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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~