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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