Loading...
HomeMy WebLinkAboutMinutes - 1973/10/23A Regular Meeting of the Mounds View Village Council was called to order by Mayor Nelsen at 8:15 P.M. on October 23, 1973, at the Mounds View Village Hall, 2401 Highway #10, St. Paul, Minn. 55112. Present: Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar MSP (Hodges- Johnson) To approve the PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW COUNTY OF RAMSEY Also Present: Attorney Meyers Engineer Bearden Clerk- Typist Arlene Peddycoart' Absent: Clerk- Administrator Zylla minutes of October 9, 1973. Residents Requests and Comments from the Floor: Robert Engwer, Business Manager of the Mounds View School District, again related the problems of overcrowding presently experienced at Red Oak Elementary School and reported that they have been looking at trailers and different types of portable units to be used as additional classroom space. He presented a picture of a864 square foot portable building designed for classroom use complete with coat racks, chalk boards, and electric heat. They are proposing to take bids on November 9, and then report back to the Council with plans approved by the State Board of Education, and School Board to then ask for Council approval. Mr.- Neisen relayed a message from Clerk- Administrator Zylla stating that the Village more complete construction plans for building inspector and fire chief. Also, the plan must be signed by a registered architect and the building should be placed to the rear if possible. Mr. Richardson, principal of Red Oak School, stated originally they had thought of locating in the north. This was impracticable, however, because the entrance to the portable classroom would be too far from any adjacent doorway, and the sewer line runs along the east end of the building. Councilman Johnson asked about relocating on the northwest corner. Mr. Richardson stated that it was not close enough to entryways on ground level, they would have to go up a flight of stairs, making it difficult to move equipment. Also, with present plans for placement of building, they have access to fire exits, entryways, and sidewalks. Mayor Neisen commented that no formal action would be taken at this time and this was just an updating on the progress of planning for the classroom. Mr. Engwer asked Mayor Neisen for an indication of what Council opinion may be after they receive approval from the State Board of Education, fire chief, and plans signed by a registered architect. Mayor Neisen said he felt if there is a need, and for a temporary solution if we can get by with this for two years, he would be in favor of the classroom. Councilman Baumgartner concurred with Mayor Neisen. Councilman Hodges also felt in view of circumstances, he would favor this type of classroom. Councilman Pickar stated that he was in favor of the plan as it stands now. Councilman Johnson said he would vote in favor also, however, he would like to see it on the northwest corner adding that it should be noted that this is only a temporary structure and didn't 5 Ayes -2- feel we should ask residents to look at this as a permanent structure. Bill Edds, of Programmed Lands, inquired about the street vacation in the proposed plat of Programmed Lands. Attorney Meyers explained that Mr. Edds' plat required Council approval and a hearing to vacate the street would have to be set. MSP (Neisen- Pickar) To set a hearing date for November 12, 1973 at 8:15 with publication, of ad to be November 1, and 8. Mr. Edds stated that he had presented a sketch plan at the last meeting of the Planning Commission and that he would be bringing a preliminary plat to the Planning Commission meeting tomorrow evening. Mayor Neisen reported that the Anchor Inn was supposed to close this week and that they were notifying contractor's to proceed next Monday. The Mounds View Shopping Center had some problems with financing among other things and the earliest construction would be May 1, 1974. Mayor Neisen presented the Mounds View Safety Manual, written for the Village, ready for adoption and asked if there were any questions on the manual. MSP (Johnson- Hodges) To adopt the Mounds View Safety Manual. Mayor Neisen announced that the committee would include Larry Decheine, representing the working personnel, Rollin Erickson, representing the public or third party, and Dennis Zylla, Clerk- Administrator. MSP (Hodges Baumgartner) To appoint Larry Decheine as the Safety Committee representative from the Village working personnel. The Regular meeting was recessed at 8:30 P.M. MSP (Johnson Pickar) To recall the special hearing to consider the drainage problem between Sherwood Road and Laport Drive west of Jackson Drive to order at 8:30 P.M. 5 Ayes Attorney Wegner, representing Mr. and Mrs. Birkeland appeared with his clients to clarify where they stand in this issue. Attorney Meyers reiterated events leading to the hearing and developments of the hearing held on October 9, 1973. Attorney Wegner stated that he had gone over this with Arvid Birkeland and Arvid said he had talked to Walter Skiba about this at some length two years ago. Arvid said he asked if the Village would be inclined to put in a drain pipe and he was told that the Village did not have funds at that time. So, Mr. Birkeland had asked if it would be alright if he did it on his own. About a year later, this spring, they went there and talked about a swale pipe. Lot 7 is the only lot in Birkeland Addition with problems and when Arvid and Walter Skiba talked about this Arvid told Mr. Skiba if there is something done about this, he was only interested in doing something about property in his addition. He never owned Laport Meadows and never intended to do anything about Laport Meadows. He didn't feel the lots in his addition which were high and dry were his problem. If there are lots in Laport Meadows with water in their basements, certainly we could 5 Ay 5 Ayes -3- not ask Arvid Birkeland to take care of that and Birkeland Addition should not be assessed for that. Arvid did not want people who bought from him to have to pay. Walter Skiba said he knew that Birkeland Addition was dry, but it was people to the north of this addition that had problems from water that was running down f rom Birkeland Addition. Arvid Birkeland's lots contributed to the low area and he should have contacted people on the north side to do something about it. Mr. Birkeland stated that he had silt taken out of the back of Lot 7 and paid to have good fill hauled in. Mr. Wallace stated they did put fill in but the back was still low. He said if he fills his yard up to grade level he will cause someone else to have a problem. Councilman Baumgartner asked if the fill was bought and paid for by Mr. Birkeland. Mr. Wallace said yes. Mr. Wegner asked Mr. Wallace why he had placed the dirt in the front instead of back where it was low. Mr. Wallace said if he had put it in the back, it would have directed water up into his windows. Mayor Neisen stated that the drainage of water was necessary for health and safety factors for residents of the area, water has stood deep enough for children to drown. Mr. Wegner stated that Mr. and Mrs. Wallace spent a month at this model home, viewing the home. They knew the low land existed and the house existed in its present position. This problem was discussed with Mrs. Wallace. Mr. Wallace was not present at the discussions between Birkeland and Mrs. Wallace. This was a consideration in fixing the price of the home at the time it was sold and then afterwards when Wallace complained Walter Skiba and Arvid Birkeland went there to look at the problem. There was some break down in communications and Mr. Birkeland hearing nothing further had tried to remedy this. Councilman Johnson stated that there was one lot designated to be granted to the Village for a storm sewer pipe along one side of the property. It is common knowledge that Mr. Birkeland agreed to grant an easement to that lot. The Village, Walter Skiba, and the homeowner knew about it. Mrs. Schreyer, 8120 Jackson Drive stated they were never told about easements, drainage or anything at the time they purchased the lot. Birkeland's wife handled the selling of the lot and she did not tell us anything. She stated that she had to sign a statement allowing for an easement at the Village Hall before a building permit was issued. Councilman Johnson asked how many lots there were in Birkeland Addition. Mr. Birkeland stated that there were ten. Councilman Johnson asked Arvid Birkeland where water falling on the back of yards goes after a heavy rain. Mr. Birkeland replied that it runs into Lot 7 due to the low spot. Councilman Johnson then asked Mr. Birkeland if lot 7 was filled to grade, would water be dispersed to a wider area. Mr. Birkeland replied yes. Councilman Baumgartner asked if there was some financial consideration involved and therefore did Mr. Wallace have to pay X number of dollars less for the property. 4- Mr. Wegner said the house was appraised at $40,000.00 and was sold for $38,000.00 r and this appraisal was based on a firm appraisal from financial institutions. A difference of $2,000.00 was due to the fact the lot was Iow. Attorney Meyers asked if there was a grade on the back of Lot 7. Mr. Birkeland said top soil was taken off and a lot of fill hauled in. Mr. Birkeland stated he contacted more than one professional excavator and they had told him the water would go through the sand better than a drain pipe and putting in a pipe wasn't a good idea. Walter Skiba reported that there are no drainage assessments in that area. Mr. Phil St. Louis, 2309 Sherwood Road said he had no objections to a pipe placed across his lot if it was returned to a state of reasonable repair. Mr. Lyle Nelson, 2357 Sherwood Road stated he has lived here for five years and has had no problems. Councilman Baumgartner asked if the reason the hole was dug in the back was to bring the fill out to set the home up higher. Mr. Birkeland said he graded it out and from the high lines pushed dirt forward pulling dirt out of the slew in back to get at sand for water to perculate through. Mayor Neisen announced with regret that the hearing would be continued on November' 12th at 8:30 P.M. and hoped it would not inconvenience persons involved. But, in view of the fact that Mr. Wegner requested a chance to speak to the Village Attorney to discuss this problem, the hearing would be continued. MSP (Neisen Pickar) To continue the hearing on November 12th, at 8:30 P.M. to grant the attorneys time to discuss this problem. 5 Ayes Councilman Johnson inquired if the matter of the $2,000.00 grant of money to allow for this was mentioned on the purchase agreement. Mr. Wegner said it was. At this time, the residents presented an objection to the improvement and the assessment, but not so much if the assessment was not there. Mayor Neisen asked for roll call to continue hearing two weeks from last evening. 5 Ayes MSP (Johnson- Hodges) To adjourn the special hearing at 9:25 P.M. 5 Ayes The Regular Meeting was called back to order by Mayor Neisen. Mayor Neisen's Report Mayor Neisen commented on a letter he received from the North Suburban Day Activity Center. Our percentage of support for this Center is $629.40. MSP (Neisen Hodges) Granting payment of $629.40 to North Suburban Day Activity Center, Inc. 5 Ayes Mayor Neisen also commented on a memorandum received from the Subcommittee on the Metropolitan Council informing interested parties that a meeting will be held on Motion amended. -5- Wednesday, October 24th, at 7:30 P.M. at the Blaine City Hall concerning sewer system, transportation, airports, mosquito control, and others. Clerk Typist Peddycoart's Report MSP (Neisen-Johnson) To approve licenses: Asphalt Modern Roadways Company; General Contractor Eas Enterprises Water King Cond. Division; Heating Schwantes, Inc., West End Air Conditioning Co., Plaster /Stucco Twin City Plastering Inc.; Sewer Water Hank's Excavating, Galaxy Mechanical Contr.; Peddler Solicitor Edward A. Septon; Transient Merchant Cub Scouts Boy Scouts, Pack 714. Mayor Neisen requested waiving of the fee for the Boy Scouts application. 5 Ayes MSP Pickar- Hodges) To approve the bills: General Fund checks #7797 thru #7848, Payroll checks #600 thru #629, and Payroll Account checks 1050 thru #1052, and transfer check #7849 transferring $10,733.04 to Payroll Account to pay gross pay of 10- 30 -73. From General $8,588.54, from Water $1,379.00, from Sewer $765.50. Total disbursements $22,362.45. MSP (Johnson- Hodges) To approve the appointment of the following election judges and counters: Precinct No. 1: Judges Marilyn Benolkin, Chairman; Evonne Tauer, Isabelle Wille, June Schleiss. Counters Joan Godeke, Chairman; Barbara Haake, Henrietta Hjelle, Helen Kuntz. Precinct No. 2: Judges Doris Welty, Chairman; Ruth Cox, Dorothy Winters, Geraldine Erickson. Counters Jean Miller, Chairman; Judy Dreshar, Mary Linde Dickman, Shirley Sinderson. Precinct No. 3: Judges Lenore Kinderman, Chairman; Jan Mortenson, Ann Bendt, LaVonne Rentz. Counters Isabelle Schumacher, Chairman; Rose Brown, Tom Dougherty, Ruby Gerner. Precinct No. 4: Judges Bernard Falck, Chairman; Betty Piehowski, Cathy Westling, Ruth Larson. Counters Donna Fearing, Chairman; Ralph Hanggi, Vivian Hjelm, Russ Grant. 5 Ayes MSP (Neisen- Hodges) To set the pay scale for election personnel as follows: Chairman $2.50 per hour, Counters $2.25 per hour, Judges $2.00 per hour. And authorizing Ma -y LaVaque to work in the office the evening of the election. 5 Ayes Councilman Johnson's Report Councilman Johnson acknowledged receipt of a letter from James Schlichtmann dated October 11, 1973 which stated that William Hanggi has satisfactorily completed his probationary period. 5 Ayes MSP (Johnson Hodges) To authorize a $50.00 per month raise in salary for William Hanggi effective October 16, 1973. 5 Ayes Councilman Johnson received a petition dated October 10, 1973 requesting street lights on the 8200 block of Sunnyside Road. MSP (Johnson Pickar) To approve the installation of a street light at 8260 Sunnyside Road. 5 Ayes Mayor Neisen slated that NSP has installed the street light posts in the new addition of Red Oak Estates. -6- Councilman Johnson asked Mr. Bearden about what appears to be rust spots on Water Tower No. 1. Engineer Bearden said that sometimes dirt may °collect and cause black spots. The tank had been inspected on the inside with a gauge used to measure the paint thickness and inspected visually from the ladder of the tank. The old paint had been removed by sand blasting according to specifications. Councilman Johnson asked Engineer Bearden for details on the water main break at the Industrial Park. Engineer Bearden replied that he had talked to the contractor and the project is still under warranty, The contracter, A. Y. McDonald, will make the repair. Councilman Baumgartner's Report Councilman Baumgartner reported that the Park and Recreation Commission meeting for this month will be held on Tuesday, October 25, at 6:30 P.M. The point of interest will be hiring a Parks and Recreation Director. Seven applications have been received to date. The Commission will be studying the applicant's qualifi- cations. The Planning Commission will meet tomorrow night at 7:30 P.M. Councilman Pickar's Report Councilman Pickar stated that the Lakeside Park Commission met last Tuesday, October 16, 1973. Indications from NSP are that new lights could be installed during November. The skating program is scheduled to begin December 15th. The lights will include parking area, picnic area. The spot lights for the skating and playground areas will improve the area and may cut down on the amount of vandalism. The Human Rights Commission is meeting tonight. Attorney Meyers' Report MSP (Neisen- Baumgartner) To adopt Ordinance W205, defining the position of the Clerk- Administrator. 5 Ayes MSP (Pickar Baumgartner) Adopting Ordinance #206 entitled Public Sites, Parks and Playgrounds. 5 Ayes Attorney Meyers reported on the controversy over the side yard set back for 2800 Laport (2032 Laport). He stated that Chapter 40.05 Subdivision 2D, 2, Page 16 clearly defines driveways and in his opinion the subject at 2800 Laport was definitely part of the driveway. Attorney Meyers presented a memorandum "Discussion Relative to Parking Lot and Driveway Conditions Affecting Businesses Licensed for the Sale of Liquor. Engineer Bearden's Report Engineer Bearden spoke on the Groberg Jackson drainage problem. There are at least two things that can be done: clean out ditches or shallow extension to surface water drainage system. At any rate, the area that would be affected by the rTh assessment would be large and those benefited would be small. Mayor Neisen felt that what is proposed is not a solution, and looking at what's involved there is no way we can get the people in the drainage area to concur with storm sewer that would cost $14,000.00. Mayor Neisen suggested that a basic ditch cleaning may not answer the problem either. After some discussion, Mayor Neisen felt that in view of the limited benefit, and having to wait for Bell Telephone to move out of the area, it would be advisable at this time to just clean the ditch and not spend any more time and money on it. MSP (Johnson- Hodges) To cancel the drainage hearing set for November 12, 1973 at 8:30 P.M. and to send a letter of explanation to Larry Schackleford, 5480 Jackson Drive. -7- Attorney Meyers said he had been confronted in regards to excavation on County Road H2 and Highway #10 being done without permit or bonding. Attorney Meyers stated that persons performing excavating must present a grading plan whenever there is sand blowing and provide for seeding. MSP (Johnson Pickar) To authorize Dennis Zylla to concur with Attorney Meyers in regard to grading of property without a special use permit at County Road H2 and Highway #10, property belonging to Robert Waste. If he is found in violation, the building inspector is to take appropriate action. MSP (Johnson Baumgartner) To adjourn at 10:15 P.M. Respectfully Submitted, q', Arlene Peddycoart, Clerk- Typist 5 Ayes 5 Ayes 5 Ayes