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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.