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1d-1. TH 101: Approve Resolution for Advancement of Funds0 CITY OF CgAIVHASSEN 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 Web Site www.ci.chanhassen.mn.us MEMORANDUM TO: Todd Gerhardt, City Manager t7' FROM: Paul Oehme, Director of Public Works /City Engineer` DATE: November 13, 2012 s SUBJ: TH 101(Lyman Boulevard to Pioneer Trail) Improvement Project No. 12 -06: Approve Resolution for Advancement of MSAS Funds PROPOSED MOTION "Approve Resolution for Advancement of MSAS Funds." City Council approval requires a simple majority vote of the City Council present. BACKGROUND In 2010, the City was awarded Federal STP funds to make improvements to this section of TH 101. The Federal funds however do not cover all the construction costs nor does it pay for the indirect costs such as design and construction administration. Since this is currently a State of Minnesota trunk highway which will be jurisdictionally transferred to Carver County once the improvements are made, the State is planning to pay for the majority of the project costs the Federal funds do not cover through the State Turnback account. However, MnDOT does not have turnback funds available in 2013 when the project is planned to be constructed to cover their financial obligation to the project. The plan is to advance Municipal State Aid funds through the City's Municipal State Aid account and MnDOT will pay the advanced funds back to the Municipal State Aid account in 2016 when turnback funds are programmed to be available. This advancement will not impact the City's ability to advance its Municipal State Aid funds for other projects in the future. To minimize the risk to the City if turnback funds are not available in future years, MnDOT Metro District has agreed to repay the balance of the advancement with its District funds. Attachment: Resolution Chanhassen is a Community for Life - Providing forToday and Planning for Tomorrow CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA DATE: November 13, 2012 RESOLUTION NO: 2012- MOTION BY: SECONDED BY: A RESOLUTION FOR ADVANCEMENT OF MSAS FUNDS FOR THE HIGHWAY 101 (LYMAN BOULEVARD TO PIONEER TRAIL) IMPROVEMENT PROJECT NO. 12 -06 WHEREAS, the City of Chanhassen is planning to implement Municipal State Aid Street Project 194 - 010 -011 in 2013 that will require State Aid funds in excess of those available in its State Aid Construction Account, and in the Flexible Highway Account (Municipal Turnback Account); and WHEREAS, City of Chanhassen is prepared to proceed with the construction of Project 194 - 010 -011 through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and in the Flexible Highway Account (Municipal Turnback Account); and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of date 10/30/12 $ -0- Total Estimated Disbursements (194- 010 -011) $ 3,000,000 Advance Amount (amount in excess of acct balance) $ (3,000,000) WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b; and WHEREAS, City of Chanhassen acknowledges advance funds are released on a first - come- first -serve basis and this resolution does not guarantee the availability of funds; and WHEREAS, based on current statutes, appropriation practices, and funding levels, Municipal Turnback Account funds are expected to be available in 2016 to repay an advance from Municipal State Aid Street Fund; and WHEREAS, Minnesota Department of Transportation's Metropolitan District has agreed, by the attached letter from Scott McBride, MNDOT Metropolitan District Engineer, to Julie Skallman, State Aid Engineer, dated October 10, 2012, to repay the advance with district funds if the Municipal Turnback Account does not receive appropriations sufficient to repay the advance. NOW, THEREFORE, BE IT RESOLVED by the Chanhassen City Council that the Commissioner of Transportation is hereby requested to approve this advance for financing approved City of Chanhassen Municipal State Aid Street Project 194- 010 -011 in an amount up to $3,000,000.00 to be repaid by the Municipal Turnback Account 91DM in 2016. The Commissioner of Transportation hereby authorizes repayments from subsequent accruals to Chanhassen's Municipal State Aid Street Construction Account from future year allocations until fully repaid should the Municipal Turnback Account not receive appropriations sufficient to repay the advance, and should Minnesota Department of Transportation's Metropolitan District fail to repay the advance. Passed and adopted by the Chanhassen City Council this 13'' day of November, 2012. ATTEST: Todd Gerhardt, City Manager Thomas A. Furlong, Mayor YES NO ABSENT 0 Minnesota Depart of Transportation Metropolitan District Waters Edge 1500 West County Road .132 Roseville, MN 5511.3 October 30, 2012 Julie Skaliman State Aid Engineer State Aid for Local Transpotation Division Transportation Building 395 John Ireland Blvd Saint Paul, MN 55155 Dear Julie Skallman: RE: MSAS Advance Repayment SP 194 -010 -011, 1009 -22 Minnesota Highway 101 City of Chanhassen City of Chanhassen intends to request an advance of funds from the Municipal State Aid Street Fund for State Project 194 -010 -011, a local federal project on Minnesota Highway 101. The city is leading this project which will result in a transfer of roadway jurisdiction to Carver County. The limits of the construction project and transfer are from Lyman Boulevard to Pioneer Trail. In lieu of the availability of all funds needed for construction of the project in 2013, the city will request a municipal fund advance of up to $3,000,000. Repayment of funds advanced to the city is planned for year 2016 from future allocations to the Municipal Turnback Account (MTB). Funds sufficient to repay the total advance amount are included in Metro District's 2016 tumback funding program. Metro District State Aid Office will request allocation of the funds to the MTB account through State Aid for Local Transportation division for inclusion in the commissioner's recommendations to the governor's fiscal year 2016 -2017 biennial budget. Attached is a description and schedule for request and repayment of the funds from the Flexible Highway Account to the MTB. If, for any reason, sufficient funds are not allocated to the Municipal Turnback Account to repay the advance, Metro District will repay the balance of the advance with its district funds. District Engineer C: Paul Oehme, Public Works Director /City Engineer, City of Chanhassen Rick Nonaas, Assistant State Aid Engineer, SALT