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1972-02-2928 MINUTES OF THE MEETING OF FEBRUARY 29~ 1972 at 8:00 P.M. at the SHIRLEY HILLS SCHOOL, MOUND, MINNESOTA The meeting was called to order by the Mayor. Roll Call was taken by the clerk. Present were: Mayor John D. Eotula, Councilmen John P. Andreasen, Donald Ulrick and Gordon Swenson (Councilman Eldo $chmidt was not oresent for roll call but arrived during the meeting); Village Manager, Leonard Kopp, and Attorney Curtis Pearson.. MINUTES - January 25, 1972 Ulrick moved and Swenson seconded a motion to accept the minutes of the January 25, 1972 meeting as corrected.~ The vote was unanimously in favor. MINUTES - February 8, 1972 Andreasen moved and Swenson seconded a motion to acceot the minutes of the February 8, 1972 meeting as presented.. The vote was unanimously in favor, so carried. ~;BLIC HEARING - Evergreen Road Sanitary Sewer Wm Mills, the engineer outlined the proposed project. Ulrick moved and Swenson seconded a motion HmOLUTION 72-45 RESOLUTION ORDE!~.ING IMP ~.OV[PMENTS AND PREPARATION OF PLANS Evergreen Road Sanitary Sewer - Project ?1-38 Roll Call Vote Andreasen Aye UlrJck Aye Swenson Aye Kotula Aye So resolved SPECIAL USE PERMIT HEARING - Gas Hut - CONTINUTED Grayson Tuck, oroponent introduced his ~ttorney, John Crouch, and spoke in favor of his propose4 g~s station.. Charles Diercks asked Mr Tuck to repeat his presentation, as he, Miss Sylvia Ogren and Mr. Johnson of Mtnnetrista, were not present at the~February 8, 1972 orginal hearing. Mr Tuck repeated his presentation, as requested. Mr Charles Diercks and Mr. Johnson objected to the gas station, as unnecessary and possible traffic hazard. Note: Councilman Eldo Schmidt arrived at 9:20 P.M. Mr Roy O'Donnell objected to the council 'badgering' the oro,~q,nents of the Gas Hut. Andreasen moved ~$w~nsgn seconded a motion to continue the h.earing until March 28, 1972. Councilman Donald Ulrick stated that after reading all the material supplied by the att'orney and the administrative staff he felt that the council had no legal right to refuse, and if they did they would have to use public money to defend a lawsuit that we would surely lose. Mr Tuck and his attorney protested another continuation and asked what conciliatory conditions the council wanted to settle the matter tonite. The conditions were adm,nded and agreed between the council, the proponen{s counsel and Mr. Tuck . Andreasen withdrew his motion and Swenson withdrew his second of the proposed motion to continue the hearing until March 28, 1972. Swenson moved and Andreasen seconded a motion RESOLU TI ON 72-46 HESO~TION GRANTING SPi~CIAL USE PERMIT FOR GASOLINE SERVICE STATION (Plat 61690, Parcel 8140) with certain conditions. The vote was unanimously in favor, so passed. 'PUBLIC T{EAPING ON ZONING ORDINANCE AMENDMENT - Commercial Docking in Residential Areas Mr Roy O'Donne!l objected to commercial docks near swimming beaches. Mr James Regan stated that any 5oecial U~e Permits weakened the ordinance. Mr. Orval Fenstad said he was in favor of the proposed change. Andreasen moved and Schmidt seconded a motion Be It Moved by the Village Council of the Village of Mound that the residential property on which dockage is to be located and the com~erical property served shall be in common ownership and located within 300 feet of the property line of the commercial property. Ulrick moved to change the distance to 500 feet, the motion died for lack of a second, The vote on the original motion was unanimously in favor. Roy O'Donnell stated that the council shows a lack of concern for the public safety, in considering this amendment Ulrick moved and Andreasen seconded a motion Be It Moved, by the Village Council of the Village of Mound that the prooosed amendment include the ohrase ,the council may require a performance bond to assure the construction required by the special use oermit'. Roll Call Vote Schmidt Aye Swenson Aye Andreasen Aye Ulrick Aye Kotula Aye So moved. Ulrick moved and. Andreasen seconded a motion to move the following ordinance ORDINANCE NO. 294 A~ PE~~G ~KS A8 A USE BY ~L PE~ ~E~L DISTRICTS TO 8~ CO~C~L PRO~ ~ EST~LISH~G 8TA~S :, ': ~e ~i~ Co.oil of the Vil~ of ~d does or. in: 8eoti~ ~.011, Subdivision (d) i~ amended to add subsection , e~ll remd am fellows~ 11. Docks ~iute docks conet~cted in acoo~noe~ wSth the re~lations of the ~ke ~eton~ Conee~mtion ~itted to se~e o~-f~ily pri~te $eotion 2~.Oll, ~ub~ision (d) is amended to add subeection 12 e~ll read as follows~ 3o 12. Docks Servin~ Commercial Property. Docks to serve property located in Commercial Use District, Commercial Use District A, Bi and B2 may be permitted upon securing a Special Use Per, it from the council after receipt of the recommendation of the .Planning Commission and a public hearing. ~aid public heari~ shall be preceded by 10 days' written notice ~ailed to all property owners within 200 feet of an~ lot line of the resi- dential property to be used for dockage. The application for a Special Use Permit shall contain the following informatior~ A. A list of the owners of the property in the residential use district and of the property it is to serve in the : commercial or business district. B. A scale drawing cf the property on which the dock is to be located and the proposed location of the dock. Said draw.~ ing shall show all public rights of way and any structures located within or without ~0 feet of the boundary line of the property for which the Special Use Permit is requeste~ ~ AnF special use permit granted by the council shall be con- ditioned as fcllowsl A. The residential property on which dockage is to be loca~,, and the comm~_rcial propert~ served shall be in common owns.-- ship and shall be located within ~00 feet of the property line of the commercial property. B. The mooring of boats at such dock shall be li~ite~ to a maximum of four hours. C. No gas, oil or other product may be sold from the dock and no servicing of boats will be permitted. D. One sign for identification will be allowed but it shall not exceed a total of six (6) square feet in size. E. Ingress and egress from the residential lot shall be re- stricted to the proper~y held under common ownership and adequate safeguards shall be provided so that persons docking will not trespass on private property or on az~ public property except for properlF designated streets or sidewalks. F. The cou~il shall speeiD; a%~ special conditions ~hat they ROLL CAlL VOTE ma~ require, such as fencing, lighting or landscaping, and shall require a site plan showing the location of any fencing, lighting or landscaping. An~ lighti~ installed alsng the dock or the pathway from the residential to the commercial property shall be in such a manner~as to have no direct source of light visible from a public:.~ig~t of way or adjacent land in the residential use districf~ The Council may require a performance bond to assure construction of the site improvements required by the Specia~ Use Pex~it. G. The owner shall be required to maintai~ the premises in · neat and clean manner and in accordance with .the tex~s established by the special use permit. H. The council shall determine in all~wing such · Special Use Permit that this use will not be detrimental to the public welfare or injurious to ~ther property in the.neighborhood. X, The owner shall be required to meet and comply withall the ~etandax~l~ and require~nts of the Lake ~innetenkaC~n~srva- tion District. Schmidt Aye Swenson Aye Andreasen Aye Ulrick Aye Kotuls Aye So ordained 31 MINNETRISTA S~JER PLANS - were discussed CONSTRUCTION OF HOUSES ON IDL~OOD PRIOR TO INSTALLTION OF WATER Kotula moved and Schmidt RESOLUTION 72-47 Roll Call Vote Andreasen Aye Swenson Aye Ulrick Nay Schmidt Aye Kotu!a Aye So resolved RESOLUTION PERMITTING CONSTRUCTION OF HOUSES ON LOTS 5, 6 and 7, BLOCE 10, THE HIGHLANDS ORDERING FEASIBILITY REPORT ON IDLET~)OD WATER PROJECT Andreasen moved and Swenson seconded a motion RESOLUTION 72-48 RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT Idlewood Water - Project 72-39 The vote was unanimously in favor, so resolved L~KE MINNETOT~A CONSERVATION DISTRICT REPORT Orval Fenstad, representative of the Village of Mound on the Lake Minnetonka Conservation District reported on the Shoreland Use Policy now being formulated by the District. The mayor requested Mr Fenstad to set up a meeting with the Co~mcil and the District to discuss the prooosed Shoreland Use Policy when the final draft is made. CIGARETTE LICENSES Andreasen moved and Schmidt seconded a motion RE~OLUTION 72-49 RESOLUTION GRANTING CIGARETTE LICENSE REN~MALS Babler's Boat Club Superamerica Zebs Standard Service Prize Pantry Superette Eagle Industries at North Star Station Viking Enterorises at Tonka Tonka Vending at V~M Quist Lake Distributing at I.P. Skelly Station The vote was unanimously in favor, so resolved GARBAGE AND REVISE COLLECTION LIC4MSES Schmidt moved and Ulrick seconded~a motion RESOLUTION 72-50 RESOLUTION AUTHORIZI$~G ISf~U&NCE OW GARB.~GE AND REW3SE COLLECTOR LICENSES TO BLACKOWIAK & SONS~ 20YER'S GARBAGE SERVICE, MIKE'S "~.~[~.~ T^TION,. RAC~'LI~FE'S SA~TITATION ~ CROSSTO~,~ SANI~'ATION The vote was ~enimously in favor,~ so resoly~d The attorney is instructed to check on the small 3 wheel vehicles used by Blackowiak. PLA~NING COMMISSION APPOINTMENT Richard Spellman was apoointed by the mayor to fill the unexpired term of Roger Reed on the Mound Planning Commission, the term to expire on January l, 1973. Ordinance 291 Swenson moved and Ulrick seconded a motion 32 Be It Moved, by the Village Council of the Village of Mound that the Ordinance 291 passed on January. 25, 1972 'be reconsidered. Roll Call Vote Andresen Aye Schmidt Aye Swenson Aye Ulrick Aye Kotula Aye So moved ORDINANCE TO REPEAL ORDINANCE NUMBER 291 l~lrick moved and Swenson seconded a motion ORDINANCE N0. 295 AN ORDINANCE RESCINDING ORDINANCE NO. 291 AND ' '[ DELETING SECTIONS 5A.05 THRU 5A.12 OF THE MOUND CODE OF ORDINANCES The Village Council of Mound ordaims~ Section 51.15. Sections 51.05 throush ~A.12 of the Code of ordinances is herewith repeale~. This ordinmn~e shall become effective fr~aanA after i~s ~ption' and publication in the effielal newspaper. The vote was unanimously in favor, so ordained PUBLISH ORDINANCE Andreasen moved and Ulrick seconded a motion Be It moved, b~ the Vitla~e Council of the Vi!lsge of Mound that the staff be directed no~', to publish repealed ordinance No 291. The vote was unanimously in favor, so carried. Bills The following: bills were presented for consideration ulus one for ~6.gO in Administration Fund to Hennepiu Co~nty League. Swenson moved and And~easen seconded a motion to pay the following bills plus the one for $6.50 just added where funds are available. The vote was unar~imously in favor so carried. Village of Mound Bills - February 29, 1972 ASSESSORFUND Petty Cash h.68 Helen Newell 6.00 PLANNING COMMISSION FUND Sun Newspaper CIVIL DEFENSE FUND Lake State Telephone 9.90 h0.O0 10.68 9.90 h0.O0 33 ADMINISTRATION FUND Standard Oil Northern otates Power Columbia Ribbon & Carbon Ganzel Signs Cklair Hasse League of Minnesota Municipalities MIIC (Conference on Labor Unions) State of Minnesota (Session Laws) Metro Sales Mound Blders National Cash Register University of Minnesota Barbara Heyma n Petty Cash Lske State Telephone Xerox Corp Dave Willette FIRE FUND Burton Equipment Co Mound Fire Dept (Fire Marshall Inspections) Mound Blders Northern States Power Sun Newspaper Watertown Community Hospital Lake State Telephone Petty Cash POLICE FUND SDring Car Wash Electronic Center Ganzel Si ~gns Longpres Babler Automotive Reo Raj Kennels Gerald Dchoenhofen Standard Oil Petty Cash · Barbara Heyman Lake State Telephone Dave Wille tte Zebs Standard Service STRUT FUND Northern States Power Standard Oil Wilbur Thurk Body& Implement Ziegler Inc Sun Newspaper Lake State Telephone Petty Cash INSPECTOR FUND Lake State Telephone Petty Cash PARK FUND Mound Postmaster Mound Blders Northern States Power Petty Cash SnowPlowing (Skating Rinks) MUNICIPAL STATE AID ~JND Hennepin County (Traffic Signal) 45.41 66.63 39.50 7.50 76.63 4.00 15.oo 7.50 266.40 2.28 17.76 22.50 20.00 4.?1 75.45 118.8o 13.5o 61.92 2oo.oo 8.77 72.52 8.1o 1.65 118.74 3.30 16.00 8.86 7.5o 9.95 124.9o 92.50 25.00 218.29 13.38 11.OO lOO.15 30.29 118.36 1,350.73 206.83 123.5o 248.97 12.90 23.8O .70 23.80 7.13 45.00 13.97 2.O8 5.73 229.50 803.57 475.00 776.18 1,967.43 30.93 296.28 '' 1,194.34 1,I94.34 3~ WATER ~JND Mound Postmaster Feed Rite Controls tnc Hawkins Chemical Integrated Data Processing Lyon Chemical Northern States Power E. H Renner & Sons Inc Widmer Bros Lake State Telephone Petty Cash S~ER OPEP~TING FUND General Communications Integrated Data Processing State of Minnesota (Annual Bridge License) Northern States Power Ruffridge Johnson Westonka Plbg Widmer Bros Lake Otate Telephone 45.00 18.40 177.12 32.90 386.00 677.25 210.75 2,449 · O0 23.8O .08 25.90 32.9O 1.OO 753.94 340.44 21.65 20]..50 4,020.30 1,380.35 LIQUOR FUND Lake State Telephone 25.40 25.40 Total to here 11.o30.36 METRO ADVISORY COMMITTE~ Mayor Kotula expressed an interest in an appointment to the 'Open Spaces Committee' Manager Kopp would like to be on the 'Ho~sing Committee'~ Andreasen moved and Swenson seconded a motion to adjo~rn until the meeting of March 14, 1972 at the Shirley Hills School - 8:00 P.M.. The vote.was un~animously in favor, so carried and adjourned. ~