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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