1972-01-25MINUTES OF THE MEETING OF JANUARY 25, 1972 at 8:00 P.M. st the SHIRLEY HILLS SCHOOL
at Mound, Minnesota
Present were:' Mayor John D. Kotula; Councilmen Eldo Schmidt, Donald Ulrick, Gordon
Swenson and John Andreasen; Attorney Dennis O'Brien and Village Manager Leonard Kopp.
Minutes of January 11, 1972 were discussed, no action.
BIDS ON ROAD SUPPLIES
Kotula moved and Schmidt seconded a motion
BE IT MOVED, by the Village Council of the Village of Mound that the bids for Road
Materials for 1972 be considered.
The vote was unanimously in favor, so carried.
Andreasen moved and Ulrick seconded a motion
RESO~TION 72-22 RESOLUTION RECEIVING AND ACCEPTING BIDS (Sand, Gravel~ Burma
Rock, Aoplied Oil, Hot Bituminous Mix and Binder Rock)
*Passed Unanimously after roll call vote.
DOCKS
James Regan spoke about the dock at A1 and Alma's. Mr Nolsn was present and agreed
to make an applicatiom for $ special use permit. No action is comtemplated until
special use permit is received.
EDGEWATER DRIVE CITIZENS PETITION
Ulrick moved and Andreasen seconded a motion
RESOLUTION 72-23 RESO~3TION REQUESTING THE STATE FOR RENJCED SPi.~D LIMIT ON
EDGE!,~TER DRIVE AND ON ISLAND VIE%g DRIVE.
* Passed unanimously after roll call vote.
The Manager is directed to send a letter to the orginstor of the petition stating
the action tsken and to be taken and ask that the information be passed on to the
signers of the petition.
TAXI CAB LICENSES
Schmidt moved and Swenson seconded a motion
BE IT MOVED, by the Village Councdl of the Village of Mound that the application
for a Taxi Cab License be considered.
The vote was unanimously in favor.
The attorney stated that the application showed that the termination clause of
30 day cancellation notice was violated because the policy was on a month to month
basis, and that the coverage was not sufficient under our ordinance. No action
was taken.
STREET LIGHT
Ulrick moved and Schmidt seconded a motion
RESO~;TION 72-24 RESO~ITION ORDERING INSTALLATION OF STREET LIGHT AT THE
NORTHERLY END OF SHERWOOD DRIVE.
* Passed unanimously after roll call vote.
HUMANE SOCIETY SOLICIATION OF FUNDS OCTOBER 1972
12
Schmidt moved and Ulrick seconded a motion
RESOLUTION 72-25 RESOLUTION GRANTING PERMISSION TO THE ANIMAL HUMANE SOCIETY
OF HENNEPIN COUNTY TO SOLICIT FUNDS ON THURSDAY AND PRIDAY,
OCTOBER 19th and 2Oth, 1972
The vote was unanimously in favor.
Lou Oberdeck, chairman of the Mound Planning Commission appeared before the council;
and requested funds te hire professional help to prepare a new zoning ordinance.
ORGANIZATIONAL PROCEDURE ORDINANCE
Kotula moved and Schmidt seconded a motion to move the ordinance
Ulrick moved and Andreasen seconded a motion to table.
BE IT MOVED, by the Village Council of the Village of Mound that the proposed
Organizational Procedure Ordinance be tabled.
A roll Call vote was requested:
Roll Call Vote
Schmidt Nay
Swenson Nay·
Andreasen Aye
Ulrick Aye
Kotula Nay
Motion failed
Roll Call Vote - on ordinance 291
Andreasen Nay
Swenson Aye
Ulrick Aye
Schmtdt Aye
Kotula Aye
So ordained
Note: Rough copy will be replaced whem council reviews and copy is retyped.
ORDINANCE NO. 291
AN ORDINANCE ESTABLISHING RULES FOR THE
ORGA/{IZATION AND PROCEDURE OF THE VILLAGE
COUNCIL OF ~'{OUJD, ~'~IN~ESOTA, Ai~D ADDING
SECTIONS 5A.05 THRU 5A.12 TO THE VILLAGE CODE
The Village Council of ?~ound ordains:
Section 5A.~5. Meetings. Subdivision 1. Regular meetings
of the village council-shall be held on the 2nd and 4th Tuesday
of each calendar month at ~:00 p.m. Any regular meeting falling
upon a holiday shall be held on the next following business day at
the same time and place. Regula~-~- ~ _ ' _.,_~ , , ,_~,~.
'~[ ~_! .... '_ /Special and adjourned ~in~ ~ay be held at suc~
places as designated by the council.
Subd. 2. Special meetings of the council may be called by the
mayor or by any two members of the council by writing filed with the
clerk. At least one day befo=e the meeting the clerk shall notify
each member of the time, place, and purpose of the meeting by causing
written notice thereof to be delivered to him personally if he can
be found, or, if he cannot be found, by leaving a copy at the home
of the member with some person of suitable age and discretion.
Special meetings may be held without prior written notice when all
council members are present at the meeting or consent thereto in
writing. Such consent shall be filed with the clerk prior to the
beginning of the meeting. Any soecial meeting attended by all the
council members shall be a valid meeting for the transaction of any
business that may become before the meeting.
Subd. 3. On the first business day that falls on Tuesday in
January of each year the council shall (1) Designate the
depositories of village funds~ (2) Designate the official newspaper;
(3) Choose an'acting mayor from the councilmen, who shall perform
the duties of the mayor during the disability or absence of the mayor
from the village or, in case of a vacancy in the office of mayor,
until a successor has been appointed and qualifies; (4) Appoint such
officers and employees and such members of boards, commissions, and
committees as may be necessary.
Subd. 4. Ail council meetings, including special and ad-
journed meetings, shall be open to the public.
Section 5A.06. Presiding Officer. Subdivision 1. The
mayor shall preside at all meetings of the council. In the absence
of the mayor, the acting mayor shall preside. In the absence of
both, the clerk shall call the meeting to order and shall preside
until the council members present at the meeting choose one of their
number to act temporarily as presiding officer..
Subd. 2. The presiding officer shall preserve order, enforce
the rules of procedure herein prescribed, and determine without
debate, subject to the final decision of the council on appeal, all
questions of procedure and order. Except as otherwise provided by
13
statute or by these rules, the proceedings of the council shall be
conducted in accordance with "Robert's Rules of Order Revised.:~
Subd. 3. Any member may appeal to the council from a ruling
of the presiding officer. If the appeal is seconded, the member may
speak once solely on the question involved and the presiding of-
ricer may explain his ruling, but no other council member shall
participate in the discussion. The appeal shall be sustained if it
is approved by a majority of the members present exclusive of the
presiding officer.
Subd. 4. The mayor or such other member of the council as may
be presiding may move, second, .and debate from the chair. The
presiding officer shall not be deprived of any of the privileges of
a council member by reason of his acting as the presiding officer.
Section 5A.07. Minutes. Subdivision 1. Minutes of each
council meeting shall be kept by the clerk, or, in his absence, by
the deputy clerk. In the absence of both, the presiding officer
shall appoint a secretary pro ten. Ordinances, resolutions, and
claims need not be recorded in full in the minutes if they appear in
other permanent records of the clerk and can be accurately identified
from the description given in the minutes°
Subd. 2. The minutes of each meeting shall be reduced to type-
written form, shall be signed by the clerk, and copies thereof
shall be delivered to each council member as soon as practicable
after the meeting. At the next regular council meeting following
such delivery, approval of the minutes shall be considered by the
council. Unless the reading of the minutes is requested by a member
of the council, they may be approved without a reading if the clerk
has previously furnished each member a copy thereof. If there is no
objection to a proposed addition or correction, it may be made
%~itnout a vote of the'council. If there i~ an objection, the
council shall vote upon the addition or correction. If there are no
additions or corrections, the minutes shall stand approved°
Section 5Ao08. Order of Business° Subdivision 1. Each
meeting of the council shall convene at the time and place ap-
pointed therefor. Council business shall be conducted in the
following order:
(1) Call to order (7)
(2) Roll call
(3) Approval of minutes ($)
(4) Public hearings (9)
(5) Petitions, requests, (10)
and communications
(6) Ordinances and (11)
resolutions (12)
Reports of officers, boards,
and committees
Unfinished business
New business
Comments and suggestions from
citizens present
Miscellaneous
Adjournment · .~'
Subd. 2. 'The order of business may be varied by the presiding
officer; but all public hearings shall be held at the time
specified in the notice of hearing.
ih
Subd. 3. An agenda of business for each regular council
meeting shall be prepared and filed in the office of the clerk not
later_than 5:00 p.m. on the Thursday next preceding the meeting.
No item shall be added to the agenda after the close of business
on the Thursday preceding the meeting except by approval of a
majority of the council. The agenda shall be prepared in accordance
with the order of business and copies thereof shall be delivered to
each council member as far in advance of the meeting as time for
preparation will permit. No item of business shall be considered
unless it appears on the agenda for the meeting; but the council
may, in its discretion, consider matters not appearing on the agenda.
Section 5A.09o Quorum and Votina. Subdivision 1. At all
council meetings a majority of all theN'council members elected shall
constitute a quorum for the transaction of business, but a smaller
number may adjourn from time to time.
Subd. 2. The votes of the members on any question pending
before the council may be by voice vote, standing vote, or in any
other manner of voting which signifies the intention of the members;
but if the vote is not unanimous there shall be a roll call and the
names of those voting for and against the question shall be re-
corded in the minutes. Any member may call for a roll call vote
on any question. If any member, being present, does not vote, the
minutes, as to his name, shall be marked ':Present - Not Voting.~
Subd. 3. A majority vote of all members of the council shall
be necessary for approval of any ordinance unless a larger number
is required by statute. Except as otherwise provided by statute,
a majority vote of a quorum shall prevail in all other cases.
Section 5Ao10o Ordinances, Resolutions, Motions, Petitions_,..
and Cqmmunication~,. Subdivision 1. Every ordinance and resolution
Sh~ll be presented in writing and shall be read in full before a
vote is taken thereon; but reading in full may be dispensed with by
unanimous consent. All motions shall be recorded in the minutes
and stated in full before they are submitted to a vote by the pre-
siding officer. Ail petitions and other communications addressed
to the council shall be in writing .... ~ ...... ~" ~ '- --~L~
presentation ~ to the council. They s~a~ft~e~-~ re-
corded in the minutes by title and filed with the minutes in the
office of the clerk. / / ~ ~
Subd. 2. Every ordinance ~nd resolutio~ passed by the council
shall be signed by the mayor, attested by theZclerk, and filed by
him in the ordinance or resolution book. Proof of publication of
every ordinance shall be attached to and filed with the ordinance.
Subd. 3. Every ordinance or resolution repealing a previous
ordinance or resolution or a section or subdivision thereof shall
give the number, if any, and the title of the ordinance or resolu-
tion to be repealed in wl~ole or in part. No ordinance or resolution
or section or subdivision thereof shall be amended by reference to
the title alone, but such an amending ordinance or resolution shall
set forth in full each section or subdivision to be amended.
Section 5A.11. Committees. The council may create such
committees, standing or special, as it deems necessary. Such
committees shall consist of as many members, and perform such
duties, as the council may require.
Section 5A.12. SuSRension or Amendment of the Rules. These
rules, or any of them, may be te~m~or'arily suspended by a majority
vote of all the council members, and shall not be repealed or
amended except by a majority vote of the whole council after notice
has been given at some preceding council meeting.
Effective Date. This ordinance becomes effective from and
after its passage and publication.
Attest:
Mayor
Village Clerk
PLANNING COMMISSION REQUEST
Schmidt moved and Swenson seconded the motion
RESOLUTION 72-26
Roll Call Vote Requested
Andreasen Aye
Ulrick Aye
Swens on Aye
Schmidt Aye
Kotula Aye
So resolved
RESOLUTION DIRECTING MAYOR AND MANAGER TO ENTER INTO
AGREEMENT TO REVISE THE PRESENT ZONING ORDINANCE
(Nason, Wehrman Chapman Associates, Inc. - cost not
to exceed ~1,900o000)
AN
15
Hilding Silfverston spoke about the Minnetonka Historical Museum
The Board of Review was set for 7:30 P.M. at the Shirley Hills Little Theatre,
May 17th, 1972. (Time was announced as 8:00 P.M. in the minutes of Jan. 4, 1972,
Page 4. )
LAKE MINNETONKA AREA TRANSPORTATION STUDY
Andreasen moved and Schmidt seconded the motion
RESOLUTION 72-27 RESOLUTION CONCURRING IN THE NEED FOR AN AREA-WIDE
TRANSPORTATION STUDY FOR LAKE MINNETONKA AREA
Passed by unanimous vote
FIRE TRUCK SPECIFICATIONS
Ulrick moved and Schmidt seconded the motion
RESOLUTION 72-28
RESOLUTION ACCEPTING SPECIFICATIONS AND DIRECTING
ADVERTISEMENT FOR BIDS FOR A 1,250 G.P.M. FIRE TRUCK
A roll Call Vote was requested
Andreasen Aye
Swenson Aye
'Schmidt Aye
Ulrick Aye
Kotula Aye
So resolved
SELLING VILLAGE PROPERTY - 1963 Dump Truck
Andreasen moved and Scbmidt seconded a motion
RESOLUTION 72-29 RESOLUTION AUTHORIZING SALE OF 1963 CHEVROLET DUMP
TRUCK FOR $700.00)
The vote was unanimously in favor, so carried.
OFF SALB. NUMBER TWO LIQUOR DISPENSARY
Andreasen moved and Kotula seconded the motion
RESOLUTION 72-30
RESOLUTION TO PREPARE AND SUBMIT A RESOLUTION TO THE
MARCH COUNCIL MEETING CALLING FOR CLOSING OF THE ISLAND
PARK OFF SALE ON APRIL l, 1972 IF REPORTS SHOW A
CONTINUING LOSS.
A roll Call Vote was requested
Schmidt Sye
Swenson A~e
Ulrick Aye
Andreasen Aye
Kotula Aye
So resolved
16
IMPROVING COUNTY ROAD #110
Schmidt moved and Swenson seconded a motion
RESOLUTION 72-31
Passed by unanimous vote
RESOLUTION REQUESTING THE COUNTY TO PROCEED WITH THE
RITE-OF-WAY DESCRIPTIONS FOR IMPROVING COUNTY ROAD #110
AT ITS INTERSECTION WITH HIGHLAND BOULEVARD.
CHANGE FEBRUARY MEETING DATE
Andreasen moved and Swenson seconded the motion
BE IT MOVED, by the Village Council of the Village of Mound that the regularly
scheduled meeting on the fourth Tuesday be changed in February from the
22nd to the 29th of February; due to the annual caucus meetings of both
the Democratic and Republican parties.
The vote was unanimously in favor, so carried.
BILLS
The following bill was presented for consideration. Schmidt moved and Swenson
seconded a motion to pay this bill where funds are available. The vote was
Unanimously in favor, so carried.
IMPROVEMENT AND EQUIPMENT OUTIAYFUND
St. Boni Auto
2,464.23
ADD TO AGENDA
Kotula moved and Swenson seconded a motion
BE IT MOVED, by the Village Council of the Village of Mound that the matter of a
Special 3.2 Beer License for Our Lady of the Lake Church be olaced on the agenda.
The vote was unanimously in favor so carried.
3.2 SPECIAL BEER LICENSE
Kotula moved and Ulrick seconded a motion
BE IT MOVED, by the Village Council of the Village of Mound that Tom Rasmussen be
granted a Special 3.2 Beer License for February 5, 1972 at Our Lady of the
Lake and that the fee be waived.
The vote was unanimously in favor, so carried.
Swenson moved and Schmidt seconded a motion to adjourn until the meeting of February
8, 1972 at 8:00 P.M. at the Shirley Hills School. The vote was unanimously in favor,
so carried and adjourned.