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HomeMy WebLinkAboutCity Council - 02/27/1996• • • CITY COUNCIL PUBLIC PACKET AGENDA SPECIAL cm COUNCIL MEETING TOLL ROAD TOWN MEETING TUESDAY, FEBRUARY 27, 1996 COUNCILMEMBERS: cm COUNCIL STAFF: ROLLCALL I. CALL MEETING TO ORDER 7:30 PM, CITY COUNCIL CHAMBER Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director o( Public Works Gene Dietz, City Engineer AI Gray and Council Recorder . II. T.R. 212 TOT1IJ ROAD PRopoSAL A. Presentation B. Comments (rom the Public ill. 1-494 TOLL ROAD PRopoSAL A. Presentation B. COmments (rom the Public IV. ornER BUSINESS v. ADJOURNMENT • • • ----~~~~------------~~-~~~~~~~- -MEMORANDUM - TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager d Eugene A. Dietz, Director of Public Works? February 23, 1996 FROM: DATE: SUBJECT: Town Meeting Toll Roads for TH212 and 1-494 Staff members have met to discuss the viability of the two toll road proposals that affect Eden Prairie. Clearly, the City Council is under no obligation to "declare a position" at this stage. The rules surrounding the toll road proposals appear to allow the City of Eden Prairie to veto either of the projects any time until a contract for the construction of the toll roads would be signed by MnDOT and the developers. It appears that point would be reached in approximately November, 1996. Therefore, at this stage, the proponents would welcome your insight on the proposals, but do not expect a final decision. A recommended strategy for each proposal follows: IH212 TOLL RoAD PRoposAL The City of Eden Prairie could support a toll road facility that addresses the following: • MnDOT needs to ensure that the technology for a TH212 toll road would be compatible with other toll road technology that may occur in the future. Particularly, if several toll roads are constructed in the metro area, the ability to use one transponder on all of the facilities would be highly desirable, if not mandatory. • Although proposed, it is paramount that toll-free access at Wallace Road, Mitchell Road and Prairie Center Drive be preserved in any toll road agreement. • TH212 would be much more successful if some type of priority access to 1-494 were granted. In fact, we may wish to explore the possibility of an approval conditioned upon MnDOT agreeing to rebuild the TH212f1-494 interchange in conformance with the 1-494 approved layout plan. It would be premature to make this an ultimatum at this time, but at the very least having MnDOT prioritize this interchange in their capital program would be highly desirable. • Prior to any agreement being executed, a satisfactory understanding of metering conditions at free access points should be determined. In other words, metering should be regulated to balance access to the system without trying to force trips onto the toll road facility at the expense of congestion on City roadways. • There should be a clause in a toll road agreement that specifically states that a change in transportation funding that could have allowed TH212 to be built as a free road, MnDOT would be required to payoff the debt and return the project to free status . • Finally, the possibility of an impact or franchise fee on the toll road should be explored. The specific purpose of such a fee would be to generate a funding source to provide upgrades to other roadways that would be impacted to a higher level due to this particular road being built as a toll road. In other words, everyone agrees that fewer vehicles will use TH212 as a toll road compared to a free road -therefore, more vehicles will travel alternate routes, which will require additional improvements beyond the free road scenario. AGENDA SPECIAL CITY COUNCIL MEETING TOLL ROAD TOWN MEETING TUESDAY, FEBRUARY 27, 1996 COUNCILMEMBERS: CITY COUNCIL STAFF: ROLLCALL I. CALL MEETING TO ORDER 7:30 PM, CITY COUNCIL CHAMBER Mayor Jean Harris, Patricia Pidcock, Ronald Case, Ross Thonmnson, Jr. and Nancy Tyra- Lukens City Manager Carl J. Jullie, Assistant City Manager Chris Enger, Director of Public Works Gene Dietz, City Engineer Al Gray and Council Recorder II. T .H. 212 TOLL ROAD PROPOSAL A. Presentation B. Comments from the Public ID. 1-494 TOLL ROAD PROPOSAL A. Presentation B. Comments from the Public IV. OTHER BUSINESS v. ADJOURNMENT TO: THROUGH: FROM: DATE: SUBJECT: -MEMORANDUM - Mayor and City Council Carl J. Jullie, City Manager d Eugene A. Dietz, Director of Public Works? February 23, 1996 Town Meeting Toll Roads for TH212 and 1-494 Staff members have met to discuss the viability of the two toll road proposals that affect Eden Prairie. Clearly, the City Council is under no obligation to "declare a position" at this stage. The rules surrounding the toll road proposals appear to allow the City of Eden Prairie to veto either of the projects any time until a contract for the construction of the toll roads would be signed by MnDOT and the developers. It appears that point would be reached in approximately November, 1996. Therefore, at this stage, the proponents would welcome your insight on the proposals, but do not expect a final decision. A recommended strategy for each proposal follows: TH212 TOLL ROAD PRoposAL The City of Eden Prairie could support a toll road facility that addresses the following: • MnDOT needs to ensure that the technology for a TH212 toll road would be compatible with other toll road technology that may occur in the future. Particularly, if several toll roads are constructed in the metro area, the ability to use one transponder on all of the facilities would be highly desirable, if not mandatory. • Although proposed, it is paramount that toll-free access at Wallace Road, Mitchell Road and Prairie Center Drive be preserved in any toll road agreement. • TH212 would be much more successful if some type of priority access to 1-494 were granted. In fact, we may wish to explore the possibility of an approval conditioned upon MnDOT agreeing to rebuild the TH2121I-494 interchange in conformance with the 1-494 approved layout plan. It would be premature to make this an ultimatum at this time, but at the very least having MnDOT prioritize this interchange in their capital program would be highly desirable. • Prior to any agreement being executed, a satisfactory understanding of metering conditions at free access points should be determined. In other words, metering should be regulated to balance access to the system without trying to force trips onto the toll road facility at the expense of congestion on City roadways. • There should be a clause in a toll road agreement that specifically states that a change in transportation funding that could have allowed TH212 to be built as a free road, MnDOT would be required to payoff the debt and return the project to free status. • Finally, the possibility of an impact or franchise fee on the toll road should be explored. The specific purpose of such a fee would be to generate a funding source to provide upgrades to other roadways that would be impacted to a higher level due to this particular road being built as a toll road. In other words, everyone agrees that fewer vehicles will use TH212 as a toll road compared to a free road -therefore, more vehicles will travel alternate routes, which will require additional improvements beyond the free road scenario. The points noted above should be viewed as a potential starting point for negotiation, if the project proceeds. Staff believes that the funding picture for traditional financing of roadways is very bleak and the likelihood of a "free" TH212 in the next ten years is very small. The one compelling argument in favor of the toll road is that it would relieve congestion on parallel routes without requiring our residents to use the toll road. The degree of relief will always be debated, but we do know that the 1994 traffic volumes on TH5 between Eden Prairie Road and Mitchell Road are at 46,000 trips per day. The traffic projections from the TH212 Environmental Impact Statement for the year 2010 under the "no-build alternative" was 46,400 trips per day (level of service F). The hard reality is that the projected volumes exist 14 years early. It is our understanding that building permits in Carver County have exceeded the pace in Eden Prairie in 1995 and the prognosis is that volumes will increase. When the corridor for TH212 was approved by the City of Eden Prairie, very little development was in place west of CSAH 4. At the town meeting, it is likely that people may object to TH212 in any manner of financing scheme. You may wish to ascertain that aspect from those that would argue against the facility. In the past few weeks, there have been articles in the Eden Prairie News that would suggest the only need is to convert TH5 to a limited access facility. First of all, over a forty-year period we have studied the need for TH212 and the record is clear. Secondly, the impact to the community would be significant --both from a loss of tax base as well as the ability to use TH5 as a community roadway. For example, an interchange at CSAH 4/TH5 would most likely require the removal of all of the commercial property at the intersection. The alternative would be no access, which would be devastating to our transportation system. In the final analysis, we could solve our transportation needs on our existing system if no additional growth were to occur. However, that is simply not the case and the City of Eden Prairie has no ability to alter that fact. 1-494 TOLL ROAD PROPOSAL A toll road facility (although not the specific proposal before us) could be acceptable on 1-494, but with the following conditions being required: • Unlike TH212, an 1-494 toll road is not a stand-alone project. It is imperative that MnDOT would take a lead position in a toll road system that would develop a master plan for uniform tolls on the 1-49411-694 beltway as well as other principle arterials in the metropolitan system. For example, one scenario might be that the identical technology currently proposed would be implemented at strategic locations on the 1-49411-694 beltway; strategic points on Crosstown Expressway; at each point that 1-94 enters the beltway; at each point TH169, 1-35E, 1-35W, enter/leave the beltway system; etc. The result could be approximately 20 strategically located high-speed tolling locations. With a $.25 toll and an average 90,000 vehicles per day at each tolling point, the system could gross $160,000,000 annually. If the Legislature's decision is to finance the transportation system in the metropolitan area through tolls, a uniform application could generate money to develop and finance the system into the future. In reality, by manipulating the tolls during peak hours, a demand management system would be in place that could reduce the ultimate facility needs. The end result would be that most people would pay a small toll compared to the few that would be subjected to high tolls under the current limited proposal. • If tolling is the funding mechanism for our transportation system, a uniform technology would be necessary. • Only one agency --most likely MnDOT --could administer an equitable tolling system in the metropolitan area. The current limited proposal estimates that peak hour toll rates might be $1.50, each way. If done by segment, the next segment of toll road to the east of the current proposal is much more expensive and might cost twice as much. Again, the primary point to be made is that a coordinated master plan is clearly required --IF TOLL ROADS ARE TO BE THE PRIMARY FINANCIAL TOOL TO UPGRADE OUR TRANSPORTATION SYSTEM. Without a "big picture approach" the current proposal should not be supported. Eden Prairie City Council Public Meeting February 27, 1996 Contents of Background Information Packet (Items listed in order presented in folder) • New 212 Community Highway Project Benefit Summary • Chaska Herald Editorial In Support --La Vonne Barac (2/22/96) • Letter of Support --Rosemount Measurement, Steve Quist, President • Letter of Support --Sever Peterson • Letter of Support --Mammoth Inc., David Huntley • Resolution of Support --City of Chaska • Resolution of Support --Carver County • Resolution of Support --City of Cologne • Resolution of Support --McLeod County • Resolution of Support --City of Glencoe • Resolution of Support --City of Young America • Resolution of Support --City of Norwood • Resolution of Support --City of Olivia • Booklet of Questions & Answers About The Project 40985 Benefits of the Proposed New 212 Community Highway Essential New Highway Capacity -The Southwest metro area is the fastest growing area in the state, and has been expanding for over two decades. Existing Highways 212 and 5 will reach "system failure" --gridlock conditions --within ten years with even modest growth. Substantial new highway capacity is essential in order to keep a significant portion of the metro highway system from becoming non-functional. A Strictly Voluntary Choice Since Only The New Highway Has A Toll -The proposed New 212 Community Highway provides Southwest metro residents with a true transportation choice. Every highway and cross street operating in the region today will operate without any toll at all. Only the new additional capacity built with private financing will have a toll. With all the current routes as toll-free options, only those who see a personal benefit will choose to pay the toll. Even Non-Users Will Benefit -Even though use of the New 212 Community Highway will be strictly optional, area residents who choose never to pay the toll will also benefit. With an estimated 27,200 vehicle trips per day on the busiest segments of the new highway, users of Highways 212 and 5 will see substantial relief in traffic congestion on the toll-free roads they continue to use. With MnDOT's projections for traffic increases of 30% over the next 10 years, existing roadways will not fail as they would without this essential relief capacity. Community-Sensitive Financing & Operations -The New 212 Community Highway is proposed as a community non-profit project, making it eligible for tax-exempt bond financing at the lowest available interest rates. Because the community is paying the toll, this approach gives the community the greatest control of the facility and its operation. Private developers are paid a fee to complete the project and see that it is working properly. Then the 212 Community Association supervises the professional team that operates the facility. There will be no long-term cash flow to the developers, no pay to the non-profit board and no requirement for high rates of return on investment. The non- profit approach, with lower interest rates and minimal obligations to developers, will keep tolls low and assure that area residents pay no more than necessary to support this project. State of the Art Toll Technology -New electronic toll technology assures that most users will never stop at a toll plaza. Regular users will travel at highway speeds through the entire corridor and be billed through a credit card or similar account. Old ideas about toll roads --especially fears of delays at coin toll plazas --will not be applicable on the New 212 Community Highway. Proves Private Financing Feasible For State's Most Critical Highway Needs - Minnesota's highway funding needs are critical and adequate funding for significant new highway construction does not seem to be a realistic option in the foreseeable future. Even modest gas tax increases to keep up with maintenance have not been possible since 1988. Minnesota needs a workable alternative to meet the demands of a growing economy and to maintain economic vitality for the future. The state needs a project supported by communities, one that can be financed and built --and can pay for itself -- to create a real alternative in the mix of transportation funding solutions for the future. Many Southwest metro residents already endorse the immediate need for a New 212 Community Highway, and few would deny the need will be even more critical within the decade. Improves Public Safety -Southwest metro residents face dangerous traffic congestion --mixing commuter passenger cars and commercial grain and freight trucks --in a narrow winding corridor on old 212 with little margin for error. With the growth projected in the region, public safety will be threatened even further. The New 212 Community Highway not only provides a 50% increase in regional highway capacity designed to freeway standards, it also eases some of the dangerous congestion and reduces the safety hazard for vehicles operating elsewhere on the system. 212 Community Highway Enjoys Very Strong Community Support -Southwest metro communities ... from Eden Prairie to Glencoe and beyond ... have a long history of advocacy for new highway capacity in their communities. Generation after generation of community leaders in the areas have taken up the cause and worked hard to get a new Highway 212 built. Polling conducted by a Ph.D. in Mass Communications at the University of Minnesota School of Journalism, shows that when residents in the area are faced with the prospect of doing without new highways or building needed new highways with tolls, more than two-thirds support building needed new highways with tolls. Utilizes State's Existing Investment -Recognizing the unquestionable need for new highway capacity in the Southwest Corridor, MnDOT has invested millions in environmental studies, engineering and design, right of way acquisition and other costs to, develop a new Highway 212. These taxpayer investments are sitting idle, without additional state funds needed to make the highway a reality. Private investment funding, and the use of tolls to pay for it, will make use of those assets and investments as intended by taxpayers. And eventually, taxpayers will be repaid for those investments from the toll payments made voluntarily by those who see a personal benefit to using the road. Accelerating Planned Improvements Insures Funds Earmarked For the Southwest Region Will Not Be Reallocated -Some of the limited construction resources MnDOT now has available have been dedicated to improving the interchange of Highway 5 and 494. Over the next six years MnDOT plans and funding are also in place to improve the next few miles west on Highway 5 to Wallace Road. The New 212 Community Highway proposal suggests using those funds that are already earmarked and committing them to paying for accelerated construction of those segments on the same timetable as the entire project --with completion by January 1,2000. Improvements financed from state funds already earmarked for the route would remain without any toll, but the new roads would be in place many years earlier than is possible under traditional MnDOT funding capabilities. U'\c.t)~l HV'Lvu..-v~ ~/(}.J,ICJ 0 P0'" Lf Support toll road Unlike most of our "input" line callers, we believe a new Highway 212 should be constructed as a toll road. For the last three weeks, people have been voicing their attitudes about that possibility and most of those opinions have been in opposition. On the orher hand, people bringing the toll road story to various organiza- tions say their message has had a better reception in those settings. Nei- ther setting, however, offers a true picture. The best picture will come from a random survey, with questions that have been designed to be neu- traL Still, all this doesn't keep us from supporting the toll road concept The road is needed to relieve the heavy volume of traffic on all east-west roads. And it is needed to replace a dangerous old Higllway 212. One argument that seems to have been lost is that it will help expedite the movement of goods from outstate to the heart of the city. Tnere are some recurring arguments that opponents have raised, com- ments we'd like to address. The most prominent in Chaska have been: gasoline taxes should pay for the road; let's wait a few years more; and a new 212 -toll or non-tol1-would divide the community. We agree, gasoline taxes should pay the cost. but they won't They won't because on the one hand while people are calling for gasoline taxes to pick up the cost, they also oppose raising the gasoline tax or at least' raising it enough to garner the new dollars needed for tt1is and other state road construction projects. The state, after all, is little more than able to maintain its maintenance and repair schedule. Many don't understand this. ' This state and nation are in a mindset that says "pay as you go or you don't get anything." Now, people who say no to education and programs for children, are unlikely to support raising more public money to build roads. Let's wait a few years is fme unless you drive these roadways during the rush hours. Those who use east-west highways to commute to and from work, know what traffic congestion is and it is getting worse. Traf- fic counts just continue to rise. , Furthennore, if there is little state and federal money today, there is no sign it will be better in a few years, or 10 or 20. Finally, there is that argument about dividing Chaska. Chaska has al- ways been divided. The only people residing in the Jonathan area of Chaska who come downtown regularly are those people who have made a com- mitment to being a part of the community. Upper Chaska takes Highway . 7,5 or Pioneer Trail east. It shops in Southdale, Ridgedale and, perhaps. occasionally at 7-Hi and Knol1wood. I Lower Chaska drives Highway 212 and shops at Eden Prairie Mall or Burnsville Center. And only by conscious choice do the twain meet. Transportation corridors have de facto already divided the community. A new Highway 212 only adds an additional east-west corridor. So, we think the toll road is a good idea. There will be some public money involved in the construction project, but the private money will be raised from investors who assess the risks involved. And, as everyone points out, no one has to use the toll road; but for every motorist who opts to use it, travelers on the already existing roadways will experience a little bit of traffic relief. -La Vonne Barac FEB 21 '96 03:21PM RMT FACILITIES Rosemount Measurement February 21, 1996 Dr. Jean Hams Mayor City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Dear Dr. Harris, lW5emount Inc. MWUI'I!merll DivisiClll 12001 TccnnDlogy Drive Eden Prairie. MN 55344 USA Tell (612) 941.5560 Fax 1 (612) 828·3088 P.2/2 I am writing to you to urge your support for the Proposed T.R 212 Tollway. As a major employer in Eden Prairie and Chanhassen, Rosemount will benefit greatly from improvements to the SUlTounding infrastructure. The new road is needed to relieve present and future congestion as well as to improve safety conditions along T .H. 5. The proposed tollway will provide improved access for our employees, customers and suppliers. Improvements to this section of highway are long overdue. With the cuts in federal and state funds it does not appear that the road can be built without the use of tolls. I understand that the environmental impact statement has been approved for this project by both state and federal agencies. In addition, more that 67% of the required right of way has been acquired for construction ofT.H. 5 improvements and the new T.H. 212 in Eden Prairie. We believe that the improved roads will be paid for by those who use them. The surrounding roads would be less congested and be ava.i1able as alternate routes for those who do not choose to use the proposed road. Sincerely, ~~tLi Steve Quist President Rosemount Measurement FISHBliIIISfMIIUIT To Whom It Ma}l' Cr;l"cem, I have lived all my life at the intersection of Co. Rd. 4 and Hwy. 212/169. As traffic has increased on this highway, especially the last twenty years, It has become very dangerous. We are all aware 01 the many fatalities on the Chanhassen I Eden Prairie stretch of the present highway 212. I believe that the number of accidents could be reduced by a reduCfion in the numbers of vehicles traveling this highway. There is so much traffic on highway 212 that there is no room for any driver error. I believe that any reduction in the (.rf:!Sent highway 212 traffic would save lives. As to the to/l issue 'believe the government should be paying for our roads - particularly our Interstates. However, because of the dramatic safety concern I think we must carefully c(I'-'si1er building the new highway 212 as a toll road. In my opinion, because safety dwa1s all other issues, a new highway 212 should be built as soon as possible, After the; ast decade of "taJtc-on the new hignway 212 it may be time to get the project donE' ;~.: .. ·0" projed. It has been pretty disappointing as a public project. I believe we must ('onsider this new highway 212 I toll proposal carefully. I wish, for all involved. wi sdor"!'! 1, "his consideration. Sincerely. Sever Peterson ~_27 15:10 1996 FROM: FEB 27 '96 15:10 FROM FEB 27 '96 18:41 FROM IBmmoth Inc. .. 101 w.t 82nd Street Itt. PO$t Otfice 80lC 9333 4,. Chaska, 'Minne5oto 56318-9663 . ' ~J.~~ i , ~Henia Mayor. CitY of Eden. PnUrie 'Eden Prairie Center .,aO Mitchell Road' ~en Pn.ain.. Mm ••• 56144 , . Re: T.H. 212 HiSihwaY Dear·Ma. H...na. TO: 1 612 339 0486 TO 93390981 TO 63379310 PAGE: 2 PAGE.002/003 PAGE.e0ZI'0B3 'As both a ~ enIPIOying over SSG people In ChMka.net" • . ConCerned citizen I think it Ie important that you aurae to wpport the construotion ~the Highway 212 Toll Road. As. new bUai ..... in the Chaska area I hav. been ea.rpriaed by the large volume tJI trafftc an Highway 5leacfmg ~om the-interaecticri with notth/sQuth HighWay 494 and ita intereeCtian with , Highway 41 in Chanhaaeen. Having moved our bueinee. from Plymouth to Chaaka ~ 1984. many of our employees commute frOm the northern auburba via thhl route and regularly camptain of the high lavela d traffIe both morning and night. As an Eden Prairie ...... nt I aIeo.traveI Highway 6 on. regua .. b8aia and can . attest to the Iarge'vatume tIf traffic that is moved on that roadway everyday. I believe that.the conMruction of Highway 212 .. proposed could alleviate a large percentage of the traffic that currently fI~ onto'this roactwey and would provide far batter aco_ to Highway 5 from.orne of the major feedera.uch as Mitchell Road and County Raiad 4. It alao could alleviate the heavy traffic now encountered on the.urr..ce ~ auch as Pioneer Trail. However it would ..... that baNd on the avaUabiraty of highway funding, both . federal and .tate. that there is little hope of having any construction completed until wei, into the 21st·century unt .... form of.namatlve fundino ia fourid. I believe the altemati"-is the toll road being Prcp08ed by the 21.2 CGmmunit;y Highway Auociation-It providea an alternative to the currently crowded , hishways in our community but dow so at a coet to the,.gene"" public that is acceptable. The perception that we can continue to raiea oas taxea to fund all of the required road improvements needed far the eneuing,future ...... highly Unpr~. . A (612:) 361·27n A (612)361-2700 Fax 02,:'27 15: 11 1 996 FROM: TO: 1 612 339 0486 TO 93390981 TO S~~'?9~ UI PAGE: 3 PRGE.003/003 p~GE.aa:3/a0:3 FEB 27 '96 15:10 FROM FEB 27 'SS 1:3:42 FROM .• ~e propGRl ahIO .... a campletlon ~ that.puIa It into aetYiCe •. quick ... tMt . any alternative· ...... tJlpubUclyfunded road ~.ooW.d. 1M .... d with. which the highway cautd.be built under tid. ~ .. would pulit IntD IrorViCe - the communitiM to the west of Eden Prairie continue to grow.anci ·before the curr.nt·~.~ ~ 80 over taxed _ to .... commuting impal •• bIG. l:al8O believe. that the prapalad plan of electraniCIIIIY metering and c..,.ng those individullltnl8ing the road removes one afthe major complaints m . conventional toll roads, that d hlMng to.top to pay the tau. nn method. . • ppears to ·have.been t..ted and sw.oven in other ...... with excellent resutts. The elimination d the convantIon toll booths elevate the concerns normally expr.esMd over tM cIefay$ ift getting either onto or fJff of the roadway. . . I. would enaourage you to enckxae·thia propoeaI not only for the'futunt of·ec-.n Prairie but for 1111 fA the GOmtnUniU-to the South'and weat of our city. . ** TOT~L PRGE.00:3 ** ** TOTRL PRGE.003 ** . 02.,! 27. 15: 22 1996 FROM: FEB-27-96 TUE TO: 1 612 339 0486 16: 17 PAGE: 4 P.04 Counci lm·ember 01 son introduced the following resolution and moved its adoption: CITY OF CHASKA RESOLUTION NO. 96-21 -----~---- RESOLUTION SUPPORTING CONSTRUCTION OF PROPOSED NEW TRUNK HIGHWAY 212 AS A TOLL ROAD . WHEREAS, the City of Chaska ("City") is a Minnesota municipal corporation which is responsible for the public health t welfare and safety of its residents; and WHEREAS, the City is located adjacent to T .H. 212 and its residents depend upon T • H. 212 and T • H. 5 as their principal connections to the Minneapolis-St. Paul area; and WHEREAS, the City has cooperated with and supported the efforts of the cities and counties within the T. H. 212 corridor and the Minnesota Department of Transportation (MNDOT) in efforts to obtain construction of New T • H. 212; and WHEREAS, the centerline for New T .H. 212 was first identified by MNDOT in 1987; WHEREAS, the construction limits for New T .H.212 were reserved on the comprehensive plans of Eden Prairie, Chaska, Chaska and Carver County in 1987; and WHEREAS, Carver County and the Cities of Eden prairie, Chaska and Chaska provided financial and technical assistance to MNDOT to assist in the completion of the Environmental Impact Statement (EIS) for New T.H.212 from 1-494 to Chaska; and WHEREAS, the New T .H.212 project has been included in numerous MNDOT construction programs that proposed construction in 1993 and previous years but the project has never been funded; and WHEREAS, the 1996-1998 State Transportation Improvement program (STIP) includes a project that will construct one mile of the 18 mile New T.H.212 project; and WHEREAS, the State of Minnesota and the federal government have both indicated that neither is likely in the foreseeable future (i.e., before 2015) to be able and willing to appropriate sufficient funds to enable construction of New T • H • 212; and WHEREAS, it currently seems unlikely that the. Minnesota LegislatU:e or Congress will appropriate sufficient new bighway funding to assure construction of New T. H. 212 prior to 2015; and WHEREAS, in recognition of the lack of sufficient future state and federal funding, the Metropolitan Council's transportation plan for the year 2015 indicates 02!27.15:191996 FROM: TO: 1 612 339 0486 PAGE: 2 ~ FEB-27-96 TUE 16:14 P.02 Because the bonds will be revenue bonds secured only by toll revenues t real property taxpayers will have no risk of incurring a tax levy to finance any deficiency in toll revenues; The bond indenture will include a covenant entitling the State of Minnesota to satisfy the remaining indebtedness under the bonds at any time, take title to the project and eliminate the duty to pay tolls; New T .H. 212 is proposed to be a four lane, divided expressway with grade separated intersections, which will be partially or totally depressed in most locations; Two lanes will be added to T .H. 5 between Wallace Road and 1-494 (which will be useable without payment of a toll) at an earlier time than would otherwise be proposed by MNDOT; All previously existing roads crossing the proposed New T • H. 212 right of way will continue to cross New T .H. 212 (by means of grade separated crossings) after its construction; Berms, other sound abatement techniques, landscaping and other measures will be utilized to mitigate any adverse impacts of New T .H. 212 to adjacent property owners; A trustee bank will oversee disbursement of all bond revenues during construction and all toll revenues until the bonds are fully paid; The owner-operator of the tollway will be Association, a non-profit corporation (unless a joint powers agency is agreed upon to replace the following construction); and Construction of New T .H. 212 as a toll road will require a much smaller investment of public funds than if the project were funded solely by federal and state funds. NOW THEREFORE, BE IT RESOLVED, that the City supports the Interwest Proposal to finance, construct, operate and maintain New T. H . 212 as a toll road provided that, notwithstanding the foregoing, City does not hereby waive its rights .pursuant to~. §!!! .• 180.85, Subd. 3. The motion for the adoption of the foregoing resolution was duly seconded by Member Dockter and upon the vote being taken thereon, the following voted in favor thereof: and the following voted against same: aJL100U3 'l'B195·1 3 · 02L27.15:20 1995 FROM: TO: 1 512 339 0485 FEB-27-96 TUE 16:15 PAGE: 3 P.03 that New T .H. 212 will not be completed west of Eden Prairie Road (Hennepin County Road No.4) prior to 2015; and . WHEREAS, there is presently heavy congestion on T. H. 5 and existing T • H. 212 for substantial periods of each day; and WHEREAS, traffic on T . H. 5 at Powers Boulevard was 250\ greater in 1994 than it was in 1988; and WHEREAS, existing T .R. 212 between 1-494 and Chaska is subject to a number of unsafe conditions which, together with heavy traffic and heavy truck traffic, cause this segment of highway to be among the least safe highways in the State of Minnesota; and WHEREAS, the City is convinced that New T. R. 212 must be completed from 1-494 to old T .H.212 west of Chaska as soon as possible and in any event before 2015; and WHEREAS, MNDOT has solicited proposals for construction and financing of new highways as toll roads j and WHEREAS, the Interwest/DLR Infrastructure Corporation ("Interwest") and 212 Community Hiithway Association (ltAssociation") have submitted a proposal to MNDOT for construction of New T.H.212 as a tollway ("Interwest Proposal"); WHEREAS, Interwest and Association have requested that City endorse the Interwest Proposal as beinit in the best interests of the City; WHEREAS, the Interwest Proposal is the only proposal submitted to MNDOT for construction of New T .R. 212 as a tollway; WHEREAS, it is in the best interests of the City that New T. H. 212 be constructed as soon as possible; and WHEREAS, it is not likely that New T .H.212 will be constructed before 2015 if it is not constructed as a toll road. WHEREAS, the Interwest Proposal contemplates that: r.n.100483 THl95-1 All existing routes (including, but not limited to, existingT.R. 212 and T .R. 5) will remain open and available for use without charge after construction of New T.H. 212; Due to diversion of traffic to New T. H. 212, existing T .H. 212, T .H. S and other alternate routes are likely to be substantially less congested if New T .H. 212 is built than if New T .R. 212 is not built; Because New T. H. 212 will be built in 1997 under a single negotiated construction contract, it should be built at a substantial savings as compared with the cost if built over several years and pursuant to several publicly bid contracts; 2 02[27"15:18 1996 FROM: TO: 1 612 339 0486 PAGE: FEB-27-96 TUE 16:13 Whereupon said resolution was declared duly passed Dated: February 26 J 1996 Fax #"3~ -ltl g-, Fad lUL10048l 'nI19!1-1 4 P.01 02-27-1996 12:54 BOARD OF COUNTY COMMISSIONERS CARVER COUNTY, MINNESOTA P.01 DATIi Pebruary 27, 1996 MOTION BY COMMISSIONER. Barl p. 01IID RBSOLUTION NO. __ --=:---=-l-:6-~96--- SECONDBD BY COMMlSSIONBR Tracy D. SWIDIOD COUN'EY OF CARVElt RBSOLUTION SUPPORTING CONS'BUCTION OF PROPOSED NEW TllUNIC HIGHWAY 212 AS A TOLL ROAD WHEREAS, the County of Carver ("County-) is a MinDcaota pernmcntalaubdivllion which il l'CIpODliblc for the public bealtb, welfare and safety of its rcaidcnta; and WHEREAS, the COUDty ia crossed by Trunk Hilhway 212 ("T.R. 212") aud ita residents depend upon T.B. 212 as a principal cmmection to the MinDeapolil--St. Paul arel; aud WHEREAS, the County has cooperated with and supported the efforts of the cities and eounties within and outlide the County and the MiDncsota Department of Tranaportation (MNDOT) In efforts to obtain construction of new T.H. 212; and WHEREAS, the centerline for new T.B. 212 was first Identified by MNDOT in 1967; WHEREAS, Carver County and the Cities of Eden Prairie, Cbanhuaen aDd Cbaska provided fmancial and technical assistance to MNDOf to aslist in the completion of the Environmental Impact Statement (BIS) for new T.H. 212 from 1-494 to Colop; and WHBREAS, the conatrucdon limits for DeW T.H. 212 were reserved on the comprehenlive plllDl of Eden PraIrie, Chanhassen, Chub and Carver County In 1987; and WHEREAS, the new T.H. 112 project has been included in numerous MNDOT construction prOlrams that propOllCd conattuction in 1993 and prcvious years but the project bas aever been funded; and WHEREAS, the 1996-1998 State Traaaportation Improvement ProIfBlD (STIP) includes a project that will CODItruct one mile of the 18 mUe new T.R. 212 project; aad WHEREAS, the State of Minnesota and the federallovemment have both indicated that neither is likely in the foreseeable future (i.e., before 201S) to be able and willlnl to appropriate sufficient funds to enable construction of new T.R. 212; and WHEREAS, it cutrefttly seems unlikely that the Mhmeaota l.eplaturc or COIIIl'esa will appropriate lut1icilllt new highway funding to aslure construction of new T.H. 212 prior to 2015i and WHEREAS, in recopition of the lKk of suftlclent future state aud federal fundinl. the Metropolitan COUDCil'a tranaportation plan for the year lOIS indicates that new T.R. 212 should not be completed west of Eden Prairie Road (Hennepin County Road No.4) prior to 201': and WHEREAS, there is presently heavy CODlation on T.H. 5 and exflting T.R. 212 for substantial periods of each day; and WHEREAS, traffic on T.R. S at Powers Boulevard wu lSO" greater In 1994 than it was in 1988; ami WHEREAS, existing T .H. 212 between 1-494 and Chaska is subject to a number of unsafe cODClitiona which, together with heavy traffic and heavy truck traffic, cause thiI .qment of highway to be among the least safe bighways in the State of Minnesota; and "-Jr' Fall Note BOARD OF COl F .... DATB Pebruary 27, 1996 MOTION BY COMMISSIONER Barl P. GdIn ~LUTIONNO., __________ ~-=~I~~ __ SECONDED BY COMMISSIONBR 'DIcy D. s..m WHBREAS, the County is convinced that new T.H. 212 must be completed from 1-494 to NorwoodlYoun, America as IOOD 18 p08siblc and in my event before 2015; and WHEREAS, MNDOT baa solicited proposals for conatruction aDd financing of new highways 81 toll roads; aDd WHEREAS. the InterweatJDLR IDfraatrudure Corporation (wIntetwcst h ) and 212 Community Highway Association (W Association") have submitted I proposal to MNDOT for construction of new T.H. 212 III tollway (-lDterwest Proposal»; WHEREAS. Interwest aDd Allllociation have n:queated that County endone tbe Iaterwest Proposal as befDI in tbD beat interests of the County;. WHEREAS. the Interwest Propoaalls the only proposal submitted to MNDOT for construction of new T.H. 212 aa a tollway; WHBRBAS, it ia in the beat interests of the County that new T.R. 212 be coastructed as soon 18 posslble; aDd WHEREAS. it is not likely that new T.R. 212 will be couatructed before 2015 if it is not constructed 88 a toll road. All existina routes (including, but not limited to, existing T.H. 212 and T.H. S) will remain open and available for use without charge after constructiOD of new T.H. 212; Due to diveraion of traffic to DeW T.R. 212, exiatiq T .H. 212, T.R. 5 and other alterDatt routes are Ilbly to be substantially leaa congested if new T.H. 212 is built that If new T.H. 212 Is not built; Because new T.H. 212 will be built in 1997 under a sina1e DClotiatcd construction contract. it Iboukl be built at a substantial savings as compared with the coat if built over several years and pursuant to several publicly bid contracta; Because the project will be finuced by Internal R.eveauc Code Section 6320 tax exempt bonda, the bonds are . likely to be sold for approximately 2 Slower iDterest rate than typical revenue bonda; Because the bonds will be revenue boada accured only by toll revenues, real property taXPlyen will have DO risk of incurring a talt levy to fiDaacc any deficicmcy In toll revenues; The bond indenture will Include a cOYeDallt entitIiq the State of Minnesota to satisfy the remaining indebtedness under the bonda at any time, take title to the project and eliminate the duty to pay tolll; New T.H. 212 is proposed to be a four laDe, divided expressway with grade separatecllntenectiou, which will be partially or totally depressed in most locations; Two lanes will be added to T.H. 5 between Wallace Road and 1-494 (wbich will be uaeable without payment of a toU) at an earlier time than would otberwiae be proposed by MNDOT; .' 02-27-1996 12:55 P.02 BOARD OF COUNTY COMMISSIONERS CARVER COUNTY, MINNESOTA DATB FebNIty 27. 1996 ~oLunoNNn, __________ ~~~l"~_ MOTION BY COMMISSIONBlt BarI F. Gam SBCONDBD BY COMMISSJONBR 'DEyn .... All previously existing roads crouing the propOlCd new T.H. 212 rllht of way will contiDue to crou DeW T.R. 212 (by means of grade lCparated crouiDp) after ita CODlltructloa; Berms, other sOWJd abatement techniques, laDdscapilll aa4 other meaaures will be utilized to ndtlptc any adverse impacta of DeW T.H. 212 to adjaceat propeny owoerl; A trustee bank will ovenee di.bunemesu of an bond revenues eluring cODIItruction and all toll revenues until _ bondl are fully paid; The owner-operator of the tollway will be Association, I _.profit corporation (unlesa I joint power. apI1Cy ia aareed upon to replace the AaIociation followinl conatructiOl1); and Construction of new T.H.l11 u a toll road will require a much smaller investment ofpublic fuadJ that If the projea were funded loley by feeleral and .tate fu1Ic:ls. NOW, THEREFORE. BE rr RESOLVED, that the County supports the Interwest Proposal to finance. construct, operate and maintain new T.R. 212 as a toll rOid provided that, notwitbltanc:ling the foreloing, the County does not berchy waive its ri,lbta pursuant to M!!m.. SaL 1160.85, Subd. 3. ' ABSENT NO SarlF.au.n James Hocse. lobn SicSfried Tncy D. SWIDSOII UmdaDimJer STATE OF MINNESOTA COUNTY OF CARVBR I, Ricbard J. Stolz, duly appoiuted and qualified Couoly AdminIllttlror of the County of Carver. S certify tIW I have oompared the foregoiDI ~ of thia raoludon with tile ori 11lll alinutea of me ~ CnmmiMiooen. Carver Couuty. Mbmeaota. It illacuion beld OIl !be 27th day l' 19 aud have fDImd tile SlIDe to be I tIUC IUId correct copy tbereof. " Dated thil 27th day of February, 1996. of Mimaota. do bmby of the DoInl of Coumy die AdmIDlaaation office. .. introducsd :he following resolution and :noved its adoption: CiTY OF COLOGNE R.ESOLUTION ~TO. RESOLUTION SUPPORTING CCNS':r3.:JCr:-:CN OF ?3.0FOSED N:?:,/ TRUNK HIGHWAY 212 AS A TeL:. ],CA:) -NliJ:3.2\S, :be:;~t7:s ~ccated ad':3.cent to T .:1. 212 and ~t3 ~~esidents ds"'::end "'J.:;cn T .H. 2:~ and T .3.3 ?.s :heir :,Jri~~:ipal connsc"!:ions to .he :'Ili:':lneapolis-St. ?aul ,3.I'~a: ~r:.d ~V-::73." \3 ~he -:77 ~J.as ..,,...c· .... e"l>.,."'"0O'· ·.V~···l a"-'o." ~u""'Y"Oc-·~~'='';; ~t..,e ::-?~""'~".,.-or -'.,,,, '"'I"Hes -.... ~~~ ) • .6. ----J.... ....... ..... _-...J .... ~t.._ _ .......... ..::l y~..;I .... _~ ....... 4 .... _""' ........ .;:, J,. "' ....... _ -1..- and ~~1.::J.!ies --:,vit:1in :~1.3 T.:-i.21:J ca!'~~do!' 3.:~d the )Ii."'1.nesota :;e-ca::."~=e:lt or Trans-pc:''''':3."!:ion C'JINDCT) in er'for-.:s :0 Jo·:3.:n~onstr'.1c"!:ion)f )ie":v .-::, . :-::: J:2; and 1967; WH:E:&E.AS, the ~onst::''..lction limits for ~ ew T. H . 212 -,yere reserved on the comprenensi",e plans or 3den ?'!'3.irie, C:1.an.hassen, Cbaska and Caryer County in 1987 j 3.nd -V:1::!::l::!:.AS, Ca:''<7sr Count-r and ~:1e Cities of 3:ien ?:'3.i::,ie. C::anhassen and :::::'las~;:3. ~J:''J..,.:dsd '::nanci31 3.nd" ::=c.i::.1ic31 3.ssistance :0 ;;IN:DC':::' ":0 3.ssist :'n the ·~srrl';l~~:cn J{ :119 3n"(lir0nmen!3.1 =~irpac: 3t3:~eme:-:-c .-::3~ :."ar :Te~;''' -:: .~~.~12 ::~':~ 1-49~ -:0 ::.J.ic·~a; 3.:.-:d ~·V:'::33,7 ~3, the ~Te"/v ·~.:-1.212 ur'J~ec'~ ,~:2.S ;8en :nc~l1dad ~::-: ·_:. .. .::..::a~'J't:s :!i:"!"=C':' :sns·~::-'.lc::'oj,-: )_~'agrams :~~3:: :JI''Jposed Jcnst:"".lct:cn ~n :993 and ~::-"1~-i::1':3 :real"s :t:"i: -:::.e ;-~'J~ect :la8 :leyer Jeen .:\:':1''::'2d; and ·v-..... ~"7 \.:::: ~he 100 0"'-! <::08 <::::T"1-~ '''''-~ans'''''ortation Tm~'~"7-:>'~'='Y'I+ J'''''''~am (STIP) _ .. --.._),~~....,., "".... ...vv _,""v "'-001 4_"'_ _ _ v _ """'" _li ... ~_ ..J . __ .. _ .... l,. - --J"'::t- inc~·_l(ies .3. )l~Q=9c::!1at ~vill const:'''',lct one mile of ::he 13 ·'.:!i~e )Tew T .~-i.212 project; and :V:'i:3:3.::~.AS, the State :;:' :.Iin:1esc-::a and ~he fece::'~3.1~lJv'3:::'!lrr.ent have oath :nc.ic3.tec. ~2J.at :leither :s J!{ely ::r: :119 :'ores29ab1e futU:::-9 '::',2., ~~9Io-.:'e 2C!5 ~ :0 be 3.01e il'1d. -villing to app::copriar2 .31.:~i::c:'·a:r:[ ":·:l:lds ·:0 e!::l.J~~ ·~~ns::'1..lct:cn ~l Ne~N T . H. 212; 3.nd :V:-i:Z3.l\3, it currently seems unlil{ely that ~he ;;linnascC3. Legislature or Con.g:'ess -,v:'.ll J.ppropriate suf:icient :lew ~1igh.way ':unc!ing to assure ~ons.:''..lc::'cn d :0Tew! . :-1. 212 'Prior ":0 2015; and ~'1H:z:aEAS, in :'ecognition or :he lac~.z;: or sufficient ':"'J.tu:'e state .3.nd federal funding, the Metropolitan Counc!l's transportation :Jlan ':or:~e year 2015 indicates :tJL100245 TB195-1 that )rew T. H. 212 will not ae completed west of Eden Prairie Road (Hennepin County Road )ro. 4) prior to 2013; and ~VHE::J.:z...\S, therg ':s -oresentlv :1.eavv congescion on T . H. 5 and existing T . 3:. 212 for substantial periods of each" day; ~nd WliE:R:zAS, traffic on T . H . .3 at Powers Boulevard -.vas 250 95 ~eater in 1994 :han ° • ,::) :t was m 1988; and ~'1JIE:3.:z...-\S, exiscing To :-1 ° ~12 ;:,et:veen I -494 ar..d:::aska is su::~ 20t -:0 :3. :number of '..lnc:afe ""ondi+loons whioc1... -:-"o-cr"'eY> n";th 'nC"~~7""T .,."~",-?-"'~,... :>no" :ne"'-~·~ ""~"c;r --.~o';'::~c .. -\,,# '-~.l , ",,,-", ,::, -' ..... .1. ..... 'tv 4 .i __ ~ ... _ -..._\,..; ..;.&... _ _' • ./ .. ,-_ _~ __ ~.LJ. , cause :his seg:nent 'Jf :1igh.wa:i :0 ;:,e among :::a :eas: 3ar'e ~;ighw2.73 in -:1:1e S ta:e of JIinnesota; and ~V:':!::Z3.:zAS, the City is convincec:.:.hat .::rew ':",:1:. 21~ .:nust"Je :ci:1pleted f:"om I -494 :0 Colcg:le :3.5 soon as ::)os31"")le and in any avent beforg '2015: 3.nd ~1-:~::Z3.:z..~3, :;lr.TDOT ~as 301ici:ec.. :propcsals for ~onsi::~'J.c"':ion and "::inanc::::5" ·'JI new hi gb.wa7S3.5 -toll roads; 3..i.:d -V:1:::E::J.llS, the Interw9s-::/=::)L:3. :nf:-as::"'.::.cture Cor.,oration C'!n:8r'vest") and 212 Community Hi~b.way Association ("Assoc:a:ionl!) haye submitted 3.?roposal "0 =vINDC'-:' ':or:::onstruc:::'cn of New:' ° H. :21::! 3.S 3. ~ollway C'Inter~,yest ?~o1Jcsal"); f1HE3.EAS, Inte:::"vest and )~.ssociation haye requested that Cit:r :mc.orse the Interw'?st Proposal as Jeing in the best interests of the City; 'V:7:E3.J:..\S, t!l9 ::lterwest ?::''J,;csal is the :mly ::>ro:posal submitted to :MNDOT :or ~cnstr':..c::ion of i-Tew T. H. 21:2 as J. :ollway; ~'f3:::E3.:zAS, it :'s :n the besi: :ncarests .J! the City ·:~-:a:: ~Tew· T.:-::. 212 'oe ~cnsL:r'.1c:ed as 300n as =,ossible; 3.nd . ---L _ i.. ~100245 TB195-1 .:--:ad . ,;.~11 e:::,s1:::1~ :~OU·t3S '~~cluc:ing, ~ut not :i!rj~ac. -:C., =:~:s~i:::-;,·~.:~. ~:2 ar.d T o:~. :3! ·vill :.~emai:-: o~en:md available :::::-'.::.:;e -vitb.ct:t cb.arge after ~onsL:::''lc::ion af :Tew T . H. 212; :l19 ~o -::'i-':lerslcn or ~raffic to ~Te;'l '~. :--1 •. !"" . .." 3:':S~::~~""" ~ 'J!:!, -r. :1:. ~ lY'r< "-Lho'" 3.1'to"''''atc """u"'os ·~ro '1"r."i"T 70 '''0 3uOSt"'.,.. .. ~~;--r :9S5 conz3sted .. ..._:....4 l.J ~ __ ... __ '-' __ .I. ___ • ....J 1...... --......... ~'-'-w ..J_ _ ..... ----..... _ if :Tew -:' 03:. 21::! is -.)ui1t~han :f ::-Tew To:-:1. :212:'s ~"1C:: ·.J-....ilt; 3ecausa :'Tew T.:1:. 212 -.viH :,e -:lUilt in 1997 '..lnc.e::.~ 3. 3t.-:=?;le :!egotiated const:-..... c~:on contract, it should °:Je Quilt :3.t:i 3uosta:rcial 3avin~s as Gompared with the ~ost if built Jver 3e~leral :rears J.:;.-:d ::>ursuant to several publicly bid cont:-acts; Because the projec:: -Nill be financed by Internal Revenue Code Sect~on 3320 tax exempt bonds, the bonds are liJ.{ely ~o be sold Ior approximately 2% lower ':'nterest :."'ate than tY3'ical ::oevenue aonds; 2 Because the bonds will be revenue bonds secured only by toll revenues, real property ta:9ayers will have :no risk of incurring a tax levv to finance any deficiency in :011 revenues; v The bend indenture will include a covenant entitling the State of Minnesota to satisfy the :'8maining indebtedness under ~he bonds at any time, take title to the project and eliminate the duty to pay tolls; New T, H, 212 is proposed to be a four lane, divided expressway with grade separated intersections. which. ;vill be par-dally or totally depressed in :nes;: :ocations; Two lanes ~~vill "Je :1cG.2d ~:J . ..,., -.= 5 oet;veen "\lal1ac9 :load and 1-494 (which 'Nill "Je useable ·Nit~1.out -pa:nnentJI 3. tell) at an earlier time than would other"Nise be ]roposed ;:,y .'IINJ:Cr;:' ) All previously ~x:s1:ing roads cr'ossing -:::e ~Jroposed New T, 3:. 212 right of way ','Till cQ:lcinue to cr'oss New ":.:1:, 212 (by means of grade separ~ted crossings) arter its construction; Berms, other sound abatement techniques, landscaping and other measures will be utilized to mitigate any adverse impacts of New T . n. 212 to adjacent property 'Jwners; A trustee bank will )versee disbursement of all oond revenues du:ring construction and all ~oll revenues 'J.ntil :he bonds are .fully paid; The owner-operator of :he tolhvay 'Nill be .\3sociation, a non-prof:t cory oration (unless 3. =oin~ powers agency ~s 3.?eed upon to :replace the following const:r'.lc:ion); and C . ~" ,... ee '"'~" .. '1 "." . ,,,;... -""'al1o,.. ons::ruct::on or .'! ew T • l1.. "-.1;:: as a. i.01 -.:'oad. ·,'lll .. :"'SqUl:r8 a :nt.. ... ~ .. ;:'u •... ~- investment of ~u::::lic funds ~:-:an if ~he prcjec:: ~vere ':unded 301ely oy ~3c:.9~~l 3.nd .313.::3 fU:lds. T:-:e motion :or the a.dOl:)C::OIlJi ::1.8 ":oregoing :,,',:sclutien -Nas duly seconded oy :IIemcer "2.i M ! .... , .. ~ -s -and upon the yote ceing tak.en ~hereon, the following yo~ad in favor thereof: and the following voted 3.gainsl: 3arne: ::tn.1C0245 '!H195-1 ·\1' ,~ "1--:: : '-.I '''-' 3 .' Whereupon said resolution was declared duly passed and adopted. Dated: FF-0RIi Mt '/ 10 , 1996 RJL::'00245 TH195-1 Mayor 4 intl'oduced the following resolution and moved its adoption: COUNTY OF MCLroD llESOLUTION NO. (J ~~ -R 6 c).. -(;0- RESOLUTION SUPPORTING CONSTRUcrION OF PROPOSED NEW TRUNK HIGHWAY 212 AS A TOLL ROAD WHEREAS, the County of McLeod ("County") is a Minnesota governmental subdivision which is responsible for the publio health, welfare and safety of its residents; and WHEREAS, the County is crossed by Trunk Highway 212 ("T .R.212ft ) and its residents depend upon T .R. 212 as a principal connection to the M:im.leapolis-St. Paul area; and WHEREAS, the County bas cooperated with and supported the efforts of the cities and counties Within and outside the County and the Mmnesota Department of Transportation (MNDOT) in efforts to obtain construction of New T .H. 212; and WHEREAS, the centerline for New T .H. 212 was f"lrSt identified by MOOT in 1967; WHElU:AS, Carver County and the Cities of Eden Prairie, Chanhassen and Chaska provided fiDandal and technical assistance to MNDOT to assist in the completion of the Environmental Impact Statement (ElS) for New T . H. 212 from 1-494 to Cologne; and WHEREAS, the construction limits for New T .H.212 w~re reserved on the comprehensive plans of Eden Prairie, Chanhassen, Chaska and Carver County ill 1987; and WHEREAS, the New T .H.212 project has been included in nwnerous MNDOT construction programs that proposed construction in 1993 and previous years but the project has ne"9'er been funded; and WHEREAS, the 1996-1998 State Transportation Impro'9'ement Program (STIP) includes a project that will construct one mile of the 18 Ulile New T.H.212 project; and WHEREAS, the State of Minnesota and the federal government have both indicated that neither is likely in the foreseeable future (i.e., before 2015) to be able and willing to appropriate sufficient funds to enable construction of New T .H.212; and WHEREAS~ it currently seems UDJikely that the Minnesota Lee;islature or Congress will appropriate sufficient new highway funding to assure construction of New T . H. 212 prior to 201~; and WHEREAS, in recognition of the lack of sufficient future state and federal fund:ini;, the Metropolitan Council's transportation plan for the y~ 2015 indicates that New T .S. 212 should not be completed west of Eden Prairie Road (Hennepin County Road No.4) priOl" to 2015; and WBEKEAS, there is presently heavy congestion on T .R. 5 and existing T .H. 212 for substantial periods of eaeh. day; and WHEREAS, traffic on T .H.S at Powers Boulevard Was 250% greater in 1994 than it was in 1988; and WBEKEAS, exis~ T. H. 212 between r-494 and Chaska is subject to a number of unsafe conditions which, together with heavy traffic and heavy truck traffic, cause this segment of highway to be among the least safe highways in the State of Minnesota; and WBEKEAS, the County is convinced that New T . H. 212 must be completed from 1-494 to Cologne as soon as possible and in any event befol"e 2015; and WHEREAS, MNDOT has solicited proposals for con:;truction. and financing of new highways as toll roads; and WHEREAS, the Inte!'West/DLR Infrastrucrure Corporation ("Interwest") and 212 Community Highway Association ("Association") bave submitted a proposal to MNDOT for construction of New T.H.212 as a tollway ("Interwest Proposal"); WBEKEAS, Interwest and Association have requested that County endorse the Interwest Proposal as being in the best interests of the County; WHEREAS, the !nterwest Proposal is the only proposal submitted to MNDOT for construction of New T.H. 212 as a tollway; 'WHEREAS, it is in the best interests of the County that New T. H. 212 be constructed as soon as possible; and WHEREAS, it is not Uke1y that New T .H.212 will be constructed before 2015 if it is not constructed as a toll road. All existing routes (inclu~, but not limited to, existingT.H. 212 and T . H. 5) will remain open and available for use without cha~ after construction of New T .H. 212; Due to diversion of traffic to New T .H. 212, existing T .H. 212, T .H. 5 and other alternate routes are likely to be substantially less congested if New T .S. 212 is bullt than if New T .H. 212 is not built; Beeause New T . H. 212 will be built in 1997 under a smgle negotiated construction contract, it should be built at a substantial sa"rings as compared with the cost if built over several years and pursuant to several publicly bid contracts; Because the project will be financed by Internal Revenue Code Section 6320 tax e..~ealpt bonds, the bonds are likely to be sold for approximately 2% lower interest rate than typical revenue bonds; 2 Because the bonds will be revenue bonds secured only by toll revenues, real property taXpayers will have no risk of in~ a taX levy to finance any deficiency in toll revenues; The bond indenture will include a covenant entitling the State of Minnesota to satisfy the remaining indebtedness under the bonds at any timet take title to the project and eliDrlnate the duty to pay tolls; New T .H. 212 is proposed to be a four laDe, divided expressway with grade separated intersections, which will be partially or totally depressed in most locations; Two lanes will be added to T. H. 5 between Wallace Road and 1-494 (which will be useable without payment of a toll) at an earUer time than would otherwise be proposed by MNDOT; All previously existing roads crossing the proposed New T . B. 212 ~t of way will continue to cross New T. H. 212 (by D1MDS of grade separated crossings) after its construction; Berms, other sound abatement teclmiq,ues, landscaping and other measures will be utilized to mitigate any adverse impacts of New T . H . 212 to adjacent property owners; A trUstee bank vwill oversee disbursement of all bond revenues during construction a.nd all toll revenues until the bonds are fully paid; The owner-operator of the tollway will be Association, a non-profit corporation ('Ullless a joint powers agency is ~ upon to replace the Association following construction); and Construction of new T . H. 212 as a ton road will req,uire a much smaller investment of public funds than if the project were funded solely by federal and state funds. NOW THEREFORE, BE IT ll.ESOLVED, that the County supports the Interwest Proposal to finance, construct, operate and mailltain New T • B. 212 as a tollroed. The Ulotion for the adoption of the foregoing resolution was duly seconded by Member f'7ieof""lff< and upOn being taken thereOn, the following voted in favor the : En,!"", I U'5 e.. i-l.imrL; N/~' . I i,v~nyt.Y/" and the following voted against same: 3 ---~ ... -.... -•• __ •• _ •• _ .. _r!!!'_OY _a'".2~ Where upon said resolution was declared duly passed and adopted. Dated: ref,.?o , 1996 4 FROM CITY OF GLENCOE PHONE NO. 612 864 6405 Councilman Bullert introduced the following l.'eSolution and moved its adoption: CITY OF GLENCOE IlESOLUTION NO. _1_9..;.,9_6_-_0_7 ___ _ BESQLU1."'ON SUPPORTING CONSTRUCTION OF PROPOSED NEW TRUNK HIGHWAY 212 AS ATOLL ROAD WHEREAS. the City of Glencoe ("City") is a Minnasota municipal col"poration which is responsible for the public health, welfare and safety of its residents; and WHEREAS. the City is located adjacent to T.O. 212 and ita residents depend upon T • H. 212 and T • H. 5 as their principal connections to the Mfnneapollil-St. Paul area; and WHEREAS. the City bus cooperated with and supported the efforts of the cities and counties within the T.H.212 corridor and the Minnesota Department ot Transportation (MNDOT) in efforts to obtain construction of New T. H. 212; and WllEB.EAS. the centerlinG for New T. B. 212 'WaS f"U'St identified by MNDOT in 1987; WHEREAS, the construction limits for New T. H . 212 were reserved on the comprehensive plans of Eden Prairie, Cbatabessen, Chaska and Carver County in 1987; and WBEJU:AS, Carver County and the Cities of Eden P1"al1"ie. Chanhassen and Chaska provided financlal and technical essfstanoe to MNDOT to aa&1at in the completion of the Environmental Impact Statement (EIS) COl" New T .H.212 from 1-494 to Cologne j and WHEREAS, the New T.H.212 project has boon included in numerouB MNDOT construction programs that proposed construction in 1993 and previouB years but the projeot bas never been funded; and WRDEAS, ths 1996-1998 State TranspoZ'tation Imp1'Ovement Proltr&lD (STIP) mcludes a project that wm construct one mile of the 18 mile New T.IL212 project; and WHEREAS t the Stale of Minnesota and the federal govePllmAnt have both Indicated that neither is likely in the foreseeable future (i.e •• before 2015) to be able and wnUng to appropriate sufficient funds to enable construction ot New T. H .212; and WHEKEAS. it currently seems unlikely that the Minnesota Legislature or Congress will appropriate sufficient new highway runding to assure construction of NAw T • H. 212 PM01' to 2015; and WHEREAS, in recognition of the lack. of sufficient future state snd federal funding, the Metropolitan Councll's tranBpol'taUon p18n Cor the year 20151ndicates '. FROM CITY CF GlENCOE PHONE NO. 612 864 6405 that New T • H. 212 will not be coblpleted west of Eden Prairie Road (Hennepin County Road No.4) prior to 2015; and WHEREAS, there is presently heavy congestion on T .H. 5 and existing T .H. 212 for substantial p~'l"iods of eaoh day; and DEREAS, traffic on T • H. 5 at Powers Bou1e~al'd was 250\ greater in 1994 than it W8sin 1988; and WHDEAS, existing T. H. 212 between 1-494 and Chaska is subjAot to a number of unsafe conditions which, together with heavy traffic and hsavy truck traffic, cause this sepent of highway to be BUlong the least safe highways in the State of Minnesota; and WBBREAS, the City Is convinced that New T. H. 212 mat be completed from I -494 to Cologne as Boon as possible and in any event before 2015; and WHDEAS, MnDOT baa solicited proposals for construotion and financing of new highways as toll roads; and WBU.KAS, the Interwetlt/DLR Infrastructure Corporation ("Ynterwest") and 212 Community Highway Association ("Association") ha~9 submitted a proposal to MNDOT for construction ot' New T . H. 212 as a tollway ("Interwest Proposal") ; WHEREAS, lnterwest and Association have l'9queuted that City endorse the Interwest Proposal as being in the best interests of tha City; WllEBKAS, the lnterwest ProposB1 is the only proposal subtnitted to MNDOT for construction or New T.R. 212 as B tollway; WHEREAS, It is in the best interests of the City that New T. H. 212 be constructad BS Roon as possible i and WBUEA~J l't is not Ukely that New T. H. 2U will be constructed before 2015 If it is not constructed as Il toll road. WHEREAS, the Interwest Proposal contemplates that: -.,r.l002" 'l'819!i-l All extsting routes (iucluding, but not limited to, existingT .R. 212 and T .H. 5) will remain open and available fOJ" use without cbargc after constl'Uction of New T. H. 212; Due to diversion of traffic to New T .H. 212, eldsting T .H. 212. T .H. 5 and other alternate routStl are likely to be Bubstantiall:y less congested If New T.H. 212 is built than If New T.H. ~12 is not bullt: Be('.B.use New T. H. 212 will be built In 1997 under a Ringle ne~tiated construction contract, it should. be built at a substantial savings 8S compared with the cost it buill over several yeaI'S and pursuant to several publicly bid contracts; Because the project will be financed by InteI'Dal Re~Anue Code Section 6320 tax exempt bonds, the bonds are likely to be Bold for approximately 2% lower interest rate than typicu1 revenue bonds j .. FROM CITY IF GLENCOE PHONE NO. 612 864 6405 Because the bonds will be revenue bonds secured nnly by toU revenues, real property taxpayers w.ill have no risk of incurring a tax levy to t1Dance any deficiency in toll revenues; The bond indenture will include a covcmant entitling the State of Minnesota to satisfy the remaining indebtedness under the bonda at any time, take title to the project and eliminate the duty to pay tolls; New T .H. 2121s proposed to be a four lane, dividad. expressway with grade separated intersectioll8, whieh will be partially or totally depresElAd in most locations j Two lanes will be added to T. H. 5 between Wallace Road and 1-494 (which will be useable without payment of a toll) at an earUer time than would otherwlae be proposed by MNDOT; All previously exl&ting roads crossing tho pzoopoaed New T • H. 212 right of way wHI-continue to cross New T .H. 212 (by means of grade eepara.ted crossings) after its construction; Berms, other Hound abatement teohniques J landac:!llpintr and other measures will be utlUzed to mitigate any advene impaots of New T • B • 212 to adjacant property owners; A trustee bank wlll oversae diabuNement of all bond revenues durin" construction and aU toll re'f'enues until the bonds are fully paid; The owner-operator of the tollway will be Association. a non-proftt corporation (unless a joint powers agency is agreed upon to replace the AssociAtion following construction); and Construction of new T . H. 2U as a to1l1"OB.d will requt'l'8 a much szna11er investment of pubUc funds than if the projeot wore funded solely by federal and state funds. NOW THUEFOBE, BE IT RESOLVED" that tho City supports the Interwest Proposal to finance, construct, operate and maintain New T .H.212 as a toll road. The motion for the adoption of the foregoing resolution was duly seconded by Member Nelijon and upon the vote being taken thereon, thef'ollowing voted in favor thereof: Bullert, Nelson, Shamla, Roberts, Ballard and the following voted against same: None 3 P04 FROM CITY OF I?LENCOE PHJNE NO. 612 864 6405 Whereupon sald resolution was declared duly passed and adopted. Dated: February 20 I 1998 Curt Rutske Mayor Ma;oJc D. Larson Attest: City Clerk 4 ~eb-23-96 03:56P City of Young America 612-467-2645 Councilmember Durbin introduced the following resolution and moved its adoption: CITY OF YOUNG AMERICA RESOLUTION NO. 1996 -15 RESOLlITION SUPPORTING CONSfRUCTION OF PROPOSED NEW TRUNK HIGHWAY 212 AS A TOLL ROAD WHEREAS, the City of Young America ("City") is a Minnesota municipal corporation which is responsible for the public health, welfare and safety of its residents; and WHEREAS, the City is located adjacent to T.H. 212 and its residents depend upon T.H. 212 and T.H. 5 as their principal connections to the Minneapolis-St. Paul area; and WHEREAS, the City has cooperated with and supported the efforts of the cities and counties within the T.H.212 conidor and the Minnesota Department of Transportation (MNDOT) in efforts to obtain consttuctio of New T .H. 212; and WHEREAS, the centerline for New T.H. 2i2 was first identified by MNDOT in 1967; WHEREAS. the constniction limits for New T.H.212 were reserved on the comprehensive plans of Eden Prairie, Chanhassen. Chaska and Carver County in 1987; and WHEREAS, Carver County and the Cities of Eden Prairie, Chanhassen and Chaska provided fmandai and technical assistance to MNDOT to assist in the completion of the Environmental Impact Statement (EIS) for New T.H.212 from 1-494 to Cologne; and II.1tl00242 TH195-1 P.02 Feb-23-96 03:56P City of Young America 612-467-2645 WHEREAS, the New T.H.212 project has been included in numerous MNDOT construction programs that proposed construction in 1993 and previous years but the project has never been funded; and WHEREAS, the 1996-1998 State Transportation Improvement Program (STIP) includes a project that will construct one mile of the 18 mile New T.H.212 project; and WHEREAS, the State of Minnesota and the federal government have both indicated that neither is likely in the foreseeable future (i.e., before 2015) to be able and willing to appropriate sufficient funds to enable construction of New T.H.212; and WHEREAS, it currently seems unlikely that the Minnesota Legislature or Congress will appropriate sufficient new highway funding to assure construction of New T.H.212 prior to 2015; and WHEREAS, in recognition of the lack of sufficient future state and federal funding, the Metropolitan Council's transportation plan for the year 201S indicates that New T.H. 212 will Dot be completed west of Eden Prairie Road (Hennepin County Road No.4) prior to 201S; and WHEREAS, there is presently heavy congestion on T.H. 5 and existing T.H. 212 for substantial periods of each day; and WHEREAS, traffic on T.H.5 at Powers Boulevard was 250% greater in 1994 than it was in 1988; and RJL100242 "11195·1 2 P.03 F-eb-23-96 03:56P City of Young America 612-467-2645 WHEREAS, existing T.H. 212 between 1-494 and Chaska is subject to a number of unsafe conditions which. together with heavy traffic and heavy truck traffic. cause this segment of highway to be among the least safe highways in the State of Minnesota; and WHEREAS, the City is convinced that New T.H. 212 must be completed from 1-494 to Cologne as soon as possible and in any event before 2015; and WHEREAS, MNDOT has solicited proposals for construction and financing of new highways as toll roads; and WHEREAS, the Inrerwest/DLR Infrastructure Corporation ("Interwest") and 212 Connnunity Highway Association (" Association ") ~ave submitted a proposal to MNDOT for construction of New T.H.212 as a tollway ("Interwest Proposal"); WHEREAS, Interwest and Association have requested that City endorse the Intcrwcst Proposal as being in the best interests of the City; WHEREAS. the Inrerwest Proposal is the only proposal submitted to MNDOT for construction of New T.H. 212 as a tollway; WHEREAS. it is in the best interests of the City that New T.R. 212 be constructed as soon as possible; and RJLl00242 T11195-l 3 P.04 Feb-23-96 03:57P C;ty of Young Amer;ca 612-467-2645 WHEREAS. it is not likely that New T.H.212 will be consaucted before 2015 if it is not constructed as a toll road; and WHEREAS. a trustee bank will oversee disbursement of all bond revenues during construction and all toll revenues until the bonds are fully paid; and WHEREAS, construction of New T.R 212 as a toll road will require a much smaller investment of public funds than if the project were funded solely by federal and state funds. NOW mEREFORE, BE IT RESOLVED, that the City supports the Interwest Proposal to fInance. construct, operate and maintain New T.H.212 as a tollroad. The motion for the adoption of the foregoing resolution was duly seconded by Member No 11 and upon the vote being taken thereon, the following voted in favor th~ot Stephen Udell, Robert Saarloos J Robert Durbin, John Noll. Kathy Green and the following voted against same: Whereupon said resolution was declared duly passed and adopted. Dated: February 22 • 1996 Rol'L100242 'l'II195-1 4 P.os ,. FEB-26-96 MON 09 :34 AM NORWOOD 612 467 3773 .. LaVonne Kroells ________ introduced the following resolution and moved its adoption: CITY OF NORWOOD RESOLUTION NO. _1_9_96_-_0_4 __ _ RESOLUTION SUPPORTING CONSTRUCTION OF PROPOSED NEW TRUNK HIGHWAY 212 AS A TOI.L ROAD WHEREAS, the City of Norwood ("City") is a Minnesora municipal corporation which is responsible for the public health, welfare and safety of its residents; and WIIEIU~AS.lhe City is localed adjacent to T.n. 212 and its residents depend upon T.H. 212 and T.H. 5 as their principal connections to the Minneapolis-St. Paul area; and . WHEREAS, the City has cooperated with and supported the efforts of the cities and counties within the T.H. 212 corridor and the Minnesota Depanment of Transporta tion (MNDOT) in the effort to obtain COnstnlction of New T.H. 212; and WHEREAS, the centerline for New T.H. 212 was first identified by MNDOT in 1967: WHEREAS, the construction limits for New T.H.212 were reserved on the comprehensive plans of Eden Prairie, Chanhassen, Chaska and Carver County in 1987: and WHEREAS, CBlVer County and the Cities of Eden Prairie. Chanhassen and Chaska provided financial and technical assistance to MNDOT to assist in the completion of the Environmental Impact Statement (EIS) for New T.H.212 from 1-494 to Cologne: and Ro:JLlOOltl THUS-l P.02 #'0 FEB-26-96 MOH 09: 34 AM HORWOOD 612 467 3773 WHEREAS. substantial public investments have been made In the proposal to construct New T.H. 212 through planning. design. acquisition of right of way and relocation of persons and businesses displaced from the project area; and WHEREAS, the New T.H.212 project has been included in numerous MNDOT construction programs that proposed construction in 1993 and previous years but the project has never been funded: and WHEREAS. the 1996-1998 Slate Transportation Improvement Program (STlP) includes a project that will construct one mile of the 18 mile New T.H.212 project: and WHEREAS, the State of Minnesota and the federal goveroment have both indicated that neither is likely in the foreseeable futW'e (i.e., before 2015) to be able and willing to appropriate sufficient funds to enable construction of New T.H.212: and WHEREAS, it currently seems unlikely that the Minnesota Legislature or Congress will appropriate sufficient new highway funding to assure construction of New T.H.212 prior to 2015; and WUEREAS, in recognition of the lack of sufficient future state and federal funding. the Metropolitan Council's transportation plan for the year 2015 indicates that New T.H. 212 will not be completed west of Eden Prairie Road (Hennepin County Road No.4) prior to 2015; and ""1.100241 'l'H19S·1 " 2 p.e3 ... FEB-26-96 MON 09:35 AM NORWOOD 612 467 3773 WHEREAS, there is presently heavy congestion on T.H. 5 and existing T.H. 212 for substantial periods of each day; and WHEREAS, traffic on T.H.S at Powers Boulevard was 250% greater in 1994 than it was in 1988; and WHEREAS, existing T.H. 212 between 1-494 and Chaska is subject to a number of unsafe conditions which, together with heavy traffic and heavy truck traffic, cause this segment of highway to be among the least safe highways in the State of Minnesota; and WHEREAS, the City is convinced that New T.H. 212 must be completed from 1-494 to Cologne as soon as possible and in any event before 2015; and WHEREASs MNDOT has solicited proposals for construction and financing of new highways as loll roads; and WHEREAS, the Interwest/DLR Infrasttucture COq>oration ("Interwest") and 212 Community Hjghway Association ("Association") have submitted a proposal to MNDOT for construction of New 1'.H.212 as a tollway ("Inlerwcst Proposal"); WHEREAS, Interwest and Association have lequested that City endolSc the Inrerwest Proposal as being in the best interests of lhe City; RJI.100:!41 TIII"S'I • 3 P.04 FEB-26-96 MON 09:35 AM NORWOOD 612 467 3773 -... WHEREAS, it is not likely mat New T.H.212 will be consttucted before 2015 if it is not constructed as a toll road; and WHEREAS, a trustee bank will oversee disbursement of aU bond revenues during conslIUction and all toll revenues until the bonds are fully paid; and WHEREAS. constIUCtion of New T.H. 212 as a toll road will require a much smaller investment of pl:lblic funds than if the project were funded solely by federal and state funds. NOW TIlEREFORE, BE IT RESOLVED, that the City supports the Interwest Proposal to finance. construct. operate and maintain New T.H.212 as a tollroad. The motion for the adoption of the: foregoing resolution was duly seconded by Member Dorothy Bohnen and upon the vote being taken thereon, me following voted in favor thereof: Gene Miller Jr •• LaVonne 1<roells Dot'othy Bohnen Mike Mcl»adden Tim Irvin Mayor and the following voted against same:: None Whereupon said resolution was declared duly passed and adopted. Dated: 2/22/96. 1996 IlJL1002U TK1!IS· J 4 IS/Gene Miller Jr~ Mayor P.05 ___ C_A_P_A_U_L ____ introduced the following resolution and moved its adoption: CITY OF OLIVIA RESOLUTION NO. -....:9;..::6:--...,;:8:....--___ _ RESOLUTION SUPPORTING CONSTRUCTION OF PROPOSED NEW TRUNK HIGHWAY 212 AS A TOLL ROAD WHEREAS, the City of Olivia ("City) ia a Minnesota municipal corporation which is responsible for the public health, welfare and safety of its residents; and WHEREAS, the City is located adjacent to T.H.212 and its residents depend upon T .H. 5 and T .H. 212 as their principal connections to the Minneapolis-St. Paul area; and WHEREAS, the City has cooperated with and supported the efforts of the cities and counties within the T. H. 212 corridor and the Minnesota Department of Transportation (MNDOT) in efforts to obtain construction of New T.H. 212; and. WHEREAS, the centerline for New T .H. 212 was first identified by MNDOT in 1967; WHEREAS, the construction limits for New T.H.212 were reserved on the comprehensive plans of Eden Prairie, Chanhassen, Chaska and Carver County in 1987; and WHEREAS, Carver County and the Cities of Eden Prairie, Chanhassen and Chaska provided financial and technical assistance to MNDOT to assist in the completion of the Environmental Impact Statement (EIS) for New T .H.212 from 1-494 to Cologne; and WHEREAS, the New T.H.212 project has been included in numerous MNDOT construction programs that proposed construction in 1993 and previous years but the project has never been funded; and WHEREAS, the 1996-1998 State Transportation Improvement Program (STIP) includes a project that will construct one mile of the 18 mile New T. H. 212 project; and WHEREAS, the State of Minnesota and the federal government have both indicated that neither is likely in the foreseeable future (1. e., before 2015) to be able and willing to appropriate sufficient funds to enable construction of New T.H.212; and WHEREAS, it currently seems unlikely that the Minnesota Legislature or Congress will appropriate sufficient new highway funding to assure construction of New T.H.212 prior to 2015; and WHEREAS, in recognition of the lack of sufficient future state and federal funding, the Metropolitan Council's transportation plan for the year 2015 indicates R.n.100677 TB195-1 that New T. H. 212 will not be completed west of Eden Prairie Road (Hennepin County Road No.4) prior to 2015; and WHEREAS, there is presently heavy congestion on T.H. 5 and existing T.H. 212 for substantial periods of each day; and WHEREAS, traffic on T . H. 5 at Powers Boulevard was 250% greater in 1994 than it was in 1988; and WHEREAS, existing T . H. 212 between 1-494 and Chaska is subject to a number of unsafe conditions which, together with heavy traffic and heavy truck traffic, cause this segment of highway to be among the least safe highways in the State of Minnesota; and WHEREAS, the City is convinced that New T.H. 212 must be completed from 1-494 to Cologne as soon as possible and in any event before 2015; and WHEREAS, MNDOT has solicited proposals for construction and financing of new highways as toll roads; and WHEREAS, the Interwest/DLR Infrastructure Corporation ("Interwest") and 212 Community Highway Association ("Association") have submitted a proposal to MNDOT for construction of New T.H.212 as a tollway ("Interwest Proposal"); WHEREAS, Interwest and Association have requested that City endorse the Interwest Proposal as being in the best interests of the City; WHEREAS, the Interwest Proposal is the only proposal submitted to MNDOT for construction of New T . H. 212 as a tollway; WHEREAS, it is in the best interests of the City that New T.H. 212 be constructed as soon as possible; and WHEREAS, it is not likely that New T .H.212 will be constructed before 2015 if it is not constructed as a toll road. WHEREAS, the Interwest Proposal contemplates that: RJL100677 TB195-1 All existing routes (including, but not limited to, existing T. H. 212 and T . H. 5) will remain open and available for use without charge after construction of New T.H. 212; Due to diversion of traffic to New T .H. 212, existing T .H. 212, T .H. 5 and other alternate routes are likely to be substantially less congested if New T .H. 212 is built than if New T .H. 212 is not built; Because New T . H. 212 will be built in 1997 under a single negotiated construction contract, it should be built at a substantial savings as compared with the cost if built over several years and pursuant to several publicly bid contracts; Because the project will be financed by Internal Revenue Code Section 6320 tax exempt bonds, the bonds are likely to be sold for approximately 2% lower interest rate than typical revenue bonds; 2 Because the bonds will be revenue bonds secured only by toll revenues, real property taxpayers will have no risk of incurring a tax levy to finance any deficiency in toll revenues; The bond indenture will include a covenant entitling the State of Minnesota to satisfy the remaining indebtedness under the bonds at any time, take title to the project and eliminate the duty to pay tolls; New T.H. 212 is proposed to be a four lane, divided expressway with grade separated intersections, which will be partially or totally depressed in most locations; Two lanes will be added to T .H. 5 between Wallace Road and 1-494 (which will be useable without payment of a toll) at an earlier time than would otherwise be proposed by MDOT; All previously existing roads crossing the proposed New T . H. 212 right of way will continue to cross New T .H. 212 (by means of grade separated crossings) after its construction; Berms, other sound abatement techniques, landscaping and other measures will be utilized to mitigate any adverse impacts of New T .H. 212 to adjacent property owners; . A trustee bank will oversee disbursement of all bond revenues during construction and all toll revenues until the bonds are fully paid; The owner-operator of the tollway will be Association, a non-profit corporation (unless a joint powers agency is agreed upon to replace the Association following construction); and Construction of New T . H. 212 as a toll road will require a much smaller investment of public funds than if the project were funded solely by federal and state funds. NOW THEREFORE, BE IT RESOLVED, that the City supports the Interwest Proposal to finance, construct, operate and maintain New T.H.212 as a tollroad. The motton for the adoption of the foregoing resolution was duly seconded by Member B A I LEY and upon the vote being taken thereon, the following voted in favor thereof: Saeger, Kohout, Bailey, Capaul, Miller and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. RJL100677 'I'B195-1 3 Dated: 2--?--0 R.JL100677 TH195-1 , 1996 J~R. m=« Mayor 4