HomeMy WebLinkAbout01.03.80 MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, January 3, 1980
Council Chambers, Municipal Building
Meeting No. 80-1
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 7:30 P.M, by Mayor Greavu.
B. ROLL CALL
John C. Greavu, Pfayor Present
Norman G. Anderson, Councilman Present
Burton A. Murdock, Councilman Present
Earl L. Nelson, Councilman Present
Donald J. Wiegert, Councilman Present
C. APPROVAL OF MINUTES
1. Minutes of Meeting No. 79-29 (November 15, 1979)
Councilman Wiegert moved that the Minutes of Meeting No. 79-29 (November 15 1979)
be approved as submitted.
Seconded by Councilman Murdock. Ayes - all.
2. Minutes of Meeting No. 79-30 (December 6, 1979)
Councilman Anderson moved that the Minutes of Meeting No. 79-30 (December 6, 1979)
be approved as submitted.
3. Minutes of Meeting No. 79-31 (December 20, 1979)
Councilman Murdock moved that the Minutes of Meeting No. 79-31 (December 20, 1979)
be a proved as submitted.
Seconded by Councilman Wiegert. Ayes - all.
Councilmen Murdock and Wiegert relinquished their seats to the new Council Members.
Installation of Councilpersons
Councilman Gary W. Bastian and Councilperson Frances L. Juker received their respect-
ive oaths of office and were seated.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended:
-1- 1/3
1. City Manager's Salary
2. Staff Meeting
3. Commission Pay
4. Duplex Ordinance
5. A F S C M E Contract
6. Suburban Mayors' Letter
7. Ramsey County Open Space
Seconded by Councilman Anderson. Ayes - all.
E. CONSENT AGENDA
Council removed Items E-3 and E-6 to become Items J-2 and J-3.
Mayor Greavu moved, seconded by Councilman Nelson, Ayes - all, to approve the Consent
Agenda, Items 1 through 4, as recommended.
1. Accounts Payable
Approved the accounts (Part I - Fees, Services and Expenses - Check No. 003912
_ through Check No, 003930 - $32,935,68; Check Tdo. 004094 through Check No. 004228 -
$234,948.85: Part II, Payroll - Check No. 32840 through Check No, 22969 - $48,513.87)
in the amount of $316,398.40 be paid.
2. Designation of Official Depositories for Time Deposits
Resolution No. 80-1-1
BE IT RESOLVED, that the following be and hereby are selected as depositories
for time deposits of the City of Maplewood:
Eastern Heights State Bank
F & M Savings Bank
First National Bank ofSt. Paul
First State Bank of St. Paul
Hennepin Federal Savings & Loan
Hillcrest MidAmerica Bank
Home Federal Savings and Loan
Maplewood State Bank
Midwest Federal Savings andLoan
Northern Federal Savings and Loan
Torthwestern National Bank of Minneapolis
Northwestern National Bank of St. Paul
BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall
not exceed the amount of F.D.I.C. or F.S.L.I.C, insurance covering such deposit unless
collateral or a bond is furnished as additional security; and
BE IT FURTHER RESOLVED, that Funds in the above depositories may be withdrawn and
wire transferred to any other official depository of the City by the request of the
City Treasurer of Finance Director; and
BE IT FURTHER RESOLVED, that these depository designations are effective through
January, 1981.
- 2 - 1/3
3. 1980 Park Capital Improvement Budget
Approved the 1980 Park Capital Improvement Budget as presented.
4. Settlement - Maplewood Improvement Project No. 77-14
Resolution No. 80-1-2
idHEREAS, pursuant to the taking of temporary construction easements for a public
improvement project, Maplewood Project 77-14 (Beam and Lydia Avenue Connections),
Commissioners, appointed by the Ramsey County Court, have awarded damages in the gross.
amount of $16,865.00 to the Respondent owners to wit: Don M. Lattimore, etal; and
WHEREAS, the City of Maplewood has previously tendered and paid in the Court the
sum of $13,165.00 for these temporary construction easements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that
the City Clerk and Mayor are hereby directed to issue a proper order for the payment
to the Respondent owners, Don W. Lattimore, etal, the balance of $3,165.00, together
with interest thereon computed at six per cent (6%) through date of deposit, February 5,
1980, calculated in the gross amount of $3,291.60, taking their receipt in full.
Councilman Anderson moved to appoint Councilman Earl Nelson as Chairman of the Board
of Adjustments and Appeals.
Seconded by Mayor Greavu. Ayes - all.
Mayor Greavu recessed the meeting at 7:39 P.M. to convene as the Maplewood Board of
Adjustments and Appeals.
Mayor Greavu reconvened the meeting at 8:01 P,M.
F. PUBLIC HEARINGS
3. P.U.D. - Lydia Avenue - Concordia Arms - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Zion Lutheran Church for a special use permit for a Planned Unit Development
to construct a three story elderly housing project. The Clerk stated the notice
of hearing was in order and noted the dates of publication.
b. Manager Evans presented the staff report and presented the Community Design
Review Board 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 Planned Unit Development, including the three variances:
1. Council has given concept approval for a planned unit development on December 12,
1974. Approval included the concept of density transfer;
2, The Maplewood Housing and Redevelopment Authority has gone on record in support
of elderly housing at this site;
-3- 1/3
3. The HUD representative for this project has stated that garages or increased
floor areas cannot be included in project financing;
4. The enclosed survey by Weber Investment Corporation shows that the proposed
number of parking spaces are more than provided in other elderly projects
in the Metropolitan Area;
5. The project is consistent with the City Land Use Plan and density requirements;
6. There are common dining and lounge areas that partially compensate for the
reduced unit sizes;
7. The density requirements of the Plan recognize that there are fewer people/
unit in elderly housing than in conventional housing. A smaller unit size is,
therefore, acceptable;
8. The City Ordinances have not considered the unique nature of parking and floor
area requirements for elderly housing;
9. The variances meet the criteria of Section 911.010 (9) (b) of the City Code.
Approval includes the following conditions:
1. A building permit must be taken out within one year or Council must approve
a time extension if the PUD is to remain valid;
2. The southeast corner of the site (91.46 by 120 feet) shall be dedicated to the
City as part of the adjacent park and considered as a credit against the park
availability charge. This property shall be seeded and planted with some
trees. This property shall be included in calculating the density for the
site;
3. If the City Council determines in the future that there is inadequate parking,
an additional row of parking may be required by Council along the south edge
of the parking lot. In order to assure that adequate funds are available for
expanding the parking lot, a cash deposit or letter of credit shall be submitted
to the Director of Community Development. The amount shall be determined by
the City Engineer's estimated construction cost of the parking lot expansion.
If there is adequate parking demonstrated one year after occupancy, the cash
deposit or letter of credit shall be returned to the applicant. The building
shall be moved 10 feet to the south to allow space for future parking;
4. A letter from HUD must be submitted to the Director of Community Development
verifying that HUD will not finance this project if the variances for minimum
floor area and garages are denied.
Commissioner Ellefson seconded.
Commissioner Pellish said he would have to abstain from voting as he did have a
previous association with the attorney working on the project.
Voting: Ayes - 7
Abstained - 1 (Commissioner Pellish)"
d. Mayor Greavu called for proponents, the following were heard:
Mr. Gerald Mogren, 2855 Frederick Street;
Reverand Gadbois, Zion Lutheran Church;
Ms. Susan Truskolaski, Joseph Easlee & Associates.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson moved to accept the southeast corner of the site (91.46
- 4 - 1/3
x 120 feet) in lieu of the Park Availability Char ems.
Seconded by Councilman Nelson. Ayes - all.
h. Councilman Anderson introduced the following resolution and moved its adoption:
80-1.-3
WHEREAS, a petition was filed with the City of Maplewood as provided under
Section 915.010 of the Municipal Code of the City of Maplewood, said petition
having been signed by more than 50% of the owners of property within 200 feet
of the property described as follows:
Outlot A, Robert Tilsen's Maplewood Heights No. 6
which has been proposed for Special Use Permit.
WHEREAS, a public hearing was held on January 3, 1980 at 7:45 P. M, in the
City Hall, notice thereof having been duly published in the official City newspaper,
and notices of said hearing having been mailed to all property owners of record
within 200 feet of the area proposed for planned unit development to construct
a three story elderly housing project; and
WHEREAS, the City Planning Commission has made its recommendations; and
WHEREAS, it appears for the best interest of the public that said petition be
granted;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00D, MINNESOTA,
that the petition for the above described Special Use Permit for Planned Unit
' Development to construct a three story elderly housing project be granted, subject
to all conditions contained in the Planning Commission and Community Design Review
Board reports.
Seconded by Councilman Nelson. Ayes - all.
4. P.U.D./Preliminary Plat/Street Vacation - Cave's Century Addition - 8:00 P,M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Sam Cave for approval of a Special Use Permit for a Planned Unit Develop-
ment preliminary plat and street vacation to construct 29 single dwellings, 21
double dwellings and 17 four plexes on a parcel of land located west of Century
Avenue and North of Maryland Avenue. The Clerk stated the hearing notices were
found to be 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 Kishel moved the the Planning Commission recommend to the City
Council approval of the Planned Unit. Development for Cave's Century Addition on
the basis that the development is consistent with the City's Land Use Plan and
with the types of uses approved in the adjacent Medium llensity area being developed
as the Maple Green's project.
- 5 - 1/3
Approval is conditioned on:
1. Starting construction within one year.
2. The PUD may be renewed after one year by Council approval if construction has
not started.
Approval of the preliminary plat, subject to the following conditions:
1. Vacation of Farrell Street.
2. Footings for double or quad units shall be pinned by a registered surveyor
before the foundation is laid to assure that party walls will be constructed
exactly on common lot lines.
3.. Deed restrictions shall be filed against those lots planned for double or
quad development, requiring that those lots shall only be used for the use
approved under the PUD. Except that, lots proposed for double dwellings may
be used for single dwelling homes, if Council approves a revision to the PUD.
This will assure that lots without street frontage will not be sold for other
uses.
4. Submission of proposed bike trail easements.
5. Approval of the PUD and street vacations.
6. Submission of a signed developers agreement to be approved by the Director
of Public Works.
7. The developer's agreement shall include the construction of a 10 foot trail
' and fencing on the proposed bike trail easements, to be approved by the
Director of Community Services.
8. The developer's agreement shall include construction of a minimum five foot
chain link fence on the Century East Townhouse property line, from the west
boundary of the Century East Apartments, to the northwest corner of the
townhouse property, and from the same corner to the northwest corner of lot 8,
block 1, Myhra Addition. The Century East Townhouse Association shall sign
an agreement to completely fence the remainder of the recreation area, in-
cluding a lockable gate. The Association shall file an irrevocable letter of
credit or cash deposit with the City within one week of the signing of the
Developer's agreement, for the Association's share of the fence cost. If the
fence is not constructed by the Association within 60 days after the developer
has completed his part of the fence, the Association's security deposit shall
be forfeited to the developer as reimbursement for his costs. Failure of the
Townhouse Association to agree to this condition shall end the developer's
responsibility for fencing.
9. Approval of final utility and drainage plans by the Director of Public Works.
10. Implementation of the recommendations of the Soil Conservation Service.
Approval of the vacation of that portion of Hawthorne Avenue from the west line
-6- 1/3
of the Century East Apartment property to Ferndale Street, except that part shown
on the preliminary plat for street use and except that 20 foot part planned for
bike trail to the Century East Apartments.
Approval is based on the finding that such right-of-way has not public purpose
and is in the interest of the City to vacate.
Commissioner Sherburne seconded. Ayes all."
d. Mayor Greavu called for proponents. The following were heard:
Mr. Sam Cave, the applicant;
Mr. Richard Pearson, 1959 White Bear Avenue.
e. Mayor Greavu called for opponents. The following were heard:
Mr. Roland Vogel, 2674 E. Maryland Avenue;
Mr. Alf J. Hobbins, 2687 E. Maryland Avenue.
f. Mayor Greavu closed the public hearing.
g. Councilman Anderson moved to table this item for further study.
Motion died for lack of a second.
h. Councilman Anderson moved to approve the Planned Unit Development and the pre-
liminary plat for Cave's Century Avenue with the stipulation that no building be
commenced along Ferndale Avenue and proposed lots 25 thru 28 along Maryland Avenue
until a further study is completed (scheduled by February 7, 1980) and that partial
approval be subject to Mr. Cave's consent.
Seconded by Councilperson Juker. Ayes - all.
5. Street Vacation - Curve Street and Claire Street - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding a proposal
to vacate Curve Street between Skillman Avenue and Claire Street and Claire Street
between Curve Street and Clarence Street. The Clerk stated the hearing notice was
in order .and noted the date of publication.
b. Manager Evans presented the staff report.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Sherburne moved the Planning Commission recommend to the City Council
approval of the proposed street vacations as such right of way has no public pur-
pose and is in the interest of the public to vacate.
Commissioner Pellish seconded. Ayes all."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearingo
_ 7 _ 1/3
g, Councilman Anderson introduced the following resolution and moved its adoption:
80-1-4
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851,
thereof, the Maplewood City Council, upon Petition of a majority of the owners of
the land abutting the streets proposed to be vacated, and after a public hearing
preceeded by two (2) weeks published and posted notice, proposes the vacation of
the following described streets located in Section 15, to wit:
Curve Street between Skillman Avenue and Claire Street
Claire Street between Curve Street and Clarence Street
Legal description of property affected:
Lots 1 thru 12, Block 9, Gladstone Addition (Curve Street)
Lot 12, Block 9, Gladstone Addition (Claire Street)
WHEREAS, the Maplewood City Council finds that the vacation of the above de-
scribed streets are in the interest of the public due to changing land uses and
obsolete platting.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota,
that the above described streets be and hereby are, vacated and the City Clerk is
hereby directed to prepare a notice of completion of the proceedings pursuant to
the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause
the same to be presented to the County Auditor for entry upon his transfer records
and the same shall be thereafter filed with the Ramsey County Recorder.
Seconded by Councilman Bastian. Ayes - all.
H. UNFINISHED BUSINESS
1. Sandhurst Street, VanDyke to Hazel (Project 78-21)
a. The applicant, Mr. James O'Keefe, has requested this item be tabled to Jan-
' uary 17, 1980.
b. Mayor Greavu moved to table this item until the Meeting of January 17, 1980.
Seconded by Councilman Anderson. Ayes - all.
2. Proposed Fire Alarm System
a. Mayor Greavu moved to table this item to allow more time to study this proposal.
Seconded by Councilman Anderson, Ayes - all.
3. Farrell Street Vacation
a. Manager Evans presented the staff report recommending approval of the vacation
of Farrell Street, between Maryland Avenue and Hawthorne Avenue, on the basis that
the street serves no public purpose and it would be in the publics interest to
vacate it.
- 8 - 1/3
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Pellish moved the Planning Commission recommend to the City Council
approval of the vacation of Farrell Street between Maryland Avenue and Hawthorne
Avenue on the basis that the street serves no public purpose and it would be in
the public's interest to vacate it.
' Commissioner Howard seconded. Ayes all."
c. Councilman Nelson introduced the following resolution and moved its adoption:
80-1-5
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 412.851,
thereof, the Maplewood City Council, upon petition of a majority of the owners
of the land abutting the street proposed to be vacated, and after a public hearing
preceeded by two (2) weeks published and posted notice, proposes the vacation of the
following described street located in Section 24 to wit:
Farrell Street between Maryland Avenue and Hawthorne Avenue
Lots 1 and 14, Block 2, Myhra Addition
Lot 9, Block 1, Myhra Addition and
Century East Addition as it abuts Farrell Street on the West;
WHEREAS, the Maplewood City Council finds that the vacation of the above
described street are in the interest of the public due to changing land uses and
obsolete platting.
NOW, THEREFORE, BE IT RESOLVED, by the City Council, Ramsey County, Minnesota,
that the above described street be and hereby are, vacated and the City Clerk is
hereby directed to prepare a notice of completion of the proceedings pursuant to
the provisions of Minnesota Statutes, Section 412.851 thereof, and shall cause the
same to be presented to the County Auditor for entry upon his transfer records
and the same shall be thereafter filed with the Ramsey County Recorder.
Seconded by Mayor Greavu. Ayes - all.
4. Establish Rehearing Date - Project 75-6 - Howard and Larpenteur Avenues
a. Manager Evans presented the staff report recommending the Improvement of
Storm Sewer in the Howard and Larpenteur Avenue Area be reheard.
b. Mayor Greavu introduced the following resolution and moved its adoption:
80-1-6
WHEREAS, the City Engineer for the City of Maplewood has been authorized and
directed to prepare preliminary plans for the improvement of the area bounded by
Larpenteur Avenue, McKnight Road, Ripley Avenue (extended) and Beebe Road by
construction of storm sewers, appurtenances and necessary street reconstruction
(Improvement 75-6); and
WHEREAS, the said City Engineer has prepared the aforesaid preliminary plans
for the improvement herein described;
- 9 - 1/3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
as follows:
1. The report of the City Engineer advising this Council that the proposed
improvement of the area bounded by Larpenteur Avenue, McKnight Road, Ripley
Avenue (extended) and Beebe Road by construction of storm sewers, appurtenances
and necessary street reconstruction (Improvement 75-6), is feasible and should
best be made as proposed, is hereby received.
2. The Council will consider the aforesaid improvement in accordance with
the reports and the assessment of benefited property for all or a portion of
the cost of the improvement according to M.S.A. Chapter 429, at an estimated
total cost of the improvement of $110,000.00.
3. A public hearing will be held in the Council Chambers of the City Hall at
1380 Frost Avenue on Thursday, the 28th day of February, 1980, at 7:30 P.M.
to consider said improvement. The notice for said publio hearing shall be
in substantially the following form:
NOTICE OF HEARING ON CONSTRUCTION
OF STORM SEWERS AND STREET RECONSTRUCTION
TO WHOM IT MAY CONCERN:
WHEREAS, the City Council of the City of Maplewood, Ramsey County, Minnesota,
deems it necessary and expedient that the improvement hereinafter described be made;
NOW, THEREFORE, notice is hereby given that the City Council will hold a public
hearing on said improvement at the following time and place within the said City:
Date and Time: February 28, 1980, at 7:30 P.M.
Location: City Ha11, 1380 Frost Avenue
The general nature of the improvement is the construction of storm sewers,
appurtenances, and necessary street reconstruction (Maplewood Project 75-6)
in the following described area:
That area bounded by Larpenteur Avenue, McKnight Road, Ripley Avenue
(extended) and Beebe Road.
The total estimated cost of said improvement is $110,000.00.
It is proposed to assess every lot, piece or parcel of land benefited by said
improvement whether abutting thereon or not, based upon benefits received without
regard to cash valuation.
Persons desiring to be heard with reference to the proposed improvement should
be present at this hearing. Anyone not present will be presumed to be in favor
of the proposed improvement.
This Council proposes to proceed under the authority granted by Chapter 429
M.S.A.
Dated this 3rd day of January, 1980.
- 10 - 1/3
BY ORDER OF THE CITY COUNCIL
/s/ Lucille E, Aurelius
City Clerk City of Maplewood
Seconded by Councilman Nelson. Ayes - all.
I. VISITOR PRESENTATION
1. Mr. George Ostrand, 1685 Ames
a. Mr. Ostrand requested the Council to re-evaluate the decision to hold a mor-
atorium on the special use permits for construction of a double dwelling on R-1
zoned property.
b. No action taken.
J, NEW BUSINESS
1. Council Appointments
a. Acting Mayor
1. Mayor Greavu moved to appoint Councilman Earl Nelson as Acting Mayor for
1980.
Seconded by Councilman Anderson. Ayes - all.
b. Planning Commission
1. Manager Evans stated terms for the following Planning Commissioners have
expired:
Beverly Kroiss, Chuck Kent, Gary Sherburne, Duane Prew, and Paul Ellefson.
Beverly Kroiss was appointed in June, 1978 to fill out the term of Everett
Waldron, Bev does not wish to be reappointed, because of conflicts with school.
Chuck Kent was appointed April 5, 1979 to fill out the term of Ken Rossow.
Chuck also does not wish to be reappointed because of conflicts with his work.
Gary Sherburne was appointed on January 8, 1976. He would like to be reappointed.
Duane Prew was appointed on March 2, 1972. He also would like to be reappointed.
Paul Ellefson was appointed on April, 1977 to fill out the term of another
Commissioner. He also would like to be reappointed.
Each of these appointments are for a three year term.
The Planning Commission is considering a recommendation on new appointments
to fill the vacant positions.
Council is also required to appoint the Chairman to the Planning Commission
for 1980. The present Chairman is Les Axdahl.
- 11 - 1/3
2. Councilman Anderson moved the reappointment of Gary Sherburne, Duane
Prew and Paul Ellefson to the Planning Commission for three (3) year terms.
Seconded by Councilman Bastian. Ayes - all.
3. Mayor Greavu moved to appoint Les Axdahl as Chairman of the Planning
Commission,
Seconded by Councilman Anderson. Ayes - all.
c. Community Design Review Board
1. Manager Evans stated terms for the following Board members have expired:
Mille Haugan, Don Huot and Lyle Mueller.
Mrs. Haugan has been on the Board since March 1977. She originally filled out
a term that expired January 1978 and was then reappointed for two years. She
does not wish to be reappointed.
Mr. Huot was appointed January 1976 and is now completing his second two year
term. The Ordinance allows only two terms.
Mr. Mueller. was appointed in February 1978 to fill out a term expiring January
1, 1980. He wishes to be reappointed.
Section 202..130 fo the City Code states that, "The Community Design Review
Board shall consist of six (6) members. All members of the Board shall be
appointed by the City Council. Initially, three (3) of the Council appointed
members shall serve a one (1) year term. Three (3) of the Council appointed
members shall serve a two (2) year term. Council appointed members shall serve
no more than two (2) consecutive terms. All subsequent appointments shall be
for two (2) year term only. The Community Design Review Board Chairman shall
be chosen annually by the Board."
2. Mayor Greavu moved to reappoint Lyle Mueller to the Community Design Review
Board for a two year term.
Seconded by Councilman Bastian. Ayes - all.
3. The Community Design Review Board is advertising for new members.
d. Official Newspaper
1. Mayor Greavu introduced the following resolution and moved its adoption:
80-1-7
BE IT RESOLVED, that the City Council of Maplewood Minnesota, designate
the Maplewood Review as the Official City Newspaper for the year 1980.
Seconded by Councilman Anderson. Ayes - all.
e. Rules of Procedures
1. Councilman Anderson introduced the following resolution and moved its
adoption:
- 12 - 1/3
80-1-8
Section 1,
MEETINGS
Regular: The City Council shall hold regular meetings on the First and Third
Thursdays of each month at 7:30 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 wri.i'ting 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 or 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 matters, 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 Councilmen 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 is present. In the absence of the Clerk, the Mayor
shall appoint a secretary protemo Upon the appearance of the quorum the Council
shall proceed to business which shall be conducted in the following order:
1. Call to Order
2. Roll Call
3. Approval of Minutes
4. Approval of Agenda
5. Public Hearings
6. Awarding of Bids
7. Approval of Accounts
8. Unfinished Business
9. Visitor Presentations
10. New Business
11. Council Presentations
12, Administrative Presentations
13. Adjournment
Curfew: No additional agenda item will be discussed after 11:30 P.M. No discussion
- 13 - 1/3
will. continue past 12:00 Midnight. Meetings adjourned under this policy will be
continued to the next Tuesday (or Thursday if Tuesday is an official holiday) at
7:30 P,M. The continued meeting will start at the point on the agenda where the
adjournment occured. 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 news-
paper, (3) choose an Acting Mayor from the membership of the Council who shall per-
form 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 Friday prior to the Thursday 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-
vesitgation, an item may be accepted after the deadline upon the approval of the
City Manager.
2) Except for trivial matters, no item of business shall be considered for action
by the Council which does not appear on the agenda for the meeting, except that
an item of 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 Councilman 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.
MINUTES:
(a) The City Clerk shall keep a record of all Council meetings.
(b) Unless a reading of the minutes of a Council meeting is requested by a member
of the Council, such minutes may be approved without reading if each member
has previously been provided with a copy.
(c) 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.
Section 4.
DUTIES OF THE PRESIDING OFFICER:
- 14 - 1/3
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 of 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 of order. He may vote on
all questions and on a roll call vote determine the order in which votes are cast.
Section 5.
RULES OF DEBATE•
(a) The Mayor or other"Presiding Oftieer mag,movecsecond axid debate from.- he 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
Councilman 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 pre-
vailing 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
reconsideration of the action shall be taken at the next regular meeting follow-
ing passage of the motion to reconsider.
(e) A Councilman 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.
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, if requested by the Presiding Officer,
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
- 15 - 1/3
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 Councilman
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
authority 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 inter-
rupt the proceedings or the peace of the Council, 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.
ORDINAIQCES, 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
ordinances, resolutions and motions, the ayes and nayes 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 pro-
. vided 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 ordin-
ances, 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 seven 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
- 16 - 1/3
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 ordinance
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 omission 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.
CONllUCT 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 prescribed by Minnesota Statutes
in regard thereto, however, it is recognized that the City Council is the
policy making body for the City and the City Manager shall confine his discus-
sions at Council meetings to statements of fact, recommendations based on
his knowledge and experience and explanations of the reasons for the same, and
any matters pertaining to administration.
(b) The City Attorney may not take part in the discussions of the City Council
except to answer questions directed to him, comment on matters involving legal
'posers or procedures of the City, and to present factual material to the Council.
(c) No City Employee, other than the City Manager or Attorney, shall enter into dis-
cussions of the City Council except to answer questions directed to such em-
ployee, 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 Councilmen these rules may be waived.
Section 13:
ADJOURNMENT
A motion to adjourn shall always be in order and decided without debate.
Seconded by Councilman Nelson. Ayes - a11.
f. Ramsey County Delegate
1. Mayor Greavu moved to appoint Councilman Gary Bastian as a delegate to
- 17 - 1/3
the Ramsey County League of Local Governments.
Seconded by Councilman Anderson. Ayes - all.
2. Councilman Anderson moved to appoint Councilperson Fran Juker as alternate
- delegate to the Ramsey County League of Local Governments.
Seconded by Councilman Nelson. Ayes - all.
g. Civil Service Commission
1. .Manager Evans stated each year one Civil Service Commissioner is appointed
for a three (3) year term. Commissioner William Mikiska was appointed on
September 6, 1979, to fill the remaining unexpired term of resigned Commissioner
Lyle Rhein.
I have discussed the matter with Commissioner Mikiska, and he would be pleased
to serve a full term should the Mayor and City Council. reappoint him. He has
been very active in Commission matters since his appointment.
2. Mayor Greavu moved to reappoint William Mikiska to the Civil Service
Commission for a three (3) year term.
Seconded by Councilman Anderson. Ayes - all.
2. Final Payment - Beam Avenue Connection - Improvement tdo. 77-14
a. Manager Evans presented a letter recommending payment from the consulting
engineers for the above named project in the amount of $13,966.76. The project
has been satisfactorily completed in accordance with the specifications for the
project and this department recommends payment. It should be noted that the
original contract was in the amount of $116,427.00 and that the final contract
amount is $102,280.70, or an actual savings of 14.1% below the bid amount.
b. Councilman Anderson introduced the following resolution and moved its adoption:
80-1-9
WHEREAS, pursuant to a written contract signed with the City, on September 7,
1978, Ashbach Construction Company has satisfactorily completed Maplewood Project
77-14 (Beam Avenue Roadway Connection) in accordance with such contract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
that the work completed under such 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.
Seconded by Councilman Nelson. Ayes - all.
3. Purchase of City Owned Fire Arms for Police Officer
- 18 - 1/3
a. Councilman Anderson moved to authorize staff to proceed with procuring
the 47 fire arms from the low bidder, Law Enforcement Equipment Company, for
$6 650.21 and further that authorization is needed to decrease the 1979 Public
Safety Budget by $6 650.21 and increase the 1980 Public Safety Budget by the
same amount.
Seconded by Councilman Nelson. Ayes - all.
K. COUNCIL PRESENTATIONS
1. City Manager's Salary
a. Councilman Nelson moved to include the Manager in the wage increase and
benefits approved by Council on December 20, 1979, for the non-union personnel,
to be effective February 26, 1980.
Seconded by Councilman Anderson. Ayes - Councilmen Anderson, Bastian, Juker and
Nelson.
Nays - Mayor Greavu.
2. Staff/Council Meetings
a. Councilman Anderson moved to continue the Staff/Council pre-agenda meetings
on the Monday at 5:00 P,M, preceding the regular Council Meetings.
Seconded by Councilperson Juker Ayes - Councilmen Anderson, Bastian, Juker
and Nelson.
Nays - Mayor Greavu.
3. Commission Pay
a. Councilman Anderson questioned the progress of the request to study Commission
Pay.
b. Staff is working on it.
4. Duplex Ordinance
a. Councilman Anderson moved to waive the Rules of Procedure and have 1st and
2nd reading of an ordinance restricting the construction of duplexes or double
homes in R-1 zones.
Seconded by Councilman Nelsono Ayes - all.
b. Councilman Anderson introduced the following ordinance and moved its adoption:
ORDINANCE N0. 480
AN ORDINANCE RESTRICTING
THE CONSTRUCTION OF DUPLEXES OR
DOUBLE HOUSES IN R-1 ZONE
The Council of the City of Maplewood does hereby ordain as follows:
Section 1. Pursuant to the provisions of Minnesota Statute 462.355, the
construction and issuance of building permits for the construction of duplexes
- 19 - 1/3
or double houses in R-1 zoned areas is hereby prohibited for a period not to
exceed one year from and after the effective date of this Ordinance.
Section 2. This Ordinance shall take effect upon passage and publication.
Seconded by Councilman Bastiano Ayes - allo
5. A F S C M E Contract
a. Mayor Greavu moved to grant the AFSCME Clerical-Technical and Maintenance
Unit a $175.00 per month across the board increase.
Motion died for lack of a second.
6. Suburban Mayors - Letter
a. Mayor Greavu stated he had received a letter from the Mayors of Mound
and Burnsville informing him of their concerns regarding the Metro Council.
There will be a meeting January 16, 1980 at 7:30 P.M. in Room 118 of the State
Capitol Building regarding these concerns.
7. Open Space
a. Mayor Greavu moved to send a letter to Ramsey County requesting they investi-
gate obtaining the Hillcrest Development Proper south of Larpenteur Avenue on
the east side of McKnight Road, for open space purposes.
Seconded by Councilman Anderson. Ayes - all.
b. Mayor Greavu moved to send a letter to the Department of Ramsey County Open
Space requesting that they keep the City informed as to the purchase and proposed
purchase of land in Maplewood for Open Space.
Seconded by Councilman Anderson. Ayes - all.
L. ADMINISTRATIVE PRESENTATIONS
None.
M. ADJOURNMENT
11:28 P.M.
City Clerk
- 20 - 1/3