "State ") and the City of Chanhassen, acting through its City Council ( "City "). Recitals State, City,and County of Carver by Minnesota Department of Transportation Agreement (MnDOT) Agreement No. 97020 have agreed to cooperatively develop final plans for, and perform improvements to, along, and adjacent to Minnesota State Highway No. 101 (MN 10 1) from Lyman Boulevard to Pioneer Trail within the corporate limits of the City of Chanhassen. 2. State Project No. 1009 -22 is a federal aid project planned to be let by City; and City is responsible for preparing construction plans, and for assembling right of way and permits to construct the project. 3. Under MnDOT Agreement No. 97020, City agreed to be the State's and Carver County's agent for procurement of engineering services to develop final project plans. 4. State and Carver County have by MnDOT Agreement No. 97687 agreed upon transfer of jurisdiction of Minnesota State Highway No. 101 (MN 101) from Lyman Boulevard to Pioneer Trail from State to Carver County contingent upon providing improvements described in the contract to be accomplished by State Project No. 1009 -22; and that the roadway will be designated a County State Aid Highway route. 5. Upon completion of the project and transfer of the highway to Carver County, State will have no further obligations or any responsibility for improvement or maintenance of the portion of MN 101 transferred. 6. City is willing to use its resources to acquire construction plans and right of way to accomplish the project. 7. The Minnesota Legislature appropriated $1,900,000 in Flexible Highway Account funds to the Trunk Highway Fund by Laws of Minnesota 2011, 1" Special Session, Chapter 3, Article 1, Transportation Appropriations, Section 3, Subdivision 6 Transfers for highway turnback purposes as provided under Minnesota Statutes, Section 161.081, Subdivision 3. The appropriation was requested to provide funds to accomplish State Project No. 1009 -22 and fulfill requirements to transfer jurisdiction established by MnDOT Agreement No. 97687. 8. Under Minnesota Statutes Section 471.59, Subdivision 1, the State and City may enter into an Agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental unit. Agreement 1. Term of Agreement This Agreement will be effective upon execution and approval by the appropriate City and State officials pursuant to Minnesota law and will remain in effect until all obligations hereunder are performed, or until terminated by Agreement of the parties. 2. Authorized Representative 2.1 State's authorized representative for purposes of administering this Agreement is Cyrus Knutson, 1500 W. Co. Rd. B2, Roseville, MN, 55113, 651- 234 -7769, cyrus.knutsongstate.mn.us or his successor in office. 2.2 City's authorized representative for purposes of administering this Agreement is Paul Oehme, P.E., Public Works Director /City Engineer, 7700 Market Blvd., P.O. Box 147, Chanhassen, MN, 55317 952- 227 -1169, poehmegei.chanhassen.mn.us or his successor in office. 3. State Responsibilities 3.1 Upon execution of this Agreement and receipt of an invoice from the City, the State will pay City $1,900,000 to acquire construction plans and right of way for future County State Aid Highway 101 necessary to accomplish State Project No. 1009 -22. These funds may be applied to: the cost of acquiring the right of way by purchase or condemnation, surveys, title examination, appraisal fees, expert witness fees, attorneys' fees, costs and disbursements, and to acquire construction plans. 3.2 After completion of State Project No. 1009 -22 the State will convey pre- existing Minnesota State Highway No. 101 rights of way to Carver County as part of jurisdictional transfer of the highway by separate Agreement. 4. City Responsibilities 4.1 Subject to the City's right to terminate this Agreement as set forth in Paragraph 7, acquire by purchase or condemnation right of way necessary to accomplish State Project No. 1009 -22. See Exhibit A, Proposed Right of Way Acquisition which is attached and incorporated in to this Agreement for scope of property acquisition. 4.2 The City will perform all acts reasonably necessary to acquire the property, including but not limited to, surveys, appraisals, title investigations and title work, preparing and presenting purchase offers to owners, conducting closings and making payments to owners, and providing relocation assistance and benefits, as required by law. 4.2.1 If it becomes necessary to use eminent domain, the City will be responsible for commencing condemnation proceedings. State will not be named as a party in any condemnation action, nor will the City purport to act "on behalf of the state" in any condemnation action. The City will be solely responsible for condemnation actions. 4.3 After all necessary right of way is acquired, and construction plans are acquired, the City will apply any remaining funds to the construction expenses of State Project No. 1009 -22. 4.4 After completion of State Project No. 1009 -22 and designation of the improved roadway as a County State Aid Highway, the City will convey roadway right of way to Carver County necessary for operation, maintenance, and improvement of the highway as determined by the County. See Exhibit B, Proposed Right of Way Conveyance to Carver County. 5. Liability. Each party is solely responsible for its own acts and omissions and the results thereof to the extent authorized by law. The State's liability is governed by Minnesota Statutes §3.736 and other applicable law. The City's liability is governed by Minnesota Statues Chapter 466 and other applicable law. 6. Audit. Under Minnesota Statutes § 16C.05, Subdivision 5, the books, records, documents and accounting procedures and practices of State and City relevant to this agreement are subject to examination by MnDOT and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 7. Termination. This Agreement may be terminated only by mutual agreement of the parties, except that that City may terminate this Agreement if funds sufficient to carry out this Agreement are not appropriated by the Chanhassen City Council. If this Agreement is terminated due to non - appropriation of funds, the City may use the funds for costs incurred by the City pursuant to this Agreement, as of the date of termination, an amount not to exceed $1,900,000, and all the property, and construction plans acquired with funds provided by Section 3.1 shall be transferred to the State; and all remainder funds shall be returned to the Flexible Highway Account established by MS 161.081, Subd.3. 8. Assignment, Amendments, and Waiver 8.1. Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement without the prior consent of the other party and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 8.2. Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed the original Agreement, or their successor in office. 8.3. Waiver. If a party fails to enforce any provision of this agreement, that failure does not waive the provision or the party's right to enforce it. 9. Data Practices Act. The City and the State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data created and received by a party pursuant to this Agreement. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and 16C.05. Signed: DEPARTMENT OF TRANSPORTATION (With delegated authority) Date: CFMS Contract No. CITY OF CHANHASSEN The undersigned certify that they have lawfully executed this Agreement on behalf of the City as required by applicable charter provisons, resolutions or ordinances. Title: Date: COMMISSIONER OF ADMINISTRATION (With delegated authority) C Date: Title: Date: LIM Title: Date: P ATCHIN VALUATION COUNSELORS September 27, 2011 City of Chanhassen c/o Campbell Knutson, P.A. 1380 Corporate Center Curve Suite 317 Eagan; MN 55121 Attn: Thomas M. Scott, Esq. RE: Valuation Consulting and Appraisal Services Patchin Messner & Dodd 13967 West Preserve Boulevard Burnsville, Minnesota 55337 Dear Mr. Scott: This letter is intended to be a memorandum of understanding concerning the engagement of Patchin Messner & Dodd for the purpose of rendering valuation consultation and/or appraisal services. It is understood by both parties that the nature of the assignment is as follows: Property Identification: Fourteen parcels (1 -7, 10 -11 and 13 -17) affected by the proposed T.H. 101 improvement project in Chanhassen, Minnesota Function of Appraisal: Estimate their fee simple market values, before and after partial acquisitions of right -of -way, drainage and /or temporary construction easements. Requested Data: Parcel sketches, 60% construction plans, legal descriptions and contacts to arrange inspections of the properties Services to be Provided: Prepare market value appraisals in a summary report format in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP). Sunset Pond Executive Offices • 13967 West Preserve Boulevard ■ Burnsville, MN 55337 Phone: (952) 895 -1205 Fax: (952) 895 -1521 Estimated Cost of Services Rendered: Not to exceed $32,500.00 In addition, time after delivery of appraisal reports, if necessary, will be invoiced separately at the following professional hourly fees: Jason Messner Sherri Brumm Associate Appraisers Pre -Trial Preparation /Meetings $200.00 /H r $150.00/H r $85.00 to $100.00/H r. Hearings/ Testimony $275.00/Hr. $225.00/Hr. N/A Delivery Date: We will furnish three copies of each appraisal no later than March 31, 2012, assuming the requested data is provided no later than January 1, 2012. Terms: Total amount due within 30 days following date of invoice, 1 -1/2% per month interest charges will be added to accounts not paid by that time. Retainer Fee - to be paid in advance: None If you have any questions or comments after reading this letter of engagement, please feel free to contact me at your convenience. Respectfully submitted, PATCHIN MESSNER & DODD Jason L. Messner, MAI Authorization to Proceed Client Name: Individual Responsible: Signature: Date Accepted: PATC;HfN MESSNER & DODD / LEGEND . ,_ \ # � ® Proposed r qM O5 Woy Prwosa0 ROW BwnOary _ _ __ O Pro9ose0 Perngneni Easement P _ __ rWOSeO PE 0wnaory Prep's 0 TE BwnOary i Propose0 TanporaryEOSameni — -- EW s in9 flOW I _ ote Cs t,-- — i s Er sting Perm9nani Easement ' I / nrpp ee Constr�c�or O POrca - ry WailaM 0wn9ary 't r \� 3 A W CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA DATE: February 27, 2012 RESOLUTION NO: 2012- MOTION BY: SECONDED BY: RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES 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 the property identified on the attached Exhibit "A ", subject to engineering modifications, if any, for purposes in connection with the Minnesota State Highway No. 101(MN 10 1) from Lyman Boulevard to Pioneer Trail improvement project; and WHEREAS, the City has entered into an Agreement with the Minnesota Department of Transportation for Right of Way acquisition; and WHEREAS, City staff and consultants will work with the property owners to acquire the necessary property; and WHEREAS, the City Council finds that the construction timing makes it necessary to acquire title to, and possession of, the property 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 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 interests pursuant to the "quick take" provisions of Minnesota Statutes § 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 will obtain appraisals of the property being acquired. The Council hereby authorizes the City Manager to approve the appraisals, to negotiate with the property owners relating to the acquisition of the property, and to acquire the property for the appraised values. Passed and adopted by the Chanhassen City Council this 27 day of February, 2012. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT EXHIBIT "A"