Loading...
1970_Minutes and ResolutionsVILUGE OF SPRING PART( RESOLIRI MS S NIlOJMS 1970 C 70-1 Posting of seasonal load limits 70-2Asquisition and disposition of land Co. Auditors list 644-C 70-3 Recognizing the need for uniform snowmobile regulations 70-4 Construction of a 52 foot street on right of way of Co. road 15 70-5 Extending a moratorium on dance permits 70-6 Adopting assessment roils for water extension Project 69-1 70-7 Objection to imposition of Arbitrary increses in property taxes 70-8 Feasibility study for the merger of certain municipalities 70-9 patching and seal -coating village streets 70-10 Authorizing a ten year loan for water extension project 69-1 70-11 Designating expenses from Bruzek court action - the obligation of the General Fund 70-12 Endorsing action by the St. Legislature in redefining tax exempt categories 70-13 Adopting Fire Contract 1971 70-14 Adopting Police agreement 1971 70-15 Recertifying advalorum taxes 1971 70-16 Award Bituminous surfacing of roads 70-17 Repealing Resolution 69-2 and establishing revised council meeting dates 70-18- Requesting Henn. Co. to conduct a traffic survey 70-19 Adopting the 1971 Bud;et V ' Accepting resignation of councilman Edmund Wasik 76--1 Accepting the resignation of councilman Fredrick Walton 70-22 Appointment of Andor Skaret to office of councilman 70-23 Robert D. Udell appointment to the office of councilman 70-24 Settling claim of MacWillatams construction Inc. 70-25 Participation in Sub. Henn. Co. Relief Board 70-26 Participation in the suburban Henn. Co. Nursing Dist. 70-27 Directing the fluoridation of municipal water RESOLUTION NO, 70 - 1 POSTING OF SEASONAL LOAD LIMITS WHEREAS, Ordinance No. 36, an ordinance relating to the regulation and posting of seasonal load limits u upon all roadways within the limits of the Village of Spring Park provides that the Village Council by Resolution prohibit or restrict the use of Village Streets or roadways when in its considered opinion uncontrolled use will cause serious damage to said thoroughfares; and WHEREAS, the spring thaws cause an inordinate amount of deterioration; and WHEREAS, it is considered in the public interest to en- force said ordinance. NOW THEREFORE BE IT RESOLVED THAT: 1, The Public Utilities Superintendent is hereby empowered to prohibit or restrict traffic on streets or roadwpys, which in his beat judge- ment will suffer undue deterioration had not these restrictions been imposed. 2. The Public Utilities Superintendent shall cause to have signs posted in conspicuous spots stating in clear, concise language the nature of the restriction or prohibition. 3. Said restriction or prohibition shall remain in force until the emergency ceases to exist. 4. Exceptions may be made by the Chief of Police or Public Utilities Superintendent when in the opinion of one or the other, or both, such re- striction or prohibition will have effect on the health, sanitation or well-being of the residents living on the thoroughfare/s Where such re- strictions are imposed. S. No part of this act shall be construed as af- fecting emergency vehicles of Whatsoever nature. ADOPTED BY THE VILLAGE COUNCIL AND APPROVED BY THE MAYOR THIS THIRD DAY OF MARCH, 1970. �- APPR VED: _ ATTEST,- MAYOR 1 . � �-' Clerk 0 VILLAGE OF SPRING PARK, MINN. 55384 _ 1970 OFFICIALS AND OFFICES TEL: 471-9051 MAYOR: Gerrit D. Schmidt Acting Mayor: Edmund Wasik COUNCILMEN: Frank Hunt, Jr. Jerome P. Rockvam Frederick H. Walton Edmund Wasik CLERK TREASURER: E. G. Patterson CHIEF OF POLICE: Patrick S. Wilson UTILITIES SUPERINTENDENT: Willard Bush Luther Anderson, ASST. ASSESSOR: ) BUILDING INSPECTOR:) Lawrence Brakke Box 245, Spring Park 471-9460 4690 West Arm Road Mound, Minn. 471-9074 4732 West Arm Road 471-9379 Mound, Minn. Baw 301, Spring Park 471-9515 3853 Sunset Drive 471-9308 Wayzata, Minn. 4690 West Arm Road 471-9074 Mound, Minn. Box 101, Spring Park 471-9051 Home 471-9620 Mound, Minn. 472-3711 544-9511 Box 104, Spring Park 471-9051 4559 Shoreline Dr. Mound, Minn. 471-9359 2400 Kings Road 471-9604 Mound, Minn. COMMISSIONERS PUBLIC UTILITIES: Frederick H. Walton WEEDS Jerome P. Rockvam ATTORNIES: Civil - Allan Quello Criminal Gary Phleger AUDITORS: M. J. .song Co. ENGIN9US : �s Schoell 6 Madson, Inc. 401 E. Lake St. 473-7326 Wayzata, Minn. 401 E. Lake St. 473-7326 Wayzata, Minn. Tonka Bldg., Excelsior 474-8827 50 Ninth Ave., So. 938-7614 Excelsior, Minn. • CIVIL DEFENSE DIRECTOR: E. G. Patterson HEALTH OFFICERS: Dr. Kenneth B. Romness Dr. Charles V. .Carlson Willard Bush, Deputy HUMAN RIGHTS COMISSION: Jeffrey Parsons Kate Bowers Carol Miller John Walkup Susan Walkup ALTERNATE: James Bowers Box 101, Spring Park 471-9051 Fund, Minn. 472-1144 Mound, Minn. 472-1144 Box 104, Spring Park 471-9051 2055 Dickson Ave. 471-7976 Wayzata, Minn. Box 287, Spring Park 471-9045 3810 Sunset Drive 471-8840 Box 492, Spring Park 471-8653 Box 492, Spring Park 471-8653 Box 287, Spring Park 471-9045 PLANNING COMMISSION Maurice Trask, Chairman 4567 Shoreline Dr. 471-9453 Mound, Minn. Ralph A. Nelson Box 65, Spring Park 471-9609 George Harris 3896 Sunset Drive 471-9059 Wayzata, Minn. Robert Udell 3818 Sunset Drive 471-8609 Wayzata, Minn. Sharrie A. Cossette, Secretary Box 491, Spring Park 471-7832 Howard Hodges 2429 Black Lake Road 471-9317 Mound, Minn. Clarence Dietz Box 272, Spring Park 471-9482 Ex Officio representative from Village Council: Frank Hunt, Jr. MINNEHAHA CREEK WATERSHED DISTRICT Frank Hunt, Jr. 4732 West Arm Road Mound, Minn. MINNETONKA CONSERVATION DISTRICT Lorrayne Garin 4367 Shoreline Dr. Mound, Minn. derome P. Rockvam Box 301, Spring Park WESTONKA LIBRARY 471-9379 471-8253 471-9515 Edmund Wasik 4690 West Arm Road 471-9074 Mouao, Minn. MEETINGS: DATES, TIME AND LOCATION COUNCIL MEETING: First Monday of each month except when a legalk holiday falls on that date then the day following the legal holiday. Council meets at the Village Hall, 4349 Warren Ave. at 7:30 P.M. PLANNING COMMISSION: Third Wednesday of each month at Village Hall at 7:00 P.M. HUMAN RIGHTS COMMISSION: Second Wednesday every other month at 8:00 P.M. MINNEHAHA CREEK WATERSHED DISTRICT: Third Thursday of each month at the Village Hall, Wayzata, 7:30 P.M. MINNETONKA CONSERVATION DISTRICT: Fourth Wednesday of each month at the Village Hall, Excelsior, 7:30 P.M. WESTONKA LIBRARY BOARD: Last Monday of each month at the library, 8:00 P.M. HENNEPIN COUNTY LEAGUE: First Thursday of each month, 8:00 P.M. ZIPCODES EXCELSIOR 55331 HOPKINS 55343 MOUND 55364 SPRING PARK 55384 WAYZATA 55391 3530LUTION NO. 70 - 2 A R3SOLUTION FOR TH6 ACQUISITION AND DIS?OSITTON OF LAND SHAM n H94NlIIO COUNTY AUDITORsS CLASSIFICATION LIST `6W6.V. WREF4W9 the Village Council of the Pill=ate of Spring Park, Hennepin County, Minnesota has received from the County Auditor of Hennepin County a list of lands in said village which bo. oame the oroperty of the State of Minnesota for non. payment of taffies, which said list has been designated as Classification List 106444"; and MH$88L9s Lot 99 Samuel H. Johnson's Addition, Plat 680559 Patel WO described in said list has heretofore been classified by the Board of County Conned=sioners of Hennepin County, YAMOsota as non -conservation land and the sale thereof has been authorized by said Board of Comissioners; and ikUsRSAB. Lot 5, Patteesa Hillerest Addition, Flat 6W599 Parcel 5400 In determined to be of public value in the expansion of mnnioipal water treatment facilitiese ow =mR8 En IT FmmvBD Hf[ THS VILLAGE COUNCIL OF TO VIii.ALiB OF 3PR3XQ PARR, MZMIM OTA THAlt 1. Antiag pursuant to Minnesota Statatee 282.01, Subd. 1 for 1997s that Lot 99 Samuel H. Johnson's Addition, Plat 6W559 Parcel 45M described in Classification List %44- 0 and previomly determined by the Hennepin CountF Board of Ca®dssionere u nan-oonserw.ticen land, the allsolfl"Uan and sale thereof is hereby approved• 2. fte Village Clerk is hereby authorized and dlrectsd to file +d-Mlieation by OoearMOUtal Sobdiviaian for Cazveyance of Tot Fbr- fatted Lands• insofar as Classifieation List 4644rCO pertains to Lot Ss Patteoss Hillerest Additions Plat 660599 Parcel 5000 for the purposes stated in said applic,%tione 9e the l4syor and Clerk of said village be, and hereby are, authorized to sign said application for zed an behalf of the Illlagee the question was on the adoption of the resolution and the roll bein called, there were c 7w and It; - NAYS as fonars I RESOMM ADOPTED THIS ,— e -g4i ..0 DA? OF 1970 RESOLUTION NO. 70 - 3 A RESOLUTION RECOGNIZING THE NEED FOR UNIFORM SNOWMOBILE REGULATIONS WITHIN THE MUNICIPALITIES OF HENNEPIN COUNTY. WHEREAS, the operation of snowmobiles has become a rapidly growing recreational activity throughout the State of Minnesota; and WHEREAS, the State Legislature in Minnesota Statutes 1967, Section 84.86, Subd. 1 has stated, in effect, that the public policy of the State of Minnesota shall be to achieve maximum use of snowmobiles; and WHEREAS, the incidence of snowmobile operations has increased substantially in urban areas of the State during the past few years, and in particular throughout Hennepin County; and WHEREAS, the several municipal councils have enacted variously, the regulatory ordinances deemed in the best interest of their respective municipalities; and WHEREAS, the variations among municipal ordinances within Hennepin County are difficult if not impossible to discover and interpret by snowmobile operators who plan( trips crossing several municipal boundaries; and WHEREAS, some variations may be viewed by snowmobile operators as discriminatory in nature and thus unconstitut- ional or unreasonable; and WHEREAS, such claims of unreasonableness may cause the State Legislature to pass uniform snowmobile regulations on a state-wide basis which are adverse to the metropolitan area municipalities, thus pre-empting the municipalities from con- trolling their environment; NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THAT: 1. Uniformity in snowmobile regulations throughout Hennepin County is a just and reasonable goal. 2. Qerrit D. Schmidt, Mayor, is hereby appointed as the representative of this municipality to the Ad Hoc com- mittee on Snowmobile Regulations of the League of Hennepin County Municipalities for the purpose of developing a uniform snowmobile regulation code acceptable to the muni- cipalities of Hennepin County, and for subsequent adoption by said municipalities as regulatory ordinances. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS THIRD DAY OF MARCH, 1970. ATTEST" ILLAGE CLERK VILLAGE OF SPRING PARK MAYOR'S PROCLAMATION WHEREAS, the Nineteenth Decennial Census of the United States will be conducted beginning on April 1, 1970; and WHEREAS, all the inhabitants of the Village of Spring Park are to b a enumerated in this census; and WHEREAS, the information collected in the census serves many use- ful purposes, among which are apportionment of represen- coemmi.ttes ana tneir inhabitants, allotment or certain Federal and State tax revenues and other financial aid WHEREAS, the accuracy and completeness of the census for the Village of Spring Park will determine its population rank among other communities of the country; NOW THEREFORE, I, Gerrit D. Schmidt, Mayor of the Village of Spring Park, do hereby proclaim April 1, 1970, as CENSUS DAY in the Village, and do urge all citizens to cooperate fully during the month of April with those who are charged with the responsibility of this most important work. DATED THIS TWENTY-SEVENTH DAY OF MARCH, A.D., 1970. 0' 1, j y , " / // MAYOR ATTEST: - a ILLAGE CLERK Publish one time in Westonka Sun issue of April 3, 1970 RESOLUTION NO. 70 - 4 A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A 52 FOOT STREET ON THE RIGHT OF WAY OF COUNTY ROAD NO. 15 WHEREAS, the Hennepin County Highway Department has provided plans for the construction of a 52 foot street on County Road No. 15 from the Seton Channel to the easterly boundary of the Village of Spring Park including the provision of concrete paving, curbing, parking lanes, gutters and storm drains, and WHEREAS, the County of Hennepin has requested th-: Village to participate in the cost of said develo,)went to the extent stipulated in the proposed Cooperative Agreement No. PW 32-47-69 NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK, HENNEPIN COUNTY, MINNESOTA THAT: 1. The Mayor and Clerk are hereby authorized to execute the necessary documents for and on behalf of the village contingent upon amending plans, specifications and all other pertinent instruments as follows: A. Provide a by-pass across the Seton Channel in lieu of the proposed detour through Island Park via CSAH 125. An exhaustive study of this proposal discloses that emergency vehicles for which Spring Park contracts with the Village of Mound will be delayed in reaching their destination to Spring Park thus proving detrimental to the welfare of the to )payers of the village. The detouring of traffic in the proposed manner will overburden an already hazardous route and cause an estimated delay of five to ten minutes at peak periods of traffic. Serious consideration should be given to commencing construction of the Seton Channel bridge and the resultant by- pass in early fall to minimize the inconvenience to boat traffic through the channel. Cost distribution of the by-pass to be negotiated between the County and the Villages of Mound and Spring Park. B. Assurance, in writing, by the County that the Village will be saved harmless from any claim for damages, actions \ or causes for action and from any costs or expenses of defending the same, arising out of or by reason of inadequate performance of catch basin 87 and accoutrements thereto. C. Construct a catch basin at the N,E. Corner of Interlachen Road and CSAH 15 instead of the proposed bituminous spillway which has proven inadequate in the past. D. Reconstruct the easterly access to the Marina Shopping Center, opposite Station 64 + 26 to a width of forty- eight feet. E. Provide a parking lane on the north side from Interlachen Road westerly to approximately Station 87 + 60. F. Eliminate the proposed improvement on Spring Street beyond the County Road 51 right of way. G. Install conduit for future traffic activated control lighting at the intersection with King's Road as discussed with county representatives at the time of reviewing the preliminary plans. H. Install at the J. R. Clark Co. and the Marina Shopping Center conduit to permit ':future installation of manually operated pedestrian cross -walk traffic control lights. I. Provift access to 4396 Shoreline Drive, Plat 68059, Parcel 6000 situated on the east corner of the intersection of King's Road and CSAH 15. J. Paragraph 2, Resolut_.-;, 69-27, insofar as it refers to the development of a two• `c:ne nighway, is hereby repealed. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS twenty-seventh DAY OF March 1970 "ej ,� lit �. ATTEST -VXIAGE CLERK RESOLUTION N0. 70 - S A RESOLUTION EXTENDING A MORATORIUM ON DANCE PERMITS. WHEREAS, operators of dance halls within the Village were notified in wirting on February 40 1970 of the declaration of a '4oratorium on the issuance of dance permits pending the adoption of a revised ordinanceY; and WHEREAS, on appeal, the effective date of said mora- torium was extended to March 1 to permit operators to fulfill conditions of musicians contracts; and WHEREAS, a draft of a present%-4 to February :8, and proposed amended ordinance was the Planning Commission on 1970 for study and recommendations; WHEREAS, the ramifications in updating said ordinance are found to be numerous and worthy of further 1 study to permit adoption of an ordinance not arbitrary and capricious. NOW THEREFORE BE IT RESOLVED THAT: 1. The moratorium covering the issuance of dance permits shall continue in effect until the adoption of a dance ordinance designed to govern the safety, peace and repose of the general public of the Village of Spring Park. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS TWENTY SEVENTH DAY OF MARCH, 1970. APP70VED: 4 oil MAYOR ATTEST: ,- VILLAGE CLERK RESOLUTION NO. 70-6 A RESOLUTION ADOPTING ASSESSMENT ROLIS FOR WATER EXTENSION PROJECT NO, 69-1 PURSUANT to due call and notice thereof, a regular meeting of the Village Council of the Village of Spring Park, (Minnesota was held on the sixth day of April, 1970. The following members were present: Schmidt, Hunt, Rockvam, Walton and Wasik. Councilman Rockvam introduced the following resolution: WHEREAS, Water Extension Project No. 69-1 has been accomplished pursuant to a petition by the fee owners of property hereinafter described; and WHEREAS, said petitioners have executed a waiver of rights to published and mailed notice of assessment; waiver of hearing and appeal and have consented to the spreading of assessments as herein shown NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL 1. The proposed assessment is hereby adopted and shall constitute an assessment against the lands named and each tract of land is hereby found to be benefitted in the , f the assessment levied p ♦ against it. "a 2. Said assessments shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable in -2 - 1471, and bear interest at the rate of 8% per annum on the unpaid installments. 3. Assessments are levied against the fol- lowing properties: Plat 68018, Parcel 2235 (So. � of former Weymouth Property) WATER EXTENSION LEVY $2467.16 Plat e8018, Parcel 2245 (No. k of former Weymouth Property) WATER EXTENSION LEVY $3725.16 Plat 68018, Parcel'.2140 (Formerly Trask Property Messrs. Bolliger and Eckrich fee owners) WATER EXTENSION LEVY �$4621J 3 a Plat 68058, Parcel 5050 (Coast. Entrprs. Island) WATER 'EXTENSION LEVY $12AW 4. The Village Clerk shall forthwith trans- mit to the Hennepin County Auditor a certified copy of this assessment for extension on the proper tax lists and payments for such assessments shall be collected and paid to the Village in the same manner as other municipal taxes. Motion was seconded by Councilman Hunt and upon vote the following voted in favor of adoption: Schmidt, Hunt, Rockvam, Walton and Wasik. -3- RESOLUTION ADOPTED THIS SIXTH DAY OF APRIL* 1970. RESOLUTION NO. 70 - 7 A RESOLUTION OBJECTING TO IMPOSITION OF ARBITRARY INCRESES IN PROPERTY TAXES IN THE VILLAGE OF SPRING PARK, HENNEPIN (BOUNTY, MINNESOTA. WHEREAS, the County Assessor did present despotically at the Board of Review meeting June 4, 1970 a computerized blanket 40% increase on all assessed values of res- idential property, and WHEREAS, the Village Assessor has diligently devoted his efforts toward equalizing real property assessments with local and current general market conditions, and WHEREAS, the blanket increase in assessment$ established by the County Assessor has been arbitrarily based on county wide statistics including cities of the first class without regard to characteristics peculiar to the local area and the present declining market, and WHEREAS, inequalities in taxation exist because of failure by the county to treat cities of the first class in the same manner as other municipalities except to arrive at overall county statistical basis for increased taxation in the smaller municipalities, and WHEREAS,, a substantial percentage of Spring Park real property is depreciated, professionally, by the existence of abutting railroad property from which the village derives no benefit NOW, THEREIME, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK, MINNESOTA, THAT: 1. Vigorous objections to the mandate set forth by County Assessor are hereby presented to the Hennepin County Board of Equalisation for due consideration of the facts as they are known to exist at the local level. BE IT FURTHER. RESOLVED: 1. That the County and State Boards of Equalization be and hereby are requested to direct the County Assessor to withdraw the blanket assessment dictum on real property with- in the Village of Spring Park and return the values to those realistically established by the local assessor. ADOPTED BY THE VILIl1GE COUNCIL OF THE VILIAGE OF SPRING PARK THIS 11 \ k DAY OF AUGUST, 1970. M&YOR RESOLUTION ND. 70-8 A RESOLUTION REQUESTING THE NINNESOTA MUNICIPAL CMUSSION TO CONDUCT A FEASIBILITY STUDY FOR THE MERGER OF CERTAIN MUNICIPALITIES IN THE WESTONKA AREA. WHEREAS, the Village Councils of bound and Spring Park in a joint meeting have mutually agreed to solicit the aid of the Ninn(<sota Municipal Commission in securing an impartial report relative to the feasibility of merging the two meunicipalitid and WHEREAS, it is believed prudent at this time to give con- sideration to the consolidation of all municipal- ities, or portions of municipalities within School District 277 into one municipality, and WHHR1 S, upon receipt of said feasibility reports and due consideration by the concerned councils the matter will be presented to the respective municipal constituents on a referendum ballot. NDW, THEREFORE, BE IT RESOLVED THAT: 1. That the Minnesota fnicipal Commission is hereby requested to proceed with the feasibility studies at the earliest practicable date. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS / l ^ DAY OF AUGUST, 1970. ATTES MAYOR VILUM CLERK RESOLUTION NO. 70-9 WHEREAS, the result of the second invitation to bid for patching and seal coating village streets and roads resulted in one bid from Bituminous Roadways, Inc. at the unit prices indicated in their bid proposal, and WHEREAS, it is considered to be in the best interest of of the village NOW THEREFORE BE IT RESOLVED THAT: 1. Award is hereby made to Bituminous Roadways, Inc. at the unit prices shown in the bid proposal. 2. The Mayor and Cleric are hereby authorised to execute the contract documents for and on behalf of the village. ADOPTED BY THE VILLAGE COUNCIL THIS THIRTEENTH DAY OF AUGUST, 1970. VBD• A - MAYOR RESOLUTION NO. 70-10 A RESOLUTION AUTHORIZING A TEN YEAR LOAN FOR WATER EXTENSION PROJECT No. 69-1. WHEREAS, it is in the best interest of the Village to utilize reserve funds available in the special in- vestment fund in lieu of borrowing from commercial sources for financing water service extension in ac- cordance with Project No. 69-1; and WHEREAS, the fee owners of affected property have agreed in writing to the spread of special assessments for said improvement for a period of ten consecutive years from and after January 1, 1971 at the rate of eight per cent per annum on the unpaid balance NOW THEREFORE BE IT RESOLVED THAT: 1. The Spring Park Public Utilities Fund, ac- knowledges itself to be indebted and for value received hereby promises to pay to the Spring Park Special Investment Fund the sum of twelve thousand seventy-two and 05/100 dollars ($12,072.05) commencing January 1, 1972 at the rate of seven per cent (7%) per annum on the unpaid balance. 2. Both principal and interest are payable annually from the proceeds of special assessment Levy No. 4876. 3. All acts, conditions and things required to be done, to happen, to exist and to be performed precedent to and in the issuance of this note receivable have been done, have happened, do exist and have been performed in regular and due form, time and manner as required by law. 4. The Mayor and Village Clerk are hereby author- ised to sign for and on behalf of the Village all documents incidento to this transaction. ADOPTED BY THE VILLAGE COUNCIL THIS DAY OF SEPTEMBER, 1970. APPfO ED Ji /I MAYOR ATTEST: �` CLERIC RESOLUTION NO. 70 - 11 WHEREAS, Richard and Elizabeth Bruzek, owners and operators of the Downbeat, did on institute legal proceedings against the Village of Spring Park, its Mayor and Village Council and Village Clerk as a result of the enactment of Ordinance No. 17:03; and WHEREAS, the plaintiffs allege pecuniary damages to the extent of $55,00 and an undetermined future amount of money; and WHEREAS, said Ordinance No. 17:03 was adopted only after due consideration for the peace, repose and welfare of the general public of the Village of String Park NOW THEREFORE BE IT RESOLVED THAT: 1. Ordinance No. 17:03 was enacted into law by the duly elected representatives of the populace of the Village of Spring Park without rancor or machination against the affected businesses. 2. In so doing the act was considered to be in the best interest of the general public of the village. 3. In the event of an adverse court decision all ex- penses incurred and the penalties imposed shall become an obligation of the general fund of the Village of Spring Park. ADOPTED BY THE VILLAGE COUNCIL OF THz VILLAGE OF SPRING PARK THIS EIGHTH DAY OF SEPTEMBER, 1970. 1 AP : MAYOR ATTEST: V E CLERK RESOLUTION NO. 70 - 12 A RESOLUTION ENDORSING ACTION BY THE STATE LEGISLATURE TO AMEND THE STATE CONSTITUTION, ARTICLE 1X, SECTION 1, REDEFINING SOME OF THE CATEGORIES PRESENTLY CLASSIFIED AS TAX EXEMPT. WHEREAS, the Village of Spring Park, Hennepin County is by law almost totally dependent on the property tax to finance municipal services; and WHEREAS, the Village Council is acutely aware of the burden which property taxes impose on property owners, particularly those individuals living on fixed incomes; and WHEREAS, the Village Council is not unmindful of the valuable services performed by many tax-exempt organizations, particularly religious and educational institutions; and WHEREAS, the Minnesota Legislature has thoroughly studied this problem and expressed its concern through the passage of Laws of 1969c.925, which proposes to amend Article 9 Section 1 of the Minnesota Constitution to permit the Legislature to define or limit the classes of exempt property, except churches, houses of worship and property used solely for education purposes; and WHEREAS, the Village Council believes the proposed amend- ment to be in the best interests of the Village of Spring Park and the State as a whole, and represents a reasonable means of meeting the need to more equitably spread the burden of financing local government services while at the same time avoiding imposing undue financial hardship on educational and religious institutions; NOW THEREFORE BE IT RESOLVED that the Village Council of the Village of Spring Park endorses the principles of equitable tax policy and reform exemplified in Amendment No. 1 relating to tax exempt property and urges its ratification. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS EIGHTH DAY OF SEPTEMBER, 1970. 2ATTEST: =Z4_:Zf 1_fxz�_'I^m��LMAYOR Clerk • RESOLUTION NO. 70-13 A RESOLUTION ADOPTING FIRE CONTRACT WITH THE VILLAGE OF NDUNO. WHEREAS, the Village of Mound Fire Department has submitted its 1971 Fire Contract Formula; and WHEREAS, the best interests of the Village of Spring Park will be served by continuation of service under the revised formula; NOW THEREFORE BE IT RESOLVED: 1. That said contract be renewed for the calendar year 1971. 2. That said formula is hereby adopted intoto for the sum of six thousand eight hundred ninety- six dollars ($6896.00) payable quarterly. PASSED BY THE VILLAGE COUNCI OF THE VILLAGE OF SPRING PARK, MTNNESOTA THIS DAY OF SEPTEMBEQ, 1970. N .' RESOLUTION NO. 70 - 14 A RESOLUTION ADOPTING POLICE AGREEMENT WITH THE VILLAGE OF MOUND. WHEREAS, the Village of Mound has submitted its proposal for perpetuation of the agreement covering police service for the calendar year 1971; and WHEREAS, the best interests of the Village of Spring Park will be served by the continuation of service under the existing agreement; NOW THEREFORE BE IT RESOLVED: 1. That said agreement be renewed for the calendar year 1971. 2. That said agreement is hereby adopted intoto for the sum of twenty-five thousand five hundred sixty dollars ($25,560) payable quarterly. PASSED BY THE VILLAGE COUNCIL OF THE VILLAGE OF.SP PARK, MNNESOTA AND APPROVED BY THE MAYOR THIS :���_ DAY OF SEPTW= 9 1970. A ;PVED: MAYOR RESOLUTION NO. 70-15 WHEREAS, the Village Council of the Village of Spring Park, did, on July 6, 1965 certify to the Hennepin County Auditor a levy of advalorem taxes for 1971 in the amount of $34,200 in order to insure the availability of funds at least five per cent in excess of the amounts needed to meet principal and interest for that year for Sever and Water Projects No. 63 - 1; and WHEREAS, sufficient funds are available in the Sinking Fund to meet the principal and interest due in 1971 for Bond Issue Sewer and Water project No. 63-1. NDW THEREFORE BE IT RESOLVED: 1. That the levy of advalorem taxes previously certified to the Hennepin County Auditor in the amount of $34,200.00 is hereby withdrawn. 2. That in lieu thereof, an advalorem tax in the amount of $5,183.00 is hereby levied upon all of the taxable property in the Village of Spring Park, Hennepin County, State of Minnesota, which amount is 5% in excess of the amounts needed to meet 1971 principal and interest due for said bond Issue pursuant to K.S.A. 475.61. PASSED BY THE COUNCIL OF THE VILLAGE OF SPRING PARR AND APPROVED BY THE MAYOR THIS DAY OF SEPTEMBER, 1970. ATTEST: A0 V7LLAGE CLERIC At Ltill �•cL MAYOR RESOLUTION NO. 70 - 16 AWARD BITUMINOUS SURFACING OF ROADS WHEREAS, invitation to bid No. 103-70 was advertised as by law prescribed and as a result thereof the following proposals were received, opened and publicly read by the Mayor and Clerk: Bituminous Roadways, Inc. $176435.40 Black Top Service Co. 16,068.00 Bury and Carlson, Inc. 209502.00 C. S. McCrossan, Inc. 149176.00 AND WHEREAS, C. S. McCrossan, Inc. was determined to be the low responsible bidder NOW THEREFORE BE IT RESOLVED THAT: 1. Award is hereby made to C. S. McCrossan, Inc. for performance of the contract in accordance with the plans, specifications and bid unit prices pertinent thereto. 2. The Mayor and Clerk are hereby authorised to execute the contract documents for and on be- half of the village. ATTEST: _j eleag-A ILLAGE CLERK .m APPROVED: MAYOR -. RESOLUTION ND. 70-17 A RESOLUTION REPEALING RESOLUTION N0. 69-2 AND ESTABLISHING REVISED COUNCIL MEETING DATES. BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARR THAT: 1. Resolution No. 69-2 is hereby repealed. 2. Effective with the date hereof the council shall meet regularly on the first and third Monday of each month except when such date falls on a legal holiday, whereupon the council shall meet on the day next succeeding the legal holiday. 3. The place and hour of the meeting shall be in the Village Hall at 7:30 P.M. unless due notice to the contrary shall have been served. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS FIFTH DAY OF OCTOBER, L970 ATTEST: VftLLAGE CLERK AP OVER: MAYOR RESOLUTION NO. 70 - 18 A RESOLUTION REQUESTING THE HENNEPIN COUNTY HIGHWAY DEPARTMENT TO CONDUCT A TRAFFIC SURVEY. WHEREAS, peak hour traffic is contributing to congestion at the intersection of CSAH 15 and 51; and WHEREAS, -pedestrian traffic crossing and parallel to CSAH 15 is increasing and proving hazardous. NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL THAT: 1. The Hennepin County Highway Department be and hereby is requested to conduct a traffic survey in cooperation with the Hound -Spring Park police department with a view toward determining the feasibility of installing a traffic semaphore at the aforementioned intersection. 2. The survey be conducted and the findings submitted to the Village Council at the earliest practicable date. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS FIFTH DAY OF OCTOBER, 1970. APPROVED: MAYOR ATTEST: VILLAGE CLERK RESOLUTION NO. 70 - 19 -� A RESOLUTION ADOPTING THE 1971 BUDGET BE IT RESOLVED by the Village Council of the Village of Spring Patk that the following budget for the calendar year 1971 be and hereby is adopted and that the Village Clerk is directed to certify the same to the Hennepin County Auditor on and in the form prescribed by him. ESTIMATED REVENIUE GENERAL GOVERNMENT TOTAL Property Tax 46,426 Sales Tax 81029 Debt Retirement Fund B & I 50183 TOTAL: 59,638 LICENSES AND PERMITS: Beer and set up 19040 Cigarette 132 Liquor 80200 Building 500 Trailer 18 Dance 468 Dog 220 TOTAL: 10,578 FINES AND PENALTIES: 29000 SHARED TAXES: Cigarette Tax Apportionment 19376 Liquor Tax Apportionment 10136 Hennepin County Road allocation (King's Road) 2,000 TOTAL 4,512 OTHER INC%fE: TOTAL Clerk's Fees 75 Miscellaneous 50 TOTAL: 125 TOTAL INCOME GENERAL FUND: 763,853 DEBT RETIREMENT FUND Special Assessments 599517 Bonds 6 Interest 5% Ad Val. 5,183 Interest and Earnings 12,936 TOTAL: 77,636 PUBLIC UTILITIES OPERATING FUND Operating Revenue 329000 Deter Deposits 240 Permits and Fees 75 TOTAL: 320315 ESTIMATED DISBURSEMENTS GENERAL FUND SALARIES: Village Officials 1200 Clerk -Treasurer 4908 P.B.R.A. 417 Hospitalisation Ins. 325 Assessor 900 TOTAL: ADMINISTRATIVE EXPENSES: Bonds and Insurance 100 Office Supplies 550 Postage 180 Legal Notices'. 400 Miscellaneous 1000 TOTAL: BUILDINGS AND GROUNDS MAINTENAMM: Clean 475 Supplies 50 Grounds Keeper 400 P.B.R.A. 34 Insurance 300 Telephone 325 electricity 250 Heat 600 TOTAL 7,750 29230 Im Removal of house on acquired property (70) 210 TOTAL: 2,644 CAPITAL OUTLAY, EQUIPMENT: Legal File Cabinet 110 Humidifier 125 File cabinet, portable with lock (Plan. Comm.) 75 TOTAL.: 310 PLANNING COMMISSION: 40 STREETS AND ROADS, MAINTENANCE: Lighting 2300 Insurance 325 Signs 100 Equipment Rental 500 Truck Depreciation 194 Truck Operation 130 Misc. Splys. and Services 500 Engineering 500 Legal 500 Remove Del '0 Pump House Recover 1970 Erp. 370 SALARIES: Millard Bush 2301 Luther Anderson 176 P.E.R.A. 211 SUB TOTAL: 8107 Plow and Sand 2500 TOTAL: 10,607 PUBLIC SAFETY AND WELFARE: Police Contract 25560 Criminal Attorney 1500 Workhouse 180 Fire Contract 6896 Vermin Control 300 Animal impounding and disposal 100 Direct Relief 1000 Public Health Nursing 363 Human Rights Commission 100 Solid Waste Disposal (annual clean up) 500 Civil Defense 100 TOTAL: 36,599 WESTONKA LIBRARY 0 mill) 769 Property acquisition 01359.10) k for two years 680 TOTAL: 19449 MINNETONKA CONSERVATION DISTRICT: 962 PARKS AND RECREATION, MAINTENANCE: Hennepin County Park Res. 102 Insurance 150 Salaries 760 P.E.R.A. 65 Maintenance Supplies 100 Satellites (2 for 3 mos.) 360 SUB TOTAL: 1537 Capital Outlay 2000 TOTAL: 3537 FEES AND DUES: Hennepin County League 150 League Minnesota Municipalities 142 TOTAL: 292 PROFESSIONAL SERVICES: Auditors 2500 Attorney Retainer and fee 1000 Legal fees (Bruzek '70) 1500 TOTAL: 3000 ELECTION EXPENSES: Judges Salaries 150 Supplies and Legals 100 TOTAL: 250 GRAND TOTAL GENERAL FUND: 71$670 DEBT RETIREMENT FUND Bond Principal 451000 Bond Interest 292585 Expenses 159 TOTAL: 74, 7" i UTILITIES OPERATING FUND (Not Included in Ad. Val. Taxes) SEWER: Disposal plant (Metro) 7311 Truck Operations 130 Truck Depreciation 194 Fees and Dues 54 Electricity 2000 Insurance 250 Repairs and Maintenance 750 Channel Lease 1 Professional Services 250 Office S»pplies 100 SALARIES! E. G. Patterson 1800 Willard Bush 3500 Luther Anderson 700 P.E.R.A, 295 Hospitalisation, 1/2 325 TOTAL: e 17,660 WATER: Fees and Dues 100 Truck Operations 130 Truck Depreciation 194 Electricity 750 Insurance 600 Clean vatersphere (contract) 450 Office Supplies 150 Professional Services 250 Pull Pump 650 Chemicals 170 SALARIES: E. G. Patterson 1800 Willard Bush 2650 Luther Anderson S41 P.E.R.A. 425 Hospitalisation, 325 MTAL : 9,185 CAPITAL OUTLAY: Electric Drill, 1/2" 75 Vices, 4' and 6" 80 Fischer Water level Indic. 85 Meter Tester 90 Ceiling in Pump House 85 Fluoridation Equip. 950 Installation 350 Hach test equipment for fluoridation 275 TOTAL: 19990 GRAM TOTAL: UTILITIES OPERATING FUND: 289835 ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS FIFTH LLAY OF OCTOBER, 1970 APP�tQ�/ED : �T MAYOR ATTEST: Ze LIAGB CLERK RESOLUTION NO. 70 - 20 A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCILMAN EDMUND WASIK, WHEREAS, Councilman Edmund Wasik has submitted his resignation effective September 1, 1970 because of removal from the village. NOW THEREFORE BE IT RESOLVED: 1. That a vacancy exists on the Village Council for the unexpired term of Mr. Wasik. 2. That an appointment shall be made at the earliest practicable date to fill this vacancy to December 31, 1970. ADOPTED BY THE VILLAGE COUNCIL THIS EIGHTH DAY OF SEPTEMBER, 1970. PROVED: /� MAYOR RESOLUTION NO. 70 - 21 A RESOLUTION ACCEPTING THE RESIGNATION OF COUNCIU81AN FREDERICK WALTON. WHEREAS, Councilman Frederick Walton has submitted his resignation effective with the date hereof because of removal from the village. NOW THEREFORE BE IT RESOLVED: 1. That a vacancy exists on the Village Council for the unexpired term of Mr. Walton. 2. That an appointment shall be made at the earliest practicable date to fill this vacancy through December 31, 1971. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS FIFTH DAY OF OCTOBER, 1970. ATTEST: VI GE CLERK .s PROVED: e MAYOR -o. RESOLUTION NO. 70 - 22 WHEREAS, Andor Skaret volunteered his services to fill the unexpired term of Edmund Wasik, resigned; and WHEREAS, Mr. Skaret has been determined to be qualified to serve in the capacity of councilman. NOW THEREFORE BE IT RESOLVED THAT: 1. Andor Skaret be and hereby is appointed to the office of councilman through December 31, 1970 to fill the unexpired term of Edmund Wasik. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS FIFTH DAY OF OCTOBER, 1970. x APPROVED: RESOLUTION NO. 70 - 23 WHEREAS, Councilman, Fred Walton, submitted his resignation effective with the close of business for the October S meeting; and WHEREAS, Mr. Robert D. Udell, representative to the Planning Commission, has been determined to be qualified to serve in the capacity of councilman to fill the unexpired term of Mr. Walton. NOW THEREFORE BE IT RESOLVED THAT: 1. Robert D. Udell be and hereby is appointed to the office of councilman through December 31, 1971 to fill the unexpired term of Mr. Walton. ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF SPRING PARK THIS SECOND DAY OF MVEMBER, 1970. APPROVED: 1 Z'GL !Z MAYOR ATTEST: Y CT RESOLUTION NO. 70-24 -~ A RESOLUTION SETTLING CLAIM OF MacWILLIAMS CONSTRUCTION CO., INC. WHEREAS, Maciililliams Construction Co., Inc., Long Lake, did on January 24, 1968 initiate court proceedings in Hennepin County District Court, Fourth Judicial District, naming the Village of Spring Park and Johnson Brothers, Highway and Heavy Constructors, Inc. as defendants and alleging monies due in the amount of $57,633.55 plus accrued interest; and WHEREAS, trial by jury was conducted from October 14 to the 23rd. on which date the jury retired and deliberated until October 26, at which time a special verdict, file No. 647438, was rendered awarding the plain- tiff the sum of $10,795.44 plus accrued interest payable by defendant Village of Spring Park; and WHEREAS, the Village Attorney with the authorization of the Village Council, negotiated the interest charges with the plaintif's attorney to arrive at a final settlement of $13,000 principal and accrued interest; and WHEREAS, funds are available in the Sewer and Water Construction :hind to liquidate this obligation NOW THEREFORE BE IT RESOLVED THAT: 1. The Mayor and Clerk be and hereby are authorized to sign for and on behalf of the Village that ceetain stipulation dated November 16, 1970 for Satisfaction of Judgement in theamount of $13,000 intoto. 2. That check No. 4211 in the amount of $13,000 be issued to Russell Sorenson, attorney for MacWilliams Construction Co., . 3. That check No. 2278 (1967) in the amount of $706.94 be and hereby is declared void. ADOPTED BY THE VILLAGE COUNCIL THIS SIXTEENTH DAY OF NnVDfBER, 1970. ATTEST: /VILIAGE CLERK AP- '!"Z' '� - 1�1!1 - MAY OR RESOLUTION NO. 70-25 Councilman Rockvam offered the following resolution: BE IT RESOLVED, That the Contract heretofore submitted, signed and executed by the Suburban Hennepin County Relief Board of the County of Hennepin for and dureing the year 1967 for the administration and supervision of poor relief in the Village of Spring Park be, and the same is hereby accepted, approved, renewed and extended for and during the year 1971 with the same force and effect as though said original Contract, above described, were redated and resigned and executed as of the date hereof. The question was on the adoption of the Resolution, and a roll being called there were four yeas and No. 1 _ nays, as follows: And so the Resolution was adopted. I certify that the above is a true and corre-t copy of a Resolution passed by the Council of the Village of Spring Park, Minnesota, at its regular meeting held on the seventh day of December, 1970 CLERK RESOLUTION NO. 70-26 A RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNSPIN COUNTY NUMING DISTRICT Mr. Rockvam introduced the following resolution and moved itts adoptions YiRIMAS, pursuant to Minnesota Statutes, Section 145.08 and 143.12, provision has been made for a public health nursing district In that portion of Hennepin County outside the City of Minneapolis, and WHEREAS, pursuant to such authority such a public health nursing district has been organised and has been'3n operation for several years, and WHEREAS, it is deemed necessary to continue the operation of such nursing district and to provide it with adequate hinds for its proper operation Nov, MORE. BB IT RESOLVED BY THE GOVERNING BODY OF that this political subdivision town, village or city continue to be included in the public health nursing district of Suburban Hennepin County, organised on January 4, 1932; that it participate in the benefits thereof; and that it agrees to support on an apportionment basis its pro rata share of the cost of the administration of such district provided, however, that for the period of January 1, 1971 through December 31, 1971, this cost shall not exceed 34C per carita on the basis of the last official census. BB IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to continue to participate in such nursing district on the basis hereinbefore specifiod with all other political subdivisions adopting similar resolutions. The motion for adoption of the foregoing resolution was secordad by Mr. Hunt Upon roll call there were -4 yeas anai_,_nays: Y_ Four Fa s No I, E_G;,Patterson _, Clerk of the village of Spring Park town, city or village hereby certify that the above is true c y of a resolution adopted by the governing body ofNillage o Spring ark to an official meeting at Soring Park , on nae m er 7, 1970 town, city or village (Signed) Clerk 9/70 RESOLUTION N10. 70-27 -IN A RESOLUTION DIRECTING THE FLUORIDATION OF MUNICIPAL WATER. WHEREAS, M.S.A. 144.145, Laws 1967, Chapter 603 imposes compulsory fluoridation of all municipal water supplies in the State of Minnesota; and WHEREAS, the Village Council along with lobbying opponents did by Resolution No. 69-4 memorialize the sixty- sixth state legislature to repeal said statute; and WHEREAS, the State Board of Health threatens litigation to enforce the law NOW THEREFORE BE IT RESOLVED THAT: 1. The Village Council, reluctantly, but to comply with the law, directs the installation of operable fluoridation equipment in accordance with plans and specifications previously approved by the State Board of Health. 2. Being aa: of the fact that there are those within the village who have been medically cautioned thrt fluoridated water is not compatible with other medications prescribed the Village Clerk is hereby directed to give broad coverage news releases prior to the date fluoride is introduced into the public water system. ADOPTED BY THE VILLAGE COUNCIL THIS SEVENTH DAY OF DECEMBER, L970. APPRO}/ED 4c, MAYOR ATTEST: "0— ,� ILLAGE CLERK AGENDA REGULAR MEETING JANUARY 5, 1970 ROLL CALL: L. Minutes Special Fleeting December 30, 1969 2. Appointments - 1970 Acting Mayor Commissioners: Police Utilities (Sewer, hater, Streets) Parks d Recreation??? To Planning Commission? Weed Inspector Building Inspector Health Cfficer Attornies Engineers Auditors League Delegates: Hennepin County League Minnetonka League Alternates Minehaha Creek Watershed District Human Rights Commission - ore more member Police Commission - Two Planning Commission - Make Howard dodges reappointment official retroactive to January 1, 1969 Additional members Official Depositary Official Newspaper Signatories for safe deposit box and checks. 3. Snowmobile Ordinance 4, Fishouse Ordinance 5. Proposed sign ordinance 6. Enforce committment of Zollie 8aratz (see minutes June 2, 1969) re defraying costs of engineers feasibility report for re- locating access read to West Arm road in the event his pro- posal did not materialize. 7. Council suggestions for re -furbishing interior of village hall. Direct invitation to bid. .8. Minutes Planning commission -- Summary of 1969 meetings. 9. Invoices for payment 10. Letter Commendation to Grant Swanson 11. Tranquilizer Gun for police 12. Comments re CSAH 15. MINUTES REGULAR MEETING JANUARY 5, 1970 ROLL :ALL: Schmide, Hunt, Rockvam and Walton present. Notion by Rockvam, second by Walton approved minutes of Special Meeting December 30, 1969. Appointments per attached list adopted. Action deferred on Park Board appointment and in- Corporating activity into that of the Planning Commis- sion until Mr. Wasik is present for di.cussion. Action deferred on appointment to Minnetonka League pending !nvestigation of its activities and disposition of funds. Motion by Walton, second by Hunt adopted Ordinance No.. 5:05, Snowmobiles. k Deferred action on Fish House Ordinance. Motion by Rockvam, second by Walton authorized en- forcement of personal committment of Zollie Baratz to defray costs of engineers feasibility reports for the relocation of West Arm Road We,z' (See minutes June 2,1969). Discussed the prog:P_-s of plans for refurbishing village Kill. Read 1969 minutes and swmmary of Planning Commission activities. Directed that a letttr of commendation be sent to the co®ission. Authorized the expenditure of a wanimum of $23.00 for individual formal awards for outstanding service to the village. Initial award to go to former councilman Grant Swanson. Discussed the use by the polic- department of trar.- quilizer guns for the humane capture of animals which are found to be jeopardizing humans or other animals. No action. Discussed again plans for CSAH 15. Reviewed mandatory January installation of fluori- dation equipment. It was reiterated that this amounts to imposing compulsory medication on the masses. in- asmuch as the plans for the installation have been ap- proved by the State Board of Health the conclusion was that installation will be made from utilities operating revenue when available. Village attorney presented December 10, 1969 letter from Charles P. Carroll, attorney for Dorothy A. O'Brien, requesting authorization to connect to the Spring Park sewer and water systems. The various ramifications Were discussed, among which was approval by the Village of Orono where the property is situated; approval by the Village of Mound for sewer use; con- nection charges, easements, engineering and legal fees. Motion by Hunt, second by Walton agreed that a petition will be entertained for the extension of the services beyond the village limits conditioned that legal, engineering, construction and other incidental expenses will be the exclusive responsibility of the petitioner. Inv -.ices per attached list approve for yment. t' cJ IUAGE CLERIC APPOINTMENTS 1970 Acting Mayor -- Edmund Wasik Police Committee in accordance with agreement: Gerrit Schmidt Edmund Was ik Utilities Commislioner -- Fred Walton Parks and Recreation -- Incorporated in Planning Commission program. Weed Inspector -- J. P. Rockvam Building Inspector -- Lawrence Brakke Civil Defense Director -- E. G. Patterscn Health Officers -- Drs. Romness and Carlson Deputy -- Willard Bush Attornies: Civil Allan Quello Criminal Gary Phleger Engineers Schoell and Madson, Inc. Auditors M. J. Long Co. Library Board Edmund Wasik League Delegates: Hennepin County League -- Gerrit Schmidt Minnehaha Creek Watershed -- Frank Hunt Official Depositary -- First National Bank Navarre Official Newspaper -- Westonka Sun B HUMAN RIGHTS COMMISSION NVW APPOINTEES John Walkup Susan Walkup Mrs, James Bowers Alternate James Bowers PLANNING COMMISSION Howard Hodges -- retroactive to January 1, 1969 Clarence Dietz #k.' INVEICES FOR PAYMENT JANIUARY ,6, 1970 1. Lawrence 8rakke, Bluge Inspector fee Bale due 106.39 Check 3736 calculated 2/3 of 767e75=525.17 Should be 2/3 of 947.35 =631.56 2. Minneapolis Gas Co. 85e03 3. Village of Mound - Fire Cotit 1205.05 Police Cont. 5450,00 6655e05 4e Spring Park Hdde 1.83 5. Spring Park Spur 31.98 G. Marine Auto Supply 10e55 7, Tri State Orilling, Lift repair parts 527.20 Be Westonka Sales Coe, Tractor, Blower, Flower 121�: 8637e83 DEBT RETIREMENT First National BaAk Ste Paul Principal 45,000,00 Interest 150220.00 Bank Chgse 94.30 609314,30 0 � MINUTES SPECIAL MEETING JANUARY 27, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. Representinb the engineers - Clarence Leer. This special meeting was held after due call and notice for the purpose of reviewing the final plans for construction of the proposed CSAH 15 as submitted by Mr. Don Spielman on January 19. Among other mat ters discussed was the financing of the project in the face of the existing bond market. Referred to the attorney for an opinion by February 2 meeting the proposed agreement between the Village and Hennepin County Highway Department for the construction project. Motion by Wasik, second by Rockvam directed clerk to arrange meeting with the Mound village council at the earliest practicable date for the purpose of a joint reviewal of the project. Mr. Bush presente d bids for trucks under the joint purchasing agreement with Hennepin County. Discussed the feasibility of the new plastic body versus all steel. Directed investi3ation of in- surability of the plastic body for presentation at February 2 meeting. Mayor to personally examine truck body at manufacturer*s plant. Discussed with Mr. Quello, attorney, the problems being en- countered by lack of communication between his office and village officials. The fact was emphasised that this was in no manner to be construrd as an intimidation of the attorney, but rather an effort to better coordinate village activities. Mrs. Jennie McEvoy, who had requested to be placed on the agenda, did not appear in time to present preliminary plans for the con- version of Rick"s Four Seasons Building and possible extension to the old village liquor store property to a small motel. Robert Burak, representing Mrs. McEvoy, stated that the intent was to affiliate with a reputable national chain of motels. Council directed that the matter should go through regular channels to the Planning Commission. Clerk directed to arrange special meeting with Mr. Brakke, Assessor, to review ad valorem tax structure. LLAGE CLERK ki • AGENM '= RE( :.AIt MEETING FEI,RUARI 1970 7 :30 P.M. !LOLL CALL: Minto os meeti`.i-, January 5 .lanualry 27 Ordinanee No. i9:07 - Adopting, revised Minnesota Plumbing- Cade. Formmlly appoint attorney retroactive to January 1. V4. Minutes Plann_-i-, Commission. ( ).-N deport on Human itic►hts commission. J 6 Pollution I.ontrol Ag;enev holding, public hearing February 25, I(+ A.M. , State 4oard of 1ealth Building, 717 Delaware St., S.E. asking; for amendments to air pollution control regulations among which is clarification of the existing; six month exemption. — V/ . J. 3. 5. 6. 7. 8. 9 8 :00 P.M. R. Clark Co. - Represented by Thomas Mullaney, new president (Clerk will introduce to council) t- off/ Pro longue by mayor . 0_'d g, street parking; - pedestrian crossing. Air pollution - smoke and gaseous fumes. Orderly outside storage. Winter drainage across Spring; Stree'-. Water pollution West Arm 11ay. Fill Septic Tanks. Inordinate number of fire calls during; 1969 - mostly 'else alarms. Construction of $200,000 building on public land vacated. Bihlio�zraphy - Minutes 10/2/67, 10/16/67, 11/6.167, lli20/67, f /5!eb, 8/19/68, 7/23/68,9/26/68, 9/30/6t, 11/4/68,11/18; 68. nrdinonve No. 19:06 - Signs. i•.ivoiecs f,)r payment. Dance application Millie"s Tavern. '! /V aZCr ��• ��' _� Arrangements have beeii made with assessor for meeting 7:30 P.M. � FebrI.ia ry 16. ( = 'irl-i':if:, n. *I tin" rc%- s•Inin..- on reinvestment of funds: Interest earned on C.D.s cashed Reinvested as follows at 7�%: Debt Rc t i remen t l'und Genc.•rri 1 Fund Construction Fund Public Utilities Operating; Fund J I"- i Plastic Truck Report Body. - $12,625.17 172,476.94 15,314.87 2?,896.11 7,541.68 1-18,229.60 MINUTES REGULAR MEETING FEBRUARY 2, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. Motion by Rockvam, second by Hunt approved minutes of January 5 meeting. Motion by Hunt, second by Walton approved minutes of January 27 meeting. Motion by Rockvam, second by Walton adopted Ordinance No. 19:07, Revised Minnesota Plumbing Code. Discussed with attorney Quello fee arrangement. He to keep time table to arrive at equitable rate per hour for legal work in excess of retainer. Reviewed minutes of Planning Co®ission activity. Reviewed minutes of Boman Rights Commission, Announced February 25 Public Hearing of PCA asking for amendments to air pollution control regulations among which will be clarification of existing municipal six month exemption. Recognized representatives of the J. R. Clark Co. comprised of Thomas Mullaney, president; John Kloster, controller; and Fred Gratis, operations manager who appeared on request of the council in an effort to re- concile company's failure to meet established agreements and regulations of the village including: 1. Construction of a $200,000 building on vacated public streets in accordance with Resolution no. 68-12. 2. Off street parking - pedestrian crossing. 3. Air pollution - smoke and gaseous fumes. 4. Orderly outside storage. 5. Winter drainage across Spring street. 6. Coolant waters directed into West Arm Bay by culvert causing pollution. 7. Septic tanks in park area not filled with granular material. (Bibliography of applicable minutes) 10/3/674 10/16/67. 11/6/679 11/20/679 9/5/689 8/19/686 9/23/689 9/26/689 9/30/688 11/4/68 and 11/18/68. Mr. Mullaney requested and was granted an adjournment to 7:30 P.M., February 23 to give the company time to examine the points in question and present intelligible answers. Ordinance No. 19:06, Signs, referred to Planning Commission for recommendations. Motion by Wasik, second by Rockvam approved for payment invoices per attached list. Denied dance permit to Ray Borgens for Millie's Tavern. Directed clerk to refund fee paid. Motion by Wasik, second by Walton directed clerk to notify all dance hall operators that a moratorium has been declared on the issuance of dance permits pending adoption of a revised dance ordinance. Set 7:30 P.M., February 16 for meeting with assessor to review local procedures of arriving at assessed valuations because of adverse news releases on taxation. Clerk reported reinvestment of funds as follows: Interest earned on CDs cashed 12,625.17 Reinvested for one year at 7�%: Debt Retirement Fund 1720476.94 General Fund 159314.87 Construction Fund 220896.11 Public Utilities Operating Fund 7,541,68 2180229.60 Motion by Walton, second by Wasik postponed from March 2 to March 3 regular council meeting to permit attendance at meeting called by the Village of Orono relative to CSAH 15 improvement. Clerk directed to publish official notice of change. Pursued merits of plastic body for utilities truck. Mayor and Utilities Superintendent to conduct further in- vestigations. Approved contingent upon their satisfaction as to merits over steel body. Motion by Rockvam, second by Wasik recommended that attorney Carroll pursue the annexation of Dorothy O'Brian property to Spring Park to permit sewer and Water connection. Clerk directed to so inform attorney and client. Motion by Wasik, second of trailer permit for Virgil by Rockvam approved exjtension Redwing for ninety days. INVOICES FOR PAYMENT FEBRUARY 2, 1970 1. Chuck's Hdw. 7.92 2. Western Concrete Products, Dec. plow and sand 599.00 3. Village of Mound, Dance Police, Nov. & Dec. 280.00 4. Barbara Heyman, mimeo 9.00 5. M. J. Long Co., December statement 87.00 6. Waren Cook Chemical, water treatment chemical 93.00 7. Blesi-Evans, li.X repair parts 84.90 8. Royfax CL-no service copier 42.25 9. Sun Newspapers, Ordinance No. 5:05 35.10 10. Transport Clearings, freight 12.28 11. Gopher State Exterminating, Dec. & Jan. 50.00 12. Royal Typewriter Co., 16" electric 320.50 13. Fischer -Porter, lift graphs 31.45 14. Suburban Henn. Co. Relief 202.80 15. Haugen, Quello, Criminal Retainer, Jan.&Feb. 200.00 October account for MacWilliams submitted for first time. 473.80 16. Spur Station 17. N.W. Bell Telephone 18. N.S.P.Co. 15.45 25.50 B&G 19.92 Lifts 141.99 Pumps 56.88 S&R 161.20 379.99 2,9+-399T February 39 1970 Informal discussion with Mound Officials relative to construction of CSAH 15. Present for Spring Park: Schmidt Hunt Rockvam Walton Wasik Patterson Bush Leer Present for Mound: Fenstad Andreason Kopp Informal discussion February 9, 1970 Present: Schmidt, Rockvam, Hunt, Leer TO: Councils of Mound, Hinnetrista, Spring Park, itd Orono FWM: Ralph H. Martin, Village Administrator of Orono OATS: February 1% 1970 SLSJSCT: Special Joint Meeting - February 21, 1970 at 1:30 P.N. The Orono, Mound, Minnetrista, and Spring Park Village Councils will hold a special joint meeting on Saturday, February 21, 1970 at 1:30 P.M. at the Spring Park Village Office. (Tern at J. R. Clark Company and the office is'just under the rater tower). The purpose of the meeting is to discuss the agenda and exchanideas prior to the public meeting of March 2, 1970 an County Road tlge and ring routes around Lake Minnetonka. MINUTES SPECIAL MEETING FEBRUARY 16, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. Th+.s special meeting was called to hear Ray Ploetz and Charles Carroll, attorneys pleading for the cause of their client, Ray Borgens, despite the moratorium declared on the issuance of dance permits on February 2. It was pointed out that the applicant had already contracted for musicians and that the moratorium would impose a hardship on the applicant in view of the fact that no notice had been given prior to the deadline set for submission of applications. It was also stated that if the ban on dancing for this application was not lifted they may be compelled to seek a mandatory injunction through the courts. The discussion evolved to the parking situation in the area and special police problems in the establishment. It was the consensus of opinion that there was a lack of commmication between the police and the operator. Mr. Borgens also stated that he had obtained permission to use the area in the rear of the Golden Horn Cafe for parking an estimated twenty cars for the period of the permit. In view of the policing problem being experienced it was agreed at the suggestion of the applicant that two special police officers would be assigned on the dates on which February dances are caaducted. The attorneys also agreed to furnish a disclaimer in writing. Motion by Rockvam, second by Wasik to defer the effective date of the moratorium to March 1 and grant the February to the applicant. YXLIAGE CLERK MINUTES SPECIAL MEETING FEBRUARY 160 1970 ROLL CALL: Schmidt, Hunt, Walton, Wasik, (Rockvam 7:45) This special meeting with the assessor, Lawrencd Brakke, was called ostensibly to review and discuss pro- cedures being used in the village for arriving at assessed valuations of personal and real: property, particularly since the State Commissioner of Taxation has recommended a 60% blanket increase. It was determined that the assessor was adhering to procedures established by State Statute and regulatiors of the Hennepin Coghty Assessor. At one point in the discussion it was suggested that representatives from the State Tax Commissioner's office be invited to sit down with the council and assessor and examine individual cases to determine if any inequities exist in the appraisal of village property, as arbitrarily arrived at by that office. It was concluded, however, that a united county wide approach through the Hennepin County League will probably be more beneficial. Mayor to instigate action with the league. T M r MINUTES SPECIAL MEETING FEBRUARY 23, 1970 ROLL CALL: Schmidt, Walton, Hunt present. This meeting was adjourned from that of February 2 to permit officials of the J. R. Clark Co. to examine and assist in arriving at solutions to problems with which the village and the company are mutually confronted. Present for the company was Thomas Mullaney, president; Fred Gratis, operations manager; John Kloster, comptroller and Walter Graff, attorney. Mr. Mullaney prefaced the session by stating that, he as a new official of the company, had not the opportunity to investigate thoroughly and arrive at solutions to the prob- lems with which they had been confronted. Tonight he could only speak in generalities and trust that the council will cooperate, as is the intent of the company, to encourage good public relations. The company has employed outside consultants to develop overall plans for the projected future of their operation. IT94 I: Construction of Warehouse - Internal problems of the company as to distribution of manufacturing within its corporate divisions presented a problem at this time. Original negotiations with Andor Skaret, party to vacation proceedings for portions of Interlachen Road and Warren Avenue, could not be feasibly developed becuase of conflict- ing terms. As a result the company divested itself, by sale, of a portion of the public property vacated to recover sane of the expenses involved in the pursuit of accomplishing the project. Mr. Graff has subsequently found through a torrance examiner that portions of the public streets vacated were acquired by the village by deed and that despite the vacation the property is still that of the villagelby fee title. That it appeared that any public liability will be the joint responsibility of the village and the company. ITEK II: Off Street Parking: This is of concern to the company and efforts will be made to solve this problem through their consultants. ITO III - Winter Drainage from Building on to Public Streets. Source has been found from roof drainage and will be corrected. ITEM IV - Pedestrian Crossings. Conferences with Chief of Police indicated that he could possibly persuade the county to perpetuate the upkeep of painted crosswalks. The chief had recommended the employment of special traffic • officers at closing time for the daytime shift to al- leviate the congestion and avert accidents. An officer can be employed at the present wage scale at $10.00 per hour. t It was also recommended that the council adopt a "Jay Walking Ordinance" applicable only when a uniformed officer is on duty to assist in controlling the flagrant abusers. The chief had also suggested that the three large corporations in the area, Advunce Machine, J. R. Clark and Tonka Toys, by mutual agreement, stagger their quitting times to minimise traffic congestion on the highway. Company agreed to conduct a survey of employees to de- termine the number of cars merging fro® their factory at 4:30 P.H. This to be prepared by March 18 for presentation to the Planning Commission. ITEM V: Orderly Outside Storage - Company concurred in the disorderly appearance of outside storage of supplies and materials. Agreed to take corrective action in the spring as soon as ground will permit the use of heavy equipment. ITEM VI: Filling of Septic Tanks in Park Area - To be accomplished in the spring when ground conditions will permit. ITEM[ VII: Pollution - A recirculating system of coolant waters from machinery is being installed and the effluent will no longer be discharged into West Arm Bay in conformity with PCA regulations. They have discontinued the burning of trash which caused the emission of heavy ash content and malodorous smoke from the chimney. Trash is now being hauled away by commerfial disposers. The company has employed the services of Konki and Associates to solve the problem of acrid odors being ex- hausted as solvent vapors from paint operation. On motion by Walton, second by Hunt an extension of time to September 1, 1970 was granted for commencement of the warehouse construction; provided that in the interim the village and company attorney determine the legality of the vacation in view of the stated conditions and provided that the J. R. Clark Co. install barricades and signs at their expense as follows: F� 1. Warren Avenue- at westerly terminus of vacation a barricade across avenue and sign indicating :CClosed to through traffic." 2. Interlachen Road and CSAH 15 sign "Closed to through traffic." & a QdI VILLAGE CLERK �.. MINUTES PUBLIC HEARING FEBRUARY 28, 1970 9 :00 A.am ROLL CALL: Schmidt, Hunt, Rockvam, Wasik and Walton present. Mrs. Elizabeth Bruzek, licensee the Downbeat, and her attorney, Raymond Ploetz, were present to show cause why the non-ontoxicating malt beverage, on and off -sale, and the consumption and display of intoxicating liquor (set-up) licenses should not be suspended or revoked. Mr. Phleger was called on to cite the laws governing the closing hours of establishments so licensed. Chief Wilson summarized 1969 and '70 verbal warnings given all tavern operators in an endeavor to bring about compliance with the spirit of the law.Zhe police logs indicated that as recently as February 6 officer Tharalson had warned Thous Jerdee, bartender, about closing at 1:00 A.M. That on the night of February 14 at 1:25 A.M. Tharalson again warned Thomas Jerdee, The Tavern was vacated, but at approximately 3:25 A.M. officers Schoenhofen and Hendricks returned to the area on a routine check and observed pepple within the tavern. A knocking at the locked door was responded to and entrance gained. The blance of the chiefs testimony con- sisted of reciting the police log, copy of which is attached. Mr. Ploetz admitted to violation of the &pws, but considered the situation not quite as extreme as represented by the police reports; that Mrs. Hruzek was relatively new in the business and was probably not familiar with the laws. Be also claimed lack of communication between the law en- forcement bodies of the village, at which point the Mayor interjected the annual invitation sent to tavern operators to attend symposiums to jointly discuss and correct problems. Mrs. Bruzek stated that she had gone to the tavern to work on the books and to arrange for a temporary bartender to permit other of the employees time off to participate in a planned snowmobile party. Mr. Teeter stated that he had closed at 1:25 A.M. and along with others, went to the Pizza Platter at Minnetonka Plaza, Excelsior, to eat. ;They returned at approximately 3 :00 A.M. The Mabtor called for further discussion from anyone concerned. There being none and on motion by Walton, second by Rockvam the hearing was adjourned to give the council the opportunity to consider the facts as presented. POLICE DEPARTMENT Mound, Mirmsecta Complaint No_ Complaint Report Nature of Complaint Open after hours Location Downbeat Reporter; by Officer Hpndricfs and Schoenhofen Ad4ress Mound Police Dept. Phone No. Complainant same Address Phone No. Report Received by Hendricks & Schoenhofen How Received in person Date Reported 2/lb/70 Time Reported 3:25 a.m. DETAILS OF COMPLALYT t:iiile Officer feendricks and Schoenhofen wore checking doors in Spring Park, we drove by the downbeat and observed several people standing, at the south end of ,he Lar and around the serving, bar. We backed up and several of the people ducked cows. at.tenptinp to hide. At this time, myself and Officer Schoenhofen, went to fltet moor to Pain entrance. The door was locked. We rapped on the door. One of the bartenders who worked that night, Thomas Jerdee, let us in. We walked down where the people were and talked to the owner, Lis Bruaak. We informed her she could not drink or display liquor after hours on the bar. I confiscated a half -full pint bottle of vodka. Mrs. U-1zak had vodka sour drink which I informedher I wanted NJ Fotived out. John Mullen, another of the bartenders, stood there with a beer in his 0 1,arxi z; uid le T was talking and took a drink out of the beer. I informed him that he � was not supposed to be drinking_ after hours. At this time I observed somone hack in the corner.TETiqts� two parties came out. The}• were Pat Furlong and another part-OQ time hartender� ki informed Mrs.Bruzak that Mr. Furlong, as far as I knew, did not O nave any connection with the establishment and I informed her and him that he was ��nn to leave imnedlately and because U the rest of the people were employees T remestetO that they leave. Officers Schoenhofen and myself observed in the imr:ediate area wr ere the people were standi nei five empty and partially full beer bottles and two partia-ly full beer glasses. At 3!h5 a.m. I stopped at Officer Tharalson's residence. He told me earlier that he had closed up the Downbeat at 1:25 a.m. When I arrived at hL -'souse, I asked him if when he left the Downbeat there was artyone in the est- ablisty nt. He stated that Thomas Jerdee and John Mullen were just finishing counting the ca:.h and they stated to him that they would be out of the establishment within five minutes. He infbreaedthem that he wanted the doom locked imrediately so no one else coild Fain entrance. At this time Thomas Jerdee left and locked the doer. Officers Assigned; Action Completed: Case (::el v No. Officer Hendricks signed ki MINUTES SPECIAL MEETING FEBRUARY 28, 1970 10:15 A.M. ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. This special meeting was called upon unanimous accord by the council to act on the case of Elizabeth Bruzek, licensee the Downbeat. On motion by Walton, second by Hunt, unanimously passed, that the non -intoxicating beverage licenses, on and off sale, and the display and consumption of intoxicating liquor license (set -up)" -of the licensee be suspended for not to exceed sixty days retroactive to February 19 the date of service of notice of hearing. On motion by Wasik, second by Rockvam, unanimously carried, directed attorney to initiate formal complaint against licensee in Municipal Court for violation of after hours laws. AG ENQA R"ISTPONED MEETING MARCH 2, 1970 March 3, 1970 J c 101.L CAU : 1. Mayor present letter of and commendation award to Grant Simnson, 3 2. Emotes (copies not available at this time). " tfu tegulnr meeting Febaty 2 v Special meeting February 16 v n Special meeting February 16 Special meeting February 2 j q/f d!�i�ta"Ou I'uhl is H rin F brua 2 16-- g e ailSpecial meeting February 28 �a�tAtta � S..,3. Resolution No. 70-2 - Ac is io Disposition of Tax Delinquent Land.��! 'a. Advance Machine Co.,pS ng on Commer all zoned property adjacent to residential property. Mrs. Carl Widmer.. S. N ieation for manhole Estimate . vf. Police Report January. Posting seasonal load limits. Resolution No. 70-1 Letter Metro Council. (Clerk) 9. Solid Waste Disposal Leaves, etc. at spring clean-up time (Clerk) Garbage Collection Tiie`,overall project appears to be a good subject for the ann ng o®ais$ion. J°;� W a 10. Ktnut?s February 18 Planning Commission meeting. Berm. f r—X/2. Auxhok�=!_;purchase of Directory of Minnesota Municipei Off ciaf&' $4.00. t/43. Invoices for payment. 14.. Attorpey re findings about vacation of I`aterlachen and Varren Aveaue, MINUTES RDGULAR MEETING MARCH 3, 1970 POSTPONED FROM MARCH 2, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, and Walton present. The Mayor presented to Grant Swanson, former councilman, a letter of commendation and plaque for distinguished service to the community. Motion by Hunt, second by Rockvam approved minutes of February 2 meeting. Motion by Walton, second by Rockvam approved minutes of special meeting February 16. Motion by Hunt, second by Rockvam approved minutes second special meeting February 16. Motion by Walton, second by Hunt approved minutes appmomd of special meeting February 23. Motion by Rockvam, second by Hunt approved minutes of public hearing February 28 contingent upon making a copy of the police report a part thereof. Motion by Walton, second by Hunt approved minutes of special meeting February 28. Motion by Rockvam, second by Walton adopted Resolution 70-2, Acquisition and Disposition of Tax Delinquent Land. On grievance of Mrs. Carl Widmer directed Utilities. - Superintendent to post 10 MPH signs on crossing to WArm Road E. to ease traffic hazard caused by Advance Machine employees. Reviewed January police report. Motion by Rockvam, second by Hunt adopted Resolution 70-1, Seasonal Load Limits. Discussed solid waste disposal for the village in relation to county, metro and state planning. Councilman aft Hunt and Planning Commission member Ralph Nelson volunteered to attend the March 5 meeting on subject and report back. Referred to Planning Coumiission the drafting of a jay- walking ordinance intended to be effective during factory closing hours and while a traffic officer is on duty. Read minutes February 18 Planning Commission meeting. Took under advisement the renewed request for a hike - bike berm adjacent to CSAH 15. Motion by Rockvam, second by Hunt approved for payment invoices per attached list except that of attorney Koenig and Gordon Bennyhoff which were duplicated and payment denied as a non village obligation. Attorney reported on findings to date relative to legal complications that have evolved in the vacation of portions of Warren Avenue and Interla:hen Road. Motion by Hunt, second by Walton adopted Resolution 70-3, recognizing the need for uniform snowmobile regulations within the municipalities of Hennepin County. The same to be referred to the Hennepin County Leagues of Municipalities for appropriate action. VILLAGE CLERK INVOICES FOR PAYMENT MARCH 39 1970 Midwest Machine Tool 7.44 Haugen, Quello 6 Phleger, Briefs and legal re MacWilliams claim, 1969 473.80 Minnegasco 108.95 Spring Park Hdw. Supplies 7.56 Fischer & Porter Lift repairs 36.00 N.W. Bell Telephone. 25.95 M. J. Long Co. Set-up 1970 Budget and January audit report 234.50 1st., Natl Bank Navarre, Photo copies of checks ' in P.O. box rifling 3.55 Western Concrete Plow and sand, Jan. 554.75 i Chuck's Hdw. Supplies 7.30 Hennepin County Auditor I Special asrt. spread 23,40 1 City of Minneapolis Jail feat 27,50 Wm. R. Koenig, Atty. Fees re Wes . c�- :'d. access (Bennyho f i-) c:za :- ion Quello 214W R3o Raj Kennels, Impounding fees Oct., Dec, Jan, 26,00 Haugen, Quello b Phleger, Bob Naegele, Jr. simple assualt and �.+.sorderly conduct trial. 250900 Sun Newspapers, Legals 9.30 Crown Rubber Stamps, '70 Dog Tags 25.00 Pitney -Bowes Mailing Mach. 325.00 Stamp Box 23.80 Ribbon 5.79 354.59 Barbara Heyman, Mimeo 4.50 010�k Miller -Davis,, Office Supplies 44,72 Awards, Inc., Trophies, including art work 147.68 Suburban Hennepin County Relief 20.00 Village of Mound, k mill to library 266.37 NSP Co. S&R 161.20 Pumps 51.04 Hall 23.00 Lifts 125,45 3,60.69 3039.65 _ yo CONFERENCE RE CSAH 15 March 5, 1970 (Sunday) PRESENT; For Moundj- mayor Oriville Fenstad Manager Leonard Kopp For SprinE Park - Mayor Schmidt Clerk E. G. Patterson Called to discuss negotiations with Hennepin County for con- struction of bi-pass at Seton Channel in lieu of detour via 125 during construction of CSAH 15. r LLAGE CLERK MIwTES SPECIAL MEETING MARCH 169 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Wasik present. PRESENT FROM INVITED BUSINESSMEN ADJACENT TO CSAH 15.0 Jack Kloster, J. R. Clark Co.,Don Dongoske, Western Concrete, Dennis Helwig, Montgomery Ward, Gordon Bennyhoff, A&W Drive In and Harvey Malchov, Marina Drug Store. For Village Engineers - Clarence Leer. Ibis meeting was held after due call and notice to reivew with the businesses to be directly affected by the reconstruct- ion of CSAH 15 the plans, specifications and obtain recom- mendations for refinements or corrections. A great deal of emphasis was placed on the necessity for a temporary bi-pass across the Seton Channel in lieu of the proposed detour via CBAH 125 through Island Park. The addit- ional cost therefore to be negotiated between businesses, county and villages of Mound and Spring Park. Motion by Wasik, second by Rockvam Resolution 70-4 was adopted all yeas. Mr. Kloster revealed during the course of the evening that the J. R. Clark Co., in pursuit of compliance with council's program to provide off-street parking, was negotiating with Hennepin County for the use of the existing park area situated south of CSAH 15 and adjacent to the easterly line of the Edgewater Apartments. Bids for refurbishing the Village Hall, Invitation No. 70-1 were rejected as being too high. Motion by Hunt, second by Rockvam adopted. r YI E CLERK MINUTES SPECIAL MEETING MARCH 279 1970 1: 30 P.M. ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. This meeting was called ostensibly for further discussion of improvements of CSAH 15. Engineer's recommendations were reviewed and on motion by Rockvam, second by Wasik Resolution No. 70-4 was unanimously adopted. Meeting digressed to council's desires for the development of a revised dance ordinance presently in the hands of the Plan- ning Commission. Council expressed its desire and intent to Mr. Hunt, liaison, who is to convey them to the commission for study and inclusion in the proposed ordinance. Motion by Hunt, second by Wasik adopted Resolution No. 70-5, Extending a Moratorium on Dance Permits. Copies of as to be mailed to dance hall operators. Motion by Rockvam, second by Wasik directed Utilities -Superintendent to post with "No Parking Any Time Signs" both sides of Northern Avenue from Sunset Drive, CSAH 51 to easterly village limits. ILLAGE CLERK J 7 (.y AGENDA REGULAR COUNCIL MEETING APRIL 6, 1970 ::ULL CALL : O 1. Minutes Regular meeting March 3 Special meeting March 16 Special meeting ;March 27 Resolution 70-4 Resolution 70-5 7. Authorize Sewer & Water School for Bush. C 3. Solid Waste disposal. Mound is asking for a joint meeting ° with Sprung Parts to develpp a Westonka system. Wayzata and Orono are pushing for a regional control board which can only lead to another independent taxing po-wer, ry 4. Employdog catcher. S. Authorize inviting bids to complete matting roads and seal eat those alread matted s bud etted. -�, 6. We have acquired land at corner of Wor n and Dings Road. Authorize demolition of buildings 7. flag pole for Thompson Park. The plan is to extend open of: the existing poles on the back stop for use. 8. Review Board of Health Well report. (This could be t i;kt With O'Brian request inasmuch as is is believed tit this will be another building with old plumbing to be oaaa&c ted to the water system. rroxt ve Q `Brian regnest for water f only into orar. Vie.-sts. . he %4- 11 have pe tion for atmexation. I fttmW has verbally given a firm no tri this,. ( ' . ' X Y VA ll iUa>tequ re our servic- ate, with malas a d laterali�� . afro r _ + .. Goft-a mrO end of aa.s'eSsmQnt$' Q13..tiev s$Jt. a a -tion of tin t° E oac -mat e ftl.aUd, which at this t �e�iveas acad 1 t asa"essiloenyt, fd oix 1 \\ 12. V. F. W. requests extension pf Ringo games at Don & 4ahes for six months. 13. Petitions -,Condon, Naegelie a. Vacate Spring park 30 feet of dedicated but not developed roadway adjoining Orono. (Attorney opinion). b. Rezone from Residential to Commercial Ziebell property (acquire by developers adjoining Newport. c. Rezone from Residential to Cc= ercial M Steward and Wendt property (acquired by petition rs) �P from Residential to Commercial. This is at corner of CSAH 51 & 19 and presentIq spot zoned. 14. !Tans for Paul Stannard remodeling (Rtl. Basket) 15. "'Minnesota League recommendation for legislation governing, public utilities. 16. Invoices for pgyment. �� 0' 1� 7 f,,,k Me MINUTES REGULAR COUNCIL MEETING APRIL 63, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. Motion by Rockvam, second by Walton approved minutes of regular meeting March 3. Motion by Wasik, second by Rockvam approved minutes of special meeting March 16, Motion by Walton, second by Bockvam approved minutes of special meeting March 27. Motion by Rockvam, second by Wasik adopted Resolution No. 70 - 4. i Motion by Walton, second by Vasik adopted Resolution No. 70 - 5. Motion by Rockvam, second by Hunt authorized sewer and water school for Willard Bush - Tuition $50.00. Directed clerk to send notices to last years dog owners of record, who have not applied for licenses this year. Motion by Rockvam, second by Wasik authorized the invitation to bid for bituminous matting of those roads re- maining unfinished and seal coat those previously matted. Motion by Rockvam, second by Walton authorized the demolition of buildings on Lot 5, Pattee's Hill.crest Addition, Plat 68059, parcel 5000upon conveyance by the state. Motion by Wasik, second by Rockvam directed Mr. Bush koo to investibate most feasible method and type of flag pole for Thor Thompson Park. Reviewed State Board of Heal m well reports. Mr. Carrol appeared on behalf of Dorothy O'Brians request for connection to Spring Park water system. Council remained firm to its previous stand that annexation of the property is the simplest solution. Mr. Carroll submitted a petition for annexation at the close of the meeting. He was instructed to initiate one for detachment with the Village of Orono and the same could be processed through the Minnesota Municipal Commission. Motion by Rockvam, second by Hunt adopted Resolution No. 70 - b spreading special assessments for M. Gorra properties. I We Gorra presented an architect's rendering showing the apartment building he proposes constructing or Black Lake Island. The apartment is to consist of sixty-six units with garages and swimming pool. Construction is scheduled for late summer asmm commencement. Referred to Planning Commission. Discussed dilapidated buildings and properties not being maintained. Mayor suggested and it was generally agreed that the council as a whole will make a tour of the village to examine the sites which either are a nuisance or a-:fecting the value of other property in the village. "y The petition of Naegelle and Condon for the vacation of the 30 feet of that dedicated roadway adjoining Orono was tabled pending the results of an opinion rendered by attorneys Quello and Peterson as to whether or not this can be accomplished pursuant to MSA 412.851. The petition for the rezoning from residential to com- mercial, the Ziebell property, was rejected for insufficiencies in that signatures were not appended indicating approval of 50% of the pt property owners within 300 feet of the affected property. Motion by Rockvam, second by Walton directed a Public Hearing for 7:30 P.M., April 27 to hear on the petition of L-R-L Investment Co. to hear on rezoning parcels 1510 and 20000 Plat 68050 from residential to commercial. Motion by Rockvam, second by Wasik approved contingent upon building inspector's concurrence plans for remodeling the "on sale" section of the Bottle Basket to be renamed Minnetonka Mist. Motion by Rockvam, second by Walton approved for payment invoices per attached list. Lynn Rappe and Carl Widmer were heard raltive to the traffic problem being experience on West Arm Road East as a result of the establishment of the Advance parking lot. To i be investigated and unless extreme caution is exercised by the company's employees steps will be taken to barricade the access. Mr. Groves and Mr. Ketcher, residents on Northern Avenue, protested the no parking posting of Northern Avenue. Motion by Rockvam, second by Hunt approved the modification of previous directives so that on street parking will be permitted on the south side of the avenue from the Westerly end of the Groves property to the easterly village boundary. The motion also carried a directive to the police to set up radar in an effort to slow traffic. Police to concentrate on twenty -fours influx of traffice to a residence on West Arm Road Central. Approved type of satellite toilets to be rented for Thor Thompson Park. Sign application of John Kotula was tabled pending compliance with agreed terms between the village and the property owner, Fred Thomas. LLAGE CLERIC 4 A- 9 INVOICES FOR PAYMENT April 6, 1970 1, Gopher State Exterminating, Feb. & Mar. 50.00 2. Spring Park Hdw., Misc. 10.94 3. Baldwin Sply, Lift Repairs 150.67 4. Barbara Heyman, Mimeo 12.60 5. Gary Phleger, Retainer and Downbeat case 230.00 6. City of Mpls., Wkhse. 121.00 7. Minnegasco, Feb. & Mar. 168.90 8. Marina Auto Sply, Repair Parts 8.06 9. Village of Mound, Police, 2nd Qtr. 5450.00 Dance Police 168,00 Fire Cont, 2nd. Qtr. 1205.05 6823.05 10. Chuck's Hdw., Misc. 17.63 11. Herman C. Harms, Class V 147.04 12. Sun Newspapers, Legal 13.50 13. Lyle Signs, 10 MPH 15.85 Lakeland Engrg., Lift Repairs 28.99 15. League of Minnesota Munic., directory 4.00 16. E. F. Heller, Refund 2,00 17. Royfax, Copy Paper 69.00 18. Harris Office Equip., Adder Repair 82.50 19, Hennepin County Relief 20.00 20. Western Concrete, Plow & sand, Feb., & Mar. 193.50 21, Workman Service, Muter Reading cards 119.65 22. Murphy Oil, gas & oil 17.60 23. N.W. Bell Tel., Feb. & Mar. 55.31 24, NSP Co. S&R 185.50 Pumps 1.82 Lifts 129.92 B&G 20.31 337.55 25. M. J. Long Co. 88.70 8787,44 Fl"ArrES f PUBLIC HEARING APRIL 27, 1970 ROLL CALL: Schmidt, Hunt and Talton present. This public hearing was held pursuant to due call and notice to hear on the petition of L -L Investment Co. for rezoning from residential to commercial the Northerly half of Lot 14 and all of Lot 15, Gust S. Johnson's Addition. Present for the petitioners was Richard Rupert and Clarence Loew, executives of the company, It was pointed out that these two parcels constituted spot zoning in an already zoned commercial area. The petitioners revealed that they contemplate the construction of apartments, 36 units facing CSAH 19 and 24 facing CSAH 51 with a pool and patio area to be located on the above described property. Sixty percent of the units to be two bedraom. Construction is anticipated to commonce in mid June .:heduled for completion in four months. There being no objections verbal or written the hearing was adjourned. Action tabled until the May 4 meeting.. VILLAGE CLERK ; 0.;.: AGEKIA :XIILAK MEETIVC PAY 4, 1970 u-,-ui., iAwti►►g April ! Iubli-C 'learin;, April 27 .es-olation No. 70-6 . 'lrcl ;name ':(,. 15-1 + - Rezcone from re::idential to :n�r►ic?rr:.al, VC. of i.ot 1'< turd Lc�t 15, C:ust S. Johnson Ad. 3. Sn,.­prais of t►rtivities pertinent to oil -lick :Jest Arm I .a V . ;'rc:�l.►rion re state re3ulation of Ceas and electric itt i) i t irti for presentation tp JW I 1 1 lure by er#i .►nesota League. O c►ff Licensr atppli_cations. �;. ::.trl - .)trey, V.P.W. has requested transfer of )lingo 7-je/ i ov c '4►n and Babes to *:ill ies----Parkine, - (� MO S. ';<►t__`t:tr, - Re transfer of licenses nt Don : ad Ra ies tovrr:► to *n. R. Saute • it (537-i742--422-4 Winnetka ':ew Hope. k ;one time operator Pegry's narlwcae) t. Tttve!zt+gent I. Vat7ate de,licated street. 7 Sc t Public clearing date for rezoning is i ebel l c>r�perty. / 'ann *_ lk; :o►n.-Assion needs new secretarvi lc . l.. cal. 11 P� n i 'louse -- Attorney to seoltn-4• quit claim ciecrt'--i`rosontly an attractive rntisunre. `~ iGJC /7 7� • t1t•�l•'�� ��' `--•�til i_dillt•, Inspectnr ruC of town for tww, weeks i2. ..,i. Bel i Telephone application for placement of pole to Ittornev for searchi• 1 3. At s :'. i.:trrot I. for Mrs. Ol3rian water connect it-tn. ..c •' in for Village of Orono., "No foorl license for Lakeview, :-S lake Corp. or ;orunca ,tr?zf, . hate Board of Health to investinate � 100 _ nl ;'nV(` date for ik•arci Of RE'V1('w v •. ro, ice ►-eports. i/ 17• r f)ii Ti, i spevi[Ica rions and hie! for refur hishing of. vi i 1<l•;O 1o:il1. Invmices fi.r jut mlOnt . i ' —d izum-,•e - of[ street Parkin`,. 't . ,)I-.t; willof' '+o. 17:t "i - Mince ;)-, iHnance 1. Or<iz.tianc.' No. i - 5nowmobilcs. MINUTES r-, REGULAR MEETING MAY 4, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. Motion by Rockvam, second by Hunt appro-,wJ mi►.,tes of April 6 meeting. Motion by Walton, second by Rockvam approved minutes of Public Hearing April 27. Motion by Wasik, second by Rockvam adopted Resolution No, 70-6. Motion by Rockvam, second by Walton adopted Ordinance No. 35-14 subject to restrictive covenants. Clerk read synopsis of activities pertinent to oil slick in West Arm Bay. Tabled action on proposed resolution to 1971 legislature asking for state regulation of gas and electric utilities companies operating within the state pending receipt of a suggested uniform resolution from the Minnesota League. The following intoxicating liquor licenses were unanimously approved: Lord Fletchers of the Lake, Inc. Motion by Rockvam, second by Wasik for On Sale, Off Sale and Sunday Sale. Stannard's, Inc. Motion by Walton, second by Rockvam for On Sale, Off Sale and Sunday Sale. Stannard's, Inc. Sunday Sale to June 30, 1970. Motion by Rockvam, second by Hunt for period May and June, 1970 on pro rate basis. The verbal request of Earl Otrey, V.P.W., to transfer bingo from Don and Babe's Tavern to Millie's Tavern was approved contingent upon the availability of parking. Police directed to keep traffic situation under surveillance. Bob Putnam, realtor, was recognized to inquire about the transfer of licenses from Don kopplin, Don and Babe's to Won. B. Saliterman (537-8742 - 4224 Winnetka North, New Hope) potential buyer for the property. He was informed that licenses are not transferable; that the existing licenses will automatically terminate; that new licenses could be issued for the unexpired portion of the license year and renewal applications considered at the appropriate time. Council was advised that the Planning Commission is again without a secretary due to Mrs. Shafrie Cossette!s resigning because move from the village. Taken under advisement. Discussed the vacation of the defunct Del O Corporation well house which had previously been referred to the village attorney when it was reported that the remaining relic was proving to be an attractive nuisance. Attorney reported that he had contacted LeRoy Haglund, attorne,e, for the rii defunct corporation, in an effort to secure a quit clair+ deed for the area in accordance with the agreement between the corporation and the council at the time of incorporation. Motion by Wasik, second by Rockvam, directed that the nuisance he abated at the expense of the corporation. Application of N.W. Bell Telephone estimate 4581 returned to company for title opinion. Charles P. Carroll, attorney for Mrs. Dorothy O'Brian, again pleaded the case of his client for connection to the Spring Park sewer and water system. The May 1 letter from the Village of Orono requesting a joint meeting between the two councils was introduced.'k Clerk directed to arrange for meeting to be confined to discussion of detachment of the property. Set June 4, 8 P.M. for meeting of Board of Review. Police reports read and discussed meeting jointly with Bound police board to review mutual problems. hall. Tabled action on Kon Tiki bid for refurbishing village Motion by Wasik, second by Rockvam approved for paym- ment invoices per attached list. Proposed off street parking ordinance with changes recommended by the Planning Commission was publicly read and reviewed with interjections by attorney Ray Ploetz for Mrs. Bruzek. It was his contention that the seating capacity factor to be used for determining off-street parking area A--- - - -- -- requirements be recondidered inasmuch as some of his client's customers travel to and from the Downbeat by boat. ibis bein an indertiminate factor the discussion was terminated. Lotion by Walton, second by Wasik Ordinance No. 19:08 was unanimously adopted. Proposed Ordinance No. 17:03, Dance Ordinance, with recommended changes by the Planning Ccmmission was given attentive consideration. Ray Ploetz complained that his client was denied by the clerk a copy of the drafted proposed ordinancenot yet presented to the council. He further objected to to Section 1 of the draft under study that "this is a harsh indictment of his client and other dance hall operators". He continued, "this ordinance as proposed is taking away a business right without compensation." After due consideration and on motion by Rockvam, second by Wasik the proposed ordinance was referred to the village attorney for further study of the legal aspects and an expeditious opinion. Third public reading of Ordinance No. 19:08, Off Street Parking. Motion by Walton, second by Wasik unanimously adopted. As the result of a conference between the Mayor, Councilman Hunt and the clerk and the Mound Village Council relative to solid waste removal end burning directed clerk to collaborate with Mound Village Manager in drafting an ordinance regulating same. 10ON Clerk publicly rebuked by councilman Hunt for not having served a written formal notice on Advance Machine Co. re barricading of West Arm Road East as directed. Motion by Hunt, second by Wasik directed that barricade be erected within ten days. Clerk informed council that an appointment had been set between tiim, Mr. Kopp and Tony Giglierro and another representative of the Metropolitan Sewer District for May 7. Meeting called to lay ground -work for the District's absorption of the disposal plant. Mayor welcomed the presenc from Grandview, Jr. of Anita Pierson and Sharry Bush. VILLAGE CLERK fit INVOICES FOR PAYMENT MAY 49 1970 1. Wings & Wheels, freight 2. Chuck's Hdw., misc. 3. City of Minneapolis, 31 days workhouse 4. Electronic Center, Radio repairs 3. NSP Co. SCR 40.04 23.36 14.38 170.50 14.81 300.92 6, Marina Drug, film and prints 1.98 7. Fischer & Porter, repair parts 42.00 8. Barbara Heyman, mimeo 6.00 9. Suburban Hennepin County Relief 20.00 10, State Conservation Dept, Channel Lease 1.00 11. Gopher State Exterminating 25.00 12. Minnegasco 56,00 13, Western Concrete, S&W Const. repair settlement 79.00 14. Sun newspapers 15.60 15. Village of Mound Chlorine 65.86 Sewer Rod 25.00 90.86 16. Murphy Oil Co., gas and oil 20.85 17. M. J. Long Co. 78.00 960.26 B&G 17,07 Pumps 105.10 Lifts 138,71 r AGENIA SPECIAL MEETING P",Y 18, 1970 POLL (:ALL: 1. This conference betwii en the Village %-oUnrils k-l" Sprin,; Park and Orono is bein,; conducted a for dive call ro relegate Oie ramifications encounte-ed ii, --tutlior-lzing the connection of the Orono roridon,.e of Dorothy O'Brian to the Sprint; illark T)uhl il_ sewer and water systems. re Dance Ordinance No. 17:03. MINUTES SPECIAL MEETING May 18, 1970 ROLL CALL: Schmidt, Hunt, Walton and Wasik present. FOR ORONO: Mayor Lou Oherhauser, Bill McCarthy, Bob Searles and Dick Franzel. This conference between the Village Councils of Spring Park and Orono was held after due call and notice in a further effort to relegate the ramifications being encountered in connecting the Orono residence of Dorothy O'BrAan to the Spring Park sewer and water system. Mayor Oberhauser deferred any comment because of a stated conflict of interest. The ensuing discussion concluded that the Village of Orono will initiate a draft of an agreement between the villages to provide the service connections incorporating cost factors which Orono unofficially agreed to finance. Councilman Searles broached the subject of establishing an inter -community study group for thr development of concepts for highway development, peripheral and radial for the Westonka area. There was general concurrence on the subject, but no formal action. The Mayor welcomed Dennis Wasik from Grandview as an observer. Ray Ploetz and Elizabeth Bruzek were recognized to raise further objections to the proposed revised dance ordinance. �r Mr. Ploetz raised objections to Section 6, Hours;,Section 10, Clamourous Noises and Section 15. Permit fees as proposed. Mr. Wasik suggested a Public hearing on the subject. No action. During the course of events Mr. Ploetz presented to the clerk an application for dance permit, which was returned to him at the close of the evening because the council had taken no action toward repealing Resolution No. 70-5. VALIAGE CLERK MINOTES SPECIAL MEETING MAY 25, 1970 ROLL CALL: Schmidt, Walton and Rockvam present. This special meeting was held after due call and notice to further discuss the proposed amended dance ordinance. Motion by Walton, second by Rockvam Resolution No. 70-5 was repealed. Motion by Walton, second by Rockvam approved dance permit for the Downbeat for May 30 with the understanding that future permits will be issued contingent upon improve - dents to c f-street parking :.ot as agreed during 1969. Mc•tiota by Rockvam, second by Balton approved re- funding fee deposited above that required for permit issued. L1AGC CLERK � REGIIIAR C01INCIL MEETING JUNE 1, 1970 ;;�`•'alar inecting may 4 Special moetin�- Mav 18 v •S»ec i.a t �iee fdtn,; Alay 2 5 . Aiinounee: Board of Review meeting June 4, E P.M. v 3. Lions Club req-lest for bingo and on sale non intoxicating. irolt liquor at ,summer safari June 29, 30 and July 1, Center. V 6 :. Retni`sts of Orono, t•iinnetrista's Douglas Beach and 4 Enchanted Island and Shorewood's Shady Islandoend Enchant Isla111i to "uund-Sprint; Park disposal plant. ►'.�'. S. :like (;orra - re apartment pl ns. He h�been bef �•� �t �t 1'ianni.n�• C�r.;u�issirn�. �s. '' �- 17 P cis:+r�l Ruppert re rezone et on a N rt andi �° c► 7 Di _Ksr)� nsio vac��t . ,�� ,.r 7. iicor, set-u;) and cigarette license applicatio s. F. Quel.to letter re Del 0 Corp. re»val of pump house hazard. y. A;)r i.l police reports 1i1. tk`lutepin Comity Agriculture Society request for fair fullds. (Thies is an annual request which has always been denied)✓ 11.. Subttrl,an Hennepin County Relief Board t968-9 comparative Relief Costst L/ 12Pon—'.1cy S",4er d 'dater service agreement for O'Brian connectionY /� �• _ CA rhas been requested to amend questionable points. 11. Letr.er Elmer Peterson Co. re sewer and water connection ' - at hunx property, West Alm Pond. (Council direr -Live) q P.� 1.4. Frank 1Iunz re proposed car wash at site of Connor's gas station, 15. Amiou nixE : A joint meeting of the PCA, W tershed Dist. • arnl LMM will he held July 23, Details will he forthcoming. I ti. Letter 'tom Millaney, Leisure Prodttets to VCA :�.ivisitlt;� t i . AIJL ►ol-i ie irtvi.t i ►r; bids for road Lniprovements. t �.. A►i horize insta l tation of fluoridation equipment. i�u►nl:: httd;;.�tted.�v 11). ►:v;►`ihi 1 ity of installing bee hive grating, on c.►r_P► 1-tasins for dr)inage across CSAH 51 to Wt•st Arr► .:ay i-pprov:_+1 of proposed sign for new truck '''I I Third piihl is readin„ of proposed dance ordinance 17:03.� 4, I►tvoi c.r-5 for payment 71. Solid W.-Iste .iisumsal. on MINUTES REGULAR COUNCIL MELTING JUNE 1, 1970. ROLL CALL: Schmidt, Hunt, Walton and Wasik present. Motion by Walton, second by Wasik approved minutes of May 4 meeting. Motion by Hunt, second by Wasik approved minutes of special meeting May 18. To conform to parliamentary procedure the Mayor relinquished the chair to Mr. Wasik, whereupon motion by Walton, second by Schmidt minutes of the special meeting May 25 were approved. Notion by Wasik, second by Walton approved summer safari for N.W. Tonka Lions Club at Marina Center June 29.30 and July 1p subject to the same restrictions as in previous years. Fees waived. Motion by Hunt, second by Wasik directed clerk to respond to the requests for connection to the lbvnd-Spring Park disposal plant by O a no, Minnetrista's Douglas Beach and Enchanted Island and Shorewood's Shady Island and Enchanted Island advising that Spring Park concurs with the opinion of the Village of Nound that annexation to the directly involved municipalities is the most expeditious solution to the problem. 1&. Leer of Schoell and Hodson was directed to consult with Wb. Milla, Orono Engineer, regarding the problems to be encountered at Lift 3 if such a connection should materialise. I Mr. Gorra elaborated on plans for construction of a 66 unit apartment on the 6k acre island in Black Lake. The structure is to be 2k storys in front, 3 in back and comprised of 33 one bed ream units (700 sgyare feet) and 33 two bed room (1000 square feet); indoor swimming pool and sauna, underground garage in front of building Oroviding inside parking for 25 cars and 74 top side exposed. Construction is scheduled to start this fell and projected for completion in March or April of 1971. Richard Ruppert scheduled to appear relative to petitions for resoning of a portion of LRL property and vacation of dedicated Dickson Avenue extension did not appear. Mr. Ft Fletcher, attorney for Advance Machine Co., registered a plea for his client asking the council to recondider its previous order to barricade West Arm Road East, the only access to the company's parking lot. John Rolmgren of the company stated that they were making every effort to complete the parking ramp and it was anticipated that this would be accomplished on or before June 30. Meanwhile they would post a man at the entrance to their property to control traffic and minimise the hazard. Motion by Wasik, second by Walton directed that barricade be removed. Motion by Wasik, second by Hunt directed attorney to send notice to Roy Haglund, attorney for the defunct Del '0 Corp. to abate the i nuisance created by the abandoned well house within seven days. Motion by Wasik, second by Hunt denied request of Hennepin County Agricultural Society for finds to be used in conduct of the Hennepin County Fair, Reviewed 1968-9 comparative relief costs submitted by the Suburban Hennepin County Relief Board. Motion by Hunt, second by Walton denied request of Dorothy O'Brian, Orono property, to connect to sewer and water. Several points of the proposed agreement were found to br detrimental to Spring Parkes interest and it was concluded that the annexation concept. as originally requested, was the most feasible and in keeping with the policy of the joint councils of Mound and Spring Park. Read letter from Elmer Peterson Co. relative to connection charge at Eugene Kunz property. Inasmuch as responsibility for this claim had previously been accepted by Schoell and Madson. Mr. Leer was directed to take immediate action toward settlement. Reviewed plans of Frances Munz for construction of car rash at PhLIlipps•66" site. Design engineer for the system stated that the maximum water demand will be 20-25 gallons per car and that anticipated vehicle flow will be 5000 cars per month. Council directed that they consult with Mr. Bush 0 relative to serer capacity. Referred to Planning Commission for further study and recommendations. Read letter to PCk from Leisure Products advising of progress in diverting waste waters from lake. Clerk directed to commend company in writing for their cooperation. Motion by Wasik, second by Hunt directed the inviting of bids for seal coating and patching of those village streets already matted. Engineer directed to survey undevelopedd section of West Arm Road and submit estimate for completion. Notion by Wasik second by Walton tabled action on the Installation of water fluoridation equipment. Motion by Wilton, second by Hunt directed the instal- lation of bee hive grating on catch basins leading to drainage culverts under CSAH 51. Mr. Hush to contact high- way department in an effort to correct drainage across the highway. Proposed dance ordinance No. 17:03 with changes recom- mended by the Planning Commission was given its third public reading. Mr. Ploetz, attorney for Elisabeth Bruzek, Mrs. Bruzek, Ray Borgens, Don Ropplin and Bruno Burak were present. All those desiring to be heard were recognized and heard. After due deliberation and on motion by Walton, second by Hunt Ordinance No. 17:03 was adopted. All ayes. I%W Mr. Ploetz on behalf of his client, Elizabeth Bruzek, The Downbeat, presented to the clerk an application for dance permits under ordinance No. 17:00, 17:01 and 17:02 currently I applicable. The ensuing discussion dealt with off street parking provisions. Mrs. Bruzek informed the council that lighting had been corrected to conform with requirements. Mr. Ploetz informed the council that the establishment had seating capacity for 360 persons and that the parking area provided will acco®odate 117 cars when a parking attendant is on duty. Mrs. Bruzek intervened with the statement that more could be seated when the patio is used. Motion by Hunt, second by Walton approved dance permits for June 60 130 20, and 27. Motion by Wasik, second by Hunt directed clerk to refund deposit in excess of that required for approved dates for dance permits. Motion by Walton, second by Hunt approved for payment invoices per attached list. Motion by Hunt, second by Wasik approved the appointment of Alice Hocum as secretary to the Planning Commission to fill the unexpired testa of Sharrie Cassette. Referred to the Planning Commission the request of Eugene Berry for a variance in property line distances. Attorney gave brief verbal resume of the status of the American Pipe Co. lawsuit relative to D. M. Noyes contract. Meeting adjourned at 1:40 A.W. PILLAGE CLERIC INVOICES FOR PAYMENT June 1, 1970 1. Barbara Heyman, mimeo 3,00 2. N.W. Bell Tel. 25.70 3, NSP Co. B&G 13.48 S&R 177,90 Pumps 54.71 Lifts 121.15 367.24 4. Mpls Gas. Co. 23.19 5. Neptune Meter, parts 19.74 6. Village of Mound Disposal plant, 3rd. & 4th. qtr. 1969-3068.74 1st. qtr. 1970 1744.03 4812,74 7. Stark Electronics, lift repairs 25.10 8. City of Mpls, workhouse 203,00 9. Marina Drug, film 1.79 10. 1st,, Natl, Bank Navarre, Box rental 11.00 11. Village of Maple Plain, polphosphate 84.00 12, Widmer Bros, gate valve 4.20 13. Lyle Signs, road sign parts 116.70 14. Village of Mound, curb stop and cplg. 14.2.5 15, Transport Clearings, feeight 12.15 16, Fred Thomas, Inc. Demolition of hse. 210.00 Bulldozer for clean up 50.00 260.00 17. Racliffe Sanitation, cleanup 238.00 18. Warren Cook Chemical, water treatment 93.00 19. Miller -Davis, office supplies 38.93 20. United Bldg., supplies 3.84 21, N.W. Tel E Lect, truck body installed 1141.60 22. Satellite Service 59.78 23, Suburban Hennepin County Relief 20.00 24. Marina Auto Sply., parts 5.32 25. Blackowiak & Son, refuse pick-up 9.00 26, Tonka Blacktop, roading grading 40.00 27. Chuck's Hdw. 5.34 28. Sun Newspapers, legals 35." :. 29, Pitney-Rowes, postage meter rental, 1/22 - 3A S 35.40 30. M. J. Long Co. 73.30 7782,35 MINUTES SPECIAL MEETING JUNE 49 1970 ROLL CALL: Schmidt, Hunt and Rockvam present. Approved cigarette licenses as follows: Log Cabin Cafe Motion Second Hunt Rockvam Tanks Vending Hunt Rockvam Motion by Hunt, second by Rockvam approved dance pesmit for Millie's Tavern. ,R VILLAGE CLERK MINUTES BOARD OF REVIEW JUNE 49 1970 ROLL CALL: Schmidt, Hunt and Rockvam From the County Assessors Office: Wayne Johnson , County Assessor and Robert Martin, assistant. For the Village: Clerk and Assessor. No public attendance, no grievances filed. Mr. Johnson and Mr. Martin reviewed conditions which necessitate a demand for an across the board 40% increase in residential property L,A. He states that the market growth is not reflected in the 1970 taxes for the village; that a statistical study conducted by his department was reflected in the computerised statements presented and that this will bring. - the assessed valuations in closer conformity with the 609E recommendation of the State Commissioner of Taxation. The council debated the issue and finally was told that if the village did not undertake a reassessment on its own the county will proceed and charge the costs incurred. At the suggestion of the Mayor it was tentatively agreed that the council will undertake an appraisal in an effort to determine if and where inequities exist with the possibility of employing independent professional appraisers for assistance. M I MUTES SPECIAL MEETING JUNE 12, 1970 5:30 P.M. ROLL CALL: Schmidt, Hunt, Walton and Wasik present. Attorney, Gary Phleger. This special meeting was held after due call by the Mayor. Mr. Phleger presented an affidavit supplemental to a motion filed with the Village Clerk at 2:50 P.M., May 26, 1970 and with the District Court, Fourth Judicial District -•n or about the same date, alleging damages to the plaintiffs, Richard F. Bruzek and Elizabeth M. Bruzek, The Downbeat, stemming from the ratifi- cation of Ordinance No. 17:03 governing dancing in the village. The ensuing discussion encompassed the ramifications of the case aimed at mitigating the alleged damages to the plaintiffs and to the peace, repose and welfare of the residents of the village. On motion by Hunt, second by Wasik Mr. Phleger was directed to consult with Mr. Ploetz, attorney for plaintiffs, to determine if his clients will consent to a compromise pend- ing litigation. Said compromise proposal to be conditioned upon plaintiffs dismissing the damage elements of the suit, thus leaving for trial the question of whether or not the council acted arbitrarily and capriciously in adopting Ordinance No. 17:03, whereupon the defendants will consent to issuance of dance permits for Friday and Saturday nights only for which application shall be made monthly to September 1, 1970, after which Ordinance No. 17:03 shall become effective. --Motion Carried --All Yeas. ILLAGE CLEZI: M AGEMM, SPECIAL MEETING JUNE 221, 1470 7 :30 P.M. OPEN BIDS TRUCK AND SEAL COATING ROADS. a:00 P.M. ROLL CALL: fo 1. Frances Munz - Re car wash ter Z. Consider bids V� 3. Authorize Lorrayne Garin to attend L.M.C/D. dinner meeting at Hanson House 6/23. Approx $20.00. V� 4. .Tim Shoop - permit to shoot muskrat within village. Has Stare permit. `ti CA' 5. Eugene Berry - Approve two story. property line variance approved by Planning Commission. 6. Lord rletcher's Private party - Piano. 7. (Possible) Lou Oberhauser, or representative re lawsu t the Downbeat. MINUTES SPECIAL MEETING JUNE 220 1970 ROLL GALL: Schmidt, Hunt, Walton and Wasik present. Motion by Walton, second by Wasik approved $812 bid of Godfrey Widmer for purchase of 1964 truck. Notion by Walton, second by Wasik approved in accordance With Planning Commission recommendations construction plans from Frances !duns !or car wash. K-�tion by Hunt, second by Wasik tabled award of bids for road improvements opened by Mayor and Clerk at 7:30 P.M. this date. Representative from Schoell and Madson, Jim DeVendent, was present. Motion by HLmt, second by Wasik authorized Lorrayne Garin, Minnetonka Conservation District representative to attend dinner meeting at cost not exceeding $20.00. Lotion by Wasik, second by Hunt approved muskrat shooting license contingent upon approval by Chief of Police. Approved Eugene Berry construction of two story residence, with property line variance, as approved by Planning Commission. It was determined that no action was necessary pursuant to Ordinance No. 17:03 for request of Lord Fletehers to permit a piano bar at a private party. Dick Bruzek appeared on his own behalf to appeal for Friday, Saturday and Sunday dance permits. !Mayor related that we had offered a temporary compromise to relax the strict enforcement of Ordinance No. 17:C3 pending the results of litigation, which was rejected by his attorney. Mr. Bruzek continued that he had utilitzed the services of Dan Feeney, an employee of Nielsen Ratiig Service to conduct a survey of every house from the Downbeat to Lord Fletcher's and acquired signatures from everyone except 15 residents who expressed no opposition to dancing with one exception tton/limited dancing. The list of signatures was not presented. It ma concluded that such a survey was inconclusive in the absence of the list of signatures, the nature of the question presented and the number of residents at home at the time of the survey. The parking situation was discussed. Mr. Brusek expressed his desire to comply with ordinances and the court order. He suggested that the attendant route traffic to CSAH 15 for more rapid dispersal and minimising traffic through the residential district on CSAH 51, ., MINUTES SPECIAL MEETING JUKE 260 1970 ROLL CALL: Schmidt, Hunt, Rockvsm, Walton and Wasik Council was polled relative to the request of the Do =beat for dance permits for .Lune 26 and 28 pursuant to court order. Votes were as follows; Schmidt, Yea; Rockvam, Yes, Hunt, Yea; Walton, Nay; Wasik, abstained. Pe:mit approved. W AGENDA SPECIAL MEETING JUNE 291, 1970 ROLL CALL: 1. Dance application The Downbeat - July 3.4.5,10,11, 12917918919924025, 26 and 31. 2, Repeal Ordinance No, 41:02, Section 1:00. "No intoxicating liquor shall be served on Sundays other than to persons who are seated at tables serviced by waiters or waitresses." 3. Streets and Roads a. Readvertise for bids for seal coating. b. West Arm Road East. c. West Arm Rods: Cenjtral. 4, Property Taxes. r MINUTES SPECIAL MEETING JUNE 299 1970 y Prior to calling this meeting to order the council and clerk surveyed the condition of the Downbeat parking lot and took several photographs. MEETING CALLED TO ORDER ROLL CALL: Schmidt, Hunt and Wasik present. Conditions contrary to those stipulated in the courtorder were found to exist on the survey conducted prior to this meeting. The application of the Downbeat for July dance permits was introduced after due consideration and on notion by Hunt, second by Wasik permit was granted for July 3, 4 and S con- tingent upon compliance with section three of the court order. The balance of the application was tabled until the July 6 meeting. Cleric was directed to consult with attorney and Chief of Police relative to this action. Clerk also to in- vestigate the term "adequate lighting", Notion by Wasik, second by Hunt adopted Ordinance No, 41:03. Discussed street and road improvements. Motion by Hunt second by Wasik rejected bid for seal coating roads and directed re -advertising in accordance with Schoell and Madson recommendations. Clerk directed to prepare fiscal record of street and road funds for presentation. Discussed the property reassessment situation. Clerk to investigate with various sources of tax information to permit arriving at the best approach to the appraisal problem. Declared July 3 a legal holiday for village employees. VILIAGE CLERK AGENDA REGULAR COUNCIL MEETING JULY 60 1970 ROLL CALL: I. minutes: Regular meeting June 1 Board of Review June 4 v Special Meeting June 4 V Special Meeting June 126"' Special Meeting June 22V/ Special Meeting June 26V-10, Special Meeting June 29 41/ 2% Streets and Roads 1. Funding: Budget, seal coating 5,000.00 Bal. special investment fund 11,647.33 '69 for '70 completion County Aid grade and bituminous mat from Dill to Hunt Property Reserved for King's Road IT 2. West Arm Road Extension Est. 2,490.00 1,157.72 20,295.05 3 9050.0.9 &-mv L401Cv 3. West Arm Road Central connectingi-to east Est. 8,60040 4. Seal coat .3 j Xr.0o 5. Kings Road 309000.00 6. Attorney - Easement for expanding Togo Road radius. 7. Order widening of ec�t ent�to Marina shopping center. ev Trucks parking on Bayview and CSAH 15 obstructing vision. �!. Invitation to bid "Snow plowing" 40 3. Minnetrista June 10 letter and Orono letter June 26 re coordinated effort to improve Westonka Roads. 4. May police report. S. Council reaction to moving Fritz Widmer house to— Chamber's property, Black Lake Rodd. 6. Letter to PC,4 from Leisure Products. , Report of oil disposal. 7. Application Dance permits: Off fig ayyy�� The Downbeat -- Parking Lots Millie's Tavern 8. Attorney re D. M. Noyes Const. suit. 9. Sign Ordinance -- reference March 18 Planning Commission critique. 10., Minutes Planning Commission May 2dotnd June 7. 11. Attorney re Del 0 Corp. pump house 12. Solid Waste Disposal Ordinance. 13. Invoices for payment. 14. Exterior of Village Hall. lace � 4 , MINUTES REGULAR COUNCIL MEETING JULY 61, 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Wasik present. Reporter for Weatonka Sun - Keaven Olson Motion by Wasik, second by Hunt approved minutes of the June 1 meeting. Motion by Hunt, second by Rockvam approved Jane 4 minutes of Hoard of Review. Motion by Hunt, second by Rockvam approved minutes of special meeting June 4. Motion by Hunk, decond by Wasik approved minutes of special meeting June 12. Motion by Hunt, second by Vtockvam approved minutes of special meeting June 26. Notion by Hunt, second by Wasik approved minutes of special meeting June 29, Discussed funding of proposed road improvements. Clerk presented analysis of available funds as follows: 1970 Budget, seal coating 5000,00 Balance special investment fund;11647.33 County Aid '69 for 70 completion from Dill to Seton Channel 2490.00 Resarred for King's Road imp. 1157.72 20 9S.05 n .tea Notion by Wasik, second by Rodcvam directed engineer to investigate feasibility of reducing proposed 11% grade on proposed connection of West Arm Road and reappraise special as- sessments on a unit basis. Dissected attorney to secure easement for expanding Togo Road Radius so that work can be accomplished While road equipment is in the village. Motion by Wasik second by Rockvan directed clerk to at - advertise for bids for snag removal for the winters 1970-71 and 1971-2. Bids to be opened July 20. at 7:30 P.M. Notion by ":asik, second by Rockvam directed clerk to in- vestigat., possibility of county ordering Marina center to widen easterly entrance to alleviate hazard being created. Directed Chief of Police to enforce no parking on Beyview Place, where commercial truckers have obstructed vision of the highway traffics by flagrant abuses. Discussed the possibility of prohibiting parking on park property from 10 P.M. to 6 A.M. Reviewed the requests of Orono and Minnstrisat for the es- tablisbment of an inter -municipal committee for the study of transportation routes in the lake area. Motion by Blast, second by Wasik appointed the council as a whole to the committee in this coordinated effort. Reviewed May police report. Read letter from Leisure Products to PCR advising of accomplishment of lake anti -pollution facilities in accordance with that agency's requirements. Discussed dance applications and specifically the off-street parking area of the Downbeat. Mr. Rockvam reported that some grading and additional crushed rock had been added on July 3. Mayor re- commended and it was agreed that he Mould make arrangements from weak to week with one council member on alternate weeks to maintain a weekly surveillance of activities. Motion by Wasik, second by Hunt approved, July dance permit for the Downbeat. Rockvtor.0stamed. Motion by Hunt, second by Wasik approved July dance permit for Millie's tavern. Attorney reported on progress of American Pipe Co. litigation as it relates to D. M. Noyes contract. Reviewed proposed sign ordinance. Mr. Vasik proposed simplifying by requiring all sign applications be approved by the council. Clerk to redraft and condense. Reviewed May 20 and June 7 minutes of the Planning Coomission. Motion by Wasik, second Sy Rockvam directed attorney to advise LeRoy Haglund, attorney for the de£vnct Del O Corp. that pump house must be demolished at once. That a low bid of $270 was received from Fred Thomas, Inc. and that the village will proceed with ordering the work accomplished upon rateipt of check. Proposed solid Waste disposal ordinance tabled to July 20. Motion by Rockvam, second by Wasik approved for payment invoices per attached list. Motion by Rockvam, second by Wasik directed clerk to in- vestigate Hennepin County Highup Departments stand on returning to the village tax rolls properties acquired for CSAH 15 right of Way. Assessor to review property assessments and make recoss�end- ations for the rolls established by thr County Assessor preparatory to an appearance before the County Board of review. ^" i/vt M 4 R. A. PATMSON, Clerk INVOICES FOR PAYHLNT JULY 69 1970 I. Neptune Meter Co., Meters 225.60 2. Gopher State Exterminating Co., May b June 50,00 3. Lyle Sign, signs 181.82 4. Western Concrete 15,50 5. Royfax, copy paper 157.20 6. Typewriter Sales, ribbons 9,24 7. Fss Bros. Foundy, grates 54,00 8. Village of Mound: 3rd. Qtr. Fire Cont. 1205.05 3rd, Qtr. Police Coat 5450.00 Dance Police, July & Sept., 1969 1344.00 7999.05 9. City of Minneapolis, workhouse 43.50 10. Trojan Playground Equip., flagpole 112.04 11, Camel Sign, truck 30.00 12, Spring Pea k Hdw., misc. 11.75 13. Gary Phfeger: Downbeat Skit 195.00 Criminal Retainer (May and June) 200.00 395.00 14. Construction Bulletin, Legal 29.00 15, Roo Haj Kennels 3.00 16. Downtown Chevrolet, truck 2332.84 17. Miller -Davis, legal forms 5.00 18, Satellite Toilets 70.00 19. Suburban Hennepin County Relief 20.00 20. Water Products Co., meter horns 76.38 21. Reinhard Bros., mover parts 12.55 22. Sun wAnpapers, legals 61.80 23. Chuck's Hdw., misc. 16.35 24. Pitney Bowes, addresser plates 9.93 25 Marina Auto I'll 26. Scp sing Park Spur, gas and oil 57.09 27. Minnegasco 13.07 28, N.W. Bell Telephone 25.90 29. NS8 Co. SfiR 177,90 B6G 18.94 Lifts 135.47 332 33 129351,05 DEBT RETIREIGM First National Bank of St. Paul, Interest 14,400o9 51.9 �'` AGENDA REGItIAR COUNCIL MEETING AUGUST 3, 1970 K01.l. CALL: L. Minutes July 6 meeting. 2. Award Bids - Seal coating and patching Snow plowing 3. Fred Thomas - privacy fence. Under new tenancy the mess is worse. Residents on West Arm Road complaining. 4. Resolution favoring passage of amendment #1 to Minnesota Constitution, Article IX, Section 1, revising definition of tax exempt property. S. United Bldrs. petition to vacate Del O Taro extension behind company buildings to keep yard traffic off highway St. 6. Trailer application Virgil Redwing August to November. 7, Request Ziebell to move house and remodel from West Arm Road to warren Avenue next to property just acquired by vittit ge. 9. Kevised stgo ordinance. 9. At tgvrney rejxirt an het 0 punq% house. 10. Annotitice mecttng with MinnetrLsta re sewer and ftre contract August_ 4. 8 P.M., Minnestrista Village Hall. 11, Announce Metro Sewer Board meeting August 4 „ 10:00 A.U. St. Paul arts and Science Center to discuss format for xltncation of costs for sewer service. 12. Invotres for pnyment. Mret with Mou"O Vittage Counctl at 10:30 P.M. re TLosdny*a na-et. ivig with Minnetrista. MINUTES REGULAR MEETING AUGUST 3, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Walton and Wasik present. Motion by Rockvam, second by Hunt approved minutes of July 6 meeting. Motion by Rockvam, second by Walton rdjpetdd bid of Widmer Bros. for snow plowing. Investigation to be made with potential operators for performance on an hourly basis in an effort to better price. Motion by Walton, second by Wasik directed attorney to draw complaint against Fred Thomas for failure to in- stall privacy fence and maintain grounds in an orderly manner as agreed when permit was issued for moving the building to King's Road. Notion by Rockvam, second by Wasik tabled for further study recommended resolution favoring passage of Amendment it to Minnesota Constitution, Article Ix, Section 1, revising definition of tax exempt property. United Builders did not make an appearance as v`rbally arranged, to present petition for the vacation of Del O'Tero extension for use by the company in mini- mizing traffic on CSAH 51. Motion by Rockvam, second by Wasik approved trailer permit for Virgil Redwing August through November. Motion by Hunt, second by Wasik referred to Plan- ning emission verbal request of Richard Ziebell to move house from plat 68157, parcel 1000, 4420 West Arm Road to plat 68059, parcels 3000 and 4000, 4381 and 4389 Wearetn1Avmpud. Council was advised that building inspector had examined byllding and made recommendations to bring structure with/tHe code. Motion by Walton, second by Wasik tabled to September 8, revised sign ordinance. Attorney reported on status of defunct Del '0 Corporation pump house. !lotion by Rockvam, second by Hunt directed that pump house be demolished at village expense inasmuch as it is an attractive nuisance situated on Del 00 Tero Avenue right of way. Announced meeting with Hound and Mianetrista at Minnetrista Village Hall, August 4, relative to impending 1971 fire and police contract. Announced Metro Seger Board meeting August 4 at St. Paul Arts and Science Center to discuss format for allocation of costs for sewer service under the metro systeme Notion by Walton, second by Wasik approved for payment invoices per attached list. Directed clerk to arrange meeting with insurance representative to review village insurance coverage. Gratefully acknowledged $50.00 donation by the Triad Club to apply against cost of newly installed flag pole at Tber Thompson Park. Clerk to send letter of appreciation. Discussed with Floyd Hesli, prospective buyer of Millie's Tavern, on sale, off sale beer and set-up licenses and status of dance ordinance. He was informed that the validity of sections of the dance ordinance was dependent upon the results of pending litigation in District Court. Notion by Walton, second by Wasik, Rockvam abstain- ing, approved dance permit No. I" for the Downbeat. Motion by Hunt, second by Rockvam approved dance permit No. 200 for Millie's Tavern. Residents from West Arm Road appeared for clari- fication of two petitions pro and con for development of the roadway. The council reviewed the plans as submitted to the engineers for a feasibility study. After lengthy discussion with the residents and on motion by Wasik, second by Walton directed a Public Hearing for 8 P.M., August 17, Mrs. Engelke and Mks. Mitchell were recognised to register a complaint about the manner in which tenants In the Burak property, 4323 and 4323R Shoreline Drive were allegedly misuing the property by dumping refuse, parking a derelict car, permitting weeds to grow pro- fusely and by connecting the water system from one house to the other by a hose. Directed clerk to notify Chief of Police for corrective action. � Motion by Wasik, second by Rockvam directed police department to concentrate on securing disposition of derelist cars in the village. on ;, Discussed the nd imps ing litigation relative to the newly adopted dance ordinance. Reviewed the many meet- ings and conferences during which efforts were made to arrive at an ordinance benefitting the majority of the residents in the village without placing undue hardship on the operators. At the suggestion of the attorney and motion by Wasik, second by Walton directed the adoption of a resolution showing that the elected officials and village clerk did not act individually or collectively in an arbitrary or capricious manner nor did they conspire to the detriment of the operators; rather all actions were aimed at an equitable regulation to abolish the nuisances created by the dance halls which had con- tributed to the discomfort of the residents. VXUGE CLERK -N INVOICES FOR PAYMENT AUGUST 3, 1970 1. Spring Park Hardware, misc. 29.04 2. M. J. Long Co., Monthly Audit 81.75 3. Suburban Hennepin County Relief 20.00 4. Minnesota Fire, Inc., Fire Extinguisher 53.50 5. League Minn. Municipalities, dues 102.00 6. Sun Newpapers, Legals 32.10 7, Satellite Industries 70.00 8, Gopher State Exterminating 25.00 9. Construction Bulletin, legal 31.00 10. gbsr J. Peterson Co., equipment rental 45.00 11, Chuck's Hardware 8.90 12% Mionegasco 15.55 13. N.ii. bell Telephone 26.55 14. Premier Products, fluorescent bubes 117.36 15. N.S.P. Co. S&R 177.90 BEG 21.05 Pucks 36.63 Lifts 137.95 373.53 16, Reed Agency, General Insurance 14S9.00 2490.28 MINUTES SPECIAL MEETING AUGUST 139 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Walton present. Motion by Walton, second by Rockvam adopted Resolution No. 70-71, "A Resolution Objecting to Impsoition of Arbitrary Increases In Property Taxes In the Village of Spring Park." Motion by Hunt, second by itton adopted Resolution No. 70-8 "A Resolution Requesting the Minnesota Municipal Commission to Cpnduct a Feasibility Study for the Merger of Certain Municipalities in the Westonka Area." Motion by Hunt, second by Rockvem adopted Resolution No. 70-9 "A Resolution Awarding Contract to Bituminous Roadways, Inc. for the Patching and Seal Coating of Village Streets." 01 GE CLERK O�11Yj� PUBLIC HEARING AUGUST 17, 1970 ROLL CALL: Schmidt, Hunt, Walton and Wasik present. This public hearing was held after due call and notice to hear on the feasibility of improvements to West Arm Road as stated in the notice. Public attendance is listed on the attached sheet. All persons for and against were heard after presentation of the feasibility report by Clarence Leer, engineer for Schoell and Madsen, Inc. The petitions for and against had been amended by the petitioners until the final tally disclosed more signatories opposed than favoring the proposed improvement. Hnnald Dill stated that the costs for acquisition of right of way at his residence would run high. John Dill, Jr. stated "that he wanted no part of the improvement". "Let the proponents residing on West Aran Road West pay for any special assessments." Discussion was reopened on the proposed access adjacent to the A&W and abandoning the existing Seton Channel access. Motion by Hunt, second by Wasik hearing adjourned. ,C.�-- LLAGE CLERK MINUTES SPECIAL MEETING AUGUST 17, 1970 ROLL CALL: Schmidt, Hunt, Walton and Wasik present. Motion by Walton, second by Hunt approved dance permit No. 201 for the Downbeat. Motion by Wasik, second by Walton approved dance permit No. 202 for Millie's Tavern. VILLAGE CLERIC MINUTES SPECIAL MEETING AUGUST 24, 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Walton present. Motion by Hunt, second by Rockvam approved the following dance permits: The Downbeat, August 28, 29 and 30. Millie's Tavern, August 28 and 29. Lotion by Rockvam, second by Hunt approved the following appointees as election judges and counting board for the September 15 primary election: ELEGTTON JUDGES Erma Schoening, Chiarman Lorrayne Garin Sylvia Connolly - /:�...« �lc-.Z 4�, - �•-� ma's �" Ethel Bjurstrom Chirstine Husted COUNTING BOARD Mrs. Elmer Biersdorf Mabel Bush Joan Bittner VILLAGE CLERK MINUMS SPECIAL MEETING SMnMC ER 2, 1970 ROLL CALL: Schmidt, Hunt ano Rockvam present Mott-n by Rockvam, second by Hunt approved dance permit No. 205. ttINLYTES SPECIAL MEETING SEPTEMM 3, 1970 ROLL CALL: Scim:idt, Hunt and Rockvam present. Motion by Hunt, second by Rockvam approved dance permit No. 206. �' Do�'- GE CLERK VA ,-re MINUTES SPECIAL MEETING SEPTEMBER S, 1970 ROLL CALL: Hunt, Rockvam and Talton present, Notion by Hunt, second by Rockvam approved dance permit for Downbeat for September S and 6, 1970 V �/ AGENDA REGULAR COUNCIL MEETING SEPTEMBER 8, 1970 AL CALL Minutes Regular meeting August 3, 1970 Special meeting August 13, 1970 Special meeting August 17, 1970 Public Hearing August 17. 1970 Special meeting August 24, 1970 Special meeting A g, It September 2, 1970 Special meeting September 3, 1970 Water pumping analysis 3. Recommendation of Planning Commission for pedestrian 9crossing signal at J. R. Clark and Edgewater crossing.: 4. Report on snow plowing. S ' Resolution recommending legislature to amend Minnesota Constitution, Article IX, Section 1, revising definition of tax exempt property. Tabled from August 3. 6 Resolution re village officials financial responsibilities (copy before you). Attorney opinion. 7 Letter No. Amos. Animal Registry. oil Set date for budget meeting for preliminary 1971 budget.-1 9. Letter attorney Philip Stern - Clien Chris berczyk - re .Q'onp ichard Schwert - Reed Agency - review insurance coverage. 11 Resolution no. 70-10 authorizing ten year loan from special reserve fund to 1969 water extension program. 12. Water fluoridation. (Tor) 0 ok f -2 - . R I J. R. Anderson, Togo Road, construction plans. 14. Letter Leisure Produ s re Interllal1chen and Warren vacation. C*wo ��` ' \T )� 15 Lord Fletc era - direct installation of grease trap fir' Ordinance No. 32 Section 2:08. IQ Planning Commission minutes August 19. 17 Appoint representative to 70akAUU.:k)" onka Conse 'on District for three years. 18 APPLICATIONS: Don's Bait (Don Dill) for off -sale beer and cigarette license. ZBorgens - dance Sept. -ober 2 & 3. 11, 12, 189 199 25, 269 AR 9 me S r Rates. West Arm Road - Mat??????? ;zl 92 . Invoices for payment. 2 Award of merit to retiring Ed Wasik. Sign ordinance. previously tables. 24. Paint bids for village hall. Q��U✓ IvaA.&&LIAl MINUTES v� REGULAR COUNCIL MEETING SEPTEMBER g, 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Walton present. Motion by Rockvam, second by Walton approved minutes of regular meeting August ',3. Motion by Walton, second by Rockvam approved minutes of August 13, special meeting. Notion by Walton, second by Hunt approved minutes of August 17 special meeting. Motion by Hunt, second by Walton approved minutes of August 17 Public Hearing. Notion by Hunt, second by Rockvam approved minutes of September 2 special meeting. Motion by Walton, second by Rockvam approved minutes of special meeting September 5. Council reviewed water pumping analysis and availability prepared by the utilities superintendent and presented as a guideline for future project approval, Motion by Rockvam, second by Walton directed clerk to undertake study with the Hennepin County Highway Department for feasibility of left turn lanes at the intersection of CSAH 15 and 51 -- an outgrowth of the Planning Commissions recommendation for the installation ,*W of a pedestrian activated crossing signal on CSAH 15 between the Edgewater Apartments and the J. R. Clark Co. Building. Took under advisement the snow removal predicament with Which confronted. The September 8 informal bid of Floyd Roberg Trucking Co. was reviewed with John Valek, representative of the company. It was revealed that some of the equipment essential to handle emergency conditions Would be housed in Hopkins and not readily available. Notion by Walton, second by Hunt awarded cm -tract to Elmer J. Peterson Co. Motion by Hunt, second by Rockvam directed that West Arm Road residents be required to furnish snow plowing easements relieving the village and contractor from liability for damages resulting from snow plowing and removal castings. Motion by Hunt, second by Rockvam adopted Resolution No. 70 - 12, "Recommending the Legislature to amend Minnesota Constitution, Article IX, Section 1, revising the definition of tax exempt property. Set September 21, 7:30 P.M. for study of 1971 preliminary budget. Introduced August 10 letter of Philip J. Stern, attorney for Chris Beresyk, 3990 Sunset Drive, reactivating complaint alleging misuse of public access to Kest Arm Bay, this evoked considerable discussion of past and present conditions dating back to Public Hearing of March 7, 1966. At this time Samuel Finkelstein, attorney for property owners whose property titles grant the "a access, contended that this is an easement of pres- cription right and that conceivably Mr. Berczyk is also exaggerating his riparian rights as to the use of the waters for recreational purposes. The council was reminded of previous discussions during which it was suggested that the access be fenced to prevent alleged encroachment on the complainants property. Referred to attorney for further study and report back to the council. Richard Schw+ert, Reed Insurance Agency, presented a synopsis of village coverage. He recommended that current replacement costs of the watersphere, pumps and accoutrements and the village hall be updated and insurance accordingly increased where deemed feasible. Motion by Rockvam, second by Hunt adopted Resolution No. 70-10. Installation of water fluoridation again discussed. Council was informrd that the state threatens prosecution after January 1, 1971 for failure to comply. No action. Motion by Rockvam, second by Hunt approved build- ing permit for J. R. Anderson, Togo Road. Referred to Planning Commission application for moving building by Fritz Widmer, application for building permit Don Frazee Black Lake Road and application of Rome Sigafoos for addition to existing residence at the corner of Kings Road and Shoreline Drive. Read into the record letter from Leisure Products explaining the company's position relative to reclamation by the village portions of Interlachen Road and Warren Avenue vacated on behalf of the adjacent businesses to permit plant expansions. It was con- cluded that failure of the petitioners to utilise the vacated land within a reasonable time for the pledged purpose was justifiable cause for repeal of the Resolution granting same. Notion by Rockvam, second by Hunt directed clerk to draw Resolution repealing Resolution No. 68-12. Consideration was given to sewer problems arising from effluent from Lord Fletchers and resulted in motion by Rockvam, second by Hunt to direct the in- stallation of pre treatment facilities in compliance with Ordiance No. 32, Section 2:08 and subject to the approval of the village engineers. lotion carried. Reviewed Planning Commission minutes of August 18: 1. Request for an annual budget allowance of $150, $60 of which will be used to defray secretarial expenses to be considered at budget meetings. 2. Agreed to exchange of minutes. 3. Agreed to supplying a filing facility. F 4. Increase in park budget for 1971 to be con- sidered at budget meetings. i 5. Recommendation that council petition County Highway Department to mat shoulders on CSAH 15 reverted to previous requests for a hike -bike berm, which upon investigation revealed that the entire cost of such a project would be that of the village. No action. Motion by Walton, second by Hunt reappointed Mrs. Lorrayne Garin as representative to the Lake Minnetonka Conservation.District for a three year term. Motion by Rockvam, second by Walton approved off -sale beer and cigarette licenses for Don's Bait Shop (Donald Dill). Notion by Hunt, second by Walton approved dance permit for Millie's Tavern for September 11, 12 and 18. Motion by Hunt, second by Walton approved dance permit for the Downbeat for September 11, 12 and 13. Reviewed rates established by the Metro Sewer Board for use of former Mound -Spring Park disposal plant. Motion by Rockvam, second by Hunt directed the inviting of bids for bituminous matting of those thorough- fares not matted. West Arm Road to be matted only to the extent of the existing travelled roadway. Motion by Walton, second by Rockvam invoices per ...Ol attached list approved for payment. Motion by Walton, second by Rockvam directed award of merit be presented to Councilman Edmund Wasik, who resigned on moving from the village. Proposed sign ordinance tabled. Motion by Hunt, second by Rockvam awarded contract for painting of exterior of village hall to Mitzees. Clerk directed to pegotiate for painting of office and proceed if price does not exceed $100. On recommendation Mr. Bush and Mr. Anderson to apply panelling in council room during the off-season winter periods. Motion by Rockvam, second by Walton appointed Councilman, Frank Hunt as acting mayor. Set September 16, 7 P.M. for special meeting. Attorney Quello informed the council that he was experiencing trouble in securing an easement from James McAninich, 3845 Togo Road for the purpose of expanding the road radius. On his recommendation and on motion by Hunt, second by Walton authorised the attorney to make an offer of not to exceed $500 for acquisition of the land. Richard Ziebell was recognized to plead for his cause in the acquisition of a portion of village land adjacent to his on Warren Ave. to develop two buildable lots. r, ,-IN His property described as plat 68059, parcel 3000 and plat 68059, parcel 4WO; Village property as plat 68059 parcel 5000. It was explained to him that it was doubtful that this could be accomplished inasmuch as the land was dedicated for use in future system expansion. Clerk directed to investigate and report. Reluctantly accepted the resignation of Mrs. Kate Bowers from the Human Rights Commission. INVOICES FOR PAYMENT SEPTEMBER 8, 1970 Blackowiak and Son, refuse pick up N.W. Bell Telephone, July 6 August Village of bound, dance police 6tuck s Hardware, misc. supplies Murphy Oil, gas and oil Pitney -Bowes, stamp machine Sterne Elect., pump repairs Blest Evans, lift repair parts Barbara Heyman, mimeo Alan Kunde, Brueek court deposition ??? Rudy Lundblad, Wasik court deposition (Downbeat) Maurice Trask, Downbeat Trial expenses, mileage and pkg. Reinhard Bros., repair part mower Tri State Drilling, pump repairs Gopher State Exterminating Suburban Hennepin County Relief Gary Phleger, criminal attorney retainer, July, Aug/ Navarre Hardware, sprinkler Stark Electronics, lift repair part Spring Park Hdw., misc. Skaret Cabinet, hardboard discs Wastonka Sales, mower parts M. J. bong Co., July and August Sun Newc"pers, legals Marina Auto, misc supplies Hennepin County League of Municipalities, dues Satellite - August Marina Drug, first aid supplies NSp Co. July & Aug. S&R 177.90 4.00 51.00 1064.00 22.42 35.91 40.75 2.88 285.16 8.00 99.00 42.00 6.00 9.20 78.45 25.00 20.00 200.00 24.68 20.45 4.23 16.00 11.75 160.30 13.50 5.13 150.00 70.00 1.91 B&C 20.50 Lifts 257.48 June b July Pumps 227.23 683.11 Minneapolis Gas Co. 3.71 3158.74 Northstar Inn, Hennepin County Bar Assn.(Brusek) 70.35 Richard K. Augustine, Deposition Frank Hunt (Bruaek) 22.25 AGENDA SPECIAL MEETING SEPTEMBER 16, 1970 ROLL CALL: 1. Employee contract 2. Snow Plowing 3. Painting of Village Hall. 4. Dance Hall Police M MINUTES SPECIAL MEETING SEPTEMBER 16, 1970 ROLL CALL: Schmidt, Hunt and Rockvam present. Notion by Hunt, second by Rockvam tabled action on 1971 employees contract until thr September 21, special meeting. Notion by Rockvam, second by Hunt awarded two year snow plowing contract to Elmer J. Peterson Co. in accordance with the terms thereof. Notion carried/ Motion by Rockvam, second by Hunt awarded contract for painting the exterior of the Village Hall (white) to Mitsees, Inc. for the an of $1091. Painting of the office interior to be negotiated. Panelling of the council room to be per- formed by village employees when time is available. Notion carried. Considerable discussion was evoked by the request of the Downbeat on the afternoon of September 5 for a dance permit for September 5 and 6 Which they allegedly forgot to request in their application for Labor Day, September 7. This presented the problem of securing special police, Which after considerable effort was arranged. The subject was then diverted to NSF checks, payable to the village by the Down- beat, one in May and one in September. The September check In the amount of $279.00, their No. 1563, presented with the application at the September 8 meeting was post dated September 15 and covered the balance of the application. On presentation to the bank on September 15 it was determined to be NSF and returned. Notion by Hunt, second by Rockvam directed clerk to notify the Downbeat that future applications must be accompanied by deposits in cash, certified check or money order. Further discussion was devoted to the operators cancel- lation of dances for which permits have been issued inasmuch as the Downbeat served notice at 3 P.M. Sui nday, September 13, for cancellation of the dance that night. This considered unreasonable notice to a police officer scheduled for that night. Notion by Hunt, second by Rockvam directed clerk to notify all dance hall operators that notice moist he served at the village office on or before 4:30 P.M. of the business day preceding the cancellation of a dance date for which a permit has been issued. Motion by Hunt, second by Rockvam approved application of Ray Borgens to conduct dancing September 18 and 19. Motion carried. Motion by Hunt to approve application of Elisabeth Brusek, the Downbeat, for September AS and 19 for which a cash deposit was made this date. The chair cAlled for a second to the motion three times - No second. Notion not carried. Atu�ov�tced meeting of Minnetonka Road Planning (committee at Minnetonka High School, September 17, 7:30 P.M. Notion by Rockvam, second by Hunt meeting adjourned. AGENDA PRELIMINARY 1971 BUDGET MEETING SEPTEMBER 21, 1970 ROLL CALL: 1. Employee Contract 4-'0" 2. Resolution No. 70-13, Fire Contract 3. Resolution No. 70-14, Police Contract - 4. Budget S. Approve Building permit Rome Sigafoos as recommended ✓ by Planning Commission. 6. Approve house move Fritz Widmer as recommended by v Planning Commission. � a Q ,e0 �' le# 7 y �a rooa /y g 1y O S � 08.1 g � � 42 al re- 70 n ,,.a MINUTES SPECIAL MEETING SEPTEMBER 21, 1970 PRELIMINARY 1971 BUDGET ROLL CALL: Schmidt, Hunt and Rockvam present. Negotiated employee contract for 1971. Motion by Hunt, second by Rockvam adopted the 1971 contract in accordance with the terms thereof. Discussed the possibility of increase in roam allowance to $50 per day for hospitalisation insurance. Clerk to investigate. Action on Resolution No. 70-13 and 70-14 tabled until after meeting with Mound representatives for the purpose of determining how the contract prices were arrived at. Set September 28, 8 P.M. for meeting with tbund police committee and any other council members who wished to attend. Action on Resolution 70-15 certifying to the County Auditor reduction in advalorem taxes for BSI. Reviewed preliminary 1971 budget and took under advisement until after meeting with Mound representatives. Motion by Rockvam, second by Hunt approved building permit for Rome Sigafoos as recommended by Planning Commission. Motion by Rockvam, second by Hunt approved building permit for Fritz Widmer to move house from Shoreline Drive to Black Lake Road as recommended by Planning Commission. i;. --Is Motion by Hunt, second by Rockvam approved dance permit for the Downbeat, September 26. Motion by Hunt, second by Rockvam approved dance permit for Millie's September 26 and 26. Further discussed the property tax situation as recommended by the State Commissioner of Taxation and enforced by the Hennepin County Assessor and Hoard of Equalization. Clerk directed to investigate costs of Employing certified, impartial appraisers to appraise current market values of specified properties. AGENDA SPECIAL. COUNCIL. MEETING SEPTEMBER 28, 1970 7:30 P.M. Mayor and Clerk open bids 103-70, Bituminous Surface. ROLL CALL: 8:00 P.M. Award Bids Meet with Mound Police Revise budget Authorize refund for dance permits and policing Downbeat Millies — ?//,/ /Q 0 t- 10 �jtCi�✓�_ MINUTES SPECIAL COUNCIL MEETING SEPTEMBER 28, 1970 ROLL CALL: Schmidt, Hunt and Rockvam present. At 7:30 P.M. mayor and clerk opened and tabulated bids for bituminous surfacing No. 103-70. Meeting called to order at 8:00 P.M. Motion by Rockvam, second by Hunt awarded bituminous surfacing contract to C. S. McCrossan as the low re- sponsible bidder. Met with Orval Fenstad, Gordon Swenson, Leonard Kopp and Patrick Wilson, Mound representatives for enlightenment as to how 1971 fire and police contract prices were arrived at which in summation amounted to rALM increases, capital outlay and depreciation of existing facilities in both departments. The Spring Park councilquestioned the Chief of Police about certain areas in which it was believed policing could be im-p proved and it was agreed that efforts will be made to correct some of the deficiencies, such as removal of derelict cars, boats, etc. Motion by Hunt, second by Rockvam approved for the Downbeat dance permit for October 3. Motion by Hunt, second by Rockvam authorized '`%� refund for dance applicationsas specified on checks 4126, Elizabeth Bruzek and 4127, Ray Borgens. -a- � Motion by Hunt, second by Rockvam adopted Resolution No. 70-14, 1971 Police Contract. Motion by Hunt, second by Rockvam adopted Resolution No. 70-13, 1971 Fire Contract. ow 'S // AGENDA REGJLAII COLi\CIL MEETING OCTOBER 5, 1970. POLL CULL: 11-1 1 ,linutr,-s regular meeting September 8, 1970 special September 16 special September 21 special September 28 2(/Rcsolution 70-15, Resolution 70 - 16 /3. WA vacancies: Ed Wasik Council V Mrs. Kate Bowers, Human Rights Comm. firs. Carol Miller of it of Ed Wasik - Rep. to library board. 4. schedule council meetings to two regular a month sus► ested. Re eal Resolution No. 69-2. 5.js eo fire hydrants i side fence - one at Skaret s residence, one at Advance Machine - correctiv action, 9 6. Clpk report ryeVbell request for acq Zisition of ' IlaC;e property. 7. inutes Planning Commission September 16. 8. Letter Advance Machine requesting semaphore at / c F Iz Z (/ intersection of 15 & 51.o mod ' ^o �!- 9..Cost of pedestrian crossing signal at Edgewater --- . / approximately $10.000 of which village will have v to absorb 75%. 10. Attorney report on West Arm Bay access - Chris Berczyk 1. Budget • 12. Sign Ordinance 13. Invoices for payment v le 14. Dance application of Doumbeat (if validated by deposit), 15. Consider posting King's Road to 5 ton axle weight to prevent semis from using it as an access after matting. 16. Solid caste removal. �; MINUTES REEGLqAR COUNCIL MEETING OCTOBER S. 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Walton present. Motion by Rockvam, second by Hunt approved minutes of meeting September 8. Motion by Hunt, second by Rockvan► approved minutes of special meeting September 16. Motion by Rockvam, second by Hunt approved minutes of special meeting September 21. Motion by Hunt, second by Rockvam approved minutes of special meeting September 28. Motion by Walton, second by Rockvam adopted Resolution No. 70-15. Motion by Rockvam, second by Walton adopted Resolution No. 70-16. On recommendation by the Mayor and motion by Hunt, second by Rockvam appointed Andor Skaret to the council to fill the unexpired term of Edmund Wasik, resigned, to December 31, 1970. I+i. Skaret accordingly sworn in by the clerk and assumed his chair. Tabled action on appointments for two vacancies on the Human Rights Commission and one for the library board. Mr. Jeffrey Parsons was recognized to dissertate on pollution in general and specifically solid waste disposal. He offered for exe-nination a moisture treated paper bag for use in leaf disposal., elaborated on its merits and further offered free distribution =� of these containers from his home, 2055 Dickson. Each of the council members was presented with an ecology flag by Mr. Parsons, the symbolism of which is defined as fellows: "Greek letter, Theta, warning of death, symbolizes the threat to earth and its atmosphere. Green stripes are for unspoiled land and white for pure air." Mr. Parsons was given a vote of appreciation and assured that the council shared in his concern about the pollution problem. Motion by Hunt, second by Rockvam adopted Resolution No. 70-17 reestablishing two regular council meetings a month. Took under advisement two fire hydrants to which accessibility has been restrained by unauthorized fntallation of fences on the Skaret property, West Arm !toad and the uok* extremity of Advance Machine property. Motion by Hunt, second by Walton referred to engineers that of Advance Machine for verification of property line. Action tabled until easements and property lines are determined. Read copy of letter of Wm. Smith directed to Advance Machine Co. presenting a number of grievances being experienced due to the company's existing parking lot. Motion by Hunt, second by Rockvam directed clerk to invite company representatives to the October 19 meeting to resolve the problems. Clerk reported on the procedures to be followed in acquisition of clear title to property described as Plat 68059, Parcel 5000, 4397 Warren Avenue to accommodate Richard Ziebell's request for purchase of a portion thereof for construction purposes. K 11 Motion by Walton, second by Skaret to deny request inasmuch as division of the property would defeat the intended purpose fbr which it was acquired. Motion carried. Reviewed Planning Commission minutes of September 16. Reviewed September 30 letter from Advance Machine Co. requesting semaphore at the intersection of CSAH 15 and 51 to alleviate traffic congestion at peak hours. Clerk reported that investigation with the highway department disclosed that a sixteen hour traffic study by their department in cooperation with the village police as a prerequisite to determine the feasibility of such a study. That a permanent installation will cost approximately $20,000 of which the county will absorb 50%. A temporary installation for study purposes may be installed at no cost to the village except for operation electricity consumed. Motion by Walton, second by Hunt introduced Resolution No. 70-18 requesting the county to proceed with feasibility report in cooperation with the Hound -Spring Park Police Department. The council was further advised that installation of a pedestrian crossing signal in the vicinity of the Edgewater Apartments will cost approximately $10,000 of which the village will have to absorb 75%. Attorney reported on the Chris Berczyk grievance relative to access road to West Arm Bay from CSAH 51. He reiterated former findings from the subdivision plat and property titles in the area which grant the access to the general public. Motion by Walton, second by Rockvam directing attorney tD deny request to Mr. Berczyk, or the village may be compelled to restrict traffic from encroaching on his property, as he alleges, L J, by the installtion of fencing. Motion by Rockvam, second by ?aunt adopted Resolution No. 70-19, 1971 Budget. Tabled action on the proposed revised sign ordinance to the October 19 meeting. Motion by Rockvam, second by Hunt approved for payment invoices per attached list. Motion by Hunt, second by Rockvam approved dance permit for the Downbeat for October 10 conditioned upon validation by payment of fee which did not accompany application. Motion by Hunt, second by Rockvam approved Utilities Superintendent's recommendation that King's Road be restricted and posted to five ton axle weight. Motion by Rockvam, second by Skaret approved Utilities Superintendent's recommendation that the intersection of Warren Avenue and King's Road be posted with three stop signs to alleviate the danger from the blind corners. Tabled to October 19 meeting the proposed solid waste and pollution ordinance. The grievance of Mrs. Curtis Johndon relative to Kenneth Falk repairing cars cosmmercially on residential property was referred to the police. The council reluctantly accepted the resignation of Mr. Fred Walton because of his removal from the village. Motion by Hunt, second by Skaret referred to the attorney for appropriAte action the failure of Fred Thomas t,) construct a privacy fence and maintain the property in a neat and orderly scanner, conditions upon which he was permitted to move the building to its present site. Motion by Rockvam, second by Hunt referred to attorney for appropriate action Against Superior Oil Co. for failure to dike oil tanks. 4 VILLAGE CLERK INVOICES FOR PAYMENT OCTOBER S. 1970 1. Transport Clearing 13.36 2. Water Products, Neptune Meters 188.00 3. Warren Cook Chemical 93.00 4. Western Concrete, Blade 28.00 5. Schoell 6 Madson, West Arm Access Feasibility (5/69)490.00 CSAH 15 (4/70) 392.00 West Arm Advance To Channel (11/68- 4/70) 498.75 1380.75 6. Village of Mound, 4th. Qtr. Police 5450.00 4th. Qtr. Fire 1205.05 Dance Police 980.00 7635.05 7. Wm. P. Johnson, Elect. Lift repair 7.51 8. Gopher State Exterminating 25.00 9. Sub. Henn. Co. Relief 8.34 10. Murphy Oil 33.37 11. Blesi-Evans, Lift repair 20.70 12. Minnegasco 13.13 13. Bituminous Roadways, seal coat contract 5749.72 14. 370'.N 15. Sun Nears, Legals 22.20 16. NSP Co. S&R 177.90 B&G 35.25 Pumps 96.20 309.35 '�`, y 15,89T.48 so°• 00 AGENDA REGULAR COUNCIL MEETING CCTOFER 19, 1970 ROLL, CALL: Acting Mayor Frank D. Hunt, Chairman 1. Advance Machine Co. parking and use of access. 2. Andor Skaret fenced fire hydrant. Cigarette applications: The Bottle Basket - retroactive to July 1 The Mtka. Mist dO dO �.y MINUTES REGULAR COUNCIL MEETING OCTO BER 19, 1970 ROLL CALL: Hunt, Acting Mayor and Skaret. In the absence of a quorum the meeting was adjourned to November 2. The Acting Mayor then explained that inasmuch as all parties directly concerned with the parking situation at Advance Machine Co. were represented thay would be heard in an open discussion but that no official action could be taken. PRESENT FOR THE AGGRIEVED: William Smith, Carl Widmer, Mrs. Lynn Rappe, Mrs. Barney Matson, Mr. and Mrs. Harold Tuttle. PRESENT FOR ADVANCE MACHINE CO. Mr. Holmgren and Chris Larson. The subject matter of the discussion closely followed the complaints registered in the October 1 letter of Mr. Smith to Advance Machine Co., of which a copy was forwarded to the Village Council. Mr. Holmgren's rejoinder stated that the company's normal employment complement is 250 and that they had made considerable effort to encourage pool riding among their employees. He further stated that consideration is being given to the in- stalltion of speed control bumps at the exit, meanwhile they will resume the posing of a man at the exit gate morning ,40F and night commencing October 20. Mr. Holmgren also suggested the installtion of a gate at the west end of the parking lot to prevent prowlers and other alleged night time annoyances. At this point the in- accessibility of the fire hydrant was drawn into the discussion. Mr. Smith emphasized the necessity of a privacy fence between his property and the parking lot to minimize the glare from night time vehicle headlights allegedly disturbing his privacy and in pursuing his grievance commented th-X"he Will install his own privacy4and organize the residents for citizens' arreasts". Chief Wilson responded to the new compalint that motorized mini -bikes on the parking lot are illegal inasmuch as they had to travel on a public roadway for ingress. He further reported that no complaints had been registered with his office concerning the alleged violations as discussed. ILLAGE CLERK AGENMA \nVEMIlEl' 7, !-. ��:�.i��irl'r��•�l��)C"'t: ►�,iP1 l r1•`�I �Wc'.or in. — �� W ti; c : mit 'irgit :edl.in 11/21/?t� to �?� /71 �.� <��t ? /1 /'�" th>-7.1 b/30/71 �' v J�V'd .' etcher's 7 11 /70 thm 6/30/71.-�� Jack Cori, hui Ldin;;, see A` ;' - coa ; Vast re AOvance ParkiR� - Ler. c . '. " i�lrim Lm'f)j for navment. I MINUTES REGULAR COUNCIL MEETING NOVEMBER 2, 1970 ROLL CALL: Schmidt, Hunt, Rockvam (late) and Skaret present. On recommendation by the Mayor and motion by Hunt, second by Skaret Robert Udell was appointed to the council to fill the unexpired term of Fred Walton, resigned, to December S , 1971. (See Resolution No. 70-23. Ayes: Schmidt, Hunt and Skaret. Upon adoption Mr. Udell was sworn in by the Clerk and assumed his chair. Motion by Hunt, second by Skaret set September 4, 7:00 P.M. for meeting of the Canvassing Board. Mption by Hunt, second by Skaret approved trailer permit for Virgil Redwing from 11/21/70 to 2/21/71 Motion by Hunt, second by Udell approved cigarete licenses retroactive to July 1, 1970 for the Bottle Basket and Minnetonka Mist. Motion by Hkmt, second by Skaret, approved cigarette license for Lord Fletcher's retroactive to July-1, 1970. ROCKVAM PRESENT Lotion by Skaret, second by Hunt rejected application by Jack Corl for building permit until he can produce evidence of available space for the parking of a minimum of seven cars off street. Mr. and Mrs. Wm. Smith, Lynn Rappe and Carl Widmer were present to further pursue the grievance relative to Advance Machine parking �ft, lot. The company was not represented. Mr. Smith was the apparent spokesman for°the aggrieved and asked the questions, among others, "Why is parking permitted on property zoned residential?"; "What • does the council propose to do?". Mr. Smith digressed from the subject and among other things accused councilman Hunt of being prejudiced in favor of Advance Machine -o. as a result of the October 19 informal discussion, which was categorically denied by Mr. Hunt. At this point:., the Mayor found it necessary to remind Mr. Smith that the discussion will be restricted to the subject. Motion by Rockvam, second by Hunt referred to attorney for legal determination of zoning of the ;property involved and the relationship to Ordinance No. 19:08, 'bff Street Parking". An outcropping of the debate was the c:.isting propane tank on the Advance Machine property and the use of West Arm Road east as access to filling the tank and the fencing of the fire hydrant. Tabled for further investigation. Motion by Rockvam, second by Skaret approved for payment invoices as per attached lib' Councilman Skaret introduced a personal grievance relative to the matting of the traveled roadway abutting his property and -the alleged disruption of the open area between the'mat and his fence. It was brought to his attention that the rainy weather would not permit the placement of Class 5 gravel bwhich was planned. Mr. Skaret insisrad that the area be bituminous matted.! He was again informed that the villa& ..;as limited as to the extent it �r could go in recovery of the previously existing area, which was comprised of a compacted Class S base with only a fluid bituminouR mix spreyed atop to form a relatively hard crust. •' Clerk f a ES FOR PAYMENT NOVEMBER 2, 1970 1. Marina Drug 1.19 2. Murphy Oil, gas and oil 22.84 3. Miller -Davis, office splys. 16.95 4. Jano, Inc., Ballots 24.00 5. Lyle Signs, stop signs 65.18 6. Larson Tank Co., clean watersphere (contract) 450.00 7. Royfax Corp., copy paper 71.07 8. Premier Prods., fluorescent tubes 12.34 9. Allan T. Quello, Downbeat 1500.00 10. Allan T. Quello, McAninch easement Togo Road 250.00 11. Gary Phleger, Sept. Oct. retainer 200.00 12. Minnegasco 28.80 13. Reed Agency, increase premium 6.00 14. Barbara Heyman, mimeo for election 9.00 15. Gopher State act erminating 25.00 16. N.W. Bell Telephone 25.80 17. Suburban Hennepin County Relief 119.71 18. Blackowiak & Son, rubbish pickup 4.00 19. M. J. Long Co. 79.60 20. Chapin Publishing Co., legal pub. 30.50 21. NSP Co. S&P 177.90 B&G 23.35 1 Lifts 90.21 Pumps 75.15 366.61 3308.59 r!I NUTES "'� CANVASSIt\4G BOARD NOVEMBER 4, 1970 ROLL CALL: Schmidt, Hunt and Skaret present. Pursuant to M.S.A. 205.06 the following is a statement cf the count on canvass of votes by ballot at the annual Village election at the precinct in the Village of Spring Park, County of Hennepin, held November 8, 1970, as proclaimed to the voters by the clerk of election. FOR COUNCILMAN -- Three Years Michael Fadell 181 James C. Rice 174 Motion by Hunt, second by Skaret approved canvass and declared Michael Fadell elected to the office of councilman. All yeas of those present. mom VILLAGE CLERK ACES ":EGU AR COUNCIL METING INOVENMt 16, 1970 ROLL ".P_LL : 1. Fin"tes October 5 meetins v t:ctaber 19 meetinsv Nnvemher 2 meeting November 4 Canvassing Boardv 2. [R:esoltion 70-23. , 3. Fred Thq as and new owners re privacy fence and poor Rrounds keeping.t-�-� '+. Letter R. J. Gorra re reimbursement for faulty road matting by It, L. John Co., subcontractor for Noyes Construction. So Appointments; � to Human Rights Covmission One Library Hoard ---- �j � l One Planning Cpmmision 6. Tipi Wakan sign Mr. Or Mrs. Carlson 7. Applications: I 1. N.W. Bell Telephone for manhole near intersection 15 & 51. County has apa: - �. 1 2. Dance - Lord Fletchers,ember 31 3. Dance - Downbeat, 11/2 111 8, 12/5 ( no fee with application) R.t Superior nil Co. tfnk dikes. 9. MacWilliams settlement - Attorney Gas Co. 3800 t 5 service$ l$50 tt n r W1the) d 1145.44 10,795� Int, at 6w from Y 1/1/65 3,605.39 — 149600.63 Attorney offered to settle for $13,000. Cancel final payment check #2278 (1967) amount $706.94 If approved check to be made payable to Russell Sorenson attorney for MacWilliams Construction Co.,. W. Announce League of Women Voters open forum November 19. 7:10 P.M. at Grandview Juniour High, Mound for sharing ideas nn village consolidations. v it. Solid %taste disposal, and pollution ordinance (As written it is essential that aetio taken to meet the January 2 target date. 12. Advance Parking Lot- Report from attorney ettition , submitted at :45 P.M ate. Me 13. OctoberObItce report 14. Lord :'fetchers • Kitchen waste -,engineer's report. f.-Aiw j Y17 /E. a o r W MINUTES REGULAR MEETING NOVEMBER 16, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Skaret and Udell present. Motion by Hunt, second by Rockvam approved minutes October S meeting. Motion by Hunt, second by Skaret approved minutes November 2 meeting. Motion by Hunt, second by Skaret approved minutes of Canvassing Board November 4. Fred Thomas appeared in response to a directive from the Village Attorney to comply with agreement made with Planning Commission April 23, 1969 relative to maintenance of the property on which he had requested authority to move a building; one stipulation being the provision of a privacy fence at the north boundary of the property. Mr. Thomas presented a land survey of the property dated December 13, 1968 which included the notation: "Legal advice is necessary to determine what portion of Warren AYenue was due this property due to the vacation of said avenue." He stated that he could not proceed with the fence in- stallation until he was presented with a quit claim deed for determination of property line. Referred to attorney. Motion by Rockvam, second by Skaret denied claim of M. J. Gorra for reimbursement in the amount of $150.00 for correction of Island Drive settlement due to alleged faulty compaction of back fill for water extension performed by D. M. Noyes Construction Co. Any monies witheld from the contractor have been subjected to attach- ment under judicial process in District Court and a levy by the Internal Revenue Service. Mayor volunteered to be representative to Library Board until appointment to vacancy can be made. Mayor asked Westonka Sun representative to maKE news release appealing for two representatives to Human Rights Commission. Motion by Rockvam, second by Udell granted authority to Mr. Carlson, manager Tipi Wakan apartments, for the moving of apartment directional sign from location on SW corner of J. R. Clark property to N.E. corner of junction of CSAH 15 and 125 subject to approval of Chief of Police and for a period of thirty clays. Motion by Hunt, second by Skaret approved permit for N.W. Bell Telephone to install manhole on county right of way highway 15 near easterly juncture with CSAH 51. Motion by Rockvam, second by Hunt approved dance permit for Lord Fletcher's of the Lake for December 31. Mr. Hunt asked to have written into the record "do they have adequate parking?" /_zz�. Motion by Hunt, second by Udell denied dance permit of the Downbeat for November 21, 28 and December 5 for failure to deposit fee with application a= required by Ordinance No. 17:03. Attorney reviewed MacWilliams special jury verdict negotiations with plaintiff's attorney. Jury awarded $10,795.44 plus interest from January 1, 1965 in the amount of $3805.99. It was mutually agreed by stipulation that the claim would be settled for $13,001 principal and interest, resulting in an interest saving of $1600.83. Announced League of Women Voters open forum November 19 designed to share ideas on village consolidations. Proposed Anti -Pollution Ordinance was on the agenda with comment that it is essential that action be taken to meet the January 2 target date. Council asked that meeting with Mound Council be arranged. Pursued further the Advance Machine Co. parking lot. It was determined by the attorney that the part of Lot 22, Langdon Park, acquired by Advance machine Co. is zoned residential and he recommended that the company petition for rezoning through regular channels. Councilman Hunt reported that he and Mr. Bush had observed the afternoon exiting traffic from the parking area this date and found it moving in an orderly, cautious manner, but qualified his observation with the possibility r---ti that the drivers may have exercised caution with the presence of sentinels. He further stated that no company attendant was seen on duty, but it evolved during the course of the discussion that a company man had been seen from time to time stationed in a car or truck. Carl Widmer asked, "does the viltlage have the right to deny access?" Attorney responded by stating he thought the village could direct the company to close the access gates and find other means of access. Mrs. Borghild Kent, Mr. and Mrs. Harold Tuttle, Fred Raiche, Carl Widmer and Mr. and Mrs. Win. Smith were present. Council directed attorney to meet with Mr. Holmgren of Advance Machine Co. and apprise him of the temporary conditions imposed by the council until the situation can be resolved. October police report reviewed. Motion by Rockvam, second by Skaret directed that Lord Fletchers of the Lake comply with Section 2:08, Ordinance No. 32 within thirty days. Motion by Skaret, second by Hunt approved building permit for Jack Corl for eJdit'&on to laundromat. Clerk directed to invite Orono Village Council to meet for the purpose of discussing interconnection of water systems as requested by them. -- q The two fire hydrants enclosed by fencing came under discussion. That on Advance Machine property has been extricated in accordance with recommendations of the fire chief. That on the property of Andor Skaret was yet presenting a fire protection problem. Mr. Skaret suggested that the existing hydrant be left in place and a tie-in be made to another hydrant to be located on the right of way of the roadway. The mayor in summation recommended that the fence be movt,� north eight feet to conform with the ordinance move the hydrant to within the right of way at the owner's expense inasmuch as it was originally spotted on an easement in favor of the village and prior to the time Mr. Skaret had acquired the property. Directed Mr. Bush to check road width at this point to determine available space and report at next meeting. Directed that water at Widmer Bros., Shoreline Drive commercial property be metered. Motion by Hunt, second by Udell authorized the rental from Willar(I Bush of tools and equipment for building remodeling for $150.00. Property taxes discussed again. Concluded that a rep- resentative of the State Tax Commissioner's office be invited to meet with the council. ►M_i I117AGE CLERIC MI PJUTES SPECIAL MEETING NOVEMBER 20, 1970 ROLL CALL: Schmidt, Rockvam, Skaret, Udell and Hunt present. Meeting called to hear on the application of Elizabeth Bruzek, The Downbeat, for dance permit for November 21, which had previously been denied for failure to deposit fee. Application was subsequently satisfied by deposit. Motion by Skaret, second by Rockvam, Hunt dissenting, approved permit for November 21 in accordance with Ordiance No. 17:03. 1 MINUTES SPECIAL COUNCIL MEETING NOVEMBER 23, 1970 ROLL CALL: Schmidt, Hunt, Skaret and Udell present. Motion by Hunt, second by Skaret approved dance permit for the Downbeat November 28 and December S. } 1�0/ AGENDA#6 C")UN1 al. MEETING; DECU} 1. � imites- Pomlit r reetin- 16 Lc \c)t•vI l)er 23 600 2 'nadir - i imi 7V-^_4 Adopted 11 /16/70 1. Taycees for snowmobile racin,-, 4000,00, '-tn 51NrIn—, mirk Eiay. 't . Thor u. y. i -n ;i—' i_cation. Mint car wash 1211)11 x te;' -ems c•rztry for oneninr ofjar wa; 6. 4,1te F11toridat. ni • 3♦ ��1. !'inn. Lea -tie request for municipzl vote irr or tt,!atinosr for state ;;uatrantee of local bond issues a-%l shirt teem f tnanci og ". ll it: 'Iel le— volunteer as represettta Live to 'tt.mmn 1�1�,11i5 '',,rvC"t-,-S l:•tl . t(:. ::1erk's letter tl/25 to attorne,,• re Downbeat _•eeuestiiw leital onit,inn in ;0� rthe: suntus of Irdin: r.ce 17:03. roow Stthttrhan tlennopin County Relief r,-)ntazlrt for 1U71 1"' .� thii f,�rri sn(�l.-tc)hi 1 �� Ul'diR8ilCl' 13. Lee Slvch.- a roc}nest to use vi'arren Ave. right of way ✓ f•- paz-kin:- Utnuary 2 for 13av and Cub Scou. fishing c:.,ntvs, -n ?Jest Arm Rav, olc'. Nwport site. '.Dater P,at:c•l and Police to sis[ , �- 14. St-o -et fence ::nd hvdrant. &00' l'. "I �nnin• minutes: �'ct. 21, Nov. IS ,4 23. :0000 ;. n t `C'E•Jat1 - Bui l hint; permit r,�,•.:t►-Cat - `�;?t10E` 12/17, 11'1 ��, 12/26, 12/31, 1470 �l nd .T;; •v�2, 1()71"(\., deno 't filc(l of 124/70) 1 tn,•,?i .es `ot- n.1�z1Cnt�/ IF. t%,n()in`ir-ints: Plannin- Comini scion - ' �"■�' 1.i hrary rioa:'d 1 tiurran Ri ^hts c:cxmr. pC C F jj MINUTES REGULAR COUNCIL MEETING DECEMBER 7, 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Udell present. Motion by Rockvam, second by Udell approved minutes November 16 meeting. Motion by Hunt, second by Rockvam approved minutes special meeting November 20. Motion by Hunt, second by Rockvam approved minutes November 23 meeting. Publicly read Resolution No. 10-24 adopted November 16. John Erickson, Mohawk Jaycees, who requested t6me on the agenda to secure authorization for use of Spring Park Bay and adjacent village jurisdiction for annual snowmobile races, did not appear. Fred Thomas who requested time on the agenda for an un- disclosed appeal did not appear. Motion by Rockvam, second by Hunt approved, subject to approval of the Chief of Police, the installation of three temporary signs at Munz Car Wash. Permit to extend for a period of sixty days from date of installation. Motion by Hunt, second by Rockvam adopted Resolution No. 70-27 of fluoridation equipment. Again introduced proposed sign ordinance. Motion by Hunt, \� second by Udell directed clerk to invite representatives of all businesses to a meeting 7:30 P.M., January 11, 1971 for a public reviewal before adoption. Motion by Hunt, second by Rockvam directed clerk to submit to Minnesota League of Municipalities a yes vote to lobby for State guarantee of local bond issues and a no vote for short term financing. Invited Mrs. Ellie Heller, volunteer candidate as representative to Human Rights Commission. Reviewed clerk's request to attorney for legal status of Ordinance No. 17:03 and response thereto. Motion by Rockvam, second by Hunt adopted Resolution No. 70-26, renewing contract with Suburban Hennepin County Nursing Service for 1971. Motion by Rockvam, second by Hunt adopted Resolution No. 70-25 renewing contract with Suburban Hennepin County Relief for 1971. Reviewed proposed Hennepin County League Uniform Snow- mobile Ordinance. The Mayor further pursued the establishment of snowmobile routes over public streets and property intended to facilitate access to the lake. Council was given reduced size village maps showing existing streets and roads on which they could show proposed routes for presentation at the December 21 meeting along with revisions to Ordinance No. 5:05. Mr. Bush directed to consult with Chief of Police relative to feasibility of establishing snow mobile routes on village streets. Councilman, elect, mike Fadell, was recognized to pursue a previous request for the development of a hockey and skating rink at Thor Thompson Park. After exploratory questioning the council requested Mr. Fadell to prepare a cost report for presentation at the December 21 meeting. Motion by Hunt, second by Rockvam sanctioned the request of Leo Slechta to use the north right of way of Warren Avenue for overflow parking during the Boy and Cub Scout fishing contest on West Arm Bay January 2, 1971. The Central grounds to be at the old Newport site. The Water Patrol and police department to assist with traffic control. Motion by Hunt, second by Rockvam directed PIr. Skaret to remove within 48 hours one section or a minimum of fifteen feet of fencing from that causing inaccessibility to the fire hydrant situated on an easement on his property. Reviewed Planning Commission minutes of October 21, November 18 and 23. Motion by Hunt, second by Udell, Cockvam abstaining, approved building permit for J. P. Rockvam for the rebuilding of that portion of the boat yard building damaged by fire. Motion by Hunt, second by Udell approved dance permits for the Downbeat for December 12, 19, 26, 31, 1970 and January 2, 1971 contingent upon depositing required fees and payment of delinquent sewer and water. bill. Motion by Rockvam, second by Udell approved dance permit for Millie's tavern for December 31 contingent upon securing orchestra commitment within 46 hours. [Motion by Udell, second by Hunt directed clerk to notify dance hall operators that Ordinance No. 17:03 will be strictly enforced after January 1, 1971. Motion by Hunt, second by Rockvam adopted Ordinance No. 19:09. Set December 14 for meeting with Mound Village Council for further study of proposed uniform anti -pollution ordinance. Councilman elect, Mike Fadell, again approached the subject of a skating and hockey rink at Thor Thompson Park. After discussion of the ramifications Mr. Fadell will conduct further surveys and arrive at estimated costs for presentation to the council at the December 21 meeting. Tabled until after first of year request of Village of Orono for joint meeting to discuss interconnection of municipal water systems. Read letter from Advance Machine Co. advising that they had referred to their attorney request to initiate petition for rezoning of that portion of their existing parking lot from residential to an accommodating zoning. Motion by Hunt, second by Rockvam, directed Utilities Superintendent to install two stop signs - one on the south side of r:ie railroad tracks approach and one on the north side of West Arm Road East - as recommended by the Chief of Police to control traffic movement. Mayor entered grievance about the condition of NeAninich property, Togo Road and Park Lane. He specifically referred to a small building installed at the rear of the house and to the fact that vehicle access to the residence was being made over the bituminous curbing installed by the village. Motion by Udell second by Hunt referred to attorney for investigation and action. Motion by Rockvam, second by Udell directed attorney to secure complying action by December 14 on the Fred Thomas property on King's Road VILLAGE CLERK INVOICES FOR PATIENT DECEMBER 7, 1970 1. Pitney -Booms, rental 15.60 2. A. J. White, property tax lists to Co. Auditor 2.97 3. Journal Water Pollution Control (1971 membership) 19.00 4. M. J. Long Co.', Oct. Nov. audit 154.20 5. Schoell & Madson S&R 1321.50 Court 22r.00 1546.50 6. E. G. Patterson, Parking & mileage, court 23.20 25.20 7. Widmer Bros., Mach. rental 24.00 8. C. S. McCrossan, bituminous matting contract 10859.98 9. Elmer J. Peterson Co., labor and mach. rental 155.90 10. Warren Cook Chemical 93.00 11. Transport Clearing, freight on above 14.41 12. Marina Auto Supply, tools 30.35 13. Amr. Wtr. Works, Assoc. (1971 membership) 20.00 14. Minnetonka Spur, gas and oil 27.16 15. Sub Henn. County Relief, November 186.78 16. Village of Mound, Library, 1/4 mill 266.38 17. Gopher State Exterminating 25.00 18. Reed Agency, Clerk & Assessor bond (1971) 40.00 19. Barbara Heyman, mimeo 6.00 20. N.W. Bell Telephone, Oct. & Nov. 51.30 21. Mpls. Gas Co. 53.61 22. NSP Co. B&G 25.94 Pumps 67.95 Lifts 238.39 S&R 177.90 510.18 23. Village of Mound Sewer Rodding 97.50 Dance Police 140.00 237.50 24. Water Prods. Co., gaskets 12.54 25. Chuck's Hdw., misc. 18.96 26. Sun News Subs. 6.50 Legal 202.80 209.30 27. Blackowiak & Son, rubbish haul 9.00 14,614.82 28. Allan T. Quello, Macwilliams case 1,700.00 16,314.82 MINUTES ,—. REGULAR COUNCIL MEETING DECEMBER 21, 1970 ROLL CALL: Schmidt, Hunt, Rockvam, Udell present. Motion by Hunt, second by Rockvam approved minutes of the December 7 meeting. Public reading of Resolution No. 70-27. Approved revised building permit application. Motion by Hunt, second by Udell set 8:30 P.M., January 11, 1971 for public meeting to apprise general public of proposed anti -pollution ordinance. Fred Thomas was recognized to pursue specified requirements set forth for the moving of his building to the King's Road site. He informed the council that the privacy fence had been temporarily installed pending determination of property line and ground frost will permit permanent installation. Further stipulations in the permit were discussed and evolved into a vociferous exchange between councilman Udell and Mr. Thous regarding painting of the building. Mr. Udell, having been on the Planning Commission at the time of making the recommendations recalled that painting of the building was a requisite while Mr. Thomas maintained the contrary., Clerk directed to mail a copy of the April 23, 1969 Planning Commission minutes to Mr. Thomas. Motion by Rockvam, second by Hunt, Udell abstaining, kmapproved for payment $370.00 invoice of Fred Thomas, Inc. which had previously been disapproved pending fence construction. Discussion was again directed to the proposed revisions of Ordinance No, 5:05, Snoinobiles, intended to bring the ordinance into conformance *ith the proposed Hennepin County League of municipalities uniform ordinance. Incidental to this discussion Charles LaBatte was recognized to register a grievance about the manner in which Chris jerczyk is obstructing the public access to 'Nest Arm Bay by piling snow on the lake at the terminus of the roadway. Motion by Hunt, second by Udell directed clerk to notify Mr. Berczyk to remove the snow already placed and to desist in the future. John Erickson, Mohawk Jaycees, was recognized to request headquartering snowmobile races in Spring Park January 2 and 39 1971 as an alternative site in the event there is not sufficient snow for over land racing as planned. Motion by Rockvam, second by Hunt, approved. Mike Fadell was not present to present additional facts relative to the establishment of a skating rink. Motion by �n(•kvam, second by Hunt approved trailer permit for Widmer Bros., .��� _aty days contingent upon compliance with Ordinance No. 9:00and 9:01, Motion ;3y rockvam, second by Udell concurred with Mound 40 Village Council that Hennepin County Library Board shall assume rental and maintenance expenses as soon after January 1, 1971 as possible and reimbursement for expenses incurred and paid shall be made at the time the Board assumes full responsibility. Appointed Frank Hunt to examine Ektacolor prints of Hennepin County at court house to determine if purchase is feasible. Read Planning Cormission minutes of December 17. Reviewed November police report. Motion by Rockvam, second by Punt approved for payment invoices per attached list. Attorney directed to investigate charges instigated by the Mayor that an outbuilding was constructed and maintained without a permit; that the residents were crossing the bituminous curbing to gain access to their off street parking and that rubbish was being stored on the McAninch property, Togo Road and Park Lane. Motion by Hunt, second by Udell set 7:30 P.M., December 30 for final meeting of the year. In the absence of the attorney clerk gave a verbal resume of the progress of the Downbeat appeal in District Court, LLAGE CLERK INVOICES FOR PAYMENT DECEMBER 21, 1970 1. Blackowiak and Son 2. Fred A. Thomas, remDving pump house 3. Gary Phleger, criminal atty., Nov. & Dec. jury trial 4. Northstar Inn, lunch during Macwms. trial 5. Chuck's Ndw., misc. 6. Lyle Signs - stop signs 7. Drews Electric, wiring to date 8. Bostitch McClain, flooring nails 9. Water products Co., Valve Box extensions 10.00 370.00 200.00 150.00 350.00 69.31 23,24 43.98 555.00 31.40 25.95 1478.88 AGENDA SPECIAL MEETINC DEMME'% 30r' 1970 1. 141nutes ret,';ular meeting December 21 Invoices for payment 3. 'ridge gallery -- cocktails January 15. 4.1k Police raid, December 29. > f c c �. .-I k4 MINUTES SPECIAL COUNCIL MEETING DECEMBER 30, 1970 ROLL CALL: Schmidt, Hunt, Rockvam and Udell present Motion by Udell, second by Rockvam approved minutes of December 21, meeting. Motion by Hunt, second by Rockvam approved for payment invoices per attached list except that of M. J. Long Co. contingent -%pon furnishing a break down of costs. Discussed Bridge Gallery publicity concerning the serving of cocktails at a benefit banquet at the Downbeat January 15, 1971. Referred to police. Council informed of drug abusers apprbhension in Village December 29. MOICES Fnh PAWIENT DECUIBER 30, 1971D 1. Allan Quello, 1970 Retainer 360.00 2. Lawrence Brakke, Bldg. Inspector 2/3 of 301.70 201.11 3. M. J. Long Co., 1969 audit 1400.f' 4. Awards, Inc., engraving 5.30 5. Unitud Building Centers, Inc., remodel materials 1358.10 6. Sun Newspapers, Inc, Lebals 14.25 7. E. G. Patterson, reimburse cash advance 4.10 8. Elmer Peterson Co., plow and sand 433.50 Mach. rental 119.00 552.50 9. NSP Co., Sts. & Rds. 177.90 4092.48 SUPPLEMENT I\✓OICES FOR PAYMENT DEMMER 309 1970 1. Murphy Oil Corporation 2. Minnegasco 3, Gopher State Exterminating 4. Suburban Hennepin County Relief 71 12.40 91.83 25.00 107.32 226.55