98-83 A CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: September 14~ 1998 RESOLUTION NO: 98-83A
MOTION BY: Mason SECONDED BY: Berquist
A RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING
CONCERNING ACQUISITION OF RIGHT-OF-WAY FOR AND DESIGN OF FUTURE
SEGMENTS OF NEW TRUNK HIGHWY 212, PROJECT NO. PW290
WHEREAS, this Agreement, dated this 14th day of September, 1998, by the State of
Minnesota Department of Transportation ("MnDOT"), the Metropolitan Council ("Metro Council"),
the County ofHennepin ("Hennepin"), the County of Carver ("Carver"), the City of Eden Prairie
("Eden Prairie"), the City of Chanhassen ("Chanhassen"), the City of Chaska ("Chaska"), the
Township of Chaska ("Chaska Township"), and the Township ofDahlgren ("Dahlgren Township"),
and
WHEREAS, the current 212 Corridor acquisitions are complete from Highway 494 west to
Country Road 4 in Eden Prairie, funding is complete and construction is underway, with scheduled
completion of this segment in the year 2001; and
WHEREAS, Highway 5 improvements and upgrades to a four-lane road from County Road
17 (Powers Boulevard) to Highway 41 are funded and scheduled for construction and completion by
the year 2001; and
WHEREAS, the United States Congress has approved a demonstration grant in the amount of
$4,000,000.00 ("DEMONSTRATION GRANT FUNDS") to MnDOT for the Highway 212 project
through re-authorization of the Intermodal Surface Transportation Efficiency ACT (ISTEA) effective
June 6, 1998; and
WHEREAS, the Right-of-Way Acquisition Loan Funds ("RALF') have been used for and
will continue to be used for acquisition of the Highway 212 corridor, however, knowing that such
funding will be unable to fund completion of right-of-way acquisition for Highway 212 in the
foreseeable future; and
WHEREAS, all the parties to this agreement remain committed to continued advocacy for
planning and construction of the 212 corridor under terms and conditions acceptable to each of the
parties; and
WHEREAS, the parties hereto, while recognizing it is in their mutual best interests to agree to
priorities going forward, understand that there are numerous issues to be studied and resolved with full
public participation.
NOW, THEREFORE, in consideration of the premises and their mutual best interests, the
parties hereto hereby agree as follows:
1) The construction of 212 should be completed westerly to County Road 4 as the City of
Eden Prairie has desired.
2) The acquisition of 212 Corridor right-of-way should continue, fully utilizing the
DEMONSTRATION GRANT FUNDS and available RALF, only acquiring properties deemed
necessary by mutual agreement between MnDOT and the respective governmental entities in which
said acquisitions reside.
3) In that funds are not available in the foreseeable future to construct the balance of 212
in its entirety, and construction should not proceed further until there is sufficient committed funding to
upgrade Highway 494 to accommodate the additional traffic, and the needed infrastructure in the
affected communities can be put in place to handle the projected additional traffic volumes:
a) In Chanhassen, where existing road infrastructure is insufficient to handle the
increased traffic levels if 212 terminates there temporarily, 212 should be constructed completely
through the community in a single phase.
b) In the interim, the Right-of-Way should be left in passive park use with
potential temporary trail construction if funds can be gathered to accomplish such.
c) Re-study should begin immediately to re-examine the appropriateness of the
older traditional highway concepts and thorough examination of identifying and planning for
implementation of new transportation concepts favoring mass transit, highway parkway similar to
Highway 62, and other appropriate concepts such as light rail, etc. should commence.
d) Prior to intersection acquisitions, MnDOT and the affected municipalities shall
mutually agree on the appropriateness and design of the current proposed intersections.
Passed and adopted by the Chanhassen City Council this 14th day of September, 1998.
ATTEST:
Don Ashworth, City Clerk/Manager
Nancy K. Mancino, Mayor
YES
Mancino
Berquist
Engel
Mason
Senn
NO ABSENT
None None