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SOUTHWEST CORRIDOR TRANSPORTATION COALITION
470 Pillsbury Center S!T'I';
Minneapolis, MN 55402
(612) 337-9300
(612) 337-9310 (Facsimile)
. 1998
""·:,[:1\1
Mr. Gene Dietz
Director of Public Works
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344-2230
Mr. Jim Grube
County Engineer
Hennepin County Public Works
320 Washington Avenue South
Hopkins, MN 55343
June 12, 1998
Mr. Fred Corrigan
Executive Vice President
The Minnesota Transportation Alliance
672 Transfer Road
St. Paul, MN 55114-1402
Mr. Julius C. Smith
Member, Metropolitan Council
3200 High Point Drive
Chaska, MN 55318
Mr. Roger Gustafson
County Engineer
Carver County
Carver County Courthouse
Chaska, MN 55318
Mr. Don Ashworth
City Manager
City of Chanhassen
P.O. Box 147
Chanhassen, MN 55317
Mr. Dave Pokorney
City Administrator
City of Chaska
One City Hall Plaza
Chaska, MN 55318-1962
Gentlemen:
I recently sent to each of you a proposed memorandum of understanding among Hennepin
County, Carver County, Eden Prairie, Chanhassen, Chaska, Metropolitan Council and MnDOT.
Enclosed is a revised version reflecting comments received from Roger Gustafson and Fred
Corrigan. Also enclosed is a letter dated June 9, 1998, which I have just received from Dick
Stehr, District Engineer for MnDOT's Metropolitan Division. Please fax or call me with your
comments or revisions in a few days. At that point, I will send the proposed agreement to Dick
Stehr for his review and comment based on the comments which I have by then received.
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Messrs. Corrigan, Dietz, Gustafson, Pokorney, Smith, Grube and Ashworth
June 12, 1998
Page 2
Yours very truly,
fiðMC¡~~
RTT~
Ê~~S
Robert J. Lindall
President
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MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, dated this
day of June, 1998, by the State of Minnesota,
Commissioner of Transportation ("MnDOT"), the Metropolitan Council, a unit of regional
government of the State of Minnesota ("METRO COUNCIL"), the Counfy of Hennepin, a
political subdivision of the State of Minnesota ("HENNEPIN"), the County of Carver, a political
subdivision of the State of Minnesota ("CARVER"), the City of Eden Prairie, a Minnesota
municipal corporation ("EDEN PRAIRIE"), the City of Chanhassen, a Minnesota municipal
corporation ("CHANHASSEN"), the City of Chaska, a Minnesota municipal corporation
("CHASKA") and the Southwest Corridor Transportation Coalition, a non-profit corporation under
the laws of the State of Minnesota ("COALITION").
I. RECITALS:
1.01. Construction of an 18 mile four-lane, divided freeway from 1-494 in Eden Prairie
to Norwood ("New Highway 212 Project") is of state-wide significance in that there are no
existing four-lane highways serving the southwestern portion of the State between U.S. Highway
169 serving Mankato and 1-94 serving St. Cloud.
1.02. New Highway 212 Project is part of the National Highway System.
1.03. There has previously been $10.9 million of federal demonstration grant funds
invested in the New T.H. 212 project.
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1.04. Although the contract for construction of the first phase of the New T.H. 212
Project was let on February 27, 1998, due to lack of sufficient funds, the 20-year program of
MnDOT only contemplates construction of the portion of the project lying easterly of Lyman
Boulevard in Chanhassen and the program of the Metropolitan Council does not contemplate
construction of anything west of Eden Prairie Road in Eden Prairie prior to the year 2020;
1.05. Construction of New Highway 212 from 1-494 in Eden Prairie to Cologne is of
highest priority to the parties to this Agreement.
1.06. Land values in the New T.H. 212 Corridor are escalating dramatically.
1.07. There has already been more than $105 million invested or committed to
construction of the New 212 Project, including (a) approximately $50 million invested in
purchase of right-of-way, design, plarming, and other related expenditures for the New 212
project (principally by MnDOT or through use of RALF funds); and (b) the cost of construction
of Segment I, Stages I through 3, which is currently estimated to be approximately $55 million.
1.08. The New T.H. 212 Corridor has been preserved on the official maps of the
affected communities since 1988.
1.09. In most areas the New 212 Corridor is surrounded by developed or developing
land.
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1.11. Many of the property owners are elderly and wish to make final dispositions of
1.1 O. Each of the affected cities has already contributed substantial funds and staff time
to the design, environmental review, planning and right-of-way acquisition for the New 212
project.
their property and to distribute or liquidate their holdings in recognition of their age.
1.12. Most owners have held their property for many years and have been unable to
either develop or sell the portion of their properties encumbered by the planned right-of-way
since adoption of the official map in 1987 (or before); and
1.13. The Right of Way Acquisition Loan Fund ("RALF") does not have sufficient cash
to enable purchase of all of the remaining parcels of real estate within the foreseeable future.
1.14. Coalition is committed to continue its advocacy for the construction of New
Highway 212 from Interstate 494 in Eden Prairie to the City of Norwood in accordance with the
schematic plan which is shown on Exhibit A attached hereto ("MnDOT Plan for Highway 212").
1.15. Hennepin, Carver, Eden Prairie, Chanhassen and Chaska are all active in the affairs
of the Coalition and supportive of the objective of construction of New Highway 212 in
accordance with the MnDOT Plan for Highway 212.
1.16. The parties hereto desire to provide for the design of improvements for New
Highway 212 from Eden Prairie Road in Eden Prairie to the intersection ofT.H. 101 and Lyman
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Boulevard in Chanhassen ("Segment II") in accordance with the MnDOT Plan for Highway 212
prior to 200 I so that the contracts for construction of the Segment II improvements can be
awarded in 2001.
1.17. The parties desire that all right of way for the Segment II Project be acquired prior
to 2001 so as to permit construction of Segment II beginning in 2001.
1.18. The United States Congress approved a demonstration grant in the amount of
$4,000,000 ("Demonstration Grant Funds") to MnDOT for the New Highway 212 project in
connection with the reauthorization of the Intermodal Surface Transportation Efficiency Act
(ISTEA), effective June 6, 1998.
1.19. MnDOT recognizes the desirability of purchasing right of way for the New
Highway 212 Project prior to actual programming of construction of those segments of the
Project in order to acquire the right of way before further substantial increases in value of the
right of way may occur.
1.20. In the reasonably foreseeable future, there are not likely to be sufficient funds
available from RALF to enable purchase of remaining unpurchased right of way in those portions
of the New Highway 212 Project lying westerly of Hennepin County Road 4 (Eden Prairie Road).
1.21. The parties hereto anticipate that it will be necessary to seek additional funding
from the 1999 Legislature in order to enable supplementation of otherwise available funds so as
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1.22. It is desirable that design of Segment II of the New Highway 212 p¡-~ject be
to permit purchase of remaining right of way for the New Highway 212 Project as soon as
possible.
completed as soon as possible to put that phase of the project in construction-ready condition so
as to take advantage of any construction funds which may unexpectedly become available due
to a competing project failing to proceed as previously programmed;
1.23. The parties hereto recognize that it is in their mutual best interests to agree upon
the priority for expenditure of funds for design and purchase of right of way for the New T.H.
212 Project and desire that this Agreement be the means by which they document their agreement
with one another concerning these issues;
II. AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises, the
parties hereto hereby agree as follows:
2.01. The parties agree that the following shall be the sequence in which Demonstration
Grant Funds shall be expended for the New Highway 212 Project.
Priority One - Design of Segment II, Stage 4.
Priority Two - Purchase of right of way for Segment II, Stage 4.
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2.02. The parties agree that the following shall be the sequence in which funds which are
appropriated by MnDOT for the New Highway 212 Project (other than the Demonstration Grant
Funds) and RALF funds (to the extent they may be available) shall be expended:
Priority Three.. Purchase of right of way lying within that portion of the
City of Chanhassen which is not within the Metropolitan Urtian Service
Area ("MUSA Area").
Priority Four .. Purchase of remaining right of way for Segment II (to the
extent Demonstration Grant Funds are insufficient for that purpose).
Priority Five.. Purchase of right of way in phases of the New Highway
212 Project within Chaska, the MUSA portion of Chanhassen, or within
Chaska township.
Priority Six.. Design of Segment II, Stage 5 of the New Highway 212
Project.
Priority Seven - Design of other phases of the New Highway 212 Project.
2.03. The parties agree that they shall jointly seek amendment of the Transportation
Improvement Program to provide for:
a. Acquisition of remaining right of way for the New Highway 212 Project
to Norwood by 2001;
b. Construction of Segment No. II, Stage 4 of the New Highway 212 Project
beginning in the year 2001;
c. Complete design and engineering for the remainder of the New
Highway 212 Corridor to Norwood by 2002; and
d. Construction of the remainder of the New Highway 212 Project to
Norwood beginning in the year 2002.
2.04. The parties agree that they shall jointly undertake to obtain the amendment of
MnDOT's Transportation Systems Plan to provide for completion of New Highway 212 to
Norwood by 2005.
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2.05. The parties agree that they shall jointly approach the 1999 Legislature and request
such funding as may be required to carry out the terms of this Agreement.
By:
Its:
By:
Its:
By:
Its:
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STATE OF MINNESOTA
COMMISSIONER OF TRANSPORTATION
THE METROPOLITAN COUNCIL
COUNTY OF HENNEPIN
COUNTY OF CARVER
By:
Its:
CITY OF EDEN PRAIRIE
By:
Its:
7
By:
Its:
By:
Its:
By:
Its:
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CITY OF CHANHASSEN
CITY OF CHASKA
SOUTHWEST CORRIDOR TRANSPORTATION
COALITION
8
STATE OF MINNESOTA )
) ss
COUNTY OF )
On the day of June, 1998, , being duly sworn, upon oath
deposed and stated that is the of the State of Minnesota,
and did sign the foregoing Agreement on behalf of the State of Minnesota
pursuant to authority vested in by the law of the State of Minnesota.
STATE OF MINNESOTA )
) ss
COUNTY OF )
Notary Public
On the day of June, 1998, , being duly sworn, upon oath
deposed and stated that is the of the Metropolitan
Council, and did sign the foregoing Agreement on behalf of the Metropolitan
Council pursuant to authority vested in by the law of the State of
Minnesota.
STATE OF MINNESOTA )
) ss
COUNTY OF )
Notary Public
On the day of June, 1998, , being duly sworn, upon oath
deposed and stated that is the of the County of Hennepin
and did sign the foregoing Agreement on behalf of the County of Hennepin
pursuant to authority vested in by the law of the State of Minnesota.
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Notary Public
9
STATE OF MINNESOTA )
) ss
COUNTY OF )
On the day of June, 1998, , being duly sworn, upon oath
deposed and stated that is the of the County of Carver
and did sign the foregoing Agreement on behalf of the County of Carver pursuant
to authority vested in by the law of the State <;ff Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF )
On the day of June, 1998, , being duly sworn, upon oath
deposed and stated that is the of the City of Eden Prairie
and did sign the foregoing Agreement on behalf of the City of Eden Prairie
pursuant to authority vested in by the law of the State of Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF )
On the day of June, 1998, , being duly sworn,
upon oath deposed and stated that is the of the City
of Chanhassen and did sign the foregoing Agreement on behalf of the City of
Chanhassen pursuant to authority vested in by the law of the State of
Minnesota.
Notary Public
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10
STATE OF MINNESOTA )
) ss
COUNTY OF )
On the day of June, 1998, , being duly sworn, upon
oath deposed and stated that is the of the City of
Chaska and did sign the foregoing Agreement on behalf of the City of Chaska
pursuant to authority vested in by the law of the State of Minnesota.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF )
, being duly sworn, upon
of the Southwest
did sign the foregoing
by the
On the day of June, 1998,
oath deposed and stated that is the
Corridor Transportation Coalition and
Agreement on behalf of the Coalition pursuant to authority vested in
law of the State of Minnesota.
Notary Public
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11
~
«(tJ
Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road 82
Roseville. MN 55113
June 9,1998
Robert J. Lindall, President
Southwest Corridor Transportation Coalition
470 Pillsbury Center
Minneapolis, Minnesota 55402
Re: Purchase of remaining Right-of-Way for proposed new Highway 212
Dear Mr. Lindall:
I have received your letter and city and county resolutions rrom the Southwest Coalition
requesting assistance in the acquisition of the remainder of the properties needed for the
development of Trunk Highway (TH) 212 Corridor rrom Eden Prairie to Cologne.
The Metro Transportation System (TSP) plan has identified right-of-way preservation for this
corridor as a metro objective for the next 20 years, whether or not it is constructed within that
time period. The official map has been on the books for a decade or more, the communities and
Metropolitan Council have made substantial investments in this corridor, and construction has
begun on the east end. With these thoughts in mind, I feel that the Metro Division has a strong
reason to invest in corridor preservation/right of way acquisition for TH 212.
In spite of these strong reasons, no commitment to invest additional money can be made until a
review of options, estimated costs, acquisition staging and priorities have been put together for
evaluation with the rest of the Metro construction program. I am expecting that we can
accomplish this by the beginning of August. At that time I will send you another letter
outlining the Department's commitments, if any.
At our meeting on May 19th, three additional questions were asked:
I) Can MnlDOT use ISTEA demo money (now, TEA 21 priority projects) to accelerate
right of way purchases?
An equal opportunity employer
Robert J. Lindall
June 9, 1998
Page 2
2) Can Mn/DOT prepare final design plans for the next segment (CSAH 4 to Lyman Blvd.)
using ISTEA demo money?
Either of the above two things can happen if the language in the final version of the bill allows
those actions. While Congress has passed the bill and it is expected that the President will sign
the bill, further analysis of the language and passage of an appropriation bill is necessary to
determine spending limitations.
3) Can Mn/DOT allow advance construction of the next segment (CSAH 4 to Lyman
Blvd.)?
No, not at this time. We do not normally advance construction projects that are scheduled more
than ten years into the future. Mn/DOT Transportation System Plan (TSP) and the Regional
Transportation Policy Plan (TPP) need to be consistent (the TSP states construction before 2020,
the TPP states right of way acquisition only). Perhaps this will occur in 1999 as the TSP, TPP
and revenue forecasts are updated.
Sincerely,