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HomeMy WebLinkAbout01.28.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Thursday, January 28, 1985 Council Chambers, Municipal Building Meeting No. 85-02 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 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes No. 84-25 (November 26, 1984) Councilmember Wasiluk moved to approve the Minutes of Meeting No. 84-25 (November 26, 1984) as submitted. Seconded by Councilmember Bastian. Ayes - all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: _ 1. Recycling 2. Thanking Volunteers 3. Employee Policy 4. Firefighters Relief Association 5. Attorney Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Wasiluk moved, Seconded by Councilmember Bastian, Ayes - all. to approve the Consent Agenda Items 1 and 2 as recommended. 1. Accounts Payable `j Approved the accounts (Part~'I - Fees, Services, Expenses - Check register dated January 14, 1985, through January 16, 1985 - $225,471.08: Part II Payroll Check dated 01-11-85 - $68,493.79) in the amount of $293,965.67. 2. Roseville Water Main Extension Resolution No. 85 - 1 - l0A - 1 - 1/28 WHEREAS, Burger King Corporation desires to build on Rice Street South of County Road "B"; WHEREAS, the City of Maplewood cannot provide water service to the site; WHEREAS, the City of Roseville has water service available on Rice Street; NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA, CITY COUNCIL, that the City of Roseville is requested to provide water service to the proposed Burger King Corporation site. F. PUBLIC HEARINGS 1. 7:00 P.M. Street Vacation, Rezoning, Variance - Frost Avenue to Walter Street - Mularoni a. Mayor Greavu convened the meeting for a public hearing regarding the request of Michial Mularoni to vacate Walter Street 254.92 feet south of Frost Avenue, Rezoning from R-1 to R-3 the property south of Frost Avenue, West of 1100 Frost Avenue, anda lot frontage variance of 42 feet for 1096 Frost Avenue. b. City Attorney Patrick Kelly explained the procedures for the hearing. c.. Manager Evans presented the staff report. d. Director of Community Development Geoff Olson presented the Planning Commission reports. e. Mr. Michial Mularoni, the applicant, spoke on behalf of this proposal. He read into the record excerpts from the staff report of 10-10-84 to the Planning Commission. f. Street Vacation - Walter Street 254.92 feet south of Frost Avenue. 1. Mayor Greavu called for proponents or opponents. The following expressed their opinions: Frank Silberbauer, 1078 Frost Avenue (if property is rezoned, then vacate Walter all the way to Fenton.) Jerry Johnson, 1101 Fenton (opposed to vacation) Pat Silberbauer, 1078 Frost Avenue (expressed the same views as her `'.a husband, Frank.) Edward Buehlman, 1907 Phalen Place (opposed to vacation) Wayne Sachi, speaking for his mother Lillian Sachi, 1100 Frost Avenue (in favor of the vacation) Sandra Dicke, 1747 Edward (opposed to vacation) - 2 - 1/28 2. Mayor Greavu closed the public hearing. 3. Councilmember Anderson moved to deny the vacation of Walter Street based on the following finding: a. Vacation of Walter Street denied on the basis that there is a public need for development of Walter Street. b. Frost Avenue is currently under plans for upgrading and a study should be made with respect to the impact of increased traffic that would result in a need for development of Walter Street. c. Public interest will not be advanced by vacation of - Walter Street. d. Future access from Walter Street to 1096 Frost Avenue would be completely eliminated if Walter Street was vacated. The only ingress and egress for 1096 Frost Avenue would be through an existing alley. Evidence revealed problems with limited - alley access as follows: 1. Thealley may not be sufficient for emergency access. 2. City of P4aplewood does not maintain plowing for alleys. 3. A determination from Ramsey County must be made con- cerning protection of the access of the existing alley in the development of Frost Avenue. Seconded by Councilmember Wasiluk. Ayes-- all. g. Rezoning - R-1 (Single Dwelling). to R-3 (Multiple Dwelling) 1. Mayor Greavu called for proponents and opponents. The following were heard: Frank Silberbauer., 1078 Frost Ave. (opposed) Pat 5ilberbauer, 1078 Frost Ave. (opposed) Jerry Johnson, 1101 Fenton St. (opposed) Delores Johnson, 1101 Fenton St. (opposed) Edward Buehlman, 1907 PhalenPlace (opposed) Wayne Sachi, speaking from his mother, Lillian Sahi, 1100 Frost Avenue (in favor) Sandra Dicke, 1747 Edward St. (opposed) James Youngren, 1865 Walter St. (opposed) a Michial Mularoni, the applicant, spoke on behalf of the proposal. 2. Councilmember Anderson moved to deny the rezoning based on the following findings: a. The proposed change is consistent with the spirit, purpose and intent of the zoning code and the land use plan. - 3 - 1/28 b. The proposed change will substantilly detract from the use of neighboring property and fromthe character of the neighbor- hood. The use of the property adjacent to the area included in the change is not safeguarded. Surrounding Land Uses Indicate as Follows: North Frost Avenue across Frost Avenue, Flicek Park East 2 single dwellings _ South single dwelling and an unimproved portion of Walter 5treetright-of-way West 2 single dwellings c. The proposed change will not serve the best interest and conveniences of the community and the public welfare. d. The proposed change would have a negative effect upon the logical, efficient and economical extension of public services and facilities, such as public water, sewers, police protection, fire protection and the schools. Seconded by Councilmember Wasiluk. Ayes - Councilmembers Anderson, Maida and Wasiluk Nays - Mayor Greavu & Councilmember Bastian h. Variance Councilmember Bastian moved to table the proposed variance. Seconded by Mayor Greavu. Ayes - all. 2. 7:10 P.M. - Code Amendment: R-3 Storage a. Mayor Greavu convened the meeting for a public hearing regarding an _ amendment to the Code to permit the required 120 cubic feet of miscellaneous storage space for multiple dwellings in the main building or the garage. 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. 'a e. Mayor Greavu closed theypublic hearing. f. Councilmember Bastian introduced the following ordinance and moved its adoption: - 4 - 1/28 ORDINANCE NO. 577 AN ORDINANCE AP4ENDING THE REQUIREMENT FOR MISCELLANEOUS STORAGE SPACE FOR MULTIPLE DWELLINGS The Maplewood City Council hereby ordains as follows: Section 1. Section 36-110 is amended as follows: Section36-110. Same Indoor storage spaces. A minimum of one-hundred twenty (120) cubic feet of storage space, in addition to normal closet space, shall be made available for each multiple-dwelling unit. Such storage space shall be located in the same building as the dwelling unit or in the garage, but shall not be considered as part of the habitable area of a dwelling unit. If located in the garage, it-shall be enclosed and shall not be part of the automobile parking area. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 3. 7:20 P.M. - Code Amendment - Fences a. Mayor Greavu convened the meeting for a public hearing regarding an amendment to the code to prohibit structural supports on the outside of boundaryfencing and address the issues of barbed-wire fences and fence maintenance. b. Manager Evans presented the staff report. - c. Mayor Greavu called for proponents. None were heard. d. CQayor Greavu called for opponents. None were heard. e. Mayor Greavu closed the public hearing. f. Councilmember Maida introduced the following ordinance and moved its adoption: ORDINANCE N0. 578 AN ORDINANCE REGULATING FENCES THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS; a Section 1. Section 36-20 is hereby rescinded: Fences bordering a property in the city for the purpose of enclosing the lot or tract shall be limited to a maximum height of six (6) feet for residential uses and ten (10) feet for nonresidential uses. Such fences shall be subject to determination by the building inspector as to whether the portion of fence which on the front yard thirty (30) foot setback area of the site constitutes an impairment to clear vision for traffic purposes or impairs the view from neighboring properties in such a manner _ - 5 _ 1/28 as to constitute a so-called "spite fence." In any case of obstruction to vision affecting traffic in the public street or from neighboring properties,. the height shall be only such as is determined by the building inspector to be acceptable. In making such determination,. the building inspector may request advice and information from both the city engineer, the police chief or persons representing these officials, and their opinion shall be given in writing to the building inspector to be retained by him as part of his per- manent record. Section 2. Section 9-3 is hereby amended as follows: Section 9-3, Fences. A fence that is within four feet of a property line shall be subject to thefollowing restrictions: 1. Fences shall have a maximum height of six feet for residential and ten feet for nonresidential uses. 2. A fence in a front yard that is at least 8055 opaque must be approved by the director of community development if it is visible from an adjacent dwelling. The director may approve the fence if it does not significantly impair views. 3. A fence is subject to Article V, Chapter 29 of theCity's Code of Ordi- nances (Sight Obstructions at Intersections). 4. The structural supports shall not be on the outside of a fence, facing the adjacent property. 5. Barbed-wire fencing shall be prohibited except in a F, farm residence district, where livestock is being raised. 6. Fences shall be constructed and maintained in a workmanlike manner. 7. The City Council may approve variations to this ordinance after notifying the adjacent owner(s) at least ten days beforea meeting. Section 3. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. 4. 7:30 P.M. Code Amendment: Swimming Pools a. Mayor Greavu convened the meeting for a public hearing regarding a proposed amendment tothe swimming pool setback requirements from utility lines to con- form with the requirements of the National Electrical Code and the National Electrical Safety Code. a 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 Wasiluk introduced the following ordinance and moved its adoption: - 6 - 1/28 ORDINANCE TQO. 579 AN ORDINANCE AMENDING UTILITY LINE CLEARANCES FROM SWIMMING POOLS THE MAPLEWOOD CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section L Section 31-5 (2)' is amended as follows: (2) Pools must be located to conform to the utility line clearances required by the National Electrical Code and the National Electrical Safety Code. Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Councilmember Anderson. Ayes - all. 5. 7:40 P.M. - Liquor License - North Maplewood Lions a. Mayor Greavu convened the meeting for a public hearing regarding the request of North Maplewood Lions for an On-Sale Club Liquor License to be located at the L and L Hall, 1310 Frost Avenue. b. Manager Evans presented the staff report. c. Mr. Clarence Haider, President, North Maplewood Lions, spoke on behalf of the request. 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 Ande'rsan'..introdneed':ahe'following--~esaluton and_moved~ts adoption: 85 - 1 - 10 NOTICE IS HEREBY GIVEN, that pursuant to action by the City Council of the City of Maplewood on January 28, 1985, an On-Sale Club Intoxicating Liquor License was approved for the North Maplewood Lions at 1310 Frost Avenue. The Council proceeded in this matter as outlined under the nrovisions of the City Ordinances. Seconded by Councilmember Bastian. Ayes - all. 6. 7:50 P.M., Street Vacation - South of 1858 Desoto a. Mayor Greavu convened the meeting for a public hearing regarding the proposal to vacate the street easement lying south of 1858 Desoto Street. b. Manager Evans presented the staff report. - 7 - 1/28 c. Director of Community Development Geoff Olson presented the Planning Commission report. d. Mr. Thomas Coil, the applicant, spoke on behalf of his request. e. Mayor Greavu asked for persons who wished to be heard for or against the proposal. The following were heard. Mr. Donald Torgerson, 1822 Desoto Street explained how this proposed vacation would affect his property. f. Mayor Greavu closed the public hearing. g. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 1 - 11 WHEREAS, Thomas Coil initiated proceedings to vacate the public interest in the following-described real property:. The North 30 feet of the West 250 feet of the SW 1/4 of the NE 1/4 of the 5W 1/4 of Section 17, Township 29 North, Range 22 West. (Document No. 1556589) WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Thomas Coil on November 5, 1984; 2. A majority of the owners of property abutting said street ease- . ment have signed a petition for this vacation; 3. This vacation was reviewed by the planning commission on January 7, 1985. The planning commission recommended to the city council that this vacation be approved; 4. The city council held a public hearing on January 28th, 1985, to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons presentat this hearing were given an opportunity to be heard and present written statements. The council also considered reports and recommendations of the city staff and planning commission. WHEREAS, upon vacation of the above-described street eastment, public interest in the property will accrue to the following-described abutting property: `:i Subject to streets and easements and except the West 163 feet lying south of the North thirty feet and except the East 163 feet of the West 489 feet of the South 85 feet of the North 455 feet, the 5W 1/4 of the NE 1/4 of the SW 1/4 of Section 17, Township 29, Range 22. NOW, THEREFORE, BE.IT RESOLVED by the Maplewood City Council that it is in the public interest to grant the above-described vacation on the basis of the following findings of fact: _ g _ 1/28 1. The possibility of a street along this alignment was rejected as part of the approval of the Twin Oaks Addition plat. 2. Within Twin. Oaks plat. under construction a street can no longer be cost-effectively constructed along this alignment. 3. The existence of the street easement unnecessarily restricts development of the properties to the north and south. Seconded by Councilmember Wasiluk. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. Rules of Procedures a. Councilmember Bastian proposed an amendment to the Rules of Procedures. b. Following further discussion, Councilmember Anderson introduced the fol- lowing resolution and moved its adoption: 85 - 1 - 12 Section L MEETINGS Regular: The City Council shall hold regular meetings on the secondand fourth Mondays of each month at 7:00 P.M., providedthat 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 l~~ast twenty-four hours before such meeting may call a special meeting. Notice of such meeting shall state the purpose or pur- poses 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 matters, business transacted at a special meet- ing shall be limited to that mentioned in the call. Emergency meetings ijj 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. - 9 - 1/28 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 P4ayor, 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 protem. Upon the ap- pearance 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 G. Award of Bids H. Unfinished Business I. New Business J. Visitor Presentations K. Council Presentations L. Administrative Presentations M. Adjournment Curfew: No additional agenda itemwill 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 7:00P.M. The continued meeting will startat the point on the agenda where the adjournment oc- curred. YSo 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) desig- nate the official newspaper, (3) choose an Acting Mayor from the member- ship of theCouncil 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 b (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the P4onday 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 investigation, an item may be accepted after the deadline upon the .approval of the City Manager. - 10 - 1/28 (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 o£ the Council may be considered by the Council whether or not there is a full membership present. The Coun- cil will hear all reasonable citizen petitions, requests and statements however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful 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 infor- mation 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 pre- sented 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 eachmember has previously been provided a copy. (c) The Council may, by motion carred 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 allmeetings of the Council. He shall state every question coming before the Council, an- nounce 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. Section 5. > 8 RULE5 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 recogni- - 11 - 1/28 tion 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 atthe 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 noti- fied, and the reconsideration 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 minutesa synopsis of the discussion on any question coming in proper order before the Council. Section 6. ADDRE55ING 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 audi- ble 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 o£ the Council, without the. permission of the Presiding Officer. NO question shall be asked a Councilmember or any mem- ber of the Administrative Staff except through the Presiding Officer. `i Section 7. GENERAL RULE5 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. - 12 - 1/28 Section 8. VOTING: Unless a member of the Council states that he it 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 Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, exept 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 thevote on ordinances, resolutions and motions, the ayes and nays shall be recorded unless the vote is declared unanimous. Upon the request of - any member of the Council, the vote shall be byroll 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 re- quired for the passage of dll ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the compre- hensive plan shall require at least four votes in favor. (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 preser- vation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a vote of at least four j!y members of the Council; as recorded by ayes and nays. 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 orris- - - Sion complained of. - 13 - 1/28 (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 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 Mana- ger shall confine his discussions at Council meetings to statements of fact, recommendations based on his knowlege and experience and explana- . tions of the reasons for the same, and any matters pertaining to admin- - istration. (b) 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. (c) 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. Seconded byCouncilmember Wasiluk. Ayes - Mayor Greavu, Councilembers Anderson and Wasiluk. Nays.- Councilmembers Bastian and Maida. j 2. Purchase Agreement: Lydia/McKnight a. Manager Evans presented the staff report. b. Councilmember Wasiluk introduced the following resolution and moved its adoption: - 14 - 1/28 85- 1- 13 RESOLUTION FOR PURCHASE OF LYDIA & MCKNIGHT PROPERTY FROM INDEPENDENT SCHOOL DISTRICT #622 BY CITY OF MAPLEWOOD FOR PARK PURPOSES WHEREAS, Independent School District #622, a public school corporation with offices at 2055 E. Larpenteur Avenue, Maplewood Minnesota, 55109, under the laws of the State of Minnesota, is the owner of property located at the intersection of Lydia and McKnight, in the City of Maplewood, Minnesota, and WHEREAS, the City of Maplewood, a municipal corporation under the laws of the State of Minnesota, with principal offices at 1380 Frost Avenue, Maplewood, Minnesota, 55109, desires to purchase the parcel of property of 12.07 acres, more or less, and WHEREAS, the Maplewood Comprehensive Plan includes this area as a park, NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that they enter into an agreement with the Independent School District #622 for the purchase of property at Lydia and McKnight subject to easements, restrictions, and reservations of record, for the sum of One-Hundred Twenty-Five Thousand Dollars ($125,000),which funds shall be provided from the Park Availability Charge on Commercial and Industrial Property. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 1. Code Amendment: Trash Container Enclosures (First-Reading) a. Manager Evanspresented the staff report. b. Councilmember Anderson moved first reading of an ordinance which would re- quire masonry enclosures for trash dumpsters. Seconded by Councilmember Wasiluk. Ayes - all. 2. Annual Report: Planning Commission - a. Councilmember Maida moved to accept the annual report from the Planning Commission. Seconded by Councilrtember Wasiluk. Ayes - all. 3. Economic Development Committee 8 a. Manager Evans presented the staff report. b. Councilmember Bastian moved to table this item until after the meeting with Commissions and Boards. Seconded by Mayor Greavu. Ayes - all. - 15 - 1/28 4. Ordinance on Sewer Rates a. Manager Evans presented the staff report. b. Councilmember Wasiluk moved first reading of an ordinance to amend section 28-23 to delete: 1. Residents billed at the senior citizen rate. 2. Properties for which someone other than occupant has requested to be billed. Seconded by Councilmember Bastian. Ayes - all. J. VISITOR PRESENTATIONS None. K. COUNCIL PRESENTATIONS 1. Recycling a. Councilmember Maida stated she had received a call from Mr. Janeman regarding recycling. b. Council instructedstaff to investigate how North 5t. Paul handles recycling. c. Councilmember Bastian moved to referthis item to our representative of _ the Chamber to discuss the recycling issue again. Seconded by Councilmember Maida. Ayes - all. 2. Thanking the Volunteers a. Councilmember Anderson moved to thank the volunteers for all their work on the Senior Share Program. - Seconded by Councilmember Bastian. Ayes - all. 3. Employees Policy a. Councilmember Bastian questioned if Council has placed a "freeze" on new hirings. If not, he requested it be placed on the next agenda. 4. Attorney a. Mayor Greavu~statedthe City Attorney should advise the Council immediately (during the meetings) if they feel the Council needs the information. - L. ADMINISTRATIVE PRESENTATIONS 1. Firefighters' Relief Association. a. Manager Evans presented the staff report. b. Councilmember Bastian moved to amend the Maplewood Firefighters' Relief - 16 - 1/28 By-Laws retroactive to January 1, 1985, as follows: 1. Article 6 Section 2 Service Credit Each member will accumulate a service credit at the rate of $66.67 per month or major fraction thereof, ($800.00 per year). Maximum service credit after 30 years would be $24,000. Leave of absence will not count as service time, and the service entry date will be adjusted accordingly. Seconded by Councilmember Wasiluk. Ayes - all. M. ADJOURNMENT 9:51 P.M. City Clerk a - 17 - 1/28