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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, City Council Minutes 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. City Council Minutes 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. City Council Minutes 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. City Council Minutes 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 City Council Minutes 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 City Council Minutes 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. City Council Minutes 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