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12/12/2005 - City Council Public Works CommitteeAGENDA PUBLIC WORKS COMMITTEE MEETING DECEMBER 12, 2005 4:30 P.M. EAGAN CITY HALL ENGINEERING CONF. ROOMS I A&B (First Floor) I. AGENDA ADOPTION II. REVIEW STORM TREE DEBRIS CLEANUP POLICY — ROD SMITH III. REVIEW DENIAL OF CLAIM RE: TREE TRIMMING — HENRY JANDEWERTH III. OTHER BUSINESS IV. ADJOURNMENT A PUBLIC WORKS COMMITTEE DECEMBER 12, 2005 II. STORM DEBRIS CLEANUP POLICY ISSUE: Mr. Rod Smith (4280 Sequoia Dr.) addressed the City Council during the Sept. 20, 2005 listening session and expressed a concern about the City not providing clean up services for storm related tree debris from the private property of his neighbor after the Sept. 12 micro -burst wind storm. The City Council directed the Public Works Committee to review this issue and the City's policy for such situations with Mr. Smith at a future Public Works Committee meeting. CURRENT CITY POLICY: The City does not have a defined written policy regarding this issue. Past practice from 3 previous situations in the past 25+ years have constituted the City's unwritten policy that pick up and removal of private property stone related tree debris is provided only after the City Council has declared a city wide emergency and a specific schedule, duration and communication plan has been adopted. The criteria for declaring a city-wide emergency is left to the discretion of the Council. The City's Emergency Preparedness Plan has the following statement regarding the activation of the EOC which is usually related to a major storm event: IV. CRITERIA FOR EMERGENCY OPERATING CENTER ACTIVATION The degree of the Eagan EOC's activation will be determined by the magnitude and/or severity of the emergency. Incident Command System (ICS) will be established to direct the initial response by city forces to the event. However, if organizational control of the incident escalates beyond the capacity of field command, the EOC will be activated to provide overall coordination of the incident. This will generally become necessary when the incident covers a large geographic area, or when multiple locations and/or multiple responding agencies are involved. CKGROUND INFORMATION: A survey of other communities was compiled regarding their policies/practices. While many communities responded, only those who stated what their policy was has been incorporated into the summary provided on the attached spread sheet. ATTACHEMENTS: A copy of the Tree Debris Policy Survey is enclosed for additional information. COMMITTEE RECOMMENDATION` SJ. I_ F m M � � N N m � N N � I e T N I T N m X m -,2 X X a =- rl a I o II U n I m m m -t-5 m m U U m.; X da X aoc?m x' X cm n o ��o o c O 10 0 E X X ` ml X'.X m c X. X 0 10 3 v UY U c o r (QQ� EjX x T N E X X. ! a y a X X wJ LL Il o U a //� �// I N C C W C C m 7 m X X d E I a U R V D D U C Z t X X L Xa'. t m ~O X X'. X 0 Q U U m m U 0 W J I m m U , X X X U. a ;r X X m W N N m m W/ N > W W U B m 0 x m x o 2' X X, z p 0 i . N w W s omm U�E0 owz W Z = XI c7 U O m v = X > A Ol'C X X j v u E o cn N ! X, m G X is m m X- x � I m m Y C w X I x X 6. y I ao c ! X X ¢ E o CI E x C m E E X X! o m o c m m M o m 9 C C O U m 5.2. x ���v X X W W U v E O w TcnE o oa w a ° o l m 3 n nn m m E `0 10 o n > n8 c a E co o� nd•- 00 o. Ip U _ a o a o. .a c v n` � n T > 13. o �.. N m nNny N nu U 0_: ry@ N N E a C �' E' `o U w o. 4 c° a`� ° m o z o_ m 8 cm a �. n a ❑o y a o ml zwlo w o _— _ ed61 aonoeJd/Aoljod ad61 aop3eld/RoiIod _ PUBLIC WORKS COMMITTEE DECEMBER 12, 2005 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. BACKGROUND: On Nov. 23, 2004 and March 15, 2005, City crews trimmed the trees in question, which were encroaching onto a public sidewalk along the west side Johnny Cake Ridge Rd. adjacent to 1705 Walnut Lane. This work activity was part of a city-wide boulevard tree trimming program to provide safety clearance along public trails and sidewalks. In response to Mr. Jandewerth's claim (letter dated 3/25/05), the League of Minnesota Cities hlsurance Trust (LMCIT) investigated the matter, reviewed city records, met with Mr. Jandewerth and subsequently denied his claim (letters dated 7/7/05 & 8/1/05) stating that the city has the right and responsibility to maintain public rights of way, including the trimming of trees that pose a hazard to the traveling public. As part of their investigation, they cited past legal rulings (Foote v. City of Canby — 1981, and Neighborhood Preservation Ass'n v. Detroit Lakes — Appellate Court 1984) that states ".....even if the abutting property owner had some property interest in the trees,....the City is not liable to the owner for any damages." ATTACHEMENTS: Mr. Jandewerth submitted photos and copies of correspondence supporitng his request at the Listening session. These have been included with a chronological history (most recent to past) of other related communications regarding this matter. COMMITTEE RECOMMENDATION(S): L3 League of Minnesota ci6'es Gse"s r„trny es�elle�� August 1, 2005 Henry Jandewerth 1705 Walnut Lane Eagan, MN 55122 RE: LMCIT FILE NO.: TRUST MEMBER: D/0CI URR-.r,P%CE: D/CLAIM TO CITY Dear Mr. Jandewerth: League of Minnesota Cities Claims Department 145 University Avenue West, St. Paul, MN 55103-2044 (651) 281-1200 - (800) 925-1122 Fax: (651) 281-1297 • TDD', (651) 281-1290 www.imnc.org 11052424 City of Eagan 34105 (arbitrary j 6/1/05 This letter was drafted after your conversation with Mr. John Rinde and contains the additional information you requested in writing. The city moved the trees back when the sidewalk was being installed. The trees were young enough to transplant, and were not entirely removed from the easement, but instead moved further back in the easement and not on your property. Sincerely, Matt Hanley Claims Adjuster AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER LMC .League of Mine ata Gtieg Gtiti promoting excAnce July 7, 2005 Henry Jandewerth 1705 Walnut Lane Eagan, MN 55122 RE: LMCIT FILE NO.: TRUST MEMBER: 1-%,1OCCURRI E `dCE: D/CLAIM TO CITY: Dear Mr. Jandewerth: League of Minnesota Cities Claims Department 145 University Avenue West, St. Paul, MN 55103-2044 (651) 281-1200 • (800) 925-1122 Fax: (651) 281-1297 • TDD: (651) 281-1290 www. i m nc. org 11052424 City of Eagan .7/1/05 kai';7;E; a; YJ 6/1/05 The League of Minnesota Cities Insurance Trust provides coverage to our trust member, the City of Eagan. I have finished my investigation into the above -referenced matter and feel that the City of Eagan is not negligent for this claim and that you are not entitled to any damages as a result of the city trimming these trees. We know that these trees, which were trimmed, exist in the city's right-of-way. The city trimmed these trees because they had been growing into the area of a nearby sidewalk and presented a danger to those who used that walkway. The city has every right to remove or trim these trees if they are located in the right-of-way and present some sort of legitimate obstacle for pedestrians, electrical wires, street projects, traffic, snow plowing, visibility of street signs; etc. Since the city had notice of the existing condition they needed to trim the trees to prevent injury to those who use the sidewalk. This also removed liability from you, the homeowner. since liability can often be shared between the city and the homeowner: I do not feel that you are entitled to any treble damages, as this was not willfully malicious. The City of Eagan right-of- way ordinances state th-- trees 1.v;fl be trimrn-d or removed if them a-- 'n l t:^ : of il,ese ordinances. We regret that we could not provide you with a more favorable resolution to your claim and feel free to call me with any questions you may have. Sincerely, Matt Hanley Claims Adjuster AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER, ro: Tom Hedges CC: To Colbert Friday, March 25, 2005 pn 3/23/05 Tom Struve (Superintendent) had an appointment with us (my wife and me) at 14:45. We arrived at our house at 14:40 and saw a police car (Officer Paul Toome?) standing in front of it. My wife wondered whether Tom Struve would be in it. I decided to check and found out that Struve had requested an `escort' by the police. We were mystified about this until Struve showed up about 10 minutes later (he had `circled' first) parking in front of the police car (wrong side of the street). When I asked him about the `escort' he, in an agitated voice and manner, told ,ne that he requested it because of `threats' I had made to him. These statements were made in the presence of the police officer and my wife. I was incredulous and asked him what he based his accusations on. He said the letter I sent and our telephone conversation. He did not have the letter with him so he could not show me where the `threats' were. At any rate he had with him an elaborate large map that he was bent on showing to us which was supposed to justify the damage that his department had done to our property. He showed no interest in listening to us and our concerns. He repeatedly though said that he was sorry but that was in essence the extent of our conversation. When I suggested that, to mitigate the harm and damage done, he asked me to put it in writing so that he could reply to it in writing. I pointed out to hien in my previous letter that I had done just that (the last paragraph). His response showed that he either had not read the letter or that he had not deemed it worth his time to respond to it. Either way our experience with Struve could lead us to believe that city employees have an utter disregard and contempt for the people that pay their salary. We are however fortunate to have lived here long enough to know that vases like Struve are an exception, since our experience with the city's employee's in the past has many times lead me Lo praise the staff for their dedication and integrity. It does appear though that the elements, as exemplified by Struve, are becoming more prevalent (possibly neve hires?). Tom Colbert gave us a call on 3/24/05 to discuss the situation. We went to great length. to present our dilemma. Unfortunately both my wife and myself were left with the impression that no matter what `the past is the past' and `we are not responsible what previous city employees did'. I sincerely hope that we got the wrong impression. I quote in the `ThisWeek' issue of 3/19/05 Mayor Pat Geagan "this is about accountability; it's about good faith'. Although he was not talking about our specific problem I expect his sentiments and values will hold true across the board. Let me flash back for a moment. Having Struve show up under those circumstances introduces elements into our life which reflect negatively on she image he has been able to present to the neighbors. His lack of judgment has caused us unwarranted pain and -Imbarrassment. Tom Colbert tried to apologize for Struve's shortcomings, but as we indicated to him Struve is Supposed to be a responsible adult and therefore responsible for his actions (accountability). Finally, as I was asked to do by Tom Colbert, here is our suggestion to resolve and mitigate a sad occurrence. The City replace all the trees (16) minimum 6' and plant them parallel (and NOT in ROW) to where we originally planted our trees many years ago. 'We are looking forward to an amiable concurrence. Henry B. Jandewerth V1rs. Herty Jandewerth 3r•ia �, dr: ity of aIl Pat Geagan j I MAYOR I March 23, 2005 Peggy Carlson Cyndee Fields M•• Henry Jandewerth Mike Maguire 1705 Walnut Lane Meg Tilley Eagan, MN 55122-2435 COUNCIL MEMBERS Re: Trimming of Trees located on City ROW Thomas Hedges CITY ADMINISTRATOR Dear Mr and Mrs. Jandewerth, You asked that I send you a letter reviewing our conversation at your home yesterday. I discussed with you and your wife that the boulevard tree trimming that occurred abutting your property is part of a community wide comprehensive work program for this winter season. Our maintenance forces worked together with the City Forestry MUNICIPAL CENTER Department to trim those boulevard trees properly. Crews are spending virtually all of our 3830 Pilot Knob Road non -snow and ice control work time on this project throughout the entire community Eagan, MN 55122-1810 during the winter season, 651.675.5000 phone 651.675.5012 fax You requested that the City plant a row of new landscape trees alongside of the trees that 651.454.8535 TDD were encroaching on the City trail and were subsequently trimmed. I told you that the City can not do anything like that. I suggested to you and your wife that if you choose to install a privacy fence, you should contact the City before installing and that I would make sure that we assist you in locating the accurate property boundary. MAINTENANCE FACILITY 3501 Coachman Point Sincerely!; Eagan, MN 55122 L' F 651.675.5300 phone , =� 651.675.5360 fax Tom S dt'e 651.454.8535 TDD I Supt. Streets, Equipment & Central Services c: Tom Hedges, City Administrator www.cityofeagan.com Tom Colbert, Public Works Director Kurt Schlegel, Street Maintenance Supervisor Mary Granley, Protective Inspections THE LONE OAK TREE The symbol of strength and growth in our community. Saturday, December 04, 2004 Mr. Tom Struwe; We are in receipt of your letter dated 12/02/04. The content of your letter goes into great detail as to the need for trimming of our trees. I quote your `RE: Trimming of Trees located on ROW'. As I tried to tell you at our telephone conversation, the trees (OUR property) were placed there by employees of the City of Eagan as the result of a compromise agreed to —reluctantly by us- at the time the City of Eagan had decided to put in a sidewalk. It needs to be pointed out that at the time of the purchase of our property we were assured (repeatedly) that the 'boulevard portion would never have a sidewalk. Shortly afterwards we planted the trees (16 evergreens) the entire length of the Johnn-v Cake side. We had 'asked the city for the parameters as to the placement of them and then proceeded to plant them accordingly. We then asked the City again at the time they moved the trees that they simply move them over parallel to the then existing orientation, in other words closer to the house. Our intention had always been that the trees were to be the barrier. between Johnny Cake and the house. Since then the noise and air pollution due to the traffic has progressively gotten worse over the years. Our privacy has been compromised and will be even more so after the completion of your ill advised intent. In addition to the deleterious effect so far mentioned, the property has suffered loss in value as a result of the things mentioned. To put things in perspective, Our initial reliance on the statements made by the City caused us to believe that a Sidewalk would NEVER be put in. Next we then relied on the statements made by the City at the time of planting the 16 evergreens. Next, when we were confronted with having the trees moved we relied on the expertise of the City that THEY would be knowledgeable as to the placement of the trees with respect to the distance from the street and whatever other criteria there was. Next we also relied on the City that they would place the trees so that they PHYSICALLY would be able to grow in an optimally HEALTHY environment. I should mention, we spared no effort and money to provide nutrients, water and protective disease protection. All of this proved to be in vain, since the City did not exercise its duty to prevent future harm. I should point out at this juncture that the subject of placing the sidewalk at the time revealed that a similar side walk was never put in, because the then councilman Ted Wachter was opposed to having HIS property adjacent to it. Even at this point in time THERE STILL IS NO SIDEWALK. I have taken great care to document the facts including taking pictures of the before and after of sights. I will make all this available to the appropriate authorities. In order to avoid unpleasantness we suggest the City will correct MANY wrongs and establish the tree barrier where it should have been installed at the time that the City's employees did not follow the City's rules and regulations. Henry B. Jandewerth Mrs. Herty Jandewerth Gli% Wil %% � �, . C' �., �� i � �%(d!�/ CJ" � ' lf� � � l' `'u'•C.�'' � �C% PAT GEAGAN Mayor PEGGY CARLSON CYNDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES City Administrator Municipal Center: g'�"Jo 'V"�d City of at1gan 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.675.5000 Fax: 651.675.5012 TDD: 651.454.8535 Maintenance Facility: 3501 Coachman Point Eagan, MN 55122 Phone: 651.675.5300 Fax: 65 1.675.5360 TDD: 651.454.8535 www.cityofeagan.com THE LONE OAKTREE The symbol of strength and growth in our community December 2, 2004 Mr. Henry Jandewerth 1705 Walnut Lane Eagan, MN 55122-2435 Re: Trimming of Trees located on City ROW Dear Mr. Jandewerth You asked that I send you a letter reviewing our phone conversation. yesterday morning. I called to let you know that we will have our maintenance employees trimming trees and encroaching shrubs/landscaping etc. along all trails in our City during the next several weeks. We will be coming by your address to trim the encroaching evergreen trees located in City Right of Way abutting the trail adjacent to Johnny Cake Ridge Rd. Additionally, the large corner evergreen tree closest to Walnut Lane will be trimmed to eliminate sightline visibility problems for motorists. (These trees are located approximately 40 feet from the center line of Johnny Cake; City Right of Way at this location extends approx. 50 feet from center line) I also shared with you, Henry, that this trimming is part of a community wide comprehensive work program for this winter season. Our maintenance forces working together with the City Forestry Department will be spending virtually all of our non - snow and ice control work time on this project throughout the entire community. I want to thank you in advance for you patience and understanding as we take care of these maintenance needs. We will take every precaution toonsi er the long term health of the trees and future safety of our traveling public. /Z ZS �-,"Vr DZ l �� Sinc rely,,- s� f T in Struve Supt. Streets & E ui not p cl p II c: Kurt Schlegel, Street Maintenance Supervis r Tom Colbert, Public Works Directmw) 1 s41 Russ Matthys, City Engineer q v r trLh � Gregg Hove, City Forester �' Mary Granley, Protectives ections G:rBILETfERS(Traffic/Kaitlinl-15-04 Q,j oq-vl v = 1� ,( E7 l f�fiip j(ll,�.'c` (P BCW 2� Message Tom Struve From: Tom Colbert Sent: Tuesday, November 23, 2004 5:58 PM To: Kurt Schlegel Cc: Gregg Hove; Mary Granley; Jon Hohenstein; Mike Ridley; Tom Struve Subject: RE: Heads up - Henry Jandewirth (1705 Walnut Ln) Page 1 of 2 Thanks for the heads up. I was just driving by this section of sidewalk last Friday and was wondering about the schedule of trimming these trees. They definitely needed it. I am also aware of Mr. Jandewirth having had to deal with him when the trail was originally installed. I am fully prepared to support this maintenance activity. It sounds like everyone has handled it very professionally. Thanks to all for your sensitivity and responsiveness. Tom -----Original Message ----- From: Kurt Schlegel Sent: Tuesday, November 23, 2004 1:27 PM To: Tom Colbert Subject: FW: Heads up - Henry Jandewirth (1705 Walnut Ln) Tom, Henry has been in to see Bob Bauer already today and Gregg Hove called to explain Lorens actions. Kurt Schlegel City of Eagan Street Maintenance Supervisor From: Mary Granley Sent: Tuesday, November 23, 2004 12:42 PM To: Kurt Schlegel; Jon Hohenstein Cc: Mike Ridley; Gregg Hove Subject: Heads up - Henry Jandewirth (1705 Walnut Ln) Just a heads up to let you know Henry was just in. He complained to me that someone from the city just cut his evergreen branches without his permission. He has digital photos of the area in question. He said someone from the city came to his door, but he didn't answer. He then heard equipment noises, went outside, and a city employee by the name of Loren was cutting the tree parts overhanging the walking trail. Henry told him to stop and questioned what gave Loren the authority to do this. Loren gave him the maintenance facility phone number and Kurt's & Gregg Hove's names. 1 explained to Henry the city has the authority to trim overhanging branches, and I gave him a copy of the corresponding City Code 7.08. He showed me the photos and asked my opinion. I told him it looked like the branches needed to be trimmed away from the walking trail. He's convinced someone complained about him. He's looking for names. He said his property has been "defiled", he's lost his privacy, and now has an increase in street noise as well as a headache as a result of this. He asked for the city attorney's name and phone number. I gave him the Severson phone number, and requested he call Kurt first for information as to why the trimming occurred, as the city attorney will not know who initiated the request for trimming. 11/29/2004 o rri v m co 2 W "� BIT. Z cocoO ..t r � 1 �no "z m m C7 C7 / 0 e�T b D G7 N r o 0+ o 0� \ 0 A z �Y p5c. y Mll TZ --- d L� Z MLnr O r— - o m O p j/p ro x 0+ D C 11 ry 0-4cn r r 20 f r -;;u Walnut LanE. IIn: cz o m N r II mZo ���77,7 N 1 ' I II I z Ih II Amo _ vLn 42 r - C4 n 1z < o n ` o co co I l 1 C / O 1 1 41 N s C m m I z xmi �Nz c cn Z0 i Co O _ -1 U)= -c: zM Win: � D� gym: >O (nz' �r 00 0- _'lm c( DO = m 0 m C) A- a Ma4T ro ,f"yam f' ±•'B�Z�,�c�* � -y� s .446 3 �i .' �~ ►' r ti 1 r - PUBLIC WORKS COMMITTEE MTG �p MONDAY, DECEMBER 12, 2005 EAGAN CITY HALL Draft — MINUTES - Draft The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields and Mike Maguire convened the meeting at 4:35 pm in Conference Rooms 1 A/B. Also in attendance were Public Works Director Tom Colbert, Public Works Superintendent Tom Struve, Director of Administrative Services Gene Van Overbeke, Rod Smith (4280 Sequoia Dr.) and Mr. & Mrs. Henry Jandewerth (1705 Walnut Lane) II. STORM TREE DEBRIS CLEANUP POLICY Mr. Colbert introduced this item as referred to the Public Works committee from the City Council listening session of Sept. 20. In response to Mr. Smith's suggestion that the City revise its policy regarding response to storm debris cleanup, staff presented a survey summary of other communities' policies for reference and consideration by the Crate. Mr. Smith provided additional details of the Sept. 12 storm event and expressed appreciation for the response and communications he received from various city officials immediately following the storm, but also felt that the information received during his early calls to the City could have provided better clarification of the City's policy and decision making process. He also suggested that, in the future, maybe the City could provide a contact reference to the specific company that his neighbors eventually used due to its great service. Directors Colbert and Van OverBeke clarified the limitations placed on the city that preclude them from endorsing one private vendor over another, but stated that we could certainly provide a list of current City licensed tree contractors. Mr. Smith then stated that in relation to Hurricane Katrina, this issue is relatively insignificant and that, overall, he felt good about the presence of city officials immediately following the storm event, but would like to see better information on initial calls to City. He then stated that he was comfortable with the consideration and discussion to date and did not wish to pursue this issue any further. III. CITY TREE TRIMMING Director Colbert introduced this item as referred to the Public Works committee from the City Council listening session of Sept. 20. He provided' background information regarding the claim submitted by Mr. Jandewerth dated March 25, 2005 and the subsequent denial from the City's insurance company (League of Minnesota Cities Insurance Trust — LMCIT). 0..0% Ps 7 P.W. Cmte Mtg Dec. 12, 2005 Page 2 00 Ff \� A� I Mr. Jandewerth provided historical information regarding their original planting of the trees in the street right of way circa 1976-77, the resulting conflict with the City's sidewalk installation in 1989, and the subsequent relocation of those trees by the City to a location closer to his home, but still within the right of way. He restated his objection to the trimming activity that reduced the screening of these trees and his subsequent request to have the City replace them. Supt. Struve explained the need to trim these trees in question and the City's overall obligations of its tree trimming/removal program within the public right of way throughout the City. Mr. Jandewerth stated his position that, when the City initially moved the trees, they should have been relocated onto his property where they would not have required their subsequent trimming. Councilmember Maguire inquired about the appropriateness of the City relocating trees within right of way that would require future trimming. Director Colbert stated that the trees were transplanted to a location selected by Mr. Jandewerth. Mr. Jandewerth disputed this and stated that he wanted the trees to be relocated onto his property. The disparities in recollections would require further research of the files. Councilmember Fields inquired as to what type of plantings would be needed to replace the lost screening. Director Colbert responded that this analysis has not been performed due to the denial of the claim. Mr. Jandewerth's claim requested 16 new (6') comparable trees on his property. Councilmember Maguire then suggested that this item be continued to a future date/time to be held at Mr. Jandewerth's residence to better review the claim. The specific meeting date and time would be not be established until after the holidays were over. The meeting adjourned at approx. 6:05 pm. Notes prepared by Tom Colbert.