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Staff does not feel it is reasonable to require Bauerly Bros. to do this entire <br />project, so we are not recommending they be responsible for the <br />grading needed to get the road in shape. Grading this portion of 225th <br />will be somewhat less than $10,000. <br /> <br />Further, it will be hard to justify assessments to other property owners <br />adjacent to this road since they are not causing the need for the <br />improvements and have large frontages. Staff is recommending the <br />grading portion of this project is taken from the Street Reserves or <br />Overlay Fund. <br /> <br />Another option for funding the city's portion of this project is landfill <br />surcharge. State Statute 115A.921, Subd. 1. directs that $.25 out of every <br />$1.00 the city collects in surcharge be used only for "purposes of landfill <br />abatement or for purposes of mitigating and compensating for the local risks, <br />costs, and other adverse affects of facilities". It may be possible that this <br />portion of landfill surcharge could be used to compensate the property owners <br />on 225th Avenue, who are the first ones down wind from the landfill, for the <br />dust and litter they contend with from that operation. The compensation <br />would be in the form of an upgrade of 225th Avenue without an assessment. <br />Hard-surfacing 225th Avenue would also help mitigate the negative effect of <br />dust from the landfill by eliminating dust caused by traffic on this road. <br /> <br />City Attorney, Kevin Johnson, is reviewing whether or not this is a <br />legitimate use of this fund. The abatement/mitigating/compensating portion <br />of the landfill surcharge the city collects is quite sizable with limited uses the <br />city can put it to. If the attorney deems upgrading 225th Avenue is an <br />appropriate use of this money, staff is recommending all of 225th Avenue <br />within the city limits is blacktopped without assessing the adjacent <br />property owners. Bauerly Bros. would still be responsible for the costs <br />previously outlined. If the council is in agreement with doing part or all of <br />this road, they need to direct the engineer to prepare the necessary plans and <br />solicit bids. <br /> <br />TREE PLANTING AND OAK WILT <br /> <br />A portion of the affected property is wooded. Bauerly Bros. are proposing <br />that farming be the end use of this property after reclamation with trees <br />replaced on the perimeter of the property. <br /> <br />The wooded areas that will be disturbed by this proposal are made up largely <br />of oaks. Therefore, oak wilt is of concern. The draft conditional use permit <br />contains stipulations to deal with oak wilt. <br /> <br />f:\shrdoc\b&z\stever\baurcup.doc <br /> <br /> <br />