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1971-04-27MINUTES OF THE MEETING OF APRIL 27, 1971 at 8 P.M. at th~ Mound, Minnesota Present were: Mayor Orval Fenstad, who was late for caust Andreasen,; Councilmen Charles Peterson, Eldo Schmidt aM Manager Leonard Kopp and Attorney Curtis Pearson. (Acti~ presided.) Heron Lane Access Schmidt moved and Peterson seconded a motion BE IT MOVED, by the Village Council of the Village of Mo~ Heron Lane be tabled until the meeting of May ll, l! The vote was unanimously in favor, so carried. HENNEPIN COUNTY LIBRARY Seneca Seaman, Hennepin County Staff Architect appeared Roger Johnson Associates to display a model of the new lA the plans for its use. Also present were members of the Board, James Regan, William Pitts and Eve Gorgen. Peterson moved and Schmidt seconded a motion RESC'LUTION 71-t23 RESOLUTION ACCEPTING PLANS F( Roll Call Vote P~terson Aye Schmidt Aye Swenson Aye Andreasen Aye So resolved DANCE HALL ORDINANCE Peterson moved and Swenson seconded a motion to move the ORDINANOE NO. 280 AN ORDINANCE AMENDING ORDINANCE NO. 14 A~ SEOTIONS 58.16, 58.17, 58.18, 58.19, 58.21 58.25, 5824 and 58.25 OF THE MOUND.0ODE OF ORDINANOES THE VILLAGE COUNCIL OF THE VILLAGE OF MOUND DOES ORDAIN: SECTION 58.15 Dance Hall Defined A public Dance used in this act, shall be taken to mean any room, p to public patronage in which dancing, wherein the pu is carried on and to which admission may be had by t either directly or indirectly of an admission fee or SECTION 58.16 Policy It is the intent and purpose to establish regulatory procedures to prevent the us lice, device, subterfuge or evasion to circumvent th the State of Minnesota and this ordinance for the pr safety and repose of the public during the conduct o dancing. Shirley Hills Scho ; Acting mayor John Gordon Swenson; g Mayor Andreasen lnd that the problem ;71. ~th RoRer Johnson o .brary ~nd outlined Westonka Library IR WESTONKA LIBRARY following ordinance ~11 as the term is lace or space open blic may participat. ~e public by payme~ price for dancing. bf this ordinance of trickery, arti. declared policy servation of healtl public dances and of 62 SEOTION 58.17 Repeal Sections 38.16, 58-17, 58'18' ~8.19, 58.21, ~8.22 58.23, 5824 and 5825 of the Mound Code of Ordinances are hereby repealed. SECTION 38.18 State Law Adopted The regulatory provisions of M.S.A., Sections 624.~2 to 624.~4 are hereby adopted by reference and shall be as effective as if recited in full. The definition of terms in said act are hereby adopted except that the term "public dancing place" shall mean any place in which dancing may be or is carried on, other than a private resi- dence or a bona fide private club. The term "public dance" shall mean every dance held in a public dancing place wherein the public may partici- pate by payment of an admission fee or price, either directly or indirectly, for dancing. SECTION 58.19 Separabilitx Every secmi,~..n, oro~ ~.ion or part of this ordinance is d~eclared separable from every ot~er secmion provision or part; and if any section, provision or part shall be invalidated, .this shall not affect any other section, provision or part. SECTION ~8.20 Dance Permits Required No public dance shall be held or conducted without first having obtained a dance permit approved by the Village Council. SECTION 58.21 01ubs~ Lodges, Societies The Village Council of the Village of MouLd may in its discretion permit any lodge, society or club, not organized and maintained for profit, to conduct public dances without being licensed as herein provided, if said. dances are given only where the lodge members or members of the society or club, are the only patrons, 'or where such members may have personally invited guests to attend. SECTION 58.22 Pol :: )fficer in Attendance It is incumbent upon every licensee . rov~ ~..~ ~.' r the attendance of police-officers, duly approve~ by the 0hz~ ~f P .~ice, and in sufficient, numbers to maintain peace and order duri~g~ ~hi times in which a dance is being held. Payment of a fee consistent w~.~h ~he prevailing police salary shall accompany the a[~pli- cation and be made payable to the Village of Mound. SECTION 58.2~ Entrance Prohibitions NO Per~o~ to whom a permit has been issued shall permit to be or remain in any public dancing place any intoxicated person,'.any prostitute, any known purveyor or solicitor for the sale of illicit drugs or concoctions (or any person of known immorality as established by law or inconsistent with Contemporary society' s mores. ) SECTION 58.24 Obscenity and Profanity. Prohibited No person shall speak in an obscene, profane or indecent manner, nor ~hall any person or persons to whom a dance permit is issued allow or suffer any person or persons to act or speak in an obscene, profane, or indecent manner as established by law, or inconsistent with contemporary society's mores. SEOTION 58.25 Clamorous Noises Restricted No person shall conduct him- self blatantly by shouting, yelling, hooting, whistling or singing, nor shall any licensee allow the protracted playing of clamorous music, either unamplified or amplified, either live or by mechanical means, which will disturb the peace, comfort and repose of persons beyond the immediate e~- virOns of the place in which the dance is being conducted. Subsection 1. MUSIOAL NOISE shall be muffied or inhibited by proper accustical barriers or devices, or controlled so as not to become objectionable beyond the immediate environs of the area in which the dance is being conducted. SEOTION 58.26 Public Health and safet~ The building or place in which~ a public dance is to be held must conform to all State Statutes and Village Ordinances relating to public health, safety and zoning. S~TION 58.27 bighting Lighting of sufficient inte~ vided to permit unimpaired vision to and in all secti, or place in which public dancing is conducted. SEOTION 58.28 Off Street Parking Off street parkini in the ratio of one parking space for each three seat · licensed establishment. E~ch.parking space shall be x 20'0" (180 square feet). SEOTION 58.29 Musical Ooncerts Music played by ct2 or electronic means, commonly referred to as live mus and not accompanied by dancing is prohibited in any ~ the Village unless a permit shall have been obtained shall be the same as that set for public dancing. Th beyond the hours established for dancing is prohibit{ SECTION 58.29A Permits(a) Any person, firm or organizs or permit shal~l make application on a monthly basis ( vided by the Village Clerk and filed no later than f~ first scheduled 0ouncil Meeting of each month. ~ch dance or the playing of live music shall be accompan: per day. The Council may issue'an annual license; tl (b) Obligations Due the Village No license shall b or musical concert to-be conducted in any building w Which taxes, special assessments or other financial are delinquent and unpaid. (c) Penalties Any person violating the provision o upon conviction thereof, be subject to a fine of not imprisoned for a period of not to exceed 90 days, or (d) Effective Date This ordinance shall be in fUll and after its passage and publication in the officta Roll Call Vote Peterson Aye Sch~idt Aye Swenson Aye Andreasen Aye So carried and ordained PARKING ORDINANCE Schmidt moved and Peterson seconded the motion to move th 0RD~ANCE NO. 281 AN 0RDIN;~NCE AMENDING C~L~PTER 46 OF THE CODE LIMITING AI~ PROHIBITI~NG PARE THE VILLAGE COUNCIL OF Tk~ VILLAGE 0F MOUND DOES Section 46.27 of the Mound Code of Ordir~nces ' thereto a two-hour parking limitation between the h and 6 o'clock p.m. except Sundays and holidays in' tl ~eas ~ (a) The publicly leased area north of Shot west of Belmont Lane, south of the raj east of Commerce Boulevard. sity shall be pro- ,ns of the building shall be provided available in the minimum of 9'0" .r than mechanical ic, except piano ha: lace of business in therefor. The rate e playing of music d. .tion desiring a lic ,n official forms pr .ye days prior to th application for a f .ed with a fee of $~ xe fee will be $100. ~ granted for a dane .thin the Village f¢ :laims. of the Villa. this ordinance sh to exceed $500.00, ~both. 'orce and effect fr newspaper. following ordinan~ VILLAGE ~NG )AIN: amended by addin Ou~s of 6 o'clock a follo~ingparkin ~line Boulevard .road tracks and 63 ens e O- G ~blic 0.00 00. ~r 11, or ~m ;e 6h (b) The publicly leased parking lots west o£ Commerce Boulevard, south of the ~ailroad tracks and north of Lot 7, Auditor's Subdivision~167. Section 46.28 of the Mo'~ud Code of Ordinances be amended to read as follows: Section 46.28 Overtime Parking. No person shall park or leave standi~any vehicle, whether attended or unattended, upon any public street,'road, alley, .lane, public land o5 public parking lot o~ned or lemsed by the V%llage for a ?eriod of time longer than twenty-four consecutive hours. Roll Call Vote Peterson Aye Scbmidt Aye Swenson Aye Andreasen Aye So carried and ordained NORTHERN STATES PO~R COMPANY WATER PUMPING CONTRACT - discussed, no action. ONE DAY BEER PERMIT Peterson moved and Swenson seconded the motion RESOLUTION 71-124 Roll Call Vote Peterson Aye Scbmidt Aye Swenson Aye Andreasen Aye So resolved RESOLUTTON AUTHORIZING A ONE-DAY 3.2 BEER PERMIT FOR KNIGHTS OF COLUMBUS, and TO WAIVE LICENSE FEE (May 22, 1911) HIGHWAY 15 CONSTRUCTION Andreasen moved and $chmidt seconded the motion RESOLUTION 71-125 Roll Call Vote Schmidt Aye Peterson Aye Swenson Aye Andreasen Aye So resolved RmSOLUTION REQUmS_~IN HENNEPIN COUNTY HIGHWAY DEPARTMENT TO RECONSIDER CONSTRUCTION OF HIGHWAY 15 WHICH INCLUDES SIDEWALKS FROM BELMONT LANE TO SETON BRIDGE. SEWER CHARGES ON VACANT ~fELLINGS Peterson moved and Swenson seconded the motion RESOLUTION 71-126 RESO~TION ESTABLISHING MINIMUM SEWER CHARGE FOR VACANT DWELLINGS Roll Call Vote Peterson Aye Schmidt Aye Swenson Aye Andreasen Aye So resolved S~[ER RATES Schmidt moved and Swenson seconded, the motion RESOLUTION 71-127 RESOLT~TION AUTHORIZING ADJUS' #190050 and #140490 Roll Call Vote Schmidt Aye Peterson Aye Swenson Aye Andreasen Aye So resolved Noter Mayor Orval Fenstad arrived at 9 P.M. but did not the meeting. DOCK AT MOUND BAY PARK - discussed, use old one again th LI©~OR STORE PARKING LOT - discussed ACTING POLICE SERGEANT Fenstsd moved and Swenson seco~ded the motion RESOLUTION 71-128 RESOLUTION ESTABLISHING T~E SERGEANT Roll Call Vote Peterson Aye Fenstad Aye Schmidt Aye Swenson Aye And~easen Aye So resolved VARIANCE IN POLICE STANDARDS Andreasen moved and Sc_hmidt seconded the motion RESOLUTION 71-129 Roll Call Vote Schmidt Aye Fenstad Aye Peterson Aye Swenson Aye Andreasen Aye So resolved .dE,~OLU TI ON }~KING EXCEPTIONS "RESOLUTION ADOPTING ]iMPLOYME] (Police Department) and PRO~ OF HERMAN KRAFT, AS A POLICE SALARIES Peterson moved and Schmidt seconded the motion RESOLUTION 71-130 RESOLUTION ESTABLI~HING SALAH FOR ADMINISTRATIVE OFFICE E~ ROLL CALL VOTE Schmidt Aye Fenstad Aye Peterson Aye Swenson Aye Andreasen Aye So resolved MENT OF WATER ACCOU ,ake the chairmanshi' s season. POSITION OF ACTING O RESOLUTION NO. ~T SPECIFICATIONS" )ING FOR THE APPOIN% ~A TROLMAN ',ES AND WORKING CONDi DYEES FOR THE Y~R ~T of )LICE -!47 [TIONS 1971 Councilman Charles Peterson distributed copies of his resignation to the council andihe press, effective date May 31, 1971. The mayor reluctantly accept the resignation.. Bills The~llowing list of bills were presented for consideration. Peterson moved and Swenson seconded a motion to pay the bills where funds are available. The vote was unanimously in favor, so carried. ADMINISTRATION FUND League of Minn. Municipalities Harris Office Equipment Barbara Heyman 8.00 60.10 12.00 80.10 FIRE FUND Mound Fire Dept 600,00 600.00 POLICE FUND Herbs Typewriter Service Dave Willette Reo Raj Kennels Northern Automotive Babler Automotive 168.62 195.oo 167.5o 3.50 11~.7o 646.J2 STREET FUND Long Lake Ford Tractor Western Tree Service INSPECTOR FUND University of Minnesota 17.00 45.00 30.00 62.00 3O.00 PARK FUND Specialty Sales Service 97.51 BOND AND INTEREST - Central Business District Parking Illies& Sons 466.25 97.51 466.25 WATER FUND 234.46 Service Bureau 3.84 Barbara Heyman 238.30 SEWER FUND 37.50 Widmer Bros 234.46 Service Bureau 20.00 Barbara Heyman .96 Total to here 2,512..44 Mayor Fenstad reported on the recycling of tin cans and bottles, and the ban on on non-returnable bottles. MINUTES The minutes of the meeting of April 13, 1971 were read. Fenstsd moved and Swenson seconded a motion to accept the minutes of the April 13, 1971 meeting as read. The vote was unanimously in favor, so carried and accepted. Peterson moved and Swenson seconded a motion to adjourn May ll, 1971 at 8 P.M. at the Shirley Hills School. Thc in favor, so carrie~,~ ~rd ad~ourned.~ ntil the meetin~ of vote was unanimous Attest: john An~reasen, A~ting Mayor L~-6na~d Kopp, Village ~a~ager /