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1956-04-16 Minutes of Mendota Heights Village CouncilARTL1 M5ETINg April 16 1956 The regular meeting of the Mendota Heights village council was held at•.the Village Fire Hall April 16, 195.6 at,,,800 P.M. Th0 toll being called the-following i?o0,4 members Were present:. TrusteesSweney, Horning; Kramer, and Clerk Stary. Mayor Edman presided over the•Meeting. On motion of Trustee Sweney.seconded'by Trustee Horning resolved that the minutes of meeting held March 23 be 'accepted as published -In the 1140et $t. ttul Booster. Ayes 5; Nays O The reort of the Special Citizens Water Franchise CoMmittee was read by Dr. Owens, and the report was accepted by the Council for further study. RESOLUTION .On motion of ltuStee 3weney5 seconded by Clerk Stary. • Resolved; that the V111P.ge of Mendota Heights appoint Wood R. Foster Village Attorney for the reriod ending DeCember 31, 1956, at a retainer fee of 750.00 per year. This fee is to cover ordinary and necessary routine legal matters relating to the operation o the village government; with extraordinary litigation to be comnensated at a reasonable additional rate to be determined in advance of doing such work by a majority of the Village Counci/. Resolved further, that this apnoinftent shall continue from year to year pi:ter DeceMber 31, 1956 subject to Sixty. (60) days nntlee by the Village Council,or Wood .R. Foster that either Party wishes to terminate or modify the terms o this annointment. Ayes 5 Nays 0, Approved April 1 1956 BORZRT VAYOR FRANK TilARY; Village Clerk RESOLUTION On motion of Clerk Stary, secOnded.by Trustee Swaney. RESOLVED, tha .. the r3tate or Minnethota Public E.:laminer's Orrice audit the Village Cie,s and the Village Treasuirerus.books at the rate of 1.32,00 per day and not more than a•maximum of '1;300,00 to be spent for the audit Job. Ayes 5; Nay 0 ApproVed April 16, 1956 ROBEFLT iMMAN, Mayor ATTEST FRANK WA RY; Village Clerk On motion of Trustee Kramer, seconded by Trustee Horning. RESOLVED, thnt the Village of Mendota Heights bereby employ 1191fred Franmeler as Road Supervisor for the peiqod ending December 31, 1556, at a salary of. 350.00 per month, subject to termination of 'em!)loyment by the Village an thirty (30) days written notice given after hearing thereon and approval by a majority of the Council. RESOLVED FORmHER th. the Road Supervisor have the following responsi7 bilitiosg Set up an take down snow rencee Snow plowing Sand i7oad.s Blade roads Haul in necessary fill Haul in and snread gravoll Maintain culverts General road maintenance Maintain and install street signs Maintain and install road limit signs Maintain and Install speed signs. We inspections and cutting Maintain Fire Hall install and remove voting booths Maintain village road equipment Prepare and submit to the Commissioner of Roads a weekly road reportp on the form provUled. Keep record. of helpers, time Such other duties and responsibilities as may from time to tie be assigned to him by the Council. RESOLVED FUHTHER that the Road Supervisor be authorized to employ temporary help at a rate of 0..50 per hour, but only upon authorisation by one of the members of the Council. Ayes 5 gays Co Approved April 16: 1956 7.CROB'GRDMAA: Mayor ATTEST: FRANK STLRY, Village Clerk Mayor Edman requested Village .Attorney Wood Foster to draw up a Beer Ordinance to be read. at the negt Council meeting. Mayor Ec'.!man reou7;sted that Clerk Stary eonfer with Mr. Foster c' set- ting UD fees for the beer licenses. Mayor Edman req ested that Village At'7orney Wood Foster check with the -'te.te of Minnesota in regard to an official census for the Village R..AsoLyTIE On motion. of Trustee Horning: seconded by Tr RESOLVED thal; the Village of Mendota Heighta In the form of the Zoning Ordinance in effect for on the date of incorporation of the Village as ev booklet embodying such ordinance, and the zoning such Ordinance, both as amended up to the date of Village, subject to -change of certain. reference i (2) °Township of Mendota° to read "Village (2) Tow and "Townshipu to read °Village"? (3) °Town Board," and ui3oard of Supervisors° (41 °Board' to read °Council(5) 5uch other similar changes in language the ordinance to the Vil2age0 Ayes 5 Nays O. Approved April l6 1956 ROBERT EPMAN, Mayor ATTEST: FRANK WARY, Village Clerk ustee Kramer. adopt a Zoning Ordinance the Township of Mendota idenced by the published map which was a part of incorporation of the n the ordinances as follows: of Mendota Heights°. to read °Village CounoW, as may be required to adopt - 3 , EESAUT7On On motion of Trustee Horning, seconded by Trustee *Kramer, RESOLVED that the Village of *gendota Heights adopt a Building Code Ordinance in the form o the Building Cod e. in eg:fect for the Towndhip oT Mendota on the date c2 incorporation• of the Village as evidenced by she publiahed booklet embodying mach ordinance, as amended UD to the date of incorporation of the Village, subject to Change of certain references in the ordinance az-1 follows (1) "ToWnship of Mendota° to read "Village of Mendota Heights". (2) "Town" and' "Township" to read "Village". (3) "Town Board° and Bad of Supervisors" to read "Village Council". (4) "Board ° to read "Council°. (5) Such other similar changes in language as may be required to adopt the ordinance to the village. Agyes 5; Nays O. Approved April 16, 1956 ROBERT EDMAN, Mayor ATTEST, FRANK :::TAY, Village Clerk RPAMUTION On motion of Trustee Horning, sec:tided by Trustee Krammer. RESOLVED that the Village of Mendota Haights adopt a Gas Ordinance in the .form of the Gas Ordinance in effect for the Township of Mendota on the date of'inco.Pporation of the Village as evidenced by the published booklet embodying such ordinance, as amended up to the date of incorporation of the Village, subjeCt to change of certain references in the ordinance as foIlowsg • (1) "Township of .Mandota" to read "Vil?age of Mendota Heights". (2) "Town" and "Township" to ad• "Village". (3) "Town Hoard" and "Board of 2r■tmarVisors" to read "Village Counci1 "6 (4) °Board n -to read "Council". (5) Such. ether similar changes in language as may be required to adopt the ordinance to the Village. Ayes 5; Nays () Apnroved April 16, 1956 ROBERT EMAN, Mayor arrEST, FRANK WARY, Village Clerk It was moved by Trustee Krammer, seconded by Trustee S!.7eney that the Petition presented to the Council in regard to the rezoning of certain flnrouerty in the Village by Fred Klietz bo referred to the Planning Commission ----or study And subsequent recommendation. Ayes g Nay 0. . . Mayor dman recommended that the drainage problem of Alfred. B. Johnoon of 1105 Dodd Road be referred to the FIanping •GomMission for study and recommendation, A coMmunication from the county Enalpeer H. E. Palmer, was read by , Trustee Krammer stating that the county has 43ce26.(9 whiCh can be collected by the Village for the construction of roads provided that the Villae match the amount of monea with an equal amount. 1' -3A. Mayor Edman appointed Trustee Krammez as Chairman of Road Committee. True.tee Krammer read letter from Tilsen Hilt Homes which requested acceptance of roads in Pilsen Highland Heights Plots #1 & #2. Council referred .milsen letter to nrustee Kr,mmer for investi- gation and recnmmendation. . Letter.frnm John Taray regarding vertical banks on Emerson Ave. referred to mrustee reamer for investigation and recommendation. etition from property owners on Hunter Lane with regard to extension of Hunter Lane referred to Penning Commiseion. Teetition of Louis Fischer to reeone cereain property in the village was referred to the Planning Commission. Mayor Edman appointed Trustee Horning as Chairman of the Planning Commiseion Committee; Trustee Sweney as Chairman of Cemmittee dealing with Finance, Fire and Pence Mattern. ;4ayor &linen appointed Clerk nary as chnirman of cemmittee setting up license fees, and the supervision thereof. A comeunication from A. C. Smith was read by Clerk nary in regard(2 to the reeoninr of cer+ein proeertyto industrialand was referred _ --__ to the Planning-Commission 7 - - •:__.-' --:-: _ On motion of Trustee Horning seconded by "-ustee Kramer, resolVen thet the Village Council establish a seven (7) man Plan. ningeedemmission to act as an advJsory body in village planning and zoning-natters. Ayes 5; flays O/ .//' / //, te '' f '"'-or 10 e ee-,' •(-) , -'• , , „/ / ..,"' ; RESOLUTION / On motion of Trustee Horning seconded by Trustee Krammer.0-/ RESOLVED that the Village, of Mendota Heights .adopt a Land Subdivislion Regulatim Ordinance in the form of the Land Subdivision Regulation Ordinance in effect for the Townshipof Mendota on the date of incorporation of the Village as evidenced by the published= booklet embodjeing suchArdinance , as amended up to date of incorporation of the Village , subject to change' of certain references in the Ordinance'as follows: 1.)"TownshipofMendota" to read "Village of Mendota Heights". 2.) "Town" and "TOwnship°' to read "Village". 3.) "Town Board" and "Board of Supervisors" to read °Village Council". 4.) "Board" to read "Council". 5.) Such other =magas similar changes in language as maybe required to adopt the/Ordinance to the Village. Ayes:-, NaysJ-0. Appr ovest_Apri_l_IE,19,56 ROERT EDMAN, Mayor Attest, FRANK STARY, Village Clerk 4 ,e • Op motion of Trustee Horning, seconded by Trustee Kramer, resolved that the following qualified citigens of 14pndoi;a Helghts be aPpOinted to the Plann5ng Commission: Messrs. Wayne Bollmeier Carl Drake, Jr. James Geraghty Kennett/ Hartz Leonard Lustig George Milliman Robert Rodsek - 1835 Valley Curve Road . 1695 Delaware Ave. - 14 Dors,-,t Rd. - 2210 Pilot Knob Rd. 11115 ',way Ave. - 1140 Sibley Memorial Highway - 2 Hingham Circle and thet these members apnoint their chairman, also that they aopoint two (2) of their members to serve one (1) year, three (3) members to serve two (2) years, and two (?) member e to serve three (3) years so that there will always be some experienced members serving regard- 1.ese of exniring terms. Ayes 5; Ways 0, On motion of Trustee Horning, seconded by Trustee Krammee, resolved that each year an operating budget be set-uP to be used at the dis- cretion of the Planning Commission to defray expenses incurred in carrying an Village'Planning and Boning activities, and that for ehe cuerent yeee such budget amount be jA100.00; furthermore, that if plan- ning and Boning conditions merit such ennsideration, that the Village Council will increase the amount of that budget within the sorope of the overall Village budget. Ayes 5; Nays 0. On motion of Trustee Horning, seconded by Trustee Krammer, re- solved that all mattert7epertaining to planninu and zoning regulations be submitted to theCTewnClerk, who in turn stall submit it to the Planning Commissiod:Tth7ro1igh its secretary for their oonsideratiOn and recommendation nrior to any consideration by the Village Couneil. Ayes 5; Nays 0. RESOLUTION On motion of Mayor Edman,-seconded by Trustee Horning. Resolved that the endota Heights Village Attorney be instructed to contact the Attorney General of the Staee of Minnesota in the nerve of the Village of Mendota Heights to determine the following: (1) Whether or not the Tnwn of eridota Townshin had the legal authority to award the Mendota Water Company a water franchise foe the Friendly Hills development. 7 (2) IT the Tom Board had the legal . rient to award the ,water franchise to the Mendota Water Company, was there any violation of statutory requirements in the manner with which the ward was made by the Town Board? (') Did the town Of 'March 13i 195, Setting aside the. action of the Mendota Town Board ,. result in the cancelling out of the award of the water franchise to the Mendota Water ComPany? Ayes 5; Nays O. Approved April 1 1956 ROBERT EWAN, Mayor ATEOT, FRANK 31INFOC, Vialage Clerk .42221LOOLO. On motion of Mayor Edman,' seconded by Clerk Stary. AN ORDIN;UICE ESTABLISH RULEri GOVERNING CDUCT AND NC DU O? THE VILLAGE COUNCIL OF MEDOTA HEIGHTS, MINNESOTA, THZ VILLAGE COUNCIL OF MENDOTA HEIGHT3 DO ORDAIN AS FOLLOWS Rule — 1. The Village Council shall have regular sessions on the third Monday of each month at 8:00 ogclock 13.1Y.., and, if such Monday shall fall on a ho].lday shall have its regular session on the next following daye and adjourned and special session at any other time the council may deem proper. Rule 2. The mayor shall preside at all meetings of the council. In TheMence of the mayor, the acting mayor shall preside. In the absense of both, the Trustee shall elect one of their nuMber a temorary chair, man. The act'ng mayor and tenorary chairman when ocounying the placo of the Mayor sh!711 have the same privIleges as other members. Rule At all meetings of the couneil, a majority of the council members elected sh11 conAltute a quorum to dn bu!.3iness4 but a min— • ority may adjourn from day to day and my compel the attendence of absentees, by a fine not exceeding ten dollars for each offense, unless a reasonable excuse was offered. Rule 4. At the hour appointed for meeting the members shll be •o-.11ed .oiqgx, by the mayor, and in h absence by the acting ma7r6rD and in the fbsence of both by the clerk. The Clerk shall call the roilnote•the absentees and announce T'yhether a quorub be present. In the ,I)sence of the Clerk, the Mayor shall appoint a secretary pro tem. Upon arpearance of a quorum the council shall rroceed to business which shall be c")nducted in the following order: 1.. Call to order 2. Roll call 3. Reading Of the minutes of the last meeting, which if no cor . rection offered, shall stand approved° • 4 Presentation of petition, memo-:?ials, and remonstrances. 5. :.eports of standing committees. 6. Reports of soecial cOMmittees. 7. RePorts of officials.. 8. Notices and communications. 9 Introduction of ordinances. 10. Presentation o:r claims._ • LL Unfinished-bminess. 12. Special order •of business. Motions and resOutions. 3.14, Adjournment. 1R13. The mayor hi1 reserve order and decorum and shall. decide questfon,L1 of order subject to an alreal to the council. The po,yor May make motions, second MOtiOng0 OT sreak 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 ureside tem- porarily. The mayor shall be entitled to vote like other members of the council. lule 6. Every membero.nrevinus to his speaking 'shall arise and ad., t:Ftw=tr.sreta*mv.a dres the o'iairmari and shall not proceed until Ae has been recognied by the chair. He shall indulge in no ne'nonales and shall cNIfIne his remar%s to the Matters under debate. Ru1 e3 No member shall speak more than twice on any question, nor more fhan flve minutes each time without unanimous consent of the council. Rule 8c A member called to order shall immediately suspend his remarks unna the point of order Is decided by the chair. Rule 9. Every motion ecent to adjourn; postpone, reconsider; com7lit, _y on the table, or for the previous question, shall be reduced to writing if the chair or any member required it; when made and seconded; it shall be stated by the chairman or being written shall read by the clerk, and may be withdrawn before decision or amendment,.• or any disposition thereof has been made, or a vote taken thereon. 10 All resolutions shall be in writing. Rule 11. When a question is under debate no motion shp.11 be'entertained, unles to ,,,djourn, to lay on'the table, to act on the previous question; to postpone, to commit; or to amend, which several Motions shall have precedence in the order in which they are naMed, and the l'irst three shal1 be decided Without debat6'. Rule 12 - Any question shfdl he devided at the request of any member when the same will ndmit thereof Rule 1. Ilhen's qu..,..stinn I put by the chair, every member nresent -Vote unles: for special .reasons the council shall excuse him; but if intersted he shall not vot e. in doubtful oases the chair may direrA, or any member call for a division. The yeas ani nays shall be clled upon a-requisition of the chair or any member, in which case the names of the members voting are required to he recorded in the mlnutesd (Ji Rule 14. All questions shall be put •1i the order In which they are m-oM70—c-j_cept in case of privileged-questions, i;ule '5. The previous question shall b put in these wordsg. °Shall the main question now b put? i. It shall be admitted on demand of any two members, and until decided shall preclude all amendments and debate or the In question. Wie 16. All committees Including standing committees shall be ap- yioThf6F by the chair, unless exnressly ordered by the c'mnoil, 7.111/c The standing committees.shall conit of three members ap- ° pointed by the mayor annually and the first person named on the commit- tee shall be chairman thereof. The number and nature of the standing committees ulll be decided by vote of the council, Rule 18. It shnll be the duty nf the committee to at nromrtly and TMETUlly in all matters referred to them, and to rake their retorts at the newt meetinr of the council. Rule 19. After an ordinanee shall have nassed, a complete and accUmte cow/ as amended shall be made by the clerk and lhall be signed by the mayor or in his absence by the .acting mayor, and deposited with the clerki Who shall attest, seal, number, file, and record Or place the same permanently in the ordinance took. Zntry of the complete ordi- nance as amended directly into the ordi.nance bnok ind oriPimal signa tures and seal thereon shall be compliance with this section. The affidaVit of nublicption shall be rermanently inserted in the . ordinance book after each ordinance© Rule 20Q Petitions and other naners addressed to the council shall Iii rea the clerk unorL presentation of the same to the council. ..0.u1921. No person, other than the mayor and other members of the council shall be admitted within the bar o the coundil, except village officers. No nerSon other than a member shall- addres s.. the council except with theoonsent of members °resent or by a vote of a majority of the members Present. Rule 22. All sessions of the council shall be nubilc . curixerns.23 Rule 2'3 The Marshal (chief of pol shall all attend m np eetis of the council when requested to do so by the mayo *41d nreserve order in the roan, Rule 24. The rules, .\7c, any of them may be temnorarily suspended by consent ref a majority of all councilmen, and shall not be repealed, altered, or amended, unless by concurrence of a majority of the whole council, and unon notice given at some-nreceeding meeting. Rule u. In all no!'.nts not covered by these rules the council Shall be Foverned in its nrocedure by Tiobert's Rules of Order. 13;u1e 2. The foregolnr rules are adopted to facilitate the trans- action of council busi.nesF and functions. They should not he rer7:1tted 12. 54, defeat or hinder the plainly expresed intent and desire of the Council. Informal comnliance and Substantial ber-Ormance shall be 'suff'icient under the 'foregoing rule in the absence of objection reasonably taken, 'Objection is'herebr . declared not to have been seasonably taken as to procedural matters'provided for hereiri . if a cw.mcil member present at a meeting falls to object during the meeting' and requests coMp7iance with these rules, and such objection shall not. be seasonably taken by an absent member later taken than the next repu2ar meeting after the proceedings to which the objection is 'made, Rule no. The conell may Lit any time by a majority vote 0 those present, adjourn from time to time to a specific date and hour whether" or riot a quorum is present. Rule 28. Special meetings may be called by the mayor or any two members in writing, filed with the clerk a; least three days before the meeting to a/i members of the time and place of the meetin? and its purpose, if the purpose be -stated In the call filed with him. The clerk shall prepare an0 flle in his office an affidaVlt by him showing mailing of such notices in the Manner here pre9cribed0 Special meetings may be held without notioewhen all members arn pre- :Cfl an,: take part in the meeting or consent in writing to hold such special meetlng witi^out other notice. uch Written Consent shall be filed with the clerk prior to the commenci.m-nt of such Meeting. Any special meeting -attended by all members 9hall be a regular meetinv for the transaction of any businesi: thnt may cOme before it qule 29, Manner o. voting, :Votes of the members or any business coming oetore the collncil may be by voice vote, standing vote, or In such other manner of vo'ing as may :'irnify the intention of the membersz provided, however, thpt npon reouest of any one member o the council such vote shall be taken by secret written ballot. Any affirmative or negative vote-by .a member shall be entered in the minutes at his reolv=st, Aye 7,-.nd Nay shall be taken uncr way motion at the request one member f4.nc1 . the results entered in the 'Minutes. Every Member shall vote in such case unles the council uljority vote shall excuse a member from voting, Rule_30, MinutlF of the meeting shall be kept by the clerk, They 7S:1:173e :!igned by the clerk, and shall constitute an official record of the council p-oceedings. Upon anproval of the minutes at a seouent meeVng lf the council, the mayor shall sign the minutes, Lack of such mayor,s cli7nature or council„anproval shall not invalidate such minutes a:7 official records. In the event the clerk shall fail or decline to amend or change h minutes, unori formal request, af. the 4A.Te they are submitted fox arproVal, the -council may bymOtion carried by majority Vote amend the minutes. Such amending motion shall become a part of the minutes of the sub::equerr- menVng, Ayes 5 ; Mays O. - (' /3 0 A!mroved AnIql 74, 1956 i-OBERTHOMAN, Mayor ATTiLT, • . VARY, Village Clerk Warrants 483 thru 521 were anlaroved anel On motion of Trustee Horning, seolnded by 'oru.te,,, Krammer, that the meting be adjorirned nnt1.1 it 741U1 reonYvene April 30, 1956, Ayes 5; Nays () AID,'rnved Aoril. 16, 1956 Yi0BERT EWAN, Mayor ATTEY:', FN iTA,Y, Villpge Clerk