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1972-02-08MINUTES OF THE MEETING OF FEBRUARY 8~ 1972 st 8:00 P.M. at the SHIRLEY HILLS SCHOOL, MOUND, MInnESOTA Meeting was called to order by the mayor. Roll Call was taken by the clerk: present were - Mayor John D. Kotula, Councilmen Eldo Schmidt~ Donald Ulrick, Gordon Swenson and John Andreasen; Attorney Curtis Pearson~Village Manager Leonard Kopp~ The minutes of the January ll, 1972 meeting were reviewed. Andreasen moved and Schmidt seconded a motion to accept the minutes of the January ll, 1972 meeting as corrected. The vote was unanimously in favor so carried and accepted. The minutes of the January 25, 1972 meeting were reviewed. Councilman Andreasen corrected the minutes on page ll, stating that he did not make the motion about Taxi Cab licenses, the motion was made by Schmidt and seconded by Swenson. On page 12 he wanted the phrase inserted after 'Ulrick moved and Andreasen seconded a motion' to table in the defeated motion to table the Organizational Procedure Ordinance. On resolution 72-26 the title is to be changed from 'RESOU~TION DIRECTING MAYOR AND THE MANAGER TO ENTER INTO AGREEMt~T FOR PREPARATION OF A NEW ZONING ORDINANCE' as in Council Memorandum No. 72-19, to 'RESO~TTION DIRECTING MAYOR AND MANAGER TO ENTER INTO AN AGREEMENT TO REVISE THE PRESENT ZONING ORDINANCE' Ulrick moved and Andreasen seconded a motion. BE IT MOVED, by the Village Council of the Village of Mound that consideration of the minutes of January 25, 1972 be tabled. The vote was unanimously in favor, so carried. 17 SPECIAL USE PERMIT - Gas Hut HEARING Grayson C. Tuck, General Manager of Action Capital Corporation was present and spoke for the proponents of the proposed Special Use Permit to construct and operate a 'Gas Hut' on the south east corner of County Road llO and Three Points Boulevard. Schmidt moved and Kotula seconded BE IT MOVED, by the Village Council of the Village of Mound that a Special Use Permit be granted. Richard Diercks - spoke when the mayor called for those in opposition to the proposed Special Use PermitS and asked the council make careful examination of its land use in this instance. Kotula moved and Andrea~en seconded a motion to amend the orginal motion BE IT MOVED, by the Village Council of the Village of Mound that the approval of the Soecial Use Permit be subject to t;e adoption of the proposed additional right-of-way as requested by Nennepin County ef seven feet along County Road ll0; and would incorporate in detail as to what sale items were permissable and that no servicing and repairs be permitted. Ulrick moved and Kotula seconded a motion RESOLUTION 72-32 RESOLUTION~GONTINUING HEARING ON SPECIAL USE PERMIT TO FEBRUARY 29, 1972 (Gasoline Service Statiom) (Platt 61690, Parcel 8140) The mayor instructed the Village Manager that if this resolution passes he wanted a resolution prepared that would incorporate the amendments to orginal motion; for the February 29th meeting. Roll Call Vote Andreasen Nay Schmidt Aye Swenson Aye Ulrick Aye Kotula Aye So resolved Note: No vote was taken on the orginal motion or its amendment. 18 BAY RIDGE ROAD CUL-de-sac HEARING No one aooe~red either for or against this proposed cul-de-sac. Andreasen moved and Schmidt seconded a motion RESOLUTION 72-33 RESOLUTION DRO?PING PROJECT 71-37 (BAY RIDGE ROAD Cul-de-sac) The resolution passed unanimously HILDA BOYLE of the Suburban Public Health Nursing Service in Hennepin County, introduced the nurse who works in Mound, Jean Grygleski, and explained in detail the services offered and performed by the service.. ?LANNING COMMISSION RECOMMENDATIONS DIVISION OF LOTS Andreasen moved and Schmidt seconded a motion RESOLUTION 72-34 RESO~ITION WAIVING REQUIREMENTS OF CHAPTER 22 OF THE VILLAGE CODE REGARDING THE DIVISION OF PROPERTY (Part'of Lots 4 & 5 Koehler's 2nd Addition) The vote was unanimously in favor, so carried SPECIAL USE PERMIT - Upholstery Shop Andreasen moved and Swenson seconded a motion RESOLUTION 72-35 RESOLUTION SETTING HEARING FOR SPECIAL USE PERMIT (Upholstery Shop on Plat 61690, Parcel 6210) March 14, 1972 The vote was unanimously in favor, so carried SIDE YARD SET BACK VARIANCE Schmidt moved and Andreasen seconded a motion RESOLUTION 72-36 RE$OU3TION GRANTING SIDE-YARD VARIANCE (Lot 27, The Bartlett Place) The vote was unanimously in favor, so carried SETTING HEARING FOR CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE Schmidt moved and Swenson seconded a motion RESOLUTION 72-37 RE~OLUTION SETTING HEARING FOR PROPOSED AMENDMENT TO CHAPTER 23, "ZONING," RELATIVE TO PROVIDING FOR DOCKAGE WITH COMMERCIAL USE IN RESIDENTIALLY ZONED AREAS February 29, 1972 The vote was unanimously in favor SEWER ON EVERGREEN ROAD William Mills outlined the project as proposed and presented the preliminary plan. RESO~TION 72-38 RESOLUTION RECEIVING REPORT (Project 71-38 - Evergreen Road Sanitary Sewer) The vote was unanimously in favor, so carried SET DATE OF HEARING ON EVERGREEN ROAD Kotula moved and Schmidt seconded a motion RESOLUTION 72-39 RESOLUTION CALLING HEARING ON IMPROVEMENT Project 71-38 (Evergreen Road Sanitary Sewer The vote was unanimously in favor, so carried. 19 TAXI CAB LICENSE Mr and Mrs John Valek were present Kotula moved and Swenson seconded a motion RESOLUTION 72-40 RESOLUTION GRANTD4G TWO TAXICAB LICENSES TO MOUND TAXI (John Valek) The vote was unanimously in favor, so carried. CO. DOCK PERMITS Andreasen moved and Ulrick seconded a motion OE1)INANCE NO. AN ORDINANCE AI~ENDING CWAPTER 26 OF THEMOU~D CODE OF ORDINANCES, A.I,~I~G SECTION 26.960, SUBDIVISION CONCEP~ING T~E T.~GTHAND LOCATION OF DOCK, AND A~ENDING SECTION 26.9511 ESTABLISHING LICENSE FEE~ The Village Council of the Village of Mound does ordain: Section 26.960, subdivision 5, is amended to read as follows~ Subdivision ]. No dock shall extend further into the waters of Lake '~innetonka than is reasonably necessary to aooommQdate the docking ef such craft as is customarily and lawfully used u~on the waters of Lake l~innetonka nor beyond the point of lawful &utho~ity. The provisions of this subdivision shall be considered as supplementary to the ord~-a-oes and regulations of the Lake Ninnetonka Conservation District and if this regulation is more restrictive than the ordinance of Lake Hinnetonka Conservation District this regulation'shall apply. If this regulatiom is more lenient than the Lake Ninnetonka Conservation Dis*riot ordiaan~e on the same ~ubJeot this lubdivision shall not be applicable and the Lake l~innetonk~ Conservation District ordinance shall ~upersede this Section 26.9511 ia aaended to read as followa~ L.$gen~e Fees ~e a~uual fee therefor shall be al Straight Docks "L" or "T" Docks "U" Docks, Slips and ~oat Ramps $.00 7.00 lO.OO Roll Call Vote Schmidt Nay Swenson Nay Andreasen Nay Ulrick Nay Kotula Nay O~dinance fails Kotula moved and Andreasen seconded $ motion BE IT MOVED, by the Village Cou~dil of the Village of Mound that the proposed ordinance be reconsidered. Roll Call Vote Schmidt Aye Swenson Nay Ulrick Aye Andreasen Aye Kotula Aye So carried 2O Kotula moved and Swenson seconded a motien ORDINANCE NO. 292 AN ORDINANCE A2ENDING CHAPTER26 OF THE MOUNDOODE OF ORDINANCES, AMENDING SECTION 26.960, SUBDIVISION CONCERNING TEE LENGTH AND LOCATION OF DOCK, AND AMENDING SEOTION26.9511 ESTABLISHING LICENSE FEE~ The Village Council of the Village of Mound does ordains Section 26.960, subdivision 5, is amended to read as followss Subdivision 5. No dock shall extend further into the waters of La'me Minneton~a than is reasonably necessary to accommodate the docking of such craft as is customarily and lawfully used upon the waters of Lake Minnetonka nor beyond the point of lawful authority. The provisions of this subdivision shall be considered am supplementarY to the ordinances and regulations of the Lake Minuetonka Conservation District and if this re&~!ation is more restrictive than the ordinance of Lake Minnetonka Conservation District this regulation 'shall apply. If this regulation is more lenient than the Lake Minnetonka Conservation District ordiaance on the same subject this subdivision shall not be applicable and the Lake Minnetonka Conservation District ordimmnos shall supersede this Section 2'6.9511 is amended to read as follows, Licenme Fees ~ amnual fee therefor shall be as followss Straight Docks $ 2.00 "L" or "T" Docks 7.00 "U" Docks, Slips and ~oat Ramps i0.06 Andr2sen end Ulrick seconded a motion to amend the ordinance proposed by Kotula and secoaded by Swanson ORDINANCE NO. 292 AN ORDINANCEAMENDING CNAPTER 26 OF TEE MOUNDCODE OF ORDINANCES, AMENDING SECTION 26.960, SUBDIVISION CONCERNING THE, L~GTHAND LOCATION OF DOCK, AND AFJENDING SECTION 26.9511 ESTABLISHING LICENSE FEES The ~i~om ~c ~il of ~he Village of Mound does ordains Section 26.960, subdivision ), is amended to read as followe~ Subdi.~ision ~. No dock shall extend further into the wa~ers of .Lam~ I,~nnetonkm than is reasonably necessary to accommodate the dockmng of such craft as i~ customarily and lawfully used upon the wa~ers of ,aka Minnetonka nor beyond the point of lawful authority. The provmsZons ox this subdivision slmlk be oon~.~idered as supplementary ~o the ordinances and regulations of the Lake Minnetonka Conservation District and if this regulation is more restrictive than the ordinance of Lake Kir~etonk~ Conservation District this regulation 'shall apply. If this regulation is more lenient than the Lake Minnetonka Conservation District ordXaan~e on the same subject this subdivision shall not be applicable and the ' Lake M~n~etonka Conservation District ordinance shall a, ttpe~ede this Section 26.9511 isa mended to read as followss License Fees The amuual fee ~herefor shall be as follows: S~=aig~t Docks "L" or "T" Docks 7.00 "U" Docks, '8lip8 and ~at Ramps 10.00 ~eeidents of the Village ~ea~e of lice~e ~ ~e subject te all ~e ~$alo~ of this ~~oe, bu~ ~e l~ce~e fee s~ll be waiveA ~~a~ wh~ ~b~ ~c~ a license 21 ~oll Call Vote Schmidt Nay Swenson Nay Ulrick Nay Andre a sen Aye Kotula Nay Ordinance failed Andreasen moved and' Uli~lck seconded a motion to move the following ordinsnce ,. ORDINANCE NO. 292 AN ORDINANCE AMENDING C~AWTER 26 OF TEE MOUND CODE OF ORDINANCES, AMENDING SECTION 26.960, SU~DIVISION CONCERNING THE T.~IOTH AND LOCATION OF DOCK, AND AMENDING SECTION 26.9511 ESTABLISHING LICENSE FEES The Village Coumoil of the Village of Mound does ordainl Section 26.960, subdivision 5, is amended to read as follows~ Subdivision 3. No dock shall extend further into the wa~ers of La=e ~r~etonka than is reasonably necessary to accommodate ~he docking of such oraf~ as is customarily and lawfully used upon the waters of Lmke )~nnetonka nor beyond mhe point of lawful authority. The provisions of ~his subdivision shall be considered as supplementary to the ordinances and regulations of the Lake Ninnetonka Conservation District and if this regulation is more restrictive than the ordinance of Lake Minnetonma Conservation D1stric~ this regulation 'shall apply. If this regmlation is more lenient than the Lake Minnetonka Conservation Dis%riot ox~imam~, o= the same subject ~his subdivision shall not be applicable and the ~ M~netonka Conservation District ordimance shall supersede this Seoti~m26.951X ia amended to read aa foll~wsl License Fees The amuual fee therefor shall be as follows'~ Straight Docks "L" Or "T" Docks "~" Docks, Slips and ~oat Ramps 2.00 ?.oo lO.O0 Residents of the Village who a~e 65 yea=s of age shall obtain & lice~e and be subject to all the ~x~visioms of this ord~,~e, ~at the lice~e fee ~11 be waiveA f~r au~h perag~ wh~ ob~ such a lioenme for a strict ~k. , .. Roll Call Vote Schmidt Nay Swenson Aye Ulrick Aye Andreasen Aye Kotula Aye So ordained AMENDING 0HDIANCE 276 - The collection of refuse and licensing of vehicles used. Kotula moved and Schmidt seconded a motion to move the ~mendment of 0rdi~ance 276 22 293 AN ORDINANCE Ai'~ENDING ORDINANCES NO. 276 AND 279 CORRECTING THE CODE NUY£BERING I~; SAID ORDINANCES AND REPEALING SECTIONS 15.01 TO 15o06, BOTH INCLUSIVE AND SECTIO~.~ 15o95 OF THE VILLAGE CODE The Village of ~{ound Does Ordain: 1. Ordinance No° 276 was adopted by this Council on January 26, 1971 and published in the official newspaper on February 4~ 1971. The section numbers contained in said ordinance were not correctly coded in publication and said ordinance is amended so that the section numbers contained in that ordinance shall be coded as follows: Presently Coded To be Coded b~ This Ordinance Section 1 15.07 Section 2 15.08 Section 3 15.09 Section 4 15o10 Section 5 15.11 Section 6 15.12 Section 7 15o13 Section 8 15o14 Section 9 15.15 Section 10 15.16 Section 11 15o17 Section 12 15.18 2. Ordinance ~;o. 279 was adopted by this Council on March 9, 1971 and published in the official newspaper on ~arch 18, 1971 and referred to Section 7 of Ordinanc~ 27~ as Section 15o13 and re- ferred to Section 8 of Ordinance 276 as Section 15.14, and said sections are as set forth in the code numbers referred, to in paragraph 1 of this ordinance. All the terms of said ordinance and the coding thereof is hereby affirmed and ratified. 3. Sections 15.01 to 15o06~ both inclusive~ and Section 15.95 of the Village Code are hereby repealed° Attest: ~.{ayor Village clerk The vote was unanimously in favor~ so ordained CIGARETTE LICENSES Andreasen moved and Schmidt seconded a motion RESOLUTION 72-41 RESOLUTION GRANTING CIGARETTE LICENSE RENE~WALS A1 and Alma ' s Mound American Legion Du~nes 66 Surf~ide Carl' s Repair We stonka Auto Mound Lanes Hess Service National Foods Grimms Store Piggly Wiggly Paul,s Store Thrifty Drug The vote was unanimously in favor 23 METRO SE~R BOARD FEDERAL AND STATE GRANT SUPPORT Andressen moved and Ulrick seconded a motion RESOLUTION 72-42 RESOLUTION SUPPORTING THE METRO SEWER BOARD IN ITS EFFORTS TO GET A LARGER SHARE OF THE FEDERAL AND STATE GRANTS Passed by unanimous vote COMMENDING JETHRO AND MARY LOU PHILBROOK Kotula moved and Schmidt seconded a motion RESOLUTION 70_-43 RESOLUTION COMMENDINI] JETHRO AND MARY LOU PHILBROOK FOR ~HEIR MANY YEARS OF CHARITY AND SERVICE Passed by unanimous vote NOTE: Ask Orval Fenstad to attend the meeting of February 29th and make s report on the Lake Minnetonks Conservation District. TRANSFERS Schmidt moved and Kotula seconded a motion RESOLUTION 72-44 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN VILLAGE FUNDS Passed by unanimous vote BILLS The following bills were presented for consideration. Andreasen moved, and Swenson seconded a motion to pay the following bills where funds are awilable. The vote was passed unanimously. LIQUOR FUND OPERATING Amway (Alfred Sterner) Frank Blackowiak Chermark Refrigeration Harrison House Russell H. Iverson & Assoc. Johnson Paper Minnegasco Mound Hardware Mound Shopping Center Bill Niccum N. W. Exterminating N. W. Linen Orchard Garden Upholstering Nelson Schernau Tom Sterner Superior Match Co. Fred A. Thomas Inc. Village of Mound Water Care 22.00 43.00 19.23 23.50 240.00 11.68 69.97 7.52 467.92 73.50 5.00 95.66 685.00 32.96 315.oo 12o. 75 15.o0 23.75 7.30 2,278.7~i LIQUOR FUND PURCHASES Coca Cola Day Dist. Distillers O.M. Droney Bev. Co. M. G. Engler Gold Medal Bev. Coo 276.00 1,009.55 1,189.51 203.84 59.30 96.10 24 Hsmms Home Guice Co. Lake Region Bev. Co. Leding Dist. Co., Inc. Mc Kesson Liquor Co. Mid-west Wine Co. Notermann - Weber Old Dutch Pepsi-Cola Piggly-Wiggly ?ohle Sales St. Boni Bev. Co. Seven-Up Bottling Stewart Sandwiches Thorpe Dist. Co. ASSESSOR FUND Superamerica GENERAL FUND Robert Sutter (Refund) ~LANNING COMMISSION FUND Sun Newspaper MUrlCIPAL cOURT FUND City of Minneapolis ADMINISTRATION FUND Mound Postmaster Leonard Kopp American Linen Supply J P Cooke Co Imprerial Supply ASPA (League) Mals Heating and Sheetmetal Metro League of Municipalities Netkss TV Northern States Power Rackliffe Sanitation Sears Standard Oil Xerox Corp Ron Engelhart Piggly Wiggly Frank Blsckowiak Hennepin County Auditor Michelle O Brion Kristine 0 Brion Shepherds Laundry Miller Davis Mound Hardware FIRE FUND Minnesota Fire Inc Minnesota Fire Equip Sun Newspaper Westonka Auto Center Mound Fire Dept Mpls Gas Co Reynolds Welding Marina Auto Supply Mound Hardware Charles Orn 205.03 58.90 1,492.32 614.45 2,536.76 91.00 402.56 42.30 51.70 24.10 692.68 450.05 102.40 99.16 919.59 4.98 37.50 4.50 8.OO 30.00 24.58 6.00 40.30 4.o5 6.75 15.oo 5.00 33.10 29.O3 18.00 13.39 34.79 129.96 71.75 3.40 18.00 36.30 36.30 13.2o 12.66 8.70 1,O52.00 652.50 7.60 123.83 2,025..75 134.28 1.25 3.00 18 .O7 125.oo 10,617.30 4.98 37.50 4.50 8.00 997.91 4,143.28 25 STREET FUND Earl F. Anderson & Associates Cargill Inc Barbara Heyman Wm Muelller & Sons Mpls Gas Co Northern States Power P~eynolds Welding Sun Newspaper Standard Oil Thurk Body. & Implement Boyer Sanitary! Land Fill Paper ~Calmenson Frank Blackowiak Matins Auto Supply 274.00 226.54 6.00 937.09 168.29 27.86 17.30 5.4o 39.20 2 .oo 20.00 447.07 19.OO 34.67 2,246.42 POLICE FUND Mound Postmaster American Fire Extinguisher Terry Dunn Wm Hudson Hennepin County Chiefs of Police Assn Instrumentation Service Inc Herman Kraft Minn Chiefs of Police Assn Netka's TV Nelson Shoes Hillcrest Safety Equip Reo Raj Kennels Specialty Screening Spring Park Car Wash Sears Westonka Auto Center Thurk Bros Chev Thrifty Drug Uniforms Unlimited Patrick Wilson Western Auto Superamerica Sargent Sowell Shepherds Laundry Miller Davis Marina Auto Supply Mound Hardware CEMETERY FUND Minnesota Assn of Cemetery Officials 30. O0 13.50 21.36 8.35 5.00 10.O0 19.98 lO.OO 15.75 45.98 295.00 61 .OO 40.00 49.00 12.52 232.25 74.47 14.68 380.32 8.56 2.85 7.65 5o.9o 14.00 3.2.65 10.52 6.91 5.00 1,453.20 5.00 INSPECTOR FUND Duane Dodds Northern States Power International Conference of Building Officials 364.50 2.08 10.00 376.58 POOR AND WELFARE FUND Suburban Hennepin County Relief Board 786.18 786.18 PARK FUND Barbara Heyman Snow Plowing St. Boni Farm Store Sears Piggly Wiggly Mound Hardware 286.5O 122.00 68.79 6.50 5.86 496.65 26 PROJECTS Drummond ~oad Chapin Publishing William Mills Kildare Water William Mills 27.85 31.62 18.-98 59.47 18.98 Evergreen Project William Mills 104.36 104.36 S~gR ASSESSMENT FUND tst National Bank of St. Paul 134,390.00 134,390.00 BOND AND INTEREST FUND CBD Parkin~ Burlington Northern 61 1-4Water Sinking Fund 1st National Bank of St. Paul 275.00 12,573.75 275.O0 12,573.75 ~JNICIAP STATE AID FUND Wm Mills 37.95 WATER FUND Mound Postmaster Mpls Gas Co Northern States Power E. H. Renner & Sons Inc Widmer Bros Marina Auto Supply Mound Hardware SEWER FUND Metro Sewer Board Northern States Power Marina Auto Suoply LIOUOR FUND (Additional) Mal's Heating and Sheet metal Northern States Power Standard Oil Barbara Heyman Shepherds Laundry 30.00 196.53 11.50 231.75 221.00 4.80 .20 6,698.79 12.oo 60.70 165 .79 71.98 9.30 56.30 695.78 7,094.64 364.07 PARK FUND (Additional) Snowplowing MUNICIPAL COURT FUND Mpls City Comptroller BOND AND INTEREST FUND CBD PARKING Illies& °ons 866.25 249.75 lOoOO 866.25 Total to here 180,300.60 Swenson moved and Schmidt seconded a motion to adjourn until the meeting of February 29, 1972 at 8:00 ?.M. at the Shirley Hills School. The vote was unanimously in favor so carried and adjourned.