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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