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HomeMy WebLinkAbout2001-07-10 Arborist Memo to OPH Re Fire Site Memo To: Tom Melena, Administrator City of Oak Park Heights City Council City of Oak Park Heights From: Kathy Widin, Arborist City of Oak Park Heights 7/10/01 At the request of Kris Danielson, Comm. Devel. Dir., I have compiled a time -line and documents regarding the elm near the roadway at 5887 Beach Rd. May 1998 - I started work as a consulting arborist with the City of Oak Park Heights. Sometime later that year I noticed the dead elm on Beach Rd.. It was already dead and had no symptoms of Dutch elm disease, so I did not mark it for removal. Only currently wilting trees with intact bark are marked for removal by the City. I do not have field inspection notes from the previous tree inspector, so I do not know if he had marked it for removal in a previous year. Winter- Spring 2000 - Sometime during the winter (Chief Swanson would have the police record), a limb from the elm fell on a passing vehicle. It was determined that the tree was a hazard to passers -by and should be removed. Since Beach Rd. is a County Rd., both Chief Swanson and I contacted Wash. Cty. Pub. Works to see if the tree was within their road right -of -way and if they would remove it. June 8, 2000 - I received a copy of a letter to Chief Swanson from Doug Johnson, Oper. Mgr., Wash. Cty. Dept. of Trans. and Phys. Dev., saying that the tree was not within their right -of -way and they would not remove it. (copy attached) June 2000 - I spoke with City Staff and it was determined that the City should investigate having the tree removed and should obtain an estimate from a tree service. June 15, 2000 - I received an estimate for removal of the tree by St. Croix Tree Service. (copy attached) June 16, 2000 - I sent a letter to Mr. Bjorkman notifying him that the tree would be removed by the City at no charge to him. (copy attached) June 20 & 21, 2000 - I received a voice -mail message from Mr. Bjorkman that the City or their representative should call him before coming onto his property to remove the tree. I left a voice -mail message for him in return that the City would need a signature from him on a Waiver of Trespass form before the contractor removed the tree and that I would send the form out to him. June 22, 2000 - I sent another letter to the Bjorkmans with the Waiver of Trespass form for them to sign and return to City Hall. By the signature of the return receipt, Mrs. Bjorkman picked up the letter at the post office June 24th. The City never received a copy of the signed Waiver of Trespass form. I called and left another message on the Bjorkman's answering machine but received no call in return. (copy attached) July 12, 2000 - At the request of Mark Vierling, City Atty., I sent a letter to him regarding the hazardous nature of the tree. (copy attached) July 14, 2000 - I received a copy of a letter from Doug Johnson , Wash. Cty. in which he agreed that the tree was a hazard to the travelling public. (copy attached) After a period of time the City began legal action to require Mr. Bjorkman to remove the tree. August 29, 2000 - At the request of Mark Vierling, City Atty., I signed an affidavit regarding the dead elm. (copy attached) Mr. Bjorkman abated the hazardous nature of the tree by removing the upper limbs. Sept. 19, 2000 - I sent an e-mail to Mark Vierling, City Atty., regarding the fact that I had inspected the elm after limb removal and found it to present no immediate hazard to the travelling public. I understood that Mr. Vierling then dismissed the City's lawsuit against Mr. Bjorkman on this matter. (copy attached) TON WASHINGTON COUNTY Donald C. Wisniewski, P.E. + Z Director/County Engineer , _ DEPARTMENT OF TRANSPORTATION Douglas W. Fischer, P E. & PHYSICAL DEVELOPMENT Deputy Director, Transportation Division 11-1 s ue° 11660 MYERON ROAD NORTH • STILLWATER, MINNESOTA 55082 -9573 dames D. Luger, RLA Parks Director NO O �rr• Pno6PE SS 651-430 -4300 Facsimile Machine 651- 430-4350 Larry S. Nyheck. PLS -County Surveyor Acting Deputy Director, Land Managemenu Land Survey Division June 8, 2000 Mr. Lindy Swanson Police Department City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Large Dead Elm Tree on County Road 23 (59 Street North & Beach Road) Dear Mr. Swanson: I visited the above location and measured the right of way. Washington County owns 33 feet of the right of way. The tree is 38 feet from the center of the roadway, therefore Washington County is not responsible for removal of the tree. I apologize for the delay in responding to this situation. I can be reached at (651) 430 -4320 should you require any further information. Sincere) / p ' Douglas R. Johnson Operations Manager ...drjohns \word \Swanson tree letter FROM : ST. CROIX TREE SERUICE PHONE NO. : 715 749 3465 Jun. 15 2000 04:31PM P2 ST. CROIX TREE SERVICE, INC. Serving the St. Croix River Area Since 1974 ESTIMATE 943 120th Street, Roberts, WI 54023 Date (� J� Qp (MN) 651- 770 -3744 (WI) 715 -425 -2006 Est # E -mail: sctrees @pressenter.com Experts in Tree Pruning and Removal, Stump Removal, Brush Hauling or Chipping, Deep Root Fertilization, Tree Health Care, and Large Tree Transplanting. Wood Mulch Available for Pickup or Delivery. A4+1i : L Wf d t vl Job information Billing Address Name c { �, 0- P 'czk ,D,4 � Name Address t Address City. State City, State HM# WK# Rep. _Tree Removal _ Pruning _Stump Chipping _Brush Chipping Hauling Misc. Transplanting _Tree Planting Firewood Insect and Disease Control _Fertilizing Cabling _Consultation Description of Work Cost Rave- d efue e l ni geztGlk Rct , a_ Co vfr Pam . J a wa etc/n -f-t)/4 1-eeti/iy onl c-49 a-u-e,e W .14/A -f-roi 2-00, PUs &'lam ° I '2s fzsc vz . Please note sales tax may apply to these services. i . Estimated Job Cost Directions To Job Site Plant Locations SV b iNVI Lf Pet& c r i R d � s� w/ - ©q ( Members of the National Arborist Association, International Society of Arboriculture, Wisconsin Arborist Association Minnesota Society of Arboriculture, and the Minnesota Nursery and Landscape Association. For your protection, we are fully insured. Mr. Jerry Bjorkman ` 7,? 7 5887 N. Beach Rd. Oak Park Heights, Minn. 55082 (.J ✓c,i 0 .1 6/16/00 ; 0 oc.29— a0 —a1— 00,29' Dear Mr. Bjorkman, The large dead elm in front of your home is scheduled to be removed by the City of Oak Park Heights, probably the week of June 19` This work will be done at no cost to you. If you have any questions regarding this work, please contact me at 439 -4439. Kathy Widin 6A, it-.„ Municipal Arborist City of Oak Park Heights t. / • • • Jerry & Diane Bjorkman 5887 N. Beach Rd. Oak Park Heights, Minn. 55082 6/22/00 Dear Mr. & Mrs. Bjorkman, The large dead elm in front of your home is hazardous and needs to be removed. The City is prepared to hire a tree service to remove the tree at no expense to you. Before the City can do this, however, you will need to sign the enclosed "waiver of trespass agreement" to allow the tree service to enter the property to remove the tree. Please return the signed form to me at Oak Park Heights City Hall, P.O. Box 2007, Oak Park Heights, Minnesota 55082, at your earliest convenience. If you have any questions regarding this matter, please call me at 439 -4439. Kathy Widin Municipal Arborist City of Oak Park Heights SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Also complete A. Received by (Please Print Clearly) ate •1 Deily item 4 if Restricted Delivery is desired. � � • Print your name and address on the reverse ,---- Pr so that we can return the card to you. C. Si natur • Attach this card to the back of the mailpiece, X ❑ Agent or on the front if space permits. _ %/ ❑ Addres. D. Is deliv address diff erent from item 1? ❑ Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No 3. Service Type /� �"-1 Z Ptf(L E e- ` VL` c .Rifled Mail ❑ Express Mail / J 6 o Er L ❑ Registered ❑ Return Receipt for Merchant ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) - 1 C4< 3ZZ ooak f3it4 651 _ - -- - .•• ._... _ -- . • .99..1 Mr. Mark Vierling City Attorney, Oak Park Heights Eckberg, Lammers, Briggs, Wolff & Vierling 1835 Northwestern Avenue Stillwater, Minnesota 55082 7/12/00 Dear Mr. Vierling, There is a large, dead elm in the front yard of 5887 N. Beach Rd. in Oak Park Heights. This tree has been dead since before I started doing consulting work for the city in 1998. The tree is brittle as well as decayed and the limbs are breaking off and falling to the ground. It is very close to the roadway and limbs from the tree have already fallen onto a passing vehicle. This is a hazardous situation and the tree should be removed as soon as possible. Sincerely, Kathy Widin Municipal Arborist City of Oak Park Heights JUL -14 -2000 07:17 WASH CTY TRANS PHYS DEU 6514304350 P.01/01 �jGT01Y �,\ WASHINGTON COUNTY Donate C. WIaniowki. P.E. Dtrettor /County Engineer G2 DEPARTMENT OF TRANSPORTATION Douglas W. Fiecner, P.E. „jp,'� ice Deputy Director. Transportation Division & PHYSICAL DEVELOPMENT �i�. 11680 Par D. Director MYERON ROAD NORTH STILLWATER MINNESOTA 55082 - 9573 James D. ALA �; eetor "evsrrar ecc 661- 430 -4300 Facsimile Machine 651-430-4350 Wry S. Nybeek. PLS•County Surveyor Deputy Director, Lens Management/ Lane Survey Division July 14, 2000 Mr. Mark Vierling City Attorney City of Oak Park Heights 14168 Oak Park Blvd. Oak Park Heights, MN 55082 Large Dead Elm Tree on County Road 23 (59th Street North & Beach Road) Dear Mr. Vierling: I agree with the City of Oak Park Heights that the above tree (5887 Beach Rd.) is a potential hazard to the traveling public and should be removed. Thank you. Sincer , / s Douglas R. ohnson Operations Manager 7671 Post - it" Fax Note Date - • 0 pa eS 1 From i • . ffs � M G�J S CO co./DepL , � rK : F Phone a s — ,4 c Fax# e•�0— 3$0 Fax # — ✓5"7 TOTAL P.01 STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASHINGTON TENTH JUDICIAL DISTRICT City of Oak Park Heights, a municipal Court File No.: corporation, Plaintiff, vs. AFFIDAVIT OF KATHY WIDIN Jerry Bjorkman and Diane Bjorkman, husband and wife, Defendants. STATE OF MINNESOTA ) ): ss. COUNTY OF WASHINGTON ) KATHY WIDIN, upon being first duly sworn on oath, deposes and states: I am the Municipal Arborist for the City of Oak Park Heights, the Plaintiff herein. The elm tree located at 5887 Beach Road, Oak Park Heights, Minnesota, was dead in 1998, which was the time when I began working for the city. I presume that the elm died as a direct result of Dutch elm disease. The disease is spread by beetles, however, the disease and beetles have left the elm and do not pose a threat to spread Dutch elm disease. 4-0 a Widin Municipal Arborist, City of Oak Park Heights Subscribed and sworn to before me this ,41, , of A,, s { , 2000. •. P •••, ■ SANDY D. BUSS my C o mrtN sswn B F�ims mos .;.j vierling, 9/19/00 1:10 PM -0500, Re: Bjorkman Elm 1 Reply -To: "mj vierling" <mjvierling @email.msn.com> Fran: "mj vierling" <mjvierling @email.msn.com> To: "K.D. Widin" Cc: "Lindy Swanson" < lmswans @cityofoakparkheights.com> Subject: Re: Bjorkman Elm Date: Tue, 19 Sep 2000 13:10:56 -0500 X- Priority: 3 X -DPOP: DPOP Version 2.5g Status: U Thank You, I'll take your comments to mean that there is not a present and clear danger to the motoring public that is presented by the tree in its current condition Mark Original Message - - -- Fran: "K.D. Widin" To: anjvierling@ nail.msn.com> Sent: Tuesday, September 19, 2000 9:50 AM Subject: Bjorkman Elm > Mark - > > Yesterday I inspected the elm at 5887 each Rd.. The broken and > hanging branches which were the immediate hazard to the roadway have been > removed. The tree has been reduced to a trunk of approximately 20 feet in > height. I examined the trunk and supporting roots and found them to be > apparently sound at this time. The tree will decay over time and a dead > trunk close to a roadway is a potential hazard; however, the majority of > the problem has been removed. If you have any questions regarding this > issue, please contact me. > Kathy Widin > Arborist > City of Oak Park Heights