01/10/2006 - City Council Public Works CommitteeAGENDA
PUBLIC WORKS COMMITTEE MEETING
JANUARY 10, 2006
12:00 P.M.
JANDEWERTH RESIDENCE
1705 WALNUT LANE
EAGAN, MN
I. AGENDA ADOPTION
II. REVIEW DENIAL OF CLAIM RE: TREE TRIMMING -
HENRY JANDEWERTH
III. OTHER BUSINESS
IV. ADJOURNMENT
PUBLIC WORKS COMMITTEE
JANUARY 10, 2006
III. CLAIM FOR DAMAGES — CITY TREE TRIMMING
ISSUE:
Mr. Henry Jandewerth (1705 Walnut Lane) addressed the City Council during the Sept. 20, 2005
listening Session and requested Council reconsideration of the City's insurance company denial
of his claim for the City to install 16 evergreen trees on his property as compensation for the
City's trimming of 16 similar trees that were originally installed by Mr. Jandewerth within the
public right of way of Johnny Cake Ridge Rd. approximately 30+ years ago. This item was
referred to the Public Works Committee for review and recommendation.
BACKGROUND:
The Public Works Committee met on December 12. 2005 to consider this item_ Tnfnrmatinn
supporting the Jandewerth claim, the City's tree trimming activity and insurance company's
denial were presented and reviewed. The PW Committee's discussion of this item was
subsequently continued to January 10, 2006 for further consideration at the site (1704 Walnut
Lane). During the discussion of this item on Dec. 12, there was discrepancies in the recollections
provided regarding the appropriateness of the location of the City transplanted trees in question.
Research of the project files resulted in the related correspondence (attached) which supports the
City's position that the trees were transplanted to a location of Mr. Jandewerth's choosing. This
information should be considered in addition to 'the previous information provided with the
December 12 PW Cmte Packet.
ATTACHEMENTS :
1. Larson memo, April 21, 1989
2. Colbert letter, Sept. 18, 1989
3. Jandewerth letter, Sept. 20, 1989
COMMITTEE RECOMMENDATION OPTIONS:
1. Deny the claim as submitted
2. Approve the claim as submitted with payment of a monetary equivalent
3. Approve claim as submitted with authorization to perform requested plantings
4. Approve claim as submitted with authorization to perform a specified screening
equivalent.
5. Other:
RECEIVED MAY
MEMO
yY
April 21, 1989
From: Craig Larson, Project Inspector 4
To: Residents along Johnny Cake Ridge Road
Re: Walk and Trailway Construction
The City of Eagan will be contracting for the construction of a walk and a
trail along both sides of Johnny Cake Ridge Road this summer. The walk will.
be 5' wide concrete located on the west side while the trail will be 8'
bituminous located on the east side. This memo is for purposes of informing
all residents whose property abuts the walk and trail as to the proposed
location of the walk and other construction related issues. It is also the
result of numerous meetings and discussions with most of the affected property
owners.
LOCATION: Both the walk and the trail will be located 8' behind the existing
back of curb of the street except for the following two locations. The 8'
dimension is a revision from the original plans which called for a 12'
boulevard.
a. On the east side of the street north of Cliff Road in the area of the
existing sign for the Woodgate development, the edge of the trail will
be located adjacent to the edge of the street right of way which will
result in a 18.5' boulevard. This will eliminate any conflict with
the existing sign and shrubs.
b. On the west side of the street at the intersection of Johnny Cake
Ridge Road and Woodgate Lane, the concrete walk will begin on the
south side of Woodgate Lane opposite the existing walk on the north
side of Woodgate Lane. In this area the existing walk is located
adjacent to the edge of the street right of way which results in a
21.5' boulevard. From this point, the walk will curve back toward the
street until it is within 8' of the existing curb.
EXISTING TREES: Existing "mature" trees that are in the way of either the walk
or trail will be transplanted by a Contractor hired by the City. Mature trees
are defined as those requiring a mechanical tree spade to accomplish the
transplanting. If there are any question as to the definition of a mature
tree, please contact us and we will review each situation with the City
Forester.
Transplanting of trees work will be accomplished as soon as possible but no
later than the end of. May. This work will be accomplished in the following
manner.
1. Upon selection of a contractor, all affected residents will be
contacted to determine the new locations for existing trees.
- 1 -
MEMO
2. The contractor will move, water and place mulch around the trees.
This will be completed within 48 hours of the initial moving. Holes
will be filled but no other restoration work will be accomplished.
The contractor will not warranty the trees for any time period. A handout
will be given to all residents concerning the care of the transplanted trees
and it will be the responsibility of the property owners to care for the
plants.
OTHER EXISTING TREES, SHRUBS, AND IMPROVEMENTS: It will be the responsibility
of each property owner to move trees that are not mature, shrubs, or owner
made improvements such as retaining walls, wood fences, or sprinkler systems.
If these items are not moved. the contractor for the trail and walk
construction will remove and dispose of the items as part of the project.
Property owners that will be affected by this will be contacted individually
during the month of May.
RESTORATION: Existing sod will be replaced upon completion of the walk
construction. In addition, short retaining walls will be constructed where
required to meet existing lawns. Existing. driveways and intersecting
bituminous trails will not be disturbed.
PROJECT SCHEDULE:
May 4, 1989 - City selects contractor to transplant trees.
May 16, 1989 - City awards contract for construction of trail, walk, and
completion of street to Diffley Road.
May 30, 1989 - Transplanting work is completed.
July 6, 1989 - Contractor may begin walk/trail construction. Completion
of this work is to occur within 30 working days after he
begins actual construction.
September 1, 1989 - All project work is to be completed.
If you should have any questions, please feel free to contact either Tom Angus
or Jerry Bourdon at 636-4600 or myself at 454-1532 (telephone answering
device). When contacting me, please leave a message and I will return the call
as soon as possible.
2
MEMO
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3830 PILOT KNOB ROAD
EAGAN, MINNESOTA 55122-1897
PHONE: (612) 454-8100
FAX (6�4P5�emier 18, 1989
MR. HENRY B. JANDEWERTH
1705 WALNUT LANE
EAGAN, MN. 55122
RE: Contract 89-09, Johnny Cake Ridge Road Sidewalk
Dear Mr. Jandewerth:
MC ELLISON
Mayor
THOMAS EGAN
DAVID K. GUSTAFSON
PAMELA McCREA
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
City Clerk
The City is in receipt of your letter of September 15th expressing
concerns regarding the compatibility of the restoration
necessitated by the sidewalk construction with the recently
transplanted trees under the above -reference project.
In reviewing the information with Craig Larson, we are not able to
install your request for a retaining wall within the standards that
were placed on other property owners within this project. In
addition, it is felt that restoration can be accomplished in an.
acceptable manner without incurring the unnecessary additional
expense of a retaining wall.
As you are aware, the City has worked very closely with you at
additional expense to relocate the unauthorized trees within public
right-of-way to a location of your choosing. Therefore, we cannot
justify the additional expenditures of public funds to install a
retaining wall that does not appear to be necessary and is not in
conformance with our construction standards for this type of
facility.
I hope you can understand our position and hope that you will give
us an opportunity to provide the restoration in an acceptable
manner.
Sin rely yours,.
T omas A. Co bert, P.E.
Director of Public Works
cc: Craig Larson, Bonestroo, Project Inspector
Mike Foertsch, Assistant City Engineer
TAC/jf
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Equal Opportunity/Affirmative Action Employer
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PUBLIC WORKS COMMITTEE MTG
TUESDAY JANUARY 10, 2006
Location: 1705 Walnut Lane
MINUTES
If no comments received by 1-18-06, minutes will be considered approved as is.
The Public Works Committee of the City Council consisting of Councilmembers Cyndee
Fields and Mike Maguire convened the meeting at 12:15 pm at the residence of Mr.
Henry Jandewerth (1705 Walnut Lane). Also in attendance were City Administrator Tom
Hedges, Public Works Director Tom Colbert, Public Works Superintendent Tom Struve,
City Forester Gregg Hove and Henry Jandewerth.
Councilmembers Fields and Maguire called the meeting to order and adopted the agenda
as presented.
I. CITY TREE TRIMMING
Group reviewed the current location and condition of the trees in question. Right of way
stakes had been placed to show the location of the right of way in relation to the
transplanted trees. In response to Councilmember Maguire's inquiry regarding the history
of the trees, Mr. Jandewerth stated that the 16 trees originally planted by him and his wife
circa 1976 were in a straight row within the city right of way. Then, due to the proposed
sidewalk, the City transplanted them into 2 staggered rows straddling the property line;
the front row approx. 4' into the right of way and the back row approx. 2' into his
property. Mr. Jandewerth stated that, had he know that this required trimming would have
occurred in the future, he would not have approved those locations in 1989.
There was general discussion regarding the various types of plantings that could be
planted in Mr. Jandewerth's yard to screen some of the open space resulting from the tree
trimming. Councilmember Fields suggested some type of Prairie grass and/or Yews.
Forester Hove was requested to suggest a planting concept to be considered by Mr. &
Mrs. Jandewerth and related cost estimate to be considered by the P.W. Crate. The P.W.
Crate agreed that the planting plan should focus on the 4-5 areas/gaps between the 2
existing right of way stakes. If any plantings are to be installed, both Councilmembers
stated that an equivalent compensation should be provided rather than the City
performing the work. Director Colbert offered to collect and forward the planting
information to Mr./Mrs. Jandewerth for review and comment and then bring it back to the
P.W. Crate for further consideration.
The meeting adjourned at 12:40 pm.
Notes prepared by Tom Colbert.