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11/19/2002 - City Council Public Works Committee0 I. II. V. AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday November 19, 2002 5:15 p.m. City Hall Conference Room (2°d Floor) ADOPTION OF AGENDA PROJECT 810, OAK CHASE LIFT STATION OTHER BUSINESS VI. ADJOURNMENT �C� C', T� 7 0 `.)Z - 5 PUBLIC WORKS COMMITTEE MEETING TUESDAY, NOV. 19, 2002 5:15 pm I. Oak Chase Storm Lift Station Landsca in Im rovements Background As part of the July 2000 Super Storm Mitigation Improvements, several of the City Storm Drainage lift stations were upgraded including raising the entrances of the structures above the July 2000 flood elevations. In several locations, this work resulted in significant disturbance to the previously undisturbed natural areas that had grown around these facilities. In response to the concerns expressed by the adjacent property owners (Mark and Judy Fox), the City initiated significant revisions to the contract to minimize the impact of the proposed improvement. These included removing recently constructed retaining walls, reducing the paved work pad surface area around the entrance hatch, acquiring additional easements from other properties and across Oak Chase Park to accommodate a relocated access maintenance drive, removing old abandon private driveways and installing new plantings around the lift station as well as adjacent to the park. Issue During the final installation stages of the landscape screening, location stakes were moved closer than originally recommended and now interfere with the efficient and safe operation of this facility. Subsequently, a letter was sent to the Foxes on Oct. 22 informing them that the City will schedule to remove the shrubs after Nov. 24. The Foxes were offered an opportunity to salvage the plantings if they so chose. They have submitted the attached letter of objection to this proposed action. Options: 1. Remove these plantings as proposed to provide the required setback 2. Relocate the plantings to an acceptable location on the Foxes property outside the required setback. 3. Do nothing and trim/remove the plantings in the future.. (Certain shrubs will have to be removed immediately as the required trimming would be fatal.) Attachments: • Fox letter, page • Supt. memo, pages �? to. • Photos of current conditions, pages S to % . • Photos of pre-existing conditions, pages 1 and �. • Original Site Plan design, page • Revised Site Plan design (Preliminary), page. Nov. 9, 2002 City of Eagan Tom Hedges, City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, As you are aware per a recent phone conversation with Mark, we have received a letter originating from Tom Colbert's office dated Oct. 22, 2002 regarding Project 810, Oak Chase Lift Station Upgrade. This letter requires us to move four shrubs at our expense from their current location near the lift station or the "City will be removing the offending shrubs after Nov 24." These four shrubs constitute over half the total number of plantings that were considered a reasonable replacement for the dozens of 18-25 year old trees, shrubs and natural growth that existed on our property prior to the recent reconstruction of the lift station on this same property. This letter also refers to movement of "planned location stakes" on two different occasions. Prior to the planting of any shrubs on or adjacent to our property, we were involved in a numerous meetings consist- ing of a representative from the construction company, a landscape contractor, and an authorized representative from the City of Eagan. Ultimately, we were offered four shrubs and three trees to be placed at our discretion on our property. It needs to be stated here that there were no requirements ever made at any of these meetings as to a minimum distance from lift station for planting location. Furthermore, the current plantings are per plan according to design per Eagan Park Planner, C. J. Lilly. With this landscape plan and the landscape contractor's advice, the four shrubs now in question were staked for planting. It was not until the landscape contractor was actually in the process of installing these four shrubs that we discovered Wayne Schwanz was dictating the final location without attendance at any of the numerous meetings, with a total lack of communication with all parties involved regarding any concerns he might have, and with complete disregard for Mark and me, the property owners. The four shrubs were ultimately placed with final agreement from Michael Foertsch, the individual authorized to represent the City of Eagan. At this time, we feel it is necessary to communicate the following requests: • Above mentioned letter from the city of Eagan be immediately rescinded, allowing the four shrubs in question to remain in their current location per landscape plan by Eagan Park Planner, C. J. Lilly. • Wayne Schwanz be appropriately reprimanded and banned from working on our property. • The City of Eagan issue a written statement agreeing to refrain from altering any landscaping (including trimming) on our property without proper notification and our concurrence. • Finalized easement documents for our property be sent to us. Tom, it is with great frustration and disappointment that this letter is being sent. We feel Wayne Schwan has blatantly and intentionally distorted the truth to effect his personal wishes. Mark and I would like to see this to an amicable solution and await your response. If you would like to discuss this issue further or feel it would be helpful to meet, please feel free to contact either of us at our work numbers —Mark, 651-463-5594 or Judy, 952-898-9304. Once again, we thank you for your time and consideration of our requests. Sincerely, Mark and Judy Fox cc: Thomas A. Colbert, Director of Public Works Wayne Schwanz, Superintendent of Utilities Patricia E. Awada, City of Eagan Mayor city of eag MEMO -- TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS FROM: WAYNE SCHWANZ, SUPT. OF UTILITIES DATE: NOVEMBER 13, 2002 SUBJECT: LETTER FROM MARK AND JUDY FOX AND THE LANDSCAPE PLANTINGS AROUND THE LIFT STATION ADJACENT TO THEIR PROPERTY I would like to respond to the points stated in the letter from Mark and Judy Fox dated November 9, 2002. Within the first paragraph the statement is made that dozens of 18 — 25 year old trees, shrubs and natural growth had existed on their property prior to the recent construction of the lift station had been removed. During the course of construction around this storm lift station, numerous brush was removed and two trees were impacted by the construction (see photographs enclosed.) One was an 8 inch aspen and the other one was common buckthorn. Also small trees and assorted brush was removed from the east side of the lift station as per an agreement with Robert Cardenas, owner of the property at 1226 Wilderness Run Road. It seems that most of the confusion about the construction of the lift station revolves around the placement of the replacement trees and shrubs that the Utility agreed to place to screen the location from the Fox's residence. During the construction of this lift station, we requested that C.J. Lilly, the Landscape Architect/Park Planner for the City of Eagan to design a landscape plan for the area between the lift station and the Fox's property. He developed a preliminary design which was shared with the Fox's, the consultant, and of course, other departments within the City. Upon review of this preliminary landscape plan, it was noted by the Utilities that shrubs placed within six (6) feet of the lift station would interfere with the safe and efficient operation of the lift station. Shrubs place within six (6) feet of a lift station encumbers the Utility crews when removing and replacing pumps from the lift station. Approximately one month before the plants were scheduled to be placed on the lift station easement, C.J. Lilly and myself reviewed the site and C.J. Lilly placed the stakes in accordance with the request from the Utility Division so that they would not interfere with the operation and/or removal of pumps from the lift station. C.J. Lilly's preliminary landscape plan did not contain dimensions as to where the plants should be placed, since these activities are done in the field after site review to compensate for any requests from any of the parties involved. I was notified by our consultant one week before the plants went in, and at that time reviewed all the lift stations which had been included in this project, which were receiving landscape materials. Upon investigation of the Oak Chase lift station site, it became apparent that the stakes had been relocated to within one (1) foot of the perimeter of the lift station. At this time I contacted C.J. Lilly who again visited the site and re -staked the shrubs to their original location as had been done earlier upon our first review of the site. The day the plantings were going in, I again visited the site to check on the progress of the work and again found the stakes to be re -located within one (1) foot of the lift station, at which time they were again relocated six (6) feet from the perimeter of the lift station. At this time Mark and Judy Fox approached me and inquired as to the re -staking of the plantings and I explained to them the operation of the lift station and the necessity to provide a clear six (6) foot path around the lift station for maintenance purposes and for safety reasons. At that time they expressed to me their disapproval of the location and so I told the landscaper on site to cease work until the matter could be resolved to the satisfaction of all the parties concerned. After that discussion with the Foxes on the easement, they apparently contacted Mike Foertsch of SEH who's firm is the consultant engineer assigned to design and inspect the construction of the lift station upgrades. With conversations with Mike Foertsch on November 11, 2002, he communicated to me that he indeed had a conversation with the Foxes, and relayed to them that the bushes could possibly be relocated closer to the lift station with the stipulation that if they interfered with the operation of the lift station as they grew they would be trimmed back and/or removed to facilitate the work that would be necessary to properly maintain the lift station. Two shrubs were placed on the north side of the lift station virtually within inches of operating valves which are necessary to isolate the station from its force main in the event of the removal of pumps. The other two shrubs were placed to the west of the lift station within a 1-2 feet of the hatch opening. With these shrubs in that location they will hinder movement around the lift station on the west side and interfere with the removal of the pumps and the safety of utility personnel. In regard to the request made by the Foxes in their letter, the first point of the shrubs remaining in their current location is not in accordance with the request of the Utility during the design of the lift station nor are they in the location staked by the City Park Planner, C.J. Lilly. As I requested these shrubs should be removed from the location where they were initially planted, or be planted back from the station at a minimum of six (6) feet. In answer to their third point, the City of Eagan Utility has always worked with residents whenever a modification needs to be done to landscaping and/or granted easement around any utility structure — well house, lift station, etc. and we will continue to do so with the Foxes. However, by the re- location of these plants or the removal of these plants, the Utility doesn't foresee any further need to trim growth of the plantings within the area. In conclusion, I feel that the Utility has more than worked with the Foxes in the reconstruction of this lift station. There were many changes made to the original plans to facilitate the wishes of the Foxes. For example, the original plan called for the lift station to have a retaining wall on the south side and to raise the station four feet from what its previous height was to accommodate the two foot free zone above the bounce of 2002. Upon the request of the Foxes the retaining wall was removed and the lift station was raised approximately 18 inches to what the high water was of the 2002 storm and the fill around the lift station was then blended into the surrounding areas. The control panel was relocated approximately five feet east as per their request. The Foxes also questioned the legality of our egress easement through their driveway and upon investigation found that we had not been conveyed rights through that property for egress. Therefore we entered into an easement agreement with the property owner to the east of the lift station — Robert and Becky Cardellas, and constructed a new driveway from Wilderness Run Road through the existing park property onto their driveway and constructed an -area to the east of the lift station onto their driveway for our access to the lift station. We then, upon the Foxes request, removed the existing blacktop driveway that had existed between their home and the Cardellas, removed the base, added topsoil, and replaced it with sod. We also put numerous plantings to the north of that site to screen the new driveway that had been created from the Foxes view at their residence. At this time the Utility has put a hold on plans to remove the shrubs on November 25ffi until we receive further direction from your office and/or the City Council. If I can provide any further information, or be of any other assistance in the resolution of this problem please contact me at Ext. #316. Wayne Schwanz Supt. of Utilities WS/nab Enclosures I:\47b\colbert 318 Y 9-.X�zq va" "G-', , 1,. � �, " fir• « t - �, i;. ,r �, ?" ► ,rig4t IL "s'T'�'i''� S 4 , i #��r ae�� ,�• ��7 1. a0�,w „i► _ a"' IPA �y r I , 1 • ti's r •�. � • +' � � � �� . � � �•� r s • 71 ,rte. ' *rte I " _ "r W � ,w � r • • •'� - . � , lig • # , lk �R1C, ir14 L &r/el, 'Al N =y BITUMINOUS 110 %¢ _FENC7= j — 105 __OF FILL / APPWRO lam' ROX.—IOE- —' /-OF FlLL !`J j 2 10 1 - _ - BORING #4 -- ' .2�� WA•CL_ _- /� DETAILS ON 95 EET NOS R� 5 ELEVATIONS ARE ASSUMED ' WITH 100.00 - TOP OF EXISTING WET WELL SLAB. E a ao n� 0 DRAWN BY: MW d tl DESIGNER: PAF y CHECKen nv. PAF N 10 0 10 20 SANITARY MH %O14 r«e T.C. 907.11 /INV. 890.36 NEW BITUMINOUS PAVEMENT r OVER 6' CLASS 5 BASE 110 t_ FROM E IN _1Llp: SILT -FEN \T5 r \ TOE OF .�Fr� TI 'F a7 \EL 100.00 c EDGE OF WATER ON DATE OF SURVEY NOTE: 1. TOPSOIL & SOD DISTURBED AREAS 2. PLACE BITUMINOUS PAVEMENT ON 10' ACCESS TRAIL AND FOR 6' AROUND LIFT STATION. 3. LAYOUT MSE WALL FROM SHOWN AND SCALED DIMENSIONS SUBJECT TO ENGINEER'S APPROVAL NOTE: THE EXACT LOCATION OF UNDERGROUND GAS, TELEPHONE, RBEROPTIC. ELECTRIC, CABLE TV. AND PIPE LINES ARE UNKNOWN. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL BEFORE COMMENCING EXCAVATION. GOPHER STATE ONE CALL SYSTEM: 651-454-0002 OR 1-800-252-1166 PLAN ELEV 100.4 98.0 TO 97.0 TO 99.0 EXISTING GROUND C.: NOTE: BOTTOM ELEV. OF RETAINING WALL VARIES. SEE PROFILE FOR ELEV. A' GEOGRIO LOCATIONS. 16. ©SHORT ELUOTT HDORIO(SON 1"& ANY USE OR REUSE OF I IIFR®Y f�A71FY Tf1AT THS PL THIS PLAN/ORAYANG AND THECORRMINOINO COMPUTER AIDED my L� LEW DESGN/DRAFTNG FILES NRH01T THE E)FRESS IRTTEN CONSENT _ OF SEN. IS PROHBITEO- SEN SHALL NOT BE RE"SIBLE FOR ANY VNAMT MED USE OR REUSE OF 1HESE MATERIALS. 0E 26. 2' ir N 0. 20 0 20 10 BITUMINOUS SUR,,C TOP -UFT STA71CI EX. EEL -892.1C _:ROIA. EL 89 —_TOP OFli- FOX PROPERTY 95 H rt FILE NO. AEAGAN0102 OAK CHASE LIFT STATION DAfE--.- PROJECT NO. 810 12/26/01 EAGAN, MINNESOTA 9 OF WATER ON OF SURVEY EXHIBIT NO. I r 849 ig O r7 AV 1. 0 Anow H rt FILE NO. AEAGAN0102 OAK CHASE LIFT STATION DAfE--.- PROJECT NO. 810 12/26/01 EAGAN, MINNESOTA 9 OF WATER ON OF SURVEY EXHIBIT NO. I MEMO city of eUYUH TO: FILE - PROJECT 810 (OAK CHASE LIFT STATION REPAIR) PUBLIC WORKS COMMITTEE THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 29, 2002 SUBJECT: NOTES FROM PUBLIC WORKS CMTE MEETING, 11-19-02 At 5:15 pm on Tuesday, November 19, 2002, the Public Works Committee, consisting of Council Member/Chair Bakken and Council member Fields, met to discuss follow up issues relating to Project 810, Storm Lift Station upgrade (Oak Chase). In addition, Public Works Director Colbert, Public Works Superintendent Schwanz, City Administrator Hedges along with Mark and Judy Fox were in attendance. The following are brief notes regarding the discussion and action that took place: Project 810 —Oak Chase Lift Station Subsequent to a previous P.W. Crate directive, a letter was sent to Mark and Judy Fox informing them of the City's intent to remove the newly planted shrubs by Nov. 24. The Foxes responded to this notice by submitting a letter of objection and requesting reconsideration. This letter, along with staff comments, was distributed to the Committee and the Foxes prior to the meeting as part of the packet. Mr. & Mrs. Fox presented a follow-up written rebuttal to the staff's position at the meeting. The Foxes stated that they thought they had worked with the City's designated representative on an acceptable location and were very upset with the continued lack of communication during this project. Director Colbert referred to the photos documenting the unacceptable encroachment of the newly planted shrubs and explained the necessity for their removal and the need to maintain a minimum 6' setback clearance for any plantings. The PW Cmte directed staff to mark the restricted area on the ground and provide the Foxes with some wooden lathe to mark alternative locations outside this area and then to have the City transplant the shrubs when most feasible, with advance notification to the Foxes. The meeting adjourned approx. 5:45 pm.