HomeMy WebLinkAbout01.10.83MINUTES OF MAPLEWOOD CITY COUNCIL
7:00 P.M., Monday, January 10, 1983
Council Chambers, Municipal Building
Meeting No. 83 -1
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council
Chambers, Municipal Building and was called to order at 7:01 P.M. by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilmember Present
Gary W. Bastian, Councilmember Present
Frances L. Joker, Councilmember Present
MaryLee Maida, Councilmember Present
C. APPROVAL OF MINUTES
None.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
1. Maplewood in Motion
2. Maplewood Plan
3. Work Sessions
4. Appointments — Council Review
5. Update Ordinance
6. Labor Negotiation — Executive Session
Seconded by Councilmember Bastian. Ayes - all.
E. CONSENT AGENDA
Councilmember Anderson moved, seconded by Mayor Greavu, Ayes - all, that the Consent
Agenda Items 1 through 9 be approved as recommended:
1. Accounts Payable
Approved the accounts (Part I — Fees, Services, Expenses — Check No. 001297 through
Check No. 001347— $136,285.50; Check No. 015238 through Check No. 015351 — $39,039.72;
Checks dated 12 -30 -82 — $11,489.95: Part II — Payroll — Check No. 06134 through Check
No. 06270 — $72,979.57) in the amount of $259,794.75.
2. Interfund Transfers
Approved the following interfund transfers:
From
$83,312 W.A.C. Fund
$71,700 Hydrant Fund
$ 6,010 Hydrant Fund
To
Special Assessment Fund
1973 Bonds ( #513)
1977 Bonds ( #520)
1979 Bonds ( #522)
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$ 2,050 Sewer Fund 1979 Bonds ( #522)
$165,072 Total
3. Hillwood Drive - Dorland Road Improvement 78 -10
Resolution No. 83 -1 -1
WHEREAS, the City has awarded a construction contract on April 15, 1982 with the
appropriate performance and payment sureties; and
WHEREAS, the construction has proceeded on schedule and portions of which have been
substantially completed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
City Engineer shall reduce the payment retainage on the Hillwood Drive - Dorland Road
Project No. 78 -10 from five percent (5%) to two (2%) of the value of the work completed
to date.
4. Inflow /Infiltration Analysis
Resolution No. 83 -1 -2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, the infil-
tration /inflow analysis for Maplewood, Minnesota, prepared by Toltz, King, Duvall, Anderson
and Associates, Inc. and Planning Design and Research Engineers, Inc. is accepted by
the City.
5. T.H. 61 - Easement
Authorized the escrowing of $4,200.00 with the Court to allow for the "Quick Take" pro-
cedure.
6. Special Exception Renewal - Pizza Time Theater
Approved the renewal of the Pizza Time Theater special exception permit to allow token
operated games and amusements for a period of five years.
7. First Time Home Buyers Program
Ratified a local contribution to the 1983 Maplewood First Time Home Buyer Program of
15.8 percent ($1,147,542) as established by the City Manager in the program application.
8. Final Payment - North Hazelwood Park
Resolution No. 83 -1 -3
WHEREAS, pursuant to an amended written contract approved by the City on June 4, 1981,
U.D. Contracting, Inc. of Brooklyn Park, Minnesota has completed Maplewood Improvement
Project 80 -02 in accordance with said amended contract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD, MINNESOTA, the work completed
under said amended contract is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue
a proper order for the final payment on such contract, taking the contractor's receipt
in full.
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9. 1983 Fee Schedule — Park Facilities
Approved the 1983 Fee Schedule for Reservation of Park facilities as presented.
F. PUBLIC HEARINGS
1. Code Amendment — Shoreland Ordinance 7:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding adoption of a
shoreland ordinance. The Clerk stated the hearing notice was in order and noted
the dates of publication.
b. Manager Evans presented the staff report.
c. Mr. John Stine, Department of Natural Resources, explained the State's require-
ments.
d. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend that the City Council
approve the proposed shoreland ordinance as outlined in staff's report dated October
7, 1982.
Commissioner Whitcomb seconded. Ayes -- Commissioners Axdahl, Barrett,.Ellefson,
Fischer, Howard, Pellish, Sletten, Whitcomb.
Commissioner Fischer moved to amend the definition of structure to read, "anything
manufactured, constructed or erected which is normally attached to or positioned
on land, including portable structures.
Commissioner Whitcomb seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Howard, Pellish, Sletten, Whitcomb."
e. Mayor Greavu called for proponents. None were heard.
I. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilmember Maida moved first reading of an ordinance regulating the develop-
ment of land that is generally within 1000 feet of a shoreline or 300 feet of ,a creek.
Seconded by Councilmember Anderson. Ayes — all.
2. Beam Avenue Assessments 7:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
_j of Schreier's Beam Avenue Assessments, Improvement No. 70 -5A and Improvement No.
71 -15. The Clerk stated the hearing notice was in order and noted the dates of
publication.
b. Manager Evans presented the staff report.
.c. Director of Public Works Ken Haider explained the assessment roll.
d. Mayor Greavu called for proponents. None were heard.
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e. Mayor Greavu called for opponents -. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu introduced the following resolution and moved its adoption:
83 — 1 — 4
WHEREAS, pursuant to the provisions of the Judgment of the Ramsey County District
Court dated, filed and entered the 31st day of July, 1980, the Maplewood City Council
proposes to reassess for local public improvements commonly known and numbered as
Beam Avenue Assessments, Project No. 70 -5A and 71 -15, those parcels of real property
in the amounts as more particularly described hereinafter, to wit:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood as follows:
1. That the proposed assessment set forth in Exhibit "A -1" attached is hereby
accepted and shall constitute the special assessment against said parcels
and that each said parcel is found to benefit by the local public improvement
in the amount of the assessment Levied against it.
2. That the assessment for Project No. 70 -5A for street, curb and gutter and
for Project No. 71 -15 for street and bridge, shall be payable in equal annual
installments to be payable in equal annual installments extending over a
period of three (3) years; the first of the installments to be payable on
or after the first Monday in January, 1983 and shall bear interest at the
rate of seven (7%) per cent per annum from the date of the adoption hereof.
To the first installment shall be added interest on the entire assessment
from the date of this resolution until December 31, 1982. To each subsequent
installment, when due, shall be added interest for one year on all unpaid
installments.
3. That the terms and provisions of Resolutions No. 76 -81 -160, 161 and 162,
insofar as they are not otherwise inconsistent herewith are incorporated
herein by reference.
4. That the City Clerk shall forthwith transmit a certified duplicate of this
assessment to the Ramsey County Auditor to be extended on the property tax
lists of said County and such assessments shall be collected and paid over
in the same manner as other municipal taxes.
Seconded by Councilmember Maida. Ayes — all.
h. Mayor Greavu introduced the following resolution and moved its adoption:
83 — 1 — 5
WHEREAS, pursuant to the provisions of that Judgment of the Ramsey County District
Court dated, filed and entered the 31st day of July, 1980, the Maplewood City Council
proposes to reassess for local public improvements commonly known and numbered as
Beam Avenue Assessments, Project No. 70 -5A and 71 -15, those parcels of real property
in the amounts as more particularly described hereinafter, to wit:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD as follows:
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1. That the proposed assessment set forth in Exhibit "A -1" attached is hereby
accepted and shall constitute the special assessment against said parcels
and that each said parcel is found to benefit by the local public improve-
ment in the amount of the assessment levied against it.
2. That the assessment for Project No. 70 -5A for storm sewer and Project No.
71 -15 for sanitary sewer, water and storm sewer shall be payable in equal
annual installments extending over a period of thirteen (13) years, the first
of the installments to be payable on or after the first Monday in January,
1983, and shall bear interest at the rate of seven (7%) per cent per annum
from the date of the adoption hereof. To the first installment shall be
added interest on the entire assessment from the date of this resolution
until December 31, 1982. To each subsequent installment, when due, shall
be added interest for one year on all unpaid installments.
3. That the terms and provisions of Resolutions No. 76- 81- 160, 161 and 162,
insofar as they are not otherwise inconsistent herewith are incorporated
herein by reference.
4. That the City Clerk shall forthwith transmit a certified duplicate of this
assessment to the Ramsey County Auditor to be extended on the property tax
lists of said County and such assessments shall be collected and paid over
in the same manner as other municipal taxes.
Seconded by Councilmember Maida. Ayes — all.
3. Code Amendment — Special Use Permits 7:30 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the adoption
of an ordinance amending the zoning code concerning special use permits. The Clerk
stated the hearing notice was in order and noted the dates of publication.
b. Manager Evans presented the staff report.
C. - Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Fischer moved that number 4 be added to the ordinance permitting mobile
home parks by conditional use permits.
Commissioner Ellefson seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Pellish, Prew, Whitcomb.
Commissioner Whitcomb moved the Planning Commission forward the proposed ordinance
amendment to the city council for approval as amended by the Commission.
Commissioner Fischer seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Pellish, Prew, Whitcomb."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
,g. Councilmember Bastian.reviewed his proposals.
h. Councilmember Bastian moved lst reading of an ordinance amending the zoning code
as it relates to special use permits.
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Seconded by Councilmember Maida.
Ayes — Mayor Greavu, Councilmembers Ander-
son, Bastian and Maida.
Nays — Councilmember Juker.
4. Community Development Block Grant— 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding consideration being given
to applying for a Community Development Block Grant. The Clerk stated the hearing notice was in
order and noted the dates of publication.
b. Manager Evans presented the staff report.
c. Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilmember Juker introduced the following resolution and moved its adoption:
83 -1 -6
BE IT RESOLVED that the City of Maplewood act as sponsoring unit of government for the
project titled Maplewood Housing Improvement Program to be conducted from April, 1983 until
the funds are expended. Initial allocation of all funds will be made the first year. The City Manager
is hereby authorized to apply to the Minnesota Department of Energy, Planning and Development
for funding of this project on behalf of the City of Maplewood.
Seconded by Councilmember Anderson. Ayes — all.
5. Rezoning and Variances —English Street 8:00 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request of Ralph S.
Nuebel for a zone change from BC Business Commercial to R -1 Single Residence District and lot
width and lot area variances on property located on the east side of English Street south of
Skillman Avenue. The Clerk stated the hearing notice was in order and noted the dates of
publication.
b. Manager Evans presented the staff report.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Fischer moved the Planning Commission recommend to the City Council approval
of the resolution rezoning the subject site from BC to R -1. Approval is based on the findings that:
R -I zoning would be consistent with the Land Use Plan since single family dwellings on small
lots are permitted.
2. A single dwelling would be consistent with the adjacent development along English Street.
3. Density requirements as listed in the Land Use plan would not be exceeded.
Commissioner Hejny seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Pellish, Prew, Whitcomb."
6- 1 /10
d. Mr. Ralph Nuebel, the applicant, spoke on behalf of his request.
e. Mayor Greavu called for proponents. None were heard.
I. Mayor Greavu called for opponents. The following were heard:
Mrs. Beyir, 2034 English
Mr. James Sobota
Mrs. Virginia Fishback, 2022. English
g. Mayor Greavu closed the public hearing.
h.. Councilmember Bastian moved to table this it
item be one
of the first to be
Seconded by Councilmember Anderson. Ayes — all.
G. AWARD OF BIDS
None.
H. UNFINISHED BUSINESS
1. Frost Avenue — Birmingham — White Bear Avenue
a. Manager Evans stated this item was tabled December 16, 1982 so the full Council
could consider the matter. No new information was requested at that time.
If the City Council does wish to proceed with the project it is recommended that
staff be authorized to execute the submitted agreements with the County. The finan-
cing for road and storm sewer construction would be through assessments, while the
"Opticom" would be financed by the State —Aid Street Account.
b. Mr. David Sampson, 1503 Frost Avenue, spoke against the project.
C. Councilmember Anderson moved to delete Item No. 9 — Bike paths — from the proposal.
Seconded by Mayor Greavu. Ayes — all.
d. Councilmember Anderson introduced the following resolution and moved its adoption:
83 — 1 — 7
WHEREAS, after due notice of public hearing on the construction of street and
storm sewer improvements on Frost Avenue from Birmingham Street to White Bear Avenue,
a hearing on said improvement in accordance with the notice duly held on December
16, 1982, and the Council has heard all persons desiring to be heard on the matter
and has fully considered the same; and
WHEREAS, the improvement shall be accomplished by the Ramsey County Department
of Public Works under the direction of the County Engineer, and he has presented
to the Council an agreement for the preparation of the plans and specifications,
City obligations and County obligations relating to the construction thereof, for
'approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as
follows:
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1. That it is advisable, expedient and necessary that Ramsey County construct
street and storm sewer facilities on Frost Avenue from Birmingham Street
to White Bear Avenue as described in the notice of hearing thereon, except
for the bituminous path, and orders the same . to be made.
2. The agreement with Ramsey County for construction of this project is hereby
approved and ordered placed on file in the office of the City .Clerk.
3. The plans and specifications, a copy of which are attached hereto and made
a part hereof, are hereby approved and ordered placed on file in the Office
of the City Clerk.
4. Authorization to advertise for bids is hereby approved.
Seconded by Mayor Greavu. Ayes — all.
I. NEW BUSINESS
1. Special Exception: 1904 Maryknoll Avenue
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission report:
"Commissioner Prew moved the Planning Commission recommend to the City Council approval
of the resolution approving a beauty shop at 1904 Maryknoll Avenue, on the basis
that it meets all city code requirements. Approval is subject to the installation
of one, five —pound ABC Fire Extinguisher in the lower level.
Commissioner Fischer seconded. Ayes — Commissioners Axdahl, Barrett, Ellefson,
Fischer, Hejny, Howard, Pellish, Prew, Whitcomb."
C. Mr. Jack Apman, the applicant, spoke on behalf of the proposal.
d. Councilmember Bastian introduced the following resolution and moved its adoption:
83 -1 -8
WHEREAS, a special exception permit request has been initiated by Kathleen
Apman to operate a home beauty shop for the following described property:
Lot 3, block 1 Maryknoll Addition, except the north 88 -9/10 feet
Such above property being also known and numbered as 1904 Maryknoll Avenue, Maplewood,
Minnesota:
WHEREAS, the procedural history of this special exception permit request is as
follows:
1. That a special exception permit request has been initiated pursuant to the
requirements of section 36-66 of the Maplewood Zoning Code;
2. That said special exception permit request was referred to and reviewed by
the Maplewood Planning Commission on the 20th day of December, 1982, at which
time said Planning Commission recommended to the City Council that said special
exception permit be approved;
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3. That the Maplewood City Council held a public hearing to consider the special
use request, notice thereof having been published and; mailed pursuant to
law; and
4. That the Council considered reports and recommendations of the city staff
and Planning Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL, that the above —
described special exception be granted on the basis of the following finding of
fact: the beauty shop would meet all city code requirements.
Approval is subject to the installation of one, five —pound ABC fire extinguisher.
Seconded by Councilmember Juker. Ayes — all
2. Time Extension— Beam Lakeside Addition — Piletich
a. Manager Evans presented the staff report.
b. Mr. Voya Piletich, the applicant, spoke on behalf of his request for a prelimin-
ary plat time extension.
C. Councilmember Anderson moved to approve a one year time extension for the Beam
Lakeside Addition Dreliminary Dlat.
Seconded by Mayor Greavu
3. Council Appointments
a. Acting Mayor
Ayes — Mayor Greavu; Councilmembers Anderson,
Bastian and Maida.
Nays — Councilmember Juker.
1. Mayor Greavu nominated Councilmember Bastian as Acting Mayor.-
2. Councilmember Anderson nominated Councilmember Juker as Acting Mayor.
3. Mayor Greavu moved to appoint Councilmember Bastian as Acting Mayor.
Seconded by Councilmember Maida. Ayes — Mayor Greavu, Councilmember Anderson,
Bastian and Maida.
Nays — Councilmember Juker.
b. Official Newspaper
1. Mayor Greavu introduced the following resolution and moved its adoption:
83— 1 -9
BE IT RESOLVED that the City Council of Maplewood, Minnesota designate
the Maplewood Review as the official newspaper for the year 1983.
Seconded by Councilmember Maida
— 9 —
Ayes — Mayor Greavu; Councilmembers Anderson,
Bastian and Maida.
Nays — Councilmember Juker.
1/10
C. Planning Commission Chairperson
1. Councilmember Anderson moved to appoint Les Axdahl Chairman of the Planning
Commission.
Seconded by Councilmember Bastian. Ayes — all -.
d. Rules of Procedures
1. Mayor Greavu introduced the following resolution and moved its adoption:
83 — 1 — 10
Section 1.
MEETINGS
Regular: The City Council shall hold regular meetings on the second and fourth
Mondays of each month at 7:00 P.M., provided that when the day fixed for any
regular meeting falls on a day designated by law as a legal holiday, such meeting
shall be held at the same hour on the next succeeding Thursday not a holiday.
Special: The Mayor or any two members of the Council by writing filed with the City
Clerk at least twenty —four hours before such meeting may call a special meeting.
Notice of such meeting shall state the purpose or purposes thereof and shall
be personally delivered to each member or be left at the members usual place
of residence with a person of suitable age and discretion then residing therein,
or written notice thereof shall be left in a conspicuous place at the residence
if no such person can be found there. The notice shall be delivered twelve hours
before the meeting time. Except for trivial matter, business transacted at a
special meeting shall be Limited to that mentioned in the call. Emergency meetings
may be called at any time providing all members of the Council sign waivers of
notice to such meeting and said waivers shall be filed with the City Clerk.
Place: All meetings shall be held in the Council Chambers of the Maplewood Municipal
Building unless there is a published notice designating another location.
Presiding Officers: 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 Councilmembers shall elect one of their number as temporary chairman.
Quorum: Three members of the Council shall constitute a quorum at any meeting of
the Council, but a smaller number may adjourn from time to time.
Order of Business: At the hour appointed for meeting, the members shall be called
to order by the Mayor, or in his absence by the Acting Mayor, or in the absence
of both by the Clerk. The., Clerk shall call the roll, note the absentees and
announce whether a quorum s present. In the absence of the Clerk, the Mayor
shall appoint a secretary protem. Upon the appearance of the quorum the Council
shall proceed to business which shall be conducted in the following order:
A. Call to Order
B. Roll Call
C. Approval of Minutes
D. Approval of Agenda
E. Consent Agenda
F. Public Hearings
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G. Awarding of Bids
H. Unfinished Business
I. New Business
J. Visitor Presentations
K. Council Presentations.
L. Administrative Presentations
M. Adjournment
Curfew: No additional agenda item will be discussed after 10:30 P.M. No discussion
will continue past 11:00 P.M. Meetings adjourned under this policy will be
continued to the next Thursday at 7:00 P.M. The continued meeting will start
at the point on the agenda where the adjournment occurred. No new items will be
added to the continued meeting agenda.
First Regular: At the first regular Council meeting in January of each year, the
Council shall (1) designate the depository of City Funds, (2) designate the
official newspaper, (3) choose an Acting Mayor from the membership of the Council
who shall perform the duties of the Mayor during the disability or absence of
the Mayor, and (4) review the Rules of Procedure of the City Council and make
any necessary changes if such changes are desired.
Section 2.
AGENDA FOR REGULAR MEETING
(1) All matters to be submitted to the Council shall be filed not later than 12:00
Noon on the Monday prior to the Monday Council meeting at which consideration
is desired, and shall be delivered to the City Manager, or in his absence the
City Clerk. In unusual circumstances and when the matter does not require in-
vestigation, an item may be accepted after the deadline upon the approval of
the City Manager.
(2) Except for trivial matters, no item or business shall be considered for action
by the Council which does not appear on the agenda for the meeting, except that
an item or urgent business which requires immediate action and is so determined
by a majority of the Council may be considered by the Council whether or not
there is a full membership present. The Council will hear all reasonable citi-
zen petitions, requests and statements however, such items which do not specifi-
cally appear on the agenda shall be deferred to a future meeting for more care-
ful consideration and study if Council action, other than filing, is required
or requested.
The Mayor and each Councilmember shall be provided with a copy of the agenda,
minutes of the previous meeting, and any other reports and information pertinent
to the agenda at least seventy —two hours prior to each regular Council meeting.
No matter may be submitted for Council action by any administrative official,
department head,,or employee unless it has first been presented to the City
Manager for inclusion on the agenda.
Section 3.
I021111I0111 M
'(a) The City Clerk shall'keep a record of all Council meetings.'.
(b) Unless a reading of the minutes of aCouncil meeting is requested by a member
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of the Council, such minutes may be approved without reading if each member
has previously been provided a copy.
(c) The Council may, by motion carried by a majority vote, amend the minutes. Such
amending motion shall become a part of the minutes of the subsequent meeting.
Section 4.
DUTIES OF THE PRESIDING OFFICER:
The presiding officer shall preserve strict order and decorum at all meetings of
the Council. He shall state every question coming before the Council, announce the
decision of the Council on all .subjects, and decide all questions or order „ subject,
however, to an appeal to the Council in which event a majority vote of the Council
shall govern and conclusively determine such questions or order. He may vote on
all questions and on a roll call vote determine the order in which votes are cast.
Sartinn 5_
RULES OF DEBATE:
(a) The Mayor or other Presiding Officer may move, second and debate from the chair,
subject only to such limitations of debate as are by the rules imposed on all
members and shall not be deprived of any of the rights and privileges of a
Councilmember by reason of his acting as the Presiding Officer.
(b) Every member desiring to speak shall address the chair, and upon recognition
by the Presiding Officer shall confine himself to the question under .debate
avoiding all personalities and indecorous language.
(c) A member, once recognized, shall not be interrupted when speaking unless it
be to call him to order or to vote on a motion to close a debate, or as herein
otherwise provided. If a member, while speaking, be called to order, he shall
cease speaking until the question of order is determined and if in order, he
shall be permitted to proceed.
(d) A motion to reconsider any action taken by the Council must be made at the
meeting at which such action was taken or at the next regular meeting of the
Council and must be made by a member of the Council who voted with the prevailing
side, provided that if such motion to reconsider is passed, then the parties
entitled to notice on the original action shall be notified, and the recon-
sideration of the action shall be taken at the next regular meeting following
passage of the motion to reconsider.
(e) A Councilmember may request, through the Presiding Officer, the privilege of
having an abstract of his statement on any subject under consideration by the
Council, or the reason for his dissent from or support of any action of the
Council, entered in the minutes. Such a request may be made at the time of
said action or� consideration or at the time of the adoption of said minutes.
Unless the Council, by motion, objects, such statements shall be entered in
the minutes.
(f) The Clerk shall enter in the minutes a synopsis of the discussion on any
question coming in proper order before the Council.
Section 6.
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ADDRESSING THE COUNCIL:
Any person desiring to address the Council shall first secure the permission of the
Presiding Officer.
Each person addressing the Council shall give his name and address in an audible
tone for the records, and unless further time is granted by the Presiding Officer,
shall limit his address to five minutes, except at a public hearing when the limit
shall be ten minutes. All remarks should be addressed to the Council as a body and
not to any member. No person other than the Council and the person having the floor,
shall be permitted to enter into any discussion, either directly or through a member
of the Council, without the permission of the Presiding Officer. No question shall
be asked a Councilmember or any member of the Administrative Staff except through
the Presiding Officer.
Section 7.
GENERAL RULES OF ORDER:
Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an author-
ity on parliamentary practice on matters not specifically covered and in case.of
a conflict these rules shall govern.
Section 8.
VOTING:
Unless a member of the Council states that he is not voting, his silence shall be
recorded as an affirmative vote.
Section 9.
DECORUM AND ITS ENFORCEMENT:
The Council members, while the Council is in session, must preserve order and decorum,
and a. member shall neither, by conversation or otherwise, delay or interrupt the
proceedings or the peace of the Councl, nor disturb any member while speaking or
refuse to obey the orders of the Council or its Presiding Officer, except as otherwise
herein provided.
Section 10.
ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS:
(a) Ordinances, resolutions, and other matters or subjects requiring action by the
Council shall be introduced and sponsored by a member of the Council except
that the City Manager or Attorney may present ordinances, resolutions and other
matters or subjects to the Council.
(b) Every ordinance and resolution shall be presented in writing and read in full
at a Council meeting; provided, however, that the reading of an ordinance or
resolution may be dispensed with by unanimous consent. Upon the vote on ord-
inances, resolutions and motions, the ayes and nay6 shall be recorded unless
the vote is declared unanimous. Upon the request of any member of the Council,
the vote shall be by roll call of all members of the Council as provided under
DUTIES OF THE PRESIDING OFFICER in this resolution. A majority vote of all
members of the Council shall be required for the passage of all ordinances,
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motions and resolutions except as otherwise provided by law.
(c) Every ordinance other than emergency ordinances shall have two public readings
as provided in Subsection (b) of this Section, and at least fourteen days shall
elapse between the first reading or waiver thereof and the second reading or
waiver thereof.
(d) An emergency ordinance is an ordinance necessary for the immediate preservat-
ion of the public peace, health, morals, safety or welfare in which the emer-
gency is defined and declared, passed by a vote of at least four members of
the Council, as recorded by ayes and naves. No prosecution shall be based upon
the provisions of any emergency ordinance until the same has been filed with
the City Clerk and posted in three conspicuous places in the City and twenty —
four hours after such filing and posting shall have elapsed or until the ord-
inance has been published, unless the person, persons, firms or corporations
charged with violations thereof shall have had notice of the passage thereof
prior to the act or ommission complained of.
(e) All ordinances and resolutions shall be filed with the Clerk and made a part
of the minutes. Reports, petitions and correspondence shall be filed with the
Clerk and made a part of the minutes by reference.
Section 11.
CONDUCT OF CITY EMPLOYEES:
(a) The City Manager may take part in the discussions of the City Council and may
recommend to the Council such measures as he may deem necessary for the welfare
of the people and efficient administration of the affairs of the City. He shall
have all the rights, powers and duties pre - scribed by Minnesota Statutes in re-
gard thereto, however, it is recognized that the City Council is the policy
making body for the City and the City Manager shall confine his discussions
at Council meetings to statements of fact, recommendations based on his know-
ledge and experience and explanations of the reasons for the same, and any matters
pertaining to administration.
(c) No City Employee, other than the City Manager or Attorney, shall enter into
discussions of the City Council except to answer questions directed to such
employee, or to present factual information.
(d) The above regulations of City employees shall not be construed to limit the
appearance before the City Council of any City employee when such appearance
is made as a taxpayer or member of the public, for or against some particular
issue under discussion by the Council when such employee has an interest in
the outcome thereof.
Section 12.
WAIVER:
By 4/5 consent of all Councilmembers these rules may be waived.
Section 13.
ADJOURNMENT:
A motion to adjourn shall always be in order and decided without debate.
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Seconded by Councilmember Bastian
4. Travel and Training
Ayes — all.
a. Manager Evans presented the staff report.
b. Councilmember Maida moved to appro
policy for out —of —state conferences be
of the total elieible costs for attend
Seconded by Councilmember Bastian.
5. P.A.C. Commercial and Industrial
the recommendation that the reimbu
vised to provide that the employee
the conference.
Ayes — Councilmembers Bastian and Maida.
Nays — Mayor Greavu, Councilmembers Ander-
son and Joker.
a. .Manager Evans stated the Maplewood Park and Recreation Commission discussed the
Commercial and Industrial Charges for Neighborhood Parks at their December 13, 1982,
meeting. Last year the City Council increased the commercial and industrial property
fee from 3 -1/2% market value to 5% with a $12,000 per acre maximum.
It is the Park and Recreation Commission's recommendation that for 1983 the City
Council approve an increase to 6% of market value on commercial and industrial property
in the City of Maplewood.
b. Mayor Greavu moved that the P.A.C. Commercial and Industrial charges remain the
same as 1982.
Seconded by Councilmember Maida. Ayes — all.
6. P.A.C. Residential
a. Manager Evans stated the Maplewood Park and Recreation Commission at its December
13, 1982, .meeting discussed the Park Acquisition Charge for Neighborhood Parks and
made the following recommendation: It is recommended that the Maplewood City Council
,increase the average acquisition cost to $4,775 and the average acre development
cost be continued at $7,500, which will establish a new price of $85.25 per person.
b. Mayor Greavu moved that the P.A.C. Residential Charges remain the same as 1982
Seconded by Councilmember Anderson. Ayes — all.
7. Ramsey County League
a. Manager Evans presented a bill for the 1983 Membership dues for the Ramsey County
League of Local Governments in the amount of $1,250.00.
b. Mayor Greavu moved to table until further information be obtained.
Seconded by Councilmember Anderson. Ayes — Mayor Greavu, Councilmembers Anderson,
Juker and Maida.
Nays — Councilmember Bastian.
J. VISITOR PRESENTATIONS
1. Richard Anderson, 2832 Keller Parkway
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a. Mr. Anderson brought the Council up to date as to what has transpired with his
property by Beam and Kohlman. He wishes to proceed with the development and would
like an indication of how the Council feels.
b. No action taken.
K. COUNCIL PRESENTATIONS
1. Maplewood In Motion
a. Councilmember Juker stated that the front part of the latest Maplewood In Motion
was all park and recreation articles. Articles regarding the City were hidden in
the back. She feels City articles belong in the beginning.
2. Maplewood Plan
a. Councilmember Anderson discussed property in the Gladstone area that was recently
turned down for a rezoning. It is now a court case.
3. Work Sessions
a. Councilmember Bastian asked if the Council /Staff work sessions on Thursdays were
going to continue.
b. Council indicated the meetings would continue at 5:00 P.M.
4. Appointments - Council Review
a. Councilmember Bastian requested a procedure be set up for Council to interview
the applicants for the City's Commissions and Boards.
b. No action taken until all applications are received.
5. Update Ordinances
a. Councilmember Bastian questioned if the code was being updated.
b. Staff stated the code is being updated.
6. Schroeder - Late Charge - Sewer Billing
a. Council requested staff to inform Schroeder Milk Company that they will be re-
quired to pay the sewer bill late charge.
L. ADMINISTRATIVE PRESENTATIONS
1. Labor Negotiations
Council adjourned the meeting at 10:25 P.M. to meet in executive session to discuss
labor negotiations.
M. ADJOURNMENT
10:25 P.M.
City Clerk
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