99-24-1 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 29, 1999 RESOLUTION NO: 99-24-1
MOTION BY: Entel SECONDED BY: Mancino
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR TRUNK HIGHWAY 212
WHEREAS, 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 Interstate Highway No. 1-94 serving St. Cloud; and
WHEREAS, New Highway 212 project is part of the National Highway System; and
WHEREAS, there has previously been $10.9 million of federal demonstration grant funds
invested in the New Trunk Highway 212 project; and
WHEREAS, although the contract for construction of the first phase of the New T.H. 212
project was let on February 27, 1998 and the second phase of the project was let in September, 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; and
WHEREAS, land values in the New T.H. 212 Corridor are escalating dramatically; and
WHEREAS, 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
fight-of-way, design, planning, 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 1
through 3, which is currently estimated to be approximately $55 million; and
WHEREAS, the New T.H. 212 Corridor has been preserved on the official maps of the
affected communities since 1988; and
WHEREAS, the Right of Way Acquisition Loan Fund CRALF') does not have sufficient
cash to enable purchase of all of the remaining parcels of real estate within the foreseeable future; and
WHEREAS, it is desirable that design of Segment II, Stages 4 and 5 of the New Highway
212 project be contemplated 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; and
WHEREAS, the Coalition desires that funding for construction of all portions of New
Highway 212 between Lyman Boulevard and T. H. 41 be in place prior to completion of construction
of New Highway 212 to Lyman Boulevard; and
WHEREAS, the United States Congress approved a grant in the amount of $4,000,000
("Highly Priority Project" funds) to MnDOT for the New Highway 212 project in connection with the
Transportation Equity Act for the 21 st Century ("TEA-21").
NOW, THEREFORE, in consideration of the premises and their mutual promises, the parties
hereto hereby agree as follows:
The parties agree that the following shall be the sequence in which High Priority Project Funds
shall be expended, funds will be appropriated by MnDOT, and RALF funds will be utilized for the New
Highway 212 Project.
· Priority One - Purchase of right-of-way for Segment II, Stages 4 & 5
· Priority Two - Design of Segment II, Stages 4 & 5
· Priority Three - Purchase of right-of-way in phases of the New Highway 212 project within
Chaska and Chaska township
The parties agree that, as they individually deem appropriate or necessary, they shall jointly
seek amendment of the Metropolitan Council's Comprehensive Transportation Plan (TPP) and
MnDOT's Transportation System Plan (TSP) to provide for:
· Preservation of the remaining right-of-way for the New Highway 212 Project from County
Road 147 to Norwood.
· Construction of Segment No. II, Stages 4 and 5 of the New Highway 212 project.
MnDOT and Hennepin and Carver Counties shall agree upon the terms under which Old
Highway 212 will be turned back to the counties upon completion of New Highway 212 from T.H. 5
to County Road 147, consistent with State turnback rules.
Hennepin County, Carver County, Eden Prairie, Chanhassen, Chaska and Coalition all agree
that they shall jointly seek such funding from the 1999 legislature as may be required to carry out
Priority One through Priority Three of this Agreement
Passed and adopted by the Chanhassen City Council this 29th day of March, 1999.
ATTEST:
Todd Gerhardt, Acting City Manager Nancy K. Mancino, Mayor
YES NO ABSENT
Mancino
Labatt
Jansen
Engel
None
Senn