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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.