1959-11-13VILLAGE OF MOUND
2031
~DJOUHNED MEETING OF NOVEMBER 13, 1959 MINUTES - 7:30 P.M. at the Mound Fire
Station
Present were: Mayor Laraon, Trustees Batdorf, Gulden and Petersen~ Attorney
Ploetz and Manager Boxell.
LIQUOR BILL
The fo~owing liquor bill for off sale Liquor purchase was presented:
Ed Phillips and Son - Sum of $2~498o17
Batdorf moved and Petersen seconded a motion.
BE IT MOVED, the bill of Ed Phillips for $2,498.17 be paid where funds are
available.
The vote was unanimously in favor. So carried.
· MC HASCO ELECT ?IC COMPANY BILL
The following bill was presented for payment.
McHasco Electric, Inc. for the sum of $5~383.68 from Project #17
Petersen moved and Batdorf seconded a motion.
BE IT MOVED, the sum of $5,383.68 be paid to McHasco Electric, Inc. where
funds are available.
The vote was unanimously in favor. So carried.
PLAT PRESENTATION BY WM. A B?ANDENBUHG & SON - Final Approval
Petersen offered the following resolutioa and moved its adoption.
seconded the motion.
Batdorf
Wm Braudenburg and Son appearing in ?erson did represent to the Village Council
of the Village of Mound that they are cognizant of the Village requirements as
to street grades and water ~in installations~ and for the purpose of securing
the approval of t?~e council to their proposed plat do warrant and represent that
they ~ill install, at thei~'~own expense and indemnify and save harmless the
village for any cost thereof,
Bay Ridge Drive, entended at 1~8 ft. to the Wly boundary o~' said
proposed plat, to grade acceptable to the Village of Mound~ and
Watermain 6 inches diamenter, from the existing 'T~ at the inter-
section of Bay ~idge Drive and halstead Lane to the Vfly boundary of said
proposed plat, to standards acceptable to the Village of Mound.
2032
VILLAGE OF MOUND
Both of and said to be installed per roam ~ requirements and to meet approval of
Village engineer on or before July 1, 1960.
Except Village to stand cost of valve and six inch main from 'T' at
intersection to present Southwesterly line of Bay Ridge Drive.
WHEREAS, the proposed plat of Halstead Acres Second Addition has been submitted
by Wm. Brandenbur ~ Son ~ich p~oposed plat conforms with the Village
requirements for individual lot area and street widths, and,
WHEREAS, William Brandenburg and Son have appeare~ in person 8m_d have made
certain representations to the Village Council of the Village of
Mound~
NOW rHE.L~F0?S BE IT P~SOLVED, by the Village Council of the Village of Mound~
that approcal be granted the~efor an~ the ~ayor and Clerk be
instructed to execute appropriate certification to the sane.
P~il Call vote
Batdo rf
Gulden
Petersen
Larson
So carried, resolved and accepted.
Aye
Aye
Aye
Aye
A P~SOLUTION DECLA?.YNG A VACANCY ZN THE OFFICE OF TPJdSTEE
Batdorf offered the following resolution and moved its adoption.
seconded the motion.
Petersen
NHE?~AS, Trustee Larson, aid, on July 1~, 1959 tenders his resignatio~ from his
office as Trustee, which office expires December'31, 1960;
WHE?~AS, said resignation was then accepted unanimously by the council;
WHE~F~S, Trustee Brazman :id on August ~, 19~9 tender his resignation from his
office as Trustee~ which office expires December 31,
~4qEi~AS, said resignation was then acc 'pted unanimously by the cou~cil;:
'I,/HEP~EAS~ the council did subsequently on A:~gust ~, 195;'9 appoint Mr. Brazman to
the Trustee vacancy expiring December 31, 1960 left by Fir. Larson;
WHEREAS~ the council was on November 10~ 19~9, a~rised by the Mayor of the
Village Attorney's preliminary opinion that Mr. Brazman, ~hen appointed
had been in fact inelibible for appointment to the Trustee vacancy
expiring December 31~ 1960, and Trustee Brazman was then requested to
not participate in further council action;
WHE}~EAS~ the council has on this date been advised by the Village Attorney that
Chapter ~22, Laws 1959, approved April 2~, 19~9, changes the prior law by
making a councilmm ineligible for appointment to vacancy by the council
of which he is or was, by reason of Fesignation, by a member~
WHEP~AS, the Village Attorney~ises that 'the cou~,cil is the proper authority
to consider the facts surrounding the same, determine whether a'vacancy
VILLAGE OF MOUND
2O33
in fact ex±sts~ and if it so determined~ rule that such councilman is not
entitled to exercise the powers and duties of the office~ remove hime therefrom~
and declare a vacancy to exists
NOW THEREFO?~ BE IT RESOLVED, by the Village Council of the Village of Mound~
the Village Comucll having hear~ the facts and determined them bo be as
stated herein, that councilman Brazman is not entitled to exercise the
powers and duties of the office of Councilman expiri~E?December 31, 1960,
that he be and hereby is, removed therefrom, and a vacancy in the same
office~ndl;hereby is, declared to exist.
Roll Call vote:
Batdo rf
Gulden
Petersen
Larson
So carried and resolved.
Aye
Aye
Aye
Aye
APPOINTMENT OF ACTIlqG lv~'YOE ~SOLUTION
Petersen offered the following resolution and moved its adoption. Gulden
seconded the m°tion.
BE IT P~:SOLVED, Trustee Batdorf be appointed to the position of Acting i~layor
for the Village of Mound, Minnesota.
Poll Call vote
Batdo rf Abstained
Petersen Aye
Gulden Aye
Larson Aye
So carried and Resolved.
ATTORNEY G~E/gL'S OPINION REQUESTED
The Village Manager is instructed by the Village Council to have the Village
Attorney obtain an attorney general's opinion on the following points: 1. Must the vacancy be filled by election
2. Flay the vacancy be filled by election, or
3. Must the vacancy be filled by appointment.
Batdorf moved .and Petersen seconded a motion to adjourn ~til the adjourned
meeting of November 18, 1959 at 8:00 P.M. at the ~ound Fire nail.
The vote was unanimously in favor. So carried an adjourned.
~ ~ hayor