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1964-03-17MI~K~I'ES OF ADJOURNED MEETING OF MARCH 17, 196h at 8:00 P.M. at Mound Fire Station Present: HEARINGS 1. Mayor Koehn~ Trustees Heikkila, Bstdorf, Pfeifer and Johnson, Manager Kopp, Attorney Ploetz and Engineer Schoell. VACATION OF HICKORY PLACE The attorney declared the posting and publication to be legal and sufficient. Lt. Co'. Dodson B. Grsybeal, owner of Lot 21, and one of the petitioners was present. Because the Village may want this "street" for storm sewer, action was continued to September !~, 1962. 2. REZO~KNG LOTS 19 & 20 AUDITOR'S SUBDIVISION #170 - Beachside Developers, Inc. The attorney declared the publication to be legal and sufficient. Earl Nelson, John Gullikson, Shuyler Woodha!l and Norman Garness of Beachside Developers, Inc. were present. ~".' .... ~ ~ Batdorf moved and Pfeifer seconded the motion. AN O~DII~NCE A~DING ~ 23, ~ CODE OF ORDINALS EI~TI~ "ZONING" THE VIL~GE ~IL ~F MOt~D, M~OT~, ORDAINS: That Chapter 23, ~ound Code of Ordinances entitled "Zoni~g" be~ and hereby is, a~ended by reducing the Residential A-1 Use District as established by Kection 23.011 by removing therefrom Lot 20, Auditor's ~bdivision No. 170 and that part of Lot 19, Auditor's ~ubdivision,No. 170 lying Northerly of a line describdd as commencing at the Northeastel-ly corner of Lot 18, Auditor's ~_bdiviston No. 170, thence to the ~outhwest- erly corner of Lot 20, Auditor's Subdivision No. 170, and there ter~lnating. That Chapter 23, ~ound Code of Ordinances entitled "Zoning" be, and hereby is, a~ended by addin~ to the provisions o~ ~e~tion 23.06, hltiple D~ellin~ U~o District, Lot 30, Auditor's aubdivis~on No. 170 and that part of ~t l~, A~itor'm ~divim~n No. 170 lying ~~rly o~ a l~ne dec,bed ~ c~c~ at the Mo~he~terly ~mer of ~t 18, A~itor'm ~b- d~v~e~ No. 170, three to the ~ut~mterly eo~er Of ~t 20, A~ttor'm ~bd~v~mion No. 170, a~ That this ordinance be effective fro~ and a~ter its adoption and publi~ation according to law. Roll Call Vote: Bstdorf Aye Heikkdla Aye Pfeifer Aye Johnson Aye Koehn Aye So carried and Ordained e SPb~IAL USE PERMIT (Restaurant on Part of Lot 27 LaFayette 'Park) Robert, Pickett The attorney declared the publication to be legal and sufficient. There was no one present who was interested in this permit. The hearing was declared closed. [~. REZONING SHIRLEY HILLS UNIT "F" The attorney declared the publication to be legal and sufficient. John Va~ der Hagen of the A.~pine Oil Company owner of t~he North Star Station located at Lot 1, Block 3, Shirley H~.lls Unit "F" v~s present. He said he had understood that the Planning Commission hag. given him permission to have his bulk tanks located on Lot 1, Block 3, Shirley Hills Unit "F". The Council informed him that the ?lanr~in~ Commission is only an advisory committee whose recommenaations are acted upon by the Council. Having bulk tanks on this ~ropert.~ is contrarM to zoning ordinances as it would require Industrial Zoning~ and the Council was adverse to "soot zoning" to legalize work done ~_thout a permit. !Ie was told his tanks would have to be removed af-~,er the ~resent heatin~ season. of April 2! ~or The Counci~ set date ,/a new hearing on "~arki~g Use District" an~ eont,inued the hearing on Lots !!-2h, inclusive of Block 2, Shirley Hills Unit "~" to be zoned Commercial (See i~esoi~tion /~71, next 'oage) Pfeifer moved and Koehn seconded the motion (The original motion was to include Lots l!-2h, Block 2, Shirley Hills Unit"F", but was amended to delete Lots 1!-2~; whereupon the following ordinance was ORDINANCE NO. 169 AN ORDINANCE A~F~DXNG CHAPTER 23, ~ CODE OF ORDINANCES, ENTITLED "ZONING" THE VIV~v~AGE COUNCIL OF ~OUND, MINNESOTA, ORDAINS: That Chapter 23, Mound Code of Ordinances entitled "Zonin~", be, and hereby is, a~ended by: ae Reducing the Residential A-1 Use District as established by Section 23.011, by re- ~o¥in~ therefro~ Lots 1 - 10, inclusive, and Lots 37 - 39, inclusive, and the vacated alleys, Block 3, Shirley Hills Unit F; and the Easterly 8.5 feet of Bl~ck 4, Shirley Hills Unit F. Addin~ to the provisi~ns of Section 23.07, co~ner~ial Use District, Lots 1 - 10, in- clusive, and Lots 37 - 39, inclu~ive, and vacated alleys, Block 3, Shirley Hills Unit F. Ce Adding to the provis~ons of Section 23.08, Industrial Use District, the Easterly 8.5 feet of Block 4, Shirley Hills Unit F. That tb~.s ordinance be effective fro~ and after its adoption and publication according to law. Roll Call Vote: Heikkila Aye Johns on Aye Batdorf Abstained Pfeifer Aye Koehn Aye So carried and ordained. Heikkila moved and Pfeifer seconded a motion RESOLUTION 6h,. -.71 Roll Call Vote: Johnson ~Batdorf Aye Heikkila Aye Pfeifer Aye Koehn Aye So carried and resolved. HARBOR' LIMITS RESOLUTION ORDZRING Hi~ARING ON PROPOSED AMENDMENT CHAPTSR 23, MOTJND CODE OF ORDINANCES ~TITLED "ZONING" t · Permit in Commercial Use Diatric%) Pfeifer moved and Johnson seconded the motion. ORDI~A.~CS NO. 170 AM ORDXNANCE AMENDING CIMPTXR 47, MOUMD CODR OY OnDXJL $, ]mTXTLBX), OJ' soAI , BOATING, AND RELATED ACTIYZTIB8, PROHIBITION OF ~UI~ANCE8 UPON PUBLIC WAT~R~" THE VILLAGE COUNCIL OF MOUND, MINNESOTA, ORDAINS: That Chapter 47, Mound Code of Ordinances, entitled "Regulation of Boats, Boating, and Related Activities; Prohibition of Nuisances Upon Public Water~" be, and hereby is, amended by adding to the provision~ of Section 47.03 thereof the following, Section 47.03 _Specific Public Nuisances Defined. 13. The storing by beaching, docking, or mooring of any boat, canoe, or other watercraft, within the harbor limits by any person other thas the riparian owner, without the written consent of the riparian owner. 14. The beaching, docking, mooring, parking. storing, or leaving unattended of any boat, canoe, or other watercraft on any public water within the harbor limits of thevillage or upon any public property without first obtaining a per, it therefor from the village clerk. 15. The launchinK within the harbor limits of this village of any watercraft for which a license is required under the laws of the State of Minnesota, without such valid license. 16. The placing of any fish house, warming house, or other similar structure on any frozen public waters within the harbor limits of this village, unless there is'legibly painted thereon in letters 3 inches in height the following information: (~) name of owner, (b) address of owner, (c) telephone number of owner, or, if the owner has no telephone, the words "no phone"; and unless the door of such structure can be opened from the outside St all times when the same is in use. 17. The leaving of any fish house, war,ins house, or other similar structure on any freesia public waters within the harbor limits of the village, or upon any public lands within the village, or upon private land within the village without the.owner's written consent, after the let day of March of any year. 18. The use of any fish house, warming house, or other similar structure for any immoral or unlawful purpose. That Chapter 47, ~ound Code of Ordinances, entitled "Regulation of Boats, Boating and Related Activities; Prohibition of Nuisances Upon Public Water~" be, and hereby is, amended by adding thereto the provisions of Section 47.94 as follows, to-wit: Section 47.94 Abatement Any nuisances occUr~'ing hereunder may be abated by any p~lice officer of this village, or any law enforcement official of the county oF state. In the event of nuisances arising under the provisions of this ordinance and relating to unattended boats, canoes, other watercraft, fish house, war~ing house, or other similar structure may be abated by such officer impounding the same and retaining the same until reimbursement is made for the costs of the impounding and storage or, if such property is abandoned, or the owner thereof is unknown and can- not be reasonabley ascertained, the property may be destroyed forthwith, or sold at public auction. If the owner of the prol~erty is known, or his name and address can be deter~ined, he shall be given 5 days advance notice by certified mail at his last known address of the fact of the impounding, of the pro- posed date and place for the sale, and of the costs of the impoundin~. The proceeds of any. such property sold at public auction shall be applied to defray the costs of impounding and such auction and any excess thereof shall be mailed to the owner if his name and address is known, and if the name and address is not known, shall be held by the village for his benefit and subject to the claimant's sufficient identifi- cation of himself as owner of the subject property. This ordinance shall be effective fro~ and after its adoption and publication according to law. Roll Call Vote: Heik~la Aye John son Aye Batdorf Aye Pfeifer Aye Koehn Aye So carried and resolved. TAX FORF~T LAND Batdorf moved and Heikkils seconded a motion. RESOLUTION 6~-72 Roll Cs]_]_ Vote: T{eikkila Aye Johnson Aye Batdorf Aye ~feifer Aye Koehn Aye So carried and resolved, R}~SOLUTION AUTNORIqIN© A ND DI %FCTiNG RECO),W~YANCE TO THE STAT~ OF Ca~/fATN ~NDS AND A?LICATION ~OR CON- VEYANCZ ~P~M T~E STATE OF C :~RTA'~N He~kkila moved smd Pfei-Ser seconded a motion, Ri[;S(:~,UT! ON 6[~-73 N/ESOLUTION ORD~R!NG AMEN~]~£NT SALAP~Y f~CN~PIJL~; (Steno's salary) Roll. Call Vote: Meikkila Aye Johnson Aye Batdorf Aye So carried and resolved. Pfei fer Aye Koehn Aye BILLS The following bills were presented for approval. Heikkila moved and Batdorf seconded a motion to pay the following bills where funds are available. The vote was ~manimously in favor; so carried and approved. Sewer &Water II Schoell & Madson Inspection & Survey, Mains 2-1-64 to 2-29-64 Inspection Plant 2-1-64 to 2-29-64 ~1,217.24 1,177.25 $2,)?8.49 Sewer & Water !II Schoell & Madson Plans .~ °pecifications Survey, Stakes & Inspection ~7,492,22 Sewer ~ Water III T. O. Evensen & Associates, Inc. Sale of TemDor@ry Improvement Bonds of 1964 6~920.O0 ~65,0Z3.23 Liquor Purchases Lynn Johnson Company Ed Phillios & Sons Old Peoria Company Match Corporation of America 137.o5 263.33 856.52 114.34 S1,371.24 MINNETRISTA FIRE CONT,&CT Mr. Kopp reported that an agreement had been reached on the section of Minnetrista to be served by the Mound Fire Department. Mr. Ploetz was asked to draw up an addendum to the present contract between Mound and Minnetrista showing the boundaries as outlined by the Mmund Fire Depart- ment. Pfeifer moved and Johnson seconded the motion to adjourn until March 31, 1964 at 8:00 P.M. ah the Mound Fire Station. so carried and adjourned. The vote was unanimously in favor, R. C. ~oeh~, Mayor