HomeMy WebLinkAboutJune 9, 2003OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL
JUNE 9, 2003
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
June 9, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
Pastor Janice Bornhoft, First Lutheran Church gave the Invocation.
CALL TO ORDER/ROLL CALL
Mayor Wyckoff called the meeting to order at 7:00 p.m.
Present:
Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson,
Councilmember Kelzenberg
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Wyckoff added the June 2, 2003 Traffic Commission minutes to the consent agenda.
PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS
Presentations
1) Dale Schuetz, Humanitarian of the Year
Mayor Wyckoff introduced Mr. Dale Schuetz, and congratulated him on the honor of being
chosen as the Columbia Heights' 2003 Humanitarian of the Year. Wyckoff read a bio of Mr.
Schuetz ' s community service activities. Wyckoff /isted the gifts' given to Mr. Schuetz and
presented him with a p/aque honoring his service. Mr. Schuetz thanked the City Council and
indicated his pleasure to receive this award. Fehst indicated that many friends attended the
reception for Mr. Schuetz prior to the meeting.
2)
Values First 2003 Community Recognition Awards
Barb Warren, Values First Coordinator, presented the 2003 Values First Initiative Business
Recognition award to the Heights' Theater owners Dave Ho/mgren and Tom Letness. Warren
listed the contributions of these gentlemen to our community and exemplification of the seven
community core values. Mr. Letness received the award and thanked everyone.
Warrant presented the 2003 Values First Initiative individual recognition to Mr. Vernon Moore.
Warren read a bio of Mr. Moore and listed his contributions. Mr. Moore served for 23 years on
the Columbia Heights' Civil Service Commission. Warren read the plaque presented to Mr.
Moore. Mr. Moore thanked everyone and stated it is a privilege to live in this community.
Warren stated the group award was given to the High School Key Club at the last School
District meeting.
Williams asked what the core values are for dune, duly and August. Warren stated there is a gap
during those months.
Minneapolis Water Works (MWW) presentation on the new Membrane Filtration Plant by Kevin
Hansen, Public Works' Director, indicated that we purchase our water from the City of
Minneapolis and they are about to begin construction on their new Membrane Filtration Plant in
Columbia Heights'. Hansen introduced Adam Kramer, Director of the MWW and Dale Folen,
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June 9, 2003
Page 2 of 12
Project Engineer City of Minneapofis, and Chad Hill, Project Manager of Black and Beech
Consulting Engineers.
Adam Kramer presented the agenda and over for the new membrane filtration water plant. He
stated that this would be the largest filtration plant of this type in North America. The new
facifity will be located at the existing Reservoir site. Kramer stated that there are no chemical;
used in this type of filtration and therefore, there would be no bi-products. This facifity was
designed to be neighborhood friendly. Kramer thanked staff and Council for their questions and
help to move forward in this project.
Chad Hill showed pictures of one of the 36 membrane unit; and of the proposed facifity. Bids
were opened on May 22, with the apparent low bidder being Adolfson and Peterson
Construction. Construction is expected to begin in early to mid-duly, when a power fine will be
relocated silt fencing and erosion control will be installed the site cleared and excavation
begun. There will be on site inspectors. Debris and trash will be removed from the site. There
will be no work between 6:00p. m. to 7:00 a.m., weekends, or hofidays without permission. The
project should be substantially completed by March 1, 2005 and final completion by May 2,
2005.
Wyckoff asked if this is the second such plant in the world. Kramer stated there are smaller
facilities, but this will be largest in north America. Wyckoff asked what would become of the old
building. Kramer stated the final decision has not been determined. Hill stated the main entrance
wouM be moved l OO feet to the west.
Williams asked for a description of how clean the water wouM be. Kramer described how the
filtration system works, and stated there wouM be 99. 999 percent removal of viruses,
cryptosporidium, and anthrax because the pore size is so small. Williams referred to the security
system. Kramer stated that the road is being moved for safety, the parking lot wouM be set
further back, with concrete decorative wall; to keep anyone from driving too close to the
building, security for the facility during tours, and a demonstration testing membrane to limit
access to the equipment.
Nawrocki asked to see a site plan, which Hill produced. Nawrocki questioned by-product
remains. Kramer explained the backwash system and stated that the minimal final remnant;
wouM be piped to the Fridley site through an existing line. Nawrocki asked if this is pretreatment
of the water or a final treatment. Kramer stated this is the final treatment of the water and
replaces the sand filters. Nawrocki commended them for making the facility neighborhood
friendly. He questioned the work along Stinson and landscaping of the steep slopes. Kramer
stated the landscaping is not yet complete and that the fence will be replaced. Kramer stated
there wouM be trees and shrubs on that slope.
Wyckoff asked if this wouM supply more water. Kramer stated there wouM be an output of
70, 000, 000 gallons a day. This water can be sent down Central Avenue, or pumped up to the
Hilltop reservoir, or pumped to the Camden pump.
CONSENT AGENDA
Walt Fehst, City Manager, took Council members through the consent agenda items.
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June 9, 2003
Page 3 of 12
1)
Approve City Council Meeting Minutes for May 27, 2003
Motion to approve the minutes of the May 27, 2003 regular City Council meeting as
presented.
2)
Accept Boards and Commissions Meeting Minutes
Motion to accept the June 3, 2003 minutes of the Planning and Zoning Commission.
Motion to accept the June 3, 2003 minutes of the Library Board of Trustees.
Motion to accept the June 2, 2003 minutes of the Traffic Commission.
3)
Establish a Work Session Meeting Date for Monday, June 23, 2003
Motion to establish a Work Session meeting date for Monday, June 23, 2003, beginning at
7:00 p.m. in Conference Room 1.
Fehst listed items scheduled for the work session:
Bids for refurbishment of Engine #4 and Rescue #1
Guidelines for 2004 budget preparation
Credit card payments for City services
City Council By-Laws and Rules of Decorum
Nawrocki questioned the suggested meeting date of June 16 and indicated that June 23
would be more suitable. Councilmembers agreed to meet on that date. 14Zyckoff indicated the
meeting would be set for the 23rd of June.
4)
Establish a Hearing Date of June 30, 2003 for revocation or suspension of rental property
license at 3823 Polk St, 4610-4612 Fillmore St, 5131 University Avenue and 5141
University Avenue.
Motion to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Robert
Zschokke at 3823 Polk Street N.E.
Motion to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Mohsen
Dessouki at 4610-4612 Fillmore Street N.E.
Motion to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Lynde
Investment Company at 5131 University Avenue N.E.
Motion to Establish a Hearing Date of June 30, 2003 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Lynde
Investment Company at 5141 University Avenue N.E.
5)
Approve Business License Applications
Motion to approve the items as listed on the business license agenda for June 9, 2003 as
presented.
Nawrocki questioned where the temporary fireworks merchant would locate. Pofice Chief
Tom Johnson stated it wouM be in the area of the transit hub and strip mall. Nawrocki
restated his prior request that restrictions shouM be established, for example the number of
firework; you can have at one location for safety. He wouM like this addressed before next
year.
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June 9, 2003
Page 4 of 12
6)
Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 103 640 through 103 793 in the amount of $2,933,553.18.
Wyckoff questioned why we have almost one million dollars more in bills this month than last
month. Fehst stated this was because oft he bond sale. Nawrocki questioned the $1,099 21~'t
Century Grant bill. Fehst stated this is a joint grant with the school district and is in lieu of
the Chase Grant for after school programs. Nawrocki questioned the Wilson Development
Services bill of $2, 344for the relocation of Kmart. Fehst stated that Dan Wilson does
relocation analysis, meets with property owners, and makes sure that any relocations meet
with State standards. Nawrocki asked whom this would affect. Fehst stated possibly
businesses such as Savers, El Bustan, Welle Auto, Arby 's, and BW3. Nawrocki asked if this is
in addition to the planning costs. Fehst stated yes. Nawrocki felt this was getting ahead of
ourselves. Fehst stated that these businesses are entitled to know their rights. Nawrocki
stated at this point the only discussion item was the Kmart property.
Motion by Williams, second by Nawrocki, to approve the Consent Agenda. Upon vote: All ayes.
Motion carried.
PUBLIC HEARINGS
Public Hearing called for Revocation/Suspension of Rental Housing License at 4410 Central Avenue
Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution No. 2003-27, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Fire Chief Charles Thompson indicated the reason for request of revocation as failure to ficense the
property and failure to establish an inspection appointment. Individuals at the property have been
contacted and list different owners, but Anoka County records indicated the property owner is Sandy
Rush. On the advise of the City Attorney notices have been sent to the legal owner. The intent is to
post the building and see if the owner contacts the department. There are also numerous housing
maintenance violations, which need to be addressed.
Motion Williams, second by Kelzenberg, to adopt Resolution No. 2003-27, being a Resolution of
the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code
section 5A.408(1) of the Rental License held by Sandy Rush regarding property at Regarding Rental
Property at 4410 Central Avenue NE. Upon vote: All ayes. Motion carried.
RESOLUTION 2003-27
RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION
PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD
BY SANDY RUSH (HEREINAFTER "LICENSE HOLDER").
WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4410 CENTRAL
AVENUE, COLUMBIA HEIGHTS, MINNESOTA,
AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING
FORTH THE CAUSES AND REASONS FOR THE PROPOSED ACTION CONTAINED HEREIN WAS GIVEN TO THE
LICENSE HOLDER ON 4/30/03 OF A PUBLIC HEARING TO BE HELD ON 6/23/03.
NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF
THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE
FOLLOWING:
City Council Minutes
June 9, 2003
Page 5 of 12
FINDINGS OF FACT
1. That on or about August 20, 2002 a relicensing application was sent by regular mail to the owner of the property at the
address listed in Anoka County records.
2. That on April 15, 2003, Charlie Thompson, Housing Enforcement Officer for the City of Columbia Heights, sent notice
that the Fire Department had not received the rental license application and that the annual interior inspection had not
been scheduled. Notices were sent by regular mail to the owner of the property at the address listed in Anoka County
records.
3. That on April 28, 2003, Charlie Thompson, Housing Enforcement Officer for the City of Columbia Heights, sent notice
that the Fire Department had not received the rental license application and that the annual interior inspection had not
been scheduled. Notices were sent by regular mail to the owner of the property at the address listed in Anoka County
records.
4. That based upon said records of the Enforcement Officer, the following conditions and
violations of the City's Housing Maintenance Code were found to exist, to-wit:
A. FAILURE TO LICENSE RENTAL PROPERTY
B. SCHEDULE ARMC INSPECTION
5. That all parties, including the License Holder and any occupants or tenants, have been given the appropfiate notice of
this heafing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d).
CONCLUSIONS OF COUNCIL
1. That the building located at 4410 Central Avenue NE is in violation of the provisions of the Columbia Heights City
Code as set forth in the Compliance Order attached hereto;
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the revocation or suspension of the license held by License Holder.
3. That all applicable fights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case
may be, have expired, or such fights have been exercised and completed.
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number is
hereby revoked/suspended (cross out one);
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order
revoking the license as held by License Holder.
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) Adopt Resolution 2003-25, being a Resolution Adopting the Columbia Heights Industrial Park
Master Redevelopment Plan.
Randy Schumacher, Assistant Community Development Director, stated a letter was received
from the Department of Trade and Economic Development (DTED) indicating our application
for $50,000 was funded in full and was ranked ~ 1. Once the remediation plan is complete we will
be the first in line for clean up funds. Schumacher stated that the Council and EDA have
determined this to be their highest prior for redevelopment. Key elements to consider are land
use planning, market analysis and environmental review. The master plan focuses on identifying
land uses that can be supported in today's market place, establishing an improved land use
pattern that is financially feasible, identifying a redevelopment effort that involves immediate
implementation and substantial change over the next one to five years, and establishing a new
land use pattern that furthers community objectives.
Schumacher stated the importance to understand that this is a general plan to guide the
development of the project. Following this, numerous actions must begin. He stated that Mark
Koegler was present to answer questions. Schumacher stated this project would be in two
phases, and from one to five years; with phase one being 17. 6 acres. Several owners would tike
to move as soon as possible as this is good timing, economically. Wyckoff stated that Randy
Schumacher has done a wonderful job on this project. Schumacher stated that the present
assessed value is 5 million dollars and following development the value should be 10 times that
amount.
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June 9, 2003
Page 6 of 12
Nawrocki stated his disappointment that the biggest portion of the industrial area would change
to housing. He asked what housing would do in terms of school costs' and requested that an
evaluation of the impact be completed. Nawrocki stated he would have trouble supporting this
plan because of the need for jobs in the community. Schumacher indicated that United
Development personnel felt that the 8. 5 acre site had good potential for industrial development,
and that a combination of uses would be the best mix at this time. Nawrocki asked for the United
Development recommendation. Schumacher stated their comment was that there is potential for
industrial use adjacent to University Avenue, and that the southerly piece of property would be
more va&able for residential development because of the view of downtown Minneapolis and
Huset Park.
Williams indicated the need to keep an open mind, as this wouM expand our tax base and the
school costs' wouM take care of themselves. A portion of land is set aside for industrial use and
he hoped someone wouM be interested. He stated the tax base wouM increase between 12 and
16 times, or approximately $65 to $70 million in tax dollars'. Williams stated that now the
schools' get one-third of five million and wouM get the same relative increase. Fehst pointed out
the additional money that wouM be spent in our community.
Wyckoff stated these wouM be market rate homes. Indications are that there is a glut of
industrial space available in this area. Nawrocki asked if this is wouM be rental or owner
occupied housing. Schumacher stated they wouM be owner occupied for Phase One and Two,
and the only possible rental wouM be if the industrial portion couM not be developed as such.
There wouM be approximately 20 units per acre. Wyckoff stated that owners of the Honeywell
building are excited to consider housing. Wyckoff questioned a possible ground breaking date.
Schumacher stated that next year may be possible, but there are many environmental issues to
address. Fehst stated the redevelopment area is east of University Avenue and south of Huset
Park. Schumacher stated the original redevelopment site was larger, but to be realistic, is was
decided to do a smaller area for Phases One and Two, which wouM involve only eight property
owners.
John Rogers, 42 ~ Street, questioned if there would be a restaurant and a coffee shop at the
Kmart site and questioned what business was moving into the past Hardies site. Wyckoff
indicated the desire for a nice restaurant and coffee shop for this area and indicated that the
Hardies site wouM be a discount tire store. She stated that on Thursday, June 12, at 6.'30p. m.
there wouM be a community forum regarding the Kmart site at Murzyn Hall. Donna Schmidt,
Planning and Zoning Commission member, stated that the forum wouM be hem in the Council
Chambers.
Motion by Williams, second by Ericson, to waive the reading of Resolution 2003-25, there being
an ample amount of copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Ericson, to Adopt Resolution 2003-25, being a Resolution
Adopting the Columbia Heights Industrial Park Master Redevelopment Plan.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -
1 nay. Motion carried.
RESOLUTION NO. 2003-25
RESOLUTION ADOPTING THE CITY OF COLUMBIA HEIGHTS INDUSTRIAL PARK MASTER
REDEVELOPMENT PLAN.
WHEREAS, the City's 1999 Comprehensive Plan emphasized the need for developing a detailed Comprehensive strategy
for the Industrial Park area, and
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June 9, 2003
Page 7 of 12
WHEREAS, the Comprehensive Plan further articulates the goal that calls for promoting redevelopment efforts that
enhance the tax capacity of the area, and
WHEREAS, most buildings in the redevelopment plan have continued to deteriorate to a blighted level, others have high
vacancy rates, others have become both physically and economically obsolete, and
WHEREAS, the Master Plan is intended to be a catalyst for change in this area and its emphasis is focused on:
· Identifying land uses that can be supported in today's market place
· Establishing an improved land use pattern that is financially feasible
· Identifying a redevelopment effort that involves immediate implementation and substantial change over the next one to
five years
· Establishing a new land use pattern that furthers community objectives
WHEREAS, this plan addresses the primary question; what kinds of uses have the highest possibility of success and what
can be implemented given current market conditions.
NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council supports this general plan to guide
the redevelopment of the Industrial Area and authorizes staff to initiate the necessary steps of implementation.
7)
Adopt Emergency Ordinance No. 1457, being an Ordinance Repealing Emergency Ordinance
No. 1449, and imposing a moratorium on the use of property identified in the Industrial Park
Master Plan for the City of Columbia Heights.
Schumacher indicated that a Council imposed moratorium on improvements in the industrial
area is set to expire in July. Staff would like to continue the moratorium and not have any
changes take place in the area of redevelopment designated as Phase One and Two for a period
of twelve months, possibly to be extend for six months. If any development comes forward, the
moratorium issue would come back to Council. Schumacher stated that property owners
appreciate that they are not doing improvements when land use changes are possible.
Motion by Kelzenberg, second by Williams, to waive the reading of Emergency Ordinance
#1457, there being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to adopt Emergency Ordinance #1457, being an
Ordinance repealing Emergency Ordinance No. 1449, and imposing a moratorium on the use of
property identified in the Industrial Park Master Plan for the City of Columbia Heights. Upon
vote: All ayes. Motion carried.
EMERGENCY ORDINANCE NO. 1457
BEING AN EMERGENCY ORDINANCE REPEALING EMERGENCY ORDINANCE NO. 1449
The City of Columbia Heights does ordain:
Section 1: On July 8, 2002, the City of Columbia Heights adopted Ordinance 1449, which is an ordinance that was
created in an effort to protect the strategic planning process, health, safety, and the general welfare of the public, for the
City of Columbia Heights; and,
Section 2: The City Council determines it is necessary to extend the emergency moratorium in an effort to finish a
strategic master planning process to determine the highest and best use of industrial zoned properties and to develop an
implementation plan; and,
Section 3: In an effort to protect the strategic planning process, and the health, safety, and welfare of the public, the
Columbia Heights City Council hereby imposes a moratorium on the I-1 Light zoned properties within the area
recognized in the Industrial Park Master Plan for the City of Columbia Heights, and the area generally bounded by
University Avenue on the west, 40th Avenue on the north, Jefferson Street on the east, and 37~ Avenue on the south;
with the exception of the properties at 455 37th Avenue NE, 500 38th Avenue NE; 523 37th Avenue NE, 533 37th Avenue
NE, and 545 37th Avenue NE; Effective immediately and terminating on July 8, 2004, and recognizing said time
period may be shortened, or extended by up to 6 additional months upon adoption of an Emergency Ordinance by the
City Council; and,
Section 4: Activities affected by this moratorium include anything in the moratorium area addressed above requiring
action by the Planning and Zoning Commission, or requiring a building permit. This does not include building permits
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June 9, 2003
Page 8 of 12
for maintenance issues such as roofs and/or siding.
Section 5: This Ordinance shall be in full force and effect immediately.
8)
First Reading of Ordinance 1458, adopting Local Regulation Powers
Police Chief Tom Johnson stated the Traffic Commission discussed yellow painted curbs next to
the alleys. It was determined that our ordinance indicates without signage, yellow curbs were not
enforceable for no parking. Upon revision by the City Attorney, two changes were made to the
existing ordinance, which would allow officers to enforce no parking if necessary, but would take
into consideration winter conditions. He described an accident where cars were parked too close
to an alley. This condition is similar to the area by the library. Johnson stated that signs are
expensive and in this time of cutbacks, is a consideration.
Motion by Williams, second by Kelzenberg, to waive the reading of Ordinance 1458, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to set the second reading of the Ordinance 1458,
being an Ordinance adopting Local Regulation Powers, for June 30, 2003, at approximately 7:00
p.m. in the Council Chambers. Upon vote: All ayes. Motion carried.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst restated that the Columbia Heights application for clean up of the industrial area was ranked
number one and the award was for $50,000.
There will be a meeting of the Metropolitan Council in advance of the 2004 budget. They have
indicated their rate will raise 3.1 percent. 14Zyckoff questioned what amount of State support we
would lose. Fehst indicated the Governor's proposal would have been $ 700, 000 this year and
$1,440,000 next year. The loss is $400,000 less than anticipated and is not accumulative. Cities will
be allowed to raise sixty percent of that back through property taxes. Fehst described HA CA funds
in the past and stated that we will have to absorb at least forty percent of these cuts. Fehst indicated
that he has met with all department heads to discuss the worst case and best case scenarios.
Nawrocki stated this is only looking at this year and next year and that we need to consider budget
reductions beyond that point. Fehst stated there is a freeze on hiring and that currently five positions
have not been filled Budget considerations will come before the City Council at their work session
in two weeks.
Report of the City Attorney- none.
CITIZENS FORUM
Leonard Dearing, 43rd and Jefferson, questioned the request for a stop sign at 43~ and Madison.
Kelzenberg stated that the Traffic Commission denied the request. Dearing questioned if there is an
ordinance regarding loud cars and loud boom boxes. Fehst stated there was an ordinance amendment to
prohibit this, and stated that enforcement should be reviewed
Aurora Johnston, 3977 Polk Street, stated she felt this was her only avenue to vocalize dissatisfaction
with the Superintendent of our schools, and the affect on our children and our community. She asked
residents to attend School Board meetings and vocalize their concerns. Nawrocki asked if she had
spoken to the School Board Johnston stated she has talked to them and it has been misinterpreted
Carrie Herkal, 1161 Cheery Lane, asked that their neighborhood's request to look into the drainage
problems at Khyber Lane and Cheery Lane do not get forgotten. Fehst stated that surveyors wouM look
City Council Minutes
June 9, 2003
Page 9 of 12
at the site, as part of the Kmart project, to see if it can be resolved. Nawrocki asked that Ms. Herkal
receive a copy of the Public Works Director's memo on this issue. He asked if there are drainage
easements and if they have been altered. Fehst stated that any such easements would not belong to the
City. Nawrocki asked that the records be checked to determine easements and who would be responsible
for that. Fehst stated that our research of the records do not indicate an easement, and the City has not
filled in any ditches.
Request to remove tree from Ramsdell Park
Wyckoff stated that Helen Kersh from Mo/an Terrace had requested a tree in Ramsdell Park, which
was shading her garden, be trimmed. She indicated that Kersh came to the following Council
meeting because she had not received a response and a motion was passed to remove the tree.
14Zyckoff stated she then received a call from Tom Ramsdell, whose father the park was named after,
and his trauma over the issue and his fear that anyone could request the removal of the oak tree that
his family planted in his father's name. 14Zyckoff felt this would set an inappropriate precedent and
criticized the Council for making a motion under open forum.
Wyckoff asked the City Attorney for his legal opinion. Jim Hoefi, City Attorney, indicated a city
couM only expend public funds for a public purpose. The question is if the removal is a public
purpose. Whether this wouM benefit some residents or only one homeowner, he did not have an
answer. The Courts give councils great latitude in this area. Wyckoff read a letter from Reverend
Briley and his wife, disagreeing with the removal cfa healthy tree, and against using spray to
control dandelions in a park where children play. Wyckoff stated that she received another letter and
many phone calls this past week also disagreeing with the removal of the tree.
Tom Ramsdell, 4645 Fillmore Street, stated he was very disappointed with the City Council decision
to remove this tree. He requested that the City try trimming the tree before removing it. Ramsdell
indicated this would establish a precedent. He was concerned that there are trees planted in this
park in memory of several people, and what would stop these trees from being cut down. He did not
feel it was right to cut down a healthy tree to benefit one person.
Marlaine Szurek, 4202 42 ~ Avenue, stated that during her term on the City Council there were no
motions acted upon during Open Forum. She stated this was a bad policy and set a precedent. 14Zith
budget cuts, funds shouM not be spent to remove a healthy tree. As a member of Rising to New
Heights, she stated their mission is to improve the image that people have of our city.
Howard Seim, 1425 Molan Terrace, stated he has been an American tree farmer for 65 years and
that this is not a healthy tree, with a short life span, that has not grown straight. He felt that
trimming would also kill the tree. Seim stated that several neighbors indicated they would purchase
two replacement trees. Wyckoff questioned the cost to remove the tree. Seim stated he would cut it
down if the City would remove the debris. Wyckoff stated that the City Forester has not indicated the
tree is damaged.
Helen Kersh, 1440 Molan Terrace, stated she did not agree with trimming the tree and wants it
removed. She showed pictures of the tree and the shade it gives her garden. Kersh stated that her
garden was planted in 1975 and the tree was planted in the 80 's.
Deb Johnson, 999 4F't Avenue, stated that if the tree were not on pubfic property Ms. Kersh would
not knock on her neighbor's door and insist the tree be removed. She stated she does not want her
tax dollars to pay for this removal.
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June 9, 2003
Page 10 of 12
Marvin Sowada, 4990 Johnson Street, indicated his expertise as a gardener and opinion that this
tree benefit; the garden by providing morning shade and reducing diseases common to tomatoes. He
did not feel public money should be spent for removal. He suggested the resident pay to move the
tree, or if it is cut down should pay for the removal and replacement. Sowada stated that if the City
has $300 to spend, he suggested it be used topurchase a fence to screen the wadingpool, which he
has requested since 1979, but was always told there were not funds available.
Wyckoff stated that Mr. Sowada ' s wife, Pat, has just retired following 38years of teaching at
Highland Elementary School.
Donna Schmidt, 4260 Tyler Street, stated this shouM have been referred to the Park Commission
prior to a motion being made. As Council members are unwilling to change their vote, it is
unnecessary to keep rehashing the issue. She stated the owner couM be charged for removal and
referred to Ordinance 1458 which requires property owners to pay for any signage they request.
Wyckoff stated that any motion to reconsider would have to come from the prevaifing side.
Nawrocki commented on Ms. Kersh's involvement in the community and the excellent maintenance
of their yard. He gave his history with the development of parks in Columbia Height; and that it is
not ideal to have parkland abut private property. He indicated there have been other motions made
under Open Forum. Nclwrocki stated he made the motion only after viewing the site three times and
seeing how close the tree was to the Kersh property line. He did not feel this set any type of
precedent. Nclwrocld indicated there were no comment; about the 23 trees to be removed for the
current street repair project. He felt the action taken was proper and stated he did not intend to
change his mind.
Ericson felt Council made a poor decision on this issue. She is aware that each Councilmember and
each resident feel strongly about their position; but as a Council, need to look forward and
reevaluate how these decisions are made and send a message that all request; will receive fair and
equal treatment. Decisions shouM not be made on the basis of ifa resident is a good resident.
Council shouM now consider Mr. Sowada ' s concern and follow through on it. Ericson appreciated
the neighbor's offer to replace the tree.
Wyckoff stated that she did not receive any call; on the 23 trees to be removed for road repair.
indicated that a resident notified Mr. Ramsdell of this. He is also a fine citizen, with numerous
volunteer hours, and with due respect he deserves reconsideration of the vote.
She
Williams stated he wouM not defend his decision. He did view the tree and was impressed with the
Kersh 's yard. Williams stated he would donate $1,000 to remove the tree and replant another tree to
turn this situation into a positive. Williams stated his desire that this encourage more citizens to get
involved in City business.
Wyckoff asked that the request for a fence by the wading pool be placed on a future agenda.
Kelzenberg indicated his difficulty with this decision and his concern for the community. He also
visited the site and spoke to the neighbors. He felt that trimming the tree on one side would not work.
Kelzenberg stated he would stick by his original decision to have the tree removed.
Wyckoff noted that the Seims and Kershs agree to plant two new trees and Williams wouM donate up
to $1,000 to remove the tree and purchase additional trees.
City Council Minutes
June 9, 2003
Page 11 of 12
Sowada issued a formal request for a fence by the Ramsdell Park wading pool be discussed at a
work session. Fehst stated he wouM determine a cost estimate and forward the request to the Park
and Recreation Commission. Nawrocki asked that the records' be researched to see if this has ever
been discussed before.
Wyckoff requested to be informed when the tree wouM be removed Fehst stated it wouM probably
be removed tomorrow, dune lOth.
Ramsdell spoke again, stating disagreement with cutting down the tree, and that the situation was
not handled properly.
COUNCIL CORNER
Williams
·
Wished to congratulate Councilmember Tami Ericson for her accomplishment of graduating
from the William Mitchell College of Law, and stated that she received the June 2003 Student
Award of Merit. Fehst stated that Ericson graduated summa cum laude. Ericson stated that this
fall she begins working for the MN Supreme Court.
· John Hunter has been appointed to the Anoka County Community Corrections Advisory Board,
and listed the activities that will be involved.
· Read from the Employee Insights newsletter and list employment anniversaries.
· Concerned with the need for Police Officers in our schools.
· Rainbow Foods will close for two days and reopen under new ownership.
· Pray for the peace, prosperity and health of our city.
· Make the tree removal a positive thing.
Kelzenberg
· Referred to the fundraising golf tournament sponsored by the 500 Club. Fehst stated this was a
fundraiser for youth in the Fire Department Cadet program.
Ericson
· Encouraged residents to become involved in our fun Library reading programs. Fehst indicated the
popularity of the events'.
Wyckoff
· Read the June Patrons of the Month information about the Szurek family and the Ashmore family
and congratulated them.
· Read a commendation received for Community Service Officer (CSO) Christine Okerstrom, for
helping two senior citizens.
Nawrocki
· Asked why the Channel 16 local cable system can not be updated so residents are not watching icons
on the weekends, and what is the repair completion date. Fehst stated this is a software and
programming problem and staff is working to resolve the problems.
· Referred to correspondence from a Jamboree Royalty parent regarding dissatisfaction with safety
issue on the float. Fehst has asked the royalty coordinator to respond to each item. This is not a City
program, and the City only helps. Fehst stated that we are comfortable with the operational reports'
of the program. Ericson stated that she realized this is not our program but concerns about the
safety of the float should be addressed Fehst has spoken to the City's Shop Foreman who has
checked the trailer for safety, but we are not responsible for the lighting. The letter will be
City Council Minutes
June 9, 2003
Page 12 of 12
responded to. Fehst stated that a new trailer has been purchased for the Jamboree parade and the
current trailer concerns would no longer be an issue.
· Attended a meeting of the Association of Metropolitan Municipalities, and was asked to serve on a
focus group for the League of Minnesota Cities.
· Information from the Legislature on LGA indicates we are losing over one million dollars.
Communities that are recipients are not happy, and this will be discussed in the next Legislative
session. Renew concerns about downsizing. This will not just go away in a year or two. Spoke on the
band-aid approach to using reserve funds and not meeting our fiduciary responsibility. Staff' s
suggestion of a $600,000 increase to taxpayers would cause a tax increase of 25 percent. Fehst stated
that the Finance Director indicates raising the lost amount back wouM be approximately 16percent.
Fehst indicated that State Economists may have strongly missed the mark and we are doing
substantially better than other states in the Midwest.
ADJOURNMENT
Mayor Wyckoff adjourned the meeting at 10:15 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary