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1991-04-16 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eapn, Minnesota April 16, 1991 A regular meeting of the Eagan City Council was held on Tuesday, April 16, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. BOOM - It was recommended that Item L, Final Plat, Finaserve Addition, be continued to the May 7, 1991 regular City Council meeting. Pawlenty moved, McCrea seconded a motion to approve the agenda for the April 16, 1991 regular City Council meeting agenda as amended. Aye: 5 Nay: 0 The following changes were recommended to the April 2, 1991 regular City Council minutes: Pages 8 and 9, Stop Sign Petition, Diamond Drive at Sapphire Lane. All references to Safari Lane referred to in this item should be changed to Sapphire Lane. Wachter moved, Pawlenty seconded a motion to approve the minutes of the April 2, 1991 regular City Council minutes as amended. Aye: 5 Nay. 0 Senator Halberg was present to update the City Council on legislative issues. Senator Halberg spoke briefly about redistricting, the budget deficit, and returning spending decisions to cities, counties and schools. City Administrator Hedges asked Senator Halberg about a Senate proposal which would mandate the ward system by 1994. Senator Halberg said, in his personal view, that elected officials should represent the community at large and did not see this bill going very far. PARKS DEPARTMENT/COMPREHENSIVE PARK MAINTENANCE MANAGEMENT PLAN No official action was taken; however, at the request of the Advisory Parks, Recreation & Natural Resources Commission, the City Council received the Comprehensive Park Maintenance Management Plan for review. This item will be included on a future City Council agenda. BALLFIELD/RAHN PARK Mr. David Wyss, 2108 Shale Lane, addressed the City Council regarding balls being hit into his backyard from ballfield #2 at Rahn Park. Because Mr. Wyss feels this is a dangerous situation, he asked that ballfield #2 be scheduled only with those leagues not capable of hitting balls over the fence. Mr. Wyss said he would get a restraining order against such occurrences if he had to. After further discussion, Mr. Wyss said he had received a letter from Director of Parks & Recreation Vraa regarding the league assignments for the upcoming season and added that he did not see much change between this schedule and last year's when they had trouble with this situation. City Administrator Hedges said he believed most of the difficulty involved batting practice and City staff would address that problem. Page 2/EAGAN CITY COUNCIL MINUTES April 16, 1991 Item L, Final Plat, Finaserve Addition, was continued to the May 7, 1991 regular City Council meeting. A. Personnel Items Item 1. Seasonal Forestry Aides-It was recommended that the following persons be hired as seasonal forestry aides: Stanley Schneider, Steve Sheldon, and Teresa Treichel. Item 2. Seasonal Weed Inspector Aide-It was recommended that Leroy Berg be hired as the City's Seasonal Weed Inspector Aide. Item 3. Seasonal Parks Maintenance Workers-It was recommended that the following persons be hired as seasonal park workers: Seasonal Parks Maintenance Workers: Brian Banaszewski Dave Smith Brent Tait Duane Barton Mike Finnegan Joe Wilcox Brent Eichten Tyrone Johnson Velta Martin Larry Lien Philip Larson Samuel Walker Trent Makowsky Stanley Sederstrom Seasonal Ballfield Attendants: Jason Forde Shane Johnson Melinda Kaltenhauser Cheri Deike Robert Parrot (1/2 Time Position) Seasonal Park Attendants: Kim Rinehart Kim Martin Robert Parrot (1/2 Time Position) Evening Maintenance/Operations: Jeffrey Grubb Joshua Watschke Joseph Larkin Page 3/EAGAN CITY COUNCIL MINUTES April 16, 1991 B. Final Plat Extension/Town Centre 100 - Eighth Addition It was recommended that a one-month extension to May 19, 1991, for the recording of the final plat for Town Centre 100 - Eighth Addition be approved. C. Extension to Preliminary lat. Gopher gjn Industrial Park 3rd Addition It was recommended that a preliminary plat extension to March 20, 1992, for Gopher Eagan Industrial Park 3rd Addition be approved with the following additional conditions: 8. A proposed ingress/egress easement will be required over the proposed driveway along the south end of Lot 2. 9. The development shall upgrade Kutoff Court with concrete curb and gutter from a point 50' south of the south property line of Lot 2 to State Highway 149. 10. The development is required to provide for fulfillment of water quality requirements as identified in the City's Comprehensive Water Quality Management Plan (either cash or ponding area). D. Proclamation. Eagan Arbor Day. April 27.1991, and Eagan Arbor Month. May 1991 It was recommended that a resolution proclaiming Eagan Arbor Day and Eagan Arbor Month be approved as presented. R-91.19 E. License. Plumbers Licenses It was recommended that the following plumbers licenses be approved: 1) Bjorlin Plumbing, 2) Bruce Plumbing, 3) Janecky Plumbing, and 4) Regency Plumbing. F. License. Tree Service Maintenance It was recommended that the Tree Service Maintenance License for Ark Tree Service be approved with the condition that there be no application of chemical pesticides or any other chemical substances under this license. G. Adjustment. 1991 General Fund Budget It was recommended that the 1991 General Fund budget adjustments be approved as presented. H. Project 613. Receive Petition/Authorize Feasibility Report & Detailed Plans (Willbrook Addition - Streets & Utilities) It was recommended that the petition be received and the feasibility report and detailed plans authorized for Project 613 (Willbrook Addition - Streets & Utilities). 1. Project 614. Receive Petition/Authorize Feasibility Report & Detailed Plans (Yankee Doodle Road/Ganal - Storm Sewer) It was recommended that the petition be received and the feasibility report and detailed plans and specifications be authorized for Project 614 (Yankee Doodle Road/Gangl - Storm Sewer). Page 4/EAGAN CITY COUNCIL MINUTES April 16, 1991 J. Contract 90-17. ADDrove Change Order #1 (Wells #3 & #4 - ReDair) It was recommended that Change Order #1 to Contract 90-17 (Wells #3 & #4 - Repair) be approved and the Mayor and City Clerk authorized to execute all related documents. K. AADDrove Settlement Agreement. Project 466, Assessment Appeal (Hardees Restaurant) It was recommended that a Settlement Agreement and Resolution be approved authorizing the City Attorney's office to prepare the Stipulation for Settlement and the Mayor and City Clerk authorized to execute that document. L. Final Plat. Finaserve Addition It was recommended that the final plat for Finaserve Addition be continued to the May 7, 1991, regular City Council meeting. M. Final Plat/Manor Lake 3rd Addition It was recommended that the fmal plat for Manor Lake 3rd Addition be approved. R-91.20 N. Final Plat/Valley Acres It was recommended that the final plat for Valley Acres be approved. R-91.21 0. Contract 91-01. Approve Plans/Authorize Advertisement for Bids (T.H. 149 & Becker Road Improvements) It was recommended that the plans for Contract 91-01 (T.H. 149 and Becker Road Improvements) be approved and the advertisement for bids authorized subject to MnDOT's final approval. P. Contract 89-05. Approve Change Order #3 (Skyline Road/Sibley Hills Drive - Streets & Utilities) It was recommended that Change Order #3 to Contract 89-05 (Skyline Road/Sibley Hills Drive - Streets & Utilities) be approved and the Mayor and City Clerk authorized to execute all related documents. Q. Contract 89-05. Final Payment/Acceptance (Skyline Road/Sibley Hills Drive - Streets & Utilities) It was recommended that the 7th and final payment in the amount of $28,615.26 for Contract 89-05 (Skyline Road/Sibley Hills Drive - Streets & Utilities) to Brown & Cris, Inc., be approved and formal acceptance of perpetual City maintenance authorized subject to all related warranty conditions. Gustafson moved, Wachter seconded. a motion to approve the Consent Agenda as amended. City Administrator Hedges then asked to clarify what fees were to be waived with the shooting range being developed by the City of Apple Valley. Because the City of Eagan is participating in the development of the shooting range, a question has arisen as to out-of-pocket costs and how they relate to storm sewer and water quality costs. He said if the water quality and storm sewer costs are waived, the City Council may wish to enter into an agreement which would allow for the collection of those charges if the property is sold to a private owner at a later date. Aye: 5 Nay: 0 Page 5/EAGAN CITY COUNCIL MINUTES April 16, 1991 FINAL ASSESSMENT HEARING/PROJECT 524 Mayor Egan introduced this item as Project 524, Final Assessment Hearing for Johnny Cake Ridge Road, Street Improvements. Director of Public Works Colbert explained the background and scope of the project. He said one significant difference from the final assessment roll as compared to the preliminary roll is the subsequent approval of Council policy whereby the trailway assessment was deleted from the original project and is not being proposed to be assessed with this final assessment roll. Mr. Colbert said all rates compare favorably to the original feasibility report amounts. Mr. William Bush, representing the Willmus family, said their primary area of concern is the street. Mr. Bush said that in the 1970's, the Willmus family was asked to dedicate a 100 foot right-of-way. He said they had done this with the understanding that the adjoining property would only be assessed for a 32 foot roadway. Mr. Bush said the other concern had to do with widening the approach to the Diffley/Johnny Cake Ridge Road intersection. He said because this widening was a community benefit, not a neighborhood benefit, that assessment should also be scaled back to 32 feet. Mr. Bush pointed out that the widening of the intersection was not part of the original proposal and has been done for County and City purposes. Mr. Bush presented a formal objection to the assessments. Discussion then ensued regarding the points raised by Mr. Bush. Director of Public Works Colbert said that correspondence referred to earlier by Mr. Bush regarding a lower assessment pertained to an earlier phase of Johnny Cake Ridge Road. Mr. Colbert went on to say he was not aware of any agreement whereby the Willmus property would be assessed for 32 feet of right-of-way rather than 44 feet. Council further discussed whether or not this item should be continued to allow staff to work with the Willmus' or whether the project should be approved noting their objection. Mr. Bush said they would prefer to avoid the legal process and first explore means to resolve the issue through the local body. McCrea moved, Gustafson seconded a motion to postpone to the May 7, 1991 regular City Council meeting the public hearing and final assessment roll for Project 524 (Johnny Cake Ridge Road - Street Improvements). Aye: 5 Nay: 0 BUSINESS SPECIAL PERMIT/8' FENCE SURROUNDING SHOOTING RANGE Gustafson moved, Wachter seconded a motion to approve a special permit for an 8' fence surrounding the shooting range at Valley Acres. Aye: 5 Nay: 0 SENECA DEVELOPMENT AGREEMENT/SCHEDULE REVISION Mayor Egan introduced this item as Consideration of Seneca Plant Development Agreement - Proposed Revision to Schedule Regarding Incinerator Odor Control Improvements. Before entertaining a motion to continue this item to the May 7, 1991 regular City Council meeting, neighbors who wished to address the issue were given that opportunity. Ms. Betty Bassett, of 2101 Wuthering Heights Road, voiced her concerns regarding any changes in the schedule for the installation of odor controlling equipment at the Seneca Plant. She asked that neighbors be included in any discussion of conditions for extensions of that time schedule. Ms. Bassett expressed the neighbors frustrations with the process and asked that the City Council protect the residents from this obnoxious development. Page 6/EAGAN CITY COUNCIL MINUTES April 16, 1991 Ms. Bea Blomquist, of 4514 Oak Chase Road, spoke on behalf of the Chamber of Commerce and local businesses. She asked that odor controlling equipment installation be accelerated as many neighbors and businesses in the community were affected by the Seneca Plant. Mary Ramnarine, of 3785 Nicols Road, asked that the City Council hold the MWCC to their promises. Ms. Mike Hazel, of 2129 Silver Bell Road, said because the MWCC could not meet its goals, they should be advised that any future expansion would not be available in our community. Gustafson moved, Wachter seconded a motion to approve a continuation of consideration of the Seneca Plant Development Agreement schedule revision regarding incinerator odor control improvements to the May 7, 1991 regular City Council meeting. Aye: 5 Nay. 0 CONDITIONAL USE PERMIT/SPECIAL USE PERMIT R.L. JOHNSON INVESTMENT COMPANY Mayor Egan introduced this item as a Conditional Use Permit for R.L. Johnson Investment Company, Inc. to Allow Outdoor Storage in a LI (Light Industrial) District and a Special Permit for a Fence in Excess of Six Feet Tall on Lot 1, Block 1, R.L. Johnson 2nd Addition Located Along Yankee Doodle Road and Yankee Doodle Drive in the Southeast Quarter of Section 8 and the Northeast Quarter of Section 17. Director of Community Development Runkle said that a letter had been received from the applicant indicating a willingness to consider relocation of the outdoor storage to an alternate site on the property. Mr. Runkle said the appropriate action then would be to continue it to the July 2, 1991 regular City Council meeting thereby allowing the revised plans to go through the Planning Commission, back to the City Council and then relocation implemented before the first meeting in July. Wachter moved, Pawlenty seconded a motion to continue to the July 2, 1991 regular City Council meeting consideration of a conditional use permit to allow outside storage of motor vehicles on Lot 1, Block 1, R.L. Johnson 2nd Addition and a special use permit for a fence in excess of six feet tall as presented. Aye: 5 Nay: 0 FRONT YARD SETBACK VARIANCE/1612 BLACKHAWK LAKE DRIVE Mayor Egan introduced this item as a Variance for Bob Michalek of 19' to the Required 30' Front Yard Building Setback for 1612 Blackhawk Lake Drive, Lot 7, Block 1, Blackhawk Glen 3rd Addition. Director of Community Development Runkle identified the location, provided a brief explanation as to the request and pointed out that one objection had been received. Mr. Tim Jacobson, who said he was the architect and owner's brother, said they had contacted the neighbors so was surprised by the objection. He went on to explain the owner's attempts to find a location for this addition because of the difficult topography. He stated that the variance is necessary due to the recent knee surgery of both owners which has made the basement of their home unusable. He said in an effort to centralize all household activities on the main level, the owner's office, laundry room, recreation room and storage area would be incorporated in the existing garage and the proposed addition would be used as the garage. He said the owners had considered moving, however, it was not considered economically feasible because the home was purchased in 1989 and it would be several years before they could recoup any closing costs. Page 7/EAGAN CITY COUNCIL MINUTES April 16, 1991 The Council then discussed whether or not a hardship existed for the granting of the variance. It was generally agreed that this is a personal hardship, yet if a variance were granted, it would run with the land. Additional concerns were expressed regarding limiting off-street parking for this home as well as how sizable a 19 foot variance would be. McCrea moved, Gustafson seconded a motion to deny a variance for Bob Michalek of 19 feet to the required 30 foot front yard building setback for property located at 1612 Blackhawk Lake Drive. Aye: 5 Nay. 0 - PRELIMINARY PLAT/PARK CENTER 2ND ADDITION SENIOR HOUSING COMPLEX - Mayor Egan introduced this item as a Preliminary Plat for the Park Center 2nd Addition/City of Eagan, Consisting of Approximately 6.8 Acres of Previously Zoned R-4 (Multi-Family) Acres for a Senior Citizen Housing Complex Located Along the North Side of Park Center Drive in the Southeast Quarter of Section 30. Director of Community Development Runkle then explained the background and the scope of the project. He added that one issue requiring additional clarification related to park dedication fees. Mr. Runkle said that a program had been developed allowing congregate dining for seniors in the community, as well as making the dining area available for other senior activities and events. Mr. Victor Zeuthen, of Arvid & Elness Architects, Inc., presented a drawing of the planned concept for the senior housing project. After explaining the design and the materials of the structure, Mr. Zeuthen said the project was coming in 15 percent under budget. He said of these affordable units, one-third would be two bedroom and two-thirds would be one bedroom. Discussion then ensued regarding the number of handicapped units available, congregate dining and the availability of DARTS. Mark Ulfers, of the Dakota County HRA, said he had met with a number of Eagan senior citizens and 130 households had contacted the HRA and been placed on the project's interested list. After further discussion regarding waiver of the park dedication fees, Gustafson moved, Wachter seconded a motion to approve the preliminary plat for Park Center 2nd Addition for the City of Eagan Senior Housing Complex with the waiver of park dedication fees in exchange for scheduled use by other seniors of the facility and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on July 10, 1990 shall be complied with: B1, C2, C4, CS, El, G1, H1. 2. Snow fencing shall be placed around the existing trees prior to any grading. 3. The 21 outdoor parking stalls shall be allowed as shown on the site plan. Director of Community Development Runkle pointed out that one-to-one underground parking is being provided for the facility, however, outside parking is under normal requirements. Mr. Runkle said based on other existing facilities presently being operated by the HRA, a large number of outside parking spaces was not deemed necessary. Aye: 5 Nay. 0 Gustafson moved, Wachter seconded a motion to authorize payment in the amount of $957,100 from the specially dedicated senior housing fund to the HRA for the City's portion of the Senior Housing Project. Page 8/EAGAN CITY COUNCIL MINUTES April 16, 1991 City Administrator Hedges stated that the amount originally intended for payment to the HRA was $1 million; however, the $957,100 payment represents an adjustment for interest the City would have accrued had the $1 million been released to the HRA over the life of the project. Aye: 5 Nay- 0 CITY CODE AMENDMENTS/PYLON SIGN REGULATION Mayor Egan introduced this item as an Ordinance Amendment, City of Eagan, Amending Eagan City Code Chapter 4, Entitled "Construction licensing, Permits and Regulations, Including Signs, Excavations and Mobile Parks," by Amending Section 4.20 Regarding, 'Placement, Erection and Maintenance of Signs," and Adopting by Reference Eagan City Code Chapter 1 and Section 4.99. City Administrator Hedges said that this item was considered by the Advisory Planning Commission at their March 28,1991 regular meeting and they had recommended approval. Mr. Hedges said the action was prompted by a request made by the City Council in the fall of 1990. Director of Community Development Runkle said that the proposed ordinance deals with more than just billboards and attempts to address the entire sign issue. Various questions arose regarding real estate signs, political signs and the new spacing between pylon signs. Director of Community Development Runkle said that because for sale signs could not be regulated by content, the new ordinance would regulate them by type of sign and size. When it was asked whether or not political signs should be removed within a week after an election, City Attorney Sheldon pointed out that political signs are allowed by the State to remain ten days after an election. In regard to the spacing between pylon signs, Director of Community Development Runkle pointed out that while the spacing is 100 feet rather than 300 feet, the height and size of the pylon signs has been reduced. Councilmember Pawlenty then listed a number of areas within the new ordinance that may need to be changed or clarified. Staff will use such direction in refining the final draft of the sign ordinance. Mr. Wendell Widstrom, a resident in the audience, suggested that the sign ordinance also give some thought to the maintenance of signs. He said a number of signs are leaning and are not being maintained. Councilmember Pawlenty said that he believed some communities regulate the date political signs may be placed in advance of an election and regulate political signs in other manners. He suggested that the City consider adding political signs as part of the proposed ordinance changes. He said perhaps the Council would want to proceed with this ordinance and then bring an amendment dealing with political signs at a later date. Director of Community Development Runkle noted additionally that banners had not been addressed in this ordinance but would be taken up in the future. Mayor Egan questioned a provision returning a certain portion of the application fee if the application is denied. He said he could not recall another ordinance where such a policy was included and recommended its removal. Pawlenty moved, Gustafson seconded a motion to continue the proposed amendment to Eagan's City Code, Section 4.20 regarding placement, erection and maintenance of signs to the May 7, 1991 regular City Council meeting with direction to staff to consider the points that were raised and to bring back a revised draft. Aye: 5 Nay: 0 89-R- 2N PROJECT ~MANOR LAKI, D ADDITION Gustafson moved, Wachter seconded a motion to acknowledge completion of public improvements for Project 89-R (Manor Lake 2nd Addition - Streets & Utilities) and to authorize perpetual City maintenance subject to appropriate warranty provisions. Aye: 5 Nay: 0 Page 9/EAGAN CITY COUNCIL MINUTES April 16, 1991 VISITORS TO BE HEARD Mr. Bob Middlemist, the developer of Manor Lake 3rd Addition, asked that the Council consider changing the final plat approval received earlier in the meeting to include thirteen lots rather than the eleven that were approved. Mr. Middlemist said because of slow sales in housing the last two years, he had sold only five lots each year. Because it was necessary to cut costs, he said he did not install the required, temporary cul- de-sacs in the Manor Lake 2nd. Mr. Middlemist said that in order to eliminate the necessity of installing temporary cul-de-sacs in the Manor Lake 3rd Addition, staff had required that two lots be removed from that plat. He said he would like these lots reinstated. Mr. Middlemist pointed out that the overall the number of lots in the development would not exceed 72 and it would be preferable to plat them now rather than in a later phase. Director of Public Works Colbert said platting 11 lots instead of 13 in the Manor Lake 3rd Addition would eliminate the need for a temporary cul-de-sac and reduce costs. Mr. Colbert said City policy has been that if a dead end street is to be platted, a temporary cul-de-sac must be constructed to allow for maintenance as well as accommodation for emergency vehicles. Mr. Colbert said there was reluctance on the part of the developer in the 2nd addition to install the temporary cul-de-sacs and it was determined that the elimination of these two lots in the 3rd would also eliminate the need to install the temporary cul-de-sacs. The City Council then discussed the appropriateness of considering a change to the final plat for Manor Lake 3rd Addition. Because the final plat has already been approved by Council action, any change to that action would require an amendment. It was recommended that Mr. Middlemist continue to work with staff in an attempt to resolve the issue and if an amendment is appropriate, it will be returned to the City Council for action. BOULEVARD TREE PLANTING Mr. Rick Packer, of the Sienna Corporation, presented a letter to the City Council regarding the planting of boulevard trees. Mr. Packer's letter is attached as Exhibit A. It was recommended that staff meet to discuss the merits of Mr. Packer's suggestion and then present their recommendations at a future meeting of the City Council. EASEMENT ACQUISITION/PROJECT 600 (BECKER ROAD IMPROVEMENTS) City Attorney Sheldon said that as a part of the Becker Road improvements, the City has been negotiating easement acquisitions. Yorkton Industrial Partnership has offered to sell an easement to the City for $32,000. If that amount is within what an appraiser says the property is worth, Mr. Sheldon asked that the City Council authorize a settlement of the easement negotiations. Gustafson moved, McCrea seconded a motion to approve the acquisition of an easement for Project 600 (Becker Road Improvements) from Yorkton Industrial Partnership in the amount of $32,000, if appraised at that value. Aye: 5 Nay: 0 ESCROW POLICY City Administrator Hedges asked for clarification of City Council action regarding outstanding escrow balances. He said a year ago, the City Council had been apprised of the total outstanding escrow owed the City for various developments. One consideration had been to deny any new development if the developer had an outstanding escrow balance from a previous project. Because a number of new developments in the City could be impacted, City Administrator Hedges said staff has been reluctant to strictly enforce this policy. Mr. Hedges said three particular developments would be affected by this policy and he asked that the Council provide clarification of this public policy issue. 'If 4 -3 15C -L~- Page 10/EAGAN CITY COUNCIL MINUTES April 16, 1991 Councilmember Pawlenty said that if an escrow amount is legitimately in dispute, the City will have to remain flexible. He said he would like some type of indication, however, what the problems are. City Administrator Hedges said staff would return those issues involving developers with a history of problems to the City Council for their consideration. Councilmember McCrea again recommended that an independent hearing process be initiated to resolve these issues. TRINITY LONE OAK CHURCH/DEVELOPMENT FEES After discussion, Pawlenty moved, Wachter seconded a motion to reconsider Council action on December 18, 1990 regarding the waiver of fees associated with the Trinity Lone Oak Church remodeling/ expansion. Aye: 5 Nay: 0 CHECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated March 31, 1991 in the amount of $1,800,224.81 and the checklist dated April 16, 1991 in the amount of $854,270.54. Aye: 5 Nay. 0 EXECUTIVE SESSION/ADJOURNMENT The City Council adjourned the regular meeting to an executive session to consider attorney/client privileged information at 10:05 p.m. Those in attendance were Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, City Attorney Sheldon and attorneys Mike Dougherty and Ken Hall from that office. The executive session was adjourned at approximately 11:15 p.m. KF CITY OF EAGAN ~A . , I ~ ~ L614- E. anOverbeke Citylerk EXHIBIT A t,'~.av+ rt W SMOM Suite 608.4940 Viking Drive • Minneapolis, Minnesota 55435.612-835-2808 CORPORATION April 10, 1991 Jim Sturm City Planner City of Eagan 3830 Pilot Knob Rd. Eagan, MN 55122 Re: Boulevard Trees Oaks of Bridgewater 1st & 2nd Additions Dear Jim, As you know, through my work with the Builders Association of Minnesota, the Minnesota Chapter of the American Society of Landscape Architecture, and the Minnesota Shade Tree Advisory Committee, I have always had this "thing" about the fact that many cities in the metro area do not require developers to install boulevard trees in their subdivisions; some cities don't even require a front yard tree. I strongly believe that urban trees, particularly boulevard trees, are a very important part in the creation of the neighborhoods we develop. Unfortunately, many municipalities don't share this concern; they are more than happy to impose burdensome tree preservation ordinances but not willing to take any initiative of their own toward addressing the problem of urban trees and the vegetative quality of our cities. Until now I have not really had any cause to request the City of Eagan to allow me to plant boulevard trees in our subdivisions; another controversial crusade is not usually foremost in my efforts to get through the development process. However, in the instance of the Oaks of Bridgewater, I feel it necessary to formally request to place shade trees in the boulevard. Sienna, as well as the builder (Charles Cudd Co.), feel that the planting of street trees in this subdivision would greatly enhance its appearance and the overall street image of the subdivision. These trees would be planted in front of each lot in addition to the 100 - 120 mature spruce and norway pine that are going to be planted in the 2nd Addition. In the 1st Addition we will be planting mostly shade trees due to the trees that we were able to preserve during construction. Planners @ Developers • Contractors I am aware of the City's requirement allowing trees to be planted 10 feet from the back of the curb. Unfortunately, I don't think that that is close enough to achieve the desired result. Additionally, in the Oaks of Bridgewater, this is where the electric, telephone, and cable T.V. is located (the R.O.W. is 50 feet creating a 10 foot boulevard). If we are not allowed to plant closer to the curb, we will have to be back approximately 20 feet from the curb to stay clear of gas/electric/telephone utilities. As a landscape architect, you know that being this far back totally neglects the philosophy and purpose of boulevard trees; they become just a "front yard" tree. I am familiar with all the reasons cities have for not wanting boulevard trees. They range from ridiculous (who rakes the leaves), to exaggerated (loss of snow storage) to real (who maintains the tree). In response to the issue of maintenance, I see no reason why homeowners can't be made to maintain these trees. Homeowners are made to maintain the boulevard, they can just as easily maintain the trees. At any rate, Sienna would like to request permission to plant boulevard trees 6-8' behind the curb in the Oaks of Bridgewater 1st and 2nd Additions. We would be happy to plant trees that are fairly compact such as ash or linden to minimize the potential for trimming. Please contact me as soon as convenient to tell me the best way to proceed with this request. As I've said before, your help in assisting us to make this subdivision a better neighborhood has been greatly appreciated. I will look forward to hearing from you. Very truly yours, Rick acker Project Manager P i ( bl' ~ - I ~~v~. SUS I I I I lip( -7w 10