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.