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050790 CC WS AgP .;. I .... f i , , i 10. 11. CITY OF SHOREWOOD COUNCIL WORKSHOP MAY 7, 1990 CQUlfCIL CBI"..H8DB' 5755 cotAtrar ctuB ROAD 7:30 P...M~<~ AGENDA 1. CONVENE A. Roll Call GagJle, . . 'Stcr\teJ:,', araneel . ,wat.ten\. " Mayor Haugen ti[ f B. Review Aqenda 2 . APPROVAL OF MINU1'ES 3. HIGHWAY 7 INTERS~CTION PLANS A. vine Hill Road B. Christmas Lake Road 4. TURN - r..ANE STRIPING, T.R. 7 WEST OF '1'.8.. 41 REPORT ON CHANNELIZATION ISLAND IN FRONT OFSHQ.ElE1fQOfCP~ER TO - '"k 5. 6. AUTHORIZE AN APPRAISAL OF WATERFORDIII - l.}S$'ORl! .ANtM~~r PUBLI C . IMPROVEMENTS. . 7. 8. COST ESTIMATE TO.OPDATE WATER PLAN .' (Att.No.. 7-Memol REPORT' ON R.:SSTRIPING SMITHTOWNROAD AND LAK:~{t"'I~N~V~~' . f.1J, <r~~;'-" ..-'-'~- CONSIDER ALT'E:RNAT;IVES TO MAY 28 MEETING ANncJUir,ENf)AR;;.'FOI)~y . AND JONE 9. (Att.No.9~~emo) MILFQIL INSPECTIONS FOR CHRISTMAS LAKE OPTION ON BISHOP ]JROPERTY AND PARAHE.TEftS FQttC. U:~P'.i-~'<'~~,lC WORKS FACILITy '. '~r -1- ~ ..) -- AGENDA - MAY 7, 1990 PAGE 2, 12. CONTROLLING MEETING LENGTH (Att.No.12-Memo) 13. REPORTS A. En9ineer's Report 1. Pressure Tank from S.E. Area Water System (Att.No.13A-1-Memo) 2. B. Administrator's Report 1. League Conference. 2. AMM Annual Meeting 3. MCMA Conference 4. Logo for Council Chambers 5. Freeman Park - Field Irrigation C. 14. ADJOURNMENT -2- -) J ~n_ ~~ Orr Schelen Mayeron& Associates, Ine. April 17, 1990 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 ') City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Engineers Surveyors Planners Attn: Mr. Larry Whittaker City Administrator Re: Proposal to Update Comprehensive Water Report OSM Comm. No. 0107-90 Dear Mr. Whittaker: Attached please find our proposal for updating the Comprehensive Water Report. The proposal identifies the Scope of Work, Task Descriptions, and associated hours we estimate are required to do the work. Our engineering cost estimate to do the Scope of Work as identified is $3.300.00. This Comprehensive Water Report update would be more directed towards updating the costs to install the remaining system and identifying the number of future connections to that system. Comparing the two numbers would provide the estimated assessment for the future user if all the remaining system was installed. In addition to updating the cost estimates and the assessments, we will compare the several separate water systems as to why some areas experience more water quality problems than others. While we will not discuss treatment methods or costs we will investigate the raw water chemical makeup of each well and discuss methods of utilizing the better quality wells on a completed water system. . I hope this description of our proposed scope of work coincides with the information the Council is looking for. If additional information is required, please let me know. Respectfully, ORR-SCHELEN-MAYERON & ASSOCIATES, INC. ~ /? 1~ James P. Norton, P.E. Associate/Senior Project Manager JPN / cmw 04 /90-cos.1w2 7 .. MAYOR Jan Haugen COUNC1 L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: !"R: DT: The City Council Larry Whittaker May 2, 1990 RE: Alternatives to May 28 meeting/ May and June Agenda Items May 28 is Memorial Day and we cannot have a Regular City Council meeting that night. Given the number of: Agenda items now proposed for May 14, you may want to continue the May 14 meeting to May 21 - or schedule a work- shop May 21 to discuss, say, the Annual Audit, the Feasibility of Iron Removal, the Glen Road Drainage report, the LMCD Comprehensive Plan, the Cooperative Agreement with Mn/DOT for construction of f:rontage roads along T.R. 7 between Vine Hill Rd. and Old Market Rd., and/or the Development Agreement for the TIF project(s). Right now, we have scheduled the following for May 14: Bids on 1990 Street Overlays Expansion of Minnetonka Portable Dredge Review of Street signs in Near Mountain Review bids for computer update for the City Two (2) Appeals on Notice to Remove A Code amendment to permit composting of: Yard Waste in residential areas Disposition of retainer and final payment for CB/NACON for the SE Area water tower - and erosion control structure for same A CUP for Richard Gay f:or Accessory Space Final payment on the Freeman Park Ballfield fences We would normaliy.have a workshop June 4 - and that was scheduled for discussion the Comprehensive Plan- commercial development land .,_:AND, we still have the issues of Elderly Housing and Water Policy to study. Much as the staff would enjoy a Monday night off, I think we must meet May 21, 1990, to tackle some of the pending issues. And, we should decide what the June workshop will be used for. Please help us understand your priorities Monday night. In June, we'll start Budget talks for 1991, too. A Residential Community on Lake Minnetonka's South Shore -#~ . . Elected Officials, City Councils, and Advisory Bodies 1989 Supplement (..... feits the right to serve on the governing body for the rest of that term. If the court finds that a third violation has occurred it declares the position va- cant and notifies the appointing authority or clerk of the governing body. Three violations, not three actions and penalties, are necessary for removal. The Minnesota law does not include a criminal penalty. The open meeting laws in a number of states pro- vide for injunctive relief--ordering a party to do or not do a specific act. The Minnesota law contains no provision for injunction, but the court has ruled that in a proper case, injunction may be an appro- priate remedy. 137 In one case, the court consid- ered this a suitable way of carrying out the legislative intent to enforce the statute. At that time, the statute did not contain enforcement provi- sions, so it is not certain what the court would rule now. However, it is likely that the court would still reach the same conclusion since it is still an appro- priate way of preventing pendi~g violations'. The open meeting law contains no provision in- validating actions the body takes at a closed meeting that should have been open. In a 1974 case, the court held that because the law failed to pro- vide a method of enforcement, the statute was not mandatory and its violation did not result in in- validating actions of the body. 138 Although the fact that the plaintiff had spent a substantial sum in reliance on the action the public body took at the illegal meeting may have influenced the court, it does not seem likely that a court would overturn the rule of the case without a change in the law. Because the law now contains methods of enforce- ment through the civil penalty and removal from office, there is probably little need for an invalida- tion rule. Again, however, the council should follow the law to avoid the possibilit9 that the court would declare its actions illegal. 13 Presiding Officer The mayor serves as presiding officer for the meeting whenever present at council meetings. In the mayor's absence, the acting mayor serves. 140 When neither the mayor nor the acting mayor is present, the other members of the council may elect one of their number to serve as the presiding officer for that meeting. Any individual serving as presiding officer retains the right to vote on all matters coming before the council whether or not that vote would create a tie. 141 Maintaining Order Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the council chambers. When individuals abuse their ri hts to be resent, the ma or, subject to overru e y t e counCI, s ou or er t eu' removal from the room. If the presiding officer fails to act, the council itself may, by motion, issue such an order. The council has authority to preserve or- der at council meetings. 142 The council can use necessary force, including use of the marshal or police, to carry out the mandate. If the whole audience becomes so disorderly that it is impossible to carryon a meeting, the mayor should declare the meetiDlZ continued to some other time (and place, if necessary). The council may also move for adjournment. No matter how disorderly a meeting may be, it is a legal meeting and any action the council takes in proper form is . valid. The council cannot issue a contempt citation against any individual whose disorderly conduct disrupts or interferes with the transaction of coun- cil business. c Rules of Procedure City councils have considerable latitude in estab- lishing their rules of procedure or bylaws. The council should review the rules annually to see if revision is necessary. Many councils have operated without written rules or regulations. But, written rules facilitate the conduct of city business and reduce the risk of mishandling important matters. Page 102 Handbook for Minnesota Cities l, :tt l.~ 1988 Supplement Chapter 6 Tips for shortening meetings The bylaws usually provide for the place and time of the regular council meetings, the order of business at meetings, parliamentary rules govern- ing council procedures, minutes, and standing and special committees and their powers. Many coun- cils include other provisions in their bylaws. 143 Agendas The bylaws should establish an order of business and a process for placing items on an agenda. Many councils have found the following order of business convenient. 1. Call to order 2. Minutes of previous meetings 3. Consent agenda 4. Presentations of petitions and complaints . . 5. Reports of officers, council committees, and citizen committees a. Reports from standing committees b. Reports from special committees c. Reports from administrative officers including, in Plan B cities, the manager 6. Notices and communications 7. Unfinished business 8. Presentation of claims 9. New business (including the introduction of ordinances and resolutions) 10. Announcements 11. Adjournment Consent agenda By resolution or its bylaws, a council may es- tablish a consent agenda containing routine, non- controversial items needing little or no delibera- tion. The clerk or other person responsible for placing items on the agenda prepares the consent agenda. By a majority or higher vote, the council can approve all actions on the consent agenda with one vote. In addition to the consent agenda, councils may consider the following suggestions to shorten the length of time of their meetings. Thc bylaws may set a closin~ date for the a~enda. For example, the clerk must receive all re- quests to include items on the agenda five days beforc the meeting. This is especially important if council members need to review written material before the meeting. The council could make an eX- ception in emergency situations by a unanimous vote, for example. \~# ~ The council should set a definite time for ad- , journment and observe this rule. When the council is going to discuss a major public issue, the bylaws or the council by resolution may allot a limited, specific amount of time for each side to express its views. The council may do this for all items on the agenda as well. 144 Parliamentary Procedure The term .parliamentary procedure" frightens many people. It is, however, a system of rules which makes it easier to transact business. Parliamentary rules can be very simple or very complex. The complexity of rules should vary in direct ratio with the size of the group, i.e., as the number of people in the group increases, the com- plexity of the rules should increase. Accordingly, the rules for an assembly of several hundred people, such as the United States House of Representatives, must be quite complex. By the same token, the rules for city councils, which COD- sist of only five members, should be simple. Any attempt to introduce a high degree of formality into the proceedings of a city council will only reduce its ability to operate effectively. The rules of parliamentary procedure apply to council licroceedings only If the counCil formally adopts t em in the bylaws. A co~ncll, howev~r, c~n informally follow these rules 10 conductlOg Its meetings. An informal application of these rules, together with the common sense of the council members, may be the only guidelines many coun- cils need to conduct their business in an orderly manner. 145 Handbook for Minnesota Cities Page 103 Elected Officials, City Councils, and Advisory Bodies 1988 Supplement The following discussion will attempt to intro- duce a few rulcs of parliamentary procedure which can simplify the council's work. These rules are contained in Roberts Rules of Order. The council can adopt them by inserting the following clause in the bylaws: "In all points not covered by these rules, the council shall be governed in its procedure by Roberts Rules of Order (or some other similar code of parlimentary procedure)." Motions The council transacts business through motions which council members make, and sometimes second, and subsequently either pass or reject by council vote. See Chart V, page 108, for a sum- mary of the motions councils use most frequently and important information relating to them. Each motion has different rules. For example, councils can debate some motions while they must vote on others immediately. Some require a simple majority for passage, others need a two-thirds majority. . . These are the steps to making and acting on a motion. 1. A member of the council addresses the presiding officer. 2. The presider recognizes the member. 3. The council member states his or her mo- tion. (Usually in the following form: I move . . . text of the motion. . .) A motion should always be in the positive, never in negative terms. For example, if the motion is "that we deny X a permit," and the council defeats the motion, there may be some con- fusion as to whether X has been granted a permit. Even if the consensus of the coun- cil is to deny the permit, the motion should be to grant the permit and the council should then vote it down. The council member making such a motion does not need to favor it or vote for it. 4. If necessary, another member then seconds the motion by saying: "I second the motion." (Seconds are not needed for meetings of small bodies such as a city council.) 5. The presiding officer repeats the motion to the council. ,r..... ( 6. Discussion follows if the motion is debatable. 7. A council member may make any of the subsidiary motions (Chart V) in the same form as the original motion. 8. The council votes on the original motion or on any of the subsidiary motions. 9. The presiding officer announces the result of the vote on each motion immediately after the vote count is complete. A council member may not make a second main motion while the council is discussing the first one. Any council member may, however, make a privileged motion even if. a main motion is cur- . rently before the council. A privileged motion is one to adjourn, recess, or to ask a question of privilege such as to restate the motion or ask for order. In this case, a vote on the privileged motion precedes the one on the main motion. When several motions are simultaneously before the council, the council should vote on them in the following order. " t., 1. Adjourn 2. Recess 3. Question of privilege 4. Postpone temporarily (lay on table) 5. Vote immediately (previous question) 6. Limit debate 7. Postpone to a definite or indefinite time 8. Refer to committee 9. Amend 10. Substitute 11. General main motion Role of the Presiding Officer In any group or assembly, the presiding officer has an extra measure of power. As the chair of the meeting, the presiding officer has the respon- Page 104 Handbook for Minnesota Cities Chapter 6 sibility of guiding the group toward the conclusion of pending business in good time without giving major issues too little consideration. To ac- complish this, the presiding officer has two special powers. The first is that of interpreting and applying the rules of procedure. The presldmg officer must decide whether or not motions are proper, whether motions are in order, whether the body should grant questions of special privilege, and what procedure is proper in any given instance. The presider should maintain order and expel disor- derly individuals from the meeting. The presiding officer does not have complete freedom in exercising this authority. Any member of the council may appeal the decision of the chair. To do this, a council member must say, "I appeal the decision of the chair," immediately after the chair announces the decision. (Recognition from the presiding officer is not. necessary when making an appeal.) The appeal must be seconded, is debatable, and cannot be amended. After the debate, the assembly votes on the chair's decision. A majority of "yes" votes upholds the decision of the presiding officer and a majority of "no" votes overrules it. A tie vote sustains the ruling. The presiding officer may vote to uphold his or her own ruling. If no one appeals a ruling as soon as the presiding officer makes it, it becomes the rule of the council. The second ower is that of reco nlzlDg speakers. The presiding officer may not, owever, refuse to receive a motion after recognizing the maker nor may he or she refuse to call for a vote on any motion which has been properly made and seconded. Power to recognize speakers still gives the presiding officer considerable influence over the course of the discussion and consequently over the eventual decision on any matter. When the council invites comments from the audience, the presiding officer continues to recognize speakers. In statutory cities, presiding officers have a dual role to play. They preside and they also may make and second motions and vote on all questions before the council. The presiding officer usually steps down from his or her position as chair in or- der to make a motion. To do this, the presiding officer turns over the duties of presiding officer to another member of the council. The mayor or other presiding officer may then make a motion, and should not again assume the duties as presid- ing officer until the council has taken a final vote or postponed the motion until another time. Special Motions Several motions deserve special consideration. 1. The motion to reconsider. This enables a council to set aside a vote it previously took and to consider the matter again as though it had not voted on the issue. If the council uses Roberts Rules, only a person who originally voted on the prevailing side may move to reconsider. Otherwise, any mem- ber may make the motion by saying, "I move to reconsider. . . stating the motion to be reconsidered . . ." The council may debate this motion. If the council passes the motion to reconsider, it must then reconsider the original motion and take an- other vote on it. If the council defeats a motion to reconsider, no further action is necessary. 2. A motion to postpone indefinitely. There is an important difference between the motion to postpone indefinitely and the motion to postpone temporarily. The mo- tion to postpone temporarily is more commonly called a motion to "lay on the table" or "to table" and it postpones con- sideration of the motion until some un- determined future time. The council may consider a motion which was tabled whenever a majority of the members so decide. A motion to postpone indefinitely, however, is the equivalent to a negative vote on the main motion. It suppresses per- manently any future consideration of the main motion. 3. A motion to limit debate. A council may lImit debate by placing a time limit on debate such as a limit of 15 minutes to con- sider a particular motion, or by limiting the number of people who may speak for and against a certain motion such as a limit of three speakers in favor and three speakers opposed. 4. The motion to amend. Council members may offer amendments to a main motion at any time. In addition, it is possible to amend an amendment currently under con- sideration. Beyond this, council members Handbook for Minnesota Cities Page 105 Elected Officials, City Councils, and Advisory Bodies r......... f can offer no further amendments. When a member has made a motion to amend, the vote on the amendment must precede the vote on the original motion. After the council has accepted or rejected the amendment, another vote is necessary on the original motion. 5. The motion to substitute. This is a motion to replace one motion with another on the same subject. A council member may move to substitute a main motion or an amend- ment to a main motion. One form for making a substitute motion is, "I wish to introduce the following substitute motion. . . present the substitute motion. . ." When a substitute motion is before the council, it must decide which of the two motioris, the original motion Or the substitute motion, it wishes to consider. The council must vote on this question. A "yes" vote favors con- sidering the substitutemution. A "no" vote favors considering the original motion. The council must then discuss and vote upon the motion which it selected. Voting Procedures State law does not regulate council voting. The council may use whatever procedures it prefers, subject to charter provisions in home rule cities. The council's bylaws can include voting rules. Otherwise, the council may use voice voting or standing vote unless a council member calls for a vote by ballot. The bylaws can also set the order in which council members vote. Whether the vote is unanimous or not, the minutes must record the name of each council member present and his or her vote. 146 On occasion, councils may vote by ballot, such as in eliminating candidates for a city position, until only two options remain. While the law allows for voting by ballot, the procedure must ensure that each council member's vote is recorded in the minutes and open for public inspection. . Role of the Mayor and Clerk Mayors and standard plan city clerks have the same powers to make, second, and vote on motions as do the council members. The mayor does not have a veto, nor may he or she vote twice in order to break a tie. Except, in a tie vote to fill a vacancy in an elective office, the mayor must fill the vacancy by appointment for the unexpired portion of the term or until the next city election, which- ever applies. 147 The mayor presides at council meetings while the clerk keeps the minutes. In cities operating under one of the optional plans, the clerk attends council meetings and records the minutes, but may not make, second, or vote on motions. In addition, unless the council ex- tends the privilege, the clerk lacks the right to par- ticipate in discussions. Minutes of Council Meetings The council must keep a full and accurate record of its actions at every council meeting. In statutory cities the clerk records the council proceedings in a minute book. 148 In the clerk's absence, the council should delegate the duty of taking minutes for that meeting. The actual wording of the minutes is up to the clerk unless the council, by motion, adopts a stan- dard form or specifically directs the clerk to change the wording in the minutes. The minutes should be in language and using terms the average citizen can understand. Reference to numbers of ordinances, resolutions, and other matters should include a brief description. ( If the council finds a mistake in the minutes of the previous meeting, the clerk should change the minutes to show what actually occurred. If the clerk declines, the council can order the change by motion and a vote. The clerk must then make the change and show in the minutes that the change was made by order of the council. 149 Once the council has formally approved the minutes of any meeting, no one should change those minutes under any circumstances. The coun- cil can dispense with the reading of the minutes, if all council members have received them prior to the meeting. The council must provide books and stationery for use in keeping minutes. State law requires all cities to maintain minutes on paper of durable quality and with the use of ink, carbon papers, and typewriter ribbons of such quality as to insure per- manent records. 150 Because minutes are official papers of the city, the clerk should sign them. Although the law does not require it, many cities also bave the mayor sign them after the council has approved them. If the minute book includes only a clipping from the Page 106 Handbook for Minnesota Cities Chapter 6 published proceedings, the clerk should sign the dipping even though the signatures of the clerk and mayor are already printed on the clipping. Minute books are public records and must be available for public view at any reasonable time. Publication of Council Minutes After every regular or special meeting, statutory cities over 1,000 population must publish the offi- cial council proceedings or a summary of the offi- cial minutes. The summary must include action on motions, resolutions, ordinances, and other official proceedings. 151 As an alternative to publication, the city may mail (at city expense) a copy of the proceedings to any resident upon request. This re- quirement does not cover home rule cities and cities under 1,000 population. If a home rule city does not have a charter requirement, it doesn't need to publish council minutes. 152 Whether or not the city ..publishes minutes, it must publish ordinances and, in certain cases, the annual financial statement. Content of Council Minutes The clerk should include the following informa- tion in the minutes: 1. The time and place of the meeting; 2. The members present; 3. A summary of all decisions the council made, including a copy of each motion ex- actly as stated, whether or not the motion had a second and, if so, whether or not the council adopted it; and 4. The names of the council members and the mayor who vote either for or against each motion. 153 The city does not need to reprint resolutions and ordinances in full in the minutes. The clerk may identify them by reference to their descriptive title and number, if any. In this case, the city must maintain a separate record of all ordinances and resolutions on which the council has acted. Making an Adequate Record Making an adequate record of council decisions and the factual information upon which members made decisions is very important. Minutes are the primary record of the decision-making process. Courts classify governmental actions as being legislative or administrative (or quasi-judicial) in character. Generally, when a council establishes policies and standards by ordinance applying to property in general, not to specific parcels, the ac- tion is legislative. When a governmental body takes action which involves the application of the general standard or policy to a specific parcel, person, or situation, the courts classify the action as ad- ministrative or quasi-judicial. Legislative action is subject to more limited judicial review than ad- ministrative or quasi-judicial action. These are two reasons for more limited judicial review of legislative actions. First, courts say that they cannot substitute their judgment for the judg- ment of a governinlS body in its exercise of its legislative function. 4 Second, when the action is legislative, the party contesting its validity or seeking the change must prove that there is no reasonable basis for it. Proving this is extremely difficult; so, too, is proving that the enactment of legislation was arbitrary or capricious. Where an action is administrative or judicial, courts will scrutinize the governmental action, the procedure the council followed, and the basis for that action. The contesting party or the party af- fected by the action need only establish, through evidence, that the action was either arbitrary, un- reasonable, or capricious. When the legislature delegates a power to a city, the court will set aside discretionary decisions only if they are proved to be arbitrary or capricious. 155 The city must comply with the procedures in state law for every action it takes whether legisla- tive or administrative. The law usually specifies adoption, notice, and hearing procedures for most legislative actions. The statutes typically do not specify procedures for administrative actions but often times local or- dinances do. A number of recent Minnesota Supreme Court cases have set at least partial procedural essentials for administrative or quasi- judicial actions of a public body. These include proper records. In order for a court to do a meaningful review of quasi-judicial council action, records must clearly and precisely state the council's finding of Handbook for Minnesota Cities Page 107 Elected Officials, City Councils, and Advisory Bodies "rc, { facts and how those facts Icd to thc decision. 156 The findings are part of the record. When a court reviews council procecdings they will stand or fall on the rccords the city ke~t, not on the records it might have maintained. 1 7 Parts of the record The record of a hearing may be in two separate parts--the transcript of the hearing which preserves testimony and the final order or deter- mination of the hearing body. Following is a sample order outline: 1. A caption or title, such as, "In the matter of Mr. X's application for a special use permit;" 2. A preamble summarizing the actions the council took at the hearing and stating the purpose of the application; 3. Findings of fact (individually numbered); 4. Conclusions or reasons; 5. A decision; 6. An opinion (if any); and 7. A copy of the transcript, tape recording, or at a minimum, detailed minutcs, including all objections and rulings on them (if any). The elements of the order reflect the steps in arriving at a decision. The federal courts have noted the sequence as follows: 1. Council takes and weighs evidence, both as to its accuracy and credibility; 2. From attentive consideration of this evidence, the body makes a determination of facts of a basic or underlying nature; 3. From the basic facts, the body makes find- ings or conclusions often in the language of the statute or ordinance, or not; and 138 4. From this finding, the council makes a deci- sion following the statutory criterion. 159 Findings of fact serve two major purposes. The first relates to improving the decision-making process and the second concerns judicial review. When a council prepares precise findings of relevant facts, a well reasoned and more rigorous decision-making process results. When a council must demonstrate that its conclusions are consis- tent with all of the facts in the record, it must un- dergo careful and painstaking analysis. Any record should demonstrate compliance with all constitutional requirements (due process deficiencies such as lack of notice often provide grounds for appeal), as well as all statutory and ordinance procedural requirements. F. Motions, Resolutions, and Ordinances Passing Ordinances and Resolutions Councils enact policies through ordinances and resolutions. Any member of the council including the mayor may introduce them. In standard plan cities, the clerk also has this right. ( Once an ordinance or resolution is before the body, usually through the making of a motion for passage, the council may act upon them at once, refer them to a committee for study and recom- mendation, postpone consideration to some future time, or take any of the other subsidiary or privileged motion actions. After the council has completed all consideration and discussion of the matter, the presiding officer should read the or- dinance or resolution and call for a vote. If the council decides to refer the matter to a committee, the committee may conduct its inves- tigations, recommend the following: passage of the ordinance or resolution in its original form; pas- sage in an amended form; or rejection of the or- dinance or resolution. Debate may take place at the time of introduction, while a committee is con- sidering it, and after the committee has reported its findings and recommendations. Most resolutions and other procedural motions of the council must have a majority of the votes cast for adoption. For exceptions see Chart V. To illustrate. if two members of the council vote in favor of a resolution, one votes against it, and two abstain from voting, the resolution passes. Or- Page 108 Handbook for Minnesota Cities Chapter 6 CHART V PRINCIPAL RULES GOVERNING MOTIONS Motions- These are a formal method of bringing business before the council and for stating propositions on which the council will have to make a decision. The list contains the more common motions. Motions can be made only by the councilmembers, clerk, or mayor. Requires a Second- Motions which have a "yes" after them in this column must be seconded by a councilmember before they can be considered. The maker of a motion may not second his own motion. By seconding a motion, a person does not necessarily indicate that he is in favor of it. Can Interrupt a Speaker- Motions which have a "yes" in this column can be made at any time during a council meeting. They may be made even while another has the floor and is speaking. Debatable- A "yes" in this column means'that the council can discuss the merits of the motion. A "no" means that no discussion is allowed and that the motion must be voted on as soon as it is made and seconded. Amendable- Motio~ with an affidavit mark in this column can be changed by amendment. Motions with a "no" in this column must be voted on in the same form as the motion was originally made. Vote Required to Pass': This tells whether the motion requires a simple or a two-thirds majority for passage. Can be Reconsidered- This indicates whether or not a motion that was once passed or defeated by the council can be considered again later in the meeting. Motions Requires Can Inter- Debatable Amendable Vote Re- Can Be a Second r up t a qulred To RecoD- Speaker Pass sidered I. PRMLEGED MOTIONS 1 . 1. To adjourn 2 Yes No No No Majority No 2. To recess (to take a recess) 3 Yes No No Yes 8 Majority No 3. To as! for a question of No Yes No No No Vote 5 privilege II. SUBSIDIARY MOTIONS 6 4. To postpone temporarily (lay Yes No No No Majority No on the table) 7 5. To postpone to a definite Yes No Yes Yes 9 Majority Yes time 6. To postpone indefmilely 7 Yes No Yes No Majority Only a positise vote 7. To vOin immediately on the Yes No No No 2/3 No question (previous question) 8. To rlace a limitation on Yes No No Yes 2/3 Yes debate 1 9. To refer the motion to a Com- Yes No Yes Yes Majority Yes mittee 10. To amend a motion, or- Yes No Yes Yes Majority Yes dinance or resolution Handbook for Minnesota Cities Page 109 Elected Officials, City Councils, and Advisory Bodies (" 11. To substitute one motion, ordinance or resolution for an- other Yes No Yes Yes Majority Yes III. MAIN MOTIONS 12. Any general motion, resolu- tion, or ordinance 13. To reconsider a motiTI al- ready passed or defeated 14. To consider an action previously postponed tem- porarily or laid on table (to remove from the table) 15. To appeal or challen1.f a ruling by presiding officer Yes No Yes Yes Majority 12 Yes Yes Yes Yes No Majority No Yes No No No Majority No Yes Yes Yes No Majority Yes Footnotes to Table of Motions: 1 Privileged motions are motions which are so important that they are given special consideration. These motions can be made at any time, even if another motion is being considered at the time, and they must be settled or voted on immediately. 2 To adjourn means to end tM meeting for that day. 3 To take a recess means to stop the meeting for a short time. 4 This kind of motion refers to matters of personal concern which may be brought up by one of the council- members. Examples are the following: to ask for order or less noise among the persons at the meeting. to request a restatement of the motion, to ask the chair to have the windows opened, the heat turned up, etc. 5 Questions of personal privilege are not voted on, but are settled by the presiding officer who is expected to honor the request of the member unless it is dilatory in intent, ie., unless the request is made for the purpose of deliberately interfering with the council's work. 6 Subsidiary motions either change or dispose of a main motion. Their name derives from the fact that they are subsidiary to the main motion and therefore can be made only when the council is considering a main motion. 7 See the discussion on the motion "to postpone indefinitely." 8 The motion to recess may be amended only as to the time or duration of the recess. 9 The motion to postpone may be amended by changing the time to which the motion is postponed, but it may not be amended to postpone it to an indefmite time. 10 See the discussion on the motion "previous question: 11 This motion restricts the length of time for discussion of a question. 12 An ordinance must receive an afftrmative vote of a majority of the whole council, i.e., at least three members of the council must vote in favor of an ordinance before it becomes law. A majority of those voting on the issue is all that is required to pass an ordinary motion or resolution. 13 See the discussion on "reconsideration: 14 See the discussion on "role of the presiding officer: 15 The motion to vote immediately on a motion can be reconsidered only if it was passed when frrst considered. See also the discussion of reconsideration. ( ( Page 110 Handbook for Minnesota Cities '-" \...;' '-' ~AY 02 '90 13:24 OSM MPLS,MN P.3 I 0\'\\ ~~ 2021 East Hennepin A.venue Minneapolis. MN 55413 612-331-8660 FAX 331-:}800 MEMORANDUM Engineers Surveyors Planner$ l' t TO: Mr. Brad Nielsen. City Planner FROM: .lues P. Norton, P. E. DATE: Dee_ber 5. 1989 SUBJECT: Southeast Area PUMp House T..porary Storage Building City of Shorewood 05111 Coe.. No. 1744.00 1. TEMPORARY METAL BUILDING. The metal building to be sold is a lester Builders Systell. It's a metal exterior building insulated, with a wood interior, 12 feet square by 14 feet high. The intention for the disposal or selling of the building is to have someone come in and remove it intact from the concrete base slab. They would come in with a ct'ane, unbolt- it from the concrete base slab which will t'emain in place, pick it up and set it on a truck and haul it away. This will more than likely require a building moving permit from the City. The City paid approximately $7,500 for the building when it was constructed new in January of 1988. 2. HYDROPNEUMATIC TANK . Inside the building there's a hydropneumatic tank approximately 6,000 gallon capacity. It is a vertically mounted tank sitting on legs that has two connections to act as a hydropneumatic tank for a small pressure water system. Once the building is removed the tank needs to be disconnected from the piping which attaches to the fire hydrant and the tank removed in its entirety. The intent is for the tank to be lifted off of the concrete pad and set on a truck to be hauled away. Disconnecting the tank should be a part of this project. While there are two connections to the tank, there is piping only to one of them. That piping would have to be removed and sold along with the tank itself. There is also a pressure gage on that piping. Part of the dismantling and reMOval of the pipe work should also entail turning the hydrant 90 or 180 degrees $0 that it is properly oriented adjacent to the existing pump house. There is also a little heating unit inside the building which should be sold with the building and the small 1 ittle existing control panel may also be sold with the building. .4t=- \3A- '-" '-'" '-" ...... ~AY 02 '90 13:25 OSM MPLS,MN P.4 3. COMPRESSOR -The 5 horsepower Quincy C~res$Or .t.ich is receiver mounted is intended to r'elUin with the City. The compressor will either become part of the shop facilities for the Road Maintenance Depart~nt or it -.y be installed in one of the other pump houses. That decision has already been discussed with Mun1tech and Don Zdrazil and they will be deciding what to do with this compres~or in the future. However, it is not intended to be sold as part of the building package or the hydropneu.at1c tank. 4. ELECTRICAL - There are some electrical connections to the building. There are also some electrical connections for the control sequencing that run over to the existing pump house. As part of the dislllantling of this building, disconnecting the electrical work should also be included. 5. CONCRETE SLAB . The concrete slab the building ;s sitting on will stay. It was always intended that this concrete slab be the foundation for the temporary building but that it be left permanently so that when the building was removed the slab would st i 11 be there. JPN/cwm \.~.~ 11/89-78 ()/