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1973-04-03MINUTES OF THE SPECIAL MEETING OF APRIL 3, 1973 at 8 P.M. at the MOUND VILLAGE OFFICE MOUND, MINNESOTA Present at roll call were: Mayor John P. Kotula, Councilmen Donald Ulrick, Orval Fenstad, John Andreasen and Gordon Swenson; Attorney Curtis Pearson, Village Manager Leonard Kopp, Engineer Keith Englesby, Building Inspector Henry Truelsen and Fire Chief Charles Om. POOL HALL ON COMMERCE BOULEVARD The Village Attorney outlined the State Building Code requirements covering business occupancy in cellars requiring two exits and a one hour fire assembly throughout the entire structure. The Fire Chief said that the State Fire Prevention Code did not require two exits; but the Pool Hall building should have a ceiling of business fire rating material installed, two fire extinguishers installed and the meters should be enclosed. The Fire Chief said he would have the State Fire Marshall out to inspect the building and a written report from the State Fire Marshall would be given %o the Mound Village Council. James Ogland wanted to know if the licenses necessary for operation of the Pool Hall would be granted if the necessry installations were made. The mayor and each of the councilmen in turn felt they could not pass on licenses for such a building until the necessary installations were made and the necessary applications were filed, however all agreed they would accept the recommendations of the Mound Attorney, the Mound Building Inspector and the State Fire Marshall. Timothy Ogland stated that he would cooperate to bring the buildin§ up to code. No action was taken. VILLAGE OF SPRING PARK PROBLEM The mayor of Spring Park, Gerrit Schmidt and their engineer Frank Laska of Schoell and Madson before the council pleading an e.mergency need for services because of the resignation of Willard Bush, Utility Superintendent. Mound engineer said to answer Spring Park there were three alternatives: 1. They could hire a man 2. Contract the service needed from another community 3. Mound take over the services permanently If Mound would take over permanently or on a contract basis our~!.immediate needs would be to: 1. Increase water dept. by one man 2. Increase sewer dept. by one and one half man (one full time and one for p~t:'time~,~~. Temporary aid would need one man now. Fen~tad moved and Andreasen seconded a motion RESOLUTION 73-91 RESOLUTION AUTHORIZINGItlRtNG A~;!:~ERAND SEWER MAINTENCE MAN The roll call vote was unanimously in favor. Discussed were: Burger Shoppe, Ben Frsnklin Store and public hearings for licenses in certain areas. Andreasen moved and Swenson seconded a .motion to adjourn until the .meeting of April 10, 1973 at 8 P.M. at the Shirley Hills School; the vote was unanimously in favor. teo~ard Kopp, Village Manager MINUTES OF THE COUNCIL MEETING OF APRIL 10, 1973 st the SHIRLEY HILLS SCHOOL MOUND, MII~NESOTA Present were: Mayor John D. Kotula, Councilmen Gordon Swenson, Orval Fenstad, John Andreasen and Donald Ulrick; Attorney Curtis Pearson, Inspector Henry Truelsen, Engineer Keith Englesby and Village Manager Leonard Kopp. MINUTES The Minutes of the March 27, 1973 meeting were presented for consideration. Andreasen moved and Fenstad seconded a motion to accept the .minutes of the March 27, 1973 meeting as presented. The vote was unanimously in favor. The Minutes of the Special Meeting of April 3, 1973 were presented for consideration. Swenson moved end Andreasen seconded s .motion to accept the .minutes of the April 3, 1973 Special Meeting as presented. The vote was unanimously in favor. HEARINO ON OCCUPANCY ORDINANCE (first in a series of three)(Real Estate Representatives) The attorney, Curtis Pearson outlined the conditions of the proposed ordinance. Comments by Realtors:end Answers: Jim Bedell - After having paid for an inspection if anything is found to be in violation of the ordinance he feels that he would be off the hook and the Village would be liable. (Assuming the house passed the initial inspection.) Dale Pixler - Only houses sold on Contract for Deed are not inspected by the finance officers; he feels the economic climate rules out many sales under the Contract for geed arrangements. Norm Meyer - How is the insulation checked without removing wall covering? Inspector - Removing electric switch plates~ heat register covers and ~rl~l~ecting the~dc rafters. Jim Bedell - Believes in laws protecting health and safety but the system has always been ~et the Buyer Beware". The fee of ten dollars is too small for the job needed, even new houses blow up. Dale Pixler - The ordinance does not cover all houses in the village, to be fair is should cover all. Don Ulrick - In 23~ housing the owner has only a small investment and if things do not go well - the house ~s. often abandoned with no maintenance it ten~ to !deteriorate mgDild~y. The financing agency wants new owners end not to put more money into s already losing project, so it is sold as quickly ss possible and cycle is again in motion. Bud Slade - This ordinance is only for the protection of health and safety and has nothin9 to do with the appearance of the property. Cosmetic treatment (minor repair and paint)is often applied for sale purposes and .may cover a major defect that would affect the health and safety of an occupant. Inspector - Ted Oare - Remodeling often b~ings on an over-load on orginsl electric services. Need the Housing Code Requframents to fully understand the proposed ordinance Fred Merrill - We fear this ordinance because we were not informed of the ulterior .motives behind this ordinance. Mrs John Hurley - The ordinance will penalize all for a minority situation. Jim Bedell - If the house inspected did not pass inspection then what? Inspector - No occupancy permit would be issued and no one could live in the structure if it did not meet the health and safety regulations. gave Mossier - The house could be condemned and torn down, all conde.mned houses should be torn down. Tom Buchanan - Would like the reason for this ordinance, the 'under the bush Mayor Kotula - Called for a show of hands of the realtors present - counted ten Dan Estes - In the lower priced home does the seller have to do the updatin§? Inspector - Who does the updating is immaterial, but no occupancy permit would b~ issued until the structure is in compliance with the ordinance. Dale Pixler - Why have we bad houses standing in Mound when the village has the power to get rid of them. Mayor Kotula - Takes time for condemnations, certain steps that must be taken. Inspector - Have 102 structures removed so far and have from 25 to 30 to go at this time. Roy ODonnell - We do not need this ordinance, take the time to develop some of our undeveloped park lands instead. John Hurley - Seems that strangers are getting .more consideration than the long time resident. Fred Kellogg - Think the concept of the ordinance is good but how lonU Will we have to wait for an inspection; twenty four hours? Inspector - 22 hours Realtor - If a house is listed for x number of dollars and the inspection reveals a number of expensive repairs have to be made how can the price be raised after the listing is made? Ordinance will slow building, and once the door is open with this ordinance more could follow. We object to the ordinance as we feel this is tskin§ our freedom away from us. Checking the contract for deed exchanges will be difficult and the buyer will be stuck with the needed repairs. If all homes in the village were covered we feel this ordinance would be .more fair. The Mayor declared this he,ring closed at 9:h~ P.M. PUELICIZE REQUIREMENTS AND DEFINITIONS OF THE PROPOSED ORDINANCE Fenstad moved and Ulrick seconded a .motion RESOLUTION 73-92 RES~UTION DIRECTING ADMINISTRATION TO SEND NEWSLETTER TO EVERY HOUSEHOLDER RELATIVE TO PROPOSED OCCUPANCY ORDINANCE Roll Call Vote Aadr~as~n' Aye, Fenstad Aye Ulrick Aye Swenson Aye Kotula Nay So resolved HEARING DATE FOR SECOND HEARING OF OCCUPANCY ORDINANCE Fenstad moved and Andreasen seconded a motion RESOLUTION 73-93 RESOLUTION SETTING A SECOND PUBLIC HEARING ON PROPOSED OCCUPANCY ORDINANCE FOR MAY 8, 1973 The vote was unanimously in favor PLANNING COMMISSION RECOMMENDATIONS Arthur Ahlm - Lot 16, Block 7 Devon Front Yard Variance of 12 feet Mr and Mrs Ahlm were present, Mr Kurt Carlson was not present¥ Fenstad moved and Andreasen seconded' a:motion RESOLUTION 73-9h RESOLUTION GRANTING FRONT YARD SETBACK VARIANCE (Lot 16, Block 7, Devon) The vote was unanimously in favor I T Maus Lots 2h and 2~, Block 10, Wychwood Front Yard Variance Ulrick moved and Swenson seconded a motion RESOLUTION 73-9~ RESOLUTION GRANTING FRONT YARD SETBACK VARIANCE (Lots 2~ and 25, Block 10, Wychwood) The vote was unanimously in favor Willard Hillier Part of Lot ~2, Lynwold Park Vacation of Alley Willard Hillier was present Andreasen moved and Swenson seconded a motion RESOLUTION 73-96 RESOLUTION SETTING HEARING FOR VACATION OF ALLEY krEST OF BEN FRANKLIN STORE SITE The vote was unanimously in favor Gene G. LaMarre Lot 9, Block 1Halstead Acres 2nd Addition Side Yard variance Andreasen moved and Swenson seconded a motion BE IT MOVED, by the Village Council of the Village of Mound that the matter of a Side Yard Variance on Lot 9, Block 1Halstead Acres 2nd Addition be tabled. The vote was unanimously in favor Fred Kropp Lots 1~ and 16, Block 1~, ~ychwood Side Yard Variance Andreasen moved and Fenstad seconded the motion RESOLUTION 73-97 RESOLUTION GRANTING REAR YARD VARIANCE (Lots 1~ and 16, Block 15, ~ychwood) The vote was unanimously in favor Zubert Construction Lots 15 and 16 Block 2[, Whipple Front Yard Set back Andreasen moved and Fenstad seconded a motion (Brian Zubert was present) BE IT MOVED, by the Village Council of the Village of Mound that the .matter be tabled until Zubert Construction returns to the Planning Commission with the new plans. The vote was unanimously in favor Alan Greene Lots 3 and [, Block 3, Shirley Hills Unit Front and Side Yard Variance B Alan Greene was present Andreasen moved and Ulrick seconded a motion RESOLUTION 73-98 RESOLUTION ORANTINO FRONT AND SIDE YARD VARIANCES (Lots 3 and 2, Block 3, Shirley Hills Unit B) The vote was unanimSusly in favor LAGOON PARK Leo Clifford was present. The engineer explained the background of the present problem and stated the Park Commission had asked Mr. Clif£ord to remove, his fence and utility building from park property. Mr. Clifford ask if he could buy some park property. Swenson moved and Andreasen seconded a motion BE IT MOVED, by the Village Council of the Village of Mound that the .matter be tabled until the .meeting of May 8, 1973 to allow time .%~ negotiate a settlement of the problem, such negotiations to be presented to the council for consideration. The vote was unanimously in favor COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Phil Weiland Lots 30 and 31, Block 2 A L. Crockers Lakeside Park Mr Weiland asked that Balsam and Spruce Roads be resurfaced and upgraded and restored to its former state before the Housing for the Elderly was built. Councilmen Ulrick and Fenstad agreed that the village bore some of the responsibility for the present condition of the roads in question. Mr Weiland said he had already paid for oiling of that stretch twice out of his own pocket. Fenstad moved and Andreasen seconded the motion RESC~UTION ?3-99 RESOLUTION DIRECTING ADMINISTRATION TO FIGURE CC~T OF SEAL COATING SPRUCE ROAD AND BALSAM ROAD AND INVESTIGATE THE POSSIBILITY OF ASSESSING THE HOUSING FOR THE ELDERLY The vote was unanimously in favor BUR~ER SHOPPE SPECIAL HEARING Andreasen .moved and Ulrick seconded a .motion RESOLUTION 73-100 RESOLUTION SETTING INFORMAL HEARING AT THE VILLAGE OFFICE TO CONSIDER THE RESULT FOR A ~B~JRGERSHOPPE (April 17, 1973 at 8 P.M. at the Village Office) The vote was unanimously in favor WEST HENNEPIN CENTRAL HENNEPIN HUMAN SERVICES PLANNING BOARD Chuck Peterson spoke joining the West Hennepin County Human Services as one of the or§inals and requested a letter of intent to the City of St Louis Park. The Village Manager recommends the action. Andreasen ,moved and Ulrick seconded a motion RESOLUTION 73-101 RESOLUTION DIRECTING THE VILLAGE MANAGER TO SEND A LETTER OF INTENT TO JOIN THE WEST CENTRAL HENNEPIN HI,AN SERVICES PLANNING BOARD The vote was unanimously in favor. 46 METRO RATE AUTHORITY Swenson moved and Fenstad seconded a motion RESOLUTION 73-102 RESOLUTION DIRECTINe THE VILLA6E MANA6ER TO SEND A LETTER OF INTENT OF PARTICIPATING IN THE METRO RATE AUTHORITY TO THE CHAIRMAN OF THE STEERIN~ COMMITTEE OF NSP ELECTRIC RATE STUDY The vote was unanimously in favor. STREET LIGHT REQUEST Ulrick moved and Swenson seconded a motion RESOLUTION 73-103 RESOLUTION ORDERING INSTALLATION OF STREET LIGHT AT THE INTERSECTION OF CAMBRIDGE AND BRUNSWICK ROAD The vote unanimously in favor Street light on Strsfford and Manchester discussed, out. TAX FORFEIT LAND The Engineer recommends the return of this land Fenstad moved and Ulrick seconded the motion RESOLUTION no action until staff checks RESOLUTION RELEASING FOR SALE PART OF THAT PART OF LOTS 3 & 4, BLOCK 4, THE HIGHLA1VDS, WHICH WAS AOQUIRED FOR THE WIDENING OF RID~EWOOD ROAD The vote was unanimously in favor TRANSFER OF FUNDS Fenstad moved and Swenson seconded a motion RESOLUTION 73-105 RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS The vote was unanimously in favor. BILLS The following bills were presented for consideration. Swenson moved and Fenstad seconded a motion to pay the bills where funds are available. The roll call vote was unanimously in favor. Village of Mound March Bills Payable,- ApriI IO, I973 LIQUOR FUND PURCHASING Coca Col~ Day Distributing Co. DistilTers Distributing Co. 0.M.. Droney Beverage Gold Medal Beverage Harems Twin City S~]es Co. Home Juice Co. Lake Region Beverage Co. Leding Distr~but~r,g Co. McKesson Liquor Co. Mid-3~est Wine Co. Notermann - Weber St.~ Foni Beverage Co.~ 7- Up BOttling Co. Thorpe Distributing Co. 67.70 948.38 1,523.42' I17.68 1~o.45 238.15 30,75 2,588.84 1,495.83 2,817.68 382.9~ 56~.1o ~og.$o 1,%f.6o !~,668.21 E LIQUOR Fi[ND O~ERATING Frank Blackowiak Culligan Display Fixtures Green T. Acctg Minnegasco Mound Hardware Mound Shoppin~ Ocnter National Cash Register Northwest Linen N~Isom"gchernau Tom Sterner PLANNING COMMISSION FUND Mound Postmaster North Hennepin State CIVIL DEFENSE FUND Continental Telephone 24.00 6.10 4,596.00 I30.00 30.45 18.76 ~67.~' 3I. O0 34.60 8.30 I03.oo 30.00 3o.oo 40. O0 5,450.13 60.00 40.00 47 INSPECTOR FUND Ben Franklin Impression (Rubber Stamp) Continental Telephone Miller Davis Mound Building Center Henry Truelsen .99 5.4o 24.o2 1.8~ 122.49 163.20 PARK FUND Claude Black Jr Continental Telephone Northern States Power Rogers POOR & WELFARE FUND Suburban Hennepin County Relief Board 2. O0 8.80 874.28 57.17 874.28 SEWER ASSESSMENT FUND Hennepin County Finance 348.30 348.30 BOND & INTEREST C.B.D. PARKING Burlington Northern 275. oo 27~. oo E WATER FUND Mound Postmaster Earl F. Andersen & Assoc Bertelson Bros Bad§er Meter Continental Telephone Holden Business Forms Hawkins Chemical Mpls Gas Co Mound Hardware Northern States Power 30.00 34.75 ~.go 971.52 23.80 142.48 66.68 933.79 2,398.79 SEWER FUND Metro Sewer Board (SAC) Earl F. Andreasen & Assoc Continental Telephone Holden Business Forms Mpls Mound Hardware Metro Sewer Board Marina Auto Supply Northern States Power 816.7~ ~. 75 3.00 142.48 '49.03 ~6:.42 1,49o.93 22.00 1,47o.93 3,995.25 MINUTES OF THE SPECIAL MEETING OF APRIL 3, 1973 at 8 P.M. at the MOUNI] VILLAGE OFFICE MOUND, MINNESOTA Present at roll call were: Mayor John D. Kotula, Councilmen Donald Ulrick, Orval Fenstad, John Andreasen and 6ordon Swenson; Attorney Curtis Pearson, Village Manager Leonard Kopp, Engineer Keith Englesby, Building Inspector Henry Truelsen and Fire Chief Charles Om. POOL HALL ON COMMERCE BOULEVARD The Village Attorney outlined the State Building Code requirements covering business occupancy in cellars requiring two exits and a one hour fire assembly throughout the entire structure. The Fire Chief said that the State Fire Prevention Code did not require two exits; but the Pool Hall building should have a ceiling of business fire rating material installed, two fire extinguishers installed and the meters should be enclosed. The Fire Chie£ said he would have the State Fire Marshall out to inspect the building and a written report from the State Fire Marshall would be given to the Mound Village Council. James Ogland wanted to know if the licenses necessary for operation of the Pool Hall would be granted if the necesary installations were .made. The mayor and each of the councilmen in turn felt they could not pass on licenses for such a building until the necessary installations were made and the necessary applications were filed, however all agreed they would accept the recommendations of the Mound Attorney, the Mound Buildin9 Inspector and the State Fire Marshall. Timothy O91and stated that he would cooperate to bring the buildin9 up to code. No action was taken. VILLAGE OF SPRING PARK PROBLEM The mayor of Spring Park, 6errit Schmidt and their engineer Frank Laska of Schoell and Madson before the council pleading an emergency need for services because of the resignation o£ Willard Bush, Utility Superintendent. Mound engineer said to answer Spring Park there were three alternatives: 1. They could hire a man 2. Contract the service needed from another community 3. Mound take over the services per~manently If Mound would take over permanently or on a contract basis ourlimmediate needs would be to: 1. Increase water dept. by one man 2. Increase sewer dept. by one and one half man (one full time and one for Temporary aid would need one man now. Fen~tad moved and Andreasen seconded a motion RESOLUTION 73-91 RESOLUTION AUTHORIZINGHIRING A,~F~ERAND SEWER MAINTENCE MAN The roll call vote was unanimously in favor. Discussed were: Burger Shoppe, Ben Franklin Store and public hearings for licenses in certain areas. Andreasen .moved and Swenson seconded a motion to adjourn until the meeting of April 10, 1973 at 8 P.M. at the Shirley Hills School; the vote was unanimously in favor. Leor{ard Kopp, Village Manager Warbara Heyman, 'Villa~ ~lerK