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HomeMy WebLinkAbout01-12-2004MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday January 12, 2004 Council Chambers, Municipal Building Meeting No. 04-O1 A. B. C. D. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE City Clerk Guilfoile administered the swearing in of new councilmembers Jackie Monahan- Junek and Will Rossbach. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan-Junek, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from City Council Meeting, December 22, 2003 Councilmember Koppen moved to approve the City Council Minutes of December 22. 2003 as presented. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, councilmembers Juenemann and Koppen Abstain-councilmembers Monahan-Junek and Rossbach 2. Minutes from the Special City Council Meeting, December 29, 2003 Councilmember Koppen moved to approve the Special City Council Meeting Minutes of December 29. 2003 as presented. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, councilmembers Juenemann and Koppen Abstain-councilmembers Monahan-Junek and Rossbach City Council Meeting 01-12-04 E. APPROVAL OF AGENDA M1. Appreciation of Service M2. Christmas Trees Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes-All F. APPOINTMENTS/PRESENTATIONS 1. Planning Commission and Community Design Review Board (CDRB) Reappointments a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. Mayor Cardinal moved to Reappoint Mr. Trippler, Mr. Mueller and Ms. Dierich to serve on the planning commission for another three years. These terms would end on December 31, 2006. Reappoint Mr. Shankar to serve on the community design review board for another two , This term would end on January 1. 2006. Seconded by Councilmember Juenemann Ayes-All 2. Human Relations Commission--Appointment a. City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. Mayor Cardinal moved to appoint Jeffrey Kringle and reappoint Elmo Mattox and Gordon Heinin~er to the Human Relations Commission. Seconded by Councilmember Koppen Ayes-All G. CONSENT AGENDA 1. Approval of Claims ACCOUNTS PAYABLE: $ 5,130.00 Checks # 62667 thru # 62669 dated 12/16/03 thru 12/17/03 $ 400,980.99 Checks # 62670 thru # 62720 dated 12/23/03 City Council Meeting 01-12-04 2 $ 107,507.68 Disbursements via debits to checking account dated 12/12/03 thru 12/18/03 $ 26,960.00 Checks # 62721 dated 12/23/03 $ 357,075.47 Checks # 62722 thru # 62790 dated 12/30/03 $ 834,777.77 Disbursements via debits to checking account dated 12/19/03 thru 12/29/03 $ 504,489.18 Checks # 62791 thru # 62842 dated 1/06/04 $ 27,189.12 Disbursements via debits to checking account dated 12/23/03 thru 12/31/03 $ 2,264,110.21 Total Accounts Payable PAYROLL $ 407,411.54 Payroll Checks and Direct Deposits dated 12/19/03 $ 3,539.12 Payroll Deduction check # 95998 thru # 96000 dated 12/19/03 $ 406,945.13 Payroll Checks and Direct Deposits dated 1/02/04 $ 5,502.43 Payroll Deduction check # 96142 thru # 96146 dated 1/02/04 $ 823,398.22 Total Payroll $ 3,087,508.43 GRAND TOTAL 2. Interest Rate on Developer Deposits Approved the interest rate of 1% on General Fund developer deposits received on or after January 15. City Council Meeting 01-12-04 3 3. Kennard Street Improvements, Project 03-04 -Resolution for Modification of Existing Construction Contract, Change Order No. 2 Approved the following resolution for Change Order No. 2 in the amount of $81,729.57 with Forest Lake Contracting for Kennard Street, Project 03-04: RESOLUTION 04-O1-001 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-04, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA thatthe mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $81.729.57. The revised contract amount is $1,149,565.10 No revisions to the project budget are required at this time, as these changes fall within the original project budget. A final project recap will be done at a later date to reapportion funding based on the cost of work. 4. English Street Improvements, Project 01-14 -Resolution for Modification of Existing Construction Contract, Change Order No. 2 Approved the following resolution directing the Modification of the Existing Construction Contract, Change Order No. 2 for the English Street Improvements, Project 01-14: RESOLUTION 04-O1-002 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 01-14, English Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project O 1-14, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA thatthe mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $18,132.50. The revised contract amount is $1,286,233.48. No revisions to the project budget are required at this time, as these changes fall within the original project budget. A final project recap will be done at a later date to reapportion funding based on the cost of work. City Council Meeting 01-12-04 5. Sale of Surplus City Property, Located Adjacent to 1801 Clarence Street Approved the sale of Lot 16, Block 5 of Gladstone, Parcel 15-29-22-32-0069 to Richard J. and Carol F. Martinson of 1801 Clarence Street North, for the amount of nine hundred and fifty dollars and to direct the city engineer to make the necessary arrangements to prepare the sale of this property. 6. Conditional Use Permit Review - Menard's (2280 Maplewood Drive) Approved to review the conditional use permit for Menard's at 2280 Maplewood Drive again in one year. The council may review this permit sooner if a problem arises or if Menard's proposes a major change to the site. Conditional Use Permit Review - Schlomka Landscaping (2511 Carver Avenue) Approved the conditional use permit for a landscape business for Schlomka landscaping within the Farm Residence zoning district and the conditional use permit for a pole barn that is larger and taller than code allows at 2511 Carver Avenue. Review the conditional use permits again in one year to ensure compliance with all conditions. 8. Conditional Use Permit Review -Carefree Cottages Villas (IV) (1735 and 1737 Gervais Avenue) Approved to review the conditional use permit for the planned unit development for the Carefree Cottages Villas (Phase IV) again in one year or sooner if the owner proposes a major change to the site. 9. Nonconforming Trucking Business Review -Vernon Potter (1262 McKnight Road) Approved to review the nonconforming trucking business at 1262 McKnight Road North again in July 2004. 10. Purchase of Squad Cars Police Department Authorized the purchase five 2004 Ford Crown Victoria squad cars. 11. Intoxicating Liquor License Annual Renewals - On Sale Adopted the following resolution approving the renewal of the following On-Sale intoxicating liquor licenses for 2004: City Council Meeting 01-12-04 RESOLUTION 04-O1-003 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, NIIIVIVESOTA, that the following On-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 2004, with approval granted herein subject to satisfactory results of required Police, Fire and Health Inspections: 5-8 Tavem & Grill Scott Flewelling Smiley's D.G. Burger James Emison Chipotle Mexican Grill 2425 Highway 61 2289 Minnehaha Avenue 2303 White Bear Avenue Jose Leon Melvin Lindholm Mike Tupa Acapulco Mexican Restaurant Ciatti's Italian Restaurant Stargate Bar & Danceclub 3069 White Bear Avenue 1900 E. County Road D 1700 Rice Street Robert James Selander Paul J. Mateyka, Jr. Suzanne Schilling AMF Maplewood Lanes Deans, Inc. Suzanne's Cuisine 1955 English Street 1986 Rice Street 2100 White Bear Avenue Dorothy Helen Piotrowski Raymond R. Emerfoll Brian Meyer Applebee's Neighborhood Grill Garrity's The Bird 3001 White Bear Avenue 1696 White Bear Avenue 3035 White Bear Avenue Bernard Klarkowski Bemard Diebel Thomas Hecker Bennigan's Goodrich Golf Course The Olive Garden 1749 Beam Avenue. 1820 North Van Dyke 1749 Beam Avenue Stephen Yantes Michael Gengler Michael Paul Miranowski Bleechers Gulden's The Rock 2220 White Bear Avenue 2999 N. Highway 61 2029 Woodlyn Avenue Scott Uttley Patricia Belde Club On-Sale Best Western-Maplewood Inn Keller Clubhouse 1730 E. County Road D 2166 Maplewood Drive Don Standley Loyal Order of Moose 963 Bradley Karl James Ahlman 1946 English Street The Chalet Lounge Noodles & Company 1820 Rice Street 2865 White Bear Avenue Wine On-Sale Judith Landreville Stephen Parr Balbir Singh Champp's Outback Steakhouse Taste of India 1734 Adolphus 1770 Beam Avenue 1745 Cope Avenue Martin Mongoven Ehrick Holland Kin Phing Lee Chili's Restaurants Red Lobster Singapore Chinese Cuisine Southlawn & Beam 2925 White Bear Avenue 1715-A Beam Avenue Gregory Kuhns 12. Intoxicating Liquor License Annual Renewals -Off Sale Approved the renewal for one year, effective January 2004 for the following Off-Sale intoxicating liquor licenses: City Council Meeting 01-12-04 RESOLUTION 04-O1-004 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off-Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 2004, with approvals granted herein subjectto satisfactory results of required Police, Fire and health inspections: Todd Norman M.G.M. Liquor Warehouse A-1 Liquor, Inc. 2950 White Bear Avenue 19 North Century Avenue Marvin C. Koppen Laber's Liquors Party Time Liquor Arthur Mark Stein 1835 E. Larpenteur Ave. 1700 D Rice Street Blong Lee Princess Liquor `n Tobacco Lor's Liquor Store 2728 Stillwater Road Charly Lor 1347 Frost Avenue Christopher Sarrack Barracks International Wine & Spirits Wendy Lauber 2305 Stillwater Road Maplewood Wine Cellar 1281 Frost Avenue John Heinz Sid's Discount Liquor Joseph Hurdy 2515 White Bear Avenue 13. Lawful Gambling Resolution Merrick, Inc. - Garrity's -The Rock Adopted the following resolution renewing the Lawful Gambling License with the sate of Minnesota, for a gambling licensee at the Rock (2029 Woodlyn Avenue) and Garrity's (1696 White Bear Avenue): RESOLUTION 04-O1-005 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Merrick Companies to operate at The Rock, 2029 Woodlyn Avenue, and Garrity's, 1696 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. 14. Catholic Charities -Family Service Center -Fee Waiver Food Establishment Approved to issue a food establishment license to Ji-Young Choi, Volunteer Coordinator for Catholic Charities and to waive the fee. City Council Meeting 01-12-04 15. Temporary Gambling & Temporary Liquor License -Church of the Presentation of the Blessed Virgin Mary Adopted the following resolution approving the Temporary Gambling Resolution and a one-day intoxicating liquor license for Presentation of Blesses Virgin Mary Church at 1725 Kennard Street: RESOLUTION 04-O1-006 H. I. J. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Presentation of Blessed Virgin Mary Church, 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Councilmember Juenemann moved to approve the consent agenda items 1-11 and 13-15 as presented. Seconded by Councilmember Koppen Ayes-All Mayor Cardinal moved to approve the consent agenda item 12 as presented. Seconded by Councilmember Juenemann PUBLIC HEARINGS None AWARD OF BIDS None UNFINISHED BUSINESS None Ayes-Mayor Cardinal, Councilmembers Juenemann, Monahan-Junek and Rossbach Abstain-Councilmember Koppen City Council Meeting 01-12-04 K. NEW BUSINESS 1. Eldridge Avenue Landscape Improvements, Project 01-29 -Resolutions for Final Recapitulation of Existing Construction Contract and Acceptance of Project a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the following resolution approving the attached resolutions for Final Recapitulation of the Construction Contract and Acceptance the Project: RESOLUTION 04-O1-007 FINAL RECAPITULATION OF CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered landscape improvements for Eldridge Avenue, Project 01-29 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, construction has now been completed with increases in the quantity of some contract unit price items that have resulted in a final project cost greater than the original contract amount, and WHEREAS, it is now necessary that said final contract be modified and designated as Improvement ProjectOl-29, Final Recapitulation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Final Recapitulation in the amount of $650. The final contract amount is $32,766.00. No revision to the finance plan is proposed at this time. Seconded by Mayor Cardinal Ayes-All 2. Legacy Parkway, Hazelwood Street to Kennard Street, Project 03-26 -Accept Petition and Approve Resolution Ordering the Preparation of a Feasibility Study a. City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. Councilmember Rossbach moved to adopt the following resolution ordering the Preparation of a Feasibility for Legacy Parkway. Hazelwood Street to Kennard Street. Cit,~ Project 03-26: City Council Meeting 01-12-04 RESOLUTION 04-O1-008 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to construct street and utility improvements as Legacy Parkway, between Hazelwood Street and Kennard Street, City Project 03-26, and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, no additional funds need to be appropriated at this time to prepare this feasibility report. Expenses for this phase of the report will be covered under the current Legacy Parkway budget. this phase of the project is ordered. Seconded by Councilmember Koppen 3. 2004 Annual Appointments a. City Manager Fursman presented the staff report. Ayes-All b. City Clerk Guilfoile presented specifics from the report. City Attorney Patrick J. Kelly Kelly & Fawcett Current Rates: $80/hr -civil $95/hr -litigation Mayor Cardinal moved to appoint Patrick Kelly and Kelly & Fawcett as the City Attorney. Seconded by Councilmember Juenemann Ayes-All Prosecuting Attorney Patrick J. Kelly Current Rates: $9,825/monthly retainer $ 500/month cap on expenses Mayor Cardinal moved to appoint Patrick Kelly as the Prosecuting Attorney for the city. Seconded by Councilmember Koppen Ayes-All The project budget will be amended after City Council Meeting 01-12-04 10 Official Newspaper Maplewood Review Maplewood Review Mayor Cardinal moved to appoint the Maplewood Review as the Official Newsp~er for the cites Seconded by Councilmember Koppen Ayes-All Data Compliance Officers: City Compliance Officer Karen Guilfoile City Personnel Officer Sherrie Le City Law Enforcement Officer David Thomalla Mayor Cardinal moved to appoint Karen Compliance Officers for the city. Seconded by Councilmember Juenemann Sherrie Le and David Thomalla as the Data Ayes-All Municipal Legislative Commission (Quarterly, Wed - p.m.) Kathy Juenemann City Manager Fursman Mayor Cardinal moved to appoint Kathleen Juenemann and City Manager Fursman to the Municipal Legislative Commission. Seconded by Councilmember Koppen Ayes-All Ramsey County League of Local Governments Kathy Juenemann Will Rossbach Mayor Cardinal moved to appoint Kathleen Juenemann and Will Rossbach to the Ramsey County League of Local Government. Seconded by Councilmember Koppen Ayes-All Ramsey/Washington Suburban Cable Commission Kim Facile Marvin Koppen (alt) Robert Cardinal (alt) Mayor Cardinal moved to appoint Kim Facile to the Ramsey/Washington Suburban Cable Commission and Marvin Koppen and Robert Cardinal as alternates. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 01-12-04 11 N.E.S.T (First Thursday @ 7:30 p.m.) Marvin Koppen Will Rossbach Mayor Cardinal moved to appoint Marvin Koppen and Will Rossbach to the North East Suburban Transit. Seconded by Councilmember Juenemann Ayes-All Suburban Rate Authority (First month of quarter) Marvin Koppen Melinda Coleman Councilmember Juenemann moved to appoint Marvin Koppen and Melinda Coleman to the Suburban Rate Authority. Seconded by Mayor Cardinal Ayes-All St. Paul Water Utility Board of Commissioners (Second Monday @ 5:00 p.m.) Robert Cardinal Jackie Monahan-Junek (alt) Mayor Cardinal moved to appoint Robert Cardinal to the St. Paul Water Utility Board of Commissioners and Jackie Monahan-Junek as an alternate. Seconded by Councilmember Monahan-Junek Ayes-All Suburban Area Chamber of Commerce Robert Cardinal Melinda Coleman (alt) Mayor Cardinal moved to appoint Robert Cardinal to the Suburban Area Chamber of Commerce and Melinda Coleman as alternate. Seconded by Councilmember Koppen Ayes-All The Partnership (Tuesday a.m.) City Council Meeting 01-12-04 12 Jackie Monahan-Junek David Kvam Mayor Cardinal moved to appoint Jackie Monahan-Junek and David Kvam to The Partnership. Seconded by Councilmember Juenemann Ayes-All Joint Ice Arena Board Bruce Anderson Jackie Monahan-Junek Marvin Koppen (alt) Mayor Cardinal moved to appoint Bruce Anderson and Jackie Monahan-Junek to the Joint Ice Arena Board with Marvin Koppen serving as alternate. Seconded by Councilmember Rossbach Ayes-All Rush Line Corridor Will Rossbach Chuck Ahl Mayor Cardinal moved to appoint Will Rossbach and Chuck Ahl to the Rush Line Corridor. Seconded by Councilmember Monahan-Junek Ayes-All 800 MHz Representative (Temporary) Kathleen Juenemann Will Rossbach (alt) Councilmember Rossbach moved to temporarily appoint Kathleen Juenemann as the 800 MHz Representative and Will Rossbach as an alternate until the legal ruling returns on whether of not Ken Collins can be the city representative. Seconded by Councilmember Koppen Ayes-All Acting Mayor* Kathleen Juenemann Mayor Cardinal moved to appoint Kathleen Juenemann as the acting Mayor for 2004. Seconded by Councilmember Rossbach Ayes-All *Rotarion ofacring mayors: 1995-Carlson, 1996-Allenspach, 1997-Koppen, 1998- Rossbach, 1999-Carlson, 2000-Allenspach, 2001-Koppen, 2002Tulie Wasiluk, 2003 Ken Collins, 2005 WillRossbach and 2006TackieMonahan-Tunelc 4. Policy and Procedure Manual for City Council Meetings a. City Manager Fursman presented the staff report. City Council Meeting 01-12-04 13 b. City Clerk Guilfoile presented specifics from the report. Councilmember Koppen moved to adopt the following City Council Polic, Procedure Manual and directed staff to make changes and recommendations at the next meeting: CITY OF MAPLEWOOD RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS TABLE OF CONTENTS Section Section Section Section Section Section Section Section Section Section Section Section Section Section Meetings .............................................................................................................................1 2 Agenda for Regular Meetings and Council Manager Workshop ........................................ 3 3 Limitation on Council Action ............................................................................................ 3 4 Minutes ............................................................................................................................... 4 5 Duties of the Presiding Officer ...........................................................................................4 6 Rules of Debate ...................................................................................................................4 7 Addressing the Council .......................................................................................................5 8 General Rules of Order .......................................................................................................5 9 Decorum and its Enforcement and Rules of Civility for Our Community5 10 Ordinances, Resolutions, Motions and Reports ..................................................................6 11 Conduct of City Employees at Council Meetings ............................................................... 7 12 Waiver ................................................................................................................................7 13 Adjoumment .......................................................................................................................7 14 Council Administrative Policies .................................................................................. 8 & 9 Section 1 MEETINGS A. Regular PAGE 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 Tuesday, not a holiday, unless authorized by the City Council. In addition, the Council shall meet at 5':90 p.m. on the Thursday preceding the second and fourth Mondays. These meetings may be canceled by the City Council or City Manager if warranted. City Council Meeting 01-12-04 14 B. Special The Mayor or any two members of the Council by writing filed with the City Clerk atleasttwenty-four (24) hours before such meeting may call a special meeting. Notice 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 atthe residence if no such person can be found there. The notice shall be delivered twelve (12) 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 maybe 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. C. Place All meetings shall be held in the Council Chambers of the Maplewood City Municipal Building unless there is a posted and/or published notice designating another location. D. Presiding Officers The Mayor shall preside at all meetings of the Council. In the absence of the Mayor, the Acting Mayor shall preside. In the absence of both, the Council members shall elect one of their members as temporary chairperson. E. uorum Three members of the Council shall constitute a quorum at any meeting of the Council, but a smaller number may convene from time to time. F. Order of Business Atthe hour appointed for meeting the members shall be called to order by the Mayor, or inhis/her absence by the Acting Mayor. Upon the appearance of the quorum, the Council shall proceed to business which shall be conducted in the established order: A. Call to Order B. Pledge of Allegiance C. Roll Call D. Approval of Minutes E. Approval of Agenda F. Presentations G. Consent Agenda H. Public Hearings I. Award of Bids J. Unfinished Business K. New Business L. Visitor Presentations M. Council Presentations N. Administrative Presentations O. Adjournment G. Curfew No additional agenda item will be discussed after 111!:00 p.m. Meetings adjourned under this policy will be continued on the next Thursday at StDO p.m. The continued meeting will begin at the point on the agenda where the adjournment occurred. No new items will be added to the continued meeting agenda. A majority of the Council may extend the meeting beyond the 11:00 p.m. curfew. H. First Re¢ular Meetin¢ of the Year 15 Atthe first regular Council meeting in January of each year, the Council shall (1) designate the official newspaper, (2) choose an Acting Mayor on a rotating basis from the membership of the Council who shall perform the duties of the Mayor during the disability or absence of the Mayor, and (3) make other annual appointments as required. Section 2 AGENDA FOR REGULAR MEETING A. All matters to be submitted to the Council shall be filed no later than 12:00 noon on the Monday prior to the Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in his/her absence, the City Clerk In unusual circumstances and when the matter does notrequire investigation, an item may be accepted after the deadline upon the approval of the City Manager. B. Except for trivial matters, no item or business shall be considered for action by the Council, which does not appear on the agenda for the meeting except an item of urgent business, which requires immediate action and is so determined by a majority of the Council. The Council will hear all reasonable citizen petitions, requests and statements; however, such items which do not specifically appear on the agenda shall be deferred to a future meeting for more careful consideration and study if Council action, other than filing is required or requested. The Mayor and each Council member shall be provided with a copy of the agenda, minutes of the previous meeting any other reports and information pertinent to the agenda at least forty-eight (48) hours prior to each regular Council meeting unless authorized by the CiTy Manager. No matter may be submitted for Council action by any administrative official, department head, or employee unless it has first been presented to the City Manager for inclusion on the agenda. A. AGENDA FOR COUNCIL D4ANAGER WORKSHOP All matters to be submitted for the Council Manager Workshop shall be filed no later that 12:00 noon on the Monday prior to the Workshop and shall be delivered to the City Manager, or in his/her absence, the City Clerk W orkshops are held tne'fist Monday of the montliin the Maplewood Room from 5 OOjp m to 7 00 p m The Council Manager Workshop is designedto look m-depth into upcoming issues, interviewing commission and board members, and meeting and chscussmg issues w}th other civicTeaders Atthe discretion of the City Manager, Council Manager Workshops may also be heldat 6 00 p m, priorto regularly scheduled council meetings:. Section 3 LIMITATION ON COUNCIL ACTION The Council shall only take action at regularly scheduled meetings, or special meetings, called pursuant to Section 1, unless all Council members are present at thetimetheactionistaken. Regular meetings do not include meetings with public bodiesinjoint or cooperative sessions. All Council actions shall conform to the requirements of the open meeting law. Section 4 MINUTES A. The City Clerk or Acting City Clerk shall keep a record of all regular Council meetings. B. UnlessareadingoftheminutesofaCouncilmeetingisrequestedbyamemberoftheCouncil,suchminutesmay be approved without reading if each member has previously been provided a copy. C. The Council may, by motion carriedbyamajorityvote,amendtheminutes. Such am ending motion shall become a part of the minutes of the subsequent meeting. Section 5 16 DUTIES OF THE PRESIDING OFFICER The Presiding Officer shall preserve strict order and decorum at all meetings of the Council. He/She 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 of order. He/She 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 Council member 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 himself/herself to the question under debate avoiding all personalities and indecorous language. C. A member, once recognized, shall notbe interrupted when speaking unless itbe to call him/her to order or to vote on a motion to close a debate, or as herein otherwise provided. If a member, while speaking, is ruled out of order, the member shall cease speaking until the question of order is determined and if in order, he/she shall be permitted to proceed. D. A motion to reconsider any action taken by the Council must be made at the meeting at which such action was taken or at the next regular meeting of the Council and must be m ade by a member of the Council who voted with the prevailing side. Provided such motion to reconsider is passed, then the parties entitled to notice on the original action shall be notified, and the reconsideration ofthe action shall be taken at the nextregular meeting following passage of the motion to reconsider. E. A Council member may request, through the Presiding Officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council, or the reason for the member's dissent from or support of any action of the Council, entered in the minutes. Section 7 ADDRESSING THE COUNCIL Any person desiring to address the Council shall first secure the permission of the Presiding Officer. Each person addressing the Council shall give his/her name and address in an audible tone for the records, and unless further time is granted by the Presiding Officer, shall limithis address to five (5) minutes. All remarks should be addressed to the Council as a body and not to any member. No person shall be permitted to enter into any discussion, either directly or through a m ember of the Council, without the permission of the Presiding Officer. No question shall be asked a Council member or any member of the Administrative Staff except through the Presiding Officer. Section 8 GENERAL RULES OF ORDER Robert's Rules of Order and Robert's Parliamentary Law shall be accepted as an authority onparliamentary practice on matters not specifically covered, and in case of a conflict these rules shall govern. Section 9 DECORUM AND ITS ENFORCEMENT 17 The Council members, while the Council is in session, must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. 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. Section 10 ORDINANCES, RESOLUTIONS, MOTIONS AND REPORTS A. Ordinances, resolutions, and other matters or subjects requiring action by the Council shall be introduced and sponsored by a member of the Council, except that the City Manager or Attorney may present ordinances, resolutions and other matters or subjects to the Council. B. Every ordinance and resolution shall be presented in writing at a Council meeting; provided however, that the reading of an ordinance or resolution may be requested with a 4/5 vote. 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 majority vote of all members of the Council shall be required for the passage of all ordinances, motions and resolutions except as otherwise provided by law and except that amendments to the comprehensive plan and zoning ordinance shall require at least four (4) votes in favor. C. providedih Subsechori(B)of waiver thereof andihe Isecohd D. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared, passed by a roll call vote of at least four (4) members of the Council, as recorded by ayes and nays. No prosecution shall be based upon the provisions of any emergency ordinance until the same has been filed with the City Clerk and posted in a conspicuous place in the City, and twenty-four (24) hours after such filing and posting shall have elapsed or until the ordinance has been published, unless the person, persons, firms or corporations charged with violations thereof shall have had notice of the passage thereof prior to the act or omission complained of. Section 11 CONDUCT OF CITY EMPLOYEES AT CITY COUNCIL MEETINGS A. The City Manager may take part in the discussions of the City Council and may recommend to the Council such measures as he/she may deem necessary for the welfare of the people and efficient administration of the affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by Minnesota Statutes in regard thereof; however, it is recognized that the City Council is the policy-making body for the City and the City Manager shall confine his/her discussion atCouncil 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 18 administration. B. No City employee, other than the City Manager or Attorney, shall enter into discussions of the City Council except to answer questions directed to such employee, or to present factual information. C. The above regulations of City employees shall notbe construedto limitthe 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 majority vote of all Council members, these rules may be waived. Section 13 ADJOURNMENT A motion to adjourn shall always be in order and decided without debate. Section 14 COUNCIL ADMINISTRATIVE POLICIES A. Administrative Staff reports or memorandums regarding any property, including City-owned property, should include the street address and a location map. All appointees to commissions, boards, etc., are to appear before the Council and are ratified by council<vote. All material received at City Hall that will require City Council action shall be date stamped on the original. B. Internal Rules of Council Aooearances When an applicant has requested a public hearing and does not attend the meeting the item maybe tabled until the applicant can appear. Procedural Rules When a Council member is absent from a meeting where afour-fifth's (4/5) vote is required, the item may be tabled until a full Council is present. When a Council member is going to be absent when an Agenda item that they are interested in is scheduled, they may ask for the item to be tabled until they return, but the request must be approved by the City Council. Items introduced during Council Presentations at a Council meeting can be handled in several ways, depending on the direction of the City Council: a. By a majority vote of the City Council, the item shall be placed on an agenda of a designated 19 future meeting; or b. Directed by a consensus of the City Council, staff will research the item and submit a report to the City Manager for distribution to the City Council as soon as possible; or c. The City Manager may handle the item administratively without any further action by the Council. C. Land Use Matters When a substantive change is made to a previously approved development site plan, the change shall be submitted to Council. D. Other Matters Council audiotapes shall be retained for two years. A permit fee for an event sponsored by the City may be waived by the City Manager. The City, at the discretion of the City Manager, can allow the building to be closed early on the day before Christmas and the day before New Year's. Commercial and multiple-dwelling traffic should not be directed through single-dwelling neighborhoods, unless there is no reasonable alternative. CrtyHall rs a rronpublre forum aril prohrbrts all eampargmng fpr publre t~ffice wrthrn all muntcrpal buildings and equrpment: Seconded by Councilmember Rossbach Ayes-All L. VISITOR PRESENTATIONS 1. Gerald Peterson-3016 Hazelwood, Maplewood, had questions regarding the updating of the city website with new Councilmember information and the Legacy Village Contract. 2. Bob Zick-1880 East Shore Drive, Maplewood, addresses several issues where he had concerns. M. COUNCIL PRESENTATIONS M 1. Appreciation for Service-Councilmember Juenemann thanked Julie Wasiluk and Kenneth Collins for the time they served as councilmembers. M2. Christmas Trees-Councilmember Juenemann asked residents to call their refuse haulers if their tree has not yet been removed. N. ADMINISTRATIVE PRESENTATIONS 1. Council/Staff Planning Retreat-March 3`d will be the planned date with March 4~' as the backup date. 20 O. ADJOURNMENT Councilmember Rossbach moved to adjourn the meeting at 9:02 p.m. Seconded by Councilmember Monahan-Junek Ayes -All City Counci101-12-04 21