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HomeMy WebLinkAboutMinutes - 1975/06/09PROCEEDINGS 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 Mayor Johnson on June 9, 1975 at 8 :05 p.m., at Mounds View City Hall, :401 Highway 10, Mounds View, Mn. 55112 Present: Mayor Johnson Councilman Hodges Councilman Baumgartner Councilman Pickar Councilman Shelquist Also Present: Clerk- Administrator Achen Attorney Meyers Engineer Bearden MSP (Shelquist- Hodges) to approve the minutes of the Council meeting on May 27, 1975 with the following corrections, Page 5, "Councilman Shelquist read a letter from RCWS District" should precede the second paragraph on the page. Councilman Hodges statement, second paragraph, 18th sentence should be changed to say "dragging" their feet instead of "lagging" their feet. Page 8, 9th sentence, the Administrator was directed to check into a pay phone for the city hall. 5 Ares MSP (Hodges Pickar) to approve the minutes of the special meeting of June 5, 1975. 5 Ayes Resident's Requests and Comments from the Floor Mrs. Betty Molter, League of Women Voters representative, presented the Council with a study entitled "7 Counties in Transition She also reminded Council of the June 21 meeting in Centerville, which will be the last Rice Creek Watershed District Board meeting for public input before adoption of their proposed plan. Mayor Johnson thanked Mrs. Moller and the League of Women Voters for the book. Mr. Jerry Hanscom, representing the Mounds View Jaycees requested a pe Tt to sell concessions and beer at their softball tournament June 20, 21, 2Z. Concessions consist of hot dogs, sloppy joes, popcorn, potato chips and pop, and he said they will be responsible for cleaning the grounds. Councilman Baumgartner asked what plans were for the proceeds. Mr. Hanscom said they will help run their chapter and some will go back into the community. Councilman Pickar asked if it was normal to waive the fee on something like this. Mayor Johnson said it has been done in the past. The Jaycees are a very welcome and energetic group for the city. MSP (Pickar Shelquist) for City to issue a temporary beer license for the three day period, June 20 22, waiving the fees normally required. Mr. Ron Julkowski, 7989 Woodlawn Drive, asked if the ordinance changing the square foot maximum allowance on garages had been acted upon yet. Councilman Shelquist reported the recommendation of the Planning Commission was to change the square foot allowable to 864 and he planned to bring it up in his report. 5 Ayes -2- June 9, 1975 Mr. John Bluhm, 7832 Bona Road, asked what Council was going to do with the swamp south of Hillview. Mayor Johnson said he took a drive over there to look at the ditch and Greenfield Park. There is water in the park and in the ditch. He said he could see that presumably Mr. Bluhm is not the only one with water in the basement. Administrator Achen stated that he and the engineer from Rice Creek Water- shed and the City engineer were out to look at the property and felt there was no temporary solution to the problem. Starting at Bona Road the ditch is filled in up to Greenfield Park, so it would be necessary to clean the ditch from Bona to Hillview to Quincy. Councilman Hodges said he also investigated the situation and wondered if it would be feasible to get the ditch cleaned to increase the flow of water. Engineer Bearden said the water is backing up because the ditch is partly filled in from Bona Road. He checked Mr. Bluhm's basement elevation against the elevation of the water in the ditch, and it is 1.8 feet above the water in the ditch. Engineer Bearden stated the water table is high and many people are having water problems this year. Gordon Pittman, 5619 St. Michael Street, stated all the sand from the park should be cleaned out. He does not think the culvert is sufficient. Engineer Bearden said there was a heavy rain that jumped the culvert on the north side of Hillview and washed the sand into the culvert. That sand was removed by the City crew, and sometime last week the water table looked about normal. Engineer Bearden said if the ditch was cleaned out, someone would have to pay for it. ;Mayor Johnson said we know there is a ditch there that has been filled in and it has to be dredged. One other problem is the fact that it is a judicial ditch that runs across county lines making it more difficult to determine who is responsible. It is in the Rice Creek Watershed District. They said if we want to go ahead and clean it we would probably have no problem, but their recommendation is that the whole ditch be cleaned. Engineer Bearden estimated cost at $1,500 just to go from Hillview north beyond the entrance to Greenfield Park. Mr. Bluhm asked who is responsible for the ditch. Attorney Meyers said Anoka County court is involved in the ditch, it might take a court order from Anoka which would probably involve an assessment to people benefitted by any improvement to the ditch. -3- June 9, 1975 Mrs. Moller said we should check with Blaine and see just what their plans are. It did irvolve more than cleaning up the ditch. It involved making the ditch deeper, wider culverts, etc., that will flood Mounds View. Mayor Johnson said they have been bore, and it does have to be combined effort between Blaine and Mounds View. Mayor Johnson asked if water was still coming in Mr. Bluhm's basement. Mr. Bluhm said it was down considerably, about ten gallons per day compared to 100 gallons. Mayor Johnson said a capital improvement project to clean out ditches may be the answer. However, we do not have funds currently available. He asked Mr. Blum to give the City some time to at least see if we can design a program to clean out the ditch and perhaps pay for it with some kind of an assessment. Compounding this problem is an abnormally heavy rainfall and snow melt contributing to high water tables all over the City this year. Mr. Hanscom asked if such an assessment would affect people all over Mounds View or just those living by ditches. Mayor Johnson said that we have to figure who is a benefitting property owner, if your water drains into the ditch, you could be a benefitted property owner and would then share the assessment. The regular meeting was recessed at 8:40 p.m. and the public hearing on the major subdivision request of Harley Rasmussen, 8380 Red Oak Drive, was called to order. Mr. Rasmussen said he has an "L" shaped parcel of land. He requests a major subdivision to divide this parcel into three lots. Mayor Johnson asked how far from north lot line his house was located. Mr. Rasmussen stated it was ten feet. Councilman Baumgartner asked him if he owned the lot directly north. Mr. Rasmussen said no, he sold it three years ago. Mr. Rasmussen said there is a new easement for NSF and an additional 8 feet for Red Oak Drive dedicated on the revised preliminary plat. MSP (Shelquist- Baumgartner) to approve Mr. Rasmussen's subdivision granting three lots and subject to dedication of road easements on Fairchild west to include an 8 foot easement on the front of lot on Red Oak Drive. 5 Ayes Councilman Shelquist said the February 26, Plannin ommission minutes reflect utility easement and an 8 foot easement for Red Oat; Drive per County request. Mayor Johnson Directed a copy of the building permit policy in this area be sent to Mr. Rasmussen. MSP (Baumgartner- Hodges) to adjourn special subdivision hearing at 8:50 p.m. 5 Aye Mayor Johnson called the regular meeting back to order. Mrs. Ronald Michna requested subdivision of Lots 1 and 2, Clearview Addition, to change the two lots on Edgewood and County Road H2 into three lots. -4- June 9, 1975 Mayor Johnson asked about easements for street and utility. Engineer Bearden said there are no easements at present. Councilman Shelquist reported that at the Planning Commission meeting Inspector Skiba recommended a five foot easement and Michna said he would grant ten feet on the west side of each lot, and ten foot utility easement on the south side of the south lot. Mrs. Michna said she would be willing to grant this easement. Mayor Johnson asked about the possibility of a potential storm sewer system in the area. Engineer Bearden said he did not know of any drainage problem there. Councilman Hodges wondered whether a street might ever go through the back lots facing H2. Councilman Shelquist said the Panning Commission addressed this and Mr. Michna said everyone concerned wanted to maintain their present deep lots. The Planning Commission accepted that. Attorney Meyers said the old plat would have to be vacated before this sub- division can be approved. Then a major subdivision would be necessary. Mayor Johnson asked what they intended to put on the lots. Mrs. Michna said single family homes. Attorney Meyers suggested she contact her attorney. He said Michna is in effect vacating and making one big lot and then creating three. MSP (Johnson Pickar) to set a public hearing to vacate and /or subdivide Ronald Michna property on Edgewood Drive and County Road H2 for Monday, June 23rd at 8:30 p.m. Attorney (Meyers said that it would not be necessary for her to go back to the Planning Commission. The regular meeting was recessed at 9:08 p.m. Mayor Johnson called the public hearing to order to determine whe.ier a public nuisance exists in Mounds View Mobile Home Park as a result of the May 19th tornado and whether the special use permit under which authority the Mounds View Mobile Home Park operates shnuld be revoked. Council will consider ordinance to eliminate public health and safety hazards from the Park. Attorney Meyers presented the proposed ordinance. He brought to Council's attention that State authorities had determined health hazards exist in she park and must be corrected. Council has a responsibility to maintain health and safety under Minnesota State Statutes 429.101 amended in 1974. He said Council could do the following: 1) grant a certain time to the owner to accomplish clean up before taking action, 2) special assessment to recover costs, and 3) city can borrow money to do the clean up. Attorney Meyers read the telegram sent to the property owner of the park notifying him of the public hearing. Attorney Meyers recommended Council adopt the ordinance. Aldon Johnson, owner of the park, said they have hqd probably about 9 10 working days in the area and thinks they are doing very well, only 4 or 5 mobile homes are left to be removed. He understood he had until June ;f to get this accomplished. couldn't touch the material or mobile homes on the lots belonging to nrivate individuals and insurance compani_.. They worked the last two days a• n the rain today and got a lot done then:. 5 Ayes -5- June 9, 1975 Administrator Achen said he was at the park today and 11 units still remain that are to be removed. Mr. Johnson said there were 25 red tagged and tonight he solved the last one he had problems with. He though` this approach was unfair. He agreed that there are health and safety hazards. He said he asked for a list from the City of these,, and if the park cannot correct it, they will get someone in there to correct it. Mrs. Larson, manager of the park asked if Administrator Achen in his count of 11 had counted lots where everything was cleaned and loaded on the trailer. Permits couldn't be granted today for travel due to adverse weather conditions so these will be moved tomorrow. Mayor Johnson said Council has no intention of closing the park operation down tonight. However, we have a report that the State of Minnesota health inspector was there with reference to rotten food, maggots, rats, tin, nails, broken glass, sharp metal. Council does not think there is any question that there is a health hazard there. The storm happened on May 19 and in another week it will be 30 days since it happened. ?1ayor Johnson said he thought it would behoove the park owners to do more than what they have done to remove all of the debris in the area. Mr. By=: attorney for Mr. Johnson said when storm hit, it hit only land owned by Mr. Johnson and the debris was from persons homes that lease the land 'Tro. Mr. Johnson. We have contacted insurance companies and owners that own these. It isn't Hr. Johnson's refrigerators, debris, and food. All except one are in hands of salvage, and no permits were issued over the weekend because of adverse weather. With the one exception, every unit 'red tagged is cleaned:up and ready to move. The double unit was solved tonight. He thinks it is manifestly unfair to ask t1r. Johnson to remove the debris belonging to others at Plr. Johnson's expense and thinks the ordinance is entirely premature and Mr. Johnson is doing his level best to get this debris removed. Mayor Johnson said Council appreciates the owner's position, but he mu t appreciate the fact that the City Council is charged with a responsibill`y to protect health, safety and welfare of citizens. If we can cooperate together we can take care of the mess. Mayor Johnson hopeF they appreciate the many hours spent by volunteers, police department and the general city taxes all citizens are spending on behalf of the mobile home park. Mr. Johnson said he indicated his appreciation to all the people who helped at the last Council meeting. His sole problem has been time and manpower. He said people have been very kind and there has been debris and other things around but it has been cleaned up as fast as possible and legal problems are the only thing holding up work. He said, he, the owner could not just Qo in and remove things tha belong to others. Attorney Meyers said we recognize the problem he as owner of the property has However, the City has to make a decision whether a public nuisance and health hazard exist. Mr. Johnson said today or tomorrow everything will he taken care of. Contractors are still working tonigni :_1c aging crime of these things up. The one with the major health hazard will he clared al:av tonight. -6- June 9, 1975 Councilman Pickar asked how long will it take to finish. Mr. Johnson said this week. They are getting loaded and the dump is only open until 4:30 p.:a. He doesn't see any reason this thing couldn't be cleared up this week. Mr. ye said that in the course of next week, if the weather is reasonable we can get these things moved. Councilman Pickar asked if by Friday noon it will be 100% cleaned up. Attorney Bye said with one exception, 3030 Ardmore, but there is no food or debris there and it doesn't constitute a hazard. That is already contracted for and there is a question of whether it is repairable. Attorney Meyers read a report from Minnesota Department of Health regarding reinspection made following orders of June 5th. Mayor Johnson said the emphasis we would like to make is that there seems to have been little or no action taken until today. If you do not move quickly, the City has no alternative. Councilnan Shelquist understood Mr. Johnson to say that he was getting some static from salvagers who did not want to clean up. Perhaps Council's action will put some pressure on them. Mr. Johnson said "no it wouldn't do any good. tie took away two mobile homes from salvagers today and turned them over to someone else. There aren't very many who are interested in this type of work. Those that are there now are very good people. Councilman Shelquist asked if they were under contract to do the work. Mr. Johnson said they are under contract with insurance companies. IegiJiy he has no right to do anything without direction from insurance company, tenaants, owners of mobile homes. Councilman Shelquist commented that if the ordinance is passed the insurance companies may be prompted to expedite these claims. Councilman Baumgartner recommended Council adopt tlic ordin ancc making it effective on noon Friday, and if at noon Friday there has not been enough progress, Monday morning a private salvage company will be sent in to clean up. Mr. Johnson hates to see such an ordinance passed. It makes it leok like they are not working.They have been.They have spared no expense and imagine the cost with no tenancy. Oe will get a black mark if Council adopts this ordi- nance. Attorney Meyers advocates Council pass the ordinance. This gives them tools that if they have to go ahead they have met the legal requirements to recover the costs. Mr. Johnson said this is a terrible thing if the ordinance is passed. His reputation in Minnesota has been good in the past. He sees no reason at all within the next few days this could not be cleaned up. MSP (Pickar Baumgartner) to adopt ordinance "227 as presented. Shelquist Aye Pickar Aye Baumgartner Aye Hodges Ay Johnsen Ay Mayor Johnson id Council wants to give the park every opportunity to clean up. He suggest the park be given until Friday at noon to accomplish that and that he City put a notice of the ordinance including statement that by this •iday at noon all debris must he removed. If it is not removed the City will take whatever means is necessary to clean up and remove debris on Monday morning. -7- June 9, 1975 Mr. Heineke, 1047 Montclair, asked if weather stayed adverse, how this would affect the motion. Attorney Meyers aaid the City will lssess the property for any costs. Aldon Johnson thinks the City is being very unfair. He is trying very hard and has never undergone a proceeding like this. Mayor Johnsen said the tornado created an emergency situation. Mr. Richard Kimbral, 1045 Montclair, asked if the City would need a permit to remove debris. Mayor Johnson said the city will go in and solve the problem by just loading up and getting rid of the trailers. The park owner may have a right of subrogation against the insurance or salvage companies. Mr. Bye asked that the building inspector try to get State inspectors out to the park. Some of the metal skirting is ready to replace but the State inspector has not had time to come and inspect. Mr. Bye said the proposed ordinance is lacking in due process. He feels this is most unfair. Attorney Meyers asked what action the city might take against the trailer owners. Mayor Johnson said the City has always tried to be reasonable and will be so in this case. Mr. Schanno, 1037 Montclair, asked what would happen if weather won't permit hauling but everything is cleanued up and ready to haul. Mayor Johnson said if they are cleaned up and ready to haul, covered, and sealed, the City will be reasonable, but we have got to get this cleaned up. He said this is the first day he can see that any progress has been made. Mr. 3'ye said this is unfair statement. How could we get 17 units cleaned up today? Administrator Achen said the City cannot willingly allow a condition to exist that jeopardized the health and safety of its citizens. Council must take action to remove these hazards. MSP (Johnson- Hodges) that Mounds View Mobile Home Park be allowed until 12:01 p.m. daylight saving time Friday, June 13 to abate the public health and safety hazards that exist in the i ounds Vic': i:obilc lior.e park, that a notice be posted in the common park property and that a notice he posted on each mobile horc, and that the City of iounds take whatever action it must to abate such public health nuisance and .ether violations. Councilman Shelquist said we should state what action should be taken. Attorney Meyers read the applicable portion of the ordinance. Mr. Johnson asked if Administrator Achen would come out Friday and let them know of their progress. Councilman Baumgartner asked the park to get in touch with the City on insurance companies that were not cooperating. Mr. Johnson said he would but thinks most insurance companies are doing quite well. The particular insurance company tha` contractc,d a salvage company that took no action, he then took it away from them. It is a problem with insurance and salvage companies. They have negotiated tc' and forth about price. Ayes Attorney Meyers said the City will notify the State 'nsurancc Ce:rr•:issioner necessary to prompt them to move faster. Mr. Johnson said the first thing that will happen when you tell them that is they will pay off the owner and he takes the :honey and goes off and leaves the mess. Attorney Bye said the last of the major problems was solved at 6 p.m. tonight, this happened because of what we did last week, not just what was done today. Roll call vote coffee recess for ten minutes -8- June 9, 1975 Shelquist Aye Pickar Aye aaumgartrer Aye Hodge s Aye Johnson 've Mayor Johnson commented further that notice will be post»i at the Mobile Home Park, on the site and in common area. Council regrets to take this action but at some point a line has to be drawn. MSP Shelquist- Baumgartner) to recess at 10:07 p.m. 5 Ayes Mayor Johnson called the regular meeting back to order at 10:22 p.m. Major subdivision request of Keith Harstad for Greenfield Plat No. 3. Mr. Harstad said pursuant to his direction, a letter from Rice Creek later shed has been hand delivered to Administrator Achen. Mayor Johnson read the letter and passed out copies of the plat. Mr. Harstad pointed out the north /south and east /west drainage casement in the center of the plat with a swale instead of conduit. Rice Creek mentioned a swale on the back and side lots between 12,13, 4 and 5 in the letter and he said he suggested this at the last meeting. Also street grades are shown in red on proposed Edgewood, which has sewer and water in but no finish grading. Street grades will be provided by Comstock and Davis. He said he had acquired the triangle to the north and at some time when this is updated he will include this part. The road grade is indicate' in blue and existing grades are in red for basement elevations for proposed houses. ?Ir. Harstad suggests a swale instead of conduit because he feels this is a better system to take water out and away and more attractive. It could be run out with a swat to a pi on the east side between Lots 4 F, 5. He said he intends walkouts and split entries for these lots. The red figures were from his engineering firm and it indicates the lowest point they can go without getting into trouble. Councilman Baumgartner asked if h2 developed all these lots if the elevations would be higher. Mr. Harstad said that some will be higher but they will not be any lower. Councilman Baumgartner asked i' there would he :1 catch basin and ^1r. Harstad Said yes. Mayor Johnson asked if he would be hauling in fill. Mr. Harstad said it is a necessity. The hack will 1 'e a walkout. I f *_'1: ;itch is cleaned out, it will lower the water table. He said the problem lots are 4, 5 and 5. If in construction of the road the ,trade has to be higher he would make it higher. But, he does not think the grade should be set until the road is in. He wants approval so he can finish houses on Bona Road where there is no problem at all. Roll call vote Shelquist Aye Pickar Aye Baumgartner Aye Hodge, Aye Johnson 'ye Mayor Johnson commented further that notice will be posted at the Mobile Home Park, on the site and in common area. Council regrets to take this action but at some point a line has to be drawn. Attorney Meyers said the City will notify the State insurance Coe-:issioner necessary to prompt them to move faster. Mr. Johnson said the first thing that will happen when you tell them that is they will pay off the owner and he takes the money and goes off and leaves the mess. Attorney Bye said the last of the major problems was solved at 6 p.m. tonight, this happened because of what we did last week, not just what was done today. -8- June 9, 1975 MSP Shelquist- Baumgartner) to recess at 10:07 p.m. 5 Ayes coffee recess for ten minutes Mayor Johnson called the regular meeting back to order at 10:22 p.m. Major subdivision request of Keith Harstad for Greenfield Plat No. 3. Mr. Harstad said pursuant to his direction, a letter from Rice Creek 1' ;ater- shed has been hand delivered to Administrator Achen. Mayor Johnson Yead the letter and passed out copies of the plat. "1r. Harstad pointed out the north /south and east /west drainage easement in the center of the plat with a swale instead of conduit. Rice Creek mentioned a swale on the back and side lots between 12,13, 4 and 5 in the letter and he said he suggested this at the last meeting. Also street grades are shown in red on proposed Edgewood, which has sewer and water in but no finish grading. Street grades will be provided by Comstock and Davis. He said he had acquired the triangle to the north and at some time when this is updated he will include this part. The road grade is indicated in blue and existing grades are in red for basement elevations for proposed houses. Jr. C Harstad suggests a swale instead of conduit because he feels this is a better system to take water out and away and more attractive. It could he run out with a swale to a pi on the east side between Lots 4 5. He said he intends walkouts and split entries for these lots. The red figures were from his engineering firm and it indicates the lowest point they can go without getting into trouble. Councilman Baumgartner asked if he developed all these lots if the elevations would be higher. Mr. Harstad said that some will be higher but thev will not be any lower. Councilman Baumgartner nskcd if there he n catch basin and Mr. Harstad said yes. Mayor Johnson asked if he would be hauling in fill. Mr. Harstad said it is a necessity. The back will be a walkout. If t'' :itch is .:leaned out, it will lower the water table. He said the problem lots are 4, 5 and 8. If in construction of the road the Lrade has tc be higher he would make it higher. But, he does not think the trade should be set until the road is in. He wants appr,: al so he can finish houses on Bona Road where there is no problem at all. -9- June 9, 1975 Mr. Harstad also said he would like to have Edgewood surfaced but his immediate problem is getting the plat approved for mortgage money on Lot 12 and 16 and other pending sales. He said if there is any question about grades or elevations on the eight lots on the east side Council has a handle on him and he would not be adverse to holding building permits until the grade is set. Councilman Hodges stated just up the road there is a basement on Bona Road having problems with water, 3efore any construction the ditch should be cleaned. Mr. Harstad said he knows of many houses that have water this year that haven't had it before. He said he had some grading to do on all of them. Lot 11 is a little below the street now. There is a fair amount of sand on 3, 4, 5, and 6 that could be moved into mucky areas and some top soil would be spread on top of the sand. Attorney Meyers aaid a condition could be a fileable covenant to assure no building permits until the street has been surfaced. Mayor Johnson said he was out looking at the house on Lot 12 and it is out in the swamp, 20 feet from the patio door he could see water and cattails. He said if Council let him plat this, he would be building houses on Bona Road and selling them and people would be in next year asking why the City let contractors build on unbuildable lots. People blame the City for water in their basements. Mr. Harstad said the majority of these cases of water in the basement are due to improper grades away from the house. He said they are doing a good job with their property. He said he hauled the sand out of Red Oak Estates No. 2 which saved the City a lot of headaches. They spent a lot of time thinking about getting water away. If they want to ruin their reputation as builders, the first way to do it is to not go back and take care of amall problems after people move in and the second way would be to have water in the basement. Councilman Baumgartner thought the City had asked Mr. Harstad to haul fill out of Red Oak Estates #2 and it was not out of the goodness of his heart. Mr. Harstad said after he had started to dig, the City asked for a grading p0_Zn. But he had begged long and loud to get it hauled out. Councilman Bodges agreed it was Mr. Harstad's idea to build splits in that area. Councilman Shelquist asked how this related to the flood plan discussed at the agenda meeting since we have ditches draining the area and is any of this area in the proposed flood plan. Administrator Achen showed areas on the section map that are in the proposed flood plain plan. Mayor Johnson explained the situation of Mr. Bluhm to Mr. Harstad due to the plugged ditch. He said we have a major expenditure to clean the ditch and provide adequate drainage. He suggested the plat be held in abeyance until the ditch is cleaned out. Mr. Harstad said he is not ldding anything to the ditch. Mayor Johnson said Mr. Harstad will be compounding the problem by having more people at city hall complaining that they have water. Mr. Harstad said he has an absolute right to the plat as a matter of law. needs to sell the houses. Engineer Bearden explained the elevations of the plat to Council. Mr. Harstad said he agreed that it would he premature to do any grading until the street was in. He said he would be the first one to suggest a moratorium on these lots. -11- Attorney Meyers said it should be in writing if it is reactivated. Mr. Harstad said he would send another letter. MSP (Hodges- Pickar) to adjourn the special hearing at 11:40 p.m. 8493 Spring Lake Road. one lot into two (130 X 138) Minor subdivision request of Lloyd Bardwell, Mr. Bardwell presented his request to divide and (130 X 190) Mayor Johnson asked how far his house was ba south edge. Mr. Bardwell said 26 feet. Councilman Shelquist asked where he would pick up utilities in the back lot. He said Spring Lake Road is serving the house at present time. Mr. Bardwell said he has asked for pipe for sewer extension under Project 1973 -4. Engineer Bearden confirmed this Attorney Meyers asked how this would be Engineer Bearden said he will be assessed on County Road J, total frontage. Councilman Shelquist asked if Mr. Bardwell had any idea of what the water table is m7. Bardwell said his existing house has not had any problem except for once eight years ago when he experienced some water and dampness in the basement. He has a full course basement, two full blocks above the ground. He Said the ground is at a gradual slope from his present house. Councilman Shelquist asked if he was building himself or going to sell his house. Mr. Bardwell said he tried both, but was not successful; at this time he has no definite plans- ck from the lot line on the MSP (Johnson Shelquist) to grant the minor subdivision of lot as presented on Exhibit A with utility and street and drainage easements as denoted on Exhibit A. Minor subdivision request of Invald Johnson, 838 Lo Lake Road. Mr. Johnson presented his preliminary sketch and stated there is no marsh, no problems of water at all on his land. He said the Greenwood side had water improvement already, water and sewer were in on Long Lake Road and sewer will be going down Greenwood with the new project. Mayor Johnson asked how many acres this involved. Mr. Johnson said 2 -1/2 acres. Mayor Johnson asked why he did not divide the parcel into about four lots all at one time to save money on surveying. Mr. Johnson said he did not mind doing it one at a time. Councilman Picker stated it looks like an ideal situation for four lots and asked what the ordinance said about parcelling one lot at a time. Administrator Achen said there is nothing in the ordinance on this. Councilman Shelquist said there was some concern at the Pianning Commission about utility easement ptssibly going over the top of existing garage. Mr. Johnson said it is about six feet from his garage. Councilman Shelquist said the entire easement will be entirely on Mt. Johnson's property. Mr. Johnson affirmed this statement. MSP (Shelquist- Hodges) to approve the subdivision request for Mr. Johnson, 8384 Long Lake Road as shown on Exhibit A. 5 Ayes -10- June 9, 1975 Mayor Johnson asked if he would go along with only platting half the plat. Mr. Harstad said he would have to. Motion (Hodges) to approve the existing plat just for building on Bona Road side, Lots 9 through 16 stipulating no building be done on Edgewood side until the road is put in and drainage problem taken care of. (Mayor Johnson asked if this was platting all 16 lots.) Councilman Hodges said no building on lots 1 through 8 until the street goes through and proper drainage system is in. Motion died for lack of second. Attorney Meyers said the problem is not with Mr. Harstad agreeing but with his successors on the property. MSP (Baumgartner Pickar) to approve Greenfield Plat #3 including only Lots 9 through 16 (Lots 1 8 will not be part of the subdivision). Lots 9 thru 16 will now be called Lots 1 thru 8. These lots are on the west side of the property bordering Bona Road. Mr. Harstad felt Council would be better off approving the whole plat because all the easements are provided for in the whole plat. Councilman Baumgartner said Mr. Harstad would get a basement full of water if we only get 1/2 of the easement. Mayor Johnson asked about the size of easements on the north /south and east /west line. Engineer Bearden suggested the east /west drainage ditch carries a substantial amount of water, about four feet deep and one side should be wider than the other for a place for equipment. Motion continued that the east /west easement on Lot 4 be 10 feet wide and on Lot 5 -30 feet; north /south easement 15 feet either side. Outlot A (Lots 1. 2, 3, a 4) and B (Lots 5, 6, 7, 8) no building permits will be issued on these lots until the subdivision is approved. Mark exhibit A. Drainage easement of 10' and 30' will also run to Outlets A L B. Councilman Shelquist states he has reservations on developing anything until the water problem, road, drainage system, swales are put in and this could rot be done until road is completed. Mayor Johnson has reservations also. He understands Mr. Harstad's anxiety about getting the lots developed but the City does not need any more problems with people with water in basements. Mr. Harstad said he has absolute legal right to this plat in fact this was the purpose of having the hearing. Attorney Meyers reflected he may have a point but what the court would say in a case like this is not known. Shelquist Naye Pickar Aye Baumgartner Aye Hodges Aye Johnson Naye Attorney Meyers asked if Mr. Harstad owned at least 35% of the property on •oodi. Mr. Harstad said yes, he owned about 50o and had already petitioned for the road and it is still open. of -12- June 9, 1975 Administrator Achen's Report Attorney Meyers read proposed ordinance #229 regulating mechanical amusement devices and ordinance #228 regulating bowling alleys. MSP (Johnson-Shelquist) to adopt ordinance #228 as read and amended. 5 Ayes MSP (Johnson Shelquist) to adopt ordinance #229 as preBented. 5 Ayes MSP (Hodges Baumgartner) adopting resolution #677 establishing formula for determination of costs to be charged capital improvement projects and providing for transfers of monies to General Fund for such costs. 5 Ayes Administrator Achen read a copy of the Revenue Sharing Planned Use Report. MSP (Johnson- Baumgartner) to approve General Revenue Sharing Use Report. 5 Ayes Administrator Achen exhibited flood hazard areas in Mounds View depicted on section maps. The Department of Housing and Urban Development has estab- lished guidelines, rules, and regulations,Whenever these areas are developed these guidelines will have to be followed. Homes in these areas will have to have flood insurance in order to sell. Improvements that may be made would have to be approved by the Department of Housing and Urban Development. He said to be honest he really did not know how burden- some this will be in tetras oir development. Mr. John Bearden said it is not a political dispute, it is based on 100 year floods. They wanted specific data supplied on development to elimi- nate flood areas. Councilman Pickar felt residents should have some input in this. Administrator Achen said if persons were in an area subject to flood and are not nn the map they cannot buy insurance without paying 20 times otherwise it is subsidized. If a home is on the map you have to buy flood insurance in order to sell it. Mayor Johnson directed Council to contact the Administrator if they had special feeling about the map and ask for changes. MSP (Pickar Shelquist) to adopt Resolution #678 applying for participation in HUD national flood insurance program. 5 Ayes MSP (Johnson- Hodges) designating Chief of Police as official applicant for reimbursement from State for Patrolman Brown and Johnson's basic training school expenses. MSP (Johnson Baumgartner) to hire the following Park and Recreation Department Summer Staff: Lorrie Hillsdale guard $2.75/hr. Jim Perault NISI 7.50 Cindy Perault jr. life 2.25 Bill Swanson jr. F sr. 7.50 Arden Walhberg WSI 7.50 Steve Walhberg jr. life 2.25 Wendy Peterson leader 2.35 Richard Johnson supervisor $700.00 for 8 weeks (40 hrs /wk) Lorrie Hillsdale Michael Holmgren Ella Inglebret Terry Gaviglio Helen Percic Janet Wilson Ray Schwabe Harold Slavik Jack Shields Carl Lubker Tim Pittman Cindy Mortenson Mary Jane Olson Dorothy Groebner Margaret Doenges Dan Thompson Rob Brown- Ida Chang Chris Olson Jeff Beyer -13- June 9, 1975 leader $2.55 /hour leader 2.65 /hour leader 2.65 /hour leader 2.65 /hour leader 2.70/ soft. inst.2.45/ base. inst.2.75/ tree maint.3.O0 /hour tree insp. 4.00 /hour scorekpr. 3.00 /game scorekpr. 3.00 /dame guitar 10.00 /hour gymnas. 10.00 /hour tap ballet 7.50/ gym swim 6.00/ tennis 7.00 /per person golf 20.00 /per hour gymnas. 3.00/ gymnas. 3.00 5.00 gymnas. 4.50 MSP (Johnson Hodges) to hire Steven A. Rose as part time temporary assistant building inspector at the rate of $5.50 per hour. 5 Ayes MSP (Johnson Pickar) to hire Mr. James Nichols, Accountant I at $925.00 per month to begin employment on June 16. 5 Ayes Administrator Achen announced that he had to advertise again for custodian. MSP(Johnson- Hodges) to adopt bills as presented changing the payee from Comstock Davis to Orfie and Sons on check #10581. void General Acct. cks. 10295, 10300, 10406 and 10411, General Acct cks. #10476 -10582 Payroll Acct. checks 1173 -1175. Payroll cks. 1969 -1997. Transfer ck. #10583 transferring $11,388.00 from General Fund, $1,149.34 from Water Fund. and $1,716.00 from Sewer Fund to pay gross pay of June 15, 1975. Total disburse- ments $257,014.84. 5 Ayes Mayor Johnson tabled approval of the licenses until consideration could be given to revising the fees for new licenses. Administrator Achen reported that the City will be partaking in the Summer Youth Program again this summer with State funding and City contributing 20 Mayor Johnson reminded Council of the League of Minnesota Municipalities meeting this week at McGuires- Ramada Inn on June 18, 1975. Councilman Hodges'Report Councilman Hodges said citizens had asked him if consideration had been given to the extra road for exit andehtr•!nce to Mounds View Mobile home park. Councilman Pickar's Report Councilman Pickar reported that the Lakeside Park Meeting will be this Thursday evening at 7:30 p.m. 5 Ayes -14- Councilman Shelquist's Report Co•ncilman Shelquist reported that the Planning Commission at their regular meeting made a recommendation for increase of maximum garage size to 864 square feet by stating Chapter 40.03 subdivision 4, 4 should be changed from 728 to 864 square feet for maximum garage size which means t' ^..t the restriction that ':aa_e than 25% of thft rsar yard be occupied remain the same. This was referred to Midwest Planning. They said Chapter 40.03 could be changed and the majority of the Planning Commission felt that no variances should be given if it is raised to 864 square feet. Councilman Shelquist read different square feet formulas that could be used to variate size by width and length within the 864 square feet and said that some cities reported they considered t1% to be a three -car garage. Councilman Baumgartner felt that a 136 increase in square feet didn't really give a substantial enough increase to cover the wide range of vari- ances people have been asking for in garages. He said we should get into FOO square feet area still keeping the 25 %rear yard requirement. Councilman Pickar said taking everything into consideration we could increase the size. He would rather see larger garages than equipment stored outside. Councilman Hodges would rather see larger garages because it looks better than junk stored outside. Mayor Jchnson feels Council has an obligation to support the Planning Commission on this issue. He goes along with 864 square feet. Councilman Shelquist feels Council should go with the Planning Commission recommendation also. He said you will find that contractors will not be putting in larger garages on houses being built at this time. MSP (Johnson- Hodges) to direct the city attorney to draft a new ordinance increasing square foot maximum of garage size to 864 square feet 4 Ayes Baumgartner Naye Attorney Meyers' Report Attorney Meyers reported that the court took the George Brooks versus the City of Mounds View case under advisement and instructed Mr. Brooks to leave the bill with them. Attorney Meyers said the Administrator could check into selling property of Fulwider and Hemsworth and that it did not have to be set up for bids. He said this property could be declared surplus and go on the market. Attorney Meyers returned the refund on money that had been deposited for quit claim of land under Project 1973 -4 Engir.zer Bearden's Report Engineer Bearden reported that there is surplus fill from Project 1973 -4 and inquired what Council would suggest for disposition of the surplus. Attorney Meyers said it could be stock piled at the park on Silver Lake Road. Council directed Administrator Achen to check into depositing and stockpiling fill at the park. Engineer Bearden reported that he had a long discussion with the Rice Creek Watershed Engineer about drainage. He said Rice Creek Watershed vas cc::c.rned only with the quantity and quality of water flowing into `he crc'zk. -15- June 9, 1975 He suggested someone from the board come to a Council meeting so that the City and the 1.eard can work out a solution to people going before the board working the two agencies against each other. He wondered if once the comprehensive plan was adopted for storm sewer drainage and approved by Rice Creek Watershed it would eliminate the 'need for individuals to go before the board for permits. Councilman Shelquist said each time someone is sent before the board, a representative for the City should also be present to voice the City's viewpoint.. MSP (dxtges- Baumgartner) to adjourn at 1:25 a.m. Rcr tfuljy I t i if 'tied, Mark Achen, Clerk Administrator S Ayes