Agenda Packets - 2002/06/03 - Laserfiche WebLink

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Option 3: Construct Wall to the East (Mn/DOT built) – City Council Proposal On April 1, 2002, this issue was brought before the Council for discussion. After Discussion of Options 1 and 2, the City Council proposed a third option - Option 3. This option would be the same as option 2, with the exception that Mn/DOT would be the project administrator and build the wall according to their specification and at their expense. This item was placed on the May Work Session Agenda but was later tabled. Discussion Staff suspected legal issues associated with Mn/DOT’s proposal, Option 2, and City Council ‘s proposal, Option 3. The question was, “Can the City enter into an agreement with Mn/DOT to take a noise wall that is required to be in a specified location and move it to a location of the City’s choosing?” Staff discussed this with the City’s legal counsel on April 15th. Staff also presented this legal issue to Mn/DOT representatives. On May 28th staff and the City’s legal counsel met with Mn/DOT representatives to discuss this issue. In light of the legal issues, Mn/DOT has since revised / clarified their option, Option 2. In addition to the City constructing a noise wall further to the east, their proposal (Option 2) now requires that the City construct a berm in the area where the wall would be constructed under Option 1. Staff legal assumptions were correct. To be compliant with the law, a noise abatement technique must be applied to the Arden Park area. Mn/DOT cannot enter into an agreement with the City unless they address this issue in the agreement. Under this “New Mn/DOT Proposed Option 2”, all of the requirements of the original Option 2 would hold true. In addition, the City would be required to construct a berm, in Arden Park, meeting Mn/DOT’s specifications, at an estimated cost of $150,000 to $200,000. This berm would be 10 to 15 feet in height and up to 90 feet in width, located mostly on City property. Mn/DOT also estimates that the cost of a 1500-foot long wall to abate the noise in the Laport Drive area would be $450,000, of which Mn/DOT would contribute $300,000. The City’s combined financial liability for this new Option 2 is estimated to be $300,000 to $400,000. At this time staff is requesting direction from Council on what they actions they prefer in order to seek resolution to this issue. The following is a list of some possible courses of action: Action A: Staff continues to recommend Option 1. Should Council select this action, staff would contact Mn/DOT in writing requesting them to construct the wall as required by law. The wall would be constructed by MN/DOT during the 2004 construction season at no cost to the City. Mn/DOT would construct the remaining section of wall, from the east side of Arden Park to I-35W, when either a third eastbound lane is added or if this area is ranked high on the Noise