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HomeMy WebLinkAbout01.13.86 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, January 13, 1986 Council Chambers, Municipal Building Meeting No. 86-O1 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 7:03 P.M. by Mayor Greavu. A-1 OATH OF OFFICE John C. Greavu, Mayor-elect, Norman G. Anderson and Frances L. Juker, Councihnembers-elect, received their respecfive oaths of office from City Clerk, Lucille Aurelius, and were seated. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councihnember Present Chazlotte Wasiluk, Councilmember Present C. APPROVAL OF MINUTES 1. Minutes of Meeting No. 85-28, December 12, 1985 Councilmember Anderson moved to table the Minutes of Meeting No. 85-28 (December 12, 19851 until the Meeting of January 27, 1986, and that the discussion of the Manager's Contract be added. Seconded by Councilmember Bastian. Ayes -all. 2. Minutes of Meeting No. 85-29, December 23, 1985 Councihnember Anderson moved to approve the Minutes of Meeting No. 85-29 (December 23, 1985) as corrected: Page I5, Item 5-C c. Mayor Greavu moved to accept the terms of the original contract as amended by the addendum yresented by Mr. Lais. Seconded by Councilmember Maida. Mr. Lais demanded contract be approved or go back to original contract. Councilmember Bastian moved to table this item. 1/13 Seconded by Councihnember Anderson. Ayes - Councihnembers Anderson and Bastian. Nays -Mayor Greavu, Councilmembers Maida and Vasiluk. Vote on Original Mofion Ayes -Mayor Greavu, Councilmembers Maida and Wasiluk Nays - Councilmembers Bastian and Anderson. Seconded by Councilmember Bastian. Ayes - Councilmembers Anderson, Bastian, Joker and Wasiluk Nays -Mayor Greavu 3. Minutes of Meeting No. 85-30, December 26, 1985 Councilmember Anderson moved to approve the Minutes of Meeting No. 85-30 (December 26, 1985) as submitted. Seconded by Councilmember Bastian. Ayes -all. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Aeenda as amended: 1. Add Item H-3, Employee Contracts 2. City Manager Contract 3. Contract Criteria 4. Lais-News Item 5. City Attorney 6. Prosecuting Attorney 7. Parking Limits 8. Temporary Parking 9. Item I-13 has been withdrawn. Seconded by Councihnember Bastian. Ayes -all. E. CONSENT AGENDA Council removed Items E-1 and 2 to become Items I-19 and 20, Mayor Greavu moved, Seconded by Councilmember Basfian, Ayes -all, to approve the Consent Aeenda as recommended: 1. Accounts Payable Discussed under I-19 2. Keller Club House Liquor License Discussed under I-20 - 2 - 1/13 3. Payment on North 5t. Paul Well #5 Debt Council authorized the payment of $4000.00 from the W.A.C. fund to the City of North St. Paul for Well #5. 4. 1985 Payrate - Accountant Co-~ncil authorized a 4.5~ increasa in the 1986 payrate for the accountant position and approve a budget transfer from the Contingency Account to fi- nance the increase. E-A Employee 20 Year Awards Mayor Greavu presented a plaque and a pin to Sergeant Anthony G. Cahanes honoring him for his 20 years of dedicated service. E-B COMMUNICATIONS _ 1. Senator Diessner, 56th District updated the Council on the Minnesota Quarterly Financial Report and proposed legislation. F. PUBLIC HEARINGS None. G. AWARD OF BIDS None. H. UNFINISHED BUSINESS 1. P.A.C. for Commercial and Industrial Property a. Councilmember Bastian moved first reading of an ordinance amending Section 21-67 to read as follows: Section 21-67. Required dedications - Generally. The developer of any tract of lard in the city which is to be developed for commercial, industrial or like uses, shall dedicate to the public for public use as parks, playgrounds or public oper, space, such portion of his development tract equal to seven (7) percent with said rate to be reviewed annually in December. The percentage of the development tract to be so dedicated may be amended by resolution of the council. (Ord. No. 400, d 2, 7-22-76; Ord. No. 564, sS 1, 1-23-84) Saconde3 by Councilmember Wasiluk. Ayes - all. b. Councilmember Bastian moved continuance of the seven (7~) percent P.A.C. charge until it is brought back before the building season for correction. Seconded by Councilmember Anderson. Ayes - all. - 3 - 1/13 2. AlarmOrdinance 2nd Reading a. Councilmember Bastian introduce3 the following ordinance and moved its adoption: ORDINANCE N0. 588-A _ AN ORDINANCE AMENDING SECTION 4-48 Section 1. Section 4-48 Fees Exemptions to read as follows: (a) Alarm business licenses. An annual license fee of fifty dollars - ($50.00) shall be due and payable on March 15, 1980, and on January first of each subsequent year for each alarm business engaging business within the city. Such license fee shall not be prorated. (b) Responses to false alarms: (1) No fee shall be charged for a response to an alarm system at which no false alarm has occurred within the preceding six (6) months' period, but the person having or maintaining the alarm system shall make a written report thereof to the Director of Public Safety as provided in Section 4-21. (2) No fee shall be charged for a second false alarm response to an alarm system within six (6) months after the first response, but in addition to the requirement of a written report thereof as provided in Section 4-21, the Director of Public Safety shall be authorized tc inspect or cause to be inspected the alarm system, prescribe necessary corrective action, and shall give notice to the person having or maintaining such alarm system cf the conditions and requirements of this chapter. (3) For a third false alarm response to an alarm system within six (6) months after such a second response, and for all succeeding responses withir. six (6) months of the last response, a fee of twenty-five dollars ($25.00) may be charged, and if such third false alarm or any such succeeding false alarm is tY,e result of the failure to take necessary corrective action prescribed by the Director of Public Safety, the provisions of section 4-49 shall be applicable. (4) The Director of Public Safety may excuse false alarms when there is evidence that they are the result of an effort to order to upgrade, install or maintain an alarm system or if one or more false alarms result from the same malfunction within a seven (7) day period of time. (Ord. No. 483, ~ 1216.060, 3-ti-80; Ord. No. 491, ~S 1, 7-24-80) Section 2. This ordinance shall take effect upon its passage and publication. Seconded by Mayor Greavu. Ayes - all. - 4 - 1/13 - 3. Employee Contracts a. Director of Public Works Ken Haider reported the following units have settled: Police - Local 320 Sergeants Metro Supervisory He further stated A.F.S.C.M.E. Clerical and Maintenance are the only ones left. There is a meeting scheduled 1-15-85. .A letter extending the present contract has been received. b. Councilmember Juker moved to rescind City 24anager's Contract. Seconded by Councilmember Anderson. Courcilmember Bastian moved to table this action until the Meeting of January 27, 1986, and send the contract to the League of Minnesota Cities for opinion as to the legality ofithe contract. Seconded by Councilmember Juker. Ayes _ Councilmembers Anderson, Juker, Maida, and Wasiluk Nays - Mayor Greavu NEW BLTSI:QESS 1. P.A.C. for Neighborhood Park and Recreation. a. Councilmember Bastian introduced the following resolution an3 moved its - adoption: 85 - 1 1 WHEREAS Maplewcod Code Section 21-45 recognizes the need for neighbor- I-.ood parks, establishes standards and improvement guidelines for such and provides methods of acquisition and development, and WHEREAS, Section 21-55 (a) states that the City Council at its first regu° lar meeting of each calendar year shall act to adopt by resolution the average acre acquisition cost and the average acre development cost for neighborhood cost for neighborhood parks throughout the City, and WHEREAS, the intention ofthe Ordinance is to provide for future quality of life through the acquisition an3 3evelopment of park-open space, and WHEREAS, the costs of acquisition of property and the development of parks has continued to increase, THEREFORE, the Park and Recreation Commission recommends that effective January 14, 1986, the City Council establish the average cost at $4200.00 and continues the development cost at $7,500.00 per acre, with the City financing 50~ of the development costs. Seconded by Councilmember Wasiluk. Ayes - all. - 5 - 1/13 . _ 2. Assessment P.ppeal - Project 78-24 a. City Attorney Fat Y.elly presented the Staff report. b. Mayor Greavuintroduced the following resolution and moved its adoption: 86- 1- 2 WITNESSETH: WHEREAS, certain property owners assessed incident to local public improve- ments, Project 78-24, the 29th day o£ July, 1982, have perfected the follow+ing appeals currently consolidated and pending for trial in Ramsey County District Court, to-wit: Parcel 10: Arthur Mahnke and Rosemary Mahnke vs Maplewood (Court File No. 458507); Parcel 11: Michael R. Foy and Cindy A. Roy vs Maplewood (Court File No. 458582); and Parcel 12: Patrick Keene and Ali ce Keene vs Maplewood (Court File P7o. 458583); and WfiEREAS, in preparation to defend the City ir. these appeals, the City Attor- ney has retained an independent fee appraiser who has concluded that the assess- ments as levied exceed the special benefit conferred by the project in question; and WHEREAS, pursuant to the provisions o£ Pinnesota Statutes, Section 429.071, Subd. 2 thereof, the City Attorney has advised the Maplewood City Council by his letter dated December 2, 1985, that the assessments in question are exces- sive and, therefore, may be invalid. NOVd, THEREFORE, BE IT RESOLVED, by the Council of the City o£ N,aplewcod that pursuant to the provisions of Minnesota Statutes, Section 429.071, Subd. _ 2 thereof, those special assessments levied July 29, 1982, for local public improvements, Project No. 78-24, against Parcels 10, 11 and 12 therein, are - hereby declared to be invalid and void and the City Clerk is hereby directed to take all steps consistent herewith and as are necessary to set a public hearing as provided for in the original assessment and to make a reassessment as to each such parcel or parcels. Seconded by Councilmember Wasiluk. Ayes - all. 3. Rehearing Frost Avenue Project 83-1 a. Director of Public Works Haider presented the Staff report. b. Councilmember Anderson introduced the following resolutior. and moved its adoption: 86 - 1 - 3 WHEREAS, the City Engineer for the City of Maplewood has been authorized and directed to prepare a report with reference to the improvement of Frost - 6 - 1/13 Avenue from Adele Street to Birmingham Street, City Project 83-1, by con- structior. of storm sewer and street improvements, and WHEREAS, the said City Engineer has prepared the aforesaid report for the improvement herein described: NOW, TIB;REFORE, 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 on Frost Avenue from Adele Street to Birmingham Street by construction of storm sewer and street improvements 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 fcr 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 $1,367,200.00. 3. A public hearing will be held in the Council Chambers of the City Hall at 1380 Frost Avenue on Monday, the 10th day of February, 1986, at 7:C0 P.M. to consider said improvement. The City Clerk shall give mailed and published notice of said hearing and improve- ment as required by law. Seconded by Councilmember Bastian. Ayes - all. 4. Liquor Ordinance - Sunday Hours a. Mayer Greavu moved first reading of an ordinance amending the Sunday On-Sale liquor to allow business to open at 10:00 A.M. instead of noon on Sundays. Seconded by Councilmember JuY.er. Ayes - MayorGreavu, Councilmembe-rs Anderson, Juker and Wasiluk Nay - Councilmember Bastian. 5. Parks Appointment a. Councilmember Bastian mo•,re d to accept the Parks and Recreation Commission -recommendation and moved to reappoint Bonnie C. Qualley for a year term effective January 1, 1986, to the Park and Recreation Commission. Seconded by Mayor Greavu. Ayes - all. 6. Appointments - Suburban Rate Authority a. Councilmember Bastian introduced the following resolution and moved its adoption: - 7 - 1/13 86- 1-4 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Councilmember Francis Juker is hereby designated to serve as a director of the Suburban Rate Authority, and City Manager Donald Lais is hereby desig- nated to serve as alternate director of the Suburban Rate Authority for the Year 1986 and until their successors are appointed. - Seconded by t;ayor Greacu. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk Nay - Councilmember Juker. 7. Appointments - Municipal Legislative Commission _ a. Councilmember Bastian moved to appoint Councilmember Charlotte Wasiluk and City Manager Donald Lais as Directors on the Municipal Legislative Com- mission. Seconded by Mayor Greavu. Ayes - all. 8. Ramsey County League of Local Governments a. Councilmember Bastian moved to authorize the City to join R.C.L.L.G. and , - approved a budget transfer of $1,000.00 from the General F,uid Contingency Account to pay far the membership. Seconded by Councilmember Anderson. Ayes - all. b. Councilmember Bastian moved to appoint Mayor John Greavu as representative to the R.C.L.L.G. and to appoint Councilmember Charlotte Wasiluk as alternate. Seconded by Councilmember Anderson. Ayes - all. 9. Designation of Depositoiq and Financial Services Agreement. a. Councilmember Bastian introduced the following resolution and moved its adoption: 86- 1-5 BE IT RESOLVED, that the First Minnesota Savings Bank is hereby designated as the depository for demand deposits of the City of Maplewood, and BE IT FURTHER RESOLVED, that an agreement is hereby approved with First Minnesota Savings Bank for financial services based upon the terns in their proposal dated December 19, 1986, and BE IT FURTHER RESOLVED, that the n--~cessary budget changes are hereby ap- proved to finance the service charges, and 8 - 1/13 BE IT FIIRTY,ER RESOLVED, that funds deposited in said bank may be with- drawn by check when signed by the signature, or by the facsimile signature, of the Mayor, City Manager and City Treasurer, and BE IT FURTHER RESOLVED, that funds in said bank may be wire transferre3 at the request of the City Treasurer or financa director for purchases of City investments, and BE IT FURTHER RESOLVED, that deposits in said bank shall not exceed the a-nount of F.S.L.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTFIER RESOLVED, that this depository designation shall be effec- tive until anew depository is designated. Seconded by A4ayor Greavu. Ayes - all. b. Councilmember Bastiar. moved to approve a one-year agreement with First Minnesota Savings Bank for financial services as outlined in their proposal and that the necessary budget changes be approved to finance the service charges as presented in Option 1. Seconded by playor Greavu.. Ayes - all. 10. Tax Exempt Financing Review Criteria a. Councilmsmber Bastian moved to appoint the following persons to the committee for reviewing the criteria for tax-exempt financing. Council: Norman G. Andersor, and Charlotte Wasiluk Staff: City Clerk Aurelius and Director of Community Developma~nt Olson Labor: William Peterson, Wes Lane, Jim Bergman and Tom Connally Temporary Chairman: George Rossbach _ Developers: Marlin Grant Greg Schmidt Seconded by P4ayor Greavu. Ayes - all. 11. Water Service Reconstruction Withdrawn 12. Code Amendment: BC (M) District (lst Reading) a. Director of Community Development Olson presented the Staff report. - 9 - 1/13 _ b. Councilmember Bastian moved first reading of an ordinance amending the business commercial modified BC (M) district to prohibit certain uses,in- cluding those that involve the exterior storage of equipment, goods or materials. Seconded by Councilmember Anderson. Ayes - all. 13. Metropolitan Development Framework Review Withdrawn. 14. Flanning Commission and C.D.R.B. Appointments a. Planning Commission 1. Councilmember Bastian ~ve3 to reappoint the following to the Planning Commission for three year terms: Paul Ellefson Dennis Larsen Dave S4hitcomb Seconded by Courcilmember Juker. Ayes - all. 2. Cow^,cilmeir~ber Bastian moved to appoint Les Axdahl as Chairman of the Planning Commission. Seconded by Councilmember Juker. Ayes - all. 3. Courcilmember Bastian introduced the Following resolution and moved its adoption: 86 - 1 - 6 R'HEREAS, Dorothy Hejny has been a member of the Flanning Commission of Maplewood, Dinnesota, since July 17, 1980, and has served faithfully in that capacity to the present time; and WIiE REAS, the Planning Commissior. has- appreciated her experience, insights and good judgment; and WfIEREAS, she has freely given of her time and energy, without ccm- pensation, fo-r the betterment of the City of Maplewood; and Wf;EREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the bene- fit of the City. - NOW, THEREFORE, BE IT HEREBY RESOLVED £or and on behalf of the City of Maplewood, Minnesota, and its citizens, that Dorothy Hejny is hereby extended our heartfelt gratitude and appreciation for her dedicated service and we wish her continued success in the future. Seconded by Councilmember J,ilcer. Ayes all. - 10 - 1/13 b. Community Design Review Eoard 1. Councilmember Bastian moved to reappoint the following to the Community Design Review Board: Donald Moe Robert Peterson Seconded by Councilmember Juker. Ayes - all. 2. Councilmember Bastian introduced-the following resolution and moved its adoption: 86- 1- 7 WI3EREAS, Fran Juker became a member of the Community Design Review Board of Maplewood on July 9, 1984 and has served faithfully in that capacity; A~FiEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WfIEREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership and effort in many ways for the benefit of the City. NOW, THEREFORE, IT I5 HEREBY RESOLVED for and on behalf of the City of Maple- wood, Minnesota, and the citizens of the City, that Fran Juker is hereby extended our heartfelt gratitude and appreciation for her dedicated service and we wish her continued success in the future. Seconded by Councilmember Anderson. Ayes - all. 3. Council requested the reporters place articles in their respecitve papers announcing the vacancies in theCommissions. 15. Acting Mayor Mayor Greavu moved to appoint Councilmember Gary Bastian as Acting Mayor for 1986. - Seconded by Councilmember Bastian. Apes - Mayor Greavu, Councilmember Anderson, - Juker and Wasiluk. Councilmember Bastian abstained. 16. Official Newspaper a. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 1 - 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the Maplewocd Review be designated the official necaspaper for 1986. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nays - Councilmember Juker. 17. Rules of Procedures - 11 - 1/13 a. Councilmember Bastian introduced the following resolution and moved its adoption: 86 - 1 - 9 Section 1. MEETINGS Regular: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 P.M., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding ThUPsday not a holiday. Special: The Mayor or any two members of the Council by writing filed with the City Clerk at least twenty-four hours before such meeting may call a special meeting. P7otice of such meeting shall state the purpose or purposes thereof and shall be personally delivered to each member or be left at the members usual place of residence _ with a person of suitable age and discretion then residing_ therein, or written notice thereof shall be left in a conspicuous place at the residence if ro 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 Cftambers of the Maplewood L4unicipal Building unless there is a published notice designating ' another locaticn. Presiding Officers: -The P7aycr shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Councilmembers shall elect one of their number as temporary chairman. Quorum: Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may adjourn from time to time. Order of Business: At the hour appointed for meeting, the members shall be called to order by the Mayor, or in his absence by the Acting Mayor, or in the absence of both, by the Clerk. The Clerk shall call the roll, note the absentees and announce whether a quorum is present. In the absence of the Clerk, the Mayor shall appoint a secretary protem. Upon the appearance of the quorum, the Council shall pro- ceed 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 - 12 - 1/13 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 item will be discussed after 10:30 P.M. No discussion will continue past 11:00 P.M. Meetings adjourned under this policy wilt be continued to the next Thursday at 7:00 P.M. The continued meeting will start at the point on the agenda where the adjournment occurred. No new items will be added to the con- . tinued meeting agenda. First Regular: At the first regular Council meeting in January of each year, _ Fie Council shall (1) designate the depository of City funds, (2) designate the official newspaper, (3) choose an Acting Mayor from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (4) review the Rules of Procedure of the City Council and make any necessary changes if such changes are desired. Section 2. AGENDA FOR REGULAR MEETING (1) All matters to be submitted to the Council shall be filed not later than 12:00 Noon on the Monday prior to the Monday Council meeting at which con- sideration 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. (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 meet- ing, except that an item or urgent business which requires immediate action and is so determined by a majority of the Council may be considered by the Council whether or not there is a full membership present. The Council will hear all reasonable citizen petitions, requests and statements how- . ever, 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 in- formation pertinent to the agenda at least seventy-two hours prior to each regular Council meeting. - 13 - 1/13 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. JOINT COUNCIL AND SCHOOL BOARD MEETINGS No item of business shall be considered for action by the Council at the joint meeting where an expenditure of funds or use of city property or staff would be required. Items requiring such expenditures or uses shall appear on the next regular meeting agenda where the Council may take action as is required or is necessary. Section 4. 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 a copy.. (c) The Council may, by motion carried by a majority vote, amend the minutes. Such amending motion shall become a part of the minutes of the subsequent meeting. Section 5. DUTIES OF THE PRESIDING OFFICER: The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council, announce the decision of the Council on all subjects, and decide all questions or order, subject, however, to an appeal to the Council in which event a majority vote of the Council shall govern and conclusively determine such questions or order. He shall vote on all questions and on a roll call vote rotate the order in which votes are cast. Section 6. RULES OF DEBATE: (a) The Mayor or other Presiding Officer may move, second and debate from the chair, subject only to such limitations of debate as are by the rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of his acting as the Presiding Officer. (b) Every member desiring to speak shall address the chair, and upon recognition by the Presiding Officer shall confine himslef to the question under debate avoiding all personalities and indecorous language. - 14 - 1/13 (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 per- - mitted to proceed. (d) A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be made by a member of the Council who voted with the prevailing side, provided that if such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the 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 dessent from or support of any action of the Council, 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 7. ADDRESSING THE COUNCIL: Any person desiring to address the Council shall first secure the per- mission of the Presiding Officer. Each person addressing the Council shall give his name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limit his address to five minutes, except at a public hearing when the limit shall be ten minutes. All remarks should be addressed to the Council as a body and not to any member. No person other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the perms is ion of the Presiding Officer. No question shall be asked a Councilmember or any member of the Administrative Staff except through the Presiding Officer. Section 8. GENERAL RULES OF ORDER: Robert's Rules of Order a,nd 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. 9. DECORUM AND ITS ENFORCEMENT: - 15 - 1/13 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 distrub any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. No smoking shall be permitted in the Council Chamber while the Council is in session. 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 mem- ber of the Council except that the City Manager or Attorney may present ordinances, resolutions and other r;;atters 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 nays shall be recorded. The vote shall be by roll call of all members of the Council as provided under DUTIES OF THE PRESIDING OFFICER in this resolution. A mojority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise pro- vided by law and except that amendments to the comprehensive 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 the 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 preservation of the public peace, health, morals, safety or wel- fare in which the emergency is defined and declared, passed by a roll call vote of at least four 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 beE~n filed with the City Clerk ar.d posted in threw 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, per- sons, 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. - 16 - 1/13 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 admini- stratior~ 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 discussions 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) No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer ques- tions 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 ;;onsent 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 by Councilmember Wasiluk. b. Councilmember Juker moved to delete the "No Smoking" condition. Seconded by Councilmember Anderson. Ayes - Councilmembers Anderson and Juker. Nays - Mayor Greavu, Councilmembers Bastian and Wasiluk. Vote on the original motion. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Wasiluk. Nays - Councilmember Juker. 18. Joint Council-Planning Commission Meeting. a. Councilmember Bastian moved to hold a joint Council-Planning Commission meeting on Wednesday, January 29, a i y a Seconded by Councilmember Anderson. Ayes - all. - 17 - 1/13 b. Councilmembers Anderson and Bastian stated they would not be able to attend the meeting of February 24, 1986. Council reset the meeting of February 24, 1986 to Wednesday, February 19, 1986. 19. Accounts Payable Councilmember Anderson moved to approve the accounts (Part I - Fees, Services, Ex enses, Check re ester a e ecem er rou anuar - 627,439.14; Part II - Pa roll dated December 27, 1985 ross amount 128,850.47) in the amount of 756,289.61 as recommended. Seconded by Councilmember Juker. Ayes -all. 20. Keller Club House a. Councilmember Juker moved to approve the renewal of the 1986 On Sale Intoxi- eating Liquor License for omas evens, a e er u ouse. Seconded by Mayor Greavu. Ayes - all. J. VISITOR PRESENTATIONS 1. Mr. Les Axdahl a. Mr. Axdahl stated he did not appreciate the remarks made by the Mayor re- garding Mr. Axdahl's candidacy. He request a transcript of tonight's meeting. 2. Mr. George Rossbach a. Mr. Rossbach questioned who was responsible for the signal lights that might . have caused an accident at County Road C and White Bear Avenue. b. City Attorney Kelly advised the Council this discussion was not in order. K. COUNCIL PRESENTATIONS 1. City Manager Criteria a. Councilmember Anderson requested criteria be established when hiring employees; also when a member of Council is appointed. 2. Contract Criteria Discussed under Item H-3. 3. Lais - News Item a. Councilmember Anderson took exception to Mr. Lais' statements in the news- paper. It stated that Mr. Lais said Mayor Greavu and Councilmember Anderson were having a power struggle. Councilmember Anderson stated he was only request- ing clarification of the Mayor's actions. 4. City Attorney 5. Prosecuting Attorney - 18 - 1/13 a. Councilmember Anderson moved that Council appoint the City Attorney and the Prosecuting Attorney. Seconded by Councilmember Juker. Ayes -all. 6. Parking Limits a. Councilmember Bastian questioned when the "No Parking" was established on Frost Avenue. b. Staff stated quite some time ago. L. ADMINISTRATIVE PRESENTATIONS 1. Winter Carnival Parking a. City Manager La is presented the staff report. The Winter Carnival Committee has requested approval of their parking and traffic proposal for the area of Lake Phalen during Winter Carnival week. b. Director of Public Safety Ken Collins and Director of Public Works Haider explained the proposal and presented an alternative proposal. c. Council directed staff to work with the 4dinter Carnival Committee regarding parking and traffic routing, and indicate to the committee that East Shore Drive will remain for two way traffic from Larpenteur Avenue to Frost Avenue. d. Councilmember Anderson moved that whatever expense the City incurs because of the Winter Carnival be bi elT~o Fe proper o ic~a s. Seconded by Councilmember Juker. Ayes - Mayor Greavu; Councilmembers Anderson, Juker and Wasiluk. Nays - Councilmember Bastian. M. ADJOURNMENT 10:05 P.M. i y er - 19 - 1/13