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HomeMy WebLinkAbout03-14-2006 SMMINUTES SPECIAL MEETING MAPLEWOOD CITY COUNCIL 5:32 P.M. Tuesday, March 14, 2006 Council Chambers, City Hall Meeting No. 06-07 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 5:32 P.M. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present Prior to starting the meeting Mayor Longrie asked City Attorney Kelly to provide a legal opinion of whether the city council policy for calling a special meeting as stated in the policy and procedure manual was in compliance with Minnesota State Statutes. Mr. Kelly referenced the policy and procedures manual section 1 B and Minnesota Statute 13D.06 under the statute Mr. Kelly stated that for a special meeting their must be a posted and written notice of the date, time, place and purpose. The written mailed notice should be mailed out within one day prior to the meeting for persons who filed a written request like the media. Mr. Kelly then referenced subdivision 7 actual notice. He stated that the actual notice is when council members show up and have notice of the meeting. He explained that the question with the conflict is the interpretation. If they are at the meeting, they have actual notice. The key interpretation is actual notice. Mayor Longrie asked Mr. Kelly to confirm that the meeting was ok to go, and no need to table it to another day. Mr. Kelly stated the purpose of a notice provision is to ensure all council members have notice. Mayor Longrie expressed that she wanted to be sure the meeting complied with the structure of those two requirements. Assistant City Attorney Lee who has researched the subject extensively confirmed Mr. Kelly's opinion. C. APPROVAL OF AGENDA 2a. Visitor Presentations 2b. Council Comments Councilmember Rossbach moved to approve the agenda as amended. Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nays-Councilmember Juenemann 03-14-06 Special City Council Meeting D. NEW BUSINESS Appointment to the Dispatch Policy Committee Mayor Longrie presented the report. City Manager Fursman presented specifics from the report. c. Police Chief Thomalla and Councilmember Juenemann provided further specifics from the report. Councilmember Rossbach moved to appoint Councilmember Juenemann to the Dispatch Policy Committee. Seconded by Councilmember Hjelle Ayes-Mayor Longrie, Councilmembers Cave, Hjelle, and Rossbach Abstain-Councilmember Juenemann Maplewood Ordinance Sec. 2-101 -Pertaining to the City Manager Mayor Longrie presented the report. Mayor Longrie moved to terminate the City Manager from his position with his full severance package and have Assistant City Manager Melinda Coleman as interim City Manager during the search and hiring of Manager Fursman's replacement. Seconded by Councilmember Cave The following persons were heard: Jerry Serfling, AFSCME Council V Lori Tolzman, 812 Mary Street, Maplewood Roxanne De Florin, Representing Citizens against Petty Politics MaryLee Abrams, 2940 Frank Street, General Council for Law Enforcement Officers Steven Hines, Maplewood Police Officer George Rossbach, 1406 E. County Road C, Maplewood Mike Stockstead, President, Minnesota Professional Fire Fighters Kevin Schmidt, 1800 Phalen Place, Maplewood Peter Fischer, Parks Commission Chair, 2443 Standridge Avenue Mark Gernes, 1837 McKnight Road, Maplewood City Attorney Kelly and Assistant City Attorney Lee discussed the possibility of a conflict of interest for Councilmember Hjelle voting to remove the City Manager from his position since Mr. Hjelle is a Fire Department employee. Attorney Lee informed Mayor Longrie that due to the timeline of the meeting being called and held he was unable to obtain an opinion from the Attorney General's Office. Mayor Longrie withdrew her motion. 03-14-06 Special City Council Meeting Mayor Longrie moved to direct the City Attorney to provide an opinion and information if it is a conflict of interest for councilmember Hielle to vote on fire department issues and also if it is a conflict of interest for councilmember Cave to vote on the termination of the City Manager and on fire department issues since her husband is also employed by the fire department as a paid per call firefighter. Seconded by councilmember Cave Ayes-Mayor Longrie, Councilmembers Cave, Juenemann and Rossbach Abstain-councilmember Hjelle E. ADJOURNMENT Mayor Longrie adjourned the meeting at 8:25 p.m. 03-14-06 Special City Council Meeting