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HomeMy WebLinkAboutMinutes - 1973/10/09A Regular Meeting of the Mounds View Village Council was called to order by Mayor Neisen at 8:14 P.M. on October 1 1973, at the Mounds View Village Hall, 2401 Highway #10, St. Paul, Minnesota 55112. Present: PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW COUNTY OF RAMSEY Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar MSP (Hodges Baumgartner) To approve the minutes of September 24, 1973. 5 Ayes MSP (Pickar- Johnson) To approve the minutes of October 1, 1973. 5 Ayes Residents Requests and Comments from the Floor Also Present: Attorney Meyers Engineer Comstock Clerk Administrator Zylla Robert Engwer, Business Manager of the Mounds View School District, notified the Council that Red Oak School is overcrowded and School District officials are seeking a solution to the problem. Probable solutions being discussed are either a portable or mobile unit similar to a two section mobile home. As yet, the district has made no decision but will reappear before the Council whenever they reach an agreement amongst themselves. He added that a task force is presently researching the long range problem of overcrowding. William Biem, of P.B.K. Investment Company requested that the assessment placed on the Mounds View Industrial Park in July 1973 be reapportioned. He stated that he was out of the country when the hearing was held. Mr. Biem also questioned the high cost per acre of the assessment. Attorney Meyers explained under what conditions the Council may reassess improvements noting also that the appeal time has elapsed. Clerk Zylla stated that there may be a question of benefit on at least nine acres of Lot No. 3 since the Ramsey County Open Space Commission feels that nine acres are wet land and as such possibly only 20% may be filled. He also noted that Ramsey County's cut -off date for recertification is October 10, 1973. The Council was advised by Attorney Meyers, in discussing the benefits for the property if it was reapportioned and additional assessments were later placed on Lot No. 3, that the test of benefit is increase in market value. Because of the question of future benefit if new assessments are necessary and a possible appeal, the Council informed Mr. Biem that the assessment would stand. MSP (Hodges Johnson) To recess the regular meeting at 8:35 P.M. Mayor Neisen called the hearing to consider the vacation and transfer of easements 5 Ayes -2- in the Anchor Inn property to order at 8:36 P.M. Council waived reading of the legal notice. Clerk Zylla noted that the notice was published in the New Brighton Bulletin on September 27 and October 4, 1973. There were no objections from the floor. MSP Neisen- Johnson) To approve the vacation of the following easements contingent on receipt of the new easement and the installation of the drainage pipe in the new easement and that the installation be performed at the expense of the developer. Parcel 060 -52, being the North 231 feet of the West 330 feet of the Northeast 1/4 of the Southwest 1/4 of Section 8, Township 30, Range 23, in the Village of Mounds View, Ramsey County, Minnesota; subject to roads and a drainage easement over the South 5 feet, and Parcel 030 -52, the South 132 feet of the North 363 feet of the West 330 feet of the Northeast 1/4 of the Southwest 1/4 of Section 8, Township 30, Range 23, in the Village of Mounds View, Ramsey County, Minnesota; subject to roads and a drainage easement over the North 5 feet. In exchange for the vacation, the Village will receive a 10' perpetual easement for storm sewer purposes over, under, and across the following described property: The South 132 feet of the North 363 feet of the West 330 feet of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) of Section 8, Township 30, Range 23, in the Village of Mounds View, Ramsey County, Minnesota, except therefrom the East 30 feet and also the West 30 feet. MSP (Hodges Pickar) To adjourn the special hearing at 8:40 P.M. 5 Ayes Mayor Neisen called the special hearing to consider the drainage problem between Sherwood Road and Laport Drive West of Jackson Drive to order at 8:40 P.M. Clerk Zylla read the legal notice and attested to its publication in the New Brighton Bulletin on September 22 and October 4, 1973. 17 notices were sent. Engineer Cor:.Jtock summarized the improvement noting that drainage in the past was by perculation, but increased runoff and development has caused a drainage problem. The area is impracticable to fill. He suggested installing approximately 300 feet of 12 inch conduit at an approximate cost of $2,100.00. (Project 1973 -6) Peter Wiedemann, 2333 Sherwood Road, agreed there was a problem but opposed the improvement because there was no direct or indirect benefit to him. Bruce Lawson, 2332 Laport Drive, reiterated that there was no benefit and the improvement was unjustified and ridiculous even though his water may contribute to the drainage problem. Attorney Meyers gave an explanation of benefits noting that benefit may accrue even though one's property doesn't abut the improvement. -3- Lyle Nelson, 2357 Sherwood Road, stated that the problem was created by the builder and that there should never have been a house built there. Jim Reed, 2325 Sherwood Road, added that the builder disturbed the natural drainage and it is not for the residents to pay. Councilman Johnson asked Mr. Wallace, the petitioner for the improvement, whether there would still be water there if he placed fill in his lot. Mr. Wallace commented that he would still have water and that someone else would then have a serious water problem. Mr. Wiedemann reiterated that the builder created a problem and he asked how benefits are determined. Mayor Neisen explained that all those in the drainage boundary benefit. He added, the high point of the ground determines the drainage boundary. Judy Schreyer, 8120 Jackson Drive, said that Walter Skiba, the building inspector told her the builder, Arvid Birkeland was to pay for the improvement. She added that she was forced to sign an easement before she could get her building permit. Engineer Comstock said that the Council is not here to promote a solution, rather they have been asked to propose a solution to the problem. Lyle Nelson said that the people in the area knew Mr. Wallace would have a problem. Councilman Johnson asked whether the Village could take legal action against the builder. Attorney Meyers felt that it may be tough to prove the Village's case, and that the legal cost could equal the cost of the improvement. Mr. Reed asked that the Council do something and not expect the homeowners to do something. Mr. Wiedemann said let the builder shoulder the cost. Mr. Wallace said that he would fill in his lot if no action was taken but someone else will have a problem if he does so. Clerk Zylla explained the history of events leading up to the issuance of a building permit to Mrs. Schreyer explaining that the drainage easement was signed of her own free will. Councilman Baumgartner suggested that Attorney Meyers talk to Mr. Birkeland noting that he had given a verbal commitment to our building inspector to correct the situation. Councilman Pickar felt that the Council should order the improvement and proceed to obtain the cost from the builder. Councilman Johnson said that the builder wronged the residents and the Council and he should be sued. Mayor Neisen said if the builder is sued it should be by the residents of the area. That this is a localized problem and that other Village taxpayers should not have -4- to pay the cost of a lawsuit. Councilman Baumgartner declared that Inspector Skiba was in error by not getting in writing Birkeland's commitment to correct the drainage problem. Motion (Picker) To accept the Engineer's report and to proceed with the project as scheduled. Motion died for lack of second. Councilman Johnson suggested that either Birkeland puts the pipe in and pays for it or the Village puts it in and assesses it. MSP (Neisen- Hodges) To table the matter until October 23, 1973 at 8:30 P.M. giving Attorney Meyers time to talk to Mr. Birkeland relating the Council's concern for the matter and explaining to him that the Council feels the cost of the improvement, whether it's installed by him or the Village, should be borne by Mr. Birkeland. And that the Village will consider legal action against Mr. Birkeland if the total cost of the improvement is not paid by him. 5 Ayes MSP (Neisen- Johnson) To continue the hearing on October 23, 1973 at 8:30 P.M. 5 Ayes Meeting temporarily adjourned at 10:08 P.M. Mayor Neisen called the regular meeting back to order. Mayor Neisen's Report Mayor Neisen announced that filings for office closed today and Councilman Johnson will be running unopposed for Councilman and he will be running unopposed for Mayor. Mayor Neisen read the Police Report for September. Clerk- Administrator Zylla's Report MSP (Hodges Baumgartner) To approve the licenses: General Contractor Marvin's Roofing, Russell Scott Construction; Heating Mill City Heating A.C. Co., Twin City Furnace Co. 5 Ayes MSP (Johnson- Hodges) To approve the bills: General Fund checks #7743 through #7796, Payroll Account checks #1047 through #1049, Payroll checks #575 through #599. Transfer check #7794 transferring $31.74 to the Payroll Account from the General Account to correct transfer made in error on 7- 23 -73, and check #7795 transferring $10,065.38 to Payroll Acount to pay gross pay of October 15, 1973. From General $7,911.74, from Water $1,368.92, from Sewer $784.72. Total disbursements of $27,275.95. 5 Ayes MSP (Johnson- Hodges) To approve the installation of two or three street lights along County Road H in the vicinity of the Malvin, Pettibone, and Herbst offices. 5 Ayes The Clerk was directed to send a letter to NSP requesting prompt installation of the street lights in Red Oak Estates. MSP (Pickar Hodges) To adopt Resolution No. 613 declaring ccr'ca_n lands non conservation and requesting certain land previously forfeited be conveyed to the Village of Mounds View. 5 Ayes -5- MSP (Johnson Baumgartner) To adopt Resolution No. 614 apportioning the assessments on Division No. 46961. 5 Ayes Clerk Zylla announced that he has received the signed agreement from Ramsey County on the semiphore at Quincy Street and County Road 1. He has not received any word as to when the installation will be made nor has he received any reply from School District 621 on the proposed joint powers agreement for a skating rink on the Edgewood School property. MSP (Neisen Baumgartner) To allow the Village to furnish posts for the Mounds View Snowmobile Club "Snowmobiling Laws Enforced" signs. 5 Ayes MSP (Hodges Pickar) To authorize the Geo. M. Hanson Company to conduct the 1973 Village audit for a cost of between $3,400 to $3,600. 5 Ayes Councilman Baumgartner's Report MSP (Baumgartner Hodges) To approve the subdivision request for John Kelner to divide Lot 1, Spring Lake Park Knolls Addition into the East half and the West half thereof. MSP (Baumgartner- Hodges) To authorize the issuance of a building permit for a Crown Auto Store at the Northwest corner of Highway #10 and Sunnyside Road subject to payment of a fee, approval of plans by Village inspectors, and approval of a Highway #10 exit as per the Planning Commission's request. MSP (Neisen- Johnson) To approve the issuance of a remodeling permit to Fedor's Market at 5491 Adams Street to construct an 800 square foot addition. Attorney Meyers was requested to investigate the status of Liberty Street in the vicinity of Highway #10 and Highway Avenue. Councilman Baumgartner reported that the Recreation Commission met on September 27, 1973. MSP (Baumgartner- Hodges) To adopt Ordinance No. 203 describing the position, duties, and qualifications of a Parks and Recreation Director. 5 Ayes; Councilman Hodges' Report ouncilman Hodges reported that he has received for Council review an agreement from a community involved in a joint civil defense effort with another community. He also added that the Mounds View Civil Defense Plan is almost completed. Councilman Johnson's Report MSP (Johnson Neisen) To accept with regret the resignation of James Schlichtmann as public works superintendent leaving open at this time the effective termination date. MSP (Johnson Hodges) To direct the attorney and administrator to prepare an ordinance describing the position, duties, and qualifications of a public works director. 5 Ayes, 5 Ayesi` 5 Ayes'; 5 Ayes 5 Ayes -6- MSP (Johnson Baumgartner) To authorize the start of the recruitment and selection process for a public works director. The position to be filled approximately January 1, 1974. Councilman Picker's Report Councilman Picker announced that the Lakeside Park Commission mgt o., September 26, 1973 at 1Which additional lighting for the pa:k was arranged and a tree planting program was authorized. The next Lakeside Park Commission meeting is October 16, 1973. Attorney Meyers' Report MSP (Baumgartner-Johnson) To authorize Attorney Meyers to amend the Village subdivision regulations relative to the taking of cash or lands for parks to conform to the new State Law, giving the Village the option of determining whether to accept cash or land. 5 Ayes The Council is to discuss redefining what is a subdivision at their next meeting. MSP (Neisen- Johnson) To adopt Ordinance No. 204 amending the Mounds View Snowmobile Law relative to the hours of operation on Friday and Saturday evenings, changing the hours of operation from 7 a.m. to 11 p.m. to 7 a.m. to 12 a.m. 5 Ayes MSP (Johnson- Hodges) To direct the Mayor to sign the architectual contract with Walijarvi and Associates if the contract is non contradictary with the letter signed by Mr. Walijarvi and the Village prepared by Attorney Meyers dated October lst. MSP (Hodges- Baumgartner) To authorize the Mayor and Clerk to sign a quit claim deed for the Willmus Properties easement relocation. Engineer Comstock's Report Engineer Comstock explained the drainage problem at Groberg and Jackson Drive noting the cleaning of the ditch system could be performed for approximately $1,600.00 or a pipe could be constructed at a cost of about $14,000.00. In any case, grades are relatively flat and both above expenditures would only provide a temporary solution to the problem of standing water at Groberg and Jackson. MSP (Johnson- Hodges) To set an improvement hearing to consider a solution to the drainage problem mentioned above for November 12, 1973 at 8:30 P.M. MSP (Neisen Johnson) To approve addendum No. 1 to the preliminary report and cost estimate for Project 1973 -4 extending the sanitary sewer from Ardan and Long Lake Road north approximately 1,100 feet. MSP (Johnson Baumgartner) To adjourn at 11:37 P.M. Respecfully Submitted, Dennis S. 40 a, Clerk Administrator