9.A-B. PRSR 02-10-1999 rk,/ A�
Item# 9-a_ & 9.b.
t y of � MEMORANDUM
1k RiverTO: Park & Recreation Commission
FROM: Debbie Huebner
DATE: February 10, 1999
SUBJECT: A. Draft Park and Recreation
Commission Rules and
Procedures
B. Election of Park and Recreation
Commission Secretary
Attachments
• Draft Park & Recreation Commission Rules and Procedures
• Excerpt from City of Elk River City Code
• • Excerpt from State Statutes Regarding Meetings of Governing Bodies;
Open to the Public
Issue
At the January 13, 1999, Park and Recreation Commission meeting,
discussion took place regarding establishing rules and procedures for the
Commission. One issue in particular was brought up regarding a policy for
absences from meetings.
Action Taken
The attached Park & Recreation rules and procedures was drafted using the
Planning Commission's rules and procedures as a model. Additions and
deletions were made which staff felt were appropriate. Also, the City's most
recently updated ordinances, as well as State Statutes were taken into
account. These changes were reviewed and approved by Steve Wensman and
Pat Klaers.
• The Commissioners should note that in addition to electing and
chairperson and vice-chairperson each year, the city's ordinance requires
that a secretary be elected, as well. The duties and responsibilities of the
• secretary are explained on page 4 of the draft policies and procedures.
\\elkriver\sys\shrdoc\council\park&rec\rulesmem.doc
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425
•
• One of the most recent changes in the city's ordinance is that new
commission and board members will be appointed at the first council
meeting in March of each year. Therefore, to reflect that change the draft
rules and procedures state that the chair, vice-chair and secretary will be
elected at the March Park and Recreation Commission meeting.
Requested Action
A. Review the proposed draft rules and procedures and provide comments
to be incorporated into the final document.
B. Elect a secretary (term to expire in March 2000)
•
•
• DRAFT
ELK RIVER PARK
AND RECREA 11d Oi Oy
COMMISSION
• Ifs ULES AND
PROCEDURES
•
Park and Recreation Commission
Rules and Procedures
Page 2
2/4/99
Article I. Introduction: 3
Section 1. Purpose 3
Section 2. Application of Rules and Procedures 3
Article II. Offices and Duties. 3
Section 1. Offices Designation 3
Section 2. Recording of Meetings 3
Section 3. Duties and Offices 3
Article III. Meetings and Hearings: 5
Section 1. Notice 5
Section 2. Meetings 5
Section 3. Workshops 5
Section 4. Meeting Records 5
Section 5. Meeting Arrangements 6
5.1 Date 6
5.2 Location 6
5.3 Additional Meetings 6
Section 6. Parliamentary Procedure 6
Section 7. Preserving Order 6
Section 8. Public Hearing Agenda 7
• Section 9. Procedure for Public Hearings 7
9.1 Procedure 7
9.2 Protocol 7
Se_ction 10. Communications with Public and Applicant 8
10.1 General 8
Section 11. Deliberation 8
11.1 Voting 8
11.2 Conflict of Interest 8
Section 12. Orientation for New Members 8
Article IV. Education, Training and Conference Policy: 9
Article V. Maintenance of Rules and Procedures: 9
•
Park and Recreation Commission
Rules and Procedures
Page 3
2/4/99
Article I. Introduction:
Section 1. Purpose
It is the intent of the Elk River Park and Recreation Commission to conduct its business
and perform its responsibilities and duties in an orderly, efficient, fair and lawful manner.
These rules and procedures are established for that purpose.
Section 2. Application of Rules and Procedures
Unless otherwise specifically indicated,these rules and procedures shall apply to the
transaction and administration of all Park and Recreation Commission business and the
conduct of all Park and Recreation Commission meetings and hearings.
Article II. Offices and Duties:
• Section 1. Offices Designation
The Commission at its first regular meeting in March of each year shall elect a
Chairperson, Vice Chairperson and Secretary.
Section 2. Recording of Meetings
The City supplies a qualified staff member to perform all general corresponding and
recording secretarial duties for the Park and Recreation Commission. In the absence of
staff to perform recording the Secretary shall record the activities which take place during
the meetings.
Section 3. Duties and Offices
The duties and powers of the offices and the members of the Park and Recreation
Commission shall be as follows:
A. Chairperson
1. Preside over and preserve order at all meetings of the Commission.
Park and Recreation Commission
Rules and Procedures
Page 4
2/5/99
2. Call special meetings of the Commission in accordance with the City
Ordinance.
3. Sign documents of the Commission.
4. See that all actions of the Commission are properly taken.
5. Work with the City Staff to set monthly meeting agendas.
B. Vice Chairperson
During the absence, disability or disqualification of the Chairperson,the Vice
Chairperson shall exercise or perform all the duties and be subject to all the responsibility
of the chairperson.
C. Secretary
During the absence, disability or disqualification of the Chairperson and Vice
Chairperson, the Secretary shall exercise or perform all the duties and be subject to all the
responsibility of the chairperson. In the absence of staff to perform recording,the
secretary shall record the activities which take place during the Park and Recreation
•
Commission meetings.
•
C. Commissioners
1. All commissioners shall be responsible for the collection, review and
dissemination of facts regarding an issue before them. Facts shall be gathered
in a manner consistent with Article III Section 9 of these procedures.
2. All commissioners shall be familiar with City Code,the City Comprehensive
Plan, Master Park Plan and state law regarding the operation and duties of a
Park and Recreation Commission.
3. At least one Park and Recreation Commissioner will be available at the
Planning Commission and City Council meetings, where Park and Recreation
Commission items will be discussed,to answer questions and provide
information relevant to Park and Recreation Commission decisions.
4. Attendance -
All Commissioners shall endeavor to be present at all Park and Recreation
Commission meetings and hearings. When members are absent from a
meeting, it may be difficult to achieve a quorum needed for taking action
or making recommendations. Commissioners who are unable to attend a
meeting shall notify the Chair or a member of City staff. Commissioners
having four(4) excused, or two (2)unexcused absences in one year will be
asked to reconsider their commitment to the Park and Recreation
• Commission, and/or may be asked to relinquish their remaining term.
Excused and unexcused absences shall be determined by a majority of the
Park and Recreation Commission
Rules and Procedures
Page 5
• 2/5/99
Commissioners. If no response is received from the affected
Commissioner, a vacancy for the position shall be recommended by the
Park and Recreation Commission.
Article III. Meetings and Hearings:
Section 1. Notice
Notices of all meetings and hearings of the Park and Recreation Commission shall be
made in accordance with all statutory and ordinance notification requirements.
Section 2. Meetings
1. All meetings of the Elk River Park and Recreation Commission shall be open to the
public.
• 2. A portion of the meeting called Open Mike will be set aside for the public to bring up
issues of concern. Each speaker during Open Mike will be allowed five minutes to
present a issue. If the Chair, or, a majority of the Commissioners determine that a
particular issue requires further discussion or research,the issue may be added to the
end of the agenda, or placed on an upcoming agenda.
1. The Park and Recreation Commission shall attempt to obtain at least one joint
meeting with the City Council annually.
2. The Park and Recreation Commission shall attempt to obtain at least one joint
meeting with the Planning Commission annually.
Section 3. Workshops
Workshops and other meetings whose sole purpose is for general information and/or
educational purposes will be open to the public. Public testimony may or may not be
allowed. The Park and Recreation Commission occasionally may have"Mobile
Workshops"that involve being transported to different venues in the area.
Section 4. Meeting Records
•
Park and Recreation Commission
Rules and Procedures
Page 6
2/4/99
•
All minutes, evidence, exhibits, correspondence, maps, plats etc. shall be made a part of
the record, become the property of the City of Elk River and be maintained as a
permanent record in the City offices. Audio tapings of the meetings will be kept on file
for a one year period. Although Park and Recreation Meetings are not normally video-
taped, any video tapes which are made of Park and Recreation Commission meetings
will be kept on file for three (3) months. These records shall be available to the public
during normal business hours at the City Hall.
Section 5. Meeting Arrangements
5.1 Date
The Park and Recreation Commission shall meet regularly on the second Wednesday of
each month.
Other meeting dates shall be selected by the commission at their regular meetings or
called and set by the Chairperson when necessary or requested by staff, in accordance
with Section 5.3. All Commissioners will be provided with a minimum of three days
notice.
5.2 Location
City Staff and Chairperson shall select a meeting location that will suit the anticipated
needs of the meeting and which shall be accessible to all. Most meetings will take place
at the City Hall.
5.3 Additional Meetings
The Chairperson may call for a special meeting at any time. Notice of the time and place
shall be communicated to the members and publicly noticed at least three (3) days prior
to the meeting.
Section 6. Parliamentary Procedure
Meetings of the Elk River Park and Recreation Commission shall be conducted using
Robert's Rules of Order, as most recently revised.
Section 7. Preserving Order
The Park and Recreation Commission is authorized to preserve order at its meetings.
While meetings may be open to the public, no one who is noisy or unruly has a right to
remain in the meeting room and will be asked to stop the disturbing action or leave the
• room.
Park and Recreation Commission
Rules and Procedures
Page 7
• 2/4/99
Section 8. Public Hearing Agenda
The City Staff and the Park and Recreation Commission Chair set the agenda for the
public hearings. The agenda may be amended by a majority vote of the Commission.
Section 9. Procedure for Hearings
9.1 Procedure
1. The City staff will furnish the Commission with all pertinent information concerning
the issue.
2. The Chairperson will open the hearing to the public.
3. City Staff will explain the issue. An applicant for a particular issue and/or a
representative may provide information.
• 4. Those who wish to may provide testimony or ask questions.
5. City staff, the Park and Recreation Commissioners, and/or an applicant will then have
an opportunity to answer questions.
6. After closing a hearing the Commissioners may continue to question an applicant or
other constituents who have testified.
9.2 Protocol
1. Everyone who wishes to give testimony will be allowed to do so.
2. All statements or questions should be directed to the chair.
3. The speaker shall be as factual as possible.
4. Speakers shall refrain from repeating what has already been stated, and shall not
involve personalities.
5. Each person offering testimony or asking questions will need to step up to the
microphone at the podium and give his or her name and address to the recorder.
•
Park and Recreation Commission
Rules and Procedures
Page 8
. 2/4/99
6. The Park and Recreation Commission reserves the right to question any speaker
during the hearing or after the hearing has been closed.
7. The City Staff shall be permitted to ask questions to clarify motions or items brought
out at the hearing.
8. Written testimony may be received.
9. While all deliberations are open to the public no additional testimony may be offered
after the close of the hearing.
10. The Chair has the right to limit discussion of an item to a reasonable time limit if
necessary which shall be established prior to opening of a hearing.
Section 10. Communications with Public and Applicant
10.1 General
The Commission shall comply with the requirement of the Minnesota Open Meeting
Law.
•
Section 11. Deliberation
11 .1 Voting
A majority of the commission members entitled to vote shall constitute a quorum for the
transaction of business.
1 1 .2 Conflict of Interest
The Commission members shall comply with the City Conflict of Interest Ordinance.
Any member of the Park and Recreation Commission who shall feel that he or she may
appear to have, or in fact has a conflict of interest on any matter that is on the Park and
Recreation Commission agenda shall voluntarily excuse himself/herself,vacate their seat
and refrain from discussing and voting on said items as a Park and Recreation
Commissioner.
Section 12. Orientation for New Members
To assist new members in learning their responsibilities and to develop their
understanding of the planning process as quickly as possible, they will be required to:
•
Park and Recreation Commission
Rules and Procedures
Page 9
2/4/99
•
• Review procedures with City Staff
• Review Master Park Plan.
Article IV. Education, Training and Conference Policy:
The City Council and Park and Recreation Commission of Elk River recognize and
accept the concept that the acquisition and maintenance of a body of knowledge and skills
is necessary and desirable to perform the job of the Park and Recreation Commission.
Further, both groups encourage and highly recommend periodic attendance at various
educational opportunities such as training courses, meetings and conferences offered by
the City, State, and other governmental units and agencies.
The following is the policy of the Elk River Park and Recreation Commission as it relates
to city funded educational meetings, training and conferences.
1. All education and training is subject to availability of funds.
2. Attendance at educational meetings, training and conferences is voluntary. Park and
Recreation Commission members are encouraged to attend educational meetings,
training and conferences.
3. Involvement in relevant professional organizations such as membership, office-
holding, or committee work is intended to be considered educational.
4. Park and Recreation Commission members are encouraged to participate in their
budget process and request allocations for education purposes.
5. In the event of budget constraints,the acquisition of skills and knowledge through
educational meetings, training and conferences shall have precedence of the
maintenance of same.
6. Park and Recreation Commissioners are encouraged to report on their educational
experiences to other commissioners.
Article V. Maintenance of Rules and Procedures:
Review rules and procedures annually and update as needed.
Dated: January 25, 1999
• \\elkriver\sys\shrdoc\council\park&rec\prrules.doc
EXCERPT FROM CITY CODE
comprehensive plan, any ordinances and any capital improvement
program the Council has adopted to implement the plan. Aft
suchzreyiew it shall, to the extent it deems necessary, vise
the comp's ensive plan, adopt the amendments or the n
comprehens plan, and recommend it to the Counc4 in accordance
with law. Sim .rly, after such review, it sha `recommend to
the Council any a dments it deems desirabl o the capital
improvement program - '. any ordinance imp enting the plan.
214.06 - MEETINGS AND PROC c -
The Commission shall meet reg - ar on the fourth Tuesday of each
month. Special meetings m_ • be hel. ;t any time upon the call of
the Chairperson. Notic:- of the time an. .lace of a special
meeting shall be co ' nicated to the membe and publicly noticed
at least three (3 days prior to the meeting - ept in the event
of an emergenc . A majority of the Commission m- -.ers shall
constitute - quorum. All Commission meetings shall open to
the publ ' Except as provided herein, the Commission all be
gover. -d by and operate pursuant to Robert' s Rules of Orde . as
mo recently revised.
SECTION 216 - PARK AND RECREATION COMMISSION
• 216.00 - ABOLITION OF PARK BOARD AND RECREATION BOARD
The Park Board and Recreation Board in and for the City of Elk
River heretofore established pursuant to the provisions of
Minnesota Statutes, Section 412.501 to 412.531, is hereby
abolished.
216.02 - ESTABLISHMENT OF PARK AND RECREATION COMMISSION
A City Park and Recreation Commission for the City of Elk River
is hereby established. This Park and Recreation Commission is
established pursuant to the authority given by the Minnesota
Statutes Section 412 .
216.04 - PURPOSE OF COMMISSION
The Park and Recreation Commission is established to review and
to make recommendations to the City Council on the development
and organization of the City parks and City recreation programs.
The scope of the Commission shall consist of advising the City
Council regarding matters relevant to the parks and recreation
functions of the City. The Commission shall participate in the
planning for development and acquisition of parks and recreation
programs.
216.06 - MEMBERSHIP AND TERMS
• The Park and Recreation Commission shall consist of eight (8)
members appointed by the City Council for terms of three (3)
2.29
years each. All terms shall end on the last day of February,
however, commissioners shall hold office until their successors
have been appointed. Appointments shall be made at the first
regular Council meeting in March. The terms of the members shall
be staggered so that no more than three (3) terms of office shall
expire at one time. All appointments shall be made by the City
Council and a vacancy shall be filled by the City Council for the
remainder of the term. Officers of the Park and Recreation
Commission shall consist of Chair, Vice Chair and Secretary. The
Chair shall preside at all meetings of the Commission if present,
and perform all other duties and functions assigned by the
Commission or the City Council. The Vice Chair shall perform
these duties in absence of the Chair. If a vacancy occurs in the
Chair Office, the Vice Chair shall assume the Chair's duties for
the remainder of the year and a new Vice Chair shall be elected
by the Commission at the next scheduled Commission meeting. A
quorum shall consist of a majority of the sitting members. Each
member of the commission shall be a resident of the City of Elk
River.
216.08 - COMPENSATION
The members of the Commission shall serve without pay but may be
reimbursed for actual expenses incurred while performing duties
as a Park and Recreation Commission member.
• 216.10 - TRAINING
The Commission members shall be encouraged to avail themselves of
training courses offered by the City, State, and other
governmental units and agencies and the City Council shall budget
for the reimbursement of expenses incurred in training each year.
216.12 - POWERS AND DUTIES
The Commission shall prepare, hold hearings and recommend to the
City Council such plans, programs and policies as it deems
necessary to carry out the purposes of this ordinance. Said
powers shall include, but not be limited to, the studying and
recommending to the City Council on the following:
1 . Land acquisition for Park and Recreation purposes.
2 . Plans and major improvements in City parks.
3 . Rules and requirements for conduct of and in parks and
recreation facilities.
4 . Plans and programs relating to the design and programming of
city parks.
5. Proposed amendments in the recreation section of the City
• Growth Management Plan.
2.30
. 6. Development of a comprehensive City park and recreation plan
and make recommendations on the implementation of this plan.
7 . Assisting in the promotion of city parks.
8 . Conducting periodic inspection of City parks and review
existing situations and make recommendations on improvements of
City parks and recreation programs.
9. Discourage the vandalism of City parks.
10. Work with the Community Education Department of School
District 728 in ensuring to offer an appropriate array of
recreation opportunities for the youth and adults of the City and
School Districts.
11. Work with the City Street/Park Superintendent to ensure the
proper maintenance and development of City parks and park
facilities.
12. Work with the City Administrative staff in ensuring that
appropriate park properties are obtained by the City during the
City development platting process.
13. Any other plans and programs as may be assigned by the City
• Council from time to time.
14 . The Commission shall not be considered a Park Board under
Minnesota Statutes and shall have no powers to acquire or lease
land, employ personnel, enter into contracts or leases, or any
similar powers authorized by a Park Board by Minnesota Statutes.
216.14 - MEETINGS AND PROCEDURES
The Commission shall meet regularly each month. Special meetings
may be held at any time upon the call of the Chair. Notice of the
time and place of a special meeting shall be communicated to the
members and publicly noticed at least three (3) days prior to the
meeting except in event of emergency. All Commission meetings
shall be open to the public except as provided herein. The
Commission shall be governed and operate pursuant to Robert' s
Rules of Order as most recently advised.
216.16 - REPORTS TO THE COMMISSION
The Commission's reports, conclusions and recommendations shall
be made to the City Council, City Administrator, Community _
Education Director of School District 728, and City Street/Park
Superintendent as may be requested or to any or all of them as
the Commission deems appropriate in the light of the matter under
consideration. Its reports, conclusions and recommendations are
111 purely advisory and the final determination and responsibility
shall be with the City Council. The Commission shall be aided
2.31
• and assisted in every possible way by the City Administrator who
shall be appointed by the City Council.
SECTION 217 .00 ESTABLISHMENT OF ICE ARENA COMMISSION
217.00 - ESTABLISHMENT OF ICE ARENA COMMISSION
' here is hereby established in the City of Elk River an Ice A ena
C. ission pursuant to the provisions of this Ordinance.
217. •2 - PURPOSE OF COMMISSION
The Ic_ Arena Commission is established to make recomme •ations
to the •' ty Council on the development and management •f the City
of Elk Ri er Ice Arena Complex. The scope of the Co , ission' s
responsibilities shall consist of advising the City ' ouncil
regarding m- ters relevant to the development and o•eration of
the Ice Arena Complex.
217.04 - MEMBER- AND TERMS
The Ice Arena Comm' ssion shall consist of sev- n (7) members who
shall be appointed the Council for terms •f three (3) years.
The Commission will •nsist of the followi • :
2 representatives 'esignated by the Elk River Youth Hockey
Association.
1 representative desig,ated by dependent School District
728 .
1 representative of the Pa and Recreation Commission.
1 representative of the E ' 'ver City Council.
2 representatives from e public.
All terms shall end on the ast day of —bruary, however, members
shall hold office until t, eir successors lave been appointed.
Appointments shall be m- ie at the first re•ular Council meeting
in March. A vacancy du ng the term of any -mber shall be filled
by City Council appoi ment for the remainde of the term.
Officers of the Commission shall consist of Chair, Vice Chair,
and Secretary, as e ected by the Commission. T' - Chair shall
preside at all mee ings of the Commission if pre -nt, and perform
all other duties •nd functions assigned by the Co mission or the
City Council. e Vice Chair shall perform these d ties in the
absence of the hair. If a vacancy occurs in the Cha' r Office,
the Vice Chai shall assume the Chair' s duties for the remainder
of the year and a new Vice Chair shall be elected by th_
Commission .t the next scheduled Commission meeting. Th-
Secretary hall prepare minutes of the Commission meetings and
• assume t Chair' s duties in the absence of the Chair and V' ce
Chair. • quorum shall consist of a majority of the sitting
2.32
1201 EXCERPT FROM STATE STATUTES L RIGHTS,POWERS,DUTIES 471.705
• ? it—time personnel to the city or to contract with private persons,firms,or corporations pur_
su. to section 6.58,in order to complete and file the financial statement or report.Th-
penses -lated to the completion and filing of the financial statement or report •.11 be
charged to a e city.Upon failure by the city to pay the charge within 30 days of • ling,the
state auditor s .11 so certify to the commissioner of finance who shall forty. a the amount
certified to the ge - al fund and deduct the amount from any state funds d - to the city under
any shared taxes or at• The state auditor's annual report on cities shal ' dude a listing of all
cities failing to file a sta = ent or report.
History: 1978 c 787 s , 989 c 335 an 4 s 89
471.70 REPORTING OF OBLI TIONS BY IES, TOWNS, SCHOOL DIS-
TRICTS,AND BODIES CORPORA AND ' LITIC.
For the purposes of this section "mu =• ality" means a city, however organized;a
school district,however organized;a tow • .r . other body corporate and politic created
under Minnesota law.
An"obligation"as used in thi ection means an o. •.ation as defined in chapter 475.
On or before February fir each year,it shall be the •• of the principal accounting
officer of each municipalit .report to the auditor of each coun •n which such municipali-
ty is situate,the total am.•nt of outstanding obligations,and the pu ..se for which issued as
of December 31 of : •receding year.Such report shall be kept by the a *tor of each county
in a suitable reco On March first each year,it shall be the duty of the audit. of each county
to make repo o the state auditor of such obligations as reported to the county•.•itor by the
principal . counting officer of the municipality,together with the amount and ch.. .cter of
all ou ding obligations issued by the county.
History: (1938-14, 1938-15) 1927 c 163 s 1,2; 1945 c 187 s 1; 1967 c 48 s 1;
973 c 123 art 5 s 7; 1973 c 492 s 7; 1986 c 444
• 71.705 MEETINGS OF GOVERNING BODIES; OPEN TO PUBLIC; EXCEP-
IONS.
Subdivision 1.Presumption of openness.(a)Except as otherwise expressly provided
by statute,all meetings,including executive sessions,of a state agency,board,commission,
or department,when required or permitted by law to transact public business in a meeting,
and the governing body of a school district however organized, unorganized territory,
county,statutory or home rule city,town,or other public body,and of any committee,sub-
committee,board,department,or commission of a public body must be open to the public,
except meetings of the commissioner of corrections.The votes of the members of the state
agency,board,commission,or department or of the governing body,committee,subcommit-
tee,board,department,or commission on an action taken in a meeting required by this subdi-
vision to be open to the public must be recorded in a journal kept for that purpose,and the
journal must be open to the public during all normal business hours where records of the pub-
lic body are kept. The vote of each member must be recorded on each appropriation of
money,except for payments of judgments,claims,and amounts fixed by statute.This section
does not apply to a state agency,board,or commission when it is exercising quasi—judicial
functions involving disciplinary proceedings.
(b)A meeting governed by this subdivision may be conducted by interactive television
so long as:
(1)all members of the body participating in the meeting,wherever their physical loca-
tion,can hear and see one another and can hear and see all discussion and testimony pres-
ented at any location at which at least one member is present;
(2)members of the public present at the regular meeting location of the body can hear
and see all discussion and testimony and all votes of members of the body;
(3)at least one member of the body is physically present at the regular meeting location;
and
(4)each location at which a member of the body is present is open and accessible to the
public.
471.705 MUNICIPAL RIGHTS,POWERS,DUTIES 1202
(c)Each member of a body participating in a meeting by electronic means is considered
present at the meeting for purposes of determining a quorum and participating in all proceed-
ings.
(d)If interactive television is used to conduct a meeting,to the extent practical,a public
body shall allow a person to monitor the meeting electronically from a remote location.The
body may require the person making such a connection to pay for documented marginal costs
that the public body incurs as a result of the additional connection.
(e)If interactive television is used to conduct a regular,special,or emergency meeting,
the public body shall provide notice of the regular meeting location and notice of any site
where a member of the public body will be participating in the meeting by interactive televi-
sion.The timing and method of providing notice must be as described in subdivision 1 c.
Subd.1 a.Labor negotiations.Subdivision 1 does not apply to a meeting held pursuant
to the procedure in this subdivision.The governing body of a public employer may by a ma-
jority vote in a public meeting decide to hold a closed meeting to consider strategy for labor
negotiations,including negotiation strategies or developments or discussion and review of
labor negotiation proposals,conducted pursuant to sections 179A.01 to 179A.25.The time
of commencement and place of the closed meeting shall be announced at the public meeting.
A written roll of members and all other persons present at the closed meeting shall be made
available to the public after the closed meeting.The proceedings of a closed meeting to dis-
cuss negotiation strategies shall be tape—recorded at the expense of the governing body.The
recording shall be preserved for two years after the contract is signed and shall be made avail-
able to the public after all labor contracts are signed by the governing body for the current
budget period.
If an action is brought claiming that public business other than discussions of labor ne-
gotiation strategies or developments or discussion and review of labor negotiation proposals
was transacted at a closed meeting held pursuant to this subdivision during the time when the
tape is not available to the public,the court shall review the recording of the meeting in cam-
era.If the court finds that this subdivision was not violated,the action shall be dismissed and
the recording shall be sealed and preserved in the records of the court until otherwise made
available to the public pursuant to this subdivision.If the court finds that this subdivision was
violated,the recording may be introduced at trial in its entirety subject to any protective or-
ders as requested by either party and deemed appropriate by the court.
Subd. lb.Written materials.In any meeting which under subdivision 1 must be open
to the public,at least one copy of any printed materials relating to the agenda items of the
meeting prepared or distributed by or at the direction of the governing body or its employees
and:
(1)distributed at the meeting to all members of the governing body;
(2)distributed before the meeting to all members;or
(3)available in the meeting room to all members
shall be available in the meeting room for inspection by the public while the governing body
considers their subject matter.This subdivision does not apply to materials classified by law
as other than public as defined in chapter 13,or to materials relating to the agenda items of a
closed meeting held in accordance with the procedures in subdivision 1 a or other law permit-
ting the closing of meetings.
Subd. I c.Notice of meetings.(a) Regular meetings.A schedule of the regular meet-
ings of a public body shall be kept on file at its primary offices.If a public body decides to
hold a regular meeting at a time or place different from the time or place stated in its schedule
of regular meetings,it shall give the same notice of the meeting that is provided in this subdi-
vision for a special meeting.
(b) Special meetings.For a special meeting,except an emergency meeting or a special
meeting for which a notice requirement is otherwise expressly established by statute, the
public body shall post written notice of the date,time,place,and purpose of the meeting on
the principal bulletin board of the public body,or if the public body has no principal bulletin
• board,on the door of its usual meeting room.The notice shall also be mailed or otherwise
delivered to each person who has filed a written request for notice of special meetings with
the public body.This notice shall be posted and mailed or delivered at least three days before
• 1203 MUNICIPAL RIGHTS,POWERS,DUTIES 471.705
the date of the meeting.As an alternative to mailing or otherwise delivering notice to persons
who have filed a written request for notice of special meetings,the public body may publish
the notice once,at least three days before the meeting,in the official newspaper of the public
body or,if there is none,in a qualified newspaper of general circulation within the area of the
public body's authority.A person filing a request for notice of special meetings may limit the
request to notification of meetings concerning particular subjects,in which case the public
body is required to send notice to that person only concerning special meetings involving
those subjects.A public body may establish an expiration date for requests for notices of spe-
cial meetings pursuant to this paragraph and require refiling of the request once each year.
Not more than 60 days before the expiration date of a request for notice,the public body shall
send notice of the refiling requirement to each person who filed during the preceding year.
(c) Emergency meetings.For an emergency meeting,the public body shall make good
faith efforts to provide notice of the meeting to each news medium that has filed a written
request for notice if the request includes the news medium's telephone number.Notice of the
emergency meeting shall be given by telephone or by any other method used to notify the
members of the public body.Notice shall be provided to each news medium which has filed a
written request for notice as soon as reasonably practicable after notice has been given to the
members.Notice shall include the subject of the meeting.Posted or published notice of an
emergency meeting shall not be required. An "emergency" meeting is a special meeting
called because of circumstances that,in the judgment of the public body,require immediate
consideration by the public body.If matters not directly related to the emergency are dis-
cussed or acted upon at an emergency meeting,the minutes of the meeting shall include a
specific description of the matters.The notice requirement of this paragraph supersedes any
other statutory notice requirement for a special meeting that is an emergency meeting.
• (d) Recessed or continued meetings.If a meeting is a recessed or continued session of
a previous meeting,and the time and place of the meeting was established during the pre-
vious meeting and recorded in the minutes of that meeting, then no further published or
mailed notice is necessary.For purposes of this clause,the term"meeting"includes a public
hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a
public hearing by a public body.
(e) Closed meetings.The notice requirements of this subdivision apply to closed meet-
ings.
(f) State agencies.For a meeting of an agency,board,commission,or department of the
state.(i)the notice requirements of this subdivision apply only if a statute governing meet-
ings of the agency,board,or commission does not contain specific reference to the method of
providing notice,and(ii)all provisions of this subdivision relating to publication shall be
satisfied by publication in the State Register.
(g) Actual notice.If a person receives actual notice of a meeting of a public body at
least 24 hours before the meeting,all notice requirements of this subdivision are satisfied
with respect to that person,regardless of the method of receipt of notice.
Subd. ld.Treatment of data classified as not public.(a)Except as provided in this
section,meetings may not be closed to discuss data that are not public data.Data that are not
public data may be discussed at a meeting subject to this section without liability or penalty,if
the disclosure relates to a matter within the scope of the public body's authority and is reason-
ably necessary to conduct the business or agenda item before the public body.Data discussed
at an open meeting retain the data's original classification;however,a record of the meeting,
regardless of form,shall be public.
(b)Any portion of a meeting must be closed if expressly required by other law or if the
following types of data are discussed:
(1)data that would identify alleged victims or reporters of criminal sexual conduct,do-
mestic abuse,or maltreatment of minors or vulnerable adults;
(2)active investigative data as defined in section 13.82,subdivision 5,or internal affairs
data relating to allegations of law enforcement personnel misconduct collected or created by
i a state agency,statewide system,or political subdivision;or
(3)educational data.health data,medical data,welfare data,or mental health data that
are not public data under section 13.32, 13.38, 13.42,or 13.46,subdivision 2 or 7.
471.705 MUNICIPAL RIGHTS.POWERS,DUTIES 1204
• (c)A public body shall close one or more meetings for preliminary consideration of al-
legations or charges against an individual subject to its authority.If the members conclude
that discipline of any nature may be warranted as a result of those specific charges or allega-
tions,further meetings or hearings relating to those specific charges or allegations held after
that conclusion is reached must be open.A meeting must also be open at the request of the
individual who is the subject of the meeting.
(d)A public body may close a meeting to evaluate the performance of an individual who -
is subject to its authority.The public body shall identify the individual to be evaluated prior to
closing a meeting.At its next open meeting,the public body shall summarize its conclusions
regarding the evaluation.A meeting must be open at the request of the individual who is the
subject of the meeting.
(e)Meetings may be closed if the closure is expressly authorized by statute or permitted
by the attorney—client privilege.
Subd. 1 e.Reasons for closing a meeting.Before closing a meeting,a public body shall
state on the record the specific grounds permitting the meeting to be closed and describe the
subject to be discussed.
Subd.2.Penalties.(a)Any person who intentionally violates this section shall be sub-
ject to personal liability in the form of a civil penalty in an amount not to exceed$300 for a
single occurrence,which may not be paid by the public body.An action to enforce this penal-
ty may be brought by any person in any court of competent jurisdiction where the administra-
tive office of the governing body is located.If a person has been found to have intentionally
violated this section in three or more actions brought under this section involving the same
governing body,such person shall forfeit any further right to serve on such governing body or
in any other capacity with such public body for a period of time equal to the term of office
such person was then serving.The court determining the merits of any action in connection
with any alleged third violation shall receive competent. relevant evidence in connection
therewith and,upon finding as to the occurrence of a separate third violation,unrelated to the
• previous violations issue its order declaring the position vacant and notify the appointing au-
thority or clerk of the governing body.As soon as practicable thereafter the appointing au-
thority or the governing body shall fill the position as in the case of any other vacancy.
(b)In addition to other remedies,the court may award reasonable costs,disbursements,
and reasonable attorney fees of up to$13,000 to any party in an action under this section.The
court may award costs and attorney fees to a defendant only if the court finds that the action
under this section was frivolous and without merit.A public body may pay any costs,dis-
bursements.or attorney fees incurred by or awarded against any of its members in an action
under this section.
(c)No monetary penalties or attorney fees may be awarded against a member of a public
body unless the court finds that there was a specific intent to violate this section.
Subd.3. Citation.This section may be cited as the"Minnesota Open Meeting Law."
History: 1957 c 773 s 1; 1967 c 462 s 1: 1973 c 123 art 5 s 7; 1973 c 654 s 15;
1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1: 1983 c 137 s 1; 1983 c 274 s 18; 1984
c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12: 1991 c 319 s 22;
1994 c618art 1 s39; 1997c 154s2
471.707 LICENSE FEES;NOTICE.
A home rule charter or statutory city or a town increase the fee for a license to own
or ope : -a vending machine or to dispense goods. services therefrom only after notice and
hearing on •- matter.Mailed notice of the pr..osed change shall be sent to the persons al-
ready licensed a -ast 30 days before the : ring.This section supersedes any inconsistent
provision of other la •r charter.
History: 1984 c 393
471.71 DEFINITIONS.
Subdivision 1.Ter 1 For the purpo z of sections 471.71 to 471.83 the terms defined
in this section shall '.ve the meanings ascri to them unless the context otherwise re-
", quires.
DAHLGREN
SHARDLOW
AND UBAN
1RC CJ Rf'CJ?.\ii D
CONSULTINC F ANN%RS
LANDSCP, 'E P Rt l-ITEC'I S
300 FIRS"T Fi'o'EA, F NOR I14
SUITF 2'0
MINNEAFOL1S, "�1 554!?
612 339 3300
December 31, 1998
Patrick Klaers
City Administrator
City of Elk River
13065 Orono Parkway
PO Box 490
Elk River, MN 55330-0490
Dear Mr. Klaers:
As you may know, our firm does a lot of planning work for cities throughout the state of
Minnesota. The City of St. Cloud has recently retained our firm to do several things, including
the analysis of their present park dedication fee ordinance, suggest some new park dedication fee
ordinances, and an analysis relating to local, state and national trends relating to the amount and
validity of park dedication fees, especially relating to industrial and commercial property.
In consultation with an attorney who is working with us, we will be doing the following:
1. Analyze cases in Minnesota relating to this subject,the leading case being Collis Vs.
City of Bloomington.
2. Review recent U.S. Supreme Court cases relating to the taking issue as they may apply to
park dedication fees,whether they be cash or land.
•
3. Review well known land use treatises such as Rathkopf on zoning, Anderson on zoning,
McQuillan on Municipal Law, in order to pull together the current thoughts of
commentators and to make sure that we look at any recent cases from across the country
relating to these issues.
4. We will also be contacting the League of Cities to see if they have any research papers
and model ordinances on this subject.
As part hereof, we thought it would be beneficial to obtain from numerous cities, any legal
I (SKI MAP 1997-1998)
•
Elk River
--- EASIER
Skiing Trails MOST DIFFICULT
OPEN TO THE PUBLIC
NO SKI PASS REQUIRED
Wooded
1. SKI GROOMED TRAILS ONLY Area
a AVOID GOLF COURSE GREENS
3. NO MOTORIZED VEHICLES ON TRAILS
4. SKI SAFELY - NO SKI PATROL ON DUTY
5. DOGS ALLOWED BUT PLEASE CLEANUP
6. WALKING AND SNOW SHOEING ALLOWED ON TRAIL EDGES
X
416 W. Wooded
Area
BRADY
vo Wooded LOOP Ilk M Area
410 I SHIELY Wooded Are Wooded •
lyT LOOP Area
' vccded
Area E� T J Ai,` Z Z�-�pP� $
RP
H U "
itt Wooded
Q T
Area
W W . I 4171114.4 .
4rir
/F.44 W W
i W W W
•
W W 91011,E
sr W W
W W M . C
W ,c,iuoo. .
N Golf Course
W W
W W W B
W .,,//
W W Qt7 LAID
A AKA �K ate
Woodland
ak River Cou rsry Club p Trails
Park GOIL1
eg < North
1
' CSKI MAP 1997-1998)
■• ■
Elk River IP
._ EASIER
Sk i i n c Trails / MORE DIFFICULT MOST DIFFICULT
Wooded 1
IArea A.
OPEN TO THE PUBLIC . i
NO SKI PASS REQUIRED
Wooded '
1. SKI GROOMED TRAILS ONLY Area
2. AVOID GOLF COURSE GREENS
3. NO MOTORIZED VEHICLES ON TRAILS
4. SKI SAFELY - NO SKI PATROL ON DUTY
5. DOGS ALLOWED BUT PLEASE CLEANUP
6. WALKING AND SNOW SHOEING ALLOWED ON TRAIL EDGES 00 ob
! X , f It
II
Wooded olib a' lib 'I , Area II
■ Y tili ‘d
:RADY
' ` LOOP
Are
•
ib Ili
II
SHIELY Wooded
' LOOP Wooded , Aren
Area t.41 ` Wooded
•
E�
` Z ♦ PIyROP9 $ Jr •
S t
i
i VIIMED MEA ,iiiiiiio.pi
I
iliriiftto,
W
W W •+ PL /W �W t W W „oil
C 7 W W `110 at II
or y W W r r Golf Course
venM-
W W
W W W B
W W
A 114... .W W _ LMS
al
• Woodland • Elk lave- Cauerery Club p Trails p • p 0,P
Park 1-
�� N < North
•
CROSS-COUNTY SKI TRAIL GROOMING INFORMATION
HISTORY
The Elk River Nordic Ski Club did all ski trail -
grooming in the 1997 98 season after doing
approximately 50%the previous two seasons.
GROOMING EQUIPMENT
1998 - Skidoo Skandic
1992 - Polaris Widetrack
1 - 6' Roller- built by Elk River Nordic Ski Club
1 -4' Tidd-Tech -purchased by the City
1 - 6' Mesh drag -built by Elk River Nordic Ski Club
TRAILS - See Map A
• 20K Includes 3K on RR grade (beyond and between trail system)
11K Beginning to intermediate
9K Intermediate
Very little of our trail system would be classed expert.
1K New trails this year
PROPOSED GROOMING PRIORITY See Map B
Total grooming time (1) machine 6-7 hours
PRIORITY
1. Area A 4.5K beginner
2. Area B 6.5 intermediate
3. - Area C 3K beginner
4. Area D 1K beginner
5. Area E 1K beginner
6. RR Grade 3K beginner
7. Area F 1K intermediate
•
PROPOSED GROOMING GUIDELINES
•
1. After each snow l'/2" or greater.
2. Every Friday if conditions allow and warrant grooming.
3. Set tracks when snow depth allows.
4. Temperature should be below 25° and falling.
5. Grooming before/after ski races is not a city responsibility.
6. Early and late season only portions of the system are maintained due to temporary good
quality ski conditions as a cost saving measure.
GENERAL COMMENTS
Trail use is still relatively light but increasing steadily. As use increases, grooming demands will
change. Most Hennepin County Parks groom every day.
•
DEA:pq
U:\PAULAQ\DEAGROOM.WPD
•