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I <br />I <br />I <br />I <br /> <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br />'1 <br /> I <br /> I <br /> I <br /> I <br /> I <br /> I <br /> <br />CASE # <br /> <br />Background: <br /> <br /> CONSIDER ADOPTING RESOLUTION <br />RELATED TO MEMORANDUM OF UNDERSTANDING <br />WITH MnDOT ON BURGER KING ACCESS <br /> <br />On August 12, 1997, the City of Ramsey granted site plan approval to the Burger King site plan, <br />contingent upon resolving access issues on Highway #10 with MnDOT. Attached is a sketch of <br />the site plan with the access onto Highway #10 being on the far west end of the site. MnDOT <br />has not acquired fight-of-access on the Highway #10 frontage of this property, so it must grant a <br />request for access. Still, the City, MnDOT, and the developer all concede that a safer, workable <br />access would be preferably located farther to the west in the vicinity of the pet clinic's current <br />access. To work toward this goal, MnDOT has requested that the City enter into the attached <br />Memorandum of Understanding. My interpretation of this memorandum commits the City only <br />to using its best efforts to facilitate obtaining the necessary mutual agreements between the pet <br />clinic and Burger King to consolidate access. The developer will receive a permit to construct an <br />access as approved in the site plan, and MnDOT will bear the costs of reworking the <br />consolidated access at the pet clinic site if an agreement can be reached. Attorney Goodrich has <br />reviewed this agreement and will comment at the meeting. <br /> <br />Recommendation: <br /> <br />Staff recommends adopting the Memorandum of Understanding and directing the City Attorney <br />to assist in obtaining necessary mutual easements for a consolidated access. <br /> <br />Council Action: <br /> , <br /> M <br />Motion to adopt Resolution #98-03-u Authorizing Memorandum of Understanding Relating to <br />Highway #10 Access Control at Burger King site. <br /> <br />Reviewed by: <br /> <br />City Engineer <br />City Administrator <br />City Attorney <br /> <br />BurKin. doc <br /> <br /> <br />