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After the three member Appeal Board is established, they have 30 days to hold a hearing. <br />At the hearing both the City and Mn/DOT will be given an opportunity to present their <br />case to the Board. After the hearing, the Board has 60 days to make its recommendation <br />in a written report to the Commissioner and the City. <br />Finally, since the adoption of Resolution 2010 -052 through late November, staff has been <br />discussing with Mn/DOT staff the 14 conditions contained in the resolution. Attached is a <br />letter dated November 29, 2010, from Mark Lindeberg, North Area Engineer, detailing <br />Mn/DOT's position on each of the 14 conditions. Commissioner Sorel's letter states that <br />MnJDOT will continue to work with the City to "narrow our differences and, I hope reach <br />agreement on many issues prior to conclusion of the appeal process." Staff believes that <br />conditions #1, 5, 8, 12 and 13 are adequately addressed in MnIDOT's November 29 <br />letter. Conditions #2 and 10 staff believes are adequate answers from Mn/DOT but <br />require a further commitment of funding from the City for the noise wall and/or concrete <br />sidewalk. Finally, staff does not think conditions #3, 4, 6, 7, 8, 9 and 14 are adequately <br />addressed by Mn/DOT's position. <br />Council Action Requested <br />Council is requested to formally name a City appointee to the Appeal Board. <br />Staff would also request direction regarding the 14 conditions and the staff analysis of <br />Mn/DOT's responses and/or direction regarding further negotiation with Mn/DOT staff <br />prior to the appeal process beginning. <br />City Council Meeting <br />\\Metro-inet\ardenhills\Admin\Council\Agendas Packet Information\2011 1 -10 -11 Regular\Packet Information\8A 1 -694 <br />Memo.doc <br />Page 2 of 2 <br />