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07/17/1995 - Advisory Parks & Recreation Commission AGENDA ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION EAGAN, MINNESOTA Monday, July 17, 1995 7:00 PM Blackhawk Middle School A. 6:00 PM Park Tour B. 7:00 P.M. Regular Meeting C. Call to Order and Pledge of Allegiance 7:02 pm D. Approval of Agenda 7:03 pm E. Approval of Minutes of Regular Meeting of June 19, 1995 7:05 pm F. Visitors to be Heard 7:07 pm G. Department Happenings Pages 3 - 4 7:08 pm H. Consent Agenda (1) Tan-Me Industrial Park - APPRO Development Pages 5 -12 7:13 pm (2) Town Centre 100 Sixteenth Addition Pages 13 - 22 (3) Eagan Heights - RLK Associates, Ltd. Pages 23 - 32 (4) Soderholm Addition - Ray Connelly Realty Pages 33 - 40 (5) Delosh Addition - Wayne Brekken Pages 41 - 45 1. Development Proposals J. Old Business (1) Borchert Ingersoll Property Agreement/Gopher Smelting Pages 47- 71 7:15 pm (2) Pedestrian Crosswalk Policy Pages 73- 74 7:30 pm (3) Mosquito Control Recommendation Pages 75 - 112 7:45 pm (4) Acquisition of Northeast Corner of North Park 8:05 pm K. New Business (1) Future Bond Referendum/Caponi Art Park Page 113 8:20 pm L. Parks Development Update 8:40 pm M. Water Resources Update 8:50 pm (1) Reclassification of Pond JP-23 Pages 115 - 116 N. Other Business and Reports (1) Subcommittee Updates on Comission Goals 8:55 pm (2) Legislative Mandate for New Development Process 9:10 pm 0. Round Table 9:20 pm P. Adjournment 9:30 pm The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status , sexual orientation, or status with regard to public assistance. Auxiliary aids for disabled persons wishing to participate are available upon request at least 96 hours in advance of the events. U a notice of less than 96 hours is received, the City will make every attempt to provide the aids. MEMO - city of eagan DATE: JULY 13, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: JULY 18 COMMISSION MEETING The July Commission meeting will again-be preceded by a tour, which will depart from Blackhawk Middle School at 6:00 PM. The first stop on the tour will be Lexington/Diffley Athletic Fields to witness the progress being made on the irrigation and fence construction taking place at this facility. The second stop on the tour will be Carriage Hills Golf Course. Recently, the City has learned that the golf course is up for sale and is being looked at for residential development. The City is being asked to determine whether it has an interest in acquisition of the course for municipal golf course operation. The City Council has contacted staff to do a preliminary investigation to determine the financial feasibility revenue potential for a golf course should the City determine that there is a benefit to the City's acquisition of this property. Staff thought it would be appropriate for the Advisory Commission to make a visit to the site. Unfortunately, I will not be at the July Commission Meeting because of my participation as a team manager for the Olympic Festival being held in Colorado. The Festival opens in Denver on Friday, July 21 but I will be leaving Monday, July 17 to make arrangements for the Olympic Festival Speed Skating Team which arrives on Wednesday. You will be in capable hands with the Department's staff. CONSENT AGENDA There are several items under the consent agenda, a single motion to approve all the items would be appropriate. If Commission Members have any particular questions about one item- it would be appropriate to remove that item from the consent agenda prior to approval. There are no development proposals for the Advisory Commission this month. OLD BUSINESS There are several items under old business for the Advisory Commission to review. The first is the property exchange agreement between Gopher Smelting and the City for the North Park property. Enclosed in the packet as a separate agenda item is a copy of the agreement for the Commission to review and make a recommendation to the City Council. l• The Recreation Subcommittee met with Tom Colbert, Director of Public Works and Dorothy Peterson, Superintendent of Recreation to review the Pedestrian Crosswalk Policy. A memorandum has been included for your review and is the second item under old business. The third item under Old Business is the mosquito control issue which the City Council has asked the Advisory Commission to investigate. Park Superintendent, Paul Olson prepared a memorandum following the subcommittee meeting on July 12 and is forwarding the Subcommittee's findings regarding this issue. The Commission is asked to forward a recommendation to the City Council for action at its July 18 meeting. The final item under Old Business is the acquisition of the northeast comer of North Park. Staff will make a verbal presentation regarding this particular item for the Advisory Commission. NEW BUSINESS Attached for your review is a memorandum from City Administrator Tom Hedges on behalf of the City Council. This memorandum has asked the Advisory Commission to consider the Caponi Art Paris as part of the future parks bond referendum. Mr. Caponi has asked to be present when this item is presented to the-Advisory Commission. It would be appropriate for this item to be referred to the Acquisition and Development Subcommittee, or the Commission as a whole, when it discusses a future parks bond referendum. Staff members Lilly and Brasch will update the Advisory Committee on the parks and water resources items. t Under Other Business and Reports, it may be appropriate for the Subcommittee Chair's to update the Commission on the status of the goals that were set two months ago. Staff thought it would be important to continue to revisit the goals list to assess our work progress on the items that were previously identified as work projects. As the Commission is aware, the 1995 Minnesota State Legislature passed a mandate requiring cities to act on preliminary plat applications within 60 days from the time of receipt. Community Development Director Peggy Reichert is defining a new development process and time frame for the City to deal with these applications. At the time I am writing this memorandum, Community Development has not specifically defined that process. I hope that by the July 17 Commission Meeting a defined process will be identified. The Commission will need to be aware of any changes or considerations it will have to make in reviewing preliminary plat applications. As always, if members are unable to make the tour or the Commission Meeting, they are asked to notify the Department in advance of their absence. Respectfully submitted, Ken Vraa Director of Parks and Recreation KV/cls 083ft mm.mtp.kv DEPARTMENT HAPPENINGS JUNE, 1995 1. The Yankee Doodle Arts and Crafts Festival estimates an attendance between 7,000 and 8,000 people. The Sunday morning rain had significant impact, not only on attendance but with crafters leaving early. Overall, with adjustments in logistics efforts, rethinking of the food menu and selection of a band more suitable to the Eagan audience, the event is groomed to become an annual opportunity in the city. 2. The Travel Baseball Tournament, played on Northview, Goat Hill, Rahn and Eagan High ballfields, was forced to stop play on Sunday, June 25 because of rain. This is the first time, in memory, that a tournament, using Eagan fields, chose to end play due to weather. In that the participants were youth, ending play is more understandable. 3. The Department has been asked to provide an interpreter for the hearing impaired at each Evening in the Park performance. Dawn Cardarelle will sign each event. 4. The first contact requesting fields for fall sports has been received. The EAA football director is concerned about field space for the youth program which has grown to 15 teams. 5. Russ Fraenkel, Eagan Arena Manager for Community Education 196 is leaving to become Community Ed Director in Mahtomedi. Staff has worked with Russ for 10 years or more. He has been an integral park of numerous partnerships and coordinated efforts. He will be missed! 6. Staff will be conferring with the City of Roseville concerning use of Visa/Master Card for activity registration. Tom Pepper, Assistant Finance Director will attend the meeting to represent the Finance Department perspective. 7. Youth tennis lessons are running at approximately 95% of capacity. Adult lessons continue to be at the nadir of the pendulum; 40% of capacity. 8. Among the activities Amy Sievers, Recreation Intern has planned for Eagan Seniors during the next two months is a trip to Red Wing. Seniors will lunch at the St. James Hotel and spend sometime shopping downtown and at the Pottery. 9. The Eagan Hockey Association will again conduct outdoor clinics at Goat Hill Park in August. The activity occurs in the hockey rinks on week-day evenings. 10. Field trips are popular programs for children this summer. 324 children went to Skateville, 94 went to Beaver Mountain, 109 went to Discovery Zone, 137 went to the Minneapolis Loons game and 209 will be going to Circus Pizza on July 13. 11. An evening T-Ball program for 5 year olds and a parent is held on Monday and Wednesday evenings at Goat Hill and Sky Hill Parks over 75 children/parents are involved in the program. 12. Summer in the Park continues to be a popular program. Over 1,122 children are involved. 13. The Picnic in the Park will be held on Thursday, July 20 for Summer in the Park participants. A D.J. will perform along with a BBQ lunch and prizes. 14. Adult Slo-pitch Softball moves into the final weeks of the spring/summer season. Regular season games end at the end of July, early August with post-season games following. Besides two weekends of Eagan play-offs, the Men's E State and Women's D State tournaments will be held here in August. 15. Overlapping the summer season is the Fall Adult Slo-pitch Softball season. Play begins August 14 and completes October 5. New for 1995 will be a one-pitch doubleheader league on Thursday evenings. 16. The Holz Farm Task Force met June 28. Research is happening regarding the family history, area history and assessment of the condition of the current structures. Information has been obtained to help deal with the bat and chicken guano that has accumulated. All of this background information will help the Task Force determine the future use of the site. 17. Many of the new nature programs have been well received. A family activity on Saturday, June 24 was cancelled but otherwise interest has been exciting and growing. Fabulous Fridays is averaging around twenty junior naturalists and the adult programs are drawing small but enthusiastic participants. Activities continue through August. 18. Camp Creative has been full for the younger kids section and half to two-thirds full for the older ones. Coming up July 21 is "What A Mess" day! 19. Fall Softball, Touch Football and Fall Basketball information is ready and available for interested teams. Kind of hard to think about in the heat of the summer. 20. 49 applications were received for the vacant park maintenance position created by the promotion of Paul Graham to the position of Park Operations Supervisor. Testing of qualified applicants will begin July 18. 21. Trail seal coating is out for bid as a component of the street seal coating project. Trails along Pilot Knob Road and Lexington Avenue are included. 22. The Lexington/Diffley irrigation system has been connected to water. The ballfields can now be manually watered. Work continues on the soccer fields. 23. Summer fertilization will be starting on irrigated fields. 24. A 10-1/2" rotary mower is being purchased for park and boulevard use. ~.Fr~' " MEMO - city of eagan DATE: JULY 13, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: TAN-ME INDUSTRIAL PARK - APPRO DEVELOPMENT BACKGROUND Tan-Me, Inc. is requesting a Preliminary Subdivision to allow three industrial lots on 6.70 acres located on Lot 7, Block 1, Sibley Terminal Industrial Park, northwest of Terminal Drive in the SE 114 of Section 8. Lot 7, Block 1 was originally platted in 1964 and had remained vacant until early 1995 when Tan Me Industries constructed an office/warehouse on the NW portion of the 6.7 acre site (Lot 2). The property is zoned 1-1 Limited Industrial. The City's Comprehensive Guide Plan designates this area as IND-Industrial. The proposed development is consistent with both plans. Developing the site for Industrial uses is compatible with the surrounding existing industrial uses. The lots all exceed the minimum lot size requirement of one-half acre. Lot one is 1.95 acres, Lot 2 is 2.58 acres and Lot 3 is 2.17 acres. The proposed lots have been created to accommodate permitted 1-1 uses and associated required parking. PARKS/TRAILS DEDICATION: This development shall be responsible for a cash parks dedication and a cash trails dedication. TREE PRESERVATION: This 6.7 acre industrial site is located in the SE 1/4 of section 8 on Terminal Drive. Most of the site appears to have been cleared and/or graded at one time, and is now re-vegetated with a mixture of deciduous trees. The existing Lot 1 will be divided through a platting procedure into three lots. 5 A Tree Preservation Plan has not yet been submitted, however a tree inventory schematic has been submitted with the Preliminary Plat for this property. This drawing shows the existence of a scattering of cottonwood, elm, ash, and oak trees throughout the three proposed lots. Tree diameters range from eight to thirty inches. It should be acknowledged that Individual Lot Tree Preservation Plans will be required for Lots 1, 2, and 3. WATER QUALITYM/ETLANDS: This parcel is located in drainage basin C and will generate stormwater that discharges to Pond CP-8, a designated stormwater management basin. Pond CP-8 in turn discharges to Pond CP-9, a 45-foot deep flooded gravel pit located in Ft. Snelling State Park. Staff recommends a cash dedication for water quality mitigation for this development because a previously constructed off-site treatment basin (Pond CP-8) will provide a substantial measure of treatment needed for this site prior to discharge to Ft. Snelling State Park. There are no jurisdictional wetlands within this development parcel. FOR COMMISSION REVIEW AND ACTION: 1. This development shall be responsible for a cash parks dedication. 2. This development shall be responsible for a cash trails dedication. 3. Individual Lot Tree Preservation Plans will be required for Lots 1, 2, and 3. 4. This development shall be subject to a cash dedication for water quality mitigation. KV:cm aaan-me.july PRELIMINARY PLAT FOR TAN ME INDUSTRIAL PARK YICNIY NO % . . lkht t~r~,• C / / • rarer. ~rwL'G'Lain wwa wrnrra rwr M r: ~ V r UL~ reo ~ W V c1YPMC 9CAIX r + ~ / ~ ♦ r rrr 1►..a.. ter.. ~ r~r.~~+ ~ / rr rprr rr i+a~ rr• « ,w M w sYr •I rr~r ANN a- umm I' S ENVIR08CIENCE ~mw■•wwn•ras.na~w JUN 2 8 1995 Or ,v TAN ME INDUSTRIAL PARK + + t , a" VICMTY MM r / / , . ~at'~r ♦ reAl Aar TO srwtE a •r . r waR 0 ~ . w,w aawmr - .~.yr rr~ ~ ~ ~ / a~I~Y u.p YwwitwlY )Aw! Nf11.1 nK H l..M 1Y.v Mel • ,r.. r`, r rwr Now GRAPMCW.AIR 4. MARK p~m1 AN r u w.... s :=H:> r ....r. art Y.r r w.wr,r . »►r mow.... ~ww - A ~iaw ianv w1o? nm i * ; w - ~w - 1 1 {--aenr rne•> ,a ;_~7?:°:{F__::"<?_2° ~ CJ r. r. .n ...wg unean.+~e.. w. yQ ~ • ~ ~ as .e i ~ ~ir~® - _ _ ! . / . ~ .mss r ..r~usiw wsr • w'"~=M' ::.:r~.:::: '.`.:;~rt_ ~•j !t ENVIR08CIENCE s roan, w.r - - acts r a e `n• W n~~w~M~n•.nu/ '1N31WtV'I3A30 OMddV o~ tt G see LL) t .~YI 111 Eu / r• r h4 Aw Tv +j 1r 1 / o Q 1 s J TAN ME INDUSTRIAL PARK 4/', ~ j ~ nur ro scvE OF 0' /~((Qr~\r JJ /do rjll J I r • aa. ~~s ra r tnn m•wa •n•nra M•c I ,w-,r •a ~ u....rwt I M by - K IC arm l..w ~ !lr •p R IIm I[K . ae® a F-MVIROSCIENCE rmr-r » ^ A"01 tlw.•~r.•r w •lunr•1 1►- A - • • ^ .•IIR qlK •►w A •4w 1 • Y W L1Y M•I U'Hlf i~r~~A~r~~ ••i~\wA.•WO•.N6.wyy~•n~.yf►Wy r- -A I r~-J ]t• Mil 1 Aki ;S33s3;;=sis•;a j d 'fill rip Z., I 'Al N, 37g6• ~~1 ~ _ ass . r ~ ` gyps q~.' ' ; , L.t~, r ~ . rk 6. 1. VL 1 ~iJ f r MEMO city of eagan DATE: JULY 13, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: TOWN CENTRE 100 SIXTEENTH ADDITION BACKGROUND: Federal Land Company is requesting approval of a Rezoning of approximatley 13 acres from Planned Development to Limited Business and a Preliminary Subdivision consisting of one lot and three outlots on approximately 13 acres located at the southeast intersection of Yankee Doodle Road and Lexington Avenue. The site is bounded by Yankee Doodle Road, Town Centre Drive, Lexington Avenue, and O'Leary Lane and is currently platted as Outlot A, Town Centre 100 Third Addtion. The developer is proposing a 50,000 sq. ft. Allina medical clininc on Lot 1, block 1, Town Centre 100 Sixteenth Addition. PARKS/TRAILS DEDICATION: The 16th Addition is part of an overall P.U.D. which has previously fulfilled its parks dedicaiton. Trails development is outlined within the P.U.D., therefore, there are no parks or trails dedications. TREE PRESERVATION: There are no significant trees/woodlands on site. WATER QUALITY/WETLANDS: This development is located in the LeMay Lake drainage. Runoff generated by the development will travel through four treatment basins before reaching LeMay Lake, a Class I direct contact recreation water body and the nearest downstream recreational-classified water body. The development plan for the six acre medical facility includes a detention basin which will provide partial treatment of runoff from that facility as well as the remaining six acres of the planned development. A supplemental cash dedication will be required in order to make up for the shortfall in treatment provided by the detention basin. That cash dedication obligation will be pro- rated based on area over the entire planned development. ~3- Staff recommends approval of the proposed ponding and cash dedication arrangement for several reasons. With an outlet skimmer, the detention basin will be effective at containing oil, grease, and floatable litter. In addition, it will also be remove an estimated 50% of the phosphorus load generated by the development. However, water quality problems in LeMay Lake are the result of the existing storm drainage infrastructure that discharges a large amount of runoff directly to the lake from areas outside this subwatershed. A supplemental cash dedication in lieu of additional ponding for this development can help finance more cost-effective improvements to mitigate excessive pollutant loadings originating elsewhere in the LeMay Lake watershed. There are no jurisdictional wetlands within the development site. FOR COMMISISON REVIEW AND ACTION: 1. The developer shall satisfy water quality mitigation requirements through a combination of on-site ponding and a supplemental cash dedication. 2. The pond shall be designed to provide partial treatment for the entire planned development. 3. The supplemental cash dedication shall be pro-rated based on the area for the entire planned development. KV:cm c4ltnctr100.16 )wERVIEW RD. ; P~ I U U,aaY , P E ~V MOONSHIN Lc E -R jo PARK' W T RIV ~ I II n a I I ALORIN DR. i VARIC I .f TAMARAC PT. c - BRCH PT. y , U NORWAY PT. j .rtwET FOREST RIDGE TR. IRONW000 LA. REDW000 PT. i0A0 SPRUCE PT. I t I YANKEE DOODLE AD ^ I t 57. DR. I T I AWCEE PL. O. " - - - - - - - - 07- ' - - cARRUC£ re(ccLS 5 7D - GOLF COLOW 3? < A I FVIEW i, T. 24--p LEA AR 0' LEA . oA z ` _ ~LAKF-t i a of DUCXIy 2 U TR ! CT. cGG { I 1 T *0001 I BET wA W W 1 z CREST - - - - - - - - LK u R LA.J LN. IR S @A 3 Y WA , i T. U LZ ii MUELLER r a~ ~ FARM PAR ♦s QV ~7N xi'SLSTAQ ,REI*N CT. FAL ao WA i AL ~i SCAYN' VEI ROAD IsFi I i t C7 ' ~w ? PARK il 01 ENMARK ,LRL.Y \ CT. ~ l ENMARK LIVE wAL CDE R f{. E. 1 ' I Z \ wESC I u ' 72 ROAD ~ MIESC0T7 ROAD r r CAE 79 ¢ b aun t7ECic Rz ►avrr - - - - ~ Y i LtlNF L OCKY LA. AVE. I 3 - T _ LS1TvIEw "-r 7 O -rte:[ - •Es~a' KY d i 1 1 I C~Hu~~ ' LAKt /I < •P?ALO A 1 ~ i ~'b / N RTHVEW ' GT. CE ~ DEERWOOD ORIVE j _ CARTHY - HOSrtrtORD T DR.. NORTHVIEw < A u `a, DR 16R BERRY PA I PARK c N f> a°1~1~~.`,`w`t.'~ AR 2` W O ~ci^ to L W OQRW PATRICK NOR HVIEW K ~,E P EAGAN BERRY 45 PARK Na/ r 0, T 3. 1% AV ~~e O 1 - a $ ^ Lq ` Cam, 7~„ ~.7} b, ~1 I C3 t (CO. RD. 301 60 OIFFEY ROAD L+ R 1 r ESQ rm o-~n I' /U/~LEY rv....~.... -.m 77 LOCATION r \4J NB ZONING :,y t I PD (Planned Development) : - °ooRlw~ FCREST _ i• .~+,•S~ Pnpr icMOS;ss RIDGE j~ r ~_R~be~7d+ c i7 ' 1 b R3 ~ I • w. utt 0-M 0-pl Ai0 t p.ry i .r•a I t_a CPO COMPREHENSIVE GUIDE PLAN CPD (Commercial Planned CPO fCPO Development) Cu Do Ls P~ t PF G/ rvc~c. 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Leiw~•►~w..wwaa..e ELL RDH BECKET L,,, o'.l 1 1 I fyy.,~ r•owa wl•-•u yrt ` W rl Lr...l...lxr I N 1r. • „•t.,~ry i ~ / ~ • 1556 ~ •ann• pant • ly LANDSCAPE PLAN he a-P-W-O 1ee+. m JUNG ee) 0.1 An 75 • tl 113-e0I 0I GENERAL LANDSCAPE PLAN MI. • to 0-1-~ea-0 - ta,•.• DLL 1 EAGAN HEALTH i 1 YANKEE DOODLE ROAD ALLI NA CO. RD. NO. 28 r HEALTH SYSTEM a urv±l•1 r r wn>al a w,.11U ~"M~ I u r.IM, li r - nr / IDN« 1a WU Gomm Ito iwfr A OnOAPa: . I ~ "1Oir t \ aw p, WW u morpi Blu~w.' Cw+le.wt 1 1 .1 Ll 11. \ _ I Z z I f9b"S ~.Nt alc n - q , e o . W.am m. ~ swl. 1 cmtmL. 7. 1t TADI ' wcTer~ai/eM kry - r W. 65408 11 ' 11. lit l 1TtN1 1 ISIf1 ..IN .In S", nz 1 ~ am+r, D~ I,.Or. AWPMmIo. • I t .4 1 PJ9[D J -'L $L' I RJP Orr :Q'~i rwroa ca.~n,w a ox wr. lar _ I n I liell ' I I ' I I PRELIMINARY PLAT PLAN SUBMITTAL 1 a ALLBAIS DECKAT 1 I Mir ISM' , i / 1 wyy~~ p~wM Y~ rYr l I/ GRADING PLAN 0-r-W-0 (m m rota b) 1 1►1 IIlt6 N w>.w t113-061 GENERAL GRADING AND DRAINAGE PLAN o~ I,1 ) ' EAGAN HEALTH i YANKEE DOODLE ROAD e ALLINA CO. RD. NO. 28 mom HEALTH SYSTEM ? . _ 4 - _ - _ : -rte , - - - - w~ ~ - - - - ~--•-iw wrest ~w w- !'1~ -M ~ xwu aa.~.. r- acne xspgn - ' ° ow`a..l.°i~O. t I ~ ~ ~ am a F J ~ !s +yao~ I I .B.e CF w eeaoaP W O P110p Sm BAN( M®tGN t C p1w ne aaeoo ca owl s..1- ' - lin' h: A ww l GtB.geeeelt OeMik Wo etnes v eseo I eeF se" Will w Gem -Xooo M 1 zz • • ) 'S.`. .f~ R G I iwio : r !-*-=K sell. q, _ r .u ae awl ' ~9~i, ;c~ \ ` t ~ I I i ~I ~ ~ i ~ - ~ J I G EM e..M me. ' LL11I111111 r_ ere.e. PB/aw ~ sent elt ewa t tom... \ ROF'OtED 0 't BFLf. I R OFilti \y, I 1 ~ } I \ L i I PRELIMINARY PLAT PLAN SUBMITTAL F 61 Msa.Y --r•-! BLLEBEE BEC[BT F I I Me. war , ~ ` • , - r'~'~lY -..GWr u,.-su yr+ ` . al J ♦ / / lL 1 I a+,. WiTSPA a psi' , / - - a ,••v~ ~ ~ • uw ~ cocas amt UTILITY PLAN r o-r-w-o (w sown eel w F JIM w nFO-wF GENERAL UTILITY PLAN Da o-r.w-s wF. MEMO - city of eagan DATE: JULY 13, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: EAGAN HEIGHTS - RLK ASSOCIATES, LTD. BACKGROUND Town and Country is requesting approval of the following applications; a Comprehensive Guide Plan Amendment for 27.55 acres from CPD (Commercial Planned Development) to D-III Mixed Residential (6-12 units per acre); a Preliminary Planned Development and Final Planned Development of 27.55 acres permitting 200 townhome units; a Preliminary Planned Development for 4.45 acres for the commercial development of the Planned Development; and a Preliminary Subdivision of 28 residential lots and two open space lots on two blocks, and two commercial outlots. The proposed residential development consists of 200 townhome units in 28 buildings containing 4-8 units, with a resulting density of 7.26 units/acre. The site is somewhat isolated from other residential development by high volume roadways and industrial development. The townhome development has proposed private cul-de-sacs with 20' building setbacks. A six foot wide trail system is proposed to link the various cul-de-sac "neighborhoods" with the open space system, the recreation area and the future commercial development. Access to the proposed subdivision will be provided by three proposed private street openings, two from Old Sibley Highway and one on Old Highway 13. PARKS/TRAILS DEDICATION: This development is located near Metcalf Junior High School, but outside any search area for a park. Staff has reqested the developer provide a centralized play lot (shown on the plan) and a trail system for access. Havng done this, staff is recommending a cash parks dedication and a cash trails dedication. r TREE PRESERVATION: This 33.5 acre site is located on the north side of Diffley Road and west of Cedar Avenue in the SW 1/4 of section 19. Most of this site appears to have been cleared at one time and is now re-vegetating with a mixture of deciduous trees and a few coniferous trees. A concentration of woodlands exists around a 20,000 square foot wetland in the west side of the property. The remainder of the vegetation exists along fence lines and property lines. The submitted Tree Preservation Plan indicates the presence of 89 significant trees and 55,167.7 square feet of significant woodlands. Significant tree species are comprised of ash (8" to 26" diameter), boxelder (8" to 36" diameter), cottonwood (12" to 16" diameter), and oak (8" to 16" diameter). The significant woodlands are comprised of boxelder, cottonwood, willow, elm, and cedar species (4" to 12" diameter). The development plan as proposed will result in the removal of 45 significant trees (52.9% of the total), and in the removal of 18,293.5 square feet of significant woodlands (33.3% of the total). - The developer has proposed grading the entire area to be developed at one time. The Tree Preservation Policy was originally set up to deal with development on a two- phase process. The first phase would include initial site grading and installation of utilities. During this phase, 25% of the existing significant vegetation is allowed to be { removed without mitigation. The second phase would include development of individual lots. A 30% removal of the remaining significant tree/woodland resource is allowed during this phase without mitigation. Staff is recommending tree preservation issues of this particular development be considered in an entire site phase, with all the tree preservation/removal matters be considered at the time of initial development. Allowable tree removal, when considered in one' phase, calculates to 47.5% of the existing vegetation. Therefore, allowable significant tree removal calculates to 40 trees, and significant woodland removal calculates to 26,204 square feet.. No tree/woodland removal will be allowed after this initial development. Mitigation for significant tree removal in excess of allowable limits calculates to 9 Category A trees or 18 Category B trees or 36 Category C trees. Because significant woodland removal of 33.3% is less than the allowable (for total site development), there is no significant woodland loss mitigation. WATER QUALITYMETLANDS: This development would generate stormwater that will discharge off-site to Pond AP- 39, a sediment basin constructed by MnDOT and located in the Minnesota River bottomlands adjacent to Highway 77. There are no recreational water bodies downstream. There are flow capacity problems with the storm sewer serving this area, so Public Works Department will be recommending that on-site ponding for flow control be incorporated into the development. The current site plan includes two detention basins that will receive runoff from both the 27.5 acre multi-family parcel and another 4.5 acres of commercial-zoned land within this planned development that will ( be developed in the future. The detention basins do not contain sufficient volume to fully meet water quality treatment requirements for the multi-family residential portion of this development. Thus, a supplemental cash dedication will be required to make up or the shortfall in treatment. A wetland survey of the property identified one isolated wetland area of approximately .18 acres. The developer is not proposing and filling or draining of this wetland, so a finding of no impact is appropriate. FOR COMMISSION REVIEW AND ACTION: 1. This development would be responsible for a cash parks dedication. 2. This development would be responsible or a cash trails dedication. 3. The Tree Preservation Plan as should be approved as proposed. 4. The developer shall install 9 Category A trees or 18 Category 8 trees or 36 Category C trees as mitigation for significant tree removal in excess of allowable limits. This tree replacement will be in addition to any vegetation required in a landscape plan. 5. Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) shall be t installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 6. The developer shall be required to contact the City Forestry Division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 7. The developer shall be given credit for the on-site ponding identified in the current site plan, and a supplemental cash dedication shall be required as mitigation for the shortfall in treatment provided by the proposed pond system. 8. Filling or draining of the wetland on the site be prohibited. KV:cm c4%egnhghts. i GOVERNING SPECIFICATIONS MPLAN SYMSOLS~ RR u vrr ERRRN O,RE a EM AWMEWXA 'STNIW/W 1»11CUpR - O-RwI AS AVMWTR M M 91MREIpRM, SvcR`OUKAS SfWI RdtlRA PROPOSED, PROPmIV UK INDEX PROPOSED CUTS - cUt= EAGAN HEIGHTS CO~ NAIIE g~`~ SHEET I E■STNG WaRTING CONDTNONS PUN S PROPOSED nuwno PREIl1INARY TN66 PR&SEft1TAT10N PUN 9 EATSTNR MIRDINO TETARINO WALL DIFFLEY ROAD PNEIL[INANY SITE PUN 4 PEKOE PREIL13HARY PLAT 5 PROPOSES CAWTO RAIL & PRELMINARY GRADING, DRAINAGE 6 Eliff[ING GUARD PA` t EROSION CONTROL PLAN PROPOSED SRRI OLD SIBLEY HIGHWAY PRELDIINARY 111'I.T19 PLW 7 E SING SICII PREIIYMARY UNDSCAPE PUN (REST) 8 LTGIT STMIMRD 8 t "MS'"° B EAGAN, MINNESOTA E~ LANDSCAPE DETAL SHEET P`"" (EAST) RA SIGNAL PEnmu ~ PROPOSES TREE ORATE 0 Ex1S1NR TROF GMTE TREE O fTkva E THIS PLAN SET CONTAINS 10 SHEETS PRELIMINARY PLANS FOR: PLANS PREPARED FOR: MUTILITY SYMBOLS~ PROPGSm GRADING, SANITARY SEWER, STORM SEWER, TOWN & COUNTRY HOMES 8900 SA AR` SETTER WATER MAIN, CONCRETE CURB & GUTTER, FRANCE ITE #170 AVENUE SOUTH SMNWRV SEWER M"N W • AND BITUMINOUS PAVING EDINA, MINNESOTA 55435 FORCE M"R, (SSMOYM (812) 925-3899 WATER MEN -1- WATER MAIR GTE VALVE j TIRE NMRVIIT } S,OM sc.E I C~ .5~ E y, SURVEY PREPARED BY: SISRY SERER M"RI1Ota • GSC" • f r 'M . I EGAN, FIELD & NOWAK INC. °R t SURVEYORS SY OfHERS `^4 7415 Wayzata Boulevard SAWW sum (BY OTHERS) A "11 ` I~ • ~.4- Minneapolis, Mlrw~esoto 5.425 MATER MV1 (m OTHERS) STORY SEWER (n' OTHERS) _ PLANS PREPARED BY: ocrsrmc P X GMTAm SERER SARRMTT SETTER vA*w V PROJECT Gxz YRIR.ne.t FORM MAR (SMMam ........".-Tr__------ LOCATION '~r~~'i+~:~ ~,:~,.~a~; - ~'~Fr",.~" "PO`'"'ssO~is MATER YME M._..---. N* • ry _ : } S s~t~~",~+~'nw.v - '+n'e' ASSOCIATES Lm. 12) 9JJ_SYn CURB fm: E12) 933-1153 STOP MATER WN MMllalc * ~ IK ,J E. WATER MAR GTE MWE ,r W TIRE " YIEHLER PETERSON & ASSOCIATES. LTD STORM SERER _ ai Puttnmy - ) e i STOM SERER M/MR%E C ~ ♦ rrv~ _.w nsi srAn CXW ulixOls eoOT "rx( +Ae cow GSN 10 -f ~ ~t EAGAN HEIGHTS TEI.EPEIONE UNE I T TE11PHOME PEDESTAL v r. 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Q... 0..... r ~E asescaa~A a!a!I! aaca:l! ~ 77, f ty pis o Ile ^Z-'I IMS 33S - ZNPIHDIVW r MEMO - city of eagan DATE: JULY 13, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: SODERHOLM ADDITION BACKGROUND Ray Connolly and Del Einess are requesting a Preliminary Planned Development to allow a Holiday Station Store, McDonalds, retail shops, and a medical clinic; and a Preliminary Subdivision of 4 lots and one outlot located on 9.32 acres at the NW intersection of Diffley Road and Lexington Avenue in the SW 1 /4 of Section 23. Lot 1 is located at the immediate intersection of Diffley Road and Lexington Avenue. This lot is 1.40 acres and is proposed as a 4,000 sq. ft. Holiday Station Store. Lot 2 is located west of the Holiday Station Store on Diffley Road and is 1.44 acres and proposed as a 3,200 sq.ft. McDonald's restaurant. Lot 3 (3.09 acres) abuts Lot 2 on the west and is located at the immediate intersection of Diffley Road and Lexington Way for proposed 10,800 sq. ft. of retail shops. Lot 4 is located to the north, along Lexington Way and is proposed as a 24,000 sq. ft., three story medical clinic. PARKS/TRAILS DEDICATION: TREE PRESERVATION: This 9.7 acre site is located between Lexington Way Avenue and Lexington Avenue on the north side of Diffley Road in the SW 1/4 of section 23. The site currently consists of an open agricultural field with an existing farmhouse and outbuildings located in the southwest corner of the parcel. The development calls for the site to be split into four lots and three outlots, with individual businesses to be developed on each lot. Existing significant vegetation is limited to the area surrounding the farmhouse and outbuildings. The submitted Tree Inventory indicates the existence of just three significant trees, an 8" elm, a 24" ash, and a 12' pine. The development as proposed ,~3 will result in the removal of all three trees. Specifically, the trees are located and will be removed from the building pad and parking areas of the proposed retail shops in the southwest corner of the parcel. Mitigation for tree removal in excess of allowable limits calculates to 3 Category'A trees or 6 Category B trees or 12 Category C trees. These replacement trees are in addition to any landscape requirements. WATER QUALITYIWETLANDS: This development is located in the Fish Lake drainage. The development will generate stormwater runoff that will discharge to two small sediment basins off the site before reaching McCarthy Lake in Patrick Eagan Park, a Class II indirect contact recreation water body. Modeling shows that without on-site ponding, the non- degradation standard for McCarthy Lake would not be met. Thus, staff is recommending that the development incorporate on-site ponding to meet water quality mitigation requirements. The current development plan incorporates a two-cell detention basin, but will need some design modifications in order to satisfy treatment requirements. There are no jurisdictional wetlands within the development. FOR COMMISSION REVIEW AND ACTION: 1. This development shall be responsible for a cash parks dedication. 2. This development shall be responsible for a cash trails dedication. 3. The Tree Preservation Plan as shall be approved as submitted. 4. 7 smaller existing landscape trees (3", 4", three 5" pine, 6" pine, 3" ash, and a 4" ash) shall be preserved via transplanting to a "safe area" on site or made • available to City staff to transplant to a park area. 5. This development meets water quality mitigation requirements with on-site ponding. 6. The current design of the pond is unacceptable and will need to be modified. The final pond design must be approved by the water resources coordinator. KV:cm aaan-mejuly L U aL -allp z gl ~ 'rs k~~~ 't s•'~ JI. 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IE{(tPya~g ~yg~, E ~E ~C id~ g~;~«~Y yt~ 1pt IP Pe■( it A1. 6a1 d~fi D= El hi € : 'F. v.`1.. 0~: v! tR it ca e9::~~ : B{De 7-= PCB ip iIEFii Fai F' .Y66.cS iCii44 7ill tla i7tl! MEMO city of paean DATE: JULY 13, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: DELOSH ADDITION - WAYNE BREKKEN BACKGROUND Wayne Brekken is requesting a Preliminary Subdivision to allow 13 single family residential lots on 9.9 acres located in the SE 1/4 of Section 4, north of Skyline Drive, south of Highview Terrace and west of Highview Park. The property is zoned R-1 single family, and the Comprehensive Guide Plan designates this area as D-1 single family (0-3 units/acre). The proposed development is consistent with both plans. i^. The area is completely surrounded by low density residential. Developing the property as low density single family residential is consistent with the existing residential area that completely surrounds this site. All of the proposed lots exceed the minimum lot size for an R-1 district. The smallest lot is 12,434 sq. ft. and the largest lot size is 107,252 sq. ft. the average lot size is 33,194 sq. ft. The density is 1.3 units/acre. PARKS/TRAILS DEDICATION: This development will be serviced by Highview Park. With the existing park, this plat will be subject to a cash parks dedication and a cash trails dedication. TREE PRESERVATION: This 9.5 acre site is located south of Highridge Terrace and north of Skyline Road in the SE 1/4 of section 4. The site is approximately 75% wooded with a variety of upland deciduous trees, with the remainder of the site classified as open grass areas. A steep, wooded ravine runs through the site from the southeast to the northwest. According to the developer/owner this ravine area is undevelopable and will be left as is. Existing significant vegetation, as indicated on the submitted Tree Inventory, consists of 262,358 square feet of significant woodland. Species composition of this woodland consists of a mixture of deciduous trees including boxelder, birch, cottonwood, elm, and oak. As proposed the development will result in the removal of approximately 31,000 square feet of significant woodland (12% of the total existing significant woodland). This woodland removal will occur throughout the site with the exception of Lot 6, Block 1. Woodland /tree removal for this lot will occur as the particular lot is developed. An Individual Lot Tree Preservation Plan will be required for this lot at the time of ( building/grading permit application. The developer has proposed grading the entire area, with the exception of the above mentioned Lot 6 Block 1, to be developed at one time. The Tree Preservation Policy was originally set up to deal with development on a two-phase process. The first phase would include initial site grading and installation of utilities. During this phase, 25% of the existing significant vegetation is allowed to be removed without mitigation. The second phase would include development of individual lots. A 20 removal of the remaining significant tree/woodland resource is allowed during this phase without mitigation. Staff is recommending tree preservation issues of this particular development be considered in an entire site phase, with all the tree preservation/removal matters be considered at the time of initial development. Allowable tree removal, when considered in one phase, calculates to 40.0% of the existing vegetation. Therefore, allowable significant woodland removal calculates to 104,943 square feet.. No tree/woodland removal will be allowed after this initial development. Because the significant woodland removal of 12% is less than the allowable limit, there is no mitigation for this development. WATER OUALITY/WETLANDS: - - This development is located in Drainage Basin H and will generate stormwater that will discharge to bottomlands along the Minnesota River. Because of the absence of any designated downstream recreational water bodies, the low density of the development, and the fact that there are no good ponding locations within the site, staff recommends a cash dedication for this development. While there are jurisdictional wetlands within the proposed subdivision, none lie within the areas proposed for grading and construction. FOR COMMISSION REVIEW AND ACTION: 1. This development shall be responsible for a cash parks dedication. 2. This development shall be responsible for a cash trails dedication. 3. The Tree Preservation Plan should be approved as submitted. 4. This development shalt require Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting) to be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of the significant trees/woodlands to be preserved. 5. The developer shall contact the City Forestry Division at least five days prior to the issuance of a grading permit to ensure compliance with the approved Tree Preservation Plan. 6. Individual Lot Tree Preservation Plans will be required for Lot 6, Block 1. 7. The Tree Preservation Plan as shall be approved as submitted. KV:cm a:ldelosh DELOSH ADDITION ,,w• ri VALLR VIEW PLATF:AU rlww t'►.rwl•wr ■ I.w. , rq.x R.w• I M„ w~ I w,w r~ : • ( wrw. M.*rr I ,wr R trr•w• • I lw.r. rx..w ~ryr t ww.., r t a t a +.•.n. tuw•w ( I I \ \ ~ ~ " - I ~ ' ( ~ I EZ~] ~wrwtcr •nr, it o I L01 t I O , r! w w ~.x J,.!» w A i t K ~F tl \ I r I a ..I o 1 I VA.Ll...Y YiFW Pl..4TF:AU P. 1. 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Room ow MEMO city of eagan DATE: JULY 13, 1995 1 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION SUBJECT: DRAFT AGREEMENT WITH GOPHER SMELTING AND NORTH PARK LAND EXCHANGE ISSUE The issue before the Advisory Parks, Recreation and Natural Resources Commission is to review the draft agreement for a land exchange between the City and Gopher Smelting for North Park. The Advisory Commission should review and make a recommendation as to any changes in the proposed draft agreement and forward those to the City Council for approval and adoption. ` BACKGROUND In anticipation of the land exchange between the City and Gopher Smelting for North Park (aka Borchert Ingersol tax forfeited property), Gopher Smelting and City staff prepared an agreement covering the exchange of property between the two entities. An executive summary of the draft agreement has been prepared as well as the agreement itself for your review. If the Advisory Commission approves the draft agreement, it would be forwarded to the City Council on July 18 for review. The intent is to receive preliminary approval of the draft agreement prior to development of the necessary exhibits as outlined in the agreement. STATUS OF ACQUISITION OF NORTH PARK Staff has submitted the necessary application to Dakota County to request the transfer of title for North Park to the City. The process requires that this item be formally acted upon by the Dakota County Board of Commissioners. Staff anticipates acquisition of the property to be completed sometime during the month of August. FOR COMMISSION ACTION To make a recommendation regarding the draft agreement forwarding recommendations for changes and adoption to the City Council. R cs3MorthPk.kv EXCHANGE AGREEMENT BETWEEN CITY OF EAGAN AND GOPHER RESOURCE CORPORATION Executive Summary BACKGROUND Gopher Resource Corporation approached the City in early 1995 about acquiring a portion of a parcel of tax-forfeited property that lies to the north of its existing property adjacent to the Soo Line Railway just north of Yankee Doodle Road. Gopher would like to expand its operations to the north by building a light industrial manufacturing plant on this parcel. Gopher offered to exchange a portion of its property which lies adjacent to certain wetlands, along with easements over other parts of its property that are adjacent to the wetlands for part of the tax- forfeited property. The City would then be able to construct a park on the remainder of the tax- forfeited property and build a trail system along the wetlands. In addition, the remainder of the property that the City acquired from Gopher would be used for open space purposes and for the continued operation of a composting facility that serves the City. Gopher has assisted in the passage of a law by the State of Minnesota to authorize this transaction. The staff of the City's Parks Commission has held a series of meetings and conducted good faith negotiations over the course of several months. The results of the 4 Exchange Agreement will benefit the City of Eagan and its citizens by: 1) providing a new park (including baseball diamonds and a trailway system) dedicated to public use; 2) strengthening the tax-base for the City; and 3) continuation of the composting facility, a valuable community resource. PROPOSED TRANSACTION The City is in the process of acquiring title to tax forfeited property from Dakota County (Parcels A and D). Gopher owns Parcel B and is in the process of purchasing Parcel C. Gopher will exchange Parcel B (11.5 acres + trailway easements) for Parcel A (9.4 acres) on an even basis. The properties would be exchanged subject to pending, levied and future assessments which each party will assume and pay when due, although Parcel A would not be subject to any levied special assessments when it is transferred to Gopher. Using the following assumptions, the City will be acquiring property with a net value that is $26,000 greater than the land it is exchanging with Gopher: j 328251.1 6129195 1 f Fair Market Value of Parcel B (11.5 acres x $17,500/acre) $201,250 Less Unpaid Assessment Charges: Unpaid Storm Sewer Trunk (4,196) Future Water Access Charges (750) Future Water Trunk (17,289) Future Yankee Doodle Road Assessments (63,259) ($85,494) Subtotal: $115,756 Plus Future Compensation: Condemnation Proceeds from Yankee Doodle Road 39,050 Rents for Lease for Compost Facility 36,000 Subtotal: $75,050 NET VALUE OF PARCEL B $190,806 Fair Market Value of Parcel A (9.4 acres x $17,500/acre) $164,500 ! NET VALUE OF PARCEL A $164,500 USE OF PARCELS After the exchange, Parcels B and D will be used by the City for park and open space purposes. A portion of Parcel B will be leased back to Gopher for the operation of the compost facility currently located on the property (see Compost Lease below). Gopher will use Parcels A and C to construct a new light manufacturing facility. Parcels A and C will have 30 foot setbacks from the adjacent park, will have a fence and landscaping between the facility and park, and will be subject to a restriction prohibiting windows and reflective finishes on the side of the facility facing the baseball diamonds. ZONING AND CITY APPROVALS Parcel B is presently zoned as a PUD. Parcels A, C and D are presently zoned as L-1 (light industrial). Prior to the exchange the City and Gopher will attempt to rezone all of the parcels so that each parcel is zoned for the use set forth above. Rezoning may include an amendment of the existing Gopher PUD or the creation of a new PUD. In addition the City will extend its utilities across Parcel D from Borchert Lane to provide utility access to Parcels A and C. The cost of the extension shall be shared by the City and Eagan in an equitable manner. 328251.1 6/29/95 2 COMPOST LEASE i Gopher currently leases a portion of Parcel B to Southern Minnesota Construction and Empire Organic Greenhouse (SMC/EOG) for the operation of a compost facility that serves the City with rents based upon the amount of yardwaste that is composted. Upon the exchange, Gopher would lease the portion used for the compost facility back from the City at the rate of $12,000 per year. Gopher would then sublease the property to SMC/EOG. By leasing the property from the City, Gopher has agreed to shoulder the economic risk associated with the operation of the compost facility while allowing for the continued operation of the facility for the benefit of the City. ROAD EASEMENT In conjunction with the exchange, an access easement will be placed along the border between Parcel B and property that Gopher will continue to own. Either the City or Gopher may construct a road along the easement at its own expense, with the other party permitted to use the road. The other party will contribute half of the cost of construction and maintenance of the road as soon as that party begins to use the road for access to improvements on their property. If either party wishes to dedicate the road to public use, the other party will cooperate. 328251.1 6!29/95 3 EXCHANGE AGREEMENT THIS AGREEMENT is made and entered into this day of , 1995, by and among the City of Eagan, a body corporate and politic, under the laws of the State of Minnesota ("Eagan") and Gopher Resource Corporation, a Minnesota corporation ("Gopher"). RECITALS A. This Agreement concerns certain parcels of unimproved real property located in the City of Eagan, County of Dakota, State of Minnesota. The parcels are identified as Parcels A, B, C and D in this Agreement. They are legally described in Exhibit A and sketched on Exhibit B. Some of the legal descriptions set forth in Exhibit A are metes and bounds descriptions and will be replaced with new platted legal descriptions. The exact legal descriptions shall be determined in the platting process and shall be subject to the approval of the parties and the title insurer. The final location of the trail easement which is part of Parcel B shall be approved by the parties after review of its location by the Department of Natural Resources of the State of Minnesota. B. Eagan is in the process of acquiring title to Parcels A and D from Dakota County. C. Gopher is the owner of Parcel B and is in the process of acquiring Parcel C from a third party. D. Gopher and Eagan intend to effect, on the Closing Date, an exchange of Parcels A and B in a like-kind exchange transaction qualifying under Section 1031 of the Internal Revenue Code of 1986, as amended (the "Code"). 301809.3-red 6/29/95 ~l. AGREEMENT FOR VALUABLE CONSIDERATION, the parties hereto agree as follows: M 1. Property Exchanged. Eagan and Gopher hereby agree to exchange Parcels A and B on such terms and conditions as are hereinafter set forth. Under this Agreement Eagan shall be deemed the transferor of Parcel A and the transferee of Parcel B, and Gopher shall be deemed the transferor of Parcel B and the transferee of Parcel A. 2. Consideration. At the closing Eagan shall convey and transfer Parcel A to Gopher and Gopher shall convey and transfer Parcel B to Eagan. The transfers and conveyances shall be made on the terms and conditions set forth in this Agreement. 3. Contingencies. 3 1 Platting and Rezoning. Parcel B is presently zoned as a Planned Unit Development ("PUD") Area. Parcels A, C and D are presently zoned L-1 (light t industrial). Before the closing of this exchange can occur, the parties believe it is necessary for Parcels A, C and D to be platted and for all of the Parcels to be rezoned. In accordance with applicable rocedural processes, Eagan and Gopher agree that they will jointly and cooperatively petition the City of Eagan to plat Parcels A, C and D and rezone all of the Parcels. In furtherance of this rezoning and platting process, the parties endorse and agree to support the following concepts: .11 The use of Parcel D as baseball fields, parkland, 3.1 parking area, trailways and open spaces. 3.1.2 The use of Parcel B for public park and open space purposes, together with the concurrent use of portions of the property as a parking area, for trailways and for composting. 301809.3-red 6/29/95 2 ~Z• 3.1.3 The use of Parcels A and C for the construction of a r ' fenced, light industrial manufacturing plant with railway spur, truck access, and outside storage of materials. .1.4 A building setback which allows adequate space for landscaping on Parcels A and C from the northwesterly property line of Parcels A and C which abut Parcel D, of no more than thirty feet. 3.3.15 A prohibition on windows and bright reflective finishes on the side of any building to be constructed on parcels A and C which faces the ball fields on adjacent park land. = 3.1.6 A matching of the grades along the boundary between Parcels A, C and D. =3 1.7 Amendment of the existing Gopher PUD or the creation of a new PUD to permit the uses proposed herein for parcels A, B, C and D. L.1.8 The extension of all City utilities across Parcel D from Borchert Lane to provide :t utility access to Parcels A and C, the e of which are to be shared by the parties in an equitable manner. In the event the parties are unable to plat Parcels A, C and D and rezone all of the parcels in accordance with the concepts described herein, then this Agreement may be terminated by either party and neither parry shall have any further obligation to the other party. 301809.34ed 6/29/95 3 5! 4. Project Approvals. 4.1 Government Approvals. The parties shall make diligent efforts to obtain governmental approvals of the proposed platting of Parcels A, C and D and rezoning of all of the Parcels. Each party will be solely responsible for all costs and expenses attributed to said applications as they relate to the Parcels which each parry intends to own upon completion of the exchange contemplated by this Agreement. 4.2 Site Investigation. Prior to closing, transferee and its representatives, at transferee's sole expense, may enter the transferor's property and conduct surveys, soils tests, hydrology tests, environmental tests, archaeological tests and such other tests as transferee may reasonably deem appropriate. Transferee shall keep the transferor's property free from mechanic's liens arising from such work. Transferee shall, at transferee's cost, repair any resulting damage to the transferor's property and t shall defend, indemnify and hold harmless transferor from any resulting liability, injury or damage to persons or other property. Notwithstanding the foregoing, no transferee may enter on to transferor's property until such time as transferor shall have either acquired title to such property, or the right to enter on to the transferor's property from the current owner of such property. 5. Date of Closing. The closing on this Agreement (the closing) shall take place within 60 days following satisfaction of all of the Contingencies under this Agreement but in no event later than , 19_, unless the parties agree to a different closing date. 6. Place of Closing. The place of closing shall be at Eagan City Hall,.Eagan, Minnesota, or such other location as may be mutually agreed upon by the parties. 301809.3-red 6/29/95 4 I-A 7. Title and Remedies. In lieu of all other evidence of title, as soon as i reasonably possible following the date of this Agreement, Eagan shall provide to Gopher (relative to Parcel A) and Gopher shall provide to Eagan (relative to the Parcel B) commitments for an owner's policy of title insurance issued by a title insurer reasonably satisfactory to Gopher and Eagan. The policy insuring Parcel A is referred to herein as the Parcel A title policy; and for the purposes of this section, Gopher shall be the named insured thereof and Eagan shall be the provider. The policy insuring Parcel B is referred to herein as the Parcel B title policy; and'for the purposes of this section, Eagan shall be the named insured thereof and Gopher shall be the provider. Each commitment shall commit to insure the named insured thereof as the owner of the real property described therein in an amount equal to t $200,000. The only obligation of the policy's provider shall be to obtain the commitment, and the named insured shall be responsible for the cost of the premium for the policy. If any exceptions to title are shown on the commitment other than the allowable encumbrances (defined below) and the standard exceptions contained in the title insurance commitment, the provider shall be allowed thirty (30) days from the date the commitment is received by the named insured to remove such exceptions. If the closing date occurs during such 30-day period, it shall be postponed. On removal or waiver of such objections and on written notice to the named insured, the closing shall occur and this Agreement shall be performed by the provider and the named insured. If such objections are not removed within said thirty (30) days, the named insured, at the named insured's election made by notice given to the other party within five (5) days after said thirty (30) day period, may waive the objections and take title as is or declare this Agreement void. If it is so voided, 301809.3-red W9/95 5 neither party shall be liable for damages hereunder or otherwise be obligated hereunder to the other. If no such notice of election is given by the named insured within said five (5) day period, the named insured shall be deemed to have declared this Agreement void. If there are no exceptions to title other than the allowable encumbrances, if any other objections are removed within said thirty (30) days, or if the named insured elects to waive the objections, and if the named insured thereafter defaults in any of the agreements herein, the provider may specifically enforce or may terminate this Agreement. 8. Real Estate Taxes and Special Assessments. The transferor shatI pay the real estate taxes relative to the transferor's property that are deferred or that are due and payable in all years prior to the year of closing.- Real estate taxes relative to the transferor's property that are due and payable in the year of closing shall be prorated between transferor and transferee from January 1 of the year of closing to the date of closing. t Parcel A shall be transferred subject to pending and future special assessments ^ Parcel B shall be transferred subject to pending, and future special assessments. Any jnstallments of levied special assessments due and payable in the year of closing for Parcel B shall be prorated in the same manner as real estate taxes. Any levied assessments for Parcel A shall be paid by Eagan at or before closing. Transferee shall responsible for the payment of all real estate taxes and special assessments due and payable in all years following the year of closing which transferor is not otherwise required to pay under this Agreement. Transferor has made and makes no representations or predictions concerning the amount of real estate taxes or special assessments that may be levied, pending or deferred against transferor's property. 301809.3-red 6/29/95 6 9. Other Prorations at Closing. The following prorations shall be made between Eagan and Gopher at the closing, as of the close of business on the day prior to the closing date: (a) Prepaid rents and additional rents as may be defined in leases of portions of the transferor's real property; (b) Any other income generated by the real property; (c) Any other items customarily rorated but not specifically addressed elsewhere herein. 10. Closing Documents Relative to Parcel A. Subject to Eagan's and Gopher's performance of their respective obligations hereunder, the parties agree to fully execute and deliver at the closing the following items relative to Parcel A. (a) The Parcel A title insurance commitment, down-dated to the closing date. The encumbrances allowed to be shown on the commitment (the Parcel A allowable encumbrances) shall be as follows: (i) building and zoning laws, ordinances, state and federal statutes and regulations; (ii) utility and drainage easements of record; (iii) real estate taxes and special assessments to be paid or assumed by Gopher pursuant hereto; (iv) reservation of any minerals or mineral rights to the State of Minnesota. The commitment shall not _contain any exception to title based on the source of title arising from a tax forfeiture_ proceeding. If the title insurance company shall 301809.3-red w9/95 7 require anv registration proceeding or quiet title action in order to delete such exception, the parties agree to cooperate in bringing such an action with respect to Parcels ,A and D, and to share in the costs of such a proceeding in an equitable manner. Gopher agrees to provide any reasonable undertaking to the title company which it may require in order to remove such exception. (b) A guilt claim deed (the Parcel A t deed) conveying t a tax title to Parcel A to Gopher=; (c) Funds from Gopher sufficient to pay its share of the closing costs, including the recording fee for the Parcel A deed; (d) Funds from Gopher-to pay for the premium for the title policy; (e) Such affidavits as the title company shall reasonably require in order to omit from its title insurance policy all exceptions for judgments, bankruptcies, tax liens, mechanic's liens, and unrecorded interests in Parcel A; (f) Such documents as are necessary to clear any title objections made or hereunder; (g) Funds from Eagan to pay its share of the closing costs, including Eagan's proportionate share of real estate taxes, = and = special assessments; (h) Any other documents required by law or by this agreement to be delivered by either party relative to Parcel A. 11. Closing Documents Relative to Parcel B. Subject to Eagan's and Gopher's performance of their respective obligations hereunder, the parties agree to fully execute and deliver at the closing the following items relative to Parcel B: 301809.3-red 6/29/95 8 (a) The Parcel B title insurance commitment down-dated to the closing date. The encumbrances allowed to be shown on the commitment (the Parcel B allowable encumbrances) shall be as follows: (i) building and zoning laws, ordinances, state and federal statutes and regulations; (ii) utility and drainage easements of record; (iii) real estate taxes and special assessments to be paid or ash mimed by Eagan pursuant hereto; (iv) a common driveway easement for the benefit of the owners of Outlots F, G, H, aril r Gopher Eagan Industrial Park 2nd Addition, incorporating substantially all of the terms set forth in Exhibit C attached hereto. (v) reservations of any minerals or mineral rights to the State of Minnesota; NO the rights of Southern Minnesota Construction and Empire Organic Greenhouse under lease dated March 17, 1993, between Southern Minnesota Construction and Empire Organic Greenhouse ("SMC/EOG"), as tenants, and Gopher, as landlord (the "Compost Lease") (b) A warranty deed (the Parcel B warranty deed) conveying marketable title to Parcel B to Eagan, subject only to the allowable encumbrances; (c) Funds from Eagan sufficient to pay its share of the closing costs, including the recording fee for the Parcel B warranty deed;. _ (d) Funds from Eagan to pay for the premium for the title policy; 301809.3-red W9/95 9 3~. (e) = A lease between Eagan, as landlord, and Gopher, as tenant, for the property subject to the Compost Lease, incorporating substantially all of the terms set forth in Exhibit D attached hereto; f~ An assignment to Gopher of the original Compost Lease; A check or credit to Eagan in the amount of the security deposit if~an being held by Gopher, including any interest thereon for the Compost Lease; Letter to the SMC/EOG advising it of the transfer of title to Parcel B from Gopher to Eagan and the transfer of the security deposit (if any), together with interest thereon; Q Letter from SMC/EOG acknowledging the transfer of title to Eagan and acknowledging that the Compost Lease is a sublease subordinate to the Lease between Eagan and Gopher.^ z To the extent they are in Gopher's possession and not posted at Parcel B, such certificates, licenses, permits, authorizations and approvals as have been issued with respect to Parcel B by governmental and quasi-governmental authorities having jurisdiction; =(k) Such affidavits as the title company shall reasonably require in order to omit from its title insurance policy all exceptions for judgments, bankruptcies, tax liens, mechanic's liens, and unrecorded interests in Parcel B; (1) Such documents as are necessary to clear any title objections made hereunder; (m) Funds from Gopher to pay its share of the closing costs, including Gopher's share of real estate taxes'' and " special assessments; 301809.3-red W9/95 10 W (n) Any other documents required by law or by this agreement to be t delivered by either party relative to Parcel B. 12. Liability for Closing Costs. Any service charge for preparation of the title insurance commitment on each parcel shall be paid by the transferor. The transferor shall also pay the cost of the state deed tax due on recording of the t deed delivered by the transferor. The transferee shall pay the cost of recording the deed. Gopher and Eagan shall each pay one-half of closing fee of the title insurance company. 13. Representations and Warranties. 13.1 litigation. Transferor represents and warrants to transferee that there is no litigation, and to the best knowledge of transferor, no investigation, condemnation or proceeding of any kind pending against the transferor's party. 13.2 Wells, Tanks and Sewage Systems. Transferor represents and warrants to transferee that transferor knows of no wells, underground or aboveground tanks, or private sewage systems that now exist or ever were located on any portion of the transferor's property. ' 13.3 Brokerage Fees. Each party hereto warrants that it has not incurred any real estate brokerage or finder's fees to any third party. 13.4 Transferor's Representations and Warranties Condition Precedent. Transferor hereby agrees that the truthfulness of each of the representations and warranties made in this Agreement is a condition precedent to the performance by transferee of its obligations hereunder. Upon the breach of any thereof, transferee may, prior to the Closing Date, terminate this Agreement or transferee may elect to 301809.3-red W9/95 11 ~1 close this exchange. If transferee elects to terminate this Agreement, then neither party shall have any further rights or obligations hereunder. 13.5 Indemnity. Transferor shall indemnify transferee, its successors and assigns, against, and shall hold transferee, it successors and assigns, harmless from, any costs, expenses or damages of any kind or nature, including reasonable attorneys' fees, which transferee may incur because of any breach of the representations and warranties herein contained. 13.6 Survival of Warranties and Representations. Consummation of this Agreement by transferee with knowledge of any such breach by transferor shall not be deemed a waiver or release by transferee of any claims hereunder due to such breach and all representations and warranties herein contained shall survive the closing. 13.7 No Other Warranties. The transferor makes no other warranties or representations, and the transferee has not relied on any such warranties or representations, express or implied, relative to the condition of the transferor's property or any other matter relative to this Agreement, other than those expressly stated herein. The transferee hereby acknowledges that it has thoroughly inspected the transferor's property and is acquiring the same in an "as is" condition as of the date hereof. 14. Cumulative Rights. Except as may otherwise be provided herein, no right or remedy herein conferred on or reserved to Eagan or Gopher is intended to be exclusive of any other right or remedy provided herein or by law, but such shall be cumulative in and 301809.3-►ed 6/29/95 12 62 in addition to every other right or remedy given herein or elsewhere or hereafter existing at law, in equity, or by statute. 15. Reasonable Consent. Whenever Eagan's or Gopher's consent shall be required herein, the approval or consent shall not be arbitrarily or unreasonably conditioned, delayed, or withheld; and it shall be deemed to have been given unless within thirty 30 days of the request therefor, Eagan or Gopher, as appropriate, notifies the requesting party that Eagan or Gopher, as appropriate, is denying the approval or consent, stating in the notice the reasonable grounds for denial. 16. Attorneys' Fees. If either party commences an action against the other to enforce any of the terms of this agreement or because of the breach by the other party of any of the terms hereof, the losing or defaulting party shall pay to the prevailing party reasonable attorneys' fees, costs, and expenses incurred by it in connection with the prosecution or defense of the action. 17. Notices. All notices and other documents of similar legal importance from any of the parties hereto to any other shall be in writing and considered to have been duly given or served if hand delivered or sent by facsimile transmission and by first class mail, postage prepaid, to the party as its address set forth below, or to such other address as such party may hereafter designate by written notice to the other party: To Eagan: City of Eagan Attention: Thomas Hedges, City Administrator 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 301809.3-red 6129/95 13 1p3. With copy to: City of Eagan Attention: Ken Vraa, Director of Parks and Recreation 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 To Gopher: Gopher Resource Corporation Attention: Mark Kutoff 3385 South Highway 149 Eagan, MN 55121-2295 Telephone (612) 454-3310 Facsimile (612) 454-7926 With copy to: John C. Kuehn Leonard, Street & Deinard 2300 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 335-1717 Facsimile: (612) 335-1657 18. Property Information. As soon as reasonably possible after the date of this t Agreement, transferor shall deliver to transferee a copy of all drawings and written materials pertaining to the physical condition of the transferor's property which transferor has in its possession, including but not limited to, any surveys, plats, environmental studies, soil tests, etc. 19. Additional Land Transfer. Gopher and Eagan recognize that the portion of land subject to the trail easement in Parcel B and the portion of land located north of the trail easement in Outlots I, H and G may not be usable by Gopher because of the trail easement. Eagan agrees to accept a conveyance of such additional land from Gopher at any time Gopher desires to transfer such land to Eagan. 20. Binding Effect. This agreement shall be binding on and inure to the benefit of the parties hereto, their successors and assigns. 301809.34ed 6/29/95 14 21. Entire Agreement; Severability. (a) This Agreement contains the entire agreement of the parties concerning Parcels A, B, C and D and supersedes all prior agreement relating thereto, whether oral or written. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. (b) If any term or provision of this Agreement shall be deemed unenforceable, the remainder of this Agreement shall remain in full force and effect. 22. Headings. The headings of the Articles, Sections and Subsections of this Agreement are for convenience of reference only and do not form a part hereof, and in no way interpret or construe such Articles, Sections and Subsections. 23. Interchangeability of Words. Words and pronouns shall be interchangeable with respect to gender and singular or plural, as the context or application requires. 24. Minnesota Law. This agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this agreement to be effective the day and year first set forth above. CITY OF EAGAN By Its GOPHER RESOURCE CORPORATION By Its 301809.3-red 6/29/95 15 EXHIBIT A Legal Descriptions Parcel A: [That portion of the Borchert Ingersoll site to be conveyed to Gopher] Parcel B: Outlot I, Gopher Eagan Industrial Park 2nd Addition together with a 20 foot wide easement for trail purposes.over a portion of Outlots H and G, Gopher Eagan Industrial Park 2nd Addition, lying adjacent to or within the wetland located in the northerly part of Outlots H and G. The exact location of the trail easement shall be approved by the parties after review of its proposed location by the Department of Natural Resources of the State of Minnesota. Parcel C: [the triangular parcel] Parcel. D: [the remainder of the Borchert Ingersoll Site] 301809.3{ed 6129195 A W EXHIBIT B Sketch of Parcels A, B, C and D. 301809.3-red 6n9/95 B - 1 EXHIBIT D LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into effective the _ day of , 1995, by and between the City of Eagan, a body corporate and politic, under the laws of the State of Minnesota (hereinafter referred to as "Eagan") and Gopher Resource Corporation, a Minnesota corporation (hereinafter referred to as "Gopher"). WITNESSETH: WHEREAS, Eagan is the owner of that certain property legally described on Exhibit "A" attached hereto and incorporated herein by reference ("Property"); WHEREAS, Eagan intends to develop the Property for public park and open space purposes; and WHEREAS, Gopher desires to lease the Property for an interim period for the purpose of maintaining a public composting facility for the benefit of, among others, citizens of Eagan. NOW, THEREFORE, in consideration of rent payable as of the date hereof and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Eagan and Gopher hereby agree as follows: A. Term of Lease. Eagan hereby leases to Gopher and Gopher hereby leases from Eagan, the Property for a term of three (3) years, commencing on the date hereof (the "Initial Term"). Gopher shall have the right to renew this lease for one additional term of three (3) years (the "Additional Term") by giving written notice of its exercise of such option to Eagan no more than ninety (90) days and no less than sixty (60) days prior to the end of. the Initial Term. B. Rent. Rent for the Property for the Initial Term shall be $36,000, payable in semi-annual installments of $6,000. The first semi-annual installment shall be paid upon execution of this lease, and semi-annual installments shall be paid every six months thereafter. Rent for the property for the Additional Term shall be $36,000 and shall be paid in the same manner as the rent for the Initial Term. C. Alterations or Additions. Gopher shall not be allowed to improve or make additions to the Property without the prior written consent of Eagan. All improvements and additions are the property of Eagan and shall remain upon and be surrendered with the Property as part thereof at the termination of the lease term. 328197.2 6/29/95 D. Use of Property. Gopher shall use the Property for the purpose of operating and maintaining a facility open to the public for composting activities including, but not limited to a composting/transfer station and brush/green tree waste drop-off facility of yard waste and certain size green waste. Gopher and any sublessee of the Property shall comply with all licenses, permits, ordinances and regulations of Eagan relating to the operation of the composting facility. E. Assignment; Subletting. Gopher shall not be allowed to assign this Lease Agreement without the prior written consent of Eagan. Gopher shall be permitted to sublet the Property or any part thereof to third parties for purposes consistent with Paragraph D above. F. Nondisturbance. If sublessee (a) is not in default under its sublease with Gopher and b) is in compliance with, any permits issued by Eagan in connection with sublessee's composting activities; then the sublessee's possession of the Properties and rights and privileges under its sublease shall not be disturbed by Eagan for any reason whatsoever during the term of the sublease or any extensions or renewals thereof; provided, however that Eagan shall be permitted to terminate this lease and facilitate a relocation of the composting facility pursuant to Paragraph H below. G. Insurance. Gopher and its sublessees shall, at their own cost and expenses, during the term of this Lease Agreement, obtain and carry comprehensive general liability insurance with minimum limits of liability as determined by Eagan. The policy or policies shall be written in the name of and for the benefit of Eagan, Gopher and the sublessees, as their respective interests may appear. H. Termination by Eagan. Eagan may terminate this Lease Agreement and Gopher's leasehold interest at any time, with or without cause, upon one hundred twenty (120) days notice of termination to Gopher. If the license or permit granted by the City of Eagan to operate a composting facility on the Property is revoked for any reason, such revocation shall be deemed an immediate termination of this Lease Agreement. If Eagan should terminate this Lease Agreement, Eagan shall facilitate and Gopher shall use its best efforts to relocate the composting facility (and obtain the issuance of any license or permit required to operate such facility) to a compatible and economically reasonable location in the City of Eagan. 1. Indemnification. Each party shall indemnify the other party and hold the other parry harmless from and against any claim, demand, loss, damage, liability, cost or expense, including reasonable attorneys' fees, which arise, result from or relate to the Property or the Property from and after the commencement of this Agreement, whether or not now in existence or which may arise, result from or relate to the operation of the Property; provided, however that a party shall be liable to the other for any breach of, or failure by, the party to perform any of its representations, warranties, covenants or agreements in this Agreement. 328197.2 6/29/95 2 J. Miscellaneous Provisions. l 1. Notices. Any notice permitted or required to be given under this Agreement shall be deemed to have been given if mailed by certified mail, postage prepaid, return receipt requested, as follows: To Eagan: City of Eagan Attention: Thomas Hedges, City Administrator 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 With copy to: City of Eagan Attention: Ken Vraa, Director of Parks and Recreation 8830 Pilot Knob Road Eagan, MN 55122-1897 Telephone: (612) 681-4600 Facsimile: (612) 681-4612 To Gopher: Gopher Resource Corporation Attention: Mark Kutoff 3385 South Highway 149 Eagan, MN 55121-2295 Telephone (612) 454-3310 Facsimile (612) 454-7926 With copy to: John C. Kuehn Leonard, Street & Deinard 2300 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 Telephone: (612) 335-1717 Facsimile: (612) 335-1657 Either party may change its address by giving written notice to the other party. 2. Assignment. Neither party shall assign its interest in this Agreement without the prior written consent of the other party. 3. Waiver. No action or inaction by either of the parties to this Agreement shall be deemed to constitute waiver of any right under this Agreement, except a writing expressly waiving that right. No waiver of a particular breach shall be deemed to constitute a waiver of any subsequent breach. 328197.2 4 6/29/95 3 ~6 4. Governing Law. This Agreement shall be interpreted under, governed by and enforced under the laws of the State of Minnesota. 5. Captions. Section and paragraph headings contained in this Agreement are for convenience only and shall not be used to construe the meaning of any provision of this Agreement. 6. Counterparts. This Agreement may be signed in one or more counterparts which collectively shall constitute a singular binding agreement among the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF EAGAN By Its GOPHER RESOURCE CORPORATION By Its 328197.2 6/29/95 4 MEMO itof eagan DATE: JULY 11, 1995 TO: ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DOROTHY PETERSON, SUPERINTENDENT OF RECREATION SUBJECT: PEDESTRIAN CROSS WALK POLICY BACKGROUND The Commission, at its June 19, 1995 meeting, requested review of the draft Pedestrian Crosswalk Policy by the Recreation sub-committee. The sub-committee met on June 22, 1995. The sub-committee reviewed the policy from three perspectives: • Are parks different from other destination points? If so, how? • Should additional standards apply to park destination points? If so, what? • What other city policies might parallel funding issues related to pedestrian crosswalks? ISSUES • The purpose of the Pedestrian Crosswalk Policy is to make the driver more responsible. • A pedestrian should not become complacent and feel safe crossing any street. DISCUSSION The consensus opinion of the Recreation sub-committee is that parks are different from other destination points. The basis for that opinion is the cliental; primarily children. A note of caution was also voiced; just because it's a park a signalized crosswalk is not warranted. The sub-committee proposes that objective standards be developed pertaining to parks and pedestrian crosswalks. The standards would cross reference the functional classification of a park with safety concerns, i.e. vehicular speed, volume, width of street, visibility and demographics of the pedestrian. t ~3- A pedestrian study is suggested. That data can be added to known traffic information. Threshold levels for various levels of signalization at pedestrian crosswalks to parks would be established. l A safety group could be established to review crosswalk requests. Membership might be the Chief of Police, an engineer, risk manager, Department Head and a Commission member. The safety group would apply the matrix of traffic information/park functional classification to determine the appropriate crosswalk standard. The sub-committee briefly discussed the similarity of the City's sidewalk policy pertaining to neighborhood requests and this issue. The draft pedestrian crosswalk policy, in regard to neighborhood requests for service above the established warrants for a location could parallel the sidewalk policy. The aspect of neighborhood participation in funding remains an open issue for discussion in lieu of the unfounded level of protection provided by signalized crosswalks. Rumble Strips: The Public Works Department is reviewing the possibility of an experiment with rumble strips, mentioned at the June 19 Commission meeting. Research shows that rumble strips are effective at stop sign locations. Effectiveness in residential areas has not been determined. Noise is a concern for placement of rumble strips in a residential neighborhood. - FOR COMMISSION ACTION The Commission may wish to recommend to the City Council that in consideration of all youth and families who visit Eagan neighborhood parks and in recognition that each park has t crosswalks with varying characteristics: • A separate section addressing crosswalks to parks be written for the Pedestrian Crosswalk Policy. An objective matrix of safety warrants be developed based on vehicular speed, volume, width of street, visibility and pedestrian demographics. • A pedestrian study be conducted. • Consideration be given to creating a safety review ad hoc committee whose purpose would be to review neighborhood requests for crosswalk safety devices of a higher level than warranted by the objective matrix. • The City's sidewalk policy be utilized as the standard for neighborhood financial participation for installation of pedestrian crosswalk devices that supersede the objective matrix level of protection. KV/DP:cm 95commkrosswlk.sty i REQUEST FOR ADVISORY COMMISSION ACTION ~LL ACTIONS: To make a recommendation to the City Council pertaining to the continuation, modification or termination of the Metropolitan Mosquito Control Districts k.\L IMCD) activities in the City of Eagan. BACKGROUND: Sequence of Events - February. 1994 - The City Council asks that the APRNRC review and develop a recommendation regarding mosquito control practices in the City of Eagan. - October 5, 1994 - The Natural Resources Subcommittee of the APRNRC conducts a meeting to discuss the issue of mosquito control. - October 17. 1994 - The issue is deferred from the APRNRC agenda to allow time for additional input from interest groups and the public. - June 15, 1995 - The Natural Resources Subcommittee conducts a public hearing to collect comments pertaining to the issue.of mosquito control. The meeting is - attended by one citizen, one representative of the Human Ecology Action League, and four representatives of the MMCD. (See attached minutes) - June 15 to July 1, 1995 - Written public comment is accepted. (See attachments)* - June 27, 1995 - The two organizations represented at the June 15th public hearing, MMCD and the Human Ecology Action League, are offered the opportunity to submit written summaries of their positions. (See attachments) - July 11. 1995 - The issue is reviewed by the Natural Resources Subcommittee. The Subcommittee was divided on the issue. t - July 17. 1995 - Review by the APRNRC, recommendation to the City Council. - July, 18, 1995 - Considered by the City Council * 20 letters were received during the public comment period; - 18 indicated support for the program of the MMCD and urged that it be continued. - 2 expressed concerns related to the use of chemicals. OPTIONS FOUR CONSIDERATION: 1) Continue to participate in the current mosquito control Jiro&= as administered and implemented by the MMCD. This includes the treatment of larvae sites with chemical briquets and the ground spraying of adult mosquito habitat on public property. 2) Continue the current MMCD program, but do not allow the spra,)jng of adult mosquito habitat on public property. In 1994, 16 park areas were treated for adult mosquitos. Spraying of private property is done upon request and could continue. 3) Allow for adult spraying, but eliminate larval treatment. The use of briquets to control mosquito larvae in public wetland areas would be discontinued. 4) "Opt" out of the MMCD nuisance mosquito control program The control of nuisance (non-disease bearing) mosquitos would be eliminated from all city owned property. The monitoring and control of disease-bearing mosquitos would continue. Residents would continue to be taxes for the service at the current rate of $4.80 for a residence with a valuation of $100,000. An additional element of this option could be the adoption of a resolution asking that the State Legislature support legislation allowing local units of government to "opt" out of the program and not pay the tax. Owners of any MMCD- treated wetland may opt-out of the nuisance control program by filing a petition with the MMCD. 5) Educate the public regarding alternative control methods and their options as landowners. (This could be a stand-alone option for information purposes only or combined with another option for information purposes.) - Create habitat for natural predators of mosquitos including bats, purple martins and swallows. - Remove potential breeding sites such as tires, cans, and containers from properties. Fill in all tree holes and keep gutters clean. - Owners of any MMCD treated wetlands may opt out of the nuisance control program through the filing of a petition with the MMCD. + ummam The charge to the Advisory Parks Recreation Natural Resources Commission and staff has been to evaluate the control programs of the Metropolitan Mosquito Control District within the City of Eagan.. A complete evaluation of the program would involve two components: - 1) Determine the financial efficiency of the MMCD programs and operations. 22) Determine the efficacy of the control programs as related to the number of mosquitos in the community. The information and data collected to date has dealt primarily with the physical control program and the methods utilized. Because of the MMCD's broad scope and wide-scale taxing authority, a financial evaluation would be best conducted at the legislative or Metropolitan Council level, though requests from local units of government could provide the impetus. The issue of mosquito contol is primarily a question of individual perceptions and level of tolerance. A low tolerance of mosquitos and the subsequent desire for a control program =y indicate a willingness to tolerate chemical use and reflect a perception of program effectiveness. Conversely, a low tolerance for the use of chemicals and/or the perception that control programs are ineffective D3ay indicate a willingness to tolerate mosquitos or a perception that they are not a concern. The quantity of research and documentation justifying either side of the issue is staggering. Much of the data is highly technical and often contradictory. Any local decision may best be made by considering the tolerances and perceptions of the citizenry as it relates to the effectiveness of a control program. SUMMARY OF ATTACEMUNTS 1) Notice of Public Hearing 2) Minutes of Public Hearing 3) MMCD position paper 4) Position paper of a Human Ecology Action League representative 5) Written public comments (Technical data is available upon request) 1.• 1lpmWdvcomm.194 PRESS RELEASF -CITY OF EAGAN FOR IMMEDIATE RELEASE JUNE 5, 1995 CONTACT: JOANNA FOOTE, COMMUNICATIONS COORDINATOR 3830 PILOT KNOB ROAD EAGAN, MN 55122 (612) 861-4600 City seeks public input regarding mosquito control The City of Eagan will hold a public forum at 7:00 p.m. on June 15, at the Blackhawk Middle School Community Room, 1480 Deerwood Drive, to discuss the advantages and disadvantages of sustaining a mosquito control program within the City . Because of an expressed concern by some residents about the chemicals used in the mosquito control process, a sub-committee of the Eagan Advisory Parks, Recreation and Natural Resources Commission, has been formed to study the issue. The Commission would like to hear from members of the community in regard to this process. In previous years the the Metropolitan Mosquito Control District has helped to reduce the mosquito population by eliminating mosquito larvae in identified breeding grounds. The City has not however, allowed for the spraying of adult mosquitoes. If you are unable to attend the public forum, but would like to express your opinion please address your comments to: Eagan Parks and Recreation Department Mosquito Control Input 3830 Pilot Knob Road Eagan, MN 55122 or for other information regarding this issue, please contact the Eagan Parks and Recreation department at 681-4660. 7 MINUTES OF PUBLIC HEARING MOSQUITO CONTROL NATURAL RESOURCES SUB-COMMITTEE ADVISORY PARKS, RECREATION AND NATURAL RESOURCES COMMISSION JUNE 15, 1995 A public hearing was held on June 15 to solicit input relative to mosquito control practices in the City of Eagan. Parks Superintendent Olson provided a background on this issue explaining that the City Council had requested that the APRNRC review and develop a recommendation relative to this issue. Superintendent Olson explained that in addition to the public hearing, residents could respond to this issue either in writing or by calling the Parks and Recreation office until July 1, 1995. It was explained that testimony from the public hearing and written comments from residents would be forwarded to the Advisory Parks, Recreation and Natural Resources Commission for their July 17 meeting. The Commission would, at that time, make a recommendation to the City Council relative to mosquito control practices in the City of Eagan. Having met with individuals wanting to provide input relative to this issue, Superintendent Olson clarified that the purpose of this meeting was to solicit input, not to debate the issue. Once presentations were made from both sides, and input received from those present, the information would be compiled and routed to the APRNR Commission for their discussion and recommendation. Lee Markell, Natural Resources Sub-Committee representative was present to hear input from the public as well. Dr. Daniel Dobbert, Research Analyst from the Metropolitan Mosquito Control District presented background information on how the District provides mosquito control to the residents of Eagan. He began by stating that their primary focus is larvae control through the use of Bti (bacillus thuringienis ar. israelensis) containing non-reproducing spores of a soil bacterium that kills mosquito and black fly larvae. The also use methoprene briquets, pellets and liquid, a mimic of insect juvenile hormone that kills mosquitoes by inhibiting growth. The MMCD, Dobbert continued, identifies breeding sites which are primarily found in stagnant water and then make the determination as to the appropriate type and level of chemical application for that situation. The goal is to apply as little as possible as cost effectively as possible to control the problem . For adult control of mosquitoes, Dobbert added, permethrin, a synthethic pyrethroid, is applied as a barrier treatment to vegetation. Dobbert stated that this product is a synthetic derivative of the chrysanthemum flower. It was stated that information is collected'by identifying the species causing human annoyance, finding and mapping the wetlands used for development of the larvae and appropriate control measures are then taken. It was stated that the MMCD has been involved in a project to prevent LaCrosse encephalitis by combining public education, removing containers such as tires, etc. which hold water and disease-carrying mosquitoes. When the mosquitoes carrying LaCrosse encephalitis are identified, resources from pest mosquito control are shifted to control of disease-carrying mosquitoes. Dobbert stated that the most recent case of LaCrosse ecephalites was in 1988. Dr. Dobbert indicated that the Legislature asked the MMCD to work cooperatively with the Health Department to monitor lyme disease. Currently there is no deer tick control because it is cost prohibitive. The MMCD has reported deer ticks in the northeast metro area and one infestation in Dakota County which they will continue monitoring. The Health Department has expressed their appreciation for the monitoring done by the MMCD, Dobbert continued. Superintendent Olson asked what type of control measures exist for deer tick infestation. Dave Heitzel, MMCD, stated there is none at this time, however other areas have been using some very heavy duty pesticides in an attempt to control. Heitzel opined that if an environmentally friendly product was available, control measures may be focused on a few heavily used facilities/parks, etc. Education is the only control measure currently being used, Heitzel stated. In response to a question as to where the deer ticks would most frequently be found, Heitzel responded in woods and brush. Lee Markell asked if larvae can carry lyme? Heitzel responded affirmatively noting that because they are so small they arr hard to detect. G 70 Minutes of Public Hearing -Mosquito Control June 15, 1995 Page 2 Clarence Reybold, foreman with MMCD, stated he is responsible for the mosquito control in Eagan. He stated that in the spring, identified breeding sites are visited and briquets placed to control the mosquito larvae. These briquets last approximately 150 days. In areas not conducive to placement of briquets, such as small pockety areas, pellets are applied with seeders. In areas that flood often and then dry out, Bti is applied in areas only where the water hits. Following every rain, Clarence continued, the sites are checked for mosquito larvae before any treatment occurs. In Eagan it was noted that there are many of these sites that are not treated but monitoring continues based on the history of mosquito control. Adult control is done is several Eagan parks, typically heavily wooded sites such as Woodhaven and O'Leary Parks. Pilot Knob Park is sprayed primarily because of the large pothole within the park that at times will hold water. In response to a question as to how the determination is made to apply spray for adult mosquito control, Clarence stated that a "slap test" is done. This test is one wherein, during an early morning inspection of a site, if 2 mosquitoes land and are slapped within a 5 minute period, the area is sprayed. Lee Markell asked if the spraying is done at the request of the City. Clarence responded that it is done with the City's knowledge and is monitored every 7-10 days. Lee Markell asked if spraying is done on private property. Clarence responded, only-by special request of a neighborhood and if it meets the criteria for mosquito control. Several neighborhoods within the City such as South Hills and Aspen Ridge have requested such service. Mr. Neitzel also commented that Clarence and his crews are assisting with the monitoring and identification of any disease carrying mosquitos. This provides a consistent level of current information for the MMCD to respond to. Mr. Dobbert continued that The Consumers Union has recommended the products being used by the MMCD as safe , the MN Department of Health has no risk findings with these products and the Center of Disease Control is supportive of the MMCD's efforts towards mosquito control. As a point of information, Mr. Dobbert referenced a 1938 study and commented that in 1993 the mosquito population is less in all areas surveyed except those that were untreated. There is serious concern for mosquito transmitted diseases and Mr. Dobbert opined that the MMCD is working diligently to diminish that concern. Dobbert stated that alternate methods of mosquito control, such as birds eating them, does not sufficiently reduce the level of mosquitoes. Lee Markell asked if there were 100 mosquitoes, what would the percentage of reduction in population be using existing mosquito control methods. Dobbert responded that larvae control in the breeding sites would provide a 70-90% reduction, however adult control has more widely varied results. Nancy Read, MMCD, responded that results of a 1993 study showed effective control of adults. Pat Awada, Eagan resident, stated her interest was twofold; environmental and financial. She commented it was important to also separate the disease portion and annoyance portion of this issue. It was noted that 2% of the MMCD budget is spent on LaCrosse encephalitis and lyme disease. These two issues are being effectively facilitated through the Department of Health, education and the removal of tires, etc. she opined. Ms. Awada stated that the MMCD says 8% of mosquitoes are killed by natural predators, however her research indicates that the figure is closer to 90%. In effect, Awada continued, the MMCD is attempting to control the small population that remains. It was also noted that a wildlife refuge and the DNR have banned use of mosquito control chemicals and 23% of private lands have asked to opt out of this service. If there is a case of encephalitis, Awada stated, the MMCD can treat wherever it is necessary. She stated that the cities that have opted out of the MMCD have not seen any difference in the level of mosquitoes within their cities. The program is not effective, not good for the environment and not cost effective, Awada concluded. Minutes of Public Hearing -Mosquito Control { June 15, 1995 Page 3 Eric Rivkin, 1695 Steller Court, Chanhassen, stated that he has been following this issue for 6 years. He stated he had built a home on a marsh and both he and his son became ill due to the pesticides used by the MMCD in their attempt to provide mosquito control. Rivkin continued that the City of Chanhassen and Minneapolis have both opted out of the MMCD and have not felt negative impacts from that decision. Permethrins, Rivkin stated, are harmful and humans can get sick from the residue, however, the public is being told that this substance is safe for the environment. Although only 2% of the MMCD budget is disease oriented, Rivkin continued, 98% of the information disbursed by the MMCD talks about diseases and their control. The diseases are used as a scare tactic, Rivkin opined, whereas the reality is that annoyance mosquitoes are the most common issue to be dealt with. Another case was cited wherein Kay Erickson was in her home with open windows and the pesticides (scourge), distributed with foggers, came into her home and she, too became ill. If one is to surmise that 95% of mosquitoes are killed by natural means than there remains 5% to be controlled, Rivkin concluded. Referencing the study done by Nancy Read, he stated that the MMCD wanted to reduce the level of annoyance mosquitoes. There were not enough killed to make a difference in Chanhassen, Maplewood or Minneapolis Parks, Rivkin, opined. It was stated that dragonflies are a natural predator of mosquitos. Birds also naturally eat mosquitos. Rivkin suggested that rather than pollute the environment, expend any more taxpayers dollars, that the City take a hard look at education, encouragement of clean-up projects, construction of bird/bat t houses and opt out of using chemicals to control annoyance mosquitoes. Chemical welfare is outdated, Rivkin stated. Mr. Rivkin commented that New York State has banned pesticides because they're worse than equine encephalitis, which is 10 times higher in New York State than the Twin Cities. Also noted was the National Institute of Health's comments that 15% of the population is sensitive to chemicals. Although it is not talked about, Rivkin continued, scourge, an adult control product containing the synthetic pyrethroid resmethrin and the synergist piperonyl butoxide, applied as a fog, is dangerous. There is concern for the use of this chemical primarily because there is not a requirement for posting. Although lawn chemicals require posting, there is no effective warning system for the fogging of this chemical. In conclusion, Mr. Rivkin encouraged citizens to become educated, look at other options for controlling annoyance mosquitoes, help to protect the environment and look carefully at the option of opting out of the MMCD mosquito control program in the City of Eagan. After a brief wrap-up from both sides of the issue, Superintendent Olson reiterated that public input would be taken until July 1. Written comments would be reviewed and discussed by the Advisory Parks, Recreation and Natural Resources Commission at their July 17 meeting after which a recommendation would be made to the City Council for their action. The meeting was concluded at 9:20 p.m. ANOKA Z O Z HENNEPIN RAMSEY ~ METROPOLITAN MOSQUITO CONTROL DISTRICT Q ~P 3 2099 UNIVERSITY AVENUE WEST ■ ST. PAUL, MINNESOTA 55104-3431 Ge 612-645-9149 ■ FAX 612-645-3246 TDD use Minnesota Relay Service DAKOTA SCOTT JOSEPH F, SANZONE W.J. CAESAR Director Business Admin. July 6, 1995 Eagan Parks and Recreation Department ATT: Paul Olson Mosquito Control Input 3830 Pilot Knob Road Eagan, MN 55122 Dear Paul, The Metropolitan Mosquito Control District (MMCD) provides environmental and health services in collaboration with local govenments, commissions and agencies. As always we welcome the opportunity to answer questions and address concerns expressed by citizens. Enclosed you will find a position paper summarizing MMCD efforts in Eagan including evidence of effectiveness and public opinion and support. We appreciate you forwarding this information to the Advisory Parks, Recreation and Natural Resources Commission (APRNRC). The District looks forward to continuing working with the city of Eagan to provide services that protect its . citizens health, and improve their overall quality of life. Please do not hesitate to contact me if you have questions. We would be happy to provide any additional information desired by the APRNRC that wasn't covered in this document or previous presentations. Sincerely, Joe Sanzone Director AFFIRMATIVE ACTION EMPLOYER ® Printed on recycbd paper containing at best 15% postoonsumer paper fibers ANOKA Z O H RAMSET z METROPOLITAN MOSQUITO CONTROL DISTRICT ! HEN NE PIN I/ < 2099 UNIVERSITY AVENUE WEST ■ ST. PAUL, MINNESOTA 551043431 612-645-9149 ■ FAX 612-645-3246 TDD use Minnesota Relay Service SCOTT DAKOTA . JOSEPH F. SANZONE W.J. CAESAR Director Business Admin. July 6, 1995 Eagan Parks and Recreation Department ATT: Paul Olson Mosquito Control Input _ 3830 Pilot Knob Road Eagan, MN 55122 Dear Paul, The Metropolitan Mosquito Control District (MMCD) provides environmental and health services in collaboration with local govenments, commissions and agencies. As always we welcome the opportunity to answer questions and address concerns expressed by citizens. Enclosed you will find a position paper summarizing MMCD efforts in Eagan including evidence of effectiveness and public opinion and support. We appreciate you forwarding this information to the Advisory Parks, Recreation and Natural Resources Commission (APRNRC). The District looks forward to continuing working with the city of Eagan to provide services that protect its citizens health, and improve their overall quality of life. Please do not hesitate to contact me if you have questions. We would be happy to provide any additional information desired by the APRNRC that wasn't covered in this document or previous presentations. Smc ely, Joe Sanzone _ O Director AFFIRMATIVE ACTION EMPLOYER ® Pmt*d on recycled paper containing at Fast 16% postcomlarnr paper fibsn METROPOLITAN MOSQUITO CONTROL DISTRICT SERVES THE CITY OF EAGAN DISTRICT MISSION The mission of the Metropolitan Mosquito Control District (MMCD) is to suppress mosquito and tick transmitted disease and to reduce annoyance levels of mosquitoes and black flies below that which interferes with outdoor activities. MMCD has provided these services to the Eagan area since 1958. PUBLIC OPINION AND SUPPORT Eagan residents have been very supportive of the wide variety of services MMCD provides them. Citizens call us directly to request service, and offer comments supporting our organization like those expressed by Eagan resident Jean Oberle in the 6-21-95 Eagan Sun Current. One way the MMCD measures effectiveness is through citizen satisfaction. In a 1994 public opinion survey conducted by the Center for Survey Research at the University of Minnesota, 72% of the respondents rated the control of mosquitoes important, and 68% of the respondents agreed the MMCD provides an important service to the community. INTERACTION WITH THE CITY OF EAGAN MMCD has worked closely with the Eagan Parks and Recreation Department regarding District operations within the city. An in-depth presentation about MMCD was given to former Superintendent of Parks John VonDelinde. This information exchange and discussion about priority areas to be treated continues with current Superintendent Paul Olson. MMCD is directly governed by a board of 17 elected county commissioners which is scheduled to meet 15 times during 1996. Among its functions the Board sets policies, and determines that operations are performed efficiently and effectively. Three Board commissioners are from Dakota County, and currently one represents the district that includes Eagan. This direct governance is very responsive to citizen needs. To gain a clear understanding of the public's expectations and needs, the District holds public input sessions, truth-in-taxation hearings, has published a self-assessment, and has conducted focus groups. The board uses this public input to help develop policies, goals and establish the budget. INTERACTION WITH THE CITIZENS OF EAGAN MMCD is committed to openly communicate with the public. Staff notify property owners whenever possible when conducting mosquito management in their area. The District has developed a door-hanger to inform citizens of their actions when they are not home. Citizens can call the Adulticide Information Line (643-8383) for details on where treatments will be done for any particular day. District employees also post treatment notifications at the entrances of 0Z park and recreation areas while they are being treated for adult mosquitoes. MMCD also f provides information about our program through media outlets, state and county fairs, and staff is available to make presentations to all interested groups. In addition, employees have been making presentations on mosquito biology in the Eagan elementary schools since the early 1980's. CONTROL MATERIAL SAFETY MMCD has made a commitment to use the most environmentally compatible control materials available. MMCD uses Bit and methoprene to control mosquito larvae. Methoprene is a juvenile hormone mimic applied in briquet or pellet formulations. This material keeps mosquito larvae from hatching into adults. Bti is a naturally occurring soil bacterium applied in a dry granular formulation. When mosquito larvae eat it, the bacteria react to the specific chemical make up of the larval gut and they are controlled. Both larval control materials are very specific to mosquitoes and a few closely related aquatic flies. These materials are not harmful to humans, pets or wildlife. Adult control is used on a limited basis to supplement larval control. MMCD uses permethrin and resmethrin to control adult mosquitoes. Permethrin is applied to vegetation using a back-pack sprayer. Adult mosquitoes use this vegetation for daytime resting. When adult mosquitoes come in contact with this material they are controlled. Resmethrin is applied with machines mounted on trucks or ATVs. This material is applied in very small particles when adult mosquitoes are active and flying. When the adults come in contact with these particles they are controlled. Both adult mosquito control materials are applied at very low dosage rates that target mosquitoes. According to the Minnesota Department of Health these adult control materials do not pose a significant health risk to humans. Tests have shown these materials pose no risk to dogs, cats, other mammals or birds. COST EFFECTIVENESS In 1995 the average real estate tax that goes to MMCD is $4.80 on a residential property with an assessed value of $100,000. This real estate tax is only assessed to properties within the MMCD boundaries. Among other things these tax dollars support the following: * Surveillance and control of mosquitoes which affect our health and well-being. Over 30 years of surveillance has provided the data needed to direct and prioritize the use of District resources. Larvae are sampled after each significant rainfall to determine treatment priority. Adults are collected to identify disease potential and to measure program effectiveness. * Surveillance and control of biting gnats. Rivers and small streams are sampled for larvae and treated when above threshold. Adults are sampled twice a week to measure program effectiveness. * Monitor the distribution of ticks that can carry Lyme disease in the metro area, and reporting it to the Minnesota Department of Health. Deer mice are trapped on a weekly basis and blood is sampled to determine presence of Lyme bacteria or erlichiosis. * Maintain and share one of the most complete and up-to-date wetland inventories in the metropolitan area. The 2600 square mile District is regularly mapped to keep inventory current. To date we have sent maps of over 2,000 sq. miles to local LGU's to help with their wetland inventories. * Public education regarding all aspects of District operations, with emphasis on ways to personally reduce risk of mosquito and tick-borne diseases, and environmental and health issues. * Reduce the number of mosquitoes capable of transmitting dog heartworm; these mosquitoes also serve as one of our most important source of nuisance. PROGRAM EFFECTIVENESS In addition to measuring effectiveness by customer satisfaction, mosquito and gnat populations can be compared for treated and untreated areas. MMCD significantly reduces the number of mosquitoes and biting gnats in the metropolitan area. Attached are graphs that document the reduced numbers of these pests. While it is true that mosquito production is stimulated by rainfall, the actual number of adults that emerge are directly related to our control program. There are over 850 acres of highly productive mosquito breeding areas in Eagan township. If left untreated each of these acres has the capability of producing 250,000 biting female mosquitoes after each significant summer rainfall. The Minnesota River will produce large numbers of biting gnats if left untreated. MMCD larval control materials for mosquitoes and biting gnats are up to 95% effective. The result of this larval control is to allow Eagan residents the ability to be outside and enjoy the few short summer months here in Minnesota. Reduction in disease carried by mosquitoes is another measure of effectiveness. LaCrosse encephalitis is a viral disease transmitted by mosquitoes that develop in discarded tires and artificial containers. This children's disease has not been diagnosed in anyone over 16 years of age. There was a confirmed case of this disease in Eagan in 1988, and both Inver Grove Heights and Sunfish Lake reported cases around this time. One effective way of dealing with this disease is to remove the breeding source for these mosquitoes. As part of general operations staff identify and remove breeding sources in Eagan on a daily basis in the summer. MMCD works closely with the Dakota County Environmental Health Department regarding LaCrosse encephalitis. Since 1988 MMCD has removed and properly disposed of 21,552 waste tires in Dakota County. In 1995 MMCD sent 15,310 informational brochures regarding LaCrosse encephalitis to Eagan residents to educate them on ways to reduce the risk of this disease in their own backyard. UY O CI" .r 3 U ■ 01 a~ ~ 4 Z PE a" Ey O ~ p p vv~~ H N S t- tn N S n t~ N N N r-+ lg2!N iod dvjjL lu.2i1 ux O2VJOnv t ~S 20 ■ Surveillance only. No treatments. 18 ® Experimental treatments only ® Operational control cn 16 N 14 U 12 O 10 W 0 8 Drought ~ 6 CTJ 4 2 0 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 i U l~ To: Paul Olson, Superintendent of Parks, City of Eagan 7/6/95 Dear Mr. Olson, ' was an honor and a priviledge to attend the public hearing regarding the activities of the Metropolitan Mosquito Control District IMCD) in Eagan on June 15th. My special thanks to the enlightened Councilwoman Awada for the opportunity. At your request, I submit this summary position as it relates to the MMCD program in Eagan. You will find supporting evidence in the material Ms. Awada and I distributed at the hearing. General Facts The MMCD's program in other cities, such as Minneapolis, Chanhassen, and Maplewood, was also reviewed by their Park Boards and City Councils. Clear evidence of potential detrimental effects on human and environmental health convinced these cities to prohibit nuisance mosquito controls on city lands. Hundreds of private landowners have also opted out of the program, freeing thousands more acres of pesticide-free wetlands to let nature take care of mosquitos. Nature centers, county parks, the DNR, and USFWS, prohibit most, H not all, mosquito controls. Chanhassen, as well as Eagan, borders the Minnesota Valley Wildlife Refuge, which prohibits all mosquito controls. By passing legislation in 1995 that cut the MMCD's funding by 50%, our state representatives made it clear that $10 million a year for nuisance mosquito control cannot be justified. Nearly every legislator was convinced the MMCD is a wasteful government program which lacked accountability to the taxpayers, to our health and the environment. Personal experiences with the MMCD. From 1983 to 1990, my own 8 acres of wetlands were chemically treated by the MMCD. There were still hordes of mosquitos, and amphibians and dragonflies were mysteriously absent. After investigating the awful truth about the MMCD's program, I petitioned private landowners to exercise our rights to opt out of nuisance mosquito controls. I then led the battle to rid Chanhassen's parks of the same after this incident: "The MMCD had improperly applied pesticides to Lake Ann Park [in Chanhassen], resulting in human exposure", and ..."violations of the Minn. Pesticide Law". My son and I were the "human exposure" (From MDA Case file 91-0311). After the story appeared in the local paper, I received many calls, including members of HEAL (Human Ecology Action League of chemically sensitive people), who have had first-hand experiences of adverse reactions from exposure, without warning, to MMCD chemicals.The evidence I gathered was also a pivotal influence in the Minneapolis Park Board's decision to unanimously support ridding the MMCD from its parks. I've also given input in several meetings of the MMCD's Technical Advisory Board, which is supposed to process citizen concerns, but evidence presented there by me and others pretty much fell on deaf ears. e nuisance mosquito controls effective? • There's NO scientific evidence mosquito annoyance has been reduced in 36 years of the program. As the MMCD's own statistics have shown, mosquito populations are "controlled" by the amount of rainfall, not chemical warfare. Dr. Charles Morris, a nationally-recognized mosquito expert in Gainesville FL, says, "Mosquito control districts who use substantial amounts of adulticides along with larvacides indicate they have an ineffective larvaciding program." In some years, the MMCD treats almost half of all acres with adulticides. Experts, and even the MMCD, say adulticiding is strictly a short term control, as mosquitos return to normal levels in a few days. Hence, the dependence on spraying often. For instance, Minnetonka parks, and neighborhoods continue to be sprayed regularly throughout the season, in spite of heavy larvaciding. Minneapolis Parks had NO COMPLAINTS after eliminating mosquito control from their 6400 acres of parklands, which is more proof the MMCD doesn't kill enough to make a difference. • Nature does the best job of controlling mosquitos. Dr. Morris reported that 95% of mosquito eggs, and a great portion of the remaining 5% of larvae and adults, die from natural causes before they ever have a chance to bite a human. The MMCD's unqualified claim that 70% or more larval "control" is achieved in treated sites, thereby implying they are responsible for killing 70% of all the mosquitos, is outrageously misleading. 95% would have died naturally anyway, when you count all the stages of a mosquito's Iife.The MMCD's kill rate is probably more like 1-2% in heavily treated areas. In some years, half of total acres treated in the District are sprayed with adulticides. This under-publicized massive use of adulticides calls attention to their dependence on it to cover up the fact the larvacides don't kill enough to make difference. After Chanhassen and surrounding private landowners halted all MMCD controls in the Lake Ann Park area for 2 years, it was clear both larvacides and adulticides made no difference there either. In public hearings about the MMCD, a county commissioner boasted how little mosquito annoyance there was during July 4th park festivities. This conscious reduction in mosquito annoyance, in the wettest year on record, suggests that nature reduced populations better than chemical controls. Some of the mosquito's natural predators, frogs and dragonflies, exploded back into existence once the MMCD chemicals were eliminated from wetland environments. • The regional control theory is a fallacy. There's no proof that communities miles away from each other benefit from the other's mosquito control. No one has valid migration studies to prove that mosquitos travel 50 miles, as a rule. The MMCD admits that st mosquitos are born and die within about a mile. If a community gets too many complaints, they ask for more mosquito control. It's arly a localized problem. There may be 60,000 breeding sites treated by the MMCD, but there's thousands more that will always remain untreated by opted-out natural areas, parks, cities, and private landowners. As the Chicago Mosquito control district head stated, nearly 50% of breeding sites in an urban area are right in everyone's backyard. These never get "treated". The millions of ditches, gutters, containers, kiddie pools, and puddles that breed billlions of mosquitos simply should be disposed of or drained. 1 Are the IVIND's chemicals sate for the environment? • The MMCD told us DDT was safe. That was banned. Then they told us organophosphates were safe. That was banned. Then they told us their "biochemical" larvacides were safe and targeted only mosquitos. Now a recently published scientific study --ontracted by the MMCD's Scientific Peer Review Panel, "Environmental Effects of Methoprene and BTI", concluded that these larvacides reduced non-target insect biomass so massively, it could not support a natural system ("depauperated" was the word used in the report). So the products most touted as "safe" by the MMCD were actually found to imbalance nature in a big way. Contrary to the MMCD's Mr. Dobbert's testimony to your Commission that this report is not "finished" and therefore shouldn't be released to the public, the report's scientists say it ja finished. The MMCD apparently can't face the embarrassing and shocking revelations in the report about adverse effects on non-target species and wetland ecosystems. U of M wildlife expert Dr. Jim Cooper has done studies that show that live mosquito larvae are an important source of food for ducks and other wildlife. In reply to this study, the MMCD makes the ridiculous assertion that dead larvae killed by the larvacides are widely available as a food source. • It is misleading for the MMCD to imply that the adulticides are innocent natural derivatives of "chrysanthemums". The active ingredients in permethrin (harborage treatment) and resmethrin (Scourge cold-fogging) are not naturally derived pyrethrum, but totally synthetic pyrethroids. Their labels, and well documented studies, clearly indicate synthetic pyrethroids' environmental hazards, when "used as directed": • Scourge's labels says it is toxic to birds, fish, and can kill other beneficial insects. • Resmethrin is very highly toxic to other aquatic organisms (Hoick and Meek, 1987). • Resmethrin is highly toxic to honeybees on contact, and other invertebrates beneficial to agriculture such as praying mantis, wasps, ladybugs, and spiders can be reduced in number or experience adverse behavioral and physiological effects (MuellerBeilschmidt, 1990). • Of four mosquito control pesticides tested, Scourge was the most toxic to butterflies (Florida study, Eliazar, 1991). • Pyrethroids have the potential to disrupt the endocrine system of animals and humans. • The ultra-low volume spray technique exposes humans and non-target organisms to the pesticides (WHO, 1986). • One thimbleful of Scourge is enough to kill trout in a one acre pond. • Resmethrin can knock legs off [non-target] insects, so those receiving a sub-lethal dose may succumb due to inability to fly (Westwood Study, Raymond, 1992). • The Wisconsin Central Animal Health Laboratory determined that 18 songbirds had been poisoned by drinking water contaminated with synthetic pyrethroids. • Witnesses to the mosquito control spraying with Scourge at Chazy Lake, NY, found dead animals confirmed to have died from exposure to this pesticide. • Insect genetic resistance to permethrin has begun to be reported (NCAMP, 1988). • Toxins aff ect many insects and eventually work through the food chain. • Toxic chemicals are sprayed in natural areas we supposedly set aside as safe havens for wildlife. Yet adulticide sprays are applied directly to sensitive habitats where young birds nest, bees pollenate, and other wildlife is exposed. Since spray droplets of resmethrin can travel as much as 3 miles, a safety factor analysis suggested a distance of one mile as a prudent exclusion zone around natural habitats (Westwood study, Raymond, 1992). People constantly report that after spraying, there is dead silence for days no sounds of birds, frogs, no bees pollenating, etc. • The EIS the MMCD was required to do is still not completed after 8 years, as widespread pesticide use continues. Much of the MMCD's chemicals are experimental and not tested for complete ecological safety, such as the new larvacide-impregnated sand and pellet formulas. Mosquito controls are already prohibited on thousands of acres in the other metro area. Eagan does not have to continue to be part of the MMCD's big chemistry experiment. g0. Are mosquitos really a human health problem? • Annoyance mosquitos are NOT VECTORS for human diseases In Minnesota. Don't fall prey to bullying scare tactics about -osqulto borne diseases that kill millions only in tropical regions. Only the extremely rare tree hole mosquito can carry LaCrosse :cephalitis, a very rare periodic mosquito-bome disease threat. Only a handful of L. Encephalitis cases were confirmed statewide in .,,e last 10 years, with only one reported case in 1988 in Eagan. In most cases in Minnesota, the source of the infected mosquitos came from water in old tires. According to MMCD policy, killing mosquitos is not the best strategy to eliminate the threat of L Encephalitis. They say removing breading sites is best, by educating citizens to empty standing water everywhere possible, filling tree holes, and removing tires and trash containers. It is so much more cost effective, this strategy comprises less than 2% of the MMCD's budget, a mere $100,000 or so for the whole metro area. Chanhassen has a successful volunteer program to pick up trash containers in parks, and maintenance employees are instructed to pick up tires. Eagan can easily do the same. • Eliminating all chemical nuisance mosquito controls will not cause an increase in mosquito-borne human diseases. The common mosquitos that annoy us, cedes vexans, and those that could carry L. Encephalitis, aedes triseriatus, are different species with totally different habitats and control strategies. The State Health Dept. says annoyance mosquitos are not a health problem, they're merely a nuisance. The MMCD's main mission is to reduce mosquito annoyance, 98% of their budget and nearly 100% of the chemicals. Are adulticides that the MMCD currently uses safe for human health? • Synthetic pyrethrold insecticides are absolutely not. In fact, after an extensive EIS spurred by many health complaints to mosquito pesticides, the New York State Health Commisioner, Dr. Axelrod, concluded that getting sick from the pesticides poses a far greater health risk than getting a mosquito-borne disease [in north American climates). He said, "The benefits from spraying mosquito control pesticides are outweighed by its potential adverse impacts. There is limited evidence that spraying successfully controls moquitoes or reduces the risk of mosquito-borne disease." Erring on the side of human health, the Commissioner banned Scourge and other pesticides in the Adirondacks. After reviewing existing medical literature, Dr. David Monroe, a specialist in environmental toxicology and public health, concluded that "pyrethroid insecticides applied over inhabited areas pose an unreasonable risk to human health." The following hazards are well-documented regarding pyrethroid insecticides, when "used as directed": • Permethrin is regarded by the EPA as a possible human carcinogen. • Adverse reactions are relatively common, occurring in 7 to 50% of those exposed, especially those with common allergies. • They cause severe allergic dermatitis and systemic allergic reactions, incl. a fatal case of low-level exposure to pyrethrum • They have been associated with parasthesias, upper respiratory irritation, extreme nausea, diarrhea, and mental aberrations t • They are a strong poison to the central nervous system via a biochemical mechanism identical to DDT. Low level exposures result in brain EEG changes. High exposures produce behavioral changes and convulsions. • Short term exposure results in immune suppression. • Pyrethroids bioaccumulate in fatty tissue. • Pyrethroids are also synergized with piperonyl butoxide, an an extremely dangerous chemical which enhances the toxicity of pyrethroids as much as ten-fold. • Pyrethroid pesticides contain cancer-causing petroleum distillates, vaporized into our environment by the ton each season. • "Warnings on the labels are grossly inadequate to protect human health from acute and chronic hazards of exposure to these pyrethroid insecticides", concludes Dr. Monroe. • A Minn. Health Dept "health risk study' says that children should not breathe cold-fogging drift. Then why does the MMCD continue to spray neighborhoods and parks without warning citizens of health hazards to prevent inadvertent exposure from cold- fogging or residues sprayed on foliage? Why does MMCD staff wear protective clothing and masks, according to the label, when spraying in parks where people are around who have no protection? Why was the MMCD pressured to agree to work with the Dept of Health to establish an effective warning system, if they didn't think there was a serious health risk? After ignoring the recommendations of the EQB to do this, and ignoring health complaints and pleas from exposure victims, the MMCD still hasn't developed an adequate warning system. Nor have they disclosed to the media, or on posted signage, what the hazards are. Nor has the MMCD discontinued use of the adulticides on a broad scale. Unfortunately, the MDH's risk assessment Is not conclusive because it does not consider all the current medical and scientific literature, nor the New York EIS, nor the toxic effects of unknown inert ingredients and piperonyl butoxide. The study is supposed to be under reconsideration. • Severe adverse reactions have occurred here. MMCD applications of cold-fogging drifted in open windows in Kate Erickson's house in St. Paul without warning at night, and caused near-fatal reactions in this chemically sensitive woman and her family. My son and I were confirmed victims of exposure to permethrn harborage vapors in Lake Ann Park in 1990. We suffered severe headaches and nausea, and were treated in emergency care. In that incident, the MMCD was also caught spraying against federal compliance with the label., and was fined $1000 by the Dept. of Ag., and made to retrain their field staff to respect the law of the label. After continuously failing to notify the city of Chanhassen before treatments, the MMCD was promptly prohibited from treating city lands. • We should not add to the chemical soup, not add to our health risks we already face every day for the sake of __iminating a few bug bites. Depending on their own tolerance, people will take personal measures anyway to cope with mosquitos. According to the National Academy of Sciences, 15% of the population is chemically hypersensitive, including synthetic pyrethroid sensitivity. The National Institute of Health determined that an even greater percentage of us are sensitive to ordinary chemicals in our environment. According to a 1989 WHO study, even the lowest dose level of inhaled resmethrin, the most sensitive individuals may be at risk of experiencing subchronic effects. A 3 Wf. What action can the Eagan City Council take? Learning from past experiences in Chanhassen and other cities, I urge the Eagan City Council to adopt the following to help your citizens take control to protect their health and the environment: 1. A moratorium on all nuisance mosquito controls, both larvacides and adulticides, on all city-owned land. Review in 2 years. Every landowner, including cities, has the right under statute to make their land chemical-free by opting out of the nuisance mosquito control program. Disease-bearing mosquito monitoring and control would have to continue, but at least nearly 100% of MMCD's chemical warfare can be eliminated. A letter to the MMCD to discontinue the nuisance mosquito control program is required. 2. Educate citizens to make absolutely clear that common nuisance mosquitos do not spread human disease, nor does the state Health department regard mosquito annoyance as a human health threat. The MMCD's encephalitis pamphlet explains that only the extremely rare tree hole mosquito can cause mosquito-borne Lacrosse enchephalitis, and recommends the ways to prevent it by removing breeding sites like tires and trash containers, and filling of tree holes. This can be done voluntarily, as we did in Chanhassen, picking up trash during Park Pride Day, and asking city maintenance crews to pick up old tires. The pamphlet can be mailed out to every household once a year. 3. Notify Eagan citizens and businesses, who might own any MMCD-treated wetlands, of their rights to opt out of the nuisance control program. A sample petition was given in the June 15 meeting to use as a basis for a letter. Hundreds of private citizens in the metro area opted out who wanted their land chemical-free. The MMCD should only be permitted to trespass where landowners, including municipalities, invite them in writing. 4. Educate citizens to eliminate potential mosquito breeding sites in their own backyards, such as filling in depressions and tree holes, removing old tires and trash containers, and keeping gutters clean. Empty children's pools when not in use. 5. Instruct city engineers to find ways to design out potential temporary water holding areas that could be potential breeding sites, by draining ditches thoroughly, and requiring environmental ponding areas hold deeper water. 6. Bats, purple martins, and swallows are proven to eat hundreds of mosquitos an hour, if that's the food available. Create habitats for these natural predators like other cities did, such as building hundreds of houses for bats and birds in the parks. Plans are available from the DNR (Joan Galli), which you can also publish in local papers so people can do it at home, too. Use scout troop C projects to build them for city parks, or for individuals to buy. Clean lakes, wetlands, and streams will support amphibians and Jragonflies, which are also well-known voracious mosquito predators. 7. Draft a resolution to support state legislation (that will likely be introduced again by Rep. Mindy Greiling) that would allow counties and cities to opt out of the district and not pay the tax. Passing this bill would give opted-out LGU's the option of using the taxes for more urgent needs or reducing property taxes. Common sense tells us that we should learn to live with the inevitable mosquito, and always err on the side of human and environmental safety. We should spend our money and direct our energies toward constructive, not destructive, activities. We can reduce pollution and genuine health risk by eliminating toxic mosquito control chemicals from our environment. More power to you to make a difference. Should you have any further questions, please contact me at 470-9726. To a Healthier Planet and Its Inhabitants, ,v Eric Rivkin 1695 Steller Court Chanhassen, 55331 4 ~~w Nc 30, t4ls" V 2 Fi S s✓ Cil W/ r4 d P Ott .r a .v r C 6 0 ~s at~c : N (2a v &2 O F e o , w w o vs $ 7` r Q ovd m e -,46 oPC ovo eole&oomt ,m o t w #1 c le. n va e r..,i m.pt ~ 4 Ye, 4,, t,~ ~ CQA-4 Y--,, 4i',tll QOts,/f dS yr O~'5 • geetoOse OF- Oe. se-14711, -14 i `u e, e,m,v 1~ w D 4 K I ti m a-r al Ae, s rit r c (j~ -e Dtit. d Vd V.IC m"ot, 6leeK.5 &U4 r bat! W,4ds i~d2 ~r f s~'~~~s y f cad .~~s , 3~o so~• ~,11s d~ 71 D SS ~ZCCrL~C.~~ 7"-~..` ho, June 21, 1995 Mr. Paul Olson, Eagan Parks Superintendent Municipal Center 3830 Pilot Knob Road Eagan, Minnesota, 55123 Dear Sir, I am bugged by people who want to do away with mosquito control because it costs $4.89 per $100,000 house. Every mosquito bite in my future will serve as a sharp reminder not to vote for Pat Awada in the next election. It has seemed to me that Metropolitan Mosquito Control has done a wonderful job of limiting the 5 to 20 percent of mosquitoes remaining after their natural predators have had their fill. I can well remember when that 5 to 20 percent could make life outside quite miserable. I am very much in favor of retaining mosquito control in Eagan. Sincerely, c% - Ed Kolstad 1320 Kolstad Lane Eagan, Minnesota, 55123 Paul Olson Parks Superintendent Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN. 55123 Dear Mr. Olson, I just finished reading the article the Sun Current about the proposed stoppage of the treatments for Mosquitoes control in Eagan. Let me first say that Mr. Rivkin can keep his opinions to himself and in Chanhassen. I think we should continue to support the Mosquito Control and that whatever amount of good they supply is surely worth it. There is risk of disease from Mosquitoes and Ticks and that if we only prevent one case of Encephalitis or Limes disease we have saved that person and family from a world of pain and anguish. Let the professionals set-up and maintain a proper plan and keep the politicians out of it. We don't need a random hit and miss approach which may result from Ms Awada's suggestions. Dale Miller 4715 Lenore Lane Eagan. MN. 55122 Paul Olson Parks Superintendent Eagan Municipal Center 3830 Pilot Knob Rd. Eagan, MN. 55123 Dear Mr. Olson, I just finished reading the article the Sun Current about the proposed stoppage of the treatments for Mosquitoes control in Eagan. Let me first say that Mr. Rivkin can keep his opinions to himself and in Chanhassen. I think we should continue to support the Mosquito Control and that whatever amount of good they supply is surely worth it. There is risk of disease from Mosquitoes and Ticks and that if we only prevent one case of Encephalitis or Limes disease we have saved that person and family from a world of pain and anguish. Let the professionals set-up and maintain a proper plan and keep the politicians out of it. We don't need a random hit and miss approach which may result from Ms Awada's suggestions. Dale Miller 4715 Lenore Lane Eagan. MN. 55122 Dennis and fanet Ofstedal 1765 Ky!/v Lane Eagan, MN 551 22 June 28, 1995 Paul Olson Parks Superintendent Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55123 RE: Comment on Mosquito Control Dear Mr. Olson: We wish to voice our strong support for the work of the Metropolitan Mosquito Control District. We feel that discontinuing their services for the City of Eagan would be a big mistake. As to the concern for public health, the elimination of MMCD abatement procedures would require the application of incessant amounts of chemical repellents for anyone wishing to be outside during evening hours. In addition, it would subject many more people to diseases spread by mosquitoes such as encephalitis. In our opinion, these risks far outweigh the small risk of using the current abatement methods. In addition, during Minnesota's brief summers, outdoor comfort is of major importance. We have lived in areas where mosquito control is left to nature and can recall the days when efforts locally were ineffective. Under those conditions, outdoor activity in the evening was unbearable and impractical. With regard to the role of natural predators in mosquito control, you seem to be getting conflicting advice from different experts. One says that natural predators eat 801/o or more of the mosquito population thus making chemical controls umiecessary. The other says that we need to preserve more of the bugs so as not to upset the food chain. It seems that experience tells us that left uncontrolled, there will be vastly more of the pests to feed on people. Furthermore, there appears to remain an adequate supply of bugs for the bat, swallow, and dragon fly population. In our view, whether to control mosquitoes in Eagan should not even be an issue for debate. We have a system in place that works well and it should be maintained. Sincerely, Dennis and Janet Ofstedal Home Phone 454-6682 Kathleen M Shockley 3665 Denmark Ave. Eagan, MN 55123 June 30, 1995 Paul Olson, Parks Superintendent Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Olson, I would like to express my support for stopping the practice of chemical spraying for mosquito control in Eagan. Accumulating evidence indicates that mosquitoes quickly develop resistance to chemical control. If control of disease carrying mosquitoes is the objective, then a program which inevitably leads to a chemically resistant mosquito is not in our best interest. The case of mosquito- born mengio-encephalitis last year, may in fact be our early warning sign that our mosquito population is indeed becoming resistant. I believe we owe it ourselves, our children, and our quality of life to explore other alternatives to the current spraying program. I would be glad to participate on any committees or help with any studies related to this topic. Sincerely, Kathleen M Shockley cc: Pat Awada ~Io, Kathleen M Shockley 3665 Denmark Ave. Eagan, MN 55123 June 30, 1995 Paul Olson, Parks Superintendent Eagan Municipal Center ' 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Olson, 1 would like to express my support for stopping the practice of chemical spraying for mosquito control in Eagan. Accumulating evidence indicates that mosquitoes quickly develop resistance to chemical control. If control of disease carrying mosquitoes is the objective, then a program which inevitably leads to a chemically resistant mosquito is not in our best interest. The case of mosquito- t. bom mengio-encephalitis last year, may in fact be our early warning sign that our mosquito population is indeed becoming resistant. I believe we owe it ourselves, our children, and our quality of life to explore other alternatives to the current spraying program. I would be glad to participate on any committees or help with any studies related to this topic. Sincerely, Kathleen M Shockley cc. Pat Awada •-j ~ i ~ i 1 I 1 ~ V W ~ 7 "Ov 71 01 >1 fill ,r 10 lie 10 June 27, 1995 Mr. Paul Olson, Parks Superintendent City of Eagan Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Olson: I am writing in support of the Metropolitan Mosquito Control District (MMCD). As an Eagan resident for the last ten (10) years, our neighborhood has been well served by the MMCD. The SoutB Hills neighborhood has many ponds for breeding mosquitos. This tax is well worth the results the MMCD has demonstrated in my neighborhood. Sincerely, Beverley Miller 3725 South Hills Way Eagan MN. 55123 ~1 i 4~ ! Ir I 4VI L~ d ~ o .r June 25, 1995 Eagan Advisory Parks Commission Eagan Municipal Center 3830 Pilot Knob Road Eagan Minnesota 5 5123 We are writing to express our opposition to Metropolitan Mosquito Control District activity within Fagan. The effort to "control" mosquitoes is a waste of taxpayers dollars and a needless hazard to our environment. Please help to end this "mosquito control" activity within the City of Eagan. Sincerely, Richard T. Starr Joanne Alt 4553 Lake Park Drive Eagan, MN 55122 --ad,o9F,f 70 AVjVe--~- ,r ' /f~L~s~, %1T~ 1.~,~/%2 ~✓-v2 ~h3.~~(J~- cacJ~/L, b`" ~~l~-fv s-~si 2 3 June 25, 1995 Eagan Advisory Parks Commission Eagan Municipal Center 3830 Pilot Knob Road Eagan Minnesota 55123 We are writing to express our opposition to Metropolitan Mosquito Control District activity within Eagan. The effort to 'control' mosquitoes is a waste of taxpayers dollars and a needless hazard to our environment. Please help to end this "mosquito control" activity within the City of Eagan. Sincerely, Richazd T. Starr Joanne Alt 4553 Lake Park Drive Eagan, MN 55122 June 23, 1995 Dear Eagan Parks Commission, i have read with interest the issue of using chemicals to kill mosquitoes. Eagan is a city with numerous areas of water which provides an enormous breeding ground for mosquitoes. Even with the use of chemicals, mosquitoes can dampen outside activities. 'Why is •there concern about the affects to the environment, and not how peoples health can be affected by the aerosols and topical lotions to prevent mosquito bites. Not all people can use commercial products to prevent mosquito bites. The City of Eagan has spent millions of dollars developing beautiful parks and trail systems. These were designed for our citizens to share with their families and each other. With chemicals now used, the parks are tolerable during the hours they are open. Without chemicals, these parks would be intolerable at least half of the time they are open. Please allow those of us with young families to enjoy the outdoors. Please continue to use chemicals to kill mosquitoes. Lori Tripp, 1563 Covington Lane, Eagan, 55122 Dennis and Sandy Ellingson, 47 *2 Covington Court, Eagan, 55122-1 X4.1 June 22, 1995 Mr. Paul Olson Eagan Parks Superintendent Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55123 Dear Paul: I read with great interest in this week's newspaper regarding the mosquito control controversy in Eagan. My knowledge on this is limited, however I would like to offer a suggestion based on several decades of personal experience in environmental issues. My suggestion is simply to use common sense supported by as much information as possible and, when in doubt, don't use chemicals. A further suggestion is that the city re-evaluate its use of fertilizers in parks as well as possibly limiting their use on private properties. Commercially applied chemical sprays pose the greatest environmental and human health hazards, particularly to children. Repeatedly I have observed applications under wet or windy conditions which are both dangerous to people and useless to lawns. A combination of inadequate training and profit motive are most likely the causal factors. Thank you for considering my thoughts. Sincerely, Scott Lepl 4~75' 4498 Wedgewood Drive Eagan, MN 55123-1934 home: 452-1733 `O~ June 22, 1995 Mr. Paul Olson Eagan Parks Superintendent Eagan Municipal Center 3830 Pilot Knob Road Eagan, MN 55123 Dear Paul: I read with great interest in this week's newspaper regarding the mosquito control controversy in Eagan. My knowledge on this is limited, however I would like to offer a suggestion based on several decades of personal experience in environmental issues. My suggestion is simply to use common sense supported by as much information as possible and, when in doubt, don't use chemicals. A further suggestion is that the city re-evaluate its use of fertilizers in parks as well as possibly limiting their use on private properties. Commercially applied chemical sprays pose the greatest environmental and human health hazards, particularly to children. Repeatedly I have observed applications under wet or windy conditions which are both dangerous to people and useless to lawns. A combination of inadequate training and profit motive are most likely the causal factors. Thank you for considering my thoughts. Sincerely, Scott Lepl 4498 Wedgewood Drive Eagan, MN 55123-1934 home: 452-1733 Randy & Shirley Zarecki 661 Windtree Knoll Eagan, MN 55123 June 19, 1995 Eagan Parks & Recreation Department Mosquito Control Input 3830 Pilot Knob Road Eagan, MN 55122 Ladies i Gentlemen: Please consider our household strictly unsupportive of and strongly opposed to any chemical pest control techniques. The health risks are simply not worth the benefit. In the unfortunate event, however, that some form of chemical pest control is imposed, the implementing agency of the control process also assumes the responsibility of informing residents of the exact location, date, and hour the pesticide will be dispersed. At least then we will have an opportunity to escape from the carcinogen. incerel , t Zki dy Zar To: EAGAN PARKS AND RECREATION DEPARTMENT June 12, 1995 MOSQUITO CONTROL INPUT 3830 PILOT KNOB ROAD EAGAN, MN 55122 From: JERRY D. WALERAK Subject: MOSQUITO CONTROL INPUT This letter is in response to a request for citizen input regarding continuation of the mosquito control program within the city. I am strongly in favor of reducing the mosquito population by eliminating their larvae in identified breeding grounds. Advancements in science and technology have come about to increase the quality of life we enjoy. Reduction of mosquito populations allows us to enjoy the outdoors to a much greater extent than if they were not controlled. Families and friends are able to spend time together building relationships in an environment which is relaxing and fun. While there are other means of mosquito control, I believe the treatment of breeding grounds is the most cost effective solution. The commission should recommend continuation of the program for the general good of its citizens. Sincerely, Jerry D. Walerak 4669 Parkridge Dr. Eagan, MN 55123 To: EAGAN PARKS AND RECREATION DEPARTMENT June 12, 1995 MOSQUITO CONTROL INPUT 3830 PILOT KNOB ROAD EAGAN, MN 55122 From: JERRY D. WALERAK Subject: MOSQUITO CONTROL INPUT This letter is in response to a request for citizen input regarding continuation of the mosquito control program within the city. I am strongly in favor of reducing the mosquito population by eliminating their larvae in identified breeding grounds. Advancements in science and technology have come about to increase the quality of life we enjoy. Reduction of mosquito populations allows us to enjoy the outdoors to a much greater extent than if they were not controlled. Families and fiends are able to spend time together building relationships in an environment which is relaxing and fun. While there are other means of mosquito control, I believe the treatment of breeding grounds is the most cost effective solution. The commission should recommend continuation of the program for the general good of its citizens. Sincerely, Jerry D. Walerak 4669 Parkridge Dr. Eagan, MN 55123 - a • . 1 ` ~ JJo l~ kk J coz~ too UT 3 2 ti ~,y 'A kL ti 4Q,57 m m 0 June 21, 1995 le are in favor of the present mosquito control. It has made a great difference to us. I feel sure that it is safe. The difference in spraying and fighting mosquitoes puts us on the side of control. We are two in favor of the spraying. Thank you, Mr. and Mrs. E.J.Plante 3705 So. Hills Dr. y~ Eagan, Mn. 123 r n N m o June 21, 1995 Ile are in favor of the present mosquito control. It has made a great difference to us. I feel sure that it is safe. The difference in spraying and fighting mosquitoes puts us on the side of control. We are two in favor of the spraying. Thank you, • Mr. and Mrs. E.J.Plante 3705-Sa,Ri " Dr. - - - Eagan, Mn 123 - i ~ f SS N ,a 1 'TI ~ , =kAf~ -A ~F rZc.~LL..+.S L7F 4~Y►~t-- Si:tL~'r 1~ I~1f C~ .~4•Pc.. 1 ~t,~c c G w - ni T fZ.-c "f\ 1 c Lt~-A 0c) 156 P--4. L ,i /O' 3830 Pilot Knob Road Eagan, MN 55122-1897 1tv OF `aga (612) 4548100 9 Fax. 454-8363 RECORD OF TELEPHONE CONVERSATION DATE : 9 -7- 5 TIME : Q M TALKED WITH : Cl ~/O ^ n REPRESENTING : 3 PHONE NO.:, 7 073 I SUBJECT/PROJECT/CONTRACT : G U ` d ITE~~MS DISCUSSED : vU/' +f U qj l Y)~`(~v Y` ern (~C~ ' -e o~ ~Q 4) 0 kc) k irl £ of G~ p c~ 4r-, CITY STAFF CC THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ICP908025 3830 Pilot Knob Road Eagan, MN 55122-1897 0p)c1tVoFczcigci-n (612) 454-8100 • Fax. 454-8" RECORD OF TELEPHONE CONVERSATION DATE: ~c(a~9S TIME : TALKED WITH : n REPRESENTING : K3IDL S, A, LE 0r PHONE NO.:, 4 ~,9 ` (c"°-l3s- SUBJECT/PROJECT/CONTRACT: C ITEMS DISCUSSED : . l ~D fm r -/A V C~'~ i 0 CITY STAFF cc . `k, THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ICKW25 3830 (Pilot Knob Rood EcW6, MN 55122-1897 ity of engan -(612) 454-6100 • Fox. 454-8363 RECORD OF TELEPHONE CONVERSATION DATE: TIME : TALKED WITH : REPRESENTING : 706 S. 0 V Or. 55111; PHONE NO.:, SUBJECT/PROJECT/CONTRACT : ~5 V i `Eta CO n'fY'6 ITEMS DISCUSSED : !'-~s (20 n -''l n o ` O O~- 1 o S coin ` p o l. P a ,Q i 1 JAIDroyerm'o-o CITY STAFF CC : f V THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY WON= 3830 Pilot Knob Road Eagan, MN 55122-1897 qty of eagan (612) 454-8100 • Fox. 454-E RECORD OF TELEPHONE CONVERSATION DATE : lJahs TIME : Q6L))(- TALKED WITH : Ilan (~1 U'n'I c- 9eo u x REPRESENTING : a i cl'e-t'ncLr 4" SS/ 3 PHONENO.% 14'~a-a`-7,;), 3 SUBJECT/PROJECT/CONTRACT U `~O ITEMS DISCUSSED : r j- r~ S I CQ~` d~ v)c~ Lou 2~ 'TIULA i h ,A AJD Ctc c~ e~ X-ed u i o -r- L i ' V-L- vi A 4- S t e\ V, 1) e- nur, iA) i n , C cP n Men -I -c-- n n cco o- b6 g -i- -r r - ll AJ", J-6 o-wt-- 4o w cU D d~~Q I`P~,rl i 2 e, YAS-t- n Cry ~^a' w i~~l-~~ of~ vkn7r We- ~J[603 OU P` c0/v\yAuy'\l*1J3- CITY STAFF cc THE LONE OAK TREE THE SYMBOL OF STRE! AND GROWTH IN OUR COMMUNITY icvooeoza i i I 383Q Pilot Knob Road 454- ity of pagan Eag -8 55122-1897 (612) 454x8100 0 • Fax Fax . 454-8363 RECORD OF TELEPHONE CONVERSATION DATE : TIME: -B /Ins TALKED WITH : ` ' : REPRESENTING : PHONE NO.:, SUBJECT/PROJECT/CONTRACT : ITEMS ISCUSSED : 7' i CITY TAFF cc . THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ICP9=25 3830 Pilot Knob Road Eagan, MN 55122-1897 ity of engnn (612) 454-8100 • Fax. 454-8 J RECORD OF TELEPHONE CONVERSATION DATE TIME : TALKED WITH : I~ Vl ~C6y nc U ( C~- ~~V x REPRESENTING : I a`7 PHONE NO.: ~-7 013 SUBJECT/PROJECT/CONTRACT : C U '140 1 ` no ITEMS DISCUSSED : U ►r' 1 I e ✓'b f (Q S ` 0 CQ +1161 r a woU I 1 ~ r e- .;Q 'O- i Y-\ ("u; A71~ irta co n k G~r,1c~ 0a u I A Na T L) ~e- O-Fk-e-u ane- cone -cl, n -b,',v* u C ed,5 Ls 4qAs-f v 1z r r - U-t- 0 6 S.0 Aj id (2/1-" w n c a n s~ o rem 2 o Ov Con^ y~,uv~ CITY STAFF cc . THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY ICP9M25 } MEMO -CRY of eagan TO: DIRECTOR OF PARKS & RECREATION VRAA FROM: CITY ADMINISTRATOR HEDGES DATE: JUNE 22, 1995 SUBJECT: CAPONI ART PARK The City Council has directed staff to -investigate the possibility of including the purchase of some of the 60 acres owned by Anthony Caponi for the Caponi Art Park in a bond referendum so that the public can determine whether or not they wish to support the establishment of an art park in the City of Eagan with their tax dollars. The Council is aware that the Advisory Parks, Recreation and Natural Resources { Commission is presently planning a bond referendum to be held in 1996 for the purposes of various park purchases and improvements. The Council would like to see a separate question on that bond referendum regarding the purchase of some of the Capon! land to establish an art park. The Council is referring this item to the Advisory Parks, Recreation and Natural Resources Commission for their analysis. The Council would like the opinion of the Commission as to how much and what land should be included in the bond referendum. At this point, the Council is considering the purchase of the twenty acres to the north of Diffley Road for the art park itself along with whatever portion of the 40 acres south of Diffley would be necessary for a parking lot and whatever other facilities the Commission would recommend. Mr. Caponi also is requesting that the purchase of the six acres owned by Remo Caponi be considered. Mr. Caponi would like to speak to the members of the Commission when they are studying this item in order that they can better understand his concept of the art park. If you have any questions, please contact me or Assistant to the City Administrator Duffy. City Administrator i TO: ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION FROM: RICH BRASCH, WATER RESOURCES COORDINATOR DEPARTMENT OF PARKS AND RECREATION RE: RECOMMENDATION FOR RE-CLASSIFICATION OF POND JP-23 DATE: JULY 10, 1995 Introduction In April of this year, a group of residents submitted a tetition requesting that the City consider changing the classific tion of Pond JP-23 from nutrient trap to wildlife habitat. The Commission initially reviewed the residents' concerns at the May commission meeting, and the Natural Resources Subcommittee and staff net with a group of residents at the pond on May 31 to discuss specifically what could be done to enhance the ability of.the pond to support desired uses such as wildlife habitat, and the process for re- classification. The result of that meeting was a commitment on the part of residents and City staff to work together in car Wing out several watershed education projects (including catc basin stenciling, soil testing, and brochure distribution) and mo itoring of the quality of the pond. All of those efforts atre well underway. In addition, staff agreed to evaluate the re est for re-classification of the pond to wildlife habitat and submit a recommendation to the Commission for its consideration at ~he July meeting. Evaluation of Re-classification Request Under the current water body classification system outline in the water quality management plan, there are four classifications for recreational water bodies. All classifications except that for wildlife habitat require that there be public access to the water body. Since it has no public access, the wildlife (habitat classification is the most appropriate recreational classification for Pond JP-23. There are three other criteria that wildlife habitat ponds generally must meet. A brief discussion of those criteria and to what degree Pond JP-23 meets each follows. criteria 1: Pond bounce does not exceed two feet in a One year storm. The maximum bounce in Pond JP-23 for a one year storm (2.5 inches of rain in a 24 hour period) is estimated at .65 feet. Thus, this criteria is met. i _ criteria 2: The pond has a mixture of open water and vegetation. Pond JP-23 is generally an open water pond. During the most recent site visit ( y 11, 1995), staff estimated that 5% of the pmond was covered with pond lilies and another 10-15% of the pond was covered with submergent vegetation reaching the surface. Emergent growth provide wildlife habitat in several areas around the margins of the pond. In general, the pond provides excellent habitat for wildlife. criteria 3: The surrounding land use is conducive to wildlife. Single family residences surround the pond. Approximately 90% of the shoreline supports a healthy buffer strip of natural un-maintained vegetation ranging in width from 15 to over 50 feet. The remaining 10% of the pond shoreline is composed of maintained lawns or sand beach. In general, the surrounding land use is conducive for use of the pond as wildlife habitat, but staff feels that conversion of the maintained areas at the pond edge to un-maintained buffer strips could be considered to enhance its attraction for wildlife and to help protect water quality. options The Commission has three options: 1. Recommend that the classification remain unchanged. 2. Recommend that the classification of the pond be upgraded to wildlife habitat without any conditions. 3. Recommend that the classification of the pond be upgraded to wildlife habitat with conditions. Staff Recommendation Staff recommend that the Commission support the re-classification of Pond JP-23 to wildlife habitat. It should also acknowledge that the revised classification acknowledges the benefits of emergent and submergent aquatic vegetation growth in providing habitat for wildlife, and that efforts to manage the pond be directed toward developing a healthy, native emergent/submergent plant community. The commission may wish to consider a condition that action by the Council be taken only after all shoreline residents have established an un-maintained buffer at least 15 feet in width along the pond ward edge of their property. Rich Brasch Water Resources Coordinator f June 20, 1995 City Of Eagan Kenneth Vraa Parks & Recreation Director 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Kenneth: The residents of Country Hollow would like to thank your department and especially Gregg Hove for coordinating and arranging for the tree planting on Diffley Road. Gregg was especially helpful in the planning stage of project and always followed through with commitments made to residents including trees, equipment, and most importantly, the timing of the project In addition, Gregg's interpersonal skills were tested and proven in the few instances of disagreement with property owners. To date, all residents are more than satisfied with the projects results, as the trees are starting to bud and the realization of progress is setting in. It would be our hope that the City and County would again attempt to' reach residents for volunteer work of this type which effects their communities. Sincerely, The Residents of Country Hollow Sponsors: Dave & Jenny Kigin - 4155 Lantern Lane Dave & Sue Johnson - 4159 Lantern Lane f II 7 UNIVERSITY OF MINNESOTA Twin Cities Campus Department of Forest Resources 115 Green Hall College of Natural Resources 1530 North Cleveland Avenue St. Paul, MN 55108-6112 U.S.A. Fax: 612-625-5212 June 21, 1995 Ken Vraa Parks and Recreation, Director City of Eagan Eagan, MN 55122 Dear Mr. Vraa: I am writing this letter to express my thanks to Richard Brasch who gave a presentation to my Vegetation Management class last month. Mr. Brasch started his presentation with the ecological background that affects vegetation management in lakes. Next he presented aspects of the water resource program of the City of Eagen. Especially impressive were the case studies of blue algae and curlyleaf pondweed. Feedback from the students indicated that his talk was very informative and raised many interest and discussions. Also, the student is impressed with the concern and foresight of your city to initiate a water resource program. I like to think that this presentation to our future resource managers (and citizens) will also benefit your city. Again, I would like to express my thanks to Richard Brasch for his work and the City of Eagen for its support. Sincerely, Klaus Puettmann Assistant Professor 1 Af ' city of eagan THOMAS EGAN Mayor PATRICIA AWADA June 26, 1995 SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City Administrator Representative Tim Commers E. J. VAN OVERBEKE City Clerk Rm 215 State Office Building St. Paul, MN 55155 Dear Mr. Commers: The City of Eagan and the Parks and Recreation Department want to thank you for your efforts on behalf of the City in acquiring the tax forfeited property this past Legislative session. As you are aware, the Governor has signed the bill allowing the property to be acquired by the City of Eagan. We have already re-named the property North Park and are excited about the prospects of its future development. We met with Gopher Smelting several times over the last several weeks and are very close to concluding the exchange of property between ourselves and Gopher. Again, thank you for your time and valuable assistance in getting this accomplished. Sincerel Ken Vraa Director of Parks and Recreation KV/cls cc: Tom Hedges, City Administrator Advisory Parks, Recreation and Natural Resources Commission cs3/Commers.kv 1 INICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY EAG 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 350) COACHMAN POINT EAGAN. MINNESOTA 55122.1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681.4600 PHONE: (612) 681.4300 FAX: (612) 681-4612 Equal Opportunlty/Affirmative Action Employer FAX: (612) 681.4360 TDD: (612) 454-8535 ~j TDO: (612) 454-8535 city of eogon THOMAS EGAN Mayor June 26, 1995 PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members Senator Deanna Wiener THOMAS HEDGES City Administrator Rm 303, Capitol Bldg St. Paul, MN 55155 E. J. VAN OVERBEKE City Clerk Dear Senator Wiener: On behalf of•the City of Eagan, Parks and Recreation Department and the community, want to thank you for your efforts in assisting us with the Legislation to transfer the tax forfeited Borchert-Ingersol property to the City of Eagan. As you know, the Governor signed the legislation. Since that time we have continued our negotiations with Gopher Smelting for the exchange of property, which should be concluded during the month of July. Again, thank you for taking the time from your busy schedule to assist us with this f legislative process. I hope you mark this down as one of your "legislative victories" and take pride in the role you have played in getting this accomplished. Sincerely Ken Vraa Director of Parks and Recreation KWcls cc: Tom Hedges, City Administrator Advisory Parks, Recreation and Natural Resources Commission cs3MNiener.ck MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACIL 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 3501 COACHMAN POINT EAGAN, MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 681-4300 FAX: (612) 681-4612 Equal Opportunity/Affirmative Action Employer FAX: (612) 681.4360 TDD: (612) 454-8535 TDD: (612) 454.8535