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Home My WebLink About4E, Ordering Abatement at 3223 Lake Johanna Blvd.Approve Resolution 2010 -057 Ordering Abatement at 3223 Lake Johanna Blvd. For a Public Nuisance Tree Request for Council Action �`i DEN HILLS Prepared By: Michelle Olson, Parks and Recreation Manager Budgeted Amount: Abatement Recommendation: Actual Amount: $660.49 Council Meeting Date: November 1 5, 2010 Motion to approve Resolution 2010 -057: Ordering abatement at 3223 Lake Johanna Boulevard for a public nuisance tree, identified to have Dutch Elm Disease_ Funding Source: Park Maintenance Assessment to Resident Supporting Documents: 1. Memorandum dated November 15, 2010 from Michelle Olson, Parks and Recreation Manager 2. Aerial Diagram of 3223 Lake Johanna Boulevard 3. Photo of Diseased Elm Tree at 3223 Lake Johanna Boulevard 4. Diseased Tree Abatement Agreement 5_ Resolution 2010 -057: Abatement of Nuisance at 3223 Lake Johanna Boulevard DATE: TO: FROM: SUBJECT: Requested Action Background �EN HILLS MEMORANDUM November 15, 2010 Mayor City Council Michelle Olson, Parks and Recreation Pie(' Nuisance Abatement 3223 Lake Johanna Boulevard PID: 333023340020 Motion to approve Resolution 201 0 -057: Ordering abatement at 3223 Lake Johanna Boulevard for a public nuisance tree, identified to have Dutch Elm Disease. The City of Arden Hills, under City Code Section 710.12, operates a program for Shade Tree Disease Control. This program includes inspecting elm and oak trees for disease disruption, root grafts, and the removal of and proper disposal of diseased trees and wood. It is the responsibility of the home owner to remove the diseased or dying tree(s) within ten (10) days of the notice date. The City received a complaint regarding a tree on the property at 3223 Lake Johanna Boulevard. The City Tree Inspector identified this tree as having Dutch Elm Disease. Pursuant to City Regulations, a certified letter was sent to the property owner informing them of the situation on October 21, 2010. The property owner contacted the City to discuss the issue. They requested that the City remove the tree with our own contractor and assess the bill to their property taxes. An abatement order allows the City to hire a contractor to complete the work on the property and charge the cost back to the property owner. The estimated cost to remove this tree with the City y Tree Contractor is $660.49. Section 710.12 Subdivision 12 states that if the owner does not a py the bill within thirty days of the date thereof, the Council may then assess the amount due, p lus interest against the property as a special assessment under M.S. Ch. 429.10. City of Arden Mills City Council Meeting for November 15, 2010 44etro- inet_us\ardenhills,PR &PW \Public Warksl Treet2010 Forestry12010 DED111152 010 CC Memo 3223 Lake Johanna Blvd Nuisance Abatement.doc Page 1 of 2 The property owner would like to move forward on the abatement and therefore, the City Attorney has drafted an agreement between the property owners at 3223 Lake Johanna Boulevard and the City in order to shorten the abatement process listed within the code. This agreement has been signed by the property owners. Within the agreement, (attached for Council review) the homeowner: Attachments 1. Waives any further notices or hearings in this regard 2. Requests the removal and disposal of the Elm Tree 3. Authorizes the City and its agents, contractors and employees to enter upon the property for the purpose of removing and disposing of the Elm Tree 4. Assess all actual cost incurred by the City for the removal and disposal of the Elm Tree. The City responsibilities will be to: 1. Remove the Elm Tree from the property on the on or before December 1, 2010. 2. Upon completion of the removal and disposal of the Elm Tree from the property, the City Council shall adopt a resolution directing the Ramsey County Auditor to assess the property for the cost actually incurred by the City to remove the Elm Tree. The assessment shall be paid in three (3) equal annual installments and shall bear interest at the rate of 4.5% from the date of the adoption of the resolution. The first installment shall be due and payable in 2011. Recommendation Motion to approve Resolution 2010-057: Ordering abatement at 3223 Lake Johanna Boulevard for a public nuisance tree, identified to have Dutch Elm Disease. Aerial Diagram and Photo of 3223 Lake Johanna Blvd. Diseased Tree Abatement Agreement Resolution 2010- 057: Abatement of Nuisance at 3223 Lake Johanna Blvd. City of Arden Hills City Council Meeting for November 15, 2010 11 Metro- inet_uslardenhills\PR&pw\Public Works1Tree12010 Forestry12010 DFD111152010 CC Memo 3223 Lake Johanna Blvd_ Nuisance Abatemeni.doc Page 2 of 2 .�+?�e�: ;%+3.a.�'ti .".a fix ..r...�✓..?xr.sea:f':..�..�+.. an�. 0 Pzi Pzi 5 w 0 z 0 r cD Q- �o� o a C. m a S r� 4 5 n CD g o ti c; z n c. 0. cr Np D o h o 0 n S. o O L DD O 5' 0 ij Q� �t crQ a- tt {�q CT' n it 0 0 g t1. cr 43 P i O Y. 0 tD A7 o� o o 2. o 'er ag _tea o EA sz: o a 8 g a 0- 0 N O O 0 DISEASED TREE ABATEMENT AGREEMENT 1.0 Parties. This Diseased Tree Abatement Agreement "Agreement is entered into by and between the City of Arden Hills, a Minnesota statutory city "City and Michael D. Johnson and Lisa D. Johnson (collectively "Johnson 2.0 Recitals, A. Johnson is the fee owner of residentially zoned property located at 3223 Lake Johanna Blvd., Arden Hills, MN "Property which is legally described as follows: The east 217.8 feet of the south 100.0 feet of the north 1576.0 feet of the southwest quarter of Section 33, Township 30, Range 23; except the east 33 feet thereof for Lake Johanna Blvd. B. The remains of a diseased Dutch Elm tree "Elm Tree as shown on Exhibit A attached, is located on the Property. C. Pursuant to the provisions of the Arden Hills City Code §71 0.12 and its subdivisions "Shade Tree Regulations the Elm Tree is declared a public nuisance which needs to be abated. D. Johnson has requested that the City remove the Elm Tree and assess the cost of removal against the Property. 3.0 Terms. In consideration of the mutual undertakings herein expressed, the parties agree as follows: A. Johnson Acknowledgement, Waivers and Requests. 1. Johnson acknowledges that it has received, reviewed and understands the provisions of the Shade Tree Regulations. 2. Johnson, for itself and its heirs and assigns: a. Waives any further notices or hearings which it may otherwise be entitled to pursuant to the Shade Tree Regulations. b. Requests the City to remove the Elm Tree and dispose of the Elm Tree pursuant to the provisions of the Shade Tree Regulations. c. Authorizes the City and its agents, contractors and employees to enter upon the Property for the purpose of removing and disposing of the Elm Tree; provided that the City gives Johnson at least two (2) days advance notice of its intent to enter upon the Property for such purpose. d. Assess all actual cost incurred by the City for the removal and disposal of the Elm Tree. Current estimated cost for tree removal and disposition is $660.49. B. City's Responsibilities. 1. On or before the 1 day of December, 2010, the City or its contractors shall remove the Elm Tree from the Property. 2. Upon completion of the removal and disposal of the Elm Tree from the Property, the City Council shall adopt a resolution directing the Ramsey County Auditor to assess the Property for the cost actually incurred by the City to remove the Elm Tree. The assessment shall be paid in three (3) equal annual installments and shall bear interest at the rate of 4.5% from the date of the adoption of the resolution. The first installment shall be due and payable in 2011. 4.0 Restoration of Property. Johnson shall be responsible for restoring the Property after the Elm Tree has been removed. 5.0 Legal Document. This Agreement is a legally binding document and each of the parties has had an opportunity to review its terms with legal counsel. 2 ATTEST: IN WITNESS WHEREOF, the above -named parties have hereunto set their hands. Patrick Kiaers, City Administrator STATE OF MINNESOTA ss. COUNTY OF O this day of 2010, before me, a notary public within and for said county, personally appeared Stanley Harpstead and Patrick Kiaers, to me known to be respectively the Mayor and City Administrator of the City of Arden Hills, and they executed the foregoing instrument and acknowledged that they executed the same by authority of and on behalf of City of Arden Hills. 3 Notary Public CITY OF ARDEN HILLS, a Minnesota statutory city Stanley Harpstead, Mayor STATE OF MINNESOTA COUNTY OF Arden Hills \Agreements\A.H- Johnson_vb_doc ss. 4 Michael D. Johnson On this 'da of 0 Venn, 2010, befor me, a notar ublic within and y notary said county, personally appeared Michael D. Johnson and Lisa D. Johnson, husband and wife, have executed the foregoing Agreement and acknowledged the same. Notary Public iilVN JIILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2010-057 ABATEMENT OF A NUISANCE at 3223 Lake Johanna Boulevard WHEREAS, Lisa and Michael Johnson are the property owners of the following described property: Address: 3223 Lake Johanna Boulevard PID: 333023340020 Legal Description: The east 217.8 feet of the south 100.0, feet of the north 1576.0 feet of the southwest quarter of Section 33, Township 30, Range 23; except the east 33 feet thereof for Lake Johanna Blvd WHEREAS, notice therefore was sent certified mail to the property owner pursuant to City Regulations; and, WHEREAS, the remains of a diseased Dutch Elm tree "Elm Tree is located on the property; and, WHEREAS, this abatement was initiated pursuant to the City of Arden Hills Municipal Code 710.12 and its subdivisions "Shade Tree Regulations the Elm Tree is declared a public nuisance; and, WHEREAS, the property owner has requested that the City remove the Elm Tree and assess the cost of removal against the property and waives any further notices or hearings which it may otherwise be entitle to pursuant the Shade Tree Regulations; and, NOW, THEREFORE, BE IT RESOLVED THAT THE ARDEN HILLS CITY COUNCIL hereby adopts Resolution 2010 -057: Ordering abatement at 3223 Lake Johanna Boulevard for a public nuisance tree, identified to have Dutch Elm Disease. ADOPTER BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 15 DAY OF NOVEMBER, 2010. ATTEST: Patrick Klaers, City Administrator Stanley Harpstead, Mayor