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HomeMy WebLinkAbout1998-11-12 OPH CDD Memo to City Admin. & CA Re MnDOT Revised MOACit of Oak Park 11eight, 14168 57 Street N® Box 2007 ® Oak Park Heights, MN 55082 ® Phone (651)439-4439 ® Fax 439 -0574 I lenno To: Tom Melena Mark Vierling From: Kris Danielson Date: 11/12/98 Rea Revised Memo of Understanding Attached please find a copy of the revised Demo of Understanding for the MNDOT borrow pit excavation. As a result of Tuesday's City Council meeting, I have added paragraph 1 outlining the Council's opposition to any excavation at "site 2 and have amended numbered paragraph 3 to include a dollar figure of $25,000. At the same time 1 am unclear what an "undue hardship" would be for the State on a project of this size and am open for suggestions in this area. This document is stored as MNDOT Memo of Understanding in my computer. As I will be out of the office on Friday, November 13, please feel free to amend this document as required in my absence. TREE CITY U.S.A. MEMORANDUM OF UNDERSTANDING The City of oak Park Heights has been approached by the Minnesota Department of Transportation ( MNDOT) regarding MNDOT's intent to excavate borrow pits at the "Site 1 `Site 2 ", and `Site 3" locations adjacent to Highway 36 and Beach Road. The City of oak Park Heights, for the general welfare and benefit of the community, outlines the mutually agreed upon conditions and circumstances under which the excavation activity and subsequent landfill activity shall be conducted. These conditions are as follows: 1. The City of oak Park heights is strongly opposed to any excavation at site 2. No excavation shall take place at site 2 and every attempt will be made by the Minnesota Department of Transportation to utilize soils from other sources. 2. The Minnesota Department of Transportation agrees to maintain a three-to-one foot slope at the excavation site(s) and will provide for a level bottom. Upon the completion of excavation at any site, MNDOT agrees to provide a soil cap, topsoil, and seed consistent with industry standards - all work will be completed by raid May 1999. 3. The Minnesota Department of Transportation agrees to protect and save all boulevard trees associated with the site(s) and will protect and save all maple trees to the west of the properties. MNDOT will identify all "significant" trees located on the site(s) and will a list of "significant " trees to the City of Oak Park Heights Arborist, Kathy widin. MNDOT will protect and save all "significant" trees located on the site(s) so long as their preservation does not cause NINDOT undue hardship (in excess of $25,000) in the overall completion of their project. 4. The Minnesota Department of Transportation will allow the City of oak Park heights to freely access the MNDOT owned sites for the repair and maintenance of all utility infrastructure located on the site(s). MNNDOT staff will work earnestly with City of Oak Park Heights' staff to procure the necessary internal permit from MNDOT to allow for long -term access to the site(s). 5. The Minnesota Department of Transportation will not utilize this property for mining and all ash and slag excavation will be completed by December 31, 1998. IN WITNESS WHEREOF, the parties have hereunto set for the their hands and seals this day of , 1995 CITY OF OAK PARK. HEIGHTS David Schaaf, Mayor Thomas M. Melena City Administrator Adam Josephson Minnesota Department of Transportation