HomeMy WebLinkAbout1998-12-10 OPH CDD Memo to City Admin & CA Re MnDOT MOAMemo
Re:
City of
Oak Park Heights
14168 57 Street N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax 439-0574
To: Tom Melena
From: Kris Danielson
Cc: Mark Vierling
Date: 12/10/98
MNDOT Memo of Understanding
Adam Josephson has responded to our proposed Memo of Understanding and would
prefer a more informal agreement. Enclosed with this memo please find a draft letter from
Adam which outlines MNDOT's activities and responds to issues of concern raised by the
City Council.
Please review this letter and advise as to how to proceed. Thanks.
TREE CITY U.S.A.
METRO PLANNING 3 SOUTH Fax :612 -582- 1308 Dec 9 '98 16:00 P. U 1
December 9, 1998
m Melena
O ark Heights
Box • 7
14 168 57 "` treet North
1,
Oak Park Iiei • MN 55082
Dear Mr. Melena:
FAX:439 -0574
ATTN: Kris Danielson
In regards to the DRAFT MOCK sent to me on December 8th, have several changes but thought a letter
between you and 1 might be a more efficient way to cover what both the city and Mr DOT want to see in
conjunction with the slag removal project.
As you know, the purpose of the project is to remove industrial waste from the Mn DOT owed portion
of the NSP landfill located in Oak Park Heights. Specifically, slag and fly ash is being removed from the
portion of the landfill that the state purchased for the I °Iighway 36 project. The site is an older portion of
the NSP landfill that does not have a base liner or a suitable cap over the site. Potential ground water
contamination has been a concern with the site for a number of years, The Highway 36 upgrades
associated with the new river crossing were to have addressed the site, However, as you know the
project was stopped arid has an uncertain future. Because of this uncertainty, the Minnesota Pollution
Control Agency is requiring MnJDOT to, at a minimum, place a temporary cover over the site by the end
of 1999 and a permanent cover on the site within the next two years. MDJDOT decided, from an
environmental standpoint, that the best course of action was to remove the majority of the slag and fly
ash from site, place a deep soil cover over the area, and permanently close the state portion of the
landfill. It was further decided, that to minimize project costs that soils from the abutting areas would be
utilized instead of hauling additional soil to the site from outside sources.
In discussions with the city, a number of concern areas were identified and 1 offer the following
responses to each of the identified concerns.
1) Avoid borrow area #2 because it impacts abutting residential properties.
Borrow area #2 was identified because it was to have been disturbed as part of the planned
Highway 36 improvements. A frontage road connection to Beach Road was to have been built
on the site to provide access to the area. Because of the uncertainty of the future plans for
Highway 36, I do not currently know if this area will be impacted in the same way or not.
Because of the potential residential and city concerns with borrow area #2, Mn DOT has
committed to the city to explore alternate soil sources for the required capping materials.
Preliminary cost estimates from the contractor indicate that to bring soils in from outside sources
and eliminate the need for borrow area #2 will add over $ 100,000 to the project cost, which I
think is an unreasonable increase. Another option that MnJDOT is investigating is to utilize
excess soils from a wetland project near the prison planned in 2000. The option that will be
explored with. the DNR, who owns the property, is if soils can be removed in advance of the
wetland project :Cor the capping project.
METRO PL NING 3 SOUTH Fax:612- 582 -1308 Dec 9 '98 16 :00 P.02
Tom Melons
Page 2
December 9, 1998
2) Borrow areas #1 and 43 concerns; trees and finished slopes.
3) Schedule concerns.
4) Maintenance of existing city utilities in MI/]DOT right-of-way purchased for the Highway 36 project.
These four concern areas are directly related to the Mn/DOT slag and fly ash removal project (SP 8214
134). I hope the responses adequately address the city's concerns with this project. Please contact
either myself at 582 -1320 or the projects Construction Engineer, Dave Reinsch, at 779 -5013 if you have
any further concerns.
Sincerely,
If borrow area #2 needs to be used, Mn/DOT will work with the city to provide gees and/or
shrubbery to replant some of the borrow area to reestablish the natural screen that is lost.
Because of the city's concerns with tree removals, Win./DOT has committed to try to preserve
boulevard trees along the west and east sides of borrow areas #1 and #3 and particularly the
maples along the westside of area #1. The Construction Engineer, Dave Reinsch, is willing to
field review both areas with the city's arborist to identify the trees that we anticipate being able
to save.
Saving trees in borrow areas 41 and #3 has reduced the volume of soil available in those areas.
To partially compensate for the volume reduction and to reduce the need to disturb other areas to
get the 'needed soils, the Mopes in the borrow areas will be closer to 1 :2 instead of 1:3 as
originally proposed. A level bottom is part of the design plans. Also in accordance with the
plans and specification, topsoil will be spread over all disturbed areas and seeded to insure
proper ground cover.
It is anticipated that the slag excavation will be completed by December 31, 1998 and the overall
project will be completed by May 15, 1999. These are planned dates and currently appear to be
attainable.
1 discussed the need for a permit for the city to maintain existing city utilities on state owned
R" with the Mn/DOT permit section. They said that the city would not need a permit to access
and maintain existing city utilities, however, any new utilities would require a permit. Also, as
discussed at the November 10, 1998 council meeting, believe access rights were part of a
previous discussions between the city and MOOT. In summary, the city can access State R/W
in the concern area to repair and maintain city utilities. Damages to city utilities directly related
to the slag removal project activities will be made as part of the project and at the state or
contractors expense. Any other utility repairs and expenses would be the city's responsibility.
Adam Josephson
Project Manager
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOt) made and entered into
by and between the State of Minnesota, Department of
Transportation, hereinafter referred to as the "State" and the City
of Oak Park Heights, hereinafter referred to as the "City";
y
WITNESSETH:
WHEREAS, the State has prepared and presented layout plans to
the City for the reconstruction of the State Highway 36 Corridor in
the City and the construction of a bridge crossing the St. Croix
River from the City; and,
WHEREAS, during the review process, regarding said plans, a
number of issues have arisen which the parties hereto have
discussed, and desire to resolve to writing; and,
WHEREAS, Minn. Stat. 161.20 Subd. 2 (1994) authorizes the
Commissioner of Transportation to make arrangements with and
cooperate with any governmental authority for the purpose of
constructing, maintaining and improving the Trunk Highway System.
NOW, THEREFORE, the parties hereto state as follows
1. Storm water pond between Highway 5 and Norell Avenue.
The State needs to acquire approximately .88 acres for storm water
ponding in the area between Highway 5 and Norell Avenue. The State
is willing to participate in the regional storm pond that would be
necessary to serve Menards, Autumn Ridg Subdivision and other
developments in the area and the State has agree: o pay its pro -
rata share of the land costs. The State also hereby agrees<to pay
pro-rata staff costs to the City for designing the state portion of
pond should the city desire to do so. It is understood and agreed
that funding for the State participation would not be available
until fiscal 1997 (July 1, 1996). The State has the option as an
alternative to participating in a regional storm water pond
described above, to independently acquire such property as is
needed for the State storm water pending needs in which the City
will not participate.
2. Wetland Mitigation. The State intends to use a portion
of the DNR wildlife Management Area land located on the southerly
edge of the City for wetland mitigation.
3. Trai Tway . It is understood that the State has not shown
on its plans all of the sidewalks and trails that are proposed to
be constructed, because the State prefers to be in a position to
propose alternatives in areas as potential problems arise. All
trailways and sidewalks will be designed to the extent possible so
as to coordinate with the City's existing trailway, sidewalk and
pedestrian traffic plans. The State shall acquire such right-of-
way as may be necessary in order to construct such a trail and
sidewalk system so long as it does not have a substantial adverse
impact on any existing business.
4 Frontage Road and at oakgreen - 36 Intersection. The
State plans to remove the building located on the Dielentheis
property between the future frontage road and Highway 36.
5. De s i • n at the Front a■ e Road at Oak • reen - 36
Intersection. The City's consulting engineer has agreed with the
States design of this intersection. The State will provide
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additional information regarding the amount of the Dielentheis land
needed for the frontage road. The State will convey to the City,
in the States discretion, the land in this area not needed b y the
State for the City's use as a part of the trail system. The State
hereby agrees to mitigate any wetland losses from this area, the
State intends to design a storm water pond within their frontage
g
road area because of the large size of the area.
6. Road between Osgood and Highway 95. It is understood and
agreed that this road would have a maximum six (6%) percent grade;
be approximately 30 feet from the State right-of-way; and will be
28 feet wide with curb and gutter; including trail or sidewalk
storm sewer would be required so that no water would ' f low onto the
flyash. The State will be involved in the design of the road and
will later contract to reimburse the City for all construction and
design costs. This road shall be built over the ash to avoid its
removal.
7. Soccer Fields. It is understood that the State will not
provide money for the loss of soccer fields, but it will reconvey
excess property to the City for public purposes at two other
locations. The two existing locations that are being considered
for reconveyance are along Beach Road near Cover Park and along
Lookout Trail.
8. Traffic Li hts on H hwa 95. It is understood and
agreed the traffic signals cannot be placed on State Highways
unless they meet signal warrants and are justified. The State
expects that the Highway 36 exit and entrance ramps onto Highway
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95, along with the Highway 36 North frontage road connection to
Highway 95, will be justified. It is understood that the Highway
36 South frontage road connection to Highway 95 will not meet those
standards. The State hereby agrees that if it determines that a
traffic light needs to be installed in the future, it will pursue
a variance process in order to pay 100 of the costs, but it cannot
guarantee that the variance will be granted.
9. Park and Ride Facility. It is understood and agreed that
the State will build a park and ride facility only if there is
metropolitan bus serve to the area. It is understood that this
issue cannot be resolved until the final design stage. In the
event a park and ride facility is not constructed, the State has
agreed to consider building a smaller parking lot that could be
used for informal car pooling.
10. South Frontage Road. As part of this project, the South
Frontage Road will not directly connect to Highway 95, but will be
constructed along the existing 59th Street right-of-way and connect
to Stagecoach Trail, traffic would then proceed south to Stagecoach
Trail, turn left at 56th Street and access Highway 95 at the new
Picket Avenue connection.
The South frontage road will be moved further to the north to
increase the amount of buffer space for those residents living on
59th Street.
11. Comorehens ive Landscape Plan. The conceptional
landscaping plan will be provided as part of the final construction
plan which will be approved by the City at the same time. The City
4
will be involved in the development of the conceptual and final
landscaping plan through the design review committee.
12. Scenic Overlook. The State agrees to review the washout
condition under the scenic overlook and to make the necessary
improvements to remedy this condition, such plans may include a new
retaining wall for support.
13. Beach Road Alignment. Beach Road north of Highway 36
will be moved slightly to the east to provide more buffer space
between the road and the existing townhomes.
14. Lookout Trail. to the extent that proper drainage
allows, the State will widen and resurface Lookout Trail as part of
this project, issues affecting drainage shall be subject to the
review and approval of the City Engineer.
15. Pro ert Ac uisi.tion . The State will set up a field
office in one of the homes to be acquired in lower Oak Park Heights
in order to address questions from concerned citizens and to have
someone on site to attempt to resolve problems as they occur. The
State will provide the City with a list of properties which have
been or will be acquired. The list will state when the properties
are to be vacated and the list will be periodically updated for the
benefit of the City.
The State has and will provide the City information affecting
the relocation process, options and benefits for affected
homeowners and businesses.
No homes shall be moved by the State or its assigns or
transferees without written permit from the City, the State shall
5
inform all buyers of this condition.
16. Cit U tilities Disr ted by Con The City
consulting Engineer will provide the State with design information
as to where and how to redesign those City utilities which will be
moved or disrupted by the construction process of the State. The
State will reimburse the City for the consulting Engineer's time in
providing this design information.
17. Cit P e rty. State shall purchase the City owned
parcel (see attached) . The acquisition cost shall be based on fair
market value but shall not be less than $32,000.00.
18. Turn Back of Fronta■ e Roads. Any turn back of frontage
roads to the City will be subject to future agreements. The City
has agreed to accept the turn back of the frontage road. between
State Highway 5 and Norell Avenue as a part of the 58th Street
Cooperative Agreement.
19. Construction Staging. It is understood and agreed that
a task force of local governments or some other similar arrangement
will be formed so that the local governments affected by the
construction project will have input at an early stage of the
construction staging planning process. The City shall set a time
and place to invite the interested parties to a meeting regarding
the formation of such a task force.
20. Bridge Noise Reduction. The City and State shall
continue to meet and discuss this issue as it remains unresolved.
21. Welcome to Minnesota Sign. The State and City agree to
work together in an effort to provide the City with land for its
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own identification sign.
22. Portable Truck weigh Station. The City and the State
share a common concern with regard to overweight vehicles utilizing
the Highway 36 corridor. For that purpose, the State agrees with
the City that the proposed park and ride as shown on the layout
plans provide sufficient room for detaining trucks and use as a
portable weigh station. The City and the State agree to
cooperatively work with the Minnesota State Patrol to periodically
establish a portable weigh station and monitor truck traffic
utilizing the Highway 36 corridor.
2 3 . Boat Access. The Department of Transportation agrees to
cooperate with the Minnesota Department of Natural Resources (DNR)
should the DNB, ever decide to build a boat access at or near the
Allen S. King Plant.
24. The State's financial obligation referenced in this MOU
are subject to and conditioned upon the current availability of
funds apportioned by the legislature for these purposes. Any
financial obligations not covered in this MOU but for which funds
are not currently available are unenforceable unless the
legislature appropriates funds in the future for these purposes.
25. MOU Approval. Before this MOU shall become effective, it
shall be approved by a City Council Resolution and receive approval
of the State and City offices.
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DEPARTMENT OF TRANSPORTATION CITY of OAK PARK GHTS
B ar
(
D i V i s i o
Eng neer
9/7/-5
B
8
ichael J. Robertson
Administrator
Bar:
arbara H. O'Neal, Mayor
Date`