1961-02-21MINUTES OF THE ADJOUrnED MEETING OF THE MO~D VILLAGE COUNCIL - FEBRUARY 21, 1961
8:OO P.M. at the MOUND FIRE STATION, MOUND, MINNESOTA
Present were~ Acting Mayor Gordon Batdorf, Trustees Del Pfeifer, Dr. Byron Petersen,
Howard Om; Manager Leonard Kopp,. Attorney Ray Ploetz, Village Planner Mr. Law of
Engineer.
RECONVENED HEARING OF ZONING ORDINANCE AMENDING
Mr. Law presented a suggested ~mendment to the Zoning Ordinance.
ORDINANCE TO AM~qD ZONING O?~INANCE ~Z~
Pfeifer moved an ordinance. Petersen seconded.
Poll Call Vote:
Pfeifer Aye
Petersen Aye
Orn Aye
Batdo rf Aye
So carried and adopted.
186
PETITION FOR WATER SERVICE - RESOLUTION #1
Pfeifer offered the following resolution and moved its adoption.
the motion.
Orn seconded
RESOLUTION RECEIVING REPORT
AND CALLING FOR HEARING ON IMPROVEMENT
WHEREAS, pursuant to resolution of t~o~n~cil adopted January 31, 1961,
a report has been prepared by ~Schoell and Madson, Village
Engineers, with referenc~ t~he improvement of Concord Boule-
vard between the easter~ly~ine of Commerce Boulevard and the
easterly line of Cha~mYPlace and First Avenue between the
northerly line of ~n~rd Boulevard and the southerly line of
Maywood Road by wa.t~main improvement thereon, and this report
was~ received~~_~by ~b~ Council on February 21, 1961;
1. The Coun~il will consider the improvement of First Avenue
_ bet~weeja the northerly line of Concord Boulevard and the
~ ~ou~rly line of Maywood Road in accordance with the re-
-nort on~p~b~t~and the assessment of abutting property for all or a
portion of the cost of the improvement pursuant to Minnesota
Statutes, Secs. 429.0!1 to 429.111 (Laws 1953, Ch 398 as
amended) at an estimated total cost of the improvement of
$3,120.00.
2. A public hearing shall be held on such improvement on the
14th day of March 1961, in the Village Fire Hall at 8:00
o'clock P.M., and the clerk shall give published notice of
such hearing and improvement as required by law.
Roll Call Vote:
Pfeifer Aye
Orn Aye
Petersen Aye
Batdorf Aye
So carried and resolved.
TREASUPJ~R' S BOND
Orn offered the following resolution and moved its adoption.
motion°
Pfeifer seconded the
BE IT RESOLVED the Bond for the Village Treasurer, Faye M. Whalen, in the amoUnt of
$15,000.00 be accepted by the Mound Village Council.
Roll Call Vote:
Petersen Aye
Orn Aye
Pfeifer Aye
Batdorf Aye
Carried and resolved.
?REPARATION OF REPORT ON WATER MAIN IMPPDV~ENT - RESOLUTION
Pfeifer offered the following resolution and moved i ts adoption.
RESOLUTION ORDERING PREPARATION OF
REPORT ON WATER MAIN IMPROVEMENT
FIRST AVENUE
Orn seconded
WHEREAS, the Council did on January 31, 1961, order preparation of report
on water main improvement, but did therein use erroneous street
name s,
~EREAS, the Council did on February 21, 1961, adopt a resolution accept-
ing said report and calling hearing for improvement, and
~EREAS, it is proposed to improve First Avenue between the northerly line
of Concord Boulevard and the southerly line of Lakewood Drive,
by water main improvement thereon, and to assess the benefitted
property for all or a portion of the cost of the improvement,
pursuant to Minnesota Statutes, Section h29.011 to ~29.111 (Laws
1953, Ch. 398, as amended),
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA:
That the proposed improvement be referred to Schoell and Madson,
Village Engineers, for study and that they are instructed to re-
port to the Council with all convenient speed advising the Coun-
cil in a preliminary way as to whether the proposed improvement
is feasible and as to whether it should best be made as proposed
or in connection with some other improvement, and the estimated
cost of the improvement am
Roll Call
Petersen Aye
Pfeifer Aye
Om Aye
Batdorf Aye
So carried and resolved.
PP~PAPATION OF REPORT ON RIDGEWOOD DRIVE
Pfeifer offered the following resolution and moved its adoption.
motion.
Orn seconded the
RESOLUTION ORDERING PREPARATION OF
REPORT ON WATER MAIN IMPROVEMENT
RIDG~OOD DRIVE
WHEREAS, it is proposed to improve Ridgewood Drive between the northerly
extension of the easterly line of Lot 7, Block 6, "The High-
lands" and the northerly line of Idlewild Drive by watermain
improvemeut thereon, and to assess the benefited property for
all or a portion of the cost of the improvement, pursuant to
Minnesota Statutes, section h29.011 to h29.11i (Laws 1953,
Chapter 398, as amended),
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA:
That the proposed improvement be referred to Schoell and Madson,
Village Engineers, for study and that they are instructed to
report to the Council with all convenient speed advising the
Council in a prel~.minary way as to whether the proposed improve-
ment is feasible and as to whether it should be made as prooosed
or in connection with some other improvement, and the estimated ~
cost of the improvement as recommended.
Roll Call Vote:
Petersen
Pfeifer
Orn
Batdorf
So carried and resolved.
Aye
J.P. BOND -L. E. BROPHEY
Pfeifer offered the following resolution and moved its adoption.
the motion.
Petersen seconded
BE IT RESOLVED the Justice of the Peace Bond for L. E. Brophey in the amount of
$1,000.00 be approved by the Mound Village Council.
Roll Call Vote:
Petersen
Pfeifer
Orn
Batdorf
So carrid and resolved.
Aye
Aye
Aye
Aye
CIGAP~TTE LICENSES
Petersen moved and Pfeifer seconded a motion.
BE IT MOVED, the following cigarette licenses be granted for the year 1961:
John Osell - Mileage Station
Mueller Pharmacy
Gilbert Grin~ Gr6cery
The vote was un~Aimously in favor. So carried
The matter of the insurance carried by the village was discussed
PETITION FOR WATER IN THE THREE POINTS AREA
Tabled until the March lhth, 1961 meeting
CONVEYANCE OF TAX FORFEIT LANDS
Petersen offered the following resolution and moved its a~option.
A RESOLUT~ION AUT~ORIZING AND DIRECTING
THE MAYOR AND MANAGER TO koPLY FOR CON-
VEYANCE OF TAX FORFEITED LANDS
Pfeifer seconded
WHEREAS, the State holds as tax forfeit certain land in the Village of
Mound legally described as:
Lots 2h,25,26, Block 1, Arden Addition
Lots 1 through 13, Block 8, Arden Addition
Lot 26, Block 5, Arden Addition, and
Lots i and 19, Block 37, Wychwood
WHEREAS, the Village of Mound requires said Lots 2h,25,26, Block 1
Arden Addition and Lots I through 13, Block 8, Arden
Addition for municipal well, storage, water supply and water
distribution system, and
~{EREAS, the Village of Mound requires said Lots 1 and 19, Block 37,
Wychwood and Lot 26, Block 5, Arden Addition for street and
road purposes,
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COI~CIL OF MOUND, MINNESOTA
That the Mayor and the Manager be, and hereby are, authorized
and directed to make proper application for the conveyance
thereof, for said purposes to the
190
Roll Call vote:J
Petersen
Pfei fe r
Orn
Batdorf
So carried and resolved.
Aye
Aye
Aye
Aye
AUTHORIZING AND DIRECTING P£COVE~-iY- 'Lots 18 an~ 19 Block t- Pembrooke Addition
Petersen offered the following resolution and moved its adoption.
a mo~ian,
A RESOLUTION AUTHORIZING AND
DIRECTING THE ~YORAND THE CLERK
TO RECOVERY TO THE STATE OF MINN~SOTA
Pfeifer seconded
WHEREAS, the Village of Mound holds, pursuant to limited State Deed,
pursuant to Chapter 511, Laws 1936, and legally described as
Lots 18 and 19, Block 1
Pembroke Addition
AND ~HEREAS, the Village only requires the easterly 25 feet of said lots
for public purposes,
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA:
That the Mayor and the Village Clerk be authorized to execute
reconveyance to the State to
Lots 18 and 19, Block 1
Pembroke Addition, except
the easterly 25 feet thereof
measured at right angles to
the easterly line thereof.
R°li Call Vote~
Petersen
Pfeifer
Orn
Batdorf
So carried and resolved.
Aye
Aye
Aye
Aye
The follo~ng list of bills were presented for payment. Ornmoved and Pfeifer
seconded a motio~ to pay the bills where funds are available.
The vote was unanimously in favor. So carriedo
BILLS PAYABLE - February 21, 1961
Village of Mound, Minnesota
GENERAL FUND
Monroe Calculating
Miller Davis
Eastman Kodak
Minnetonka Oil
Farnham' s
Busse Sheet Metal
David Agency
POLICE FUND
Standard Oil
Reed Agency
John Laske r
Busse Sheet Metal
FIRE FUND
Minnesota ~ Smoke Eater~
Minnesota Fire Equipment Co.
~TER FUND
Minnetonka Oil
Standard Oil
M. Ko Feser
STREET
Northern States Power
Minnetonka Oil
Standard Oil
Lyle Signs
M, Ko Feser
GENE?JkL LIQUOR CHARGE BACK
Minnetonka Oil
Walters Melzer Associates
Jim Keller
David Agency
TOTAL
6,54
33,45
91,48
3.60
68.00
116.50
10.O0
45.oo
27.00
64o0q
53.37
38.83
223.33
12.50
38o84
10.20
40.94
183.27
196.O0
2 82 o07
239.50
91.00
99e26
291e93
H95.50
192
SHOREWOOD FIRE CONTRACT
Orr~ offered the following resolution and moved its adoption.
the motion.
Pfeifer seconded
WHEREAS the Village of Shorewood is desirous of obtaining fire service for certain
of its territory from the Village of Mound Fire Department$
W~HEREAS the Village of Shorewood will pay therefore the annual consideration of
two hundred dollars ($200.00) plus the sum of sixty dollars ($60.00) per
hour or portion thereof for fire service rendered.
NOW~qEREFORE BE IT RgSOLVED BY THE VILLAGE COUNCIL OF MOUND, MINNESOTA
1. That the acting mayor and manager be authorized and directed to execute the
Fire Service Contract ~ith the Village of Shorewood of ~hich said contract
is attached hereto as Exhibit A~
2. That the village manager is authorized and directed, with the consent of
said village, to secure the execution thereof by said village.
Roll Call Vote:
Petersen
Pfei fe r
Orn
Bat do rf
So carried and resolved.
Aye
Aye
Aye
Aye
FIRE SERVICE
THIS A~P,E~T ~ade and entered into this ./~_ day of February, 1961 by and
between the Village of Mound, a Municipal Corporation of the County of Hennepia
and State of Minnesota, party of the first part, and the Village of Shorewood~ a
Municipal Corporstion of the County of He~nepin and State of ~innesotaj party of
the second part,
WITNESSETH ~
That~ whereasj party of the second part is desirous of having fire protection
service furnished by the Mound Fire Department, Island Park Station and
WHE~AS party of the first part has the facilities and equipment and is will-
ing and able to provide said fire protection service;
N~, THEREFORE, in consideration of the premises and the mutual covenants of
the parties hereto, it is agreed as follows:
Party of the first part agrees~
(1) To provide fire protection service in that portion of said Village of
Shorewood extending South of a li~e ruling East and West from the T~ of
Minnetrista on that portion of Enchanted Island, and all of Shad~ Island within the
incorporated village limits of Shorewood, and to do all things needful within its
capabilities in the rendition of such fire protection service when duly called and
when compensation for such service has been ~uly arranged for prior to such call.
The aforementioned area is legally described as part of the N~ of Section 30 and
part of the S~ of Section 30~ Township 117, Range 24.
(2) To endeavor to protect and save life and property frc~ destruction by
fire in the said area.
(3) To provide the aforesaid fi~e protection for the period from January 1,
1961 through December 31, 1961.
Party of the second part agrees~
(1) That said party of the first part, in carrying out the purpose of this
contract shall have free right to run the streets of the Village of Shorewood with
its vehicles and apparatus and shall have free access to and the right to enteri~ all
buildings and premises threatened by fire or where a fire may be in progress, or
any building or property contiguous thereto.
It is further agreed by and between both parties as foll~w~s~
(1) The fire protection service shall be furnished by party of the first part
for the sum of $60.00 per hour for each hou~party of the first pa.-t is engaged in a
fire call within the area serviced. Payment of such charges shall be enforceable
against the owner of the premises or buildings serviced. In case the owner of the
p~emises or buildings so serviced fails, neglects or refuses to pay such cha~ges with-
in a reasonable time, party of the second part, will, upon demand by party of the
first part, pay such charges to party of the first part and will, upon payment there-
of to party of the first part, be subrogated to all rights of party of the f~ret
part against the owner of the premises or buildings so serviced on account of such
charges.
(2) In addition to the foregoing consideration, the second pa~ty agrees to
pay to the first party for the services to be herein provided, the sum of Two Hundred
Dollars ($200.00) to cover the period from January 1, 1961 through December 31, 1961,
said Two ~ndred Dollars to be paid first party on or before l'iarch 15', 1961.
(3) Fire calls originating within the limits of the Village of Mound shall
have priority over those originating within the limits of the Village of Shorewood.
(4) Either party, upon ten days written notice to the othe~ party may cancel
this agreement ami a copy of such notice shall be transmitted to the Minnesota State
Tax Commissioner; upon the expiration of such ten days, the rights and liabilitiez
hereunder shall cease and this agreement shall be deemed terminated. In the event
of cancellation by either party hereto, it is understood and agreed that the stipulated
payment of Two Hundred Dollars ($200.00) hereinbefore provided for, nor any portion
thereof will be remitted or refunded in the event of cancellation.
IN ~ITNESS WHEREOF, the pa~ties hereto have hereunto set their hands this
day of February, 1961.
At test
VILLAGE OF M(X;ND
~yor n , J
~-~g~ ~ , . i I
VILLAGE OF SH(REWOOD
Mayo~ ,--
.'Cl-erk
AN ORDINANCE AI~NDING CHIPTER 26, P~T
"A" OF ~E ~D CODE OF O~C~,
"~TION OF ~ON, ~NS~G~0N,
~G~T, ~T~ON, ~AIR, ~,
~OV~, D~LITION, CO~ION,
~C~CY, ~UI~T, USE, H~T, ~
A~ ~N~CE OF ~ ~ILD~ ~D
S~C~"
VILLAGE COUNEIL OF MOUND, MINNESOTA, ORDAINS:
1. Chapter 26, Part "A", of the Mound Code of Ordinances, entitled "Buildin~
Code - Regalation of Erection, Construction, Enlargement, Alteration, ~epair,
Mowing, Removal, Demolition, Conversion, Occupancy, Equipment, Use, Height, Area
and Maintenance of Ail Buildings and Structures" is hereby amended by adding
thereto the provisions of sections 26.161 and including 26.16~ as follows, to-
wit:
=Section 26.161 Permit ReQuired, Buildin$ Moving - Fee It shall be ~law-
f,~l for any person, firm or corporation to move sny bailding or structure into
the Village of Mound from any place outside the Village, or wholly within the
Village of Mound from one lot or parcel to another, or from the Village to a
point outside the Village without first making application to the Building In-
spector and securing a permit therefor as hereinafter provided. Upon making
application for a permit to move such building there shall be paid a fee of
$5.00 for garages and small out buildings without living quarters and of $50.00
for ail ether buildings or structures. Said fee shall be refunded if the permit
be refu~ed.
Section 26.162 Permit ReQuireme.nt, Exception No moving permit shall be required
for the moving of any building or strUctur-e smaller in size than the followL~g
dLmensions: 8 feet high~, 10 feet wide end 15 feet long.
Section 26.163 Conformity of ~uitding or Structureto Buildin~ Ood~ ~-
~[~ Whether or not a per~ is require~, ~o Building or structure shall' be
moved to ~ location within this Village unless it conforms to the building,
plumbing, heating, electrical and other construction regulations of this Village
relatinE to new structures. If censtruction, alteration or repair work on such
M'.ilding or structure will be necessary to make it conform to such regulations,
permlt~ fo~ ~uch work shall be obtained before such b~ilding or structure is
moved, which permits shall make provision for the doing of such work within 90
d~y~ after such building or structure is located in this Village. Failure to
~&, such building or structure conform to such construction regulations within
s~c~ 9e-day period shall constitute a violation of this ordinance, and each day
t?~at erich violation is continued after suc~ 9e-day period shall constitute a
separate offense.
No smch building or structure .,hall be moved to a location within this
Village unless it will conform to the zoning regulations of the Village, will
conform to the front-yard ~nd other setback and lot area requirements, and will
be a building or structure of the same general character and appearance as other
ORDINANCES
193
Trampolin and Go-Kart Ordinances tabled until March l~, 1961
HOUSE MOVING 0 i~DINANCE ~//-2
Petersen offered the following resolutuion and moved its adoption..
the motion.
Orn seconded
194
buildinE~ or struct~res in the vicinity. If the Building Inspector shall be in
dcubt as 'bo ~ether such bu~lding or structure will sufficiently conform to t~
character of the neighborhood into which it is proposed to be moved, he may refer
the matte~ to the Village Cou~ucil for determination. The Village Council may
hold a public hearing on said question and shall determine whether or not such
building or st~acture will be permitted ab the proposed location.
Section 26.164 Alm~!ication, Insurance, Inspections, Conditions In the'ap-
p].~cation required by-~-~-i-~ ~]~-~-{~e"a~p!ic~nt Shal~ fu~i~'~ t~e ~il~ng
In~oector ~th such info~ation as he may require coucerning the size, locatlcn,
method of const~ucticn, tlrpe of building or st~ctu~, proposed loca~on, the
equi?ment prooosed to ~ used in the moving, the p~posed ~ute, the p~pos~d
leagth of time that the buildin~ will ~ upon the Vi~.age streets, the da~ ~d
hours when ~uch mo~ng ia to b9 made, the financial responsibility of the ~pli-
man% a~nd ~,i~Ae insurances protection carried ~ the applicant.
The z~plication shall be acco~pa~ed by a proposed route and t~etable of
the move ~pnroved by th~ V~.llaE~ Chief of Police, Village ~gin~.er, and the gas,
el~ctric, and t~l~phone utility c~panies as at such time are doing ~siness with-
in the Village. '~e a~licatlon shall also ~ scc~panied by a copy of an insur-
ance policy insuring aga~ nat liability for personal inJu~ or death occurring in
the ccurse o~ s,~ch ~v4r~g ~.th limits of liability not less than $50,~O.~ for
each in~vidusl ~d $]~,~.OO for each occurrence and against liability for
?~-operty dam~g~ ~th limits of liability ~x~t less than $10,~00.~ each occurrence.
A% the discretion of the ~]ilding Inspector, the application may ~ req'~red to
~ also sccomoanied by a plat of the proceed location sho~ng the p~posed loca-
tion witL reference to the p~perty lines and bu~dir~s in the vicinity.
Th9 ~plicant shall give acces~ to sa~d buil~ng or st~ctu~ to the ~uild-
!nC !~spectcr f~r the purpose cf inspection and shall pe~t the ~il~ns In~ector
to inspect the cqui-'~:~n% to ~ used ~ such moving.
No ~uch zppitcst~cn for a mo~_ng permit shall ~ granted by the ~ild~g
Inspec~ ~nicss such bulling or structur~ c~n ~ moved ~th reasonable safety
to p~rsons or prcp,~rty wd~thin ~his Village. 5he Building Inspector may L~ose
such co~ditions as ~e necessary to assure c~pliance with the ordinances of this
Village add to ~ssure 'Lhe public safety fram inJu~ to ~rsons or property ~th-
i~] ~hls Village.
Section 26.165 A_~_~ica~ion~: R~:ference to Chief of Police After examination
of said s~.~!Ication, annexes, and all facts relative thereto~-if the Building
Inspector shs!l be ~atisfled that the ordinances of this Village ~11 not be vio-
lated kt~ such ~o~,~ng sod. theft the public safety w~ll not be Jeopardized thereby,
i,~e ~ha].'~ ':'e~'~r th~, spFi~cation to t'.~ Chief of Police of thi,, Village.
S ?ct'ion 26~166 Adfltion~i%? '~--'~R-8q~'i~remen tsz_zChi,~f of Police and Villa.~e ........ ~neer
Theun~,~' ~ ' o.~' Police and the V~_].~c~.e ~gineer o~ thi~ Village shall examine such
~pplicatlon ~ud the facts relative thereto to d~termine the advisability of any
pr~,posed ucc of the V~llage streets from the Vie~oint of traffic and pubic
safety on %he days and bouts when the proposed mo~ng would ~ t~king place. They
may impale such co:~dit~ cna ~_th res~ct to the days and hours of mo~ng, or the
route to ~ followed ~ thin the Village or traffic or safety devices to ~ used
as thsy shall deter..in.~ to be necessa~ to ss~ure traffic and public safety.
Section 26.167 Bond Upon the approval of the application for such
before issuance t~of, the applicant shell post cash bond with the Vill~
the ~um of $250.00 to indemnify the Village for any damage to Village stre,
~used by such travel thereon. Such bond shall be refundable immediately
~mpletion of said move and inspection of the streets iuvolved by the Village
~perintendent of Streets ~th report of "No damage".
This orddonance shall be effective from and after its adoption and publica
~ording to law.
Roll Call Vote:
Pete rsen Aye
Orn Aye
Pfeifer Aye
Batdorf Aye
So carried snd resolved.
Orn moved and Petersen seconded a motion to adjourn until the meeting of March
14, 1961 at 8:00 P.M. at the Mound Fire Station. The vote was unanimously in
favor~ So carried and adjourned.
196
ON LAKE MINNETONKA
MOUND, MINNESOTA
March ~, 1961
Barbara Heyman~ Village Clerk
Village of Mound, Minnesota
I~ H. B. R. Larson, Mayor of the Village of Mound,
hereby call a special meeting of the Village Council to be
held at the Mound Village Office, March 7~ 1961 at 7:30 P~M.
Mayor H. g. ~. Larson
ON LAKE MINNETONKA
MOUND, MINNESOTA
March 6, 1961
You are hereby notified that pursuant to M.S.A.
Section 412.191, the Mayor has called a special meeting of the
Village Council to be held March 7, 1961 at 7:30 P.M. at the
Mound Village Office.
Ba~'bara He2-man~ V~