1951-06-05VILLAGE OF MOUND
Bly offered the following RESOLUTION:
WHEREAS, it is proposed to extend Count~ Road No. 125 between
County Road No. 7 and Count~ ~oad No. 15 in Shirley Hills
and it appears that it will be necessary to include curb and
~utter or curb in this improvement and the estimated cost is
~72~2. for the combined curb and gutter or ~439. for .~ust
the curb and it is proposed to assess the abutti~g~'property for
alt of~'th~ oost~o~ the curb or curb and gutter, pursuant to
M.S.&. Secs. 412.401 to 412.481 (Laws 1949, Ch. 119, Secs. ~0
to 60),
NOW, THEREFORE, BE I~ RESDLVED BY THE VILLAGE COUNCIL OF MOUND,
Minnesota: That a public besring be held by the council on this
proposed improvement in the Kr~use Building on June 19, 1951,
at 8:00 p.m. and that the manager prepare amd publish two
weeks' notice of such hearing, as required by law.
Passed b~ the council this 28th day of May, 19~1.
On recommendation of liquor store manager Pat Nagel
the village manager requested permission of the council to
advertise for bids for a 12 x 42 foot a~dition to the rear
of the ~unicipal building. Building would be sRn~ared off
from the vault to the east edge. ~ddition would be used for
storage for off sale store. Also requested that a 10 x 10
walk-in cooler be built into the addition using three
existing walls (after addition is on). Manager was authorized
to advertise for bids for both projects.
Adjourned at 9:00 p.m. on Motion by Winkel,r~econd b~? bly.
W. I. Davis, Mayor
Attest:
REGULAR MEETII~G, June ~, 1951. Acting Mayor White called the
meeting to order at ~:00 p.m.. Bly, Pierce and Winkel present.
Minutes of May meetings read and approved on motion b?
Winket, second by Pierce.
Drainage on vacant lot next to Seton store objected by
Earl Larson. Street drainage goes into Harrison Bay via an
open ditch on the south end of Larson's lot. Henry Neises
who owns adjoin±ng property also present. Larson stated he
intened to fill in lot. Village Attorney Wolner said that
property owner who diverted ~u~£ace water from its natural
flow did so at his own peril. S~ggestion by %~ite that
manager look over problem ~ th Larson and make recommendation.
Mayor Davis arrived and took over chair.
George Eugster, Ralph March and Bradley Morrison of Park
Committee present to give report to council. Their understanding
was no part of park or equipment could be sold without public
hearing as it had been bought ~th bonds. Wolner corrected that
VILLAGE OF MOUND
i259
misconception with the information there was no such
provision in t~e Village Code of 19~9 with superseded
any previous statutes.
The committee made no recommendation as to funds.
Ralph March gave repor~.of,.b~l~ng co~ittee.
- ~ ~ o~ o . .
Granville~ Tyler and ~ h~ go~e over building with
four-foot level and found floor even ~xcept for
northwest corner of porch which was buckling. Tyler
estimated ~00. would put building in fair s~ape
including necessary screening and bolstering corner.
RESOLUTION offered by BI~ authorizing Mayor to ap.~oint a
three-~an park board. Second by Pierce. C~rried. Mayor
Davis appointed Ralph March, Bradl~ Morrison and George
Eugster to the advisory P:~rk Board with manager to act
as secretar~ and ex-officio member.
PUBLIC HEARING on widening and resurfacing temporary
trunk higbwa~ no. 110 from the Great Northern tracks
to the north village limits. Hearing authorized b~
resolution passed at special meeting on May 11, 19~1,
and advertised in the May 17 and 24 issues of the
Minnetonka PILOT. C~ t estimates for special assessment
part of improvement listed at ~2.00 per foot for curb and
gutter and ~1.9~ per lineal foot of 4-foot sidewalk.
~11 present for the hearing were in favor of project.
Letter from Tom Bergin opposing the improvement
because the assessment would be more than the
land was worth. Ma~or pointed out that curb
and gutter and sidewalk would not go as far
as Bergin's so protest was invalid. ~ite
offerered RESOLUTION ~ha~ follows:
WHEREAS, a resolution of the village council adopted the
llth day of Ma¥~ 19~1, fixed a date for a hearing on the
proposed improvement of state highwa~ No. 110 from the
Great Northern tracks to the north village li.~its b~
widening and resurfacing and construction of curb and
gutter to Chipman ~venue on the east side and to Grandview
Drive on the west side and tSe construction of sidewalk
to and includingLot 19, Block 4, Lakeside Park, fro~ the
GN tracks north on both curb,!and gutter and sidwealk, and,
WHE~E~S, all propert~r owners whose property is liable to be
assessed for the making of this improvement were given two
'weeks' published notice of the council hearing and the
hearing was held and property owners hear~ thereon on the
~th day of June, 19~1, now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MOUND:
1. Such improvement is hereby ordered as proposed in
the council resolution adopted June ~, 19~1.
2. Toltz, King and Day are hereby designated as tbs
engineers for this improvement. Plans and spec-
ifications prepared by them, a copy of which
plans an~ specifications is attached hereto and
made a p~rt hereof, are hereb~ approved and shall
be filed with the village clerk.
Second by Winkel. Roll being called there were five
aves, unanimously carried.
VILLAGE OF MOUND
John Carlson, Mound realtor, present to request a~pointment
of an eq~lalization board which would meet intermit-tingly through
the year and ~ recommend adjustments when necessary.
Mr. Bly pointed out idea was not very practical because of the
short assessment period and because real estate was assessed
every two veers.
Ed Behmler, commander of post 39,8, ~meric~n Legion,
tendered check for renewal of club license. Told to m~e
out formal applicat .on and submit at next meeting.
Doug Bryce on band to request transfer of licenses to
operate taxicabs to Oliver Hall who ~as also present.
~!eco~endation made that deal be made contingent upon apDroval
of the council. Pierce MOVED to approve licenses for Hall upon
filing of applications, second by Winkel. Carried.
On MOTION by Blv, second by Pierce, the following building
per~its were a-o0roved:
J. ~. ~dams Add. to pvt. garage
Roy Goodwater basement dwelling
~ethe~ M.E. ~hurch besetment church
Robert ~iethart private ~ar~8:e
~'onald. F. Peterson dwelling over
e~i~ting basemtn.
960.
~25,000.
300 ·
9600.
Verbal approval also given on recommendation of manager
for ~tanlev ~rmc,xson, Lot 2~, Glen ~rbor ~ddition, to
build a private ~ara~e into the bank off Wakefield Ave.
m~ntrance from Lakeview Avenue.
MOTION by [~.ite, second by Pierce:
May Bills:
GEN'2. RgL
PARK FUND
J.V. Glaason ~24.00
Sheldon Beise 8.~0
Johnston Culvert 252.69
Long Lake Farm Su~453.[13
Mound 0il Station 51.47
Miller-Davis 4.20
~,erv
Mgment. Inf. e
. 20.00
Cc. ii.00
Interstate Power 21.1.63
Mtka. Pilot 34.80
Phillips 66 2.80
Mickelson Motors 38.20
State Bank of Mound38.03
Mound Hardware .76
Bud' s Pure 0il ~0.46
Rondorf Motor 19.80
12~2.87
Toro Mfg. Co. ~24.07
Interstate Power' 1.00
CI~E'I!E~Y FUND
Toro Mfg. Oo. 24.06
ProjiecitI ~ii
1st Natl. Bank M~ls. ~0.44
PROJECT ~7
1st Nat. Bank Mpls. 181.00
P~OJECT #8
NW Natl. Bank Mpls 66~7.66
POOR F~ND
Sub. Henn. Co. Rel.4~.79
The Village Council of Mound
Do Ordain As FOHo~Vs:
(a) No person shall commit or
maintain a public nuisanc~
(b) Mo person shall wilfully
omit or refuse to perform any
legal duty relaling to the remov-
al of a public nuisance.
(c) No perso~ shall let or per-
mit to be used, any premises,
building or portion thereef know-
ing that it is intended to be used
for committing or maintaining a
public nuisance.
(d) No person shall wMfully
prevent, hinder, oppose or ob-
struct a public official in the per-
formance of his duty in carrying
out the provisions of this ordin-
ance Or in removing or abating a
public nuisance.
Section 2. Nuisance.
(a) l:~finifion--In C~n~ral. A
public nuisance is a crime, pun-
ishable as a misdemeanoL and
consists in unlawfully doing an
act or omitting to perform a duty,
which act or omission shall:
(1) annoy, injure or endanger
the safety, health, comfort, or re-
pose of any considerable number
or persons;
(2) offend public decency;
(3) unlawfully interfere with,
obstruct, or tend to obstruct or
render dangerous for use or pass-
age, a body of water adjacent to,
or a public park, square, street,
alley or highway in, the village;
(4) render any considerable.
number of persons insecure in
life oF. obstruct their free use of
property.
(b) Sp~ific Publi~ Nuisances.
The term "Public Nuisance" shall
be deemed .to include the follow-
ing:
(1) Anything declared to be a
public nuisance by an ordinance
of this village.
(2) Any building or structure
erected, altered, .repaired or used
-a~--~on crl~ur~.opitinance ~f ~
this village.
(3) Any building open to the
public which is overcrowded
with occupants or .is not provid-
ed with adequate ingress and
egress to and ~rom the same.
(4) Any building open to the
public which is not sufficiently
ventilated, sewered, drained,
cleaned or lighted in reference
to its actual use. ,
(5) Any .building, .conveyance
or place where con%a~ion, infec-
tion filth or other source or cause ·
of preventable d~o ~ts~
(6) Any premises upon which
exists, noxious weeds as defined
'ture, llM!ieioUlsl)~ ereef~ or
malntldited', for ~e ~ of
annoylni, ~ta owners, or occu-
pants o~: adloining pl~oDertlF;
(8) Any st~ctum or p~emises
used tot' the fll~g~l keying-or
sellin~ o~ ~rcoiia dru~s, or re-
sorted to b~- narcotic drull, addicts
for the purpose of using the
same.
(9) Any public' daucing oper-
ating without permiasion of the
village council.
(10) Any dog, or other animal,
which habitually worries, chases
or molests persons travelling
peacefully on a public thorout~h-
fare.
(11) Any repeated act, occur-
rence or circumstance which
renders the air, or food or drink
for human use, unwholesome.
(12) Any scheme for the dis-
tribution of property by chance
among persons who have paid, or
agreed to pay, a valuable con-
sideration for the chance.
(13). The depositing of refuse,
sewage, waste or other deleter-
ious, poisonous or injurious sub-
stance at unathorized places
wtihin the village, or in any wat-
ers adjacent thereto.
(14) The operation of any vo-
cation or avocation which is
hurtful to the inhabitants, or
dangerous to the public health,
or injurious to neighboring prop-
erty, or from which noxious
odors, noises or foul substances
'arise, unless the same be done
under authorization . by public
authority.
(15) The erection and main-
tenance of any advertising sign
or bill board along a public thor-
oughfare or over a public walk
or street without authority of the
village.
(16) The establishment, main-
tenance or use of property as set
forth in Section 617.33 of Minne-
sota Statutes.'
(17) The operation of an in-
inerant carnival as defined in
Section 616.39 of Minnesota Stat-
utes without authority of the
village.
(18) All snow and ice remain-
in~,~ l~U~tte'SfdewglkS for a
l~riod longer than twelve hours,
and the owners, occupants and
agents for the abutting property
shall be deemed to be maintain-
ing such a public nuisance.
(19) The drinking of intoxicat-
ing l!quors or non-intoxicating
upon which a pubic
exists Shall' be:
~ violation of this
and a notice to one of tt~rn:
be deerrl~ a notice to tlu~
A person who creates,
or is responsible for and
remove, ~r public nuisance
aMe for the v/olation of
dinance. A person shatl be deem~
ed to be an individual, a. cori~o~a-
tion, an association, and any ath~
er legal entity.
When any public nuism~e is
found to exist~ the ¥iHage.
ager shall in writin~ order the
per, on HaMe for the same ~o re-
move the public nuis~nce, at his
expense, within a time not to ex,
ceed ten days, the exact time to
be specified in the notice. This
notice shall be served by the con-
stable by delivering a copy there-
of to the person liable for the
same. If the property is unoc-
cupied and the owner of the
property is unknown or absent,
with no known representative or
agent in the village upon whom
notice can be served, then the
constable shall post a written or
printed notice the property or
prem/ses, setting forth that unless
the public nuisance is abated or
removed within 10 days, the con-
stable will abate br remove, or
cause to be abated or removed,
at the expense of the owner, the
public nuisance. The Village
Manager shall send by registered
mail a copy of the posted notice
to the last known address of the
record owner of such property.
-~ecfion 4. Al~emenL
If a person l~able for a public
nuisance fails or neglects to com-
ply with the requirement of the
notice, then the Village Manager
shall proceed to-have the ~.
ance removed or abated an~
port the cost thereof to the
age Clerk, a~d the cost of ~h
removal or abatement shah be
assessed and charged again~
propert~r on which the ~
was ~ located; ~ m~t~e-~
Clerk shall at the time of ~-'
lying taxes to the Cotmty
or, certify these costs, an~
County Auditor shall exter~ ~e ·
same on the tax rolls of the
County against the lot or parcel
of ground, and it sham be collect-
~ursd~, Ju~e 14~ 195,1 -- THE
?,-;"' ~ . _ _ . il ' :__
~ by l~e County Treasurer and'
· i~ to the village as other taxes
re collectt~d and Paid.
!!~ctio~ $. E,~orcemen~.
The notice and abatement as
bove provided shall not be
eemed the exclusive method for
Ne enforcement of this ordin-
rice. Without notice, a proceed-
.~1~ may be instituted in a prop-
r tribunal for the prosecution of
~ misdemeanor; and the judge in
uch a criminal case may impose
Ne fine or penalty authorized by
]w in such case made and pro-
:ided, including that contained
n Section 347.04 of Minnesota
~tatutes for the dispositi°n of
logs constituting a public nuis-
race. The civil remedies at law
~nd equity shall be deemed
~vailable at all times, without
~otice.
S~ion 6. Penally.
Any person guilty of violating
this ordinance shall upon con-
~,iction be fined not less than ten
dollars ($10.00) nor more than
One Hundred Dollars ($100.00),
)r imprisoned for a period not
-~xceeding ninety days.
~ Section 7. Invalidity.
In the event that any provis-
.on of this ordinance shall be
xeld to be invalid, such invalidity
~hall extend only to the provis-
on affected, and the other pro-
zisions of this ordinance shall
)e deemed to continue in full
'orce and effect.
Section 8. Repealed Ordinance.
Ordinance No. 28 adopted June
I, 1932 is hereby repealed, and all
~rdinances and parts of .ordinan-
:es in conflict herewith are here-
)Y repealed.
Section 9. F~ecfive Date.
This ordinance shall be in full
~orce and effect from and after
.ts publication according to law.
Passed by the council this 5th
lay June, 1951.
W. I. DAVIS,
Mayor.
~ttest: Edna $. Gooder, clerk.
Published in the Minnetonka
~ilot on the 14th day of June,
951.
Notice is hereby given tt
council will meet in tl~.
of the Krause Building a,
m. on Tuesday, June 5,
consider the making of an
provement on Central
(State Highway No, 110) ~:
the Great Northern railroad
and the north village limitl
suant to M. S. A., secs.
412.481 (Laws 1949, Ch. ][1~,,
50 to 60). The area prop~t~l
assessed for the sidewalk ami
half the cost of the~ curb e~t
ter is the abutting property wll~i~
these improvements W~I':
(Great Northern tracks to
view Drive). The esti~_~
of such improvement is' ~;
Which the State of Mi.n~
pey approximately $_4~l)~t~i~ilt
Village of Mound $15,001!
property owners $6,000.
sons as. de.si~.e, to: be
reference to the proposer{
provement will be heard at this
meeting, . ~'
vinage of
Robe~ ¢. Storey,,!?
VILLAGE OF MOUND
1261
May bills cont.
OFF S~LE LIQUOR
Mound Hardware
Seven Up
Purit~ ~eberage
Pabst Sales
Morris Pist~.
Mtka. Bev.
Manning & Anderson
McKesson Robbins
0,M. Droney lev.
Coca Cola
Chaska °everage
Carter Beverage
Canada Dry
Noterman & Weber
~%; 1.7o
48.80
i9.75
34.90
a7.5o
179.98
396.75
94.25
32 .oo
125.30
219.80
26.62
156.5o
Ed. Phillips & Sons1439.36
Geo. Benz 214.72
Famous Brands 1634.98
Distillers Distr. 000.49
Griggs-Cooper 1647.~1
$7014.U6
June bills
GENERAL FInD
Mound Hardware ~16.29
Wendell's Inc. 22.00
Sparta Brush Co. 12.10
~. H. Ziegler Co. 30.0%
Coast to Coast .93
Hopkins Home AutoSup.l!2.00
Country Club 0il Co.177.02
State Bank/Mound 5.00
Standard 0il Co. 27.00
Cox Bros. 1.75
Sheldon Beise 1.52
Wessner Tailor 61.10
Interstate Power 209.33
Phillips 66 4.60
Mickelson Motmrs 5.2~
Anna Lindlan-har~ow 10.00
~7'95.9'~
WATER FUND
Cox Bros.
Mound Hardware
Interstate Bower
Badger Meter
10.00
11.75
141.60
.90
164.~5
ON SALE LIQUOR
Ralph Nelson~ice
Nat.Cash Reg.
Coast to Coast
Spring Park Jdwe.
&met. Linen Sup.
RaT Swanson?siggs
State Bank~Moun~
Mound Hardware
01d Dutch Foods
Midwest Bar Sup.
Halvorssn Candy
WATER FUND
Interstate Power
CoE Bros.
~mer. Cast ±ronPipe
Smith Motors
Westn.Metal Prod.
Waterous Company
Bud's Pure 0il
$24.00
6.35
~ ~.54
3.55
26.37
2.60
54.51
76.34
6.75
132.8o
10.90
~49.'7~
141.00
88.00
70.65
1.35
275.50
76.3O
28.20
~6~l.OO'
OFF SALE LIQUOR
Interstate Power
Mound Hardware
Manning & Anderson
Mtka. Neverage
Noterman & Weber
O.M.Droney Oev.
Carter Beverage
Chaska Beverage
Coca Cola
Canada Dry
Purity Oeverage
Seven Up
Morri~ Distr.
Gold Medal Bev.
Pabst Sales
Griggs-Cooper
Distillers ~ist.
01d Peoria
$12.59
24.39
759.55
251.66
263.70
55~o
322.2O
319.75
44.44
71.O1
68.20
138.25
28.00
20.94
962.57
442.25
423.18
Ed. Phillips &Sons 1787.91
Famous Brands 950.5~
~702U.39
POOR FUND
Sub .Henn .~ o .Relief ~.00
TwinC ty. Sk el ga s 8.76
P ARK FUND
Phillips 66
Interstate Power
2.08
1.20