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
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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
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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
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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.
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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