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1955-12-12MINUTMS OF REGULAR MEETING, December.12, 1955 Meeting called to order at 8:00 P.M. in th~ Village Office. Present were Mayor Behmler, Trustees Wenkstern, Pierce, Litts, Manager Leikvold and Attorney Bonham. Minutes of the regular meeting of November l~were read. Litts moved, Pierce seconded, and it was unanimously carried to approve the minutes as read. Litts moved, Wenkstern seconded, and it was unanimously carried to pay the following bills where funds are available: General Fund R.E. O'Donnell, P.M ........... Harold J. Peterson ............ D. W. Onan & Sons, Inc ........ Lloyd J. Bowers ............... Mound Vol. Fire Dept .......... Mound Vol. Fire Dept .......... Interstate Power Co ........... 261.76 Mound Dry Goods ............... 3.97 Piche Chev. Co ................ 64.85 Standard Oil Co ............... 85.20 Mound Hardware ................ 19.50 Keller Bros. Gravel ........... 123.20 Elmer J. Peterson ............. 9.00 Cox Bros ...................... 98.50 Wm. H. Ziegler Co ............. 7.09 Minnesota Salt Co ............. 83.10 Seton Shell Service ........... 107.70 Minnetonka Pilot .............. 16.O0 Miller Davis Co ............... 4.02 Monroe Calculating Machine .... 52.00 P~ed Agency ................... 7.00 Watertown Telephone., ........ 19.85 Bud's Pure Oil Garage ......... 34.35 C. A. Enerson, election ....... 16.00 Alice A. Morrison ............. 16.00 Frances Norton ................ 16.00 Norma Alwin ................... 16.00 Bob's Tree Service ............ 30.00 15.00 141.75 499.00 90.38 100.00 Water Fund Lloyd J. Bowers .............. 31.46 Interstate Power ............. 140.00 Standard Oil ................. 65.70 Mound Hardware ................ 52 Elmer J. Peterson ............ 24.50 Reed Agency .................. 13.69 Addressograph Sales .......... 2.15 L. E. Streater Lumber ........ 1.45 LIQUOR FUND, Invoices Famous Brands, Inc'. ...... Ed. Phillips & Sons, Co. Old Peoria Co ............ McKesson &Robbins ....... Griggs Cooper& Co ....... Lynn Johnson Co .......... Distillers Distrib ....... Midwest Wine Co .......... Manning & Anderson ....... Notermann &Weber ........ Schlitz Brewing Co ....... Carter Beverage .......... 0. M. Droney Beverage Co. Minnetonka Beverage Co... Chaska Beverage .......... Buckingham Beverage ...... Canada Dry Gin Ale ....... Coca Cola Bottling ....... Seven Up Bottling ........ Franklin Co-Op Creamery.. Sunshine Biscuits ........ Dandahl Distr ............ Halverson Candy Co ....... A. S. Brazman ............ Piggly Wiggly Store ...... 805.38 275.31 2??.64 1,509.1o 249.6? 469.31 48.95 176.01 lO8.O5 32.70 372.72 19.05 213.43 130.71 455.92 27.27 32.95 82.8O 1.5o 4.5o 47.49 6.75 2.18 6,003.58 Liquor Fund; Expenses Skay & Son ............... 8. O0 Match Corp. of America... 16.85 Carl Hammer .............. 10. O0 American Linen Co ........ 33.80 National Cash P~gister... 33.40 Liquor Control Commissioner 1.00 Interstate Power Co ...... 66.34 Standard Oil Co .......... 106.40 Mound Hardware ........... 22.07 Minnetonka Pilot ......... 57.00 P~ed Agency .............. 9.73 Watertown Telephone ...... 8.25 372.84 VILLAGE OF MOUND 1GIB Water Fund~ Continued Kickhafer Standard Service.. 19.95 Dale & DeGonda .............. 8.00 Minnetonka Motor Express .... 3.50 Goodin Company .............. 53.05 Poor Fund Suburban Henn Co. Relief .... 363.97 10.00 Street Improvement Fund Pfeifer & Shultz ............ 53.92 Bob' s Tree Service .......... 12.50 Bond & Int. N.W. National Bank .......... 2,201.50 The following buildi~ permits were reviewed: Name lot Blk Subdivision Paul A. Anderson ~ Auditor's #168 Victor Gordon 7 9 A.Lincoln Wm. Stark l0 I Highlands A1 Filipczak I 4 S.H. Unit "A" Vernon A. Anderson 64 Mound Buildin$ Cost No. Remodel 2,000 1OO Remodel 1,500 101 Garage 400 102 Drway Shelter 100 103 Dwelling 5,000 104 FIRE HALL Wenkstern moved that Adolfson and Peterson be paid $9,397.80 toward the Fire Hall as certified by the architects. Pierce seconded the motion and it was carried unanimously. FIRE DEPARTMENT Salaries Pierce moved that the officers of the Fire Deparbment be paid the following: Chief Assistant Chief $2.50/hr on fire calls $2.25/hr on fire calls Chief Fire Marshall Secretary Treasurer $25.00 per year 25.00 per year 25.00 per year 25.00 per year With a second by Wenkstern, the motion was carried unanimously. C .D.s Litts moved that the following C.D.s be purchased: Poor Fund $2,000 6 months Water Fund 5,000 1 year Water Fund 3,000 6 months Pierce seconded the motion and it was carried unanimously. AUDIT Liquor Store The audit of the liquor store was discussed but deferred until the next meeting. 1614 VILLAGE OF MOUND HIGHWAY #7 The Council directed the attorney to draw up a resolution re].ative to Highway #7. FIP,.E PP~VENTION CODE - #58 The following ordinance was read: OP~DINANCE NO. [8 AN OPDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS COVERING CONDITIONS HAZAPDOUS TO LIFE AND PROPERTY FROM FI~q2~ OR EXPLOSION Be It Ordained by the Council of the Village of Mound: Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the Village of Mound for the purpose of pre- scribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code, Abbre- viated Edition, recommended by the National Board of Fire Underwriters, being particularly the 1913 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by Section 5 of this ordinance), of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the Village of Mound and the same are hereby adopted and incorporated as fully as if set out at length herein~ and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the Village of Mound. Section 2. Enforcement. The Fire Prevention Code shall be enforced by the Chief of the Fire Depart- ment. Section 3. Definitions. Whenever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the Village of Mound. Section 2. Establishment of Limits of Districts in which Storage of Flammable Liquids in Outside Aboveground Tanks and Bulk Storage of Liquified Petroleum Gases is to be Pestricted. The limits referred to in Section 80ha of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited, and the limits referred to in Section 1102 of the Fire Prevention Code, in v~ich bulk storage of liquified petroleum gas is restricted, are hereby established as follows: Fire Zone Two Fire Zone Three Cod, '/~'is h~e~ ado~ by the '~e~ Mound for ~e p~ose ~ ~ ;condi~ons h~o~ ~ ',~d p~ from fire or ~ pl~o~ that ~n ~e ~o~ [ ~e ~e ~v~on C~e, AB- ~ b~a~d~ ~on, r~end~ ~e~a~l Bo~ of ~re ~ [Unde~ ~ing pa~y iele~:~hereof, save and e~cept ted;!medtfled or amended (by ~.c~:,5 ~ this ordinance), of ~eoae not less than three ~ieS have been and now ~ed in the office of the Clerk ~e.~'. ~z~l~e '9! Mouud__and the ~jm~--ar~' hereby adopted and' in- mlxn~ed as fully as if set out t l~*~h herein, and from the ate on-which this ordinance ~ take effect, the l.provtaloha hereof shall be ;controlling with- n-the limits of the' Village of' 8action 2. EnforcemenL '. The Fire Prevention Code shall ~e enforced by the Chiei of .,'ire ,Department. . ' .' . .... section 3. Definitions;' ~'~'"'~': :: "Whenever the word .'Munici- , pality' is used .in the Fire vention'-- Code, it shall 'be held to mean the Village of Mound; :~,'Section 4. Establishment of]; Limits of Districts in which Stor- ~, age '.of "Flammable Liquids in Out~lde Aboveground Tanks and Bulk Storage o.t Liquified Petrol- ~un Oases is to be Restricted. ?,The limits referred to .in Sec-. .ttenSOia of the Fire Prevention' Cede in' which storage of flamma~ ble 'liquids in outside above ~l'0und tanks is prohibited, ?.nd ~lirnlts -referred' to-in ~ec~on !ii04 of the Fire Prevention Code, in wtdch bulk storage of liquified petroleum gas is restricted, ar..e [~ereby e~r~blished as follows:~? ~..!'::.". Fire Zone Two. ~l,,~'lc'"' ~., Fire Zone Thr , . ~' ~-ction 5. Modifications.. The Chief of 'the Fire 'Departs, Lent shall have power to! modify {~v~van of the provisions'Of the Fire !D;pa~-~,~ent Code upon [tion in writing by the ownor or -lessee, or .his' duly autholtzed agent' when there are practical {difficulties in the way of carrying ]out the strict letter of the .cod~,' [provided that the spirit of the t code shall be observed, .public safety secured and substantial iustice done. The particulars of such .modifications when ~ra~ted or allowed and the decision of the Fire Department thereon shall be entered upon the records of the dep~l,-,-,ent and a-si~ned copy .l~all be furnished the applicant. Section; 6. AppealsJl : · .WheneVer the Chief of the Fire )apartment shall disapprove a~ apph'cation orI refase to srant a uce e or pe t 'apb,ed '%. or when it is claimed that the pro- visto~s of ~ ~t the ~e ~t~t '~d me~- ~ of ~e ~e have be~ ~ or ~on~y ~~, ~e app~cant may ap~ ~e decision 'of ~e ~e Village Co,cfi* ~n 30 da~ ~m the date of' ~e d~i- sion..- Section '7. ~ ~y pe~on who sh~ '~o- late any of the pro~io~ of ~e code hereby adopted or Comply the~with, ~ola~ ~ made ~er~nder, or who ~ b~d d~l~ ~ or plans submi~ ~v~ ~ereunder, or ~y flca~ or pe~t ~sued~ ~e~- d~, ~d ~om wMch no h~ ~en'~k~, or who to ~mply ~th lage: Council or by a court of ~ompetent jurisdiction, within the time fixed therein, _~-_l! sevorsl~ · nd for each and every ~uch vio- Lation and nOncompliance respec- tively, be guilty of a,misdemea-" nor, punishable by a fine of ~not less than $10.00 nor more than $100.00 or by imprisonment for not less 'than 10 days nor more han 90 days or both by such fine, and imprisonment. The imposi- tion of one penalty for any vio- lation shall not excuse the vio- lation or permit it to continue; and all such persons shall be re- quired to correct or remedy such violations or defects within a rea- sonable time, and when not oth- erwise specified, each ten days that prohibited conditions maintained shall constitute a ~ b. The .application of the ab~ve'[~e penalty shall not be held to pre- vent the enforced removal of the I;e orohibited co~it~stn:s:, .; .k/.~ ' Section 8. Repeal of Conflicting All former ordinances or parts ithereof conflicting with ,or incon- sistent with the provisions of this ordimmce, or of the code hereby adopted are hereby ,repealed.' ~ 9. Validity.: The Village of Mound hereby declares that should any section, paragraph,' sentenee~ or word of this ordinance or o! the code hereby adopted be declared for any reason invalid, it is the intent of the Village of Mound ,that it would have passed all other por- tions of this ordinance indepen- dent of the elimination herefrom of any of such portion as may be [eclared invalid. Section 10: Effective Date. This ordinance shall be in ~ct Od in force frora and aflor Its approval as required by law. P~sed by the Council this ' l~h day of December,. 1955. -~ . E.J. Behmler, Mayor VILLAGE OF MOUND i615 Section 5. Modifications. The. Chief of the Fire Department shall have power to modify any of the provisions of the Fire Depart~ent, Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modifications when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 6. Appeals. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a license or permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Village Council within 30 days from the date of the decision. Section ?.. Penalties. a. Anyperson who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from ~hich no appeal has been taken, or ~to shall fail to comply with such an order as affirmed or modified by the Village Council or by a court of competent jurisdiction, within the time fixed therein, shall severally and.-for each and every such violation and noncompliance ORDINANCE' An Ordinaace, Adopfln9 a Re~a~ ~ ~ ~ ~ ..~plo- ~e It O~ed b7 the Coun~l of the ViSage of Mo~: ' Section !. A~p~0n v~ntion COde. ' ' ~ere is hereby Vi~ge,of Mound for the of pr~cMb~ er~ng conditions life and prope~ pl~ion, that cern ~ ~e ~ ~n~on C~e, Ab- by the Na~o~l Bo~d of Under. rs, ~ ~i~rly the 19~3 ~tion ~e~f ~d the 'whole thereof, save ~d except such ~ ~ .a~ ~e~ delved, m~ or S~on 5 ~ ~ o~ce), which code not (3) ~pi~ ha~ ~n ~d are ~ ~ ~e ~ce of of ~e V~e 1616 VILLAGE OF MOUND respectively, be guilty of a misdemeanor, punishable by a fine of not less than $10.00 nor more than .~100.00 or by imprisonment for not less than 10 days nor more t~an 90 days or both by such fine and imprisomment. The imposition of one penalty for any violation shall not excuse the violation or permit it to con- tinue; and all such persons shall be required to correct or remedy .such viola- tions or defects ~ithin a reasonable time, and when not other~dse specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. b. The applicaticn of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions. Section 8. Repeal of Conflicting Ordinances. ~tll former ordinances or parts thereof conflicting with or inconsistent v~.th the provisions of this ordinance or of the code hereby adopted are hereby repealed. Section 9. Validity. The Villaze of Mound hereby declares that should any section, paragraph, sentence or word of this ordinance or of the code hereby adopted be delcared for any reason invalid, it is the intent of the Village of Mound that it would have passed all other po~%ions of this ordinance independent of the elimination herefrom of any of such portion as may be declared invalid. Sectiom 10. Effective Date. This ordinance shall be in effect and be in force from and after its approval as required by law. Trustee Pierce moved that this ordinance be adopted as read. The motion was seconded by Litts and on a roll call the vote was as follows: Pierce Aye Litts Aye Wenkstern Aye Behmler Aye and so the ordinance was adopted. PAP24I NG LOT J. C. Krause's ~d Jack Legus' application for a permit to construct a parking lot in front of their store was d~ferred until the next meeting. FORFEITED MND Wenkstern offered the following resolution and moved its adoption: WHEP~AS the following described property: W. 25 ft of E. h58 ft of N. 225 ft of S. 1/2 of NE¼ of SE¼, except road, in Section l~, Township llT, Range 2~, was recently forfeited to the state for non-pa2~ent of taxes, NOW, THEREFOP~, BE IT P~SOLVED That the above described parcel of land be acquired from the State for public purposes, namely, a public roadway. The resolution was seconded by Litts and upon vote being taken thereon the VILLAGE OF MOUND 1'617 the following voted in favor thereof: Wenkstern~ Litts~ Pierce~ Behmler and the following voted aEainst the same: None. Whereupon said resolution was declared duly passed and adopted. The telephone exchange was discussed. gather some data. TELEPHONE EXCHANGE The Manager was inst~cted to The garbage dump was on the agenda, but no definite action was taken. CIVILIAN DEFENSE Pierce offered the following resolution and moved its adoption: WHEREAS, if this country is attacked, the primary objective of the enemy will include centers of industrial production, and concentrated on our civilian population; and WHEPgAS, the capabilities of nuclear and other weapons are so great that an attack, if successful, will result in damage and casualties far beyond the resources of any community; and WHEP~EAS, the St. Paul-Minneapolis Metropolitan area is officiallylisted by the Federal Government as one of ?0 critical target areas in the. Nation; and WHEPgAS, the Federal Civil Defense Administration has invited the state of Minnesota to participate in the National Sarvival Plan project~ NOW, THEPgFORE, be it resolved that: the political subdivision of Mound, State of Minnesota, will cooperate to the full extent of our capabilities with the State of Minnesota and the Federal Government in the study and development of civil defense measures designed to afford maximumprotection of life and property through participation in the Survival Plan project financed entirely the Federal Civil Defense Admin- istration. The resolution was seconded by Wenkstern and upon a vote being taken thereon the following voted in favor thereof: Pierce, Wenkstern, Litts, Behmler and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. TAXICABS Applications for licenses to operate taxicabs in the Village of Mound were presented by Lawrence Gerold and Ferdinand Schwartz. Litts moved, Pierce seconded, and it was carried unanimously that both licenses be granted. 1618 VILLAGE OF MOUND On motion duly made, seconded and carried, the meeting adjourned until Monday, December 19th at 8:00 P.M. Village Manager Attest: CANVASSING BOAP~ MEETING - Dec. 12, 19~ The Council meeting as a Canvassing Board was called to order at 10:25. Present were Mayor Behmler~ Trustees Litts, Wenkstern and Pierce~ and Manager Leikvold. Pierce offered the following resolution and moved its adoption: WHEREAS, on December 6, 19~5, a Village Election was duly held in the Village of Mound for the election of Mayor for the term of two (2) years, two (2) Trustees for the term of three (3) years, a Justice of the Peace for the term of two (2) years, and a Constable for the term of two (2) years, and WHEP~AS, the Judges for said election, having duly counted the votes cast therein, proc].aimed the results and recorded the same in the tally book vrovided for the purpose as follows: Mayor - 2 years E. J. Behmler A. P. Guy, Jr. (write in) ~3 Shannon (write in) 1 Trustee - 3 years James S. Adams 212 Frank H. Livingston 200 George S. Lockhart 189 Leighton Lindlan 170 E. L. (Bud) Shaughnessy 16h Justice of Peace - 2 years Karl Gruhn ~8 Louis Sohns (write in) 1 A. P.. Ca~y, Sr. (write in) 1 Norman Yule (v~ite in) 1 Constable - 2 years Robezt E. Johnson ~4~ James Adams (wrd. te in) 1 Robert Anderson (write in) 1 Paul Farren (write in) 1 Vernon Anderson (~ite in) 1 VILLAGE OF MOUND 1619 AND WHEREAS, pursuant to M.S.A. #212.36, the Village Council shall meet as a Canvassing Board and declare the results appearin~ from smd returns, and WHEREAS, pursuant to said statute~ the Village Council now meets as a Canvassing Board for such purpose, NOW: THEP, EFORE~ Be It Resolved That: 1. The following persons are declared elected to the following offices: Mayor E.J. Behmler Trustees James q Adams Frank H. Livingston J~s u_,.oe of Peace Constable Karl Gruhn Robert E. Johnson Be The Village Clerk is hereby instructed to give written notice to each person chosen of his election to the office named and to certify the results of said election to the Co~mty Auditor. Litts seconded the motion to adopt said resolution and on a roll call the vote was as follows: Pierce Aye Litts Aye Wenkstern Aye Behmler Aye and so the resolutio~ was carried. The result of the advisory question, "Shall the Village of Mound con- tinue the operation of its 'On Sal~ Liquor Establishment" was presented~F the council as follows: Yes 310 No 191 Attest: / F~or Village Manager