1973-05-0863
MINUTF~ OF THE COUNCIL MEETING OF MAY 8, 1973 at 8 P.M. at the SHIRLEY HILLS
SCHOOL, MOUND, MINNESOTA
Present st roll call were: Mayor John D. Kotula, Councilmen Orval Fenstad, John
Andressen, Donald Ulrick and Gordon Swenson; Village Manager Leonard L. Kopp,
Attorney Curtis Pearson and Engineer Keith-E~gtcsby.
MINUTES
The minutes of the April 2h, 1973 .meeting were presented. Andreasen moved and
Ulrick seconded a motion to accept the minutes of the April 22, 1973 meeting as
presented. The vote was unanimously in favor, so accepted.
PROPOSED OCCUPANCY ORD]iNANCE - Second Hearing
The Mayor outlined the proposed Ordinance.
Councilman Orval Fenstad asked who was opposed to the proposed ordinance and
almost all of a full theater raised their hands.
The maYor said t~at the first he'ring pluS[ a number of~te~hone calls had changed
the minds of ~he council and the~mayor,on the memits of this ordinance and they
now feel there are more points against this ordinance. The council members each
in turn-expressed the s~me feelings. New sts'te legislation will cover many points
if passed, and the ordinance then would be unnecessary.
The mayor ask members of the audience if they cared to comment:
Richard Thomas What individual thought up this idea?
Mayor answered The Planning Commission, no need to name any individual.
Jeanette Gellman Thinks that ordinance should have covered the individual rental
home.
Mayor answered It does cover the individual home, not real obvious but covered.
Robert Nor§ten
Bill Howell
Commend the mayor and council for listening to the people.
How about the existing dilapidated housing why don't you tear that
down?
Mayor answered
G~tting rid of the dilapidated very slow process, many have been
torn down already.
Dan Ryerson
Upgrading to the standards in force when it was constmucted seems
to be a bad standard, and would require many standards to be in
force.
Mayor answered
This only means standards that affect the health and safety of
the occupants or the general public, not painting and fixing
sagging gates and such.
Fenstad moved and Swenson seconded a motion
RESOLUTION ~B-ii8
RESOLUTION TO DENY THE PASSAGE OF THIS ORDINANCE
The roll call vote was unanimously in favor of denial.
RESOLUTION 73-119
RESOLUTION OF VACATION OF A PORTION OF ALLEY WHICH
IS PART OF LOT 52 LYNWOLD PARK
The roll call vote was unanimously in favor.
Fenstad .moved and Andfeason seconded a motion
BE IT MOVED, by the Village Council of the Village of Mound that the Planning
Commission recommendations be tabled until later in the meeting.
The vote was unanimously in favor.
STREET LI@HT
Andreasen moved and Ulrick seconded a motion
RESOLUTION 73-120
RESOLUTION ORDEt~ INSTALLATION OF TWO STREET
LIGHTS ONE AT THE CUL DE SAC END OF RUSTICWOOD
ROAD AND ONE AT THE INTERSECTION OF GARDEN LANE
AND EVERGREEN ROAD
The vote was unanimously in favor.
RIIi~EWOOD ROAD PROJECT
Fenstad.moved and Swenson seconded a motion
RESOLUTION 73-121 RESOLUTION ORDERING PREPARATION OF REPORT ON
IMPROVMENT Bituminous Paving on Ridgewood Road
Wes~§e~Bl~d~.'~'to~Dickens Lane
The vote was unanimously in favor
MAYOR ROBERT HUBBARD of the Village of Minnetrista spoke on the sewer that would
service the people on the MinneLrista portion of the Island and those on
Enchanted Island. They want to work out an agreement between Mound, the Metro
Sewer Board and Minnetrista, and would meet with our council at any time to work
a solution to their problem as they have received bids for sewer installation in
Minnetrists.
Carl Burandt of the Metro Council~ discussed the problem and stated thst their
attorneys viewed the problem solution differently tha~ the council. The council
believes that any sewer line that would serve more than one municipality would be
considered to be an interceptor sewer line; this one ig proposed to serve parts
of Mound, Minnetrista and Shorewood.
PLANNING COMMISSION !~OMMENDATIONS
Fenstad moved and Andreasen seconded a .motion
Be It Moved, by the Village of Mound Council that the table placed on the Plan-
ning Commission recommendations earlier in the meeting be
ramoved ~ ~
The vote was unanimously in favor, so carried.
Cklair Hesse, Planning Commission .member objected on the grounds that in 1970 a
similar¥ request was made and the applicant had to stay 30%0 o£ the lot £rom
Bartlett Blvd. It was pointed out that that situation involved a new house
not yet built and this was an existing house and driveway~ that had been passed
by Hennepin County engineers.
Andreasen .moved and UFenstad seconded a .motion to grant the variance
Ulrick moved and Swenson seconded a motion to table
Be It Moved~ by the Village Council of the Village of Mound that the matter be
tabled for further study.
Roll Call Vote
Fenstad Nay
Andreasen Nay
Ulrick Aye
Swenson Aye
Kotula Nay
Table motion fails
Roll Call Vote on orginal .motion to grant variance
RESOLUTION 73-123 RESOLUTION GRANTING SIDE-YARD VARIANCE (Lots 1, 2,
and 3, Except South 90 feet therefore, Block 12,
The Highlands)
The vote was unanimously in favor, taken by roll call
Joseph M. Lane
Lot 16, Bartlett Place
Side Yard variance
Andreasen ,moved and Swenson seconded a motion
RESOLUTION 73-12h
RESOLUTION GRANTINO SIDE-YARD VARIANCE (Lot 16,
The Bartlett Place)
The vote was unanimously in favor.
William Weeks
Lots 20-22~ Bartlett Place
Relocate Easement
Andreasen moved and Fenstad seconded a motion
RESOLUTION 73-125 RESOLUTION GRANTING RELOCATION OF EASEMENT (Parts of
Lots 20 - 22, The Bartlett Place)
The vote was unanimously in favor
Loading Dock
Part of Lot ~2, Lynwold Park
Willard Hillier - not present at this time
Ulrick moved and Fenstad seconded a .motion
RESOLUTION 73-126
RESOLUTION GRANTING LOADING DOCK VARIANCES (Part of
Lot ~2, Lynwold Park)
66.
RESOLUTION 73-127
RESOLUTION GRANTING LOT SIZE VARIANCE (Lot 37,
Mound Addition)
The vote was unanimously in favor.
Ray Jones of Elder-Jomes Inc
Lot iL, Mound Addition
Lot size variance
Ulrick moved and Swanson seconded a motion to table
Be It Moved, by the Village Council of the Village of Mound that the .matter of
Lot size ~ariance on Lot iL, Mound Addition be tabled and the
attorney be directed to prepare a resolutioh of deni21.
The vote was unanimously in favor
Thomas Green
Lot 3 Block 5, and Lot 18~ Block h, Shady~ood Point
Lot size variance
Fenstad moved and Swanson seconded a motion
RESOLUTION 73-128 RESOLUTION GRANTING VARIANCE FOR GARAGE ON UNDER
SIZED LOT (Lot 3, Block 5 and Lot 18, Block ~
Shadywood Point)
The vote was unanimously in favor
MINNESOTA BAPTIST ASSEMBLY PARK ASSESSMENT
Andreasen moved and Ulrick seconded a motion
RESOLUTION 73-129 RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PRO~ED ASSESSMENT (The
Highlands Park Acquistion ~d Development -
Project 73-20 (Block 3 of Minnesota Baptist
Assembly)
The vote was unanimously in favor.
WESTEDGE, EVEReREEN AND IDLEWOO[} PROJECTS ASSESSMENT
Andreasen moved and Swanson seconded a motion
RESOLUTION 73-130 RESOLUTION 8ECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMF~NT
(Westedge Water, Evergreen Sewer and Idlewood
Water - Project 72-100)
The vote was unanimously in favor.
NEW VILLAGE OFFICES
Swanson moved and Andressen seconded a motion
RESOLUTION 73-131 RESOLUTION ORDEi~IN~ VW_T~AGE~, ,HALL BUILDING BE BUILT ON
ORGINAL SITE IN SHIRLEY HILLS UNIT
Roll Call vote wa~ un~h'im~s[y ih favor
6T.
DOCK ORDINANCE
Fenstad ,moved and Swenson seconded a .motion to ordain the following ordinance
ORDINANCE NO. 305
AN ORDINANCE RELATING TO THE O(~STR~TI0~
AND USE. OF D~KS
ADD~G ~ ~I~S TO ~ C~E ~ ~-
ANO~ ~D ~L~ ~I~S 26.950,
~6,952, a~ 26.954.
The ?iliads Council of the Village of NoUnd does ordain,
A new .emotion 2'6.9501is added to the ordinance code to read as followsl
Section 26.9501. Licenses, Docks.
~d~vision 1.'~k.~efined. For purposes of this port the term
"dock" means anywhere, pier, boathouse, boat ~amp, boat slip or
other structure constructed or maintained in or into the water of
a lake from publicly-c~ned shoreland.
Bubdiv~s~on 2. License Require~. No person shall erect, keep or
maintain a Sock on or ah~atting~pon a~v public street, road, park
or commons without first securings license therefor from the
Village Oounoil.
~ubdivision.~. Other CO~_s~...ruotion. Construction of any kind
abutting upon aray public ~ay, park or commons or the alteration
of the natural contours of land abutting a~y public way, park or
commons ia unlawful unless a special permit therefor is issued by
· the Village Council.
Section 26.951 is amended as follows,
Section 26.9~1. Application for and Issuance of Licensee.
. ~ubdivision 1. Be~ar~'te.'~icense Required. Each dock shall require
a separate ~ioenee. Application for such license shall be obtained
at the Village Of Nound Office. Such application shall state,
among other thin~s, the full name and address of the applicant,
the description of much dock, and a description of the location or
proposed location of euch dock, and such other information as may
be required by the application form. Application for such license
shall be filed with the dock inspector, and he is hereby authorized
to check the applications and issue the licenses. No such licenses
'will be authorized by the dock inspector until he shall have first
determined that such proposed dock, or the maintenance of ar~y such
dock at the time of the passage of the within ordinance, complies
substantially with the terms of the within ordinance. Ail such
applications shall be accompanied by'the required fee, and all such
applications shall be considered by the dock inspector, and if
~seued, the. license (plate) shall be placed on the dock in such
a way so that it will be clearly visible to persons in boats on
the lake.
· 8~b.~ivision 2. Lioenees~.p~.iorities. The following priorities
govern the ~ssuanoe of.doCk' licenses under this port.
(a) First priorit[. An abutting owner has first priority for any
location
within his lot lines extended from the shoreline.
Docks shall be located as close to the center of the lot as
possible.
(b) ~. A licensee has second priority when a~lvin~
68.
Section 26.960. Subdivisions 1, 2, 4 and 5 are amended to read as follows~
Section 26.960.
Rules and Regulations.
Subdivision 1." The village Council shall determine and approve
~he l~oation 'of each dock. With respect to docks erected or
maintained or proposed to be erected or maintained by owners of
land abutting upon any street, road or common intervening between
such property and the shore of Lake Minnetonka, such docks shall
be constructed and maintained midway between the intersections of
the opposite side lines of the property of such applicant, as
extended, with the shore of Lake Minnetonks; except that variations
may be permitted by the Village Council where it appears impracti-
'cable to so locate such dock and where it further appears that any
such dock or proposed dock constructed elsewhere will not interfere
ur~reasonably with the use or enjoyment of said waters of Lake
Minnetonka by the public or other adjoining lot owners abutting
upon any such street or common.
Subdivision 2. No more than one dock shall be permitted for each
a~pii~ant an~ hie immediate family, save and except that the Village
Council may direct the issuance of a license by the Village Clerk
for more than one dock for any such applicant where the erection
and location thereof will not interfere unreasonably with the
public use or enjoyment of the waters, streets and commons of the
Village, and provided further that the owner of more than one
residence or lake cottage abutting upon a public street, road
or common which interVenes between such property and the shore
of Lake Minnetonkammy be permitted one dock foreach such resi-
dence or cottage.
Subdivision 4' Ail such docks shall be constructed and maintained
of' such materials and of such type of construction as will not render
the same unsafe or apt to endanger the public enjoyment of such
waters and shall be constructed in' such manner as not to be un-
sightly or offensive to the public use and enjoyment of such
~' waters, and shall be constructed in accordance with any and all
.... provisions of the building code of the Village of Mound which are
applicable thereto.
Subdivision 5. The Village Council or such officer as may be
designated by the Village Council for the purpose, may at ar~y
reasonable time inspect or cause to be inspected, any dock erected
or maintained upon, or abutting upon., ar~y such public streets, road,
park or Common, and if it shall appear that any such dock has not
been constructed or is not being maintained in.accordance with the
application therefor or the plans or location thereof as approved
by the Village Council or if it shall appear that such dock has
become in such condition that it no longer complies with the require-
ments of the within ordinance, the Village Council by its clerk shall
forthwith notify the owner thereof in writing specifying the way or
ways in which said dock does not comply with the within ordinance,
after which said owner shall have 10 days to remove such dock or
make the same comply with the terms of the within ordinance and the
terms of the application and issuance of the license therefor. In
the event such owner shall fail, neglect or refuse to remove such
dock or make the same comply with the terms of the within ordinance
within such period of 10 days, the license therefor shall be re-
voked by direction of the Village Council and by notice in writing
to the owner thereof issued by the Village Clerk. The notices herein
required shall be given in writing by the Village Clerk by mail
directed to such dock owner at the'address given in the application
for the erection of such dock or in the-notice of tx~nsfer of such
license. ~
Section 26.980 is amended to read as follows,
Section 26.9.80. Penalties. Any person, firm or corporation who shall
ere0t or maintain a dock without securing a license therefor as herein
provided, or who shall fail to comply with any of the requirements
herein set forth shall, uDqnconviction thereof, be guilty of a mis-
demeanor and fined not less than $5.00 no~ ~ore than $100.00 or im-
prisoned in the !Village or county jail not less than 5 days nor more
than 30 days. In addition to the foregoing, the Village Council may
remove or cause to be removed a~V dock for which no license has been
issued in accordance with the within ordinance or for which an~ such
license shall have been revoked as'herein provided, at the expense of
the owner thereof.
Section 26.9511, as amended by Ordinance No. 292, is amended to ~ead as
follows,
Section 26.~11. License Fees. The annual fee therefor shall be as
follows,
Straight Docks $ 2.00
"L" or "T" Docks 7.00
"U" Docks 10.00
Residents of the Village who are 65 years of age and older shall obtain
a license and be subject to all the provisions of this ordinance, but
the license fee shall be waived for such persons who obtain such a
license for a.straight dock.
Section 47.03, paragraph 14 is repealed and a new paragraph 14a is added
to said section to read as follows:
14a
The beaching, docking, mooring, parking, storing or leaving
~'unattended of any type of water craft, fish house, dock, boat
trailers, building materials or any private proper~yon any
public water within the harbor limits of the village or upon
any public lands for more than 24 hours without a valid permit;
or, the depositing of any refuse or waste or dumping in any
form on public lands or in public waters.
Sections 26.950, 26.952 and 26.954 are repealed.
Roll Csll Vote wss unsni,mously in fsvor
69.
S4OPE EASEMENT ON COUNTY ROAD ffllO
Swenson .moved and Ulrick seconded s motion
RESOLUTION 73-133 RESOLUTION AUTHORIZING A SLOPE EASEMENT FOR THE
IMPROVEMENT OF BARTLETT BOULEVARD (County Rosd fill0)
The vote wss unsni,mously in fsvor
i973 AUDIT
Ulrick ,moved snd~dressen seconded s ,motion
RESOLUTION 73-134 RESOLUTION AUTHORIZING RETAINING MERRILL A. HANEEIT
70.
BRIARWOOD BEER LICENSE
Fenstad moved and Ulrick seconded s motion
RESOLUTION 73-136 RF~SOLUTION GR~NTING OFF SALE NON-INTOX2CATING M~LT
LIQUOR LICENSE (Brierwood Restaurant)
The vote was unanimously in favor
DOCK LICENSES
Andreasen moved and Ulrick seconded a motion
RESOLUTION 73-137 RESOLUTION GRANTING DOCK LICENSES (List Number 1)
The vote was unanimously in favor
SENATE FILE #12h6 - ELECTION
Fenstad moved and Ulrick seconded a motion
RESOLUTION 73-138
RESOLUTION REQUESTING GOVERNOR ANDERSON TO WITHDRAW
HIS SUPPORT FROM SENATE FILE 1226 - STATE WIDE
VOTERS REGISTRATION I4HICH PROVIDES FOR REGISTRATION
ON ELECTION DAY
The vote was Kotula Nay, allfothcrs aye.
ACTING VW].AGE MANAGER
Fenstad moved and Swenson seconded a motion
RESOLUTION 73-139 P~UTION DESIGNATING ACTING VILLAGE
Barbara Heyman
The vote was unanimously in favor
MOUND FIRE RELIEF ASSOCIATION
Andreasen moved and Ulrick seconded a motion
RESOLUTION 73-1h0
Roll Call Vote
Fenstad Aye
Andreasen Aye
Ulrick~ Aye
Swenson Abstain
Kotula Aye
So resolved
P~ESOLUTION APPROVING M~INNESOTA LAWS, 1973, CHAPTER
17~, RELATIVE TO FIREMEN'S R~IEF ASSOCIATION
(Firemen's Pension)
POLICE SALARIES
Swenson moved and Ulrick seconded a motion
TP~NSFER OF FI/NILS
Fenstad moved and Swenson seconded a motion
RESOL~ION 73-1h3 RESOLUTION AUTHORIZING TRANSFER OF FUNDS
The vote wss unanimously in fsvor
71.
BILLS
The following bills were presented for consideration
Swenson moved and Andreasen seconded a motion to pay the following bills where
funds are available. The roll call vote was unanimously in favor.
Liquor Fund~ur~hases~
Day Distri~ti~g
Distiller~ Distributing ~..
O.ML D~emey Beverage
Geld ~da! Bs~
~s T.C.. Sales
H~ Juice
~ke ~on Bevera~ Co.
~ ~st~buti~ Co.
~Eesson ~quor Co.
Note~~e~r
P~psi~01a
7~p Bot$1!~
~o~e ~stri~ti~
~iquor ~ OPerating
CUlligan
Gems, Garvais
Green T. ~cctg.
Mel' s Van-O-Lite
Mtnmsgasce
Mound Hardware
Mound Shopping Oenter
Nelsen Shernau
Secu~it~ Alarms
?~m Sterner
Wards
Drews Electric
18~60
3,037.39
1,874~26
2,437.07
i50.i5
563.05
17 .O0
6~..~5
1,334.41
20.00
I~o.oo
~4.38
17.33
9.31
467.92
8.~9
39.83
_~ 27,60
14,063.67
1,O6Z.O6
POOR AND 14ELFARE FUND
Suburban Henn County Relief Board
BOND AND INTEREST FUND
660.86
;660.86
72
FIRE FUND
Frank Blsekowiak
BUSheS 66 Service
Mound Hardware
Mpls Oas Co
Mound Blders
Northern States Power
Reynolds Welding Supply
Mound Fire Dept
Charles Orn
POLICE FUND
Babler Automotive
Dean Campbell
Duanes 66 Service
City of Mpls
Mound Hardware
Miller Davis
William Hudson
Sharon Stark
Shepherds Laundry
Sears
Thurk Bros Chev
Uniforms Unlimited
Zebs Standard
Williams Shoes
STREET FUND
Frank Blackowiak
Bryan Aggregates
Widmer Bros
Marina Auto Supply
Mound Hardware
Mpls Gas Co
Northern States Power
Reynolds Welding Supply
Standard Oil
Thurk Bros Chev
PARK FUND
Northern States Power
RolyanMfg Co Inc
Twin City Seed
IMPROVEMENT AND EQUIPMENT OUTLAY FUND
Iten Chev
ASSESSOR FUND
Hennepin County Finance
PLANNING COMMISSION FUND
Sun Newspaper
MUNICIPAL COURT FUND
City of Mpls
ADMINISTRATION FUND
~+ Mound Postmaster
(Bulk Mailing)
10. oo
3.03
~.o3
2~. oo
lO?.~o
lO6. ~o
1~2.[6
90. oo
23. oh
?.50
7. OO
81.87
282.67
hi. 9o
ho. oo
19.oo
31.88
~3l. OO
72.g6
12.21
hh.l~
1,55h.h8
2.FO
130.19
1~.76
6.00
~l.oo
216.00
10,633.11
2,27[.00
13.7o
60.00
138.1g
2,h6h.g8
1,270.[2
2,h12.73
66[.00
10,633.11
2,27a~.00
13.70
60.00
SEWER FUND
Metro Sewer (SAC)
* University of Minnesota - Robert Miner
Widmer Bros
Metro Sewer Board
Robert Miner
Mound Hardware
David Willette (Re£und SAC)
Northern States Power
Thurk Bros Chev
LIQUOR FUND (ADDITIONAL)
Northern States Power
Shepherds Laundry
MUNICIPAL BLD6 CONSTRUCTION FUND
Williams~O Brien Associates
2,99h.75
27.00
8~.~o
19.fo
3.8~
3op.8o
167.h3
6.60
2~868.7~
6,713.h7
1 ?h. 03
2,868.75
73
ELECTION FUND
,Continental Telephone
5.88
5.88
MUNICIPAL COURT FUND (~dditional)
Gary Ph~e§er
PS.oo
75.oo
ADMINISTRATION FUND (Additional)
Continental Telephone
Xerox Corp
The Laker (Hunan Rights Commission Ad)
FIRE FUND (Additional)
Continental Telephone
Barbara Hey.man
POLICE FUND (Additional)
Continental Telephone
Mobil Corp
Barbara Heyman
STREET FUND (Additional)
Continental Telephone,
Mobil Corp
~Wm Mueller & Sons
CEMETERY FUND
Illies& Sons
17.10
5o.oo
8.00
100.38
327.23
10.00
29.80
281.12
1,168.90
h2.00
h37.61
i,h7?. 82
h2.00
CIVIL DEFENSE FUND
Continental Telephone
hO.O0
hO.O0
PARK FUND (Additional)
Continental Telephone
Robert Miner
James S~oorner {Refund on Dock License)
1.2~
i6.00
2.00
LIQUOR FUND (Additional)
David A§ency
5o3.oo 5o3.oo
Total to here
50,160.15
Andreasen moved and Fenstad seconded a .motion to adjourn until the meetin§ of May
22, 1973 at 8 P.M. at the Shirley Hills School. The vote was unanimously in
favor, so carried and adjourned.
Le~onard L. Kopp, VilIa~e Manager
Barbara Heyman, ~illa§e Clerk