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4381 Nicols Rd - Letter re Storing material in City streets City of Ea~an July 6, 2007 Mike Maguire MAYOR Jerry's Garden & Nursery Center 4381 Nicols Road Paul Bakken Eagan, MN 55122 Peggy Carlson Re: Storing material on City streets Cyndee Fields To Whom It May Concern: Meg Tilley COUNCIL MEMBERS During the past several years City employees have observed numerous locations throughout the City of Eagan where your company was illegally storing landscaping materials on City Streets. Most Thomas Hedges recently was earlier today when a City employee found your company storing pallets of sod on Deerwood Drive. To make matters worse, this section of street received a new bituminous overlay CITY ADMINISTRATOR less then a month ago; couple that with the warm summer temperatures and the potential for damaging the street is significant. Any necessary repair work in situations like these would have to be passed on to either your company or your client. The following are excerpts from our City Code that address this issue: Section 7.05, Subd 2. Obstructions. It is a misdemeanor for any person to place, deposit, display, install or maintain any fence, goods, structure, landscaping or other obstructions upon, over, across or under any street...A violation of this subdivision shall be deemed a public nuisance. Any person MUNICIPAL CENTER who is in violation of this subdivision shall immediately remove the obstruction upon demand by the 3830 Pilot Knob Road city and upon failure to do so, the violator shall pay the costs incurred by the city in connection with Eagan, MN 55122-1810 its removal. 651.675.5000 phone Section 7. 05, Subd. 8. Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. 651.675.5012 fax 651.454.8535 TDD We must enforce this because storing materials in the street creates a safety hazard. Furthermore, it causes unnecessary wear and damage to our infrastructure. The streets can get damaged (or at least reduce their useful life) and the storm sewers can get filled up with dirt and debris which can cause flooding problems as well as degrade ponds and wetlands. MAINTENANCE FACILITY 3501 Coachman Point Please let this letter serve as official notice that if we encounter your company illegally storing materials on City Streets in the future we will request the police department issue a citation for the Eagan, MN 55122 offense. I hope you understand why we must take these steps and will cooperate with us in the 651.675.5300 phone future so we don't get to the point of writing citations. If you have any questions please feel free to 651.675.5360 fax contact me at 651-675-5641. 651.454.8535 TDD Sincerel www.cityofeagan.com Dave Westermayer Engineering Technician C. Jim McDonald, Chief of Police THE LONE OAK TREE Enclosure: Use of City Right-of-Way flyer The symbol of strength and growth in our community. j