HomeMy WebLinkAbout1957-020 Council OrdinancesORDINANCE NO. 20
THE VILLAGE OF LINO LAKES
AN ORDINANCE ESTABLISHING RULES GOVERNING CONDUCT AND PROCEDURE
OF THE VILLAGE COUNCIL OF THE VILLAGE OF LINO LAKES, MINNESOTA.
Thu Village Council of the Village of Lino Lakes dows ordain as
follows:
RULE1. The Village Council shall have regular sessions on
the 2nd and 4th Mondays of each month at 8:30 o'clock P.M., and,
if such Monday shall fall on a holiday shall have itF regular
session the next following day, and adjourned and special sessions
at any other time the council may deem proper.
RULE 2. The mayor shall preside at all meetings of the
council. In the absence of the mayor, the acting mayor shall
preside. In the absence of both, the trustees shall elect one
of their number a temporary chairman. The acting mayor and
temporary chairman when occupying the place of the mayor shall
have the same privi leges as other members.
RULE 3. At all meetings of the council, a majority of the
council members elected, shall constitute a quorum to do business.
RUL_E_4_, At the hour appointed for meeting, the members
shall be called to order by the mayor, and in his absence by
the acting mayor, and in the absence of both, by the clerk.. The
clerk shall call the roll, note the absentees and announce whether
a quorum be present. In the absence of the clerk the mayor shall
appoint a secretary pro ten. 'ipo: tho appearance of a quorum
the council shall proceed to bust:, °» which shall be conducted
in the following order:
I. Ca l l to order
2. Roll Call
3. Reading of the minutes of the last meeting, which if no
corrections be offered, shall stand approved.
4. Presentations of oetitions, memorials, and demonstrances.
5. Reports of standing committees.
6. Reports of special committees.
7. Reports of officials.
8. Notices and communicatiorms.
9. Introduction of ordinances.
10. Unfinished business.
II. "-lotions and resolutions.
12. Special order of business.
13. Presentation of claims.
14. Adjournment.
i
RULE 5. The presiding officer shall preserve order and
decouum and shal I decide questions of order subject to an anneal
to the counci I. The presiding officer may make motions, second
motions or speak on any question provided, however, that in order -
to do so, upon demand of any one council member, he shall vacate
the chair and designate a trustee to preside temnorari ly. The
mayor shall be entitled to vote like other members. of the council.
RULE 6. Every member, previous to his speaking, shall
address the chairman and shall not proceed unti I he has been
recognized by the chair. He shall indulge in no personalities,
and shall confine his remarks to the matter under debate.
RULE 7. No member shall speak more than twice on any
question, nor more than five minutes each time without unanimous
consent of the counci I.
RULE 8. A member called to order shall immediately suspend
his remarks unti I the point of order is decided by the chair.
RULE 9. Every motion except to adjourn, postpone, reconi der,
commit, lay on the table, or for the previous question, shall be
reduced to writing if the chair or any member requires it; when
made and seconded, it shall be stated be the chairman of amendment,
or any disposition thereof has been made, or a vote taken thereon.
RULE 10. All resolution shall be in writing.
RULE II. When a question is under debate no motion shall
be entertained, unless to adjourn, to lay on the table, to
act on the previous question, to nostoone, to commit, or to
amend, which several motions shy,! I "..eve precedence in the order
in which they are named, In d the first three shall be decided
without debate.
RULE 12. Any question shall be divided at the request of
any member when the same will admit thereof.
RULE 13. When a question is put by the chair, every member
present shall vote unless for special reasons the council shall
excuse him; but if interested he shall not vote. In doubtful
cases the chair may direct, or any member call for a division.
The ye,'as and nays shall be called upon a requisition of the
chair or any member, in which case the names of the members
voting are required to be recorded in the minutes.
RULE 14. All questions shall be put in the order in which
they are moved, except in case thf privileged questions.
RULE 15. The previous question shall be put in these words:
"Shall the main question now be put?" It shall be admitted on demand
of any two members, and until decided shall preclude all amendments and
debate of the main question.
RULE 16. ALL COMM I TTEES INCLUDING STANDING COMM I TTEES shall be
appointed by the chair, unless expressly ordered by the council.
RULE 17. After an ordinance shall have passed a complete and ac-
curate cony as amended shall be made by the clerk and shall be signed by
the mayor or in his absence by the acting mayor, and deposited with the
clerk, who shall attest, seal, number, file, and record or place the
same permanently in the ordinance book. Entry of the complete ord-
inance as amended directly into the ordinance book and orginal signatures
and seal thereon shall be in complaince with this section. The affidavit
of publication shall be permanently inserted in the ordinance book
after each ordinance.
RULE 18. Petitions and other papers addressed to the council
shall be read by the clerk upon presentation of the same to the council.
RULE- 19. All sessions of the council shall be public.
PULE 20. The marshal (Chief of Police) shall attend meetines of
the council when requested to do so by the mayor and preserve order in
the room.
RULE 21. These rules, or any of them, may be temporarily suspen-
ded by consent of a me jori ty of all councilmen, and shall not be re-
pealed, altered, or amended, unless. by concurrence of a majority of the
whole council, and upon notice given at some precedinn meeting.
RULE 22. In all points not covered by these rules the Council
shall be governed in its procedure by Robert's Rules of Order.
RULE 23. The foregoing rules are adopted to facilitate the trans-
action of council business and functions. They should not be permitted
to defeat or hinder the plainly expressed intent and desire of the council.
Informal complaince and substantial performance shall be sufficient
under the foregoing rules in the absence of objection seasonable taken.
Objection is hereby declared not to have been seasonable taken as
to procedural matters provided for herein if a counci 1 memeber present
at a meeting fai Is to object during the meeting and requests com-
plaince with these rules, and such objection shall not be seasonably
taken by an absent member later than the next regular meeting after the
proceedings to which the objection is made.
RULE 24. Special meetings may be called by the mayor or any two
members in writing, fi led with the clerk at least one day prior to the
time specified for such meeting. The clerk shall mail a notice at least
one day before the meeting to all members of the time and place of the
meeting and its purpose, if the purpose be stated in the call filed with
him. The clerk shall prepare and file in his office an affidavit by
him showing mailing of such notices in the manner here prescribed.
Special meetings may be held without notice when all members
are present and take part in the meeting or consent in writing to
hold such special meetings without other notice. Such written
consent shal I 'be fi led with the clerk prior to the commencement of
:such meeting. Any special meeting attended by all members shall be''
a requiar meeting for the transaction of any business that may
come before it.
RULE 25. Manner of voting. Votes of the members on any
business coming before the council may be by voice vote, or in
such other manner of voting as may signify the intention of the
members, provided, however that upon request of any one member of
the council such vote shall be taken by escort written ballot.
Any affirmative or negative vote by a member shall be entered
in the minutes at this request. Aye and nay vote shal I be taken
upon motions at the request of one member and the results entered
in the minutes. Every member shall vote in such case unless the
cou cil by majority vote shall excuse a member from voting.
RULE 26. Minutes of the meeting shall be kept by the clerk.
They shall be s;gned by the clerk, and shall constitute an official
record of the council proceedings. Upon approval of the minutes
at a subsequent meeting of the council, the mayor shal I sign the
minutes. Lack of such mayor's signature or counci 1 approval shall
not invalidate such minutes as official records.
In the event the clerk shall fait or decline to amend or
change his minutes, upon informal request, at the time they are
submitted for approval , the council may by motion carried by
majority vote amend the minutes. Such amending motion shall become
a part of the minutes of the subsequent meeting.
Passed this 26th day of August, 1957.
/s / Arno I d Ke l I i ng, Mayor
Attest:
Harry Prouix, Clerk
Published in the Anoka Herald, Sept. 5, 1957.
and Zoning
8, 1979
,,The developer for East Birch Addition inquired as to why Mir. Hahn was not informed
that there was an ordinance. This apparently had been up to the building inspector.
There also was a communication problem with the city offices and residents.
The next item on the agenda was a variance application by Mr. Cunningham for a long
driveway over 300 feet in length. Mr. Cunningham was present. He was told that the
purpose of the ordinance was to inform him that maintenance of the driveway was his
responsibility and not the responsibility of the City, and that it should be main-
tained such that emergency vehicles can get back to the property in case of fire.
Beyond that the only other problem in this type of case was where someone had wanted
to sell parcels of land off the driveway. In_this case, he would have had to bring
the driveway up to the standards of the city streets. Mr. Shearen moved to recom-
mend approval to the Council.' Mr. Doocy seconded'the.motion. All were in favor.
Motion declared passed. This will be on the Council 'agenda for July 23.
A letter from the planner in reply to the Commission's request to review duplex
development in R-1 zones was read by Mr. Gourley. He suggested that thi might be
one item the P & Z should look at. This request had been generated by l ftehbein's
proposed rezone for duplexes, which will come up at the next meeting. It was
suggested he rezone the 4 lots as well as his own as one package and under one fee.
The Clerk is requested to relay this to Mr. Rehbein.
The next item on the agenda, under old business, was Mr. Locher's review of Ordinance
No. 20 in light of recent changes in open meeting laws. The review had been requested
at a previous meeting. Mr. Gourley read the letter from the attorney and the items
in the ordinance referred to. After discussion of the attorney's comments, the
following changes were recommended:
Rule 1--in reference to the meeting time of 8:30 p.m. This should be eliminated
entirely from the ordinance.
Rule 9--As recommended by the attorney, the word "of" in the fourth line should be
changed to read "if."
Rule l0--It was felt rule 10 should be removed from the ordinance entirely.
Rule 21--The rule should read as is with -the addition of the following: "The rules
may not be suspended, repealed, altered or amended when such action would
not otherwise be in compliance with Minnesota Statute."
Rule 24--The following addition should be made to rule 24: "If there are special
meetings held, every effort should be made to post a notice of the meeting
and to contact the newspapers that are disseminated in the City, and even
to contact radio stations and to notify anyone who may be particularly
interested in any matters that may be discussed at any special meeting."
Rule 26--The following should be added to rule 26: "The deputy clerk, who has been
appointed by the clerk, may act in place of the clerk, the clerk, in such
instance, being responsible for the actions of the deputy clerk."
As now drafted, the provisions of Ordinance No. 20 apply only to the City Council.
It is recommended that Ordinance No. 20 be expanded to include all commissions and
subdivisions of the City Council.
Mr. Heath moved to recommend these changes to Ordinance No. 20, as outlined above,
to the Council. Vi Schwankl seconded the motion. All were in favor. Motion declared
passed.
BABCOCK, LOCHER, NEILSON & MANNELLA
ATTORNEYS AT LAW
118 EAST MAIN STREET
ANOKA, MINNESOTA 55303
EDMUND P. BABCOCK
LANDOL J. LOCHER
JAMES M. NEILSON
FELIX A. MANNELLA
JOHN R. SPEAKMAN
ROBERT F. MANNELLA
STEPHEN M. HALSEY
WILLIAM D. SCHUTTER
June 8, 1979
Marilyn Anderson, Deputy Clerk
City of Lino Lakes
1189 Main Street
Lino Lakes, Minnesota 55014
TEL: (612) 421-5151
NORTHTOWN OFFICE
NORTHTOWN CENTER
117 NORTHTOWN DRIVE
BLAINE, MN. 55434
TEL: (612) 786-0250
I enclose, herewith, a copy of your letter of June 5, 1979, for
reference. Iwill endeavor to answer the questions in the order
that they were presented in your letter.
I definitely feel that the City Council can, if reasonable, for
safety and the protection of the people who will be living in the
plat, require anyone to provide adequate ingress and egress. In
this instance, if such adequate access cannot be obtained other
than going through the adjoining plat, I do not believe that the
City Council can force purchase of the property by the platting
developer; however, the City could construct a street and handle it
as a special assessment, following the usual requirements in Minnesota
Statutes, Chapter 429.
Obviously, the best and cheapest solution is for Mr. Rehbein to nego-
tiate with Mr. Dobiesand resolve the matter, if the Planning and
Zoning feels that this is the best location for the roadway.
As to the question of hearings on the Comprehensive Land Use Plan
Amendment, I enclose, herewith, a copy of Minnesota Statute Chapter
473.851 through Chapter 473.872, for reference. The pertinent
section is after 473.864, Subdivision 2, which I have underlined.
Also enclosed is a copy of Minnesota Statutes 462.355, and I have
underlined the pertinent portions of Subdivision 2, thereof.
Although I enclose the pertinent Statutes merely for reference, my
conclusion is that the planning agency must hold at least one public
hearing (_more than one public hearing may be held, if desired), and a
notice of the time, place and purpose of the hearing shall be published
once in the official newspaper at least ten days before the day of the
hearing. I definitely do not believe that there must be a separate
hearing held on each item of change, as long as the items proposed for
change are presented at the first hearing or only hearing which is held.
Marilyn Anderson, Deputy Clerk
Page Two
June 8, 1979
The amendment to the Comprehensive Land Use Plan does not require
mailing of notices to land owners within 300 feet of the affected
area of the change. If there is rezoning, then pursuant to Minnesota
Statute 462.357, "When an amendment involves changes in district
boundaries affecting an area of five acres or less, a similar notice
shall be mailed at least ten days before the day of the hearing to
each owner of affected property and property situated wholely or
partly within 350 feet of the property to which the amendment relates."
However, the City Ordinance requires mailing to all owners within 300
feet, does not limit the size of area of the property, and requires
that the mailed notice be by registered mail. I definitely and strongly
urge that the City Ordinance, No. 56, be amended to coincide with the
Minnesota Statute. When a rezoning is actually had, then notice must
be sent to the adjoining land owners and the affected land owner.
The adoption of a Comprehensive Plan does not, per se, rezone land.
It is merely the outline and if there are changes to be made, each
individual parcel must be rezoned, and this will require compliance
with the City Ordinance, where it is stronger than the Minnesota Statute.
I would also point out that Minnesota Statute 462.355 does not
require that there be a hearing before the City Council, only before
the planning agency.
As to the third item, Ordinance No. 20, viewing same section by
section, Rule No. 1, technically, should be amended so that the
meeting time is 8 o'clock P.M., however, I do not believe that this,
alone, would require an amendment to the Ordinance as no one can
complain about the half hour early commencement unless they are
specifically prejudiced thereby.
As to Rule 2, I recommend no change.
As to Rule 3, I recommend no change, and particularly cite Minnesota
Statute 412.191, Subdivision 1, which states, in part... "A majority of
all the members shall constitute a quorum although a smaller number
may adjourn from time to time."
As to Rule 4, I believe that the Rule has been followed fairly well,
to date. If there are any particular feelings about any additions,
deletions or changes in the order of the 14 items, these should be
discussed.
As to Rule 5, I recommend no change.
As to Rule 6, I recommend no change.
As to Rule 7, I recommend no change.
As to Rule 8, I recommend no change.
As to Rule 9, the only change I would recommend is the word "of", in
the fourth line. It should be "if." It is indeed possible that the
original publication and Ordinance has that correction.
Marilyn Anderson, Deputy Clerk
Page Three
June 8, 1979
As to Rule 10, this should probably be removed from the Ordinance,
by amendment, as it has not been followed in the past and is not now
being followed.
As to Rule 11, I recommend no change.
As to Rule 12, I recommend no change.
As to Rule 13, I recommend no change.
As to Rule 14, I recommend no change, unless it would be to define
"privileged questions."
As to Rule 15, I recommend no change.
As to Rule 16, I recommend no change.
As to Rule 17, I recommend no change, and this section specifically
is covered by Minnesota Statute 412.191, Subdivision 4, which states
as follows:
Enactment of ordinances. Every ordinance shall be enacted
by a majority vote of all the members of the council
except where a larger number is required by law. It shall
be signed by the mayor, attested by the clerk and published
once in the official newspaper. Proof of the publication
shall be attached to and filed with the ordinance. Proof of
the publication shall be attached to and filed with the
ordinance. Every ordinance shall be recorded in the
ordinance book within 20 days after its publication. All
ordinances shall be suitably entitled and shall be sub-
stantially in the style. "The Village Council of
ordains:".
As to Rule 18, I recommend no change.
As to Rule 19, I recommend no change.
As to Rule 20, I recommend no change.
As to Rule 21, I recommend no change -- with the understanding that
the Rules may not be suspended, repealed, altered or amended when such
action would not otherwise be in compliance with Minnesota Statute.
As to Rule 22, I recommend no change.
As to Rule 23, I recommend no change.
As to Rule 24, I recommend no change and enclose herewith a copy of
Minnesota Statute 412.191, Subdivision 2, to which Rule 24 complies.
Marilyn Anderson, Deputy Clerk
Pate. Four
June 8, 1979
I would add one word of caution. Because of the recent open meeting
cases, and that is that if there are special meetings held,every ef-
fort should be made to post a notice of the meeting and to contact the
newspapers that are disseminated in the City, and even to contact
radio stations. One step further would be to notify anyone who may be
particularly interested in any matters that may be discussed at any
special meeting.
As to Rule 25, I recommend no change.
As to Rule 26, I recommend no change, but would add that Minnesota
Statutes do allow the deputy clerk, who has been appointed by the
clerk, to act in place of the clerk, the clerk, in such instance,
being responsible for the actions of the deputy clerk.
The final comment on Ordinance 20 would be to raise the question
of whether or not the City Council wishes to expand the provisions
of Ordinance No. 20 so that they will govern the conduct of all
meetings of all commissions and subdivisions of the City Council.
Of course, all meetings of the Council and of all commissions and
subdivisions must comply with the open meeting law of the State of
Minnesota, at all times. However, as now drafted, the provisions
of Ordinance No. 20 do not apply to the commissions and subdivisions
of the City,and apply only to the City Council.
If the above does not answer your questions, please contact me, and
I shall attempt to answer any further questions.
Yours very truly,
:% K-tiidc ,L,(
Landol J. Locher
LJL:kmv
Enclosures
Anoka County Highway Department called on the East Birch Addition.
Said the right-of-way was acceptable, but they would request that
Lots 1 & 2 facing 20th Avenue on the South, have a common driveway.
A letter will be forwarded to setting forth this requirement.
July 18, 1979
Edna L. Sarner
I
DATE : July II, 1979
TO : All Planning and Zoning Board Members
FROM : Marilyn Anderson, Deputy Clerk
SUBJECT: T. Rehbine request for rezoning for duplexes
Mr. Rehbine called this morning and said he will get his material
together and will request rezoning on four lots at the August 18,
1979 regular Planning and Zoning meeting.
If the Board see any problem with this rezoning he would appreciate
hearing in advance.
Thank you.