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1969-12-09MINUTES OF REGULAR MEETING OF DECEMBER 9, 1969 at 7:30 P.M. at ~the Village Hall in Island Park Present: Mayor Fenstad, Councilmen Andreasen, Schmidt, Peterson and Swenson, Village Manager Kopp, Attorney Pearson and Engineer Mills. GRADER BIDS Schmidt moved, Swenson seconded a motion. RESOLUTION NO. 69-243 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION RECEIVING BIDS FOR GRADER AND ACCEPTING BID TIPI-WAKAN STORM SEWER - Project 69-27 The Attorney presented a signed petition as the sole owner of the property to be served by the proposed storm sewer and the sole person to be assessed therefor, and waiving public hearing. Mr. and Mrs. Robert Walker were present and were assured it did not concern their property. Peterson moved and Andreasen seconded a motion. RESOLUTIONNO. 69-244 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenon Aye ~enstad Aye So resolved. RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS PLANNING COMMISSION RECOMMENDATIONS 1. Wm. N. Johnson, 2250 Commerce Boulevard Lots 17 & 18 and Part of Lots 16 & 12, Block 15, Shadywood Point Metes and Bounds Combination and Division Andreasen moved and Peterson seconded a motion RESOLUTION NO. 69-245 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION SETTING HEARING FOR APPLICATION FOR METES AND BOUNDS COMBINATION AND DIVISION (Lots 17 & 18, prt 16 & 12, Block 13, Shadywood Point) - January 6, 1969 2. Wm. N. Johnson, 2250 Commerce Boulevard Part Lot 12, Block 13, Shadywood Point Move House to Lot Andreasen moved and Peterson seconded a motion RESOLUTION NO. 69-246 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye RESOLUTION SETTING HEARING ON APPLICATION TO RELOCATE AND CONVERT A BUILDING TO A HOUSE - January 6, 1970 Fenstad Aye So resolved. Vacation of Longford Lane Mrs. Robins, Mr. Kutzner and Mr. and Mrs. Carl Dornsbach appeared. Andreasen moved and Swenson seconded a motion RESOLUTION NO. 69-247 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION SETTING HEARING ON PROPOSED VACATION (Longford Lane) - Feb. 10, 1970 4. Z.A.E. Anderson Grandview Terrace (Grandview & Commerce) Variance for Floor Joists Peterson moved and Swenson seconded a motion RESOLUTION NO. 69-252 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION PERMITTING USE OF "TRUS JOIST" 24" ON CENTER IN THE TWO APART- MENT BUILDINGS LOCATED AT 5600 and 5610 GRANDVIEW BOULEVARD 5. School District ~277 Warming House on Grandview Boulevard Setback Variance Upon the recommendation of the Planning Commission and Building Inspector, Andreasen moved and Peterson seconded a motion. RESOLUTION NO. 69-248 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION GRANTING VARIANCE (Scheol Warming House on Grandview Boulevard) 6. M. W. Skoglund, 5823 Bartlett Boulevard Lots 84, 64 & 65, Aud. Sub. No. 168 Rezone from A-1 to Multiple Dwelling Andreasen moved and Peterson seconded a motion. RESOLUTION NO. 69-249 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION SETTING HEARING ON PROPOSED AMENDMENT OF CHAPTER 23, MOUND CODE OF ORDINANCES, ENTITLED, "ZONING" (Lots 64, 65 and 84, Aud. Sub. No. 168) - January 13, 1970. 7. Bob Bilger, 5500 Three Points Boulevard Special Use Permit No one present; no action. 8. Robert L. Wilson, 61 Seventh Avenue South, Hopkins Lots 14 & 15, Block 8, The Highlands Metes and Bounds Division and Combination Andreasen moved and Peterson seconded a motion. RESOLUTION NO. 69-250 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Fenstad Aye Swenson Aye So resolved. RESOLUTION SETTING HEARING FOR APPLICA- TION FOR METES AND BOUNDS COMBINATION AND DIVISION (Lots 14 & 15, Block 8, The Highlands) - January 13, 1970 9. Duard G. Hicks, 2601 Commerce Boulevard Part of Lot 45, Aud. Sub. #167 Fence Variance Needs no action as it is in Commercial. ALLAN PETERSON - Side Yard Variance Lots 9 & 10, Mack's Addition Swenson moved and Peterson seconded a motion. RESOLUTION NO. 69-251 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION GRANTING 6-FOOR VARIANCE FOR SIDE-YARD SETBACK REQUIREMENT (Nly 72½ Feet of Lot 10, Mack's Additdon) MINUTES Peterson moved, Schmidt seconded, and it was unanimously carried to accept the minutes of September 10, 1969. Peterson moved, Andreasen seconded, and it was unanimously carried to accept the minutes of September 23, 1969. Schmidt moved, Peterson seconded, and it was unanimously carried to accept the minutes of October 14, 1969. Andreason moved, Peterson seconded, and it was unanimously carried to accept the minutes of the Canvassing Board and regular meeting of November 5, 1969. Swenson moved, Schmidt seconded, and it was unanimously carried to accept the minutes of November 18, 1969. Mr. Kopp left at 9:30. COUNTY BIDS FOR SALT, DIESEL FUEL, HEATING 0IL AND GASOLINE Schmidt moved and Swenson seconded a motion. RESOLUTION NO. 69-253 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION DIRECTING PURCHASING SEASON'S SUPPLY (Salt, Diesel Fuel, Heating Oil, Gasoline) NO PARKING ON TUXEDO BOULEVARD Swenson moved and Schmidt seconded a motion. RESOLUTION NO. 69-254 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION ESTABLISHING "NO PARKING" ON CERTAIN STREETS (Tuxedo, Piper, Charles, Warner. Also Lot 24 Whipple Shores and Fire Lane) SNOWMOBILE ORDINANCE Fenstad moved the adoption of the ordinance with the addition under Section 2 of Paragraph 48.03. Operation on Village Streets, Highways, Public Lands, or Ice Covered Public Waters of "No person under the age of 14 shall operate a snowmobile on village streets, highways, public lands, or ice covered public waters." Peterso~ seconded with amendment incorporated. Roll Call Vote Swenson Nay Schmidt Nay Andreasen Nay Peterson Aye Fenstad Aye The motion did not pass. Andreasen moved the adoption of the ordinance with the addition under Section 2 of Paragraph 48.03 of "No person under the age of 14 shall operate a snowmobile on village streets, highways, public lands, or ice covered public waters," and deleting (c) of Section i under 48.05, Unlawful Acts. Swenson seconded. Peterson moved to amend (c) of Section i under 48.05 Unlawful Acts to read: "Between the hours of 1:30 a.m. and 7:00 a.m. of each day on village streets, highways, roadways and public lands which do not abut public waters." The vote on the amendment was: Schmidt Aye Swenson Nay Andreasen Aye Peterson Aye Fenstad Aye Amendment carried. Roll call vote on above motion including the amendment Schmidt Aye Swenson Nay Andreasen Aye Peterson Aye Fenstad Aye So ordained. ORDINANCE NO. 261 AN ORDINANCE ADDING CHAPTER 48 TO THE VILLAGE CODE RELATING TO THE REGULATION OF SNOWMOBILES The Vi]lage Council of the V.i. llage of Mound The Village Code is hereby amended by adding th~'reto Chapter 48 to read as follows: 48.01. Intent. It is the intent of this ordinance to supplement the Laws of the State of Minnesota, Chapters 84.81 through 84.88, and Chapters 168 through 171, Minnesota Statutes, with respect to the operation of snowmobiles. This ordinance is not intended to allow what the state statutes prohibit nor to prohibit what the state statutes expressly allow. 48.02 Definitions. The following words and phrases when used in Chapter 48 have the meanings as set out herein: (1) "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persona, whether incorporated or not. (2) "Operate" means to ride in or on and control the operation of a snowmobile. (5) "Operator" means every person who operates or is in actual physical control of a snowmobile° (4) "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular traffic. (5) "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners. 48.05 Operation on Villase Streets~ Hishways, Public Lands~ or Ice ~ Covered Public Waters. (1) On Roadway. No person shall operate a snowmobile upon the roadway, boulevard, or inside bank or slope of any village street or highway or on any public lands or ice covered public waters unless the snowmobile is equipped as required by Section 48.05, Subsection 5. (2) Drivers Certificate. No person between the a~es of 14 and 18 shall operate a snowmobile on a public street or highway ur on any public land or ice covered public waters unless the operator shall have a valid snowmobile safety certificate issued by the State of Minnesota under Chapter 695, Minnesota Statutes. No person under the age of 14 shall operate a snowmobile on village streets, highways, public lands, or ice-covered public waters. (5) Lamps~ Brakes~ Mufflers and Safety Throttle. No snowmobile shall be operated on a public street or highway or on any public lands or ice covered public water unless it is equipped with the following: (a) At least one headlamp and one tail lamp. (b) Brakes which conform to standards prescribed by Rules of the Commissioner of Highways pursuant to the authority vested in him by Section 84.86 of the Minnesota Statutes. (c) Standard mufflers which are properly attached and which reduce the noise of ~peration of the vehicle to a noise level which shall not be a disturbance to residences of the area of operation and no person shall use a muffler cut-out, by- pass, or similar device on said vehicles. (d) A safety or so-called "deadman" throttle in operating condition; a safety or "deadman" throttle is defined as a device which, when pressure is removed from the accelerator or throttle, causes the motor to be disengaged from the driv- ing track. (4) Highway Traffic Act. All provisions of the Highway Traffic Regulation Act, Chapter 169 of Minnesota Statutes, shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. 48.04. Operations Generally. It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways: (1) No snowmobile shall be driven within 100 feet of any fisher- man, pedestrian, skating rink or sliding area or in any other area ~where the operation would conflict with or endanger other persons or property. (2) At a rate of speed greater than reasonable or proper under all the surrounding circumstances. (3) In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. (4) While under the influence of intoxicating liquor or narcotics or habit-forming drugs. (5) Without a lighted head and tail light when required for safety. (6) In any planting or tree nursery in a manner which damages or or destroys growing stock. (7) No snowmobile shall be operated in any cemetery. 48.05. Unlawful Acts. (1) Operation. It shall be unlawful for any person to operate a snowmobile: (a) On private property of another without permission of the owner of said property. (b) In a manner so as to create a loud, unnecessary or un- usual noise which disturbs, annoys or interferes with the peace and quiet of other persons. (c) Between the hours of 1:30 a.m. and 7:00 a.m. of each day on village streets, highways, roadways and public lands which do not abut public waters. (2) Unattended Snowmobiles. It is unlawful for the owner or operator of any snowmobile to leave or allow a snowmobile to be or remain unattended on public property while the motor is run- ning or with the key to start said snowmobile in the ignition switch or if said snowmobile does not have an ignition switch which can be locked. 48.06. Defense. It shall be a sufficient defense to the prosecution for violation of Section 4S.05, Subdivision (1) (a) that the defendant has permission in writing from the owner or lawful occupant of the land. Any person violating the terms of this ordinance shall, upon conviction thereof, be fined a sum not to exceed $100 or shall be imprisoned for a period not to exceed 90 days. This ordinance shall be in full force and effect from and after its passage and publication. (The roll call on Ordinance No. 261 is on page 166 just before the ordinance) NSF CHECKS Swenson moved, Schmidt seconded the motion. RESOLUTION NO. 69-255 Roll Call Vote Andrea sen Schmidt Peterson Swenson Fenstad So resolved. Aye Aye Aye Aye Aye RESOLUTION AUTHORIZING AND DIRECTING WRITE-OFF OF WORTHLESS CHECKS (Munici- pal Liquor Dispensary) POLICE CAR BIDS Swenson moved, Fenstad seconded to buy four police cars all with painted white doors. After discussion, Fenstad withdrew his second. Peterson seconded. The roll call vote was: Nay: Andreasen, Schmidt, and Fenstad. Yea: Peterson and Swenson. Motion failed. Andreasen moved to buy three marked and one unmarked car. Schmidt seconded. RESOLUTION NO. 69-256 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Nay Swenson Nay Fenstad Aye So resolved. RESOLUTION DIRECTING PURCHASE OF OUR POLICE CARS (Three with white front doors and white roof, One standard) SEPTIC TANK DUMPING Schmidt moved and Andreasen seconded a motion. RESOLUTION NO. 69-257 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION PROHIBITING ALL SEPTIC TANK DUMPING AT MOUNDMUNICIPAL SEWER PLANT UPGRADING COUNTY ROADS #15, #44 and #110 Peterson moved and Andreasen seconded a motion. RESOLUTION NO. 69-258 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION REQUESTING COUNTY TO UPGRADE COUNTY ROADS #15, #44 and #llO TRANSFER OF FUNDS Andreasen moved and Schmidt seconded the motion RESOLUTION NO. 69-259 RESOLUTION AUTHORIZING TRANSFER OF FUNDS Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. INVESTMENT OF FUNDS Swenson moved and Peterson seconded the motion. RESOLUTION NO. 69-260 RESOLUTION DIRECTING INVESTMENT OF FUNDS Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. MUNICIPAL STATE AID STREETS Continued 1969 BUDGET Continued GLEN ELYN - Project 68-21 Schmidt moved and Andreasen seconded a motion RESOLUTION NO. 69-261 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION AUTHORIZING EXTENSION OF COMPLETION DATE OF PROJECT 68-21 GLEN ELYN ROAD PAYMENT OF BILLS Swenson moved, Andreasen seconded, and it was unanimously carried to pay the following bills with the exception of $785 of the Waconia Sheet Metal bill until it is 0K'ed by the Fire Chief. ADMINISTRATION FUND American Linen Supply 6.00 Acro Adroit 60.13 Arnell Business Forms Inc 52.20 Frank Blackowiak 19.00 Hennepin County Treasurer 137.81 Drews Electric 2.10 International City Mgrs Assn 60.00 Metropolitan Area Mangement Assn 5.00 Mound Hardware 7.71 Miller Davis 1.25 Reed Agency Inc 10.00 Shepherds Laundry 6.60 Standard Oil 29.96 T. N. Breen 25.00 Northern St~es Power 72.07 Westonka Plb~ 14.75 Xerox Corp 232.26 741 ASSESSOR FUND Reed Agency Inc MtnnAssessor's Assn Miller Davis Harris Office Equip 10.00 10.00 9.00 42.74 71.74 FIRE MJND * Mound Fire Dept Duanes 66 Fire Safety Corp Gen'l Communications Mound Hdwe Reynolds Welding Northern States Power Twin City Oxygen WsconiaSheet Metal 1,1~0.00 21.60 99.00 48,00 5.00 1.56 66.18 32.35 2,785.00 4,218.69 PLANNING COMMISSION FUND Wm T. Mills 4.75 4.75 ELECTION FUND Miller Davis 2.50 2.50 POLICE FUND Factory Sales Brookdale Chrysler-Plmouth Drews Electric Milton Hentges Imp & Equip Outlay Fund J N Johnson Co Inc Mpls Oxygen Co Mound Hdwe Marina Auto Supply Montgomery Wards Shepherds Laundry Standard Oil Ko~hnen's Standard Service Uniforms Unlimited Village Gun Shop STREET FUND Constrmc tion Bulletin Hayden Murphy Equip Imp Equip Outlay Fund Marin~ Auto Supply Mpls Gas Co Reynolds Welding Standard Oil Sun Newspapers Northern S~at~s Power Fred A. Thomas Inc Thurk Bros Chev Thurk Bros Body & Impl CEMETERY FUND Wm T. Mills Western Concrete INSPECTOR FUND Donald Furry Lake Region Equip Mound Hdwe Imp & Equip Outlay Wm T. Mills Northern States Power POOR FD-ND Suburban Hennepin County Relief Board TIPE WAKAN PROJF£T Wm T. Mills SHORELINE PROJECT Wm T. Mills H~LSTEAD-BAYRIDGE PROJECT WmT. Mills Curtis Pearson Western Concrete HALSTEAD HEIGHTS WAT?R PROJECT Curtis Pearson 58.15 28.74 13.00 5.78 270.00 9.25 9.75 1.22 27.08 179.J6 3.00 184.56 1.00 11o.15 56.25 5.5o 572.00 2oo. oo 47.61 7O.O9 18.69 118.66 3.60 1,203.82 314.48 144.35 85.00 68.88 951.~78 22.38 129.95 .90 30.00 23.62 2.06 5o4.77 42.75 52.25 2o5.42 5o.o0 7,000.00 100.00 957.29 2,783.80 1,020.66 153.23 55.~8 504.77 42.75 52.25 7,9 1OO. ASPEN LANE PROJP~T Wm T. Mills Curtis Pearson Western Concrete D-SMABER PROJECT wm T. Mills Curtis Pearson Western Concrete 205.42 50.00 7,000.00 205.41 50.00 7,000.00 7,255.42 7,255.41 BORED AND INTEREST FUND Northwestern National Bank Brookton Park Dickens Lane Ridgewood Road Eden Road WATER FUND Badger Meter General Communication Imp & Equip Outlay Mound Hardware Wm T. Mills Mpls Gas Co Miller Davis ' Hardware Hank Northern 8tates Power Widmer Bros SEWER OPERATING FUND * Factory Sales Curtin Scientific Fadden Pump John Henry Foster Co Mound Hdwe Hardware Hank Northland Electric Reynolds Welding Standard Oil Northern States Power Turnquist Paper TRUST AND AGENCY NO ONE N. W. National Ban~ TRUST AND AGENCY NO TWO N. ~. National Bank LIQUO~ FUND OPERATING Northe~u~ States Power Miller Davis Philbrook Ins Shepherds Laundry Standard Oil Westonka Plbg T. N. Breen Community Busines~ Culligan Mr. Hospitality Frank Blackowiak Bob Kolar The Markson Co. Jennie McEvoy 808.81 562.80 808.81 713.O8 240.00 48.00 100.OO .47 9.50 57.33 2.50 16.22 6oI~96 320.00 15. 41. 555. 62.46 1.74 43.50 2.34 28.57 1,045.75 30.26 2,165.50 103.00 273.!~9 4.5~ 4,O29.O0 9.90 38.65 20.75 315.00 175.oo 6.10 40.65 30.00 116.00 62.79 Ho.oo 1,467.34 1,395.98 1,834.65 z,165.5o 103.O0 Minnegasc o Mound Shopping Center N. W. Exterminating Co. N. W. Linen Nelson Schernau Security Alarms State of Minnesota Fred Thomas ~Yesto~ka Telephone LIQUOR FUND PURCHASES Coca-Cola Day Distributing Distillers Distributing O. M. Droney Beverage Co. M. G. Engler Gold Medal Beverage Co. Hamm's Minneapolis Co. Home Juice Co. Lake Region Beverage Co. Leding Distributing Co. McKesson Liquor Co. Mid-West Wine Co. Minneapolis Bottling Co. Notermann & Weber Old Dutch Foods Inc. Pac Inc. Pepsi-Cola Bottling St. Boni Beverage Co. 7-Up Bottling Co. Schlitz Brewing Co. Stewart Sandwiches Thorpe Distributing Co. ADMI~ISTRA TION FUND Standard Oil Reynolds & Reynolds Faye Whalen Amy Anderson Barbara Heyman Walter Hendricks STREET FUND Standard Oil Thurk Bros Chev POLICE FUND Standard Oil Sears H & H Car Wash MacAndrews Montgomery Ward Zebs Standard Service LIQUOR FUND Standard Oil Natl Cash Register ~ATER FUND National Cash Register Widmer Bros Bernard Winkel Goodin Co Jones Chemical 28.80 ............... 467.92 5.00 78.76 15.92 24.oo 5.00 94.15 27.35 5,908.77 229.70 447.60 1,482.06 169.71 62.68 40.80 679.25 83.95 2,165.~ 906.45 4,353.72 284.62 11.00 534.25 33.55 14.40 21.11 23.33 450.30 lO9.80 478.44 1,842.50 14,538.15 20.24 45.O1 3.17 30.50 81.O0 60.00 239.92 54.07 75.95 130.02 95.62? 298.40 31.20 22.50 6.16 44.20 498.08 51.78 88.00 139.78 88.00 255.oo 21.23 78.66 149.16 592.05 NatioDal Cash Register Mpls Gas Co Jones Chemical I. P. WELL PROJECT Clark Engineering GLEN ELYN PROJECT Northern Contracting Total to here 88.00 10.12 96.40 1,821 .O0 5,225o91 194.52 1,821.00 5,225.91 68,~730o87 ADMINISTRATION FUND Lee Eriksen 24.75 24.75 Total to here 68,755.62 SPLIT LIQUOR Continued to January 6, 1970. PATRICK J. BREEN Andreasen moved and Schmidt seconded to pay Patrick J. Breen $166.09 plus 6% from date of dismissal. Swenson moved to amend the motion to pay $541.93. Peterson seconded. Roll Call on Amendment: RESOLUTION NO. 69-262 Roll Call Vote Andrea sen Nay Sc hmi dt Nay Pet e rs on Aye Swenson Aye Fenstad Aye So resolved. Andreasen Nay Schmidt Nay Peterson Aye Swenson Aye Fenstad Aye Amendment passed. RESOLUTION TO PAY PATRICK J. BREEN $541.93 NEXT MEETING Swenson moved and Andreasen seconded to have a meeting on December 30, 1969. The vo~® was as follows: Yea: Andreasen, Schmidt, Swenson and Fenstad. Nay: Peterson. Motion carried. PARKING ON COMMERCE BOULEVARD Andreasen moved and Peterson seconded a motion. RESOLUTION NO. 69-263 Roll Call Vote Andreasen Aye Schmidt Aye Peterson Aye Swenson Aye Fenstad Aye So resolved. RESOLUTION PROHIBITING PARKING ON BOTH SIDES OF COMMERCE BOULEVARD FROM OUR LADY OF THE LAKE CHURCH TO THE METHODIST CHURCH AND REQUIRING AN ENTRANCE~AND EXIT TO THE ~ANK LOT Peterson moved, Andreasen seconded, and it was unanimously carried to ask the Attorney to report what is necessary to do to get parking for the business area. Andreasen moved, S~enson seconded, and it was unanimously carried to adjourn to December 30, 1969.