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Home My WebLink About4.m. Resolution Closing Tree Dump Site , ... ' CITY OF ROSEMGIUNT I' EXECUTIVE SUMMARY FOR ACTION : CITY COUNCIL MEETING DATE: May 2, 1995 AGENDA ITEM: Resolution Closing Tree Dump Site AGENDA SECTION: Consent PREPARED BY: Bud Osmundson _ AGENDA NO. City Engineer/Public Works Director �r ATTACHMENTS: Resolution, Letters & Original Agreement QPPROVED BY: :/��. The City of Rosemount and the University of Minnesota entered into an Agreement in 1982 whereby the City operated a 7ree Disposal Burning Site for Damaged and Diseased Trees on the University property. In the late 1980's early 1990's the Tree Dump became very expensive and infeasible to maintain. Therefore, actions were taken to begin the closing of the Tree Dump in 1993. In 1994 most of the items sited by the Minnesota Pollution Control Agency were completed except for posting of a sign and removal of the fencing on the site. These items will be completed by Public Works Staff in the next few weeks. Per the 1982 Agreement with the University, cancellation of the Agreement by either party requires a thirty (30) day notice. Therefore, the attached resolution is the document notifying the University of cfosure of the site. After the resolution is passed, a letter and the resolution will be sent to the University whereby the City will notify the University that we assume no further responsibility for the restored burn site. , RECOMMENDED ACTION: MOTION TO ADOPT A RESOLUTION TO NOTIFY THE UNIVERSITY OF MINNESOTA OF CANCELLATION OF THE TREE DISPOSAL BURNING SITE AGREEMENT. COUNCIL ACTION: 3 : CITY OF ROSEMOUNT : DAKOTA COUNTY, MINNESOTA RESOLUTION 1995 - A RESOLUTION CANCELLING THE AGREEMENT : WITH THE UNIVERSITY OF MINNE$OTA FOR THE TREE DISPOSAL BURNING SITE WHEREAS, the City of Rosemount and the University of Minnesota entered into an - Agreement whereby the University of Minnesota, Rosemount Research Center provided the City an area on its property for a:Tree Disposal Burning Site for Damaged and Diseased trees; and WHEREAS. the City operated and maintained such site for a number of years; and WHEREAS, the Agreement with the University of Minnesota states that the Agreement can be cancelled with a thirty (30) day notice by either party; and WHEREAS, the City has complied with the terms and conditions of Minnesota Pollution Control Agency Rules 7005.0815 for the closure of permanent tree disposal sites. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount that the Agreement between the University of Minnesota Rosemount Research Center and the City of Rosemount for a Tree Disposal Burning Site (University Permit#P-121) is hereby cancelled thirty (30) days after today, May 2, 1995. ADOPTED this 2nd day of May, 1995. E. B. McMenomy, Mayor ATTEST: Susan M. Walsh, City Clerk - Motion by: Seconded by: Voted in favor: Voted against: . en�y tYo� g . .or Con . Pol�� . . � neso�a � ��n . _� .�_. : i1 3�' 1g9� : � � �. �i� Q Y S S�peYaiso= . � Yubll� �gos�ount �est Cit9 i 5� St=eet ota 55p6$ e 2a7� t� Kin� . e axai.ng �' . es RoSQ�,o� txo�: ." z1an E=��edu e �11 S, 199 b,�h open � - �ea= �� las A �a ina on p d B�Sh Slte Te� ou= copQ�s at p�e�t tYee Site � �g Re: Tzee Tesponse�e��z�on o t o�en b�� letteY is e .fo= �'� � t a 4-e��ep at Tbls roced� tes �a to D• h bu��g p�o4eY p Slte• Subp 6} sza ite�s A of �=OuB ��able b��g ` e Pt' �p05 �$�o�plian�e `�� oQea �'a �as a lowed b`� app �St b�e��ated ials must b or b9 °the �e spos�, faL1��' mu �a,tes . S site l�d dl a osd� �. �11 un=u p�ltte�d o di.n'ai'ces• t�ed la �ti s� �'es� �' �� r sol� �'" �°�ties, �es a 4e�1 cable 5� �eeae3 �a F Statu =emove� tiO a by apPli i+ �� ash must e�ods �°`�e ' e ��cei�a��onaltlo�• e closed B. 0=1 b� °�e � bui i�� 5 ie to a natu � �e Site has be n �reas by�d t =es��Te �e iag �'e 4uba te��lpe. � diLiOns °utea �' e=osion Zed in£O'@'os� Sl�e �e �oa be �clud Si� �us� �e c�osest dzs4 a pl� �o�e 4� be�s nt tO.�at sb� D, �d llszing o�a Subml ea�h pa=t lette� 5�ion, s�tip�Subp- �' sh pg15, lt`J of Ros b°fo� co�p�,e el�g atil°A' �ity Divis jp05- Q e t ln !�_ �,e 4t. S�ove �a tlme on �f �e tr 1 t�ge�'��vi�ti ��' ab on �O�plet llution �°n��osa��e ni�c,eso�a tie�i�L t .of comPle��• er =ei �u'c udu'g �1e aa f=o� 4ap 353 east l�x f 1�s `612�2g� 5 i �°�'tain s¢ee��pairea °��u��►•8�a'"�.petcc+�� d pape �a 4 �S, pu intea °�' _�U �f°� �'eaTi�'g �;Regio��R�� YY t �2 2g6'63 p on Cons�es s• 55155-�►19�►' 6 1 �►�y.�°y°t. 520 �ataYe�e Rd.'St.Pau1.MN Ea�'°vP° IYr. �1�� . � _.. _ - -- �gi �Q �=dsLro� _ : � �� .I4g3- . _ _ , y, �� Plan �d S� : I��Seacp, 6�Ir e��a�on Ie �Le Lern��a�oa pro 5� I�u L3• Dfy�s2pa �O�d �. . �ess, bave � � S2Q �1 to S�cerely P.tease coA��estica��t� xeaa o I�eso� G� e at (6I2)2g��2 this��$r• p��u�an D�eSsi�� Q��" � 6. er or �e si� � V� C�ior p�u 29ens � Co p i�ce D t��a�°1 SPec�� r Quali �d Eafor� °� �n2r Sr p�Gr . � Dj°Is�o� ��r se�t�Eo� , Jfhlg2p c�: : �jtY fije ` QPeh gu �ni�g File _--�. .�. . ,. « � MEMO To- Minnesota Pollution Control A9ency � Att. Vanessa M . Givens : From= Mike Widstrom , Public Works Supervisor Date= May 6 1993 : Re: Termination of the Cities Tree and Brush Burn 5ite. The City of Rosemount will be closing and returning the existing tree and brush burn site back to its ori9inal . condition , Which is located on the University of Minnesota's proPerty . - This site has been closed for the last Four ( 4) years . With the termination of this site , there is approximately 2733 yards of unburned stumps, branches and fill;: material , that the City will remove to a permitted landfill , after the separation of all materials. The City will also fill in the burn containment area with - clean fil1 , leaving the top foot to be filled with 8 inche� of clay and 4 inches of black dirt to re-establish vegetation. A sign will then be installed to give information to the _ residents on where to dispose of materials as such . Below is a approximate time schedule of the work that will be performed . 1 . Separation - Start 3une ist. and finishing about June 4th. ' Z. Hauling of materials June 7th . and finishing about June • 30th. 3 . Hauling in of clean material for the containment area , start 7une 21st . and running until completed . 4 . After completing the back filling , seed and vesetation _ wili be planted . also a information sign will be installed . • 5 . Then the removal of the 6 foot fence , that incloses the site . . `+ t�niversity Permit No. P-121 ; /,'"' AGREEMENT � I�G�. i � •.,:,� . > ,��.� � . THIS AGREEMENT, made and entered into this lst day of. November, 1982, by and between the City of Rosemount, a municipal corporation, of the County of Dakota, State- of Minnesota, party of the first part, and the University of M�nnesota, Rosemount Research Center, of the County of Dakota, State of Minnesota, party of the second part. � WITNESSETH: 1JtiEREAS, the party of the first part is desirous of obtainiag a "Tree Disposal Burning Site" for damaged and deseased trees, and WHEREAS, the party of the second part is willing to make an - area available to the party of the first part for such purpose. NOW THEREFORE, in consideration of the premises and mutual covenants of the parties hereto, it is agreed as follows: I. Party of the second par� shall make available for use as a Tree Disposal Burning Site to party of the first part � an access road and a 300 foot by 500 foot site described as follows: Access road is the North/South gravel road midway between Audrey Avenue and Blaine Avenue. " The area to be used for burning begins at the end of the access road continuing south 300 feet, thence west 500 feet; thence- north 300 feet, thence east 500 feet to point of beginning all adjacent to an eas.t/west dirt road on the north with site forming a 300 foot by 500 foot rectangle. 2. Party of the first part agrees to keep the entry road and disposal site clear of all trash generated by the operation. 3, Party of the first part agrees to restrict usage of the site to burnable trees and brush generated within the City of Rosemount. , . , 4. Party of the first part shall provide police and fire protection for said site to enforce this usage agreement and aT1 other problems arising from the use of the site at �o cost to party of the second part. , . _: . � . , :: . ►. - � , . " Page Two of Agreement : i: - - _ - 5. Party of the first part agrees to maintain the aceess roadway . ta the site at no cosfi to party- of the second part. 6. ' Party of the first part agrees to hold harmless the party of the second part in matters pertaining to usage �f the site and access roadway. 7. Party of the first part agrees to control the burning to the extent that it sha11 be done discreetly, carefully and without : irritation to occupants of the surrounding area. 8. This agreement sha11 be open ended, with cancellation by either party with thirty (30) days notice: Cancellation by party of the second part can be imnediate without cause. This agreement is executed in dup7icate; each party has a copy and each copy shall be deemed an original for all purposes. IN WITNESS WNfREOF, the respective parties have caused this instrument to be executed by their respective officers. .. IN PRESENCE OF: UNIVERSITY OF MINNESOTA . ROSEMOUNT RESEARCH CENTER ��_ ��--- �-� _ CITY 0F ROSEMOUNT • ee� . IES DlSTAlBUTED T s . PROP. INS, DEC a ��GV . . .�uo�TH c�N��cH D�� 8 �y�_ RE COORDlNATOR—aE�--�.�Q.FlS� --•� - S.P.A.1A. �� i..i�� _• C. F1LES (�RIG.) Di.� —S�-�� —� . - PROP. ACCTG. �� '�� . - • . • r � �4 ,., . _� .�, . . �•.��_• �� ao.��