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HomeMy WebLinkAboutMinutes - 1975/05/27PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A regular meeting of the Mounds View City Council was called to order by Acting Mayor Hodges on May 27, 1975 at 8:00 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, Mn. 55112 Present: Councilman Hodges Councilman Baumgartner Councilman Shelquist Absent: Mayor Johnson Councilman Pickar Also Present: Clerk -Adm. Achen Attorney Meyers Engineer Bearden MSP Shelquis*- Hodges) to approve the minutes of May 12, 1975 with the following corrections noted by Councilman Shelquist. Page 3, 3rd paragraph should read the main floor of the home at least two "feet" instead of inches. Page 3 Mction by Johnson seconded by Shelquist after word hardship insert "which exists the size of lots in Block 2 are substandard due to City taking of easements on east /west segments of Knollwood Drive. Page 9, Pickar's Report last paragraph should state Councilman Pickar asked about refinishing of the desks and file cabinets for the new addition. Page 10, should state there is no maximum number of off -sale licenses in the eighth line from the bottom of the page. Councilman Hodges noted a spelling error in Mayor Johnson's report change "appoing" to "appoint." 3 ayes MSP (Shelquist- Baumgartner) to approve the minutes of the special meeting May 21, 1975 emergency meeting as presented. 3 ayes Councilman Baumgartner asked to have clarified the reason for Resolution No. 675 as stated in the meeting. Attorney Meyers said the purpose is two fold: 1) to state for the record that the city council had determined that there was a disaster so that whatever emergency action that was taken was authorized by the City; 2) to forward to county, state, and federal authorities Resolution No. 675 setting forth facts that occurred during the storm. Hopefully we will receive aid in recovering some of the dama ?e through their funding. Acting Mayor Hodges commented that these authorities look at the storms in terms of dollars and cents for federal funding. Attorney Meyers said last time we had tornado damage, 1965, the President declared a national disaster. It was easier to get funding. There is some funding that may be obtained but it will be limited. Steps to obtain loans through Small Business Administration to help restore homes are in the mill and we don't know the outcome. Administrator Achen stated on May 23, 1975 the county passed a resolution declaring MV and NB disaster areas. However, federal regulation stipulates that there must be $1.1 million uninsured losses to qualify for federal disaster aid. Mr. Aldon Johnson, owner of the Mounds View Mobile Home Park, said they are working of figures of damage. He said most of the damage incurred in the storm was to individual homes. The biggest problem is with insurance adjusters. They are too busy to get out to see the homes. Administrator Achen reiterated that only the uninsured losses would be eligible for aid if it is granted. -2- May 27, 1975 Mrs. Larson asked how this was handled before in 1965 when the tornado hit Fridley. Someone told her they had money then to help clean up. Attorney Meyers said this was because they did have federal aid for the disaster. This is a different situation because the damage at the park was incurred on private property. Attorney Meyers said he doesn't hold much hope for funds coming in frcm anywhere due to the localized nature of the disaster. Indications already received are that the funding would be limited. Insurance companies are responsible for clean up but they have a limit on what they are responsible for. Some of the people barely have enough coming to cover the chattel mortgage. Attorney Meyers said that Mayor Johnson had been at a meeting at the park and mentioned if people were in a position to take a new mobile home, they would be better off doing this if it could be done. Unfortunately it can't be done in all cases. Attorney Meyers said in 1965 the City demolished and cleaned out the damaged houses, and picked up demolition costs and were reimbursed through federal aid. The park being all private property does create a different aspect from the 1965 disaster. Mr. Johnson said they appreciate all the help the City can give. He said he never saw anybody take over the way they did here. The National Guard, Civil Defense, Salvation Army, etc. He thinks most insurance companies are with them and are trying to do their best. There are a few that present problens because they will not make a decision as to what can be done to clear up the damage. He said they are pressing like mad to get the park cleaned up and settled. Councilman Hodges said the only thing the City can do is if there are insurance companies that are lagging their feet, have the State insurance commissioner step in. Mr. Johnson said it would be helpful if someone from the State could come in and make determinations as to what is unsafe for habitation. Attorney Meyers said the City has a duty to go in and take police power if it is a public health and nuisance problem. Mrs. Larson said in 1965 they went right into Fridley and pulled the trailers out and now in the Mounds View Mobile Home park the people have no choice but to wait until the insurance companies get them to do something. The adjusters did have until last week to come in and they did not show up to see the people and adjust their claims. If they don't come this week, we can give a list of these parties that are still waiting and the City knocked the houses down. The message to get across to the insurance companies should be that if something isn't done by Friday, the City will have to do something about it. Mr. Johnson said they told the insurance companies that last week but they said if that is the case they want a chance to tell the City their side. Mrs. Larson said the salvage companies that are working in the park are cleaning up here and there and don't really get much accomplished'in the way of getting_ the debris cleaned up. If they would work in a joint effort they could get the debris cleaned up much faster. Attorney Meyers said if the City is forced to take police action and doesn't have any place to look for reimbursement, we may be forced to look at the park for some kind of assessment. Mrs. Larson asked if there was any chance the state could red tag the homes that are unsafe to live in. There is one trailer that the repairmen looked inside and said they would not touch. Walter Skiba, Building Inspector, said the park should contact him in that case. Mr. William D. Clark, resident of the park, said it appears to him that if tir. Johnson owns the park, couldn't he ask for someone to come in and remove tie damaged trailers. Attorney Meyers said it would help if the City_ were invited in. Acting Mayor Hodges said all the work done by City maintenance etc., is cc, ting tax dollars. Administrator Achen commented on the number of hours worked by Citizen's Band United, National Guard, Salvation Army, Red Cross and others. -3- Mrs. Larson reported that they did a good job of patrolling and worked over the weekend. MSP (Hodges- Baumgartner) to recess the regular meeting and call the special hearing to order to consider subdivision request of Keith Harstad for Greenfield Plat No. 3. 3 ayes Mr. Harstad presented his preliminary plat to Council and explained the parcel was bounded by Bona Road on the west, County Road 1 110 feet south of the south boundary, east side is Edgewood Drive. The street is completed but sewer and water was installed in the early 1960's. North side of property abuts Lund's Second Addition. It is a relatively small plat with 16 lots, 90 X 130' is the smallest lot, there are a couple lots at 105 X 130'. He said an easement is planned through the center of the plat in an east /west direction. Another easement north and south extends only to the center. He suggests this easement be extended and the east /west easement be increased another ten feet. The plat shows ten feet on the two 105 foot lots. There is no objection on his part to this. He said he started on this plat a couple years ago and he got in a tither about the park fund dedication. Now he feels it was rather childish on his part, so he has decided to pursue the platting again. He said he shows a ditch in the central part of the map on the east /west easement with a projected culvert 100 feet through the center of the plat. He said the front yard should have a ditch and conduit. He does not want to hate water problems either. He asked that the east /west conduit be left open. He thinks that Rice Creek Watershed prefers it left open and it should be landscaped and designed better than if it were closed. Lots 6,5,4,3 have undesireable soil that has to be removed and he plans to fill because they are relatively low. He envisions some kind of split entry walkout. Mr. Harstad said he realized that he would not be able to have full basements in this area because of the water table. He said he agreed there should be a ditch in the front and there is some concern that if he plats this the way it is, he will abandon Lots 4, 5, and 6. He said he felt the Planning Commission had the two things confused: one is the platting and the other is the installation of Edgewood Drive. They asked for a front ditch on Edgewood D He has not done it because he feels this is an engineering function. If the street is a problem it will be assessed against the property. He doesn't think the street has to be part of the approval of the plat and if it is, he still wants the street anyway, but is concerned right now with the platting. Councilman Hodges said if the sewer and water went in we must have some record on the type of soil that is there. Mr. Harstad felt that the soil wasn't a singularly oppressive problem due to the fact that sewer and water went in without piling. He said he did some soil tests before he purchased the land and is willing to subject himself to any kind of an agreement. Engineer Bearden commented that he had spoken to Mr. Harstad at 3 p.m. He said the water went in in 1960 and sanitary sewer in 1965. Mr. Bearden said he did not find any soil borings on record but the people who worked on the project remembered there was a lot of peat. Mr. Harstad said that the tests he took before he bought the lai;cl revealed that the land around Hillview is not bad and around the wellhouse she land is very good. The la- on the other side of the street roughly 400 feet has bad soil. Councilman Shelquist said the original request was to surface Greenfield so he had referred it to the Planning Commission because Mr. Harstad had been before -4- the Planning Commission about 1 -1/2 years ago and discussed putting in a planned unit development. Mr. Harstad said that he started about two or three years ago with a preliminary plat and during the course of this the ordinance about the park fund came to pass. He thought it was ridiculous and since he owned the swamp he would dedicate that to the City, but the Planning Commission would not go along with that. The only place that there is high ground is on the north and some on the west. He needs to get the plat through so he can deed the land on Bona where he has two houses sold. Councilman Shelquist reported the night Mr. Harstad's son came to the Planning Commission he had the wrong name on the road. Consequently they made requests and tabled the motion. Councilman Shelquist said his question.is if we are going to allow the plat to go in aren't we going to eventually put Edgewood through. He said he was not at the Planning Commission meeting when the original request was presented. Councilman Baumgartner said he was there and this was discussed. Mr. Harstad said approval had been given to his request and they asked that he widen and extend the north /south easement. Councilman Baumgartner said he retailed the planned Unit being discussed and it was suggested larger easements be made. Councilman Hodges said if Mr. Harstad has not gone through the proper channels. the Council cannot continue the hearing. Councilman Shelquist said the public hearing can take place while the Planning Commission has it under consideration, but Council doesn't have to take any action on it. Attorney Meyers read his recommendations given to Council in 1974. Councilman Shelquist said that Mr. Harstad's request had gone before the Planning Commission in 1973 and they approved preliminary plat subject to approval of grading and drainage. On February 27, 1974, P.C. took no action on proposal on land west of Greenfield Plat #3. When the request was made that Edgewood be surfaced he referred it to the PC. Since that time a new comprehensive plan has been processed. Mr. Harstad said he has an urgency about it because hehas eight lots to sell on Bona Road. He thinks someday Edgewood will have to go through, but the labor of his conversation tonight is not the road. Attorney Meyers asked Mr. Harstad if he owned at least 35 percent of the land. Mr. Harstad said he owns over 50 percent of the land. He said the City took 66 feet for road. Attorney Meyers said we have to have a hearing on the road and see what the neighbors think about it. If Mr. Harstad is considering the plat seriously, he should consider the road. Once the plat is approved we have no legal ground to prevent someone for asking for that road. Administrator Achen said city hall received a call today about a home with water in the basement because the water was not draining fast enough from the marsh east of their plat. Engineer B1 =arden said on July 11, 1974, he reviewed the contour map and made several comments regarding easements and drainage which really never have been completely answered. Mr. Harstad said he feels that an open ditch will conduct more water than a closed conduit. The waterway or swale, which would be graded, sodded and landscaped, can handle more water and is what he would like to put in. Mr. Harstad said he suggests that when the road is eventually put in, we should get together and establish reasonable basement elevations for the eight lots on the Edgewood side. The time to set the elevation for the land is after the road ele- vation is established. He reiLerated that Bona ::oad is his immediate problem. Mr. Harstad said the City has perfect control over this side of the plat because he couldn't get a building permit until the road is in. Attorney Meyers asked how do we get rid of the water in the large marshy holding pond. Engineer Bearden said each time a little more land is developed the runoff is increased. Attorney Meyers said the assessment fot the storm sewer s'•ould go on these lots right now. Engineer Bearden felt it should be the responsibility of Mr. Harstad's Engineer to prepare a grading plan. Councilman Baumgartner asked if he was going to develop the lots himself or sell them. Mr. Harstad said he does both. Acting Mayor Hodges felt a hearing should be set for Edgewood Drive. Mr. Harstad said he is trying to get this plat approved. He said the mayor was talking about two separate things. He said it is fine that the hearing for the road be set but couldn't he have approval on his plat. Rice Creek Watershed requested additional information regarding drainage in December 1973. Edgewood very much has to be considered along with the plat. If we put the road en top and things start to settle what will this do to the sewer. This is a public hearing on the plat and is the only public hearing necessary. Councilman Shelquist read a letter from P.CWS District. concerning the east central portion of the plat. He said after the tornado in 1965 the ditch was cleaned out. Acting Mayor Hodges asked if water would drain or back up into the homes north of the plat. Engineer Bearden said there is a fairly good outlet east in the swamp but it tends to back up. Mr. Harstad asked if he could have approval of the plat if he accepted a mora- torium development of the east eight lots until all the studies are in. Attorney Meyers said there are two things that can be done: 1) plat the west side and forget about the east side, 2) approve the whole plat and record the instrument with encumbrances. Mr. Harstad said he will do it anyway Council asks if he can just get something recordable for Bona Road. Councilman Baumgartner said Engineer Bearden just got the information this afternoon at three. Why does Mr. Harstad always wait until the last moment and then push the Council for a rush decision? These homes he has sold were started almost a year ago. He should have requested Council approval then. Engineer Bearden said he had seen the plat previously but there are some things he requested that Mr. Harstad has not done yet. MS (Baumgartner- Hodges) to table the subdivision request of Keith Harstad until the 9th of June awaiting adequate grading information, study by city engineer and Rice Creek Watershed approval. Councilman Shelquist didn't see how Council could divorce the platting from the overall drainage, street and development problems in the area. MSP (Shelquist- Baumgartner) to include the reccommendations of Engineer Bearden that the grade level for Edgewood Drive be proposed by the developer and based on that assumed grade level, the plat plan should show elevations of each lot in the subdivision. Vote on main motion. -5- Councilman Shelquist said the Planning Coimnission has tabled the subject of Edgewood Drive pending receipt of the same information. Public hearing adjourned at 9:55 p.m. 3 ayes 3 ayes Residents request's and comments from the Floor Mr. Warren Johnson, 7710 Greenwood Drive, would like to know and get as much information as he can about who will take responsibility for the water damage to his basement and the standing pool of water in his back yard caused by construc- tion of the Mounds View Square Shopping Center. -6- Mr. Johnson said he spoke to Mr. Paster of Paster Enterprises and was told that Rice Creek Watershed District made him put in holding ponds. Nobody wants to take responsibility for it. Mr. Johnson explained some of the hardship he and his family have been suffering and the damage to his carpet and furnishings since spring thaw. Attorney Meyers asked what it would take to correct the problem Walter Skiba stated the Watershed is coming out tomorrow morning to see the storm sewer before we get an answer. Mr. Skiba said the water from the roof of the shopping center runs off the parking lot and into Mr. Johnson and other residents' yards. Attorney Meyers said he did not know whose fault this problem was but we need' a cure for the problem. Attorney Meyers said if the shopping center is creating a nuisance the City can do something to have the owner of the shopping center take care of it. Mr. Johnson asked if he could su-: the Rive Creek Watershed District. Attorney Meyers said they would Yrnbably refer it back to the City and the City would in turn have to sue the developer. M (Hodges) to stop further construction on the shopping center until the temporary problem is alleviated and taken care of through our building inspector. Motion died for lack of a second. MSP (Baumgartner Hodges) that Paster Enterprises be notified of the problem and that if by May 30, 1975, an adequate temporary solution to the water draining across County Road I is not installed then his building permit be revoked as of June 2nd. 3 ayes MSP (Shelquist- Hodges) to amend the motion to specifically state that the above is to temporarily prevent additional water from running across County Road I and that abatement is to be accomplished by Friday, May 3G., 1975, and in addition, Paster Enterprises is given 30 days from May 28, 1975, to present a permanent solution to the water runoff problem. 3 ayes Mrs. Lenerts, 2609 County Road I, said she had also experienced water in her basement due to the runoff from the shopping center. Mr. William D. Clerk, resident of the Mounds View Mobile Home Park, said he would like to know about the possibility of getting another entranca and exit to the park possibly by extending Belle Lane. He feels it is a hazard to only have one exit in instances of disasters such as the one recently experienced. Attorney Meyers said Council might consider some type of emergency opening or extension of the road. Tie downs on the mobile homes might also be required. Walter Skiba said he thinks the State may make this mandatory. Mr. Alvin Hillsdale, 7C130 Spring Lake Road, reappeared before Council with his minor subdivision request. He said he had appeared before the Rice Creek Watershed to obtain their approval of his plan to subdivide his lot and build a new home on the new lot next to the lake. The Watershed Board told him his house has to be at least 50 feet from the high water mark. Mr. Hillsdale changed his initial plan by moving the house and using a tuck -under garage to comply with the Board's request. MSP (Shelquist- Baumgartner) to grant Mr. Hillsdale's subdivision request as approved by the Rice Creek Watershed District per their letter dated May 16, 1975, with his amended house plan placing the garage under the house so that it is a minimum of 50 feet from the high water mark. 3 ayes MSP (Hodges Shelquist) to adopt resolution No. 676 expressing appreciation for the volun assistance received during the tornado emergency. 3 ayes Councilman Baumgartner commented on the Citizen Band United group that helped during the emergency. He said the people had come from 40 to 50 miles away and their leader, Dale Anderson, was at city hall from 5:00 p.m. Monday until 5:00 p.m. Thursday with only four hours sleep which he managed to get on the floor of one of the offices. Councilman Shelquist said he wanted to make one additional comment on the tornado emergency. He commended Mark Achen, Clerk Administrator and Civil Defense Director for Mounds View. He said for not having much of an organization under him and the first time he was faced with an emergency he was very cool about all his actions and he felt Mr. Achen did a commendable job directing the effort. Councilman Baumgartner agreed. MSP (Shelquist- Baumgartner) to set a public hearing for a major subdiviRion request of Harley Rasmussen, 8380 Red Oak Drive for June 9, 1975 at 8:30 p.m. providing that a recommendation is made by the Planning Commission at the May 28, 1975 meeting. 3 ayes Administrator Achen's Report Administrator Achen presented proposed change order:in city hall addition contracts: 1. Fire code exit sign at top of north stairwell $58.00 2. Relocation of power outlets in the main clerical administrative section $160.00 MSP (Hodges Baumgartner) to approve change order E -1 as explained by Administrator Achen. 3 ayes Administrator Achen recommended appointment of Micha Moran. He said he has sent a letter offering her the position asking her to respond in writing by today, but she is on vacation, so we do not have her formal acceptance yet. He asked that Council authorize him to appoint her under these conditions. He also requested authority to evaluate and make recommendations regarding clerical staff pay scales. He said evaluations should be made in terms of the positions and the work they are doing compared with that of other Twin City metropolitan municipalities. MSP(Hodges- Baumgartner) to give the Administrator permission to hire Micha Moran at the hourly rate of $4.05 per hour effective June 9, 1975 and authorize him to evaluate and make recommendations regarding clerical staff pay scales. 3 ayes Administrator Achen read a proposed resolution establishing formula for determination of administrative costs to be charged ca, improvement projects and providing for transfers of monies to general fund for stcc: costs. MSP(Shelquist- Baumgartner) to approve the following bills: Voided Checks nos. 10284, 10285, and 10360. General Fund Checks #10389 through 10747, Payroll account #1169 -1172, Transfer check #10475 transferring $12,593.15 from General, $1,080.30 from Water, $1,560.70 from Sewer to pay gross pay of May 30, 1975. Payroll checks No. 1932 through 1968, total di5'.ursements $35.693.45, with a correction to add check number 10445. 3 ayes MSP(Baumgartner- Shelquist) to approve the following licenses: general contractor Advance Mobile Home Repair, W.F. Bauer Construction, Buzzell Builders, L L Construction, M.G. Enterprises; roofing -The Quimby Company; solicitor peddlers- Marilyn Gum (waiving fee). 3 eyes MSP(Hodges Shelquist) to approve licenses for: Mermaid Lounge, off sale/on sale Sunday intoxicating; Anchor Inn, on -sale intoxicating /Sunday; Donatelle's Supper Club, off -sale, on sale Sunday, restaurant, cabaret; Launching Pad, on -sale Sunday, Simon's Liquor Store, off -sale intoxicating; B R Liquors, off -sale intoxicating; Bel -Rae Ballroom, set up and dance. 3 ayes Administrator Achen said the background check of Robert Bell revealed -8- no indication that there might be a reason to withhold the license. License authorities indicated he had been very cooperative in the cities of Minneapolis and Shakopee. Administrator Achen said since we have moved to the new administrative area it is more difficult to have people using our phones. We do need a pay phone in the hall for people who need to make calls. Councilman Shelquist' wanted the Administrator to try to get some kind of an agreem-nt to pay a flat fee minus the proceeds. Administrator Achen said he will check into it. Administrator Achen said he plans to purchase steel office furniture through Ramsey County Purchasing contract with P.M. Johnson Company. Administrator Achen said the assistant building inspector Victor Hansen was a retired carpenter who was unable to climb and perform some of the duties necessary. He is presently seeking another assistant for the building inspector. Councilman Baumgartnerle Report Councilman Baumgartner said he did mention at the last Council meeting the name -a -park contest had 400 entries that were narrowed down to six. Last Wednesday night only one person in attendance on the park and recreation Commission due to the severe storm so the Commission will name the winner at a later date. Councilman Shelquist's Report Councilman Shelquist reported that May 28, 1975 is the regular scheduled meeting of the Planning Commission meeting at 7:30 p.m. at city hall. Administrator Achen pointed out that local 320 arbitration should begin on June 9, 1975. We are supposed to have an answer ten days after arbitration. MSP (Baumgartner Shelquist) to adjourn at 12:00 Midnight. 3 ayes Respectfully submitted, 17 Ce V/f/L. Mark Achen