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HomeMy WebLinkAbout2010 01-04 City Council Special Meeting PacketAGENDA (Amended) SPECIAL MEETING MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, January 4, 2010 City Hall, Council Chambers Meeting No. 01 -10 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Councilmember Juenemann will preside over the meeting as Acting Mayor until Will Rossbach is sworn in as Mayor. E. APPOINTMENTS AND PRESENTATIONS F. NEW BUSINESS 1. Oath of Office - Kathleen "Kathy" Juenemann and James Llanas for the Office of Councilmember 2. Approval of Resolution Accepting Resignation and Declaring a Vacancy on the City Council 3. Oath of Office - Will Rossbach for the Office of Mayor 4. Council Seat Arrangements 5. Resolution Calling for a Special Election 6. Consideration of Appointment Process to Fill Temporary City Council Vacancy 7. Set Council and Management Team Retreat Date Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings — elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language.,] THIS PAGE IS INTENTIONALLY LEFT BLAND New Business F1 Oath of Office — Kathleen "Kathy" Juenemann and .lames llanas for the Office of Councilmember — No Report Packet Page Number 3 of 16 Item F2 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: December 28, 2009 RE: Resolution Accepting Resignation and Declaring a Vacancy .. At the November 3, 2009 Municipal Election, Councilmember Will Rossbach received the highest number of votes cast for the office of Mayor. Councilmember Rossbach will be sworn in as Mayor at a Special Meeting held on January 4, 2010. Before being sworn in as Mayor, Councilmember Rossbach will submit a letter of resignation effective January 4, 2010. After receiving the letter of resignation, the city council (including Councilmember Rossbach so that we have a quorum of the council) will then approve a resolution accepting the resignation and declaring that a vacancy exists on the city council. Consideration Approve the attached Resolution Accepting Resignation and Declaring a Vacancy. Packet Page Number 4 of 16 City of Maplewood Resolution Accepting Resignation and Declaring a Vacancy WHEREAS, Councilmember Will Rossbach received the highest number of votes cast for Mayor in the November 3, 2009 Municipal Election. THEREFORE, the Maplewood City Council has received his written resignation as councilmember, effective on January 4, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Council accepts Will Rossbach's resignation as city council member and declares that a vacancy exists on the council effective January 4, 2010. Adopted by the City Council of the City of Maplewood on January 4, 2010. 1 • • • -. Acting Mayor, Kathleen Juenemann Attested: City Clerk, Karen Guilfoile Packet Page Number 5 of 16 New Business F3 Oath of Office —Will Rossbach for the Office of Mayor — 0 • • Packet Page Number 6 of 16 New Business F4 Council Seat Arrangements — No Report Packet Page Number 7 of 16 Item F5 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: December 28, 2009 RE: Resolution Calling for a Special Election Introduction At the November 3, 2009 Municipal Election, Councilmember Will Rossbach received the highest number of votes cast for the office of Mayor and will resign his position as Councilmember at a Special Meeting held on January 4, 2010. Backizround In October 2005, the city council approved the following Ordinance that specifies under what circumstances the city council will hold a special election. Filling a Council Vacancy A. The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. B. Special Election —In the event a vacancy is declared pursuant to state law, the city council shall by resolution declare such a vacancy to exist. if the unexpired term is for a period of six months or less, the council shall appoint an eligible person to serve for the remainder of the unexpired term. In the event the unexpired term is greater than six months, the council shall hold a special election to fill the unexpired term. The special election shall be held as soon as the vacancy is declared as is practical under state law, no special primary election shall occur in cases of special elections held pursuant to this section. Packet Page Number 8 of 16 To conduct a special election city staff would need approximately 90 days from the date that the special election is called to meet all statutory requirements governing elections. The cost of a special election (excluding staff time) would be approximately $32,000. While the ordinance dictates that if the unexpired term is greater than six months, the council shall hold a special election to fill the unexpired term, it does not state a time period per se that the special election should be held but states, "as soon as is practical under State law." When the Legislature reconvenes on February 4, 2010, there will be a bill for their consideration relating to elections that includes changing the date of the state primary to August of any given year. If the proposed billed is passed by the Legislature and enacted by the Governor the 2010 Primary Election date will most likely be August 10 Staff is requesting that the special election for the seat vacated by councilmember Rossbach be held in conjunction with the 2010 State Primary. While it appears that the elections bill has support if the legislature does not approve moving the primary to August the 2010 State Election will be held on September 14 Staff concurs that setting the special election date in conjunction with the State Primary is practical in that it will save approximately $32,000 of taxpayer dollars by deferring the Special Election to be held in conjunction with the State Primary. Consideration Approve the Resolution Calling for a Special Election to fill the vacated seat by Councilmember Rossbach in conjunction with the 2010 State Primary Election. Packet Page Number 9 of 16 City of Maplewood Resolution Calling for a Special Election WHEREAS, Councilmember Will Rossbach received the highest number of votes cast for Mayor in the November 3, 2009 Municipal Election which creates a council seat vacancy on the city council. THEREFORE, the Maplewood City Council has received his written resignation as councilmember, effective on January 4, 2010 creating a vacancy on the city council. THEREFORE BE IT RESOLVED, a Special Election is ordered to fill the vacancy on the Maplewood City Council. The Special Election will be held in conjunction with the 2010 State Primary Election. The person elected shall fill the vacancy for the remainder of the term vacated by Councilmember Will Rossbach to December 31, 2011. BE IT FURTHER RESOLVED, that the city council shall make a temporary appointment to fill the vacant seat as soon as is practical and that individual will serve until that time that a winner is declared and is sworn into office after the 2010 Special Election held for purpose of filling the seat vacated by Councilmember Will Rossbach. M • • i - f Mayor, Will Rossbach Attested: City Clerk, Karen Guilfoile Packet Page Number 10 of 16 Item F6 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: December 28, 2009 RE: Consideration of Appointment Process to Fill Temporary City Council Vacancy .. After being sworn in as Mayor, the council seat that Councilmember Rossbach currently holds will be vacated and the city council will make a temporary appointment to the vacated seat until the Special Election is held to fill the remainer of the unexpired term which is December 31, 2011. Background In October of 2005 the city council enacted Ordinance 866 Filling a Council Vacancy. Since there are more than six months remaining in Councilmember Rossbach's council seat a Special Election is required to be held to fill the remainder of the vacated council seat to December 31, 2011. Until the Special Election is held Ordinance 866 states that: The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. The council has the autority to determine in what manner the temporary appointment process shall be conducted. Following are two options for consideration. Packet Page Number 11 of 16 Option 1— Individuals interested in serving would sumbit applications for appointment much like those that are completed by citizens interested in serving on boards and commissions. This option was used in September 2005 when Councilmember Jackie Monahan -Junek resigned from her position on the city council. The council made a temporary appointment on November 14, 2005 and the appointee served until the winner of the February 28, 2006 Special Election was sworn in on March 13, 2006. Should the council go with this option an application form is attached for their consideration. Option 2 — Each councilmember could submit name(s) for consideration based on pre- determined criteria set by the council. The council has the statutory right to appoint an eligible person to fill the vacancy and set the criteria by which it will fill the vacancy. Consideration Discuss the appointment process and direct staff based upon the option selected. The Council should make their appointment at the January 11 or January 25 regular council meeting. At that time their selection will be sworn in to serve until the winner of the Special Election is declared and sworn in. Packet Page Number 12 of 16 Councilmember Temporary Appointment Applicant Information Form Name: Address: Phone Number(s) Cell: Date: Email: Councilmember Will Rossbach received the highest number of votes cast for Mayor in the November 3, 2009 Municipal Election and was sworn in as Mayor on January 4, 2010. At that time he resigned as councilmember leaving his council seat vacant. A Special Election to fill the remainder of his term to December 31, 2011 will be held in conjunction with the 2010 State Primary Election to fill this vacancy. The temporary appointment will serve as council person until the results of the 2010 Special Election is held and a winner is declared and sworn into office. The city council meets regularly the first Monday of the each month for a Council Manager Workshop and on the first and second Mondays of the month for regularly scheduled council meeting. There may be other times that the council will meet for workshops and/or special meetings. Personal Information: Minnesota State Statute §13.601 states that once on individual is appointed to a public body, the following items are considered public data: (1) residential address; and (2) either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee. 1. How long have you lived in the City of Maplewood? 2. Will other commitments make regular attendance at council meetings difficult? Packet Page Number 13 of 16 3. Please list specific reasons why you would like to serve in this temporary council seat? 4. Have you had any experience in dealing with the public, city councils, commissions, boards or committees? If yes, please describe. 5. Do you have any specific area(s) of interest or experience within the scope of serving as a councilmember? If yes, please describe. 6. List any community organizations or activities in which you have recently or are now an active participant. 7. Please provide any additional information or comments on why you would be a good choice to fill the temporary council seat vacancy. The information contained in this application shall be classified as public except for home and work telephone numbers, home address and e-mail address. At which time the applicant is appointed to a public body this information may become public. Please return this application by hand delivery or US Mail to: City of Maplewood, Attn: City Clerk, 1830 County Road B East, Maplewood, MN 55109 Packet Page Number 14 of 16 Item F7 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: December 28, 2009 RE: Set Council and Management Team Retreat Date At your request this item is placed on the agenda for council consideration of dates for a Council and Management Team Retreat to be set in February 2010. The retreat will be held off -site and will be posted as a quorum of the city council. A calendar for the month of February is attached for council consideration. Packet Page Number 15 of 16 February 2010 Sunday Monday Tuesday Wednesday Thursday Friday Saturday l 2 3 4 5 6 Council Manager Planning Possible Council Workshop Commission Staff Retreat Date? 7 8 9 10 11 12 13 Council Meeting Community Design Housing Possible Council Review Board Redevelopment Staff Retreat Date? Authority 14 15 16 17 18 19 20 Planning Park & Recreation Historical Commission Commission Preservation Commission 21 22 23 24 25 26 27 Council Meeting Community Design Review Board 28 Packet Pace Number 16 of 16