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1. TH 101 Review ,. CITY OF CHANHASSEN 690 City Center Drive, PO Box 147 Ganhassen, Minnesota 55317 Phone 612.937.1900 General Fax 612.937.5739 Engineering Fax 612.937.9152 Public Safety Ii" 612.9342524 \¥Í'h ll'll'u',ci,challhmsen.11'ln,l/s MEMORANDUM TO: Don Ashworth, City Manager Charles Folch, Director of Public Works ~ September 23, 1998 1 - Tbe Cit)' ofChallhassen. A groll'ing community with rle,11l1af,.'ô, qual:"f)' schools, a (/Imming downtown, thriving businesses, and beautiful parks, A grell[ pllCf to ¡¡I't', /l'ork, and pltlY. l FROM: DATE: SUBJ: Approve Joint Powers Agreement No. 101-97-01 between Carver County and the City of Chanhassen regarding the Jurisdictional Turnback of Trunk Highway 101 PW356A The rather lengthy and complex process for the jurisdictional transfer of Trunk Highway 101 in Chanhassen from the State of Minnesota to Carver County is nearing completion. The overall jurisdictional transfer of the entire Trunk Highway 101 corridor involves a number of agencies including Hennepin, Scott, and Carver counties, the City of Eden Prairie, as well as, Chanhassen. One of the first milestones to attain during a highway turnback process is to execute Memorandums Of Understanding (MOU) amongst the agencies involved. MOU's are, in essence, pre-agreements to the official turnback agreements that are intended to serve notice of pending release on a roadway between the transferring authority and receiving authority. MOU's also provide a framework of general guidelines and mutual agreements regarding conditions and requirements associated with the transfer. The proposed transfer of the jurisdictional responsibility for Trunk Highway 101 from the State to Carver County impacts both the City and the County. Therefore, a MOU between the City and Carver County was developed and executed in December of 1996 (see Attachment No.2) as well as the MOU between Carver County and MnDot dated November 12, 1996. Attached is the final draft of the Joint Powers Agreement (JPA) between the City and Carver County regarding the jurisdictional transfer of Trunk Highway 101. The content of the JPA is similar to that of the previously approved MOU, but has received some updating based on the latest information received from MnDot. The JP A basically indicates: I. City of Chanhassen shall be the initiator and/or lead agency for corridor improvement projects to County State Aid Highway 101 (former Trunk Highway 101) within Chanhassen and north of Trunk Highway 5. While Carver County and the City shall be joint initiators for CSAH 101 (former Trunk Highway 101) improvement projects south of Trunk Highway 5. 2. Carver County and the City will work cooperatively with MnDot to obtain approval for reimbursement of right -of-way and project development costs in advance of approved turnback construction funding. Don Ashworth September 23, 1998 Page 2 3. Carver County shall have the right to transfer to the City, on or before the Year 2005, the jurisdictional responsibility for County Road 117 (Galpin Boulevard) between Trunk Highway 5 and the north boundary of the County and acknowledges that the City intends to modify Development District No.2 and implement TIF District No. 2-2 to fund the future improvement of Galpin Boulevard from Trunk Highway 5 to Lake Lucy Road. 4. Any and all County project funds programmed in the County CIP for the reconstruction of County Road 117 shall be maintained and transferred to the City in the year of release. Overall, this agreement commits the City to be a cooperative partner with Carver County to advance all or a portion of County State Aid Highway 101 (former Trunk Highway 101) located within the City to a reconstruction status that would assure County Satate Aid Turnback Account funding for the project. If the City fails to do this, the County would have the right to transfer the Highway 101 jurisdiction to the City. This JP A between the County and City and is mutually contingent on the execution of the Cooperative Construction Agreement (Turnback Agreement) between Carver County and the State of Minnesota Department of Transportation which is the next and final document needed to be executed to finalize the jurisdictional transfer of the Trunk Highway 101 in Chanhassen. The timeliness of executing this agreement is important in being able to secure potential funding for Trunk Highway 101 (north of Trunk Highway 5) which could become available as soon as the year 2000. It is therefore recommended that Joint Powers Agreement No. 101-97-01 between the City ofChanhassen and Carver County relating to the jurisdictional transfer of Trunk Highway 101 from the State of Minnesota to Carver County be approved. njd Attachment: I. 2. Cooperative Agreement No. 101-97-01. ChanhasseniCarver County MOU (December, 1996). c: Anita Benson, City Engineer Roger Gustafson, Carver County Bob Brown, MnDOT g:\pw\charles\cc\th 101 joint power agreement.doc AUG-28-1998 11:09 CARVER COUNTY PUBLIC WKS. 512351102: F'. 02 " Agreement No. 101-97·01 JOINT POWERS AGREEMENT BETWEEN CARVER COUNTY AND THE CITY OF CHANHASSEN RELATING TO JURISDICTIONAL TRANSFER FROM THE STATE TO THE COUNTY OF TRUNKIllGHWAY 101 THIS AGREEMENT, made and entered into by and between the City ofChanhassen, a municipal corporation, organized under the laws of the State of Minnesota, party of the first part, hereinafter referred to as "City," and the County of Carver, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, party of the second part, hereinafter referred to as "County;" WITNESSETIJ: WHEREAS, the County and the State of Minnesota, Department of Transportation, may enter into th¿ Cooperative Construction Agreement, attached hereto and made a part hereof, to change the jurisdictiona I responsibility for aU ofTIJ 101 in the County iTom the State of Minnesota to the County, and WHEREAS, the County and the State of Minnesota, Department of Transportation, may enter into the Partnership Agreement, attached hereto and made a part hereof, for the routine maintenance of County State Aid Highway 101 (former Trunk Highway 101) south of Trunk Highway (TH) 5, and WHEREAS, the County and the State of Minnesota, Department of Transportation, may enter into the Partnership Agreement, attached hereto and made a part hereof, for the routine maintenance of County State Aid Highway 101 (former Trunk Highway 169) south of Trunk Highway (TH) 21Z, and WHEREAS, the County and the County of Hennepin may enter into a County Road Maintenance Agreement, attached hereto and made a part hereof, for the routine maintenance of Carver County State Aid Highway 101 (former Trunk Highwáy 101) north ofTIJ 5, and WHEREAS, the transfer ofTIJ 101 jurisdictional responsibilities from the State to the County impacts both the County and the City, NOW, THEREFORE, pursuant to said Cooperative Construction Agreement between Carver County and the State ofMinncsota Department of Transportation being fully executed, and pursuant to Minnesota Statutes 471.59 and in consideration of the mutual covenants and promises hereinafter contained, it is agreed by and between the City and the County as foHows: A. The City shall be the initiator for County State Aid Highway 101 (former Trunk Highway 101) cDl'ridor improvement projects within the City and north ofTH 5, B. The County and City shall mutually cooperate and be the initiators for County State Aid Highway 101 (former Trunk Highway 101) corridor improvement projects within the City and south ofTH 5. AUG-28-1998 11:09 CARVER COUNTY PUBLIC WKS. 612361102-:=- F'. [13 AgreementNo. 101-97-01 C. The County and City will work with MnDOT to obtain approval for reimbursement from the County State Aid Turnback Account for all necessary right-of-way and project development costs for County State Aid Highway 101 (former Trunk Highway 101) incurred in advance of approved turnback construction funding. D. The jurisdictional responsibility for County Road 117 (Galpin Bóulevard) between TH 5 and the north boundary of the County shall be transferred to the City by the Year 2005 or sooner. Said transfer shall occur only if said Cooperative Construction Agreement between the State of Minnesota and thc County is fully executed. It is the City's intent to modify Development District #2, Tax Increment District No. 2-2 to fund the improvement of Galpin Boulevard from TH 5 to Lake Lucy Road. All County project funds programmed in the aMual county budget for the reconstruction of County Road 117 shaH be maintained and transferred to the City in the year of release. E. The County shall have the right to transfer to the City the jurisdictional responsibility for all of County State Aid Highway 101 (former Trunk Highway 101) located within the City if County State Aid Tumback Account construction dollars are no longer available to the County for the reconstruction of all or a portion of County State Aid Highway 101 (former Trunk Highway 101) located within the City and if the City fails as ajoint partner to mutually cooperate with the advancement of all or a portion of County State Aid Highway 10 I (fonner Trunk Highway 101) located within the City to a reconstruction status that would assure County State Aid Tumback Account funding for the project. F. In the event that County State Aid Highway 101 (former Trunk Highway 101) is conveyed by the County to the City, the City shall add County State Aid I'¡ighway 101 (former Trunk Highway 101) to its Municipal State Aid Street (MSAS) System, provided that the Minnesota Department of Transportation approves this designation under the highway tumback Municipal State Aid Rules, or the City shall accept all fmancial obligations that the County has to the State Aid System that may occur as a result of constructing projects within the defined corridor utili:¡:ing State Aid funds. G. The parties to this agreement shall be liable for its own acts to the extent provided for by law and hereÞy agree to indemnify, hold harmless and defend the other named party to this agreement, its officers, agents, employees, and volunteer workers against any and all liability, loss, costs, damages, expenses, claims or actions, including reasonable attorneys' fees with the.other, its officers, agents, employees, and volunteer workers may hereafter sustain, incur or be required to pay, arising from, or related to the provisions of services hereunder by reason of any act or omission of the party, its officers, agents, employees and volunteer workers in the execution, performance, or failure to adequately perform its obligations. H. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the perfonnance of the provisions of services hereunder shall not be considered employees of the County and that any and all claims that may or might arise under the Worker's Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by and third parties as a consequence of any act or omission on the part of said City employees while so engaged in the performance of any of the provisions of services hereunder shall in no way be the obligation of responsibility of the County. AUG-28-1998 11:10 CARVER COUNTY PUBLIC WKS. 612361102: P.04 .. Agreement No. 101-97-01 I. It is hereby understood and agreed that any and all employees of the County and all other persons employed by the County in the performance of the provisions of services hereunder shall not be considered employees of the City and that any and aU claims that mayor might arise under the Worker' s Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any cud all claims made by and third parties as a consequence of any act or omission on the part of sa,d County employees while so engaged in the performance of any ofthe provisions of services hereunder shall i~ no way be the obligation of responsibility of the City. J. During the performance of this Agreement, the City and the County agree that no person shall, on the grounds ofrace, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded :lTom full employment right in, participation in, be den ied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. K. Each party agrees that any modification of this agreement will be in writing and will be signed by the parities hereto. IN TESTIMONY WHEREOF, the parties have caused these presents to be executed. City of Chanhassen, Minnesota County of Carver, Minnesota Mayor, City ofChanhassen Date Chair, Board of Commissioners Da'e Attest: Attest: City Manager Date County Administrator Date Approved as to Form: Approved as to Form: Date City Attorney County Attorney Date