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Home My WebLink About04/26/2005LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, APRIL 26, 2005 CITY HALL, 7:00 P.M. The City Council is meeting as a legislative body to conduct the business of the City according to ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 2. 3. CALL MEETING TO ORDER AT 7:00 P. M. ROLL: Councilmembers: Staff: McCloskey Christensen Gill -Gerbig Giannetti Mayor Dains Bownik APPROVAL OF THE AGENDA 4. APPROVAL A. Approval of minutes of 4/12/05 City Council Meeting B. Approval of claims totaling $ 31,099.46 l�j 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Any member of the public may speak at this time on any item NOT on the agenda. In consideration of the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued under Additional Items at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is greatly appreciated. City of Lauderdale Council Agenda April 26, 2005 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS 9. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings, all affected residents will be given an opportunity to speak pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. 10. REPORTS 11. DISCUSSION 12. ACTION A. Consideration of Removing Handicapped Parking Sign at 1840 Eustis Street 13. ITEMS REMOVED FROM THE CONSENT AGENDA 14. ADDITIONAL ITEMS 15. SET AGENDA FOR NEXT MEETING 16. WORK SESSION DISCUSSION A. Nature Area 17. ADJOURNMENT Lauderdale City Council Meeting Minutes April 12, 2005 Meeting called to order at 7:05 P.M. 2. ROLL Council present: Giannetti, Christensen, McCloskey, Gill -Gerbig and Mayor Dains Staff present: Acting Administrator Bownik APPROVAL OF THE AGENDA A. Approval of Agenda. Motion by Christensen, second by McCloskey to approve the agenda. Roll: Yes: all. Motion carried. A. Approval of Minutes. Motion by Giannetti, second by McCloskey to approve the minutes of the March 22, 2005 City Council meeting. Motion carried unanimously. B. Approval of Claims totaling $63,328.93. Motion by Christensen, second by McCloskey to approve the claims totaling $63,328.93. Motion carried unanimously. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE AGENDA 6. CONSENT A. Approval of minutes of 3/21/05 Special City Council Meeting. B. Approval of minutes of 3/22/05 Special City Council Meeting. C. Approval of minutes of 3/23/05 Special City Council Meeting. D. Approval of minutes of 3/30/05 Special City Council Meeting. Motion by Christensen, second by McCloskey to approve the consent agenda as amended. Motion carried unanimously. 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 8. INFORMATIONAL PRESENTATIONS 9. PUBLIC HEARINGS Lauderdale City Council Meeting Minutes, April 12, 2005 Page 2 10. REPORTS A. CERT (Certified Emergency Response Team) Training. Acting Administrator Bownik reported that the City of Falcon Heights is inviting Lauderdale residents to sign up for their CERT training. Falcon Heights has trained fifty people to respond in the case of natural or human -caused disasters. Training consists of several classes beginning May 5 and is open to anyone over the age of twelve. There is a $15 registration fee. To register, residents should call the City of Falcon Heights at 651-792-7600. 11. ACTION A. Consideration of Contract Approval for City Administrator. The City Council discussed aspects of the proposed contract language for the city administrator position. Aspects of the proposed contract were modified as a result of the discussion. Motion by Christensen, second by Gill -Gerbig to approve the contract for the city administrator position as modified. Motion carried unanimously. B. Set a Date for 2005 Lauderdale Spring Clean -Up. Motion by Giannetti, second by McCloskey to set April 25-29 as Spring Clean-up Week and May 2-6 as Inspection Week. Roll: Yes: all. Motion carried. 12. DISCUSSION 13. ITEMS REMOVED FROM THE CONSENT AGENDA 14. ADDITIONAL ITEMS 15. SET AGENDA FOR NEXT MEETING 1. Parking Enforcement. 2. Approval of the 0 Quarter 2004 Financial and Investment Report. 3. Ramsey County Commissioner Jan Weissner. 4. 2004 Financial Statements and Audit: Abdo, Eick and Meyer. 16. EXECUTIVE SESSION RELATING TO ATTORNEY/CLIENT PRIVILEGE TO DISCUSS PENDING LITIGATION AGAINST THE CITY OF LAUDERDALE The City Council went into executive session at 7:40 p.m. for the purpose of attorney- client privilege to discuss pending litigation against the City of Lauderdale regarding the Community Park property. The Council came back into open session at 8:23 p.m. Lauderdale City Council Meeting Minutes, April 12, 2005 Page 3 17. WORK SESSION DISCUSSION A. Nature Area. The City Council discussed issues regarding a resident that has been involved with the nature area and other public property. The City Council authorized up to $1000 for the cleanup of brush piles in the nature area and directed staff to send a letter to the resident as well as review the related Ordinances for possible revisions. B. Parking Enforcement. The City Council discussed the handicapped parking issue at 1840 Eustis Street and directed staff to ask the police department to monitor the situation. C. Park Issues. The City Council discussed the archery and tennis facilities at the park. The City Council directed staff to add signage and improve the backstop at for the archery as well as research costs for tennis courts. D. Expressions of Sympathy. The City Council reviewed a draft policy pertaining to sending cards, flowers, or plants to residents or others involved with the City. The City Council directed staff to modify the policy based on the discussion and represent the policy at a future meeting. 18. ADJOURNMENT Motion by Gill -Gerbig, second by Christensen, to adjourn at 9:47 P.M. Ayes: All. CITY OF LAUDERDALE Claims for Approval April 26, 2005 City Council Meeting Payroll 04/22/05 Payroll: Check # 7791-7794 $4,421.07 04/22/05 Payroll: EFT: Federal Withholding Taxes/FICA $1,933.61 04/22/05 Payroll: EFT: PERA $845.39 04/22/05 Payroll: EFT: ICMA Retirement Fund $1,845.38 Apr 05 Payroll: EFT: State Withholding Taxes $598.01 Vendor Claims 04/26/05 Claims: Check # 17439-17456 $21,456.00 Subtotal of Claims From Above $31,099.46 Total Claims for Approval $31,099.46 CITY OF LAUDERDALE Vendor Transactions 04/21/05 6:30 PM Page 1 CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name AFSCME 017439 4/26/05 042605claims 4/26/05 $80.90 4/05 union dues Search Name AFSCME $80.90 Search Name AMERIPRIDE 017440 4/26/05 042605claims 4/26/05 $101.06 kitchen towels Search Name AMERIPRIDE $101.06 Search Name APMP OF MN 017441 4/26/05 042605claims 4/26/05 $40.00 jb, kw membership dues Search Name APMP OF MN $40.00 Search Name AT & T 017442 4/26/05 042605claims 4/26/05 $0.30 4/05 long distance Search Name AT & T $0.30 Search Name BLUE CHIP TREE CO., INC. 017443 4/26/05 042605claims 4/26/05 $938.97 remove nature area brush 017443 4/26/05 042605claims 4/26/05 $61.03 remove nature area brush Search Name BLUE CHIP TREE CO., INC. $1,000.00 Search Name CINTAS 017444 4/26/05 042605claims 4/26/05 $53.26 4/14, 4/21 pw uniforms Search Name CINTAS $53.26 Search Name CITY OF FALCON HEIGHTS 017445 4/26/05 042605claims 4/26/05 $1,077.00 3/05 fire calls Search Name CITY OF FALCON HEIGHTS $1,077.00 Search Name CITY OF ROSEVILLE 017446 4/26/05 042605claims 4838 $164.08 4/05 technical services Search Name CITY OF ROSEVILLE $164.08 Search Name ESCHELON TELECOM, INC 017447 4/26/05 042605claims 4/26/05 $238.56 4/05 city hall phone Search Name ESCHELON TELECOM, INC $238.56 Search Name EUREKA RECYCLING 017448 4/26/05 042605claims 611 $1,516.14 4/05 recycling services Search Name EUREKA RECYCLING $1,516.14 Search Name GLENWOOD INGLEWOOD 017449 4/26/05 042605claims 4/26/05 $19.69 3/05 water delivery Search Name GLENWOOD INGLEWOOD $19.69 Search Name GOPHER STATE ONE -CALL 017450 4/26/05 042605claims 5030527 $17.55 3/05 utility locates Search Name GOPHER STATE ONE -CALL $17.55 CITY OF LAUDERDALE Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name LMC 017451 4/26/05 042605claims 4/26/05 $42.60 mn city officials directory Search Name LMC $42.60 Search Name MAIN STREET DESIGNS 017452 4/26/05 042605claims 9449 $91.46 flag Search Name MAIN STREET DESIGNS $91.46 Search Name MET -COUNCIL ENVIRONMENTAL SER. 017453 4/26/05 042605claims 794573 $8,262.57 5/05 wastewater services Search Name MET -COUNCIL ENVIRONMENTAL SER. $8,262.57 Search Name MIKE MC PHILLIPS 017454 4/26/05 042605claims 27502 $2,472.00 spring street sweeping Search Name MIKE MC PHILLIPS $2,472.00 Search Name RAMSEY COUNTY, PROP REC & REV 017455 4/26/05 042605claims 5491 $1,097.08 4/05 health insurance 017455 4/26/05 042605claims 5491 $4,177.89 feb, mar plowing/sanding Search Name RAMSEY COUNTY, PROP REC & REV $5,274.97 Search Name XCEL ENERGY 017456 4/26/05 042605claims 4/26/05 $180.50 3/05 city hall utilities 017456 4/26/05 042605claims 4/26/05 $60.17 3/05 city hall utilities 017456 4/26/05 042605claims 4/26/05 $106.46 3/05 city hall utilities 017456 4/26/05 042605claims 4/26/05 $35.49 3/05 city hall utilities 017456 4/26/05 042605claims 4/26/05 $82.97 3/05 garage utilities 017456 4/26/05 042605claims 4/26/05 $27.66 3/05 garage utilities 017456 4/26/05 042605claims 4/26/05 $13.69 3/05 garage utilities 017456 4/26/05 042605claims 4/26/05 $4.56 3/05 garage utilities 017456 4/26/05 042605claims 4/26/05 $52.97 3/05 park utilities 017456 4/26/05 042605claims 4/26/05 $9.42 3/05 park utilities 017456 4/26/05 042605claims 4/26/05 $429.97 3/05 street lighting utilities Search Name XCEL ENERGY $1,003.86 $21,456.00 FILTER: (( ([Period] in(4) and [Act Year] ='2005') and [Tran Nbr] in(20,21,22,23,25) and ([Vendor Nbr]>0) ) ) and ((([Batch Name]="042605claims"))) 04/21/05 6:30 PM Page 2 Lauderdale City Council Memorandum Council Meeting Date: April 26, 2005 To: Mayor and City Council From: Jim Bownik, Acting City Administrator Agenda Item: Consideration of Removing Handicapped Parking Sign at 1840 Eustis Street BACKGROUND: At the September 28, 2004 City Council Meeting, the City Council granted a request by Gregg Eckert for a handicapped parking sign in front of his residence at 1840 Eustis Street. Since Eustis Street is a county road, the County furnished and installed the signs. When a request was approved for the handicapped signs on a city street (Walnut Street) in the past, the property owner furnished and installed the signs. State Statutes do not require cities to grant these types of requests. However, the request was granted on the condition that the resident maintains proper approval and documentation for handicapped parking and as long as the handicapped parking space is used for the intended purpose and the vehicle is not parked elsewhere. Initially, the sign was located to the north of the sidewalk that leads from the street to the front door of Mr. Eckert's residence. The sign's location north of the sidewalk made it impossible to park a vehicle behind the sign without blocking the sidewalk. Thus, the sign was relocated to the south side of the sidewalk on Friday, March 18, 2005. The location south of the sidewalk provided the shortest distance for someone with a disability to access the sidewalk from the driver's side of the vehicle. A letter was then sent to Mr. Eckert informing him of the change and reminding him of the conditions on which his request was granted. Since the sign was relocated to the south side of the sidewalk, Mr. Eckert has been in continual noncompliance with the conditions of granting his request for the handicapped parking sign. Mr. Eckert is consistently parking to the north of the sidewalk, which is not in the area of the designated handicapped parking location. At the April 12 City Council Meeting, staff was directed to ask the St. Anthony Police Department to monitor and report on this issue. ENCLOSURES: 1. March 25, 2005 letter to Mr. Eckert. 2. Reports from the St. Anthony Police Department. COUNCIL ACTION REQUESTED: Consider motion to remove the handicapped parking sign at 1840 Eustis Street based on noncompliance with the conditions on which the request was granted. 74 &t# q Od"&%d4& 1891 Walnut Street • Lauderdale • Minnesota • 55113 Phone: 651.631.0300 9 Fax: 651.631.2066 March 25, 2005 Gregg Eckert 1840 Eustis Street Lauderdale, MN 55113 SENT VIA CERTIFIED MAIL Dear Mr. Eckert: The handicapped parking sign in front of your residence at 1840 Eustis Street was moved last Friday. Ramsey County relocated it to the south side of the sidewalk. It was brought to our attention that the sign's previous location made it impossible to park a vehicle behind the sign without blocking the sidewalk leading from the street to the front door of your residence. That could be a problem for someone with a disability such as yourself. Thus, the sign was relocated to the south side of the sidewalk for your benefit. The new location provides for the shortest distance for someone with a disability to access the sidewalk from the driver's side of a vehicle. I'm sure you will want to take advantage of the sign's new location by parking your entire vehicle behind the sign. If for some reason you choose not to park your entire vehicle behind the sign, the City Council may chose to have the sign removed as that was a condition of granting your request for the sign. Feel free to contact me at City Hall should you have any questions or concerns. Sincerely, Jim Bownik City of Lauderdale cc. Dan Soler (via U.S. mail) AYx.1U'ZVVD ur:vo blz lay vuvz 5•r ANThVNY PULIGE DEPT #0994 P.003/003 9T11�: Po. A11 1U:�,'e+ IpadItli6at ' -tJrii#onli Repiaii . 13Jux+erYile'3LDI,..12FH. late Rpd / f /-LLi-LL Time Rpd7L 00 roue A rr. 0700 rime or p7_Q5 CKF=r(s) M05bv UCS 5 IRD p T - Lhl Location of Incident: (S'10 E U 51 1 5 Date Mme it, r: tl<P? LkSn9pert Ck Witneas ❑ Other x ; KY ' Juvl Name uuoi?r(c .t rya (I DOB 1 -^1 _AKA Address H Ph Business / School Wk Ph 4 l Other Ph ( ) ❑ Rp � ❑ viCtitn: ❑ Suspect Name Addms ❑ RP �ict�n'� Suspect Name 0 witne" ❑_Arrest�rl � other DOB ! _/ _ AKA, LI Witness U other -- DOB _I_/_ AKA w Sex Juv. U H ph. (-� w hex Juv. ❑ Address H Ph— Business / School - ........ Wk Ph ( ) Other Ph ( ) Date / Time Arrest Location Booked U Yes ON( Charges) Citation # IM Value Narrative:e f I t ji t f i 7� (� a - IM U /j %/' `1 rtol d f CQ�Ai K i /� $ �3%ti4 (A4061 0 - Qi�rr's5 Wor)+ fo kno-t o'( f5 145-d u5Pd I -P cofCeC �� ,I�c . , r--T— c i gAort,acfr►'A—it's ld �rrrvs f/�uvfPn/ 07,70 g,d 1-1�00 r 5 r�a .Ila u rl� af.%d ��•<�"• � rrr,� f.1 fI: A� 1 Cllr � (1 �(l �t�Yi, r ff, t ��fff`, �'i� �•�:K ! ' /rr�;`f/ Y`h*.;( 7 1�"'r'� /"F �U"!i t j r � t AYx.ib'ZUUS ur:ut) 01L ray 90UL ST ANTHONY POLICE DEPT #6994 P.002/003 St. Anthony Police Department — Uniform Resort � � 3uvanila M LDL 0M OZ OffenwAncident: Parlung ® JCR ❑ Offme ❑Arrest ❑ Incident Date Rpd; 4116DW Time Rpd: 1515 Time Arr: IM Time Ch-: 1516 Officer(s): Spiess #137 Location Grid #: Loc40A of Incident; 1844 Eustis Street I 06-WA/UM I MW T -00w Datorriwo (Occurred: 04/16/2605 of 151.5 ®RP ]Victim Muspect ❑Witness ❑Amsted 00ther: I Race: Sm* Juv: ❑ Name; Lauderdale Ciq Hall DOB: AKA.: Address: H Ph-. Business/School: Wk Ph: Other Ph: EIRP OVictim (3Suspect ❑Witness (JArrested pother: Race: Sex: Juv: Name: DOB: AKA: Address: H Ph- Business/School: Wk Ph;: Other Ph: Q C" i t�1 ORP []tricorn. QSuspect []Witness (3Arrested []Other: I Race: Sent: Jur. () Name: DOB: AKA: AdJrm: H Ph: Businoss/School: Wk Ph: Other Ph: D ime Arrest: --- -- _ Location: _ . _ . Hooked: ❑Yes ONO Charge(s): Citation #: Loss: Value: Narrative: LDL City Hall wanted police to monitor the handicapped parking space directly in front of above address. I checked the area multiple times between 0630 and 1515 hours and never saw a vehicle parked in the space. Info forwarded to Captain Ohl, -I- AYK.1N'6UV� V�:�� b1L It3N NULA. eur 5T ANTHONY POLICE DEPT IC U ArrW �1 inC[[tCfn� dateRpdI / Time �' d �Orume Arz6 me diClz u Mer DOA ! ,J —AI(A UUUQ P.UU2/002 t H Ph (_�1 F�,ddress RP L ' ❑ Snop ect Wk Ph ( 13 Witoese [i t a; d Other Name DOA —! —/ —AKA A Address H Ph (� '��ii by /i�iV ■ 11 L.. 46 Name DOB —I.— AKA Address RPh( l3usWess / School Wk Ph Other Ph Date / Thne ,(arrest — Location Booked a Yes U N, Charge(s) Oitation # Value 7 _ it. Anthony Police Department - Uniform Report J ❑ Juvenile XDL ❑ FH (7 Wense/Incident: UCS Code HRD Code Z Pending T- rICR ❑ Offense ❑ Arrest ❑ Incident C - Exceptionally Cleared R - Radio U - Unfounded . A - Alarm J -CLRD/Arrest Jv. 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V - Visual „ter— R - Referred Other Agency M - Mail IfficeT S O/ UCS HRD S - Assit. / Advised T - Other G - GOA/UTL Supervisor T - Other [OC )c rL/ocation�-G-rid # Approved: ocation of Incident: / O 1 63Date / Time Occurred: `RP ❑ Vlctl L)Suspect Ll Witness Witness ❑Arrested; ❑ Other Re,: Sax ;Juv ame HAI L, DOB / / AKA .ddress H Ph ( ) usiness / School Wk Ph ( ) Other Ph ( ) RP -❑ Vichm ❑ Suspect ❑ Witness ❑ Aested ❑ Other (Race' Sex Juv ame DOB / / AKA .ddress H Ph ( ) usiness / School Wk Ph Other Ph I RP y><chm L) Suspect Ll Witness ❑ Arrested ❑ Other Race Sex Juv ` ame DOB / / AKA .ddress H Ph ( ) usiness / School Wk Ph ( ) Other Ph ( ) late / Time Arrest Location Booked ❑ Yes ❑ No harge(s) Citation # oss farrative: ele JIB fi L < < //,/j - - C Value Anthony Police Department - Uniform Report U Juvenile 13/LDL U FH Tense/Incident: Pafk tACA 555U -e I '` ICR ❑ Offense ❑ Arrest ❑ Incident L/I to Rpd / J0 5 Time Rpd a� `I 5 Time Arr. 15 Time Clr 27 L, .icer(s) �� V UCS HRD isT CD Ln N CY) M '.. UCS Code HRD Code - Pending P - Phone C - Exceptionally Cleared R - Radio U - Unfounded J - CLRD/Arrest Jv. - In Person A - CLRD/Arrest Adult-Juv. V - Visual R - Referred Ot Agency M - Mail - Assit. / Adv' T - Other T - Other/ UTL )C Location Grid # Supervisor Approved: anon of Incident:($ y o E u9�t $ Date/ Time Occurred: OV -21-05 of (2 is Gs RP me L)Victim L)Suspect L)Witness ��02 - LDL c;iy CounCt L)Arrested L)Other DOB / / AKA Race Sex Juv. ❑ dress siness / School Wk Ph RP U Victim ❑ Suspect ❑ Witness ❑ Arrested ❑ Other me DOB / _/ _AKA dress / School Wk Ph i RP ❑ Victim ❑ Suspect ❑ Witness ❑ Arrested ❑ Other me DOB / / AKA dress HPh ( ) siness / School Wk Ph ( ) Other Ph ( ) to / Time Arrest Location Booked ❑ Yes ❑ No arge(s) Citation # _HPh( ) Other Ph Race Sex Juv. ❑ —H Ph ) the�r Ph ' ( ) I Race Sex Juv. ❑ ss Value rrative: L6Ca-W Er— Pr+rs 6(u,,- Dodge Para Ack-yo pare co,LApkk(y note of haj (cap S(qh and sik wol (5r� raM 4c('Aq A rl" . Uv vd (Ci s OaA(j (A kct-� (cap 5;P4 K? po+ 4 6qo ,on Lauderdale City Council Memorandum Council Meeting Date: April 12, 2005 To: Mayor and City Council From: Jim Bownik, Acting City Administrator Agenda Item: Work Session Discussion Item A BACKGROUND: Nature Area At the April 12 City Council Meeting, the City Council directed staff to contact a tree contractor to remove brush piles in the nature area for an amount up to $1000. Blue Chip Tree Service performed this service on April 14 and has reached the $1000 threshold. A large amount of brush remains. The City Council will need to discuss what should be done, if anything, to remove the remaining brush piles. The City Council also directed staff to send a letter to Mr. Tatge asking him to refrain from any further care and maintenance activities on City property. This letter was sent on April 15 and further received in person on April 21 at City Hall. The City Council also discussed whether an Ordinance revision is necessary related to cutting of trees on public property, etc. A draft revision of Title 7, Chapter 2: Plantings on Public Property is included for your review. On April 20, Council member Gill -Gerbig and her husband Bruce had the opportunity to discuss these matters in person with Mr. Tatge. Council member Gill -Gerbig has provided a memo detailing their conversation, which also includes comments and suggestions. ENCLOSURES: 1. April 15, 2005 letter to Mr. Tatge. 2. Draft Ordinance Title 7, Chapter 2: Plantings on Public Property. 3. Memo from Council member Gill -Gerbig dated April 22, 2005. 74 &t 1891 Walnut Street • Lauderdale • Minnesota • 55113 Phone: 651.631.0300 • Fax: 651.631.2066 April 15, 2005 James L. Tatge 2384 Larpenteur Avenue Apt. # 3B Lauderdale, MN 55108 Dear Mr. Tatge: The City of Lauderdale is appreciative of your concerns regarding public properties in Lauderdale and realizes your efforts are well-meaning. However, for various reasons the City is requesting that you refrain from all care and maintenance of City property immediately. Thank you for your cooperation. Feel free to contact me at City Hall should you have any questions or concerns. On behalf of the City Council, Jim Bownik City of Lauderdale CC. Captain John Ohl, St. Anthony Police Department (via fax) LA605 7-2(l) CHAPTER 2 PLA34-TING OF PLANTINGS ON PUBLIC PROPERTY' SECTION: 7-2-1: Compliance Required 7-2-2: Tree P1aPAingE1a&fi=ngs 7-2-3: Nonconforming Plantings 7-2-4: Pen 1 7-2-1: COMPLIANCE REQUIRED: No person hall-, excebt em&lovees of the Citv in the performance of their duties in connection with the maintenance and improvements of City property, shall trim, cut, remove, pick, injure, mark, deface, disfigure, break, altplant, maintain or remove any tree on publie prepet4y in the G45-, ine boulevard areas, o ept a provided her -e „make use of any tree, bush, flower or other plant growth, wild or cultivated, or any rock, mineral or soil on any City property, park, public right-of-way, boulevard or public easement without the express written permission of the City Administrator. (Ord. 67, 11-15-1977) 7-2-2: TREE PLAN N rn. GPLANTINGS: The City Council shall, by resolution, determine the treeWLnj species and the locations where trees 1� may be planted on public property. Adjacent property owners may plant trees in accordance with the Council determination. Any tree so planted becomes the property of the City and may be maintained or removed at the sole discretion of the City Council. (Ord. 67, 11-15-1977) 7-2-3: NONCONFORMING PLANTINGS: No tree Want may shall be planted on City property which is not in conformity with the species and location requirements of the City without prior approval of the City Council. Any nonconforming tfee 1 nA planted with Council consent becomes the property of the City and may be maintained or removed at the sole discretion of the City Council. 7-2-4: PENALTY Any person violating the provisions of this Chapter is guilty of a misdemeanor and upon conviction, may be subject to penalty as provided in Section 1-4-1 of this Code. ' M.S.A. § 412.221, subd. 8. Friday, April 22, 2005 To: Jim From: Karen Gill -Gerbig Re: Nature Area and Mr. Tatge This is a memo to reflect our phone conversations in reference to Lauderdale's Nature Area, south of Larpenteur Avenue and north of private lands and Luther Seminary. On Wednesday, April 20 I took my dog for a walk through the Nature Area in the morning, around 9:30 am. I went down the access path from Larpenteur Avenue, which is adjacent to the Golf Course, and then down the wooden stairs, over the wooden bridge and along the path until its first fork. Along the way I observed numerous brush and trees, which had been cut down. On the right hand fork, I observed a large tree (-6 inches in diameter) and perhaps 10 feet long (with one major forked branch), which was purposely placed across the right hand path, leading to the holding pond (duck pond). I removed the tree from the blocked path by dragging it to the south of the path, entirely away from it, so walkers would have safe and easy access to the walking path. I continued along the path to the pond and noticed that more trees had been cut. Throughout the area, numerous piles of thin brush as well as more substantially sized limbs and trunks were cut and piled throughout the nature area. Wood duck nesting boxes had been erected on poles near the pond as well. And particularly in this area, numerous trees and large shrubs had been cut down which resulted in the opening of extensive land areas. Within a short time, my dog and I returned home, by reversing our original entry into the Nature Area. Since April 1995, when first appointed to City Council, I do not recall the council or staff authorizing this particular work on a spot or on-going basis. I have great concern as to the methodology and the processes used to arrive at decisions and actions that have taken place in the Nature Area. They are not the result of Staff or Council decisions. That same evening my husband and I returned with our dog to again walk the area. Again, the same tree, which blocked the right hand fork, had been replaced, blocking the path to the duck pond. I again removed the impediment. I observed a person on the far `trolley car path' to the south of us as I removed the obstruction. We then followed the same path and this time crossed the water just upstream of the duck pond, along the rock `ford' which separates the stream from the pond. As we were looking at the denuded area around some wood duck houses the person who was on the `trolley path' caught up with us, eager to engage us in conversation. Upon his initiation of conversation, I asked if he was Mr. Tatge, who has admitted that he is doing work in the Nature Area. He avoided the question a number of times, but then finally admitted he was Mr. Tatge. I firmly but politely asked him on whose authority he was undertaking the `work' being done in the Nature Area. He again hesitated, tried to N redirect the conversation, and was unable to hold eye contact with me. He began to look everywhere else but at my eyes or me. He was wearing a billed, baseball type cap; so it became necessary for me to stoop over a bit, look under the bill of his cap to gain eye contact with him. This was at times a `bob and weave' as he tried to avoid looking at me, and still tried to divert the conversation. I continued to ask the same question in a number of ways: who gave you permission to do this work — how are you authorized to do this work, etc. Finally, Mr. Tatge said his friend Rick Getschow gave him permission to do this work, and that the city staff authorized him to do the work. When I told him Rick no longer works for the City, he stated that Jim and staff gave him permission to do the work. I told him he was mistaken and that he did not have city permission to do work. He then told me city council gave him permission to do the work. I then told him directly that he was lying to me. He was taken aback by this, and repeated that he had council permission. I introduced myself, giving him my full name and indicating that I had been on the city council even prior to our hiring of Mr. Getschow and the council nor the staff had given any permission for him to carry out any of his activities. He was rattled by this, but continued to evade the issue by trying to discuss the nature area or discuss what a terrible person he had been. I assured him he, while well intended, was not a bad person, but it was not his land to make unilateral decisions about. I informed him that as a citizen he could walk the trails, enjoy the area, listen and observe the wildlife, but he was not authorized to dig, move, cut, pile, pull, rake, plant, etc. and trees, shrubs, rocks, stones, water, etc. He countered by saying he had no idea that a person, especially he, could not do these things in this area. And again he discussed what a bad person he was and how he would never do it again, and that he was moving at the end of the year anyway. I continued to tell him that he was not a bad person, but was not authorized to do anything to the Nature Area. I made reference to his home, and asked him if it would be proper and acceptable for me to go into his home, redecorate/paint the walls, re -arrange or select new furniture for his home, without his permission. He said that was different than the Nature Area. I said, in my opinion, it was not different; it was a fair analogy. I reiterated that the Nature Area is public land held by the community and decisions and actions on or about the area must be carried out by accepted public process, which exists in our community now. Anything else is unacceptable, and if he or anyone else did not follow that process, upon witnessing that unauthorized behavior, I would call the police and have the individual arrested or punished to the fullest extent possible of the law. Mr. Tatge does not seem to take in and process well things that I was saying to him. I found it necessary to frequently, clearly, firmly, assertively, and a bit loudly (as he said he has hearing difficulties) repeat the same `liturgy' over and over again, while weaving and bobbing' to make eye contact, as he followed us from the stream/pond `ford' area into the parking lot, around the garages, and onto Carl Street. As we walked north on Carl, Mr. Tatge crossed to the west side of the street, and we stayed on the east side. He assured me he would no longer go into the Nature Area. I again assured him, he was most welcome to be in the Nature Area, as long as all he did was enjoy the sights and sounds, but did not take it upon himself, unauthorized by the city to make any changes to the Area. We then walked to the Mayor's home to apprise him of the chance meeting and subsequent discussion. I also called you on Thursday morning to inform you, as I had informed the Mayor. I have some overall comments and suggestions: Specifically: • It is clear that we (as a city) have inadvertently given a message to this gentleman that he was enabled to take the actions and plans which he did. • We must in the future, make sure this does not happen again, with him or anyone else. We need perhaps to discuss our own processes, etc. • We must clear away all piles of brush, logs, tree limbs, etc. to clear the area. • We must contact Mr. Tatge, in writing, certified mail, and arrange for him to retake possession of the wood duck boxes (and any other accoutrements) he has added to the Nature Area. The letter should state that if he does not respond to us within X number of days, the materials he has placed in the Nature Area become the property and responsibility of the City. • If Mr. Tatge does not want these things returned, we then have the option to keep or dispose of them. If kept, they must be inspected as to their structural integrity, and especially as to their installation safety, as they would now be the City's responsibility. • We must evaluate any immediate issues resulting from Mr. Tatge's actions in the Nature Area, and determine a time line and process and methodology to correct them, as well as associated costs to do so. Generally: • In a review of our legislation, we should consider a monetary fine (e.g. cost of cleanup, restoration to former condition, etc.) to dissuade potential `helpers' and/or to recoup costs to repair/restore, clean-up, etc public land or right of way, etc. • The tree commission should look at its legislation to determine if it is all encompassing and functional, based on this experience. E.g., does it say trees, or trees and significant vegetation, or vegetation? Etc. • The Tree commission and the Park/CIC Committee could hold a joint meeting in the future to discuss this Nature Area, as both hold jurisdictions over it. • The MWMO may have some insight and/or funding to help us work on this area in the future. It would also be good to coordinate our ecological work (Tree Commission) with them, as it is an integral part of the watershed. End of memo