02/13/1990 - City Council Special0
SPECIAL CITY COUNCIL XEZTING
FEBRUARY 13, 1990
TUESDAY
5:30 P.K.
I. ROLL CALL 5 ADOPTION OF AGENDA
II. JOINT AIRPORT RELATIONS ?OUSTING/INTERACTION
WITH SPECIAL CONSULTANTS
III. FINALIZE 1990 CAPITAL EQUIPMENT
IV. LANDSCAPE ORDINANCE (TREE CONSERVATION)
V. POLICE ACCREDITATION PROGRAM
VI. OTHER BUSINESS
VII. 8:30 ADJOURNMENT
0
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY So 1990
SUBJECT: SPECIAL CITY COUNCIL MEETING OF FEBRUARY 13, 1990
At the February 6, 1990 regular City Council meeting, a special
Council meeting was scheduled for Tuesday, February 13, 1990 at
5:30 p.m. A sandwich and beverage will be served in the City
Administrator's office between 5:00 and 5:30.
An estimated time schedule is often considered when the agenda is
compiled for special workshop sessions. To assist the City Council
a suggested time is included in parentheses behind each agenda
item. The time distribution is simply a guideline and has taken
into consideration the staff presentation and time for discussion
for each of the items.
JOINT AIRPORT RELATIONS MEETING (5:30 - 6:15)
The Airport Relations Commission is scheduled to meet at 5:30 p.m.
on Tuesday for their regular monthly meeting. The City's special
consultants including Jerry Bogan and Associates and John Herman
are expected to be present and share comments and strategy
regarding the March 7 presentation before the Metropolitan Airport
Sound Abatement Council (MASAC). The joint meeting will also
provide a time and opportunity for the City Council to interact
with members of the Joint Airport Relations Commission. The
Council can then leave the meeting and resume the special City
Council meeting in the Council Chambers or Conference Rooms.
Enclosed for City Council review are the Airport Relations
Commission packet materials. Also enclosed for City Council
information is a copy of a letter from John Herman outlining the
City's expectations of his office.
(Please note that the MASAC presentation is scheduled for
Wednesday, March 7, 1990.)
FINALIZE 1990 CAPITAL EQUIPMENT (6:15 - 6:45)
The City Administrator is asking that the City Council consider
finalization of major capital items to be financed through the
equipment revolving fund. For additional informa ion on this item,
refer to the attached memo enclosed on pages through 62 .
LANDSCAPE ORDINANCE/TREE CONSERVATION (6:45 - 7:45)
At the January 30 special Council meeting it was decided to carry
over the landscaping and tree ordinance regulations to the February
13 workshop.
The City Council and staff have identified the need to update the
subdivision ordinance as it relates to the landscaping policy for
commercial, industrial and residential development. There is
specifically a question regarding reforestation and location of
tree plantings as a part of the review. The City departments,
including Community Development and Parks and Recreation, have met
and worked with the City's consulting planner, John Voss, to update
the landscaping plan as it appears in the subdivision ordinance.
Attached and referenced as pages _� through is a copy of
e
data that was prepared by City staff regarding t agenda item.
POLICE ACCREDITATION PROGRAK (7:45 - 8:30)
During development of the 1990 budget approval was given s an
law
expenditure item in the Police Department to apply for a
enforcement agency accreditation from the Commission on
Accreditation for Law Enforcement Agencies. It has been a personal
goal of the Chief of Police that the City of Eagan to increase the
department's effectiveness as well as establish clear goals and
objectives for the Police Department. The accreditation program
will provide the Police Department with an overall analysis of its
operation and ability to deliver services. As stated at budget
time the program is widely used throughout the United States and
is currently being implemented in Burnsville, Bloomington, New
Brighton, Anoka, Minneapolis and St. Paul. The accreditation
program establishes a body of standards designed to:
* Increase law enforcement capabilities to prevent and
control crime
* Increase agency effectiveness and efficiency in
delivery of enforcement services
* Increase cooperation and coordination with other law
enforcement agencies and with other agencies in the
criminal justice system
* Increase citizen and employee confidence in goals,
objectives and policies and practices of the agency
* Provide law enforcement agencies an opportunity to
demonstrate voluntarily that they meet and establish
a set of law enforcement standards
Chief Geagan and Lieutenant Swanson recently attended a nation-wide
accreditation training in Houston, Texas. Along with this seminar
and police personnel from metropolitan communities who have
completed the accreditation, Chief Geagan has begun to implement
the process for accreditation. The program is involved and it
would be well for the City Council to have a presentation to better
understand the changes that will be implemented in the Police
Department during 1990/1991. It is estimated that the process will
take a minimal of 18 months to complete. In addition, if the
agency is accredi e , the accreditation is good for five years.
Enclosed on page is a copy of an article that appeared in The
Blues, an indepen ent police newspaper that is printed in Texas,
entitled "Quest for Professionalism". This article addresses
police accreditation.
OTHER BUSINESS
There are no items for Other Business. Future workshop sessions
will include further review of building design standards,
finalization of the R-4 study, presentation of the needs analysis
for the Municipal Center Building, review of the billboard policy,
review of the special assessment policy, alternatives for a police
shooting range and status report on the goals, in addition to the
R-4 study, that were adopted in 1989.
INFORMATIVE
DNR DEWATERING PERMIT/S$NBCA
The City Attorney provided a review of action that occurred at a
prehearing conference on February 11 1990 at the Department of
Natural Resources concerning the water appropriation permit
amendment issued to the Seneca Waste Treatment Facility. Enclosed
for your review is a copy of a memo Mike D ?!,
herty sent to Jim
Sheldon, referenced as pages _/&r through and a copy of the
rec endation to the commissioner enclose on pages through
62-
RAHNCLIFF CROSSINGS PROJECT
Enclosed on page 42,:r is a copy of a letter from Donald K. Smith
of Austin, Burich & Keats regarding the RahnCliff Crossings
Project.
/SZ Thomas L. Hedges_
City Administrator
Enclosures
TLH/jeh
3
MEMO TO: HONORABLE KAYOR AND CITY COUNCILXMGERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY Be 1990
SUBJECT: PROPOSED EXPENDITURES FR0M sQUIPX2NT REVOLVING FUND/1990
At the December 12, 1989 special City Council workshop, a final
ratification of the proposed expenditures from the Equipment
Revolving Fund for 1990 was continued for further review at a
special City Council meeting in 1990. The fong is a total
ng Fund
list of the proposed expenditures from the Equipment
by department as presented at the December 12 meeting:
Community Development
Vehicle/Topper/Phone
$ 14,150
Police 13,000
Investigative Car
Investigator's Surveillance Van 17,000
Administrative Car 13,000
Unmarked Traffic Car 17,000
Mobile Digital Terminals 138,000
Fire 65,000
Air/Salvage Vehicle 36,000
Refurbish Unit #6 (Change to
aerial truck upgrade)
Sheets 40, 000
Loader with plow & wing 175,000
34 GVW single axle with plow wing,
underbody & sander
Parks and Recreatign (All Replacement) 16,000
3/4 ton 4X4 pickup 11,500
Groundsmaster 20,000
Passenger van 30,000
One -ton truck 44,000
Tractor
Tree Conservation 23,000One-ton truck $672,650
ota
This proposed expenditure of $652,650 from the Equipment Revolving
Fund exceeds the amount available of $384,520 by $288,130.
The
is
City Council has two (2) alternatives. The;rst alteent
to increase the equipment certificate portion of the Equip
Revolving Fund being considered over the original amount of
$200,000. Because of the large increase in total tax capacity
(assessed value), there would be little impact on the tax payer
ir
relative to the 1989 rates. A more precise impact of the property
tax rate will be determined when complete information he State
is made
available to the city. As we have seen so frequently,
ons and the
has again changed the rules with the levy limitations
ground rules are substantially different than they were last year.
If levy limits continue, and especially e they
become w 11 be oto
re
restrictive, the only choice in purchasing equipment _
finance it through the o sbe° maintament ined at rtcur estes if levels. going
The
operations are going t
following table illustrates this impact:
General
Fund
Ofleza
$9,787,510
Central
fund
fterations
$10,379,650
General
Fund
Total
central Tand
EQulynant
Zgmt 3svolving
Ls a % Of
General
_tea
Capital &a
larol�ini
Total jafy� 7=d
$708,270 $10,495,780 6.7% $400,000
central
Fund
._
3.6%
Total
$397,480
cetera, rMd
�ip'ment
Ust uvolving
AS a % Of
General
7=d
=d
Capital Iia
A I of Total
Uvolving
PUMA
Total jafy� 7=d
$387,480 $10,767,130 3.6% $672,650
Central General
Fund Fund
2-5 ?At te, �2titaL
6 It (45.31)
ZL.Lf Ca t Ch 1122 1161 to
;tr.raaat (t>tcrease)
Total
central
2.6%
General 7=6
Capita, as
(46.3%)
S
l4pipo:nt
&evolving
6.2•
;qmt ,evolving
As a6 Of
Tstta-1/10an ZOO
63.2%
A second alternative is to compare reductions in the list that was
presented by the department heads. The City Administrator has
reviewed the list of proposed equipment with each department head
and if it is the City Council's desire to reduce the proposed
capital, it is recommended that the following items be removed from
the original list presented earlier in this memo.
Police
Unmarked Traffic Car $ 17,000
Fire
Remove air salvage vehicle, but 30,000
include an expenditure for
undetermined capital for fire
purposes
(This figure represents a
reduction of $35,000)
Streets
34 GVW single axle with plow wing, 75,000
underbody & sander
Parks and Recreation
Groundsmaster 11,500
Passenger van 20,000
Tree Conservation
One -ton truck22_ 000
Total Reductions $181,500
Under this alternative, the proposed expenditure from the Equipment
Revolving Fund is $491,150, which exceeds the amount available of
$384,520 by $106,630.
If the City Council would like any additional information on any
of the capital equipment items prior to the workshop meeting,
please feel free to contact this office and the data will be made
available for Council review. Please note that with the exception
of the investigative car in the amount of $13,000 for the Police,
the other items have been placed on hold until a decision is
finalized regarding this year's capital equipment expenditures.
%ityydministrator
TLB/vmd
imO TO: Tox REDS I CM AMIXIBMTM
FROM: DALE RUNKLE, CO1+DIMTY DVMLOPXZNT DIRECTOR
DATE: JANUARY 25, 1990
RE: UPDATE - LANDSCAPE ORDINANCE
A meeting between the Planning and Parks Departments was held on
January 25 to review the proposed Landscape Ordinance provisions.
There appears to be three areas where landscape dinanceiiowhich will
ns will
apply. These three areas are: 1) A Zoning The Subdivision
require landscaping on private property. 2)
ordinance which is proposed to be "beefed up" and will require the
preservation of existing massings of trees; trees of 8" or more in
diameter will be required on Preliminary Grading Plans and proposed
to be saved, as well as referencing the Parks Landscape Ordinance
regarding the plantings for public right-of-ways and boulevard
areas. 3) The Parks Landscape Ordinance will then define the
specifics of the types of trees, caliper and design, which will be
required by the City in new subdivisions, as well as applying to
existing subdivisions if someone wants to plant trees in boulevard
areas or reconstruction of City streets.
The correlation of these three areas requiring landscaping is a
coordination of efforts between Parks, Planning and Public Works
so as not to duplicate requirements, but to specify areas of
responsibility. The Public Works Department was not in attendance
at this meeting; however discussion by the Parks and Planning
Departments indicated the three areas of the Ordinance will meet
the intent of the City Council.
Please find enclosed a copy of the zoning portion for performance
standards requiring landscaping in private property or individual
site design cases.
if you have any questions or would like additional information, Ken
and I will attend the workshop to discuss any issues with the CIty
Council.
ommunity Development Director
DCR/ j s
Encl.
Revised: 01-11-1'
Subd. 16. Shade Trees and Landscaping
q, Purpose. The City Council finds that:
1) Trees are proven producers of oxygen, a necessary element
for human survival;
2) Trees appreciably reduce the ever increasing environmentall
dangerous carbon dioxide content of the air and Play a vita
role in purifying the air we breathe;
3) Trees transpire considerable amounts of water each day and
thereby purify the air much like the air -washer devices use
on commercial air conditioning systems;
4) Trees have an important role in neutralizing waste water
passing through the ground from the surface to ground water
tables and lower aquifers;
5) Trees, through their root systems, stabilize the ground wat
tables and play an important and effective part in soil -
conservation, eroision control, and flood control;
6)
6) Trees are an invaluable physical, &esthegiurban life more
counterpoint to the urban setting,
comfortable by providing shade and cooling the air and lane
reducing pels and glarev and breaking
the otony
on the landv particularlyparkingn
human developments areas
and
7) Trees have an important impact on the desirability of land
therefore on property vaiues.
t3. inins, the Councideclares tht it ISS
Based upon thdeee�entdialgto the health, Safety, andawelfare of
desirable an
�
City to protect certain existing trees and plant materials,
i&ls and
trees,
rohl
require new and addcertainnal speciestandttorequire themaintenance
Lhe planting of ce
plant materials and trees as set forth in this Section.
ll
C, The provisions of these subThelPi�nting &ns 16 hmaintenanceh 21 aof teee�
rtj
only to private property.
located upon public property, including street trees, is other
regulated by Chapter 6.43 Subdivision 7.08, Section 10.20. 10
10.22 of the City Code.
Subd. 17. Landscape Plan Required
by
A. When Planning A detaiectorled beforedacape plan shall be building permit isaissueddfor
City Planning Dire
any new development ndustrialCommercial,
InstitutionalMultiple
Zoning Distric
(R-2, R-3, a R-4) I
for all new developments, except single-family dwellings, i^
Planned Development Districts or as otherwise provided by spe
planned development
A detailed Landscape Plan shall also be required, as
stated 2
whichrmit is issued result
before a building pester expansion of an existing building wl
(10%) percent or 9
an approved landscape plan is not on file with Lhe City.
1
Itm
C.
A detailed Landscape Plan shall be provided with each preliminary
plat showing existing and proposed landscape materials for the
boulevard areas and such additional detail as may otherwise be
required by the City Subdivision Regulations Ordinance and Tree
Maintenance Ordinance.
In every case where landscaping is required by provision of the
City Code or by an approval granted by the City, for a building c
structure to be constructed on any property, the applicant shall
submit a landscape plan prepared in accordance with the provisioi
of this Section. The Landscape Plan shall include the detailed
information set forth upon the application form provided by the
City. The City Planning Director may waiver or modify Landscape
Flan requirements where the intent and purpose of this ordinance
is otherwise met.
Performance Guarantee.
1) A Performance Guarantee shall be required to insure complete
and maintenance of all landscape plans required by the City
for preliminary plats and building permits.
2) The Performance Guarantee shall be approved in form as to
security by the City.
3) The Performance Guarantee shall be if an amountor no less thabean one anc
determined by the City and shall be f
one-half (1 1/2) times the dollar amount estimated by the Ci
as the cost of completing the landscaping and screening as
shown on the approved landscape plan.
4) The Performance Guarantee shall cover one full calendar yeas
subsequent to the completion and satisfactoy acceptance by
City of implementation of the approved landscape plan.
5) The Performance Guarantee shall only be released upon
inspection and written acceptance by the City.
b) For any landscaping or screening that is unacceptable, the
applicant shall replace the material to the satisfaction of
the City before the Bond is released. Where this is not do
the City, in it's sole discretion, may use the: proceeds of
Performance Guarantee to accomplish performance.
All landscaping shall be implemented in accordance with the
following:
1) Minimum size at time of planting:
(a) Deciduous overstory plantings shall be a minimum of
two and one-half (2 1/2) caliper inches.
(b) Deciduous understory trees shill be a minimum of one
and one-half (1 1/2) caliper nehes.
(c) Coniferous trees shall be a minimum of six (b) feat
in height.
(d) Hedge materials shall be minimum of three (3) feet
in height.
2) For purposes of definition and standard, the following
shall be used:
(a) Caliper: The length of a straight line measured
through the trunk of a tree six (6) inches above the
ground level.
(b) Coniferous/Evergreen Trees: A woody plant which, at-
maturity, is at least thirty (30) feet or more in hhav3
with a single trunk, fully branched to the ground,
foliage on the outermost portion of the branches year-
round.
(c) Deciduous Overstory Shade Tree: a woody plant which, !
maturity, is thirty (30) feet or more in height, with 4
single trunk, unbranched for several feet above the
ground, having a defined crown, and which loses leaves
annually.
(d) Deciduous Understory Ornamental Tree: A woody plant
which, at maturity, is less than thirty (30) feet in
height, with a single trunk, unbranched for several fe
above the ground, having a defined crown which loses
leaves annually.The total
(e) plant material Average Size (coniferou•f eet or over,
height of all coniferous trees six (6)
divided by the total number of such trees.
(f) Plant Materials Average Size (Shade or Ornamental)-:
l)- ar
total diameter of all deciduous overstory trees
one-half (2 1/2) inches more in diameter, divided by t
total number of trees.
(g) Minimum Required plant Material: In order to achieve
landscaping which is appropriate in scale with the si7
a building and site, the City may require plant mater:
equal to two and one-half (2 1/2 %) Percent of the co:
value of a building, excluding land cost or site
improvements. Credit shall be given for exiting pla
materials which will be preserved, however, in no ins
shall plant material of a value less than fifteen tho
unle
ro
he0City Planning Deirectormitterdwhere �the tintent ep
andpu
byy tt
of this ordinance is met.
(h) Planting Islands: Planting islands shall be required
where necessary to visually break up expanses of hard
surface parking areas, for safe and efficient traffic
movement, and to define rows of parking. Planting
islands shall occupy at least five (5s) percent of tt
parking area.
(i) Method of Installation: All deciduous and conif erou!
trees shall a a ballS nce with NA
standards. ac
Nurseryman's
planted in
standards.
(j) Sodding and Ground Cover: All open areas of a site i
occupied by building, parking or storage shall be soy
Exceptions to this are deeding of future sxPansion ai
as shown on approved plans and undisturbed areas
containing existing natural vegetation which can be
maintained free of foreign and noxious materials.
(k) Slopes and
Berms:
permittedSlopes
with ut•ator approvalnOfhsPeci
rat
3/1 Shall not
treatment, such as special seed mixtures or reforest
terracing, or retaining walls. Berming used to prov
required screening of parking lots and other open ar
shall not have slopes in excess of 3/1.
sponsibl
(l) Maintenance:
ntenanceproperty
fornremovalshall
perpetual maiand replaCemer
/o
any overgrown, diseased or dead trees, shrubs, ground
covers or sod. Such replacement shall be in accordance
with a landscape plan as approved by the City Planning
Director.
(m) Erosion Control: All areas of any site shall be
maintained in accordance with provisions of the Eagan
Erosion Control Manual.
(n) Preservation of Woodland Areas: It is the policy of the
City to preserve the natural woodland areas and clusters
of trees throughout the City and to retain as far as
practical, substantial tree stands which can be
incorporated into the Landscape Plan. No clear cutting
woodland areas shall be permitted. Shade trees of eight
(8) inches or more caliper shall be saved unless it can
demonstrated that there is no other feasible way to
develop the site. The City ma require replacement of a
removed trees on a caliper inch for caliper inch basis.
(o) Placement of Plant Materials: No plant materials
shall
permitted within any utility easement, road right-of-way
or immediately adjacent to any driveway or road inter-
section when it would interfere with motorists' views -Of
the street or roadway unless specifically approved by tt
City (see Chapter 6.43 Subdivision 7.08).
(p) General Landscape Requirement: In all districts for all
developments, including single-family dwellings, all
exposed ground area, surrounding the principle building
and accessory buildings, which are not devoted to
driveways, sidewalks, or patios, shall be landscaped wi'
grass, shrubs, trees, or other landscape material.
(q) Replacement of Poor Soil: Where soil is found to be to(
poor to insure growth of required plant material, the p(
soil shall be removed and replaced with suitable loam.
For trees, an area of a minimum of twenty-seven cubic fa
(3' x 3' x 3') shall be established with suitable soil.
Subd. 18. Irrigation System
A. All "Landscape Plans", as required by Section 11.30 Subdivision
17, shall include an underground irrigation system except where
the open space is very large or reserved for future expansion a
determined by the City Planning Director.
8. The irrigation system shall be A fully automatic,
on timer,
offering system with fourteen (14) day alternate date watering.
The system te. The systemide hand osread haall meetrMinnesota0 with a
matched
precipitation on raraDepartment
Health standards and shall provide backflow preventors.
C. Underground irrigation systems that extend beyond private propf
onto public right-of-way (boulevard areas) shall be subject to
approval by the City as provided in Chapter 6.43 Section 7.08.
Subd. 19. General Screening and Suffers
A. Description. All parking, loading, service, utiltity, and outs
storage areas shall be screened from all public streets and
adjacent differing land use. Screening
sha,llw.
consist
walls, of combination of the following:
shrubs, compact evergreen trees, or dense deciduous hedge as
further described in Section 13.30 Subd. 2OF. The height and
depth of the screening shall be consistent with the height and
size of the area for which screening is required. When natural
materials; such as trees or hedges, are used to meet the screen
requirements of this subsection, density and species of plantin,
shall be such to achieve seventy-five (75%) capacity year-round
Subd. 20. Buffers
A. Purpose: The buffer is a designated unit of yard or open area
where distance, planting, berming and fencing are required to
minimize adverse impacts of nuisances such as noise, glare,
activitiy, dust, unsightly parking, storage or signs.
B. Location of Buffers:
1) Buffer yards -Shall generally be located along lot boundary
lines and shall not extend into or be located within any
portion of a street right-of-way. Where a required drainac.
utility or other easement is partially or wholly within a
required buffer as permitted by the City, the developer shi
design the buffer to eliminate or minimize plantings withir
the required easement. Such deign may necessitate chooser
buffer with more land area and fewer required plantings.'
C. Use of Buffers: A buffer may be used for some forms of passivi
recreation; it may contain pedestrian, bike or equestrian trai
provided that:
1) No plant material is eliminated.
2) The total width of the buffer is maintained.
3) All other regulations of the code are met.
4) In no event shall the following uses be allowed in buffers
playfields, stables, swimming pools, tennis courts, or
similar active recreation uses.
5) A required buffer may include a stormwater retention area
when approved by the City.
D. Maintenance of Buffers: The responsibility for maintenance of
required buffer shall remain with the owner of the property.
owner shall be responsible for installing live and healthy
replacement plants for .any plants that die or are removed due
disease. Maintenance shall consist of mowing, removal of litt
and dead plant materials. and necessary pruning. Natural wate
courses within a buffer shall be maintained as free flowing as
free of debris.
E. Table of Buffer Requirements. The buffer requirement is fours(
locating the proposed use (district) in the left column. Eacl
adjacent land use (district) is identified across the top- W1
the row for the proposed use intersects the column for an adj�
use, the letter identifying the required buffer.is given.
For Agricultural uses (district), the Comprehensive Plan
designation for future uses shall be used in determining the
appropriate buffer.
12,
P (INSTITUTIONAL) A A ' B '
LETTERS A THROUGH D ARE DESCRIBED IN SECTION 11.30 SUBDIVISION 20F
F 'Description of Buffer Types. Buffer yards, through
horhnatuealf
trees, shrubs, hedges, earth mounds, Walls,
fencesbarriers shall provide screening in the percentages stated below
for the length of the common yard and for a minimum height from
ground level to six (6) feet.
Requirement "A" is minimum 20% screen.
Requirement "8" i5 minimum 40% screen.
Requirement "C" is minimum 60% screen.
Requirement "D" is minimum 80% screen.
G. plant Materials. All plant materials required within a spec1f14
buffer yard shallbetheanted to sits planoandetion thereafternSix shallmbeths fry
date of approval o
properly maintained.
H. Minimum Size of Plant Materials. Plant materials shall be at
size as required in subdivision 17D.
I, Prohibited Species. Prohibited species shill be the Same as th
defined in subdivision 24.
J, waiver of Buffer Requirements. Suffer requirements i►ay be waiv
or modified by the City Planning Director where the intent is
otherwise satisfied by severe change in elevation, an existing
screen, extreme distance or similar circumstance.
Subd. 21. Unlawful Cutting of Tress or Shrubs
A. No person shall for the purpose of increasing or enhancing the
visibility of .any building or sign, damage, trim, destroy, or
remove any trees, shrubs, or other vegetation unless the work
done pursuant to the express written authorization of the Cit)
J3
ADJACENT_
USE DISTRICT)
LAND USE (DISTRICT)
R-2
�
_
� �
ER
OTH�
BUSINESS'
1-1
A
A
C
D
A
A
R -2/R-3
D
B
A
B
C
C
g
6
,
R-4
B
C
B
B
LB
D
B
B
A
,
OTHER BUSINESS
` D
C
C
B
A '
B'
B
C
D i
D
C
C
g
,
,
C
C
I -1/I-2
D
D
C
B;
B ;
C;
A
A
RD
'
B
C
C
A
-
P (INSTITUTIONAL) A A ' B '
LETTERS A THROUGH D ARE DESCRIBED IN SECTION 11.30 SUBDIVISION 20F
F 'Description of Buffer Types. Buffer yards, through
horhnatuealf
trees, shrubs, hedges, earth mounds, Walls,
fencesbarriers shall provide screening in the percentages stated below
for the length of the common yard and for a minimum height from
ground level to six (6) feet.
Requirement "A" is minimum 20% screen.
Requirement "8" i5 minimum 40% screen.
Requirement "C" is minimum 60% screen.
Requirement "D" is minimum 80% screen.
G. plant Materials. All plant materials required within a spec1f14
buffer yard shallbetheanted to sits planoandetion thereafternSix shallmbeths fry
date of approval o
properly maintained.
H. Minimum Size of Plant Materials. Plant materials shall be at
size as required in subdivision 17D.
I, Prohibited Species. Prohibited species shill be the Same as th
defined in subdivision 24.
J, waiver of Buffer Requirements. Suffer requirements i►ay be waiv
or modified by the City Planning Director where the intent is
otherwise satisfied by severe change in elevation, an existing
screen, extreme distance or similar circumstance.
Subd. 21. Unlawful Cutting of Tress or Shrubs
A. No person shall for the purpose of increasing or enhancing the
visibility of .any building or sign, damage, trim, destroy, or
remove any trees, shrubs, or other vegetation unless the work
done pursuant to the express written authorization of the Cit)
J3
g, No person shall deface, destroy, remove, or injure any trees
located upon public property, including trees located within
public street.right-of-waY unless such removal is authorized t
the City.
Subd. 22. Protection of Large Trees
q, All existing trees, eight inches (8") in diameter or more (as
measured six (6") inches above grade), located upon private
property, shall not be removed except as follows:
l) The retention of such tree(s) would unreasonably burden
development as determined by the City.
2) The tree(s) is diseased and needs to be removed.
g, No excavation or other subsurface disturbance Shall be underta
within the drip line of any tree eight (8") inches in diameter
more, and no impervious surface (including, but not limited to
paving or buildings) may be located within 10 feet (measured f
the center of the trunk) of any tree eight (8,,) inches in diam
or more unless compliance would unreasonably burden the
development. For purposes of this subsection, a drip line is
defined as a perimeter formed by the points farthest away from
trunk of a tree where precipitation falling from the branches
that tree lands on the ground.
Subd. 23. Street Trees
Trees located within the public right-of-way (boulevard area)
Shall be planted and maintained in accordance with the provlsi
of Chapter 6.43 Section 7.08 of the City Code.
Subd. 24 Prohibited Tree Species
It shall be unlawful to introduce prohibited species to any lc
land parcel where such trees are not naturally occurring or t4
plant upon public land or right-of-way. Prohibited species ai
defined as the following tree:
Gingko (female only)
Box elder
Non disease resistant elm Species
Non hybrid cottonwood species.
Subd. 25 Prohibited Use of Trees
No tree shall be used for signs, permanent lighting, antennas
similar use.
1�
by Cfarme E Jona. Jr.
Since the turn of the century, law
enforcement officals, reseuchIrm and some
officers filled the air with calls to profes-
siomalize the police Governmental agencies
spent millions of dollars and years studying
gays to accomplish this task. Their sugges-
tions and recommendation ranged from
requiring college degrees m forming a
national police form Unforrumtely, the
independent nature of our country
prevented nay plan from complete adoption.
AmericmL and particularly American
poises, prefer to make their own choice.
They want to choose their own ways to
professionalize tbermeivft
Someone finally got the idea to study
other professions to find what made them
psofnsionals They found that professions
maintain training requirements and intern-
ships Mom important. these professions
monitored their professional standing by
setting sntdarcIs of performance. The
,,Wt? Traditional pmfnsions maintained
thea prestige and young people scrambled
to eater these professions
Law enforcement doesn't do this Some
state governments such as California and
Tms, formed agemes to ser training
requirements and grant licenses Other
states didn't form this type of ageory.
These diffemces resulted in differences in
office skills between seta or even between
cities Someone had to do something.
Someone did. in 1979, ten first year in
law "forcemeat. eifieials representing
police departments. sbcr&' departrncnts,
and raarch met to address the situation.
They finally formed the Commission on
Accreditation for lacer Fssforoem"t Agen-
cies They wanted to incense confidence of
the citizens, prevent aim& tend increase
inveragency coopermon. After forting the
Commission, tbey began the march and
development stage
in 1983, almost four years lets the Com-
mission began business The Commission's
lowly beginning of nine agencies attempt-
ing accreditation grew to live six hundred
fifty agencies either accredited, in the self -
n aamert please or making appbo600 to the
Commission to begin the proems during the
next five yon. That is no doubt that the
Commission and the over mot hundred stand-
a�dLs �th�ey developed have arrived. The law
axbxoeromt community's five has changed -
Some officer might say. "I've heard
about this aeeredinnon. [in 'tit something
.....,,L.:..,.:.. f.,. r6r Gnu to evil us
Quest for Professionalism
the street cop?" I've heard and nn answer
department benefits as well when its
employees demonstrate professionalism and
these questions. The accredinrion process
offers more hope and security for profes•
compliance with its policies_
sional treatment to the scree[ cop than
One major a= that aeaedinrion aids
depa=ents lies in the rewasch and develop -
anythies existing t It promises
8 B � Pqua 1nO>a
meat areas. All departments. but especially
techniques, adequate tr hope ng,
management discipline
and fair discipline policies It offer hope for
departments with over two hundred officers,
true professionaliswithin law enforcement. m
neMd a continued research effort. The Com-
�; recognumd the acrd for this and
Ctide these cveu . decide the
above e sratem"a neem aDees your
requires that tbm departments ®ploy
someone fin rime to perform the research
department have those "unwritten rules"
that you must Wow? Are your depart-
tack The also require thaw departments to
use a full-time crime analyst to plan their
mot's discipline policies fair? Do you
operations slid estfotsment eEoru properly.
ret ive adequate trrining or only the
planning allows for mom e$cimt use of
minimum the state requmira? Is your depart,resources
and manpower by derermining
npo
merit truly professional? Mom important, is
where a deparmmenc's needs really ancst. It
your department locked into pracrices and
allows for proactive police work rather than
thought prooessn developed during World
the traditional reactive approach. One final
War Il? If see accreditation offers hope.
item accroaacion offer needs mentioning.
Departments who seek -audited status
La enforcement agencies traditionally lag
kam several lamas very quickly Accredita-
behind modern business manag—t tech -
tion only comes to progressive departments
WqueL Because law mbtcemmt rmsta change
who practice fair treatment in everything
so strenuously. decides may exist between
they do. Accredited status tidy camel wben
modem managenau prsrioes and the practices
the department adopts modern manage-
used by police agencies Accreditation helps to
meat practices. They loam the importance
dose this gap, because it requires the depart -
of research and development to aid the
mot to use all of its resources windy planning
department in completing its primary tasks
and research e&rts lead to deployment of
Above all. dopa gnsenu seeking accredited
personed in an est5oeat warner. Departments
status learn this simple pbilosophy: "It's
thea can monitor their effect on acme m the
mot real if it's rot in writing."
wagm wity a Weil as their seams within the
This nam departments MUST operate
eammumties. Thee grine-huedtad-plus stand-
tmder a in of wnimm dir--ti— Unwrimm
Eads inter I so much that deparmmn can't
rules don't count or cost. Ewen more
telly pick and choose what standard ten k1low.
important. each employee must msave a
Thew standards lead to professional. effsaive
«stpy of any policy that dirtetly Acte tbem.
one thing chat impalas on law eniotoe-
and e$eim[ paeoen
Law emfeeemsmt offieea 6a compktely
m"t strongly is training. Tsamung must
&&Mt &Amges than IS facd a
continue throughout an offiaa's anti in
MU27 390 Drgag abuse murrinas to rise.
and e -y dc;—t a nicom the effect
order to kap the officer eurttmt in eras
sorb as law and investigative 06nigtss
of this rise organized gime efforts
Araaedintion tequiees depar®mes m
dmx d mach of the dgmr meet's eeom:ee
ice order m stay even.CaBs br service
develop cum plans and to me weer
oraxmairg as part of the program Super
ooaa whik the economy bens badgers
bwer. In web an amesphere. law enforce
visors must ccA n A offsets about this
at least once a yeas. In other
mot officials must fieri mote ways
phoning
word; the officer's CatOG results from plain-
itabon
aRy OOL [bar mks, Aeaedttao0
mcowages this snob Manager lain m
even
®8r �+�& and tssning either than hick.
me e department's resources. including
hde
the
This process also require wrictco
manpowa and individual dent& to the
ties the depa7'Smmt's disciplinary
1.r-t's beat achw agG With such
peocasn These guideline help guagranm a
4"; 's complaints caaoor hap but
Ut disciplinary program mdeptmd"t of
dadime whik efficiency macum prmfes-
favotitism. or wase, hadli-ting off c- a
aomd ennduct and opeanom lead to the
smpenisor might nes liks Officen who
community holding a department and its
abide by the department's policies bewiit.
pwmad in higher tegatd Deparemenn
be== thea dipwc=t acts ptofessiotaally learn that ratha than acting prnfmiomlly.
Borderline discipline tines kern to Wk , ` t is far bene to be professioraf.
the ruin or lave while true discipline
j•, Itft to is own effom law a 1--ent
Traditional, haphazard methods may lead
law enforcement to true professional status
someday. 'Then again, they may not. For-
tamately, the Commission on Accreditation
for law Enforcement Agencies emerged and
ended this random search for professionalism.
Insmad they offer a plan of action. Abiding
by their standards makes professional status
inevitabk and unavoidable The Commis-
skm forces the profession to be professional
m spite of im
There remains one final point. Whether
administrators and offices like it or not,
the end of law enforcement as we know it
draws near. Fred Tolar, Executive Director of
the Tons Commission on law Enforcement
Officer Standards and Education, addressed
a recent meeting of the Testas Accreditation
Coalition. Mr. Tole made a very important
point. If law enforcement u a profession
doem't develop performance standards for
ina legislators will.
The possibility of a law demanding that
de-pussmts. obtain accredited status or be
legislated ecus. This is real. If we don't
dtvdop and monitor our profusion, law-
maker who've never worn the badge may
bra us to abide by their idea of proper
per6rmaoce standards Law enforcement
ficm this choice. Accredit by our own
dwiee or let legislators regulate us by law.
Lmmaken may force an end to our efforts
to Profissoualin by operatfmg Pmadmes. Iawaw eml6i�t
1itUST NOT glow this to happen.
The fact a= that we can police
condo - or let civilians do it for us We
am eomtinr the quest to became a true
peoission- or we tan ad our efforts
Eoemmtely. the end to the quest for
prolemooal status for law enfamement
approaches The Commission's standards
hold the key to reaching this long desied
goal. Accreditation is the answer.
New we r OMW vw po wh" we
brat err oar hot wrsu e?
REPRIN
X SMORXVDOH
TO: Jim Sheldon
FROM: Mike Dougherty
DATE: February 5, 1990
RE: DNR Dewatering Permit/Seneca
our File No.: 206-7756
on Tuesday afternoon, February 1,
1990, I attended a prehearing
conference before Judge Allan Kline regardingothep rmit ity'siss ed andbfor a
contested hearing on the amended app P Assistant
DNR to the Metropolitan Wat�inCan�r�ist�Marnin.accompaniedtmethe
to
City Administrator Jon Hohens
the hearing.
Present at the hearing were attorneys and representativesoof the Dohn
MWCC; the Met Council; MPCA; Dakota County; and Bette
Wesley who was represented by an attorney, Terrell Fridley;
Prior to the
Bassett as well as other residents of Wuthering Heights• submitted z
hearing, Mark Thompson, General Counsel of MWCC,
prehearing statement of the facts and issues. Needless to say, thougr
the r.
facts are mostly indisputable.,
thtedihearing worthless.ssues, as seen bAft l
Thompson, are minute and render
much discussion regarding
the views of the parties, both named ane
interested, as to their ctheerfocuswith
bythe
Judgewater
Klinepwasrhowion andbunde:
MWCC under the permit,
what circumstances do we go forward with a contested hearing.
My discussion on behalf u�ntithe
City (the effacof tabothsshortdterm and lon
around thr&
concerns, namely, water
term on the area mpact• by the dewatering to include the Fenn
Kennealy, Stream, etc.);
W1
alit (the plume or contaminatie
which has migrated toward lls dewatedrin� ellleY. th�dleait matizinbeen evidence
in several residents w• i►
taint (the DNR's technical violation o e aw).
A short background is as follows:
in 1987, the Legislature passe
Statute 5105.405, subd. 3, which requires the Legislature's approve
prior to the issuance by the Rexceadpermit
Z million gallonspofowateriOl
p�
where such appropriation would,upon application by the MWCC, the D]
day. in November approof priation permit that allowed the MWCC '
issued a water app P
I (�
FEB 08 190 14:18 MAS 077 P03
appropriate more than 9 million gallons of water per day. After being
made aware of the 2 million gallon per day cap, the DNR went to the
Legislature in the last few days of its session and tried to get its
whatever reasons,
approval. For the Legislature did not address the
permit. In August of 1989, the DNR issued an amendment to the
ro permit authorizing appropriation of ground water until
app f water must
priation 1990 at which time approval for the use o
February 28► ► required under the statute. The
be obtained from Legislature as req
amended permit addressed for the first the impact mber of 89e dewatering
was having on the calcarioua fen. the Cit of Eagan
thirty days of the issuance of the amended permit,
Y
arly
demanded a contested hearing
contaminationSometime we
became knownithin late sandtheeCity
fall, the presence of the
MWCC to connect all the residents of
worked effectively with the
Wuthering Heights to City water.
erall requests In addressing the ov
for the contested hearing, Judge
dered
Kline has taken notice that any
actionon
Legislaturthe permit mayJudge be enKline
moot by a subsequent action
postulated, that either the Legislature would (a) approve the permit
NR
subject to all the normQli�latureulwouldtmandateinclude
issuance necessary
the
hearings or (b) the Legislature permit waiving any and all regulations imposed by the DNR, Met
sen
Council and/or MPCA. If the
eeasecond
foralternative
furtherwere
proceedings onothe
by the Legislatuwtneed
rendered moot.
contested hearing would
It is important to note though, that (1) the Legislature reacts as
opposed to acting and it is important to look
oftrthe
bill
being
drafted by the MWCC and DNR to ascertain what type
ns on
any hearings would be enacted boftthisLegislature.
process mayThe
be throughbest
the
means of keeping an accounting is
utilization he Art S:ofeFebruary,ttherepoint
very highelik�elihooddthat
that come the 28th o will
the Legislature will not have a tedranentlytuphinathedair, andtwhile
expire. What happens after thatp
the question was posed to the respective agencies by Judge Kline,
there was no apparent resolution of the matter. Mark Thompson on
behalf of the I+!`:CC noted
etiwas
andhis
thatstheoor ginalonly
permit
amended portion of the p expired
would remain intact. I statm�nded for the
C►tviolativeat I lofntheflaw
justification that if the a permitwas a
royal that the original
for failing to have the Legislature's app
permit should not likewise be ineffectiv* without the Legislature's
approval.
My best guess as to what will take place from here,
Kline will request that the demand for a hearing
to
abeyance tilmoot.aHoweverr, iftime the Legilnouaction hashasebeen
the issue becomes
is that Judge
be placed in
determine if
n taken by the
ld
Legislature prior to the oconferenceFebruary,
forwaudecisioniastto how
e that
there would be another prepsarin g
Should the Legislature. require the DNR to hold
to proceed from there.
its normal processes, the contested hearing matter will go forward
presumably thirty days following a ruling by Judge Kline to that
affect. Judge Kline remarked that he felt that based on the testimony
given at the prehearing conference, that one cgould anticipate that
the hearing would take two weeks of
inT,that we would
ous anticipatbtlemnw+
with
a great amount of testimony from oxperts
need to do some extensive discovery as to what information the MWCC
supplied to the DNR prior to the issuance of the permits as well as
what involvement the MPGA has had during the permit process to be
prepared for the hearing. Also, the residents raised a number of
issues concerning the need for a dewatering at all relative to the
design of the facility and how they both relate to the review by the
DNR. The ability and evidence necessary to argue this position would
be both time consuming and very costly in the nature of expert
testimony. These are questions which should be brought to the
attention of the City Council as it decides what involvement to take
on the contested hearing.
Under Minn. Stat. 5105.441 where a public hearing is demanded by a
public authority, the public authority making the demand shall pay
the costs of stenographic record and transcript; rental costs of the
place of hearing ancosts issioners'of originalation actionf istaffirmedswithout
sioners
orders, if the commmm
material modification.
one other issue, you had asked about the possibility of the City
bringing a declaratory judgment action against the DNR with respect
to the status of the permit come the 28th of February. I believe, the
City would have standing to bring such an action but it would be more
tailored to being a temporary restraining order restraining the DNR
from issuing any further permits pending the Legislature's approval.
Such an e would have
bine to bringing initiated
ng againsttheistatemoryoneuofyi
by th
as
required by the
agencies.
MGD/djk
066 FU"
FEB eE '90 16:34 MAS
STATE OF MINNESOTA
OFFICE OF AOMINISTMATIVE MEARIN138
jrjFrM p")OA, f%*U11990HO 49 WINO
iv0 fQURTH AVENUE WUT'M
WpiNJAPiLli, M1NNUOTA 0415
012134t.]o
February 6, 1990
Joseph N. Alexander, commissioner
Department of Natural Resources
$00 Lafayette Road
St, Paul, HN 55155
Re; In the Matter of the Water Appropriation permit w ndment+dissued to
the Seneca Haste Treatment Fa►ci y,
Permit MO. et
NO, 6-2000-4366-2
Hear comissioner All andw.
Enclosed and served upon you by mail, please find the RecOwIndation to
the Cowissioner in the above-Isntitled matter,
Your$ very truly,
C•� , `��' a �;�,.r
ALLAN W. KLEIN
Administrative Lew Judge
Telephone: 612/341-7609
AWS
Enclosure
Ce: All counsel and Partiez of Record
I
AN EQU ITY EMPLOYER
FEB 06 '90 16 ,5a IIIHM
6-ZMO-4366-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF NATURAL RESOURCES
In the Batter of the Mater
Appropriation Permit Amendment rwLU12 r'
r�
Issued to the Seneca waste
Treatment Facility. Permit
No. 89-6092
A prehearing conference in this matter was held onPFebrulpating1990tt thi
DepartMInt of Natural Resources' offices in St. Paul.
in
prehearing confertnCe were representatives of the Oipartment. the Metropolitan
Waste Control CORnission, the metropolitan Council, the Hinnetota Pollution
Control Agency, the City Of 14 an, 9 citizens' group generally known as
Citizens Against Seneca Expansi0n: the Nuthering maights Neighborhood; the
Minnesota Palley Chapter ofthe
numberaofAuOubon Conctrnedcisi:Y; the nelghbors endota cttlzensy
Public Health Department,n
The prehearing conference dealt with twQ 900rat topics related to the
amended permit and the City's demand for a hepring: where we are now, and
where we Should 90 in the
based upon 911 of the files and proceedings herein, the Administrative U
Judge makes the follOwing:
That the Comissloneesteducase�eartng tof onbe�ineonfor
or aboutnMarchtl4�,g
this (natter on for a cont
1990; And
That the Commissioner ton
ttamPtr9sOlto
explained Iter vifully fully
ng by
means of alternative dispute
Dated this L2Lday of February. 1990•
ALLAN W. KLEIN
Administrative Law 1091
068 PO4 _
FEB 06 '90 16:35 MAS
ntcbdurti 121)
The Of would
circumstances of this case Sugg"
othtrhaltat ernativt dirt a for
all parties would . a fast mediation process, or
ver, that at least some of
resolution process. There is ticstwo indication, Order 'f Or Hearing so that
the parties da not rant to..participate in such ofp; process and. therefore, the
cormi ssioner should iseeedittely issue 4 liter,
If
1t i! impossible to negotiate this utter, a hearing con be held promptly.
rowu For
the benefit of those who are reading this
Wiir�havtVbening ano attended the
prehearing conference, lot eautlon that ha tf* t as Weald be
evld
entiary hearings ,on the record", and the rercredibiiltyI there IS nthan w for wee to
cake ,any any thein Of e fact observer
deserving Of any without bur Mee of oath or
(forded any disinterested observer Who sat ted toh itho hour meeting where
a Whitt they Want
people were allo+std to say
dt now
ard
cross However, because a dtcisiOn Mus bear�ssumedxtohbeeftrue'tc
future proceedings, it is necessary that certain
subject to change When and if there are format evidentiary hearings. in
iti
OMM
The Seneca Waste hater Treat�ntnt plant serves
eitsseffluuentrisf dischargedeInto
the southwest area of the astdesi designed Construction e t Completed in
the Minnesota Nivvr. It was dssl9n'sd to mvvt•secondary sewage treatment levet
with a capacity of 24 minion gallons It' "Y
ed
1972
The Federal Clean hater Act requires that rsadoenot tmeeter ewater tqualitynd
secondary treatm-ent levels if the receiving wa
in the fall of
standards. The !ii nne sots River edoa newt "It such NPDES permit tfroe�rtha Minnesota 1 n
1867, the Seneca plant was is
pollution Control Agency Which requires that tnc,SenConstruction plansa�Were
order t0 achieve better than secondary tend to This is Ceti from
to
drawn up to CQRPly With the new 1imiis llonso per day. the cis sty from
2e million gallons per day � million ga until P he Seneco
provide service to projected M916 tent odorveid5cantroitproblefm:201Part of the
plant has also " oriented lnterre
includes �h• installation of �nerr odor contothers�calbovte�r,order o
upgradetaints (woos the City of Eagan, g
Satisfy comp
The Minnesota Pollution Control A9tncy, the Metropolitan masts Control
Coma
lesion and the Metropolitan Counclg entered into t Con:ant scree which w
tiled in Ramsey County District Court
tructionbforrthe6upgradedsfl,011 and
schedule for the completion of cons�et the schedule. Nortvtr, this United x
providing penalties for failing to
States Environpental Prottction AgencY abmorevexpeditedhschedulilfors too lax,
and hiS instituted litigation s##kin$ Met it.
construction of the facility And harsher penalties for failing to
That litiQ,ation is currently pending. the ra0e (whit
Prior to undertaking actual ConstruLtiohtaandvreCeiv d various Ottm issued
began in March Of 1999), th! Com
ission from state and local agencies. on November r 18, his8pe�lt��thorisiesitemPori
crater appropriation perrsit to the Com
-2-
C2(
construction dewatering for a continuous period from December 1, 1988 through
November 30, 1991, at a rate not to exceed 6500 gallons per minute, which it
9.3d million gallons per day. The permit was issued after notice to ill
interested persons, including the City of Eagan. Mei objections or requests fol
a hearing were received.
The Co mission commenced construction of structures on or about March 1.
1989, and dewatering pursuant to the permit began at the same time. The
dewatering increa3ed in volume to a level of between four and six million
gallons per day. This level was res►chrsd in July of 1989. and has continued to
the present date. It is anticipated that dewatering +will continue at this
level through October of 1990. at 'which point 1t mill ftereate, and gradually
taper off to a small u*unt. The purpose of the dev&terinq is to allow for
construction of storage tanks, Conventional construction techniques require
re
sophisticated constructiooils on techniquesrior odonoturequireedeesteringo or require
sophisticated
less dewatering.
During the spring and sinner of 1989, the Department raised two concerns
with the Commission regarding the, permit and the dewatering. First of a1-1, th
Department pointed out that the permit had been issued 'without regard to Minn.
Stat. J 105.445, subd. 3, which requires that any permit for consumptive use e
more thin two million gallons per day may not be granted or approved by the
co+snwissioner until after approval by the teQislature. 14o legislative approval
had been obtained prior to the issuance of the its$ permit, but the taw had nc
been noticed until the last days of the 1989 legislative see;ion. In additior
Minn. Rule pt. 6115.0750 limits temporary permits (such as the one granted) tc
not more than 12 months, and extensions shall not cause the total length of
tine that the permit remain$ in force to exceed two years.
A second problem that arose in the spring and sweeaer was that water level
in a calcareous fen, known as Nichols meadow, began to drop. This fen 1s one
of roughly 22 known to exist in the State, and is designated as an outstandini
rtsource value water by the MIMIsota pollution Control Agency. The fen
conttins two threatened plant species, designated by the Department pursuant 1
Minn. Stat.97.488. The fen is located between the project and the Minnrsol
River. The pepartment staff swhich initially reviewed the permit was not awrari
Of the potential impact of dewatering on the fen. In addition to the drawdoae
of the fen's water supply. a local trout stream known as Kennsaty Creek rent
dry. Finally, a number of residential wells began to experienet problems witl
both crater quartti ty through the groundwater toward the derraand crater quality. A contaminant plume of unknown Origin
has been nrfgrating terin swells, and
speed
there is concern that the dewatering may be t►using or exacerbating the ntly
and direction of that mi
Myraue��r, but tThe h�City tandssofienected resldenls)he ct+amainlyrr
affected residents
concerned #
For all these reasons, the Departsent did, On August S, 1909- issue an
amended temporary water appropriation permit, amending the November 1988 ptrm
The amendment made a number of changes to the original permit. including
limiting its teres to the period May 1, 1989 thrOVgh February 2b1 1990. The
number of allowable wells was reduced from 13 to 11, and new conditions were
added to ptoring waserequired,uonwatdaily bar to sis, ita15rlocationssinethe +am. ir"'
level monitoring
FEE 06 190 16:37 MAS
- - ---Yco rW....- , w - -
. 1 105.44, subd. 9, which
The amendment was issued pursuant to Minn. St#t
gives the Commissioner authoriy to amend or caftet1 a permit. Pursuant to.
section 105.44, subd. 3, the Commissioner waived a he#ring, and issued the
aeended permit. The mayor OfunderCsuchociEcumstancift is �ie�and,the
on Septemberublic f6�ihes
entitled to demand a hearing
did request a hearing on the amendment.
At thepresent time, dewatering is going on, and construction of the tanks
his begun. The dewitering,permit expires on February 28, 1940. The Commission
or
and the Department are already seeking 1e�1 illative approval for the permit he
ieyislttion that would ex"Ipt this project (or
oTthis typetormof proSect)of the leg�ltlat�on
requirement for 1e islative approval at all, el order the [�epartVOM
Is not yet known, but it could go so far as to effectiv y
mtnt
to issue the permit without further administrative hearings or reviews -
The im" ditto question to be answered, and the one which Was discussed at
the prehearing conference, was how best to proceed with the administrative
process in tight of the impending legislative session and the fact that, as a
practical matter, it is liked y that the Legislature will have acted before any
administrative hearing Could be Completed. This heaterinWiI not
affbeg
aqui
thek
one -- the Commission does not concede that its d 4 i
fen, the stream, the residential wells or the contaminant plume. The City. On
the other hand, wants a thorough study and review of those matters. The City
rants assurances regarding the contamination. and rants them addressed in the
permit. The Audubon Society is concerned about the fen and also vants permit
conditions written to protect it. The concerned citizens' roup would tike to
sea the plant expansion totally stopped. Some of the indiv dual citizens
believe hat it is not yet too tate to halt construction a.nd dowatering,
redesign the Constru�tioantosubstituteethemcforntheucurren�erork4ues that will
not require dewatering, d
Options at this time are is follows:
1. Dismiss the demand for hearing as moat. advocates of this option
argue that given the consent decree, there 'Is no scenario ander which a
aniftelffli hearing could be held. Dy the tion a decision could be reached
after a hearing, the project Vhhdrby topirtitsocouldhago lrightlto Districtt be lored
to be stopped. Instead of any
Court and seek an injunction againstoh4hor•dewatering, and the Court Could
deal with all the various s tin
2. Order a contested case heaito be
hold
dgin Legislature 5 daystatwith
ed athe
understanding that it Would be dismissed
bill
to approve the approppriation, or (b) approved :such a bill and directed that the
permit be issued without any �nrthadministrative
parti�socouidRrgitgottate)t�xt"te1
this project from the permitting process.
he
meantime.
3. Do nothing until the Legislature acts or until the session ends,
whichever comas first.
I have recommended option
number because t
ob Of
balancing the City,s�ghto ameaningfulhearing and allowingthe Legislature
f tb Fib VIC 10;.D( I °"'
Son tine to act to that if
not be held, it Can express
expense of proceeding.
the Legislature determines that a hearing should
that opinion to as to savt evtryone the time and
Given the timing involved, clearly the best solution for all parties is t
get this matter intone otiation right away. The Legislature will react much
more favorably to a bill that 1s supported by all affected groups,t;�r'sh�en
a bill that has opposition from one or n+ore of them. The City StatesWhi1a
trying to stop the expansion, but it rants some enforceable assurances•
there are same neighbors who would like to stop the expansion entirely, they
should consider what outcome 1s realistic, and whether they might not be bPtti
off negotiating for some proccrxsfui rtheerarttcip�nts9have to belNrealisticorder
for any negotiation to be su p
about their goals.
►mother possible resolution is to et the matter before a court with
injunctive powers right now. Neither t e Administrative Law Judge nor the
Commissioner have such powers. The Commission is operating under a consent
decree issued in the Ramsey County District Court, which provides for penaltii
if construction is delayed. It is unlikely that the Comission would
votuntArily suspend dewth�rd�watirinphnowfmust lookent to aecourts not an Those who want to stop
administrative process.
Barring an inunction or legislative action, t+oy*ver.
the Commissioner a
the Judge have a responsibility to afford the City the hearing it has dtmnaicnist�
The City could withdraw its demand for a hearing, but unless it does,
be granted a hearing. Therefore, it is recommended that the CCoaenissioner iss
a Notice of and Order for Hearing, setting the hearing for a date near Murch
19, 1990. It is hoped, however, that either negotiation or legislation will
the issues without ultimately resolve t the need for a hearing. The taw gives
the City the right to a hearing, but in this peculiar cas:, a hearing is the
least practical alternative.
A.W.K.
AUSTIN, BURICH & KEATS
Donald Keats Smith Suite 600 Telephone (612) 339-6430
M. Austin Smith The ivy Tower Telecopier (612) 339-6679
B. Burich Smith 1 1 15 Second Avenue South
Minneapolis, Minnesota 55403
February 6, 1990
Mr. Thomas Hedges
City Administrator
Eagan City Hall
3830 Pilot Knob Road
P.O. Box 2199
Eagan, MN 55121
Re: RahnCliff Crossings Project
SW quadrant of intersection of Cliff and 35E
Dear Tom:
As I mentioned to you on the telephone Tuesday, I have set up a
cocktail and hors d'oeuvre meeting for 5:00 P.M. to 7:00 p.m- Thursday,
February 15 to show the city council and other pertinent members of the
government what we have done with the project thus far. We will include a
description of our present tenants and, hopefully soon to be signed tenants,
in the existing shopping center between Bakers Square and Burger King as well
as our prospects for completing the construction of the remaining land
encompassed by the project. We are hoping to get some suggestions from the
City as to what would be pleasing to them in completing our center. We will
be going over these matters about 5:45 p.m. Hopefully, the city hall people
will be willing to arrive earlier so our existing tenants will have a chance
to meet in person with the power structure of Eagan. The meeting will be held
in the Jerry's Floor Covering space which is in the middle of the strip center
approximately 75 yards north of Bakers Square.
You were good enough to offer to bring this invitation to the attention
of the members of the City Council, Dale Runkel, Jim Sturm, members of the
Planning Commission, Liz Whitt, the City Attorney, and, of course, yourself.
Please feel free to invite any other members which you feel would have an
interest in our project. Naturally we would be pleased if any of these people
would care to bring someone with them.
Your enthusiastic reaction to this idea was very heartening and I
appreciate your help.
Sindorely
,
onald K. Smith