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4.3. EDSR 03-06-2017 J� Eof lk ` - Request for Action River To Item Number Economic Development Authority Beautification Committee 4.3 Agenda Section Meeting Date Prepared by General Business March 6,2017 Amanda Othoudt, EDD Item Description Reviewed by Board and Commissions Reference Guide Cal Portner, City Administrator Reviewed by Action Requested Review the Board and Commissions Reference Guide. Background/Discussion The Board and Commissions Reference Guide provides information regarding the responsibilities of the Beautification Committee. The guide also addresses advisory board and commission policy, open meeting law, data practices law and the conflict of interest policy. Financial Impact N/A Attachments ■ Board and Commissions Reference Guide PaxIe10 sr A URE fir.. a' '•tea� Oty o f. Board & Commission FGuide oil low ..ra�ariaaJ'Jar•"' .r r..t�! •w„ ::.wsa+-r'.�w "/ �� � i'�'t�.°r:�,J��.ifdr��' ff s4 Elk PowEREo B Diver NAWRE Forpeople avho avant to breathe the outdoors,yet avant access to big city amenities, Elk River is an emerging small city avhere the Elk and Mississippi Rivers floav together on the fringe of the Tivin Cities and where the heart ispowered by its nature so you are energi-Zed and inspired to make a difference. Our Vision Abounding in natural beauty,Elk River is a vibrant,historic river town that promotes an active lifestyle in an innovative and involved community offering unlimited opportunities. Goals Supporting the Vision Innovation-Develop new programs and services to meet the needs of the community. Community Development- Enhance community involvement and public participation. Beautification- Have attractive welcoming streetscapes at City entrances and primary corridors. Enforce zoning ordinance. Opportunities- Foster a pro-growth atmosphere that provides incentives and other opportunities for new and existing business. The following Information is included in this Board/Commission Reference Guide: ■ 2017 City Council Directory ■ Organizational Chart ■ Commission Responsibilities and Information (specific to your board/commission) ■ Advisory Board and Commission Policy ■ How to Access Packets Electronically ■ Cable TV Etiquette ■ Understanding Basic Motions ■ Open Meeting Law ■ Guidelines for Electronic Communications Between Members of the Council, Commissions, and Boards ■ Data Practices ■ A Review of the Gift Law 0 Conflict of Interest City of Elk River Organizational Chart Citizens of Elk River Mayor&City Council Commissions Boards E—eg City Library Heatage Preservation EDA Ice Arena HRA Parks&ReQeation Plarmurg Util'a City Administrator Legal Parks&Recreatio Community Development Fire Police Finance Administration Retreat Plaxmurg Pixe Admirustxation Police Admrinistxation Finan Admimsnative Services Park Maintenance Envixoxamenta] Fue Operations Patxo] Information Techndogc Cable TV Sexriox Citizen Programs Energy City Emegenry Management Investigations Liquor Human Resources Library Landfill Building Safety Support Services Building Maintenance Electi Ice Arena. Gubage Code Enf'oxcement Reserc Economric Development Avthossh- Public Safety Bvilrling Housing&Redevelopment Authorit Street Main Snow Removal Equipment Sean Engineering St.— W-- 8 City of Qkk*k=�: River 13065 Orono Parkway 2017 City Council Directory Elk River,MN 55330 JOHN DIETZ Mayor 13319 Riverview Dr NW Elk River,MN 55330 Home: 763.441.5783 Email: iohn.dietz&elkrivermn.gov Term Expires: 12131118 JERRY OLSEN MATTHEW WESTGAARD Ward 1 Councilmember Ward 2 Councilmember 18264 Kent St NW 19417 Baldwin Circle NW Elk River,MN 55330 Elk River,MN 55330 Phone: 763.241.9396 Home: 763. 241.0769 Email: ierry.olsen&elkrivermn.gov Email: matt.westgaard e,elkrivermn.gov Term Expires: 12131118 Term Expires: 12131120 NATE OVALL JENNIFER WAGNER Ward 3 Councilmember Ward 4 Councilmember 11025192 nd Ct NW 18544 Quincy Ct NW Elk River,MN 55330 Elk River,MN 55330 Cell: 763.221.2296 Cell: 612.741.1619 Email: nate.ovaU&elkrivermn.gov Email: iennifer.wagner&elkrivermn.gov Term Expires: 12131120 Term Expires: 12131118 CALVIN PORTNER City Administrator Work: 763.635.1001 Email: cportner&elkrivermn.gov Phone:763.635.1000 www.ElkRiverMN.gov City of Elk RiVer Economic Development Authority Responsibilities ■ The Economic Development Authority is an established public corporation empowered to undertake certain types of economic development projects. ■ The Economic Development Authority is the economic development arm of the City Council and handles all types of city economic development projects. ■ Projects may include acquiring, developing,improving, and disposing of property, entering into contracts,and operating and maintaining public facilities. Membership The Economic Development Authority shall consist of four Councilmembers and three citizens. Members are appointed by the Mayor,upon approval from the City Council. The length of term for the Councilmembers coincides with their Council term. The length of term for the citizen members is six years. Meetings The Economic Development Authority meets on the third Monday of each month at 5:30 p.m. The meetings are held at Elk River City Hall, 13065 Orono Parkway. Staff Liaison Amanda Othoudt,Economic Development Director 763.635.1042 aothoudtnelkrivermn.gov P0wEREo 0r AWR City of Elk IUVeY' Beautification Committee Responsibilities ■ The Beautification Committee is a sub-committee of the Economic Development Authority. ■ The City Beautification Committee serves to recognize business owners,whom have made an effort to clean,repair,improve, and enhance the overall aesthetics of their property to maintain the beauty of their neighborhood. ■ This committee encourages community improvements which enhance our city's visual image and economic vitality. ■ The Committee is tasked to select an applicant during the Months of May through October that has made substantial improvements to the exterior of their building and/or landscape in the past year. ■ The committee is tasked to select a second applicant during the Months of May through October that consistently maintains their property in an attractive well-kept manner. ■ The Beautification Committee will choose one grand prize winner in October from all applications received from the months of May through September. Membership The Beautification Committee consists of five members: ■ Three members at large ■ One member representing the Sherburne County Master Gardeners Club ■ One member representing the Elk River Chamber of Commerce. Meetings The Beautification Committee meets on the second Monday during the months of May through October at 10:00 a.m.The meetings are held at Elk River City Hall, 13065 Orono Parkway. Staff Liaison Amanda Othoudt, Economic Development Director 763-635-1042 aothoudt@elkrivermn.gov Adopted by Council August 2,2004 O�, Revised 2016 City of Elly River ADVISORY BOARD AND COMMISSION POLICY Document Purpose The Council is directly responsible for the actions of its advisory boards and commissions and this policy serves to provide guidance to those bodies. It is hoped that through this policy the expectations of the Council,with respect to its advisory boards and commissions will be clearly understood and followed. The Councilmembers welcome any request for discussion or clarification of information that is contained or thought appropriate to be contained in this policy. The goals of the Council are better communication with its advisory boards and commissions and better service to the citizens of Elk River. Creation of Advisory Commissions and Independent Commissions State statutes govern the creation of Council advisory commissions. These commissions are authorized to exercise all duties which the Council has legally assigned to them. They are frequently authorized to conduct investigations and make recommendations. It should be remembered, however,that advisory commissions may not make decisions on behalf of the Council. In many cities,it is routine practice for the Council to accept an advisory commission recommendation if the commission has done a thorough and competent job. It must be emphasized,however, that it is the Council's final decision on the matter and not simply the commission recommendation which is effective to bind the municipality. No recommendation of any advisory commission takes effect unless it has been adopted by formal action of the Council. These advisory commissions may be organized in any manner deemed appropriate by the Council. The Council may create and dissolve them,appoint persons to serve on them, and exercise powers of general supervision over them.A Planning Commission,however, must be established by ordinance (per Minnesota Statutes, Sections 462.351-462.365) and, once established, may be dissolved only by an ordinance,which passes, by a 2/3-majority vote of the Council. There are several differences between independent commissions and advisory commissions. State statutes establish most independent boards and commissions and give them some discretionary powers. Advisory commissions conduct studies and investigations on behalf of the council, and submit reports and recommendations for council consideration. Advisory commission decisions do not take effect until the council has accepted the decision by passing an ordinance or resolution. Advisory Commissions The Elk River City Council currently has five standing advisory commissions. They are: ■ Heritage Preservation Commission ■ Planning Commission ■ Ice Arena Commission ■ Energy City Commission. ■ Parks and Recreation Commission Page 1 of 9 Independent Commissions Minnesota statutes authorize the Council to create independent citizen boards and commissions. The amount of discretionary power the Council can give to such bodies varies. The City of Elk River has the following four: ■ The Economic Development Authority (EDA) is established as authorized by Minnesota Statutes, Sections 469.090-469.108,to include, but not be limited to, promoting commercial and industrial growth and development in the City of Elk River. ■ The Housing and Redevelopment Authority (HRA) in and for the City of Elk River was created by an act of the Legislature of the State of Minnesota entitled the "Municipal Housing and Redevelopment Act,"Minnesota Statutes, Sections 469.001-469.089. The HRA may not transact any business or exercise any powers until the Council,by resolution, finds the city has substandard, slum, or blighted areas that cannot be redeveloped without government assistance; or,has a shortage of decent, safe,and sanitary low-income dwellings. ■ The Elk River Public Library Board of Directors is established as authorized by Minnesota Statutes, Sections 134.07-134.15. ■ The Utilities Commission is established as authorized by Minnesota Statutes, Sections 412.321-412.391. This statute gives the Utilities Commission all discretionary authority necessary to operate the utilities. This Advisory Board and Commission Policy applies to each of these groups as appropriate and as permitted by the laws and ordinances that establish them. Nothing in this policy is intended to supersede any provision in state law or city code. To the extent that there is any conflict between state law or city code with the provisions of this policy, state law or city code shall prevail. Nothing in this policy is intended to limit, expand, or otherwise modify the authority given to city boards and commissions by state law or city code. Commission Organization and Procedures I. Applications All applicants,including board and commission members who are seeking reappointment, must complete an"Application for Appointment to City Board or Commission"and submit the application to the City Clerk by the deadline date. 2. Notification of Openings Except for openings filled by Mayoral appointment,board and commission expirations and vacancies will be advertised in the Elk River Star News, The Current newsletter,ERtV 12, and the city website. 3. Appointments The Council will review all applications.Applicants will be interviewed by the City Council to make board and commission appointments and reappointments. Page 2 of 9 4. Vacancy Board and commission applications will be kept on file for one year. If a vacancy occurs during the year,the Council may make an appointment from the applications on file. Vacancies in commissions are filled for the remainder of the unexpired term. 5. Terms Beginning in March Planning Commission, Parks and Recreation Commission, Utilities Commission, Heritage Preservation Commission,the Ice Arena Commission, and the Energy City Commission terms run from March 1 to the last day in February in any given year The term of office is for three years as provided in the governing ordinance and is designated by the Council at the time of the appointment. If the appointment is to fill a vacancy for an unexpired term,the appointment is for the balance of the term. Interviews for these annual term expirations will be held in January or February so that terms can begin on March 1. 6. Terms Beginning in January HRA, EDA, and Library Board terms run from January 1 to December 31 in any given year.The Mayor,upon approval of the Council, shall make appointments to the HRA, EDA, and Library Board.The term of office for the HRA is five years, six years for resident members of the EDA, and three years for members of the Library Board as provided in the governing ordinance and is designated by the Council at the time of the appointment. If the appointment is to fill a vacancy for an unexpired term,the appointment is for the balance of the term.The Mayor shall decide whether or not to advertise for these positions. 7. Residency Applicants to the Parks and Recreation Commission and Ice Arena Commission, do not need to reside in Elk River. However,it is expected that a preference be given to city residents, but residency by itself shall not be a disqualification. (Ord. No. 03-001, 03-002, 03-003).Applicants to the Library Board are to reside within Sherburne County. Residency is not a requirement to be a member of the Energy City Commission. 8. Officers Each standing advisory commission shall elect officers as stated in their By-laws or in the governing ordinance. 9. By-laws or Rules of Procedure Each commission shall adopt By-laws or Rules of Procedure governing its work and these By-laws should be reviewed every three years. 10. Resignation Voluntary resignations from a commission should be communicated by letter from the person resigning to the Mayor or City Clerk. Page 3 of 9 1 1. Orientation It shall be the responsibility of the Chair or his designee to provide to each new member as soon as possible after that member's appointment, a copy of the commission's current By-laws or Rules of Procedure, a membership roster, minutes of meetings from the last three months,this Appointment Policy, and any other information necessary to the orientation of new members.A formal orientation of newly appointed commission members shall take place during the month of March or April. 12. Council Liaison The Mayor shall appoint one Council Member as an ex-officio member without voting rights to each of the following commissions: Planning Commission, Parks and Recreation Commission, Heritage Preservation Commission, and the Library Board. The Council Member shall serve as liaison between the Council and the commission for a determined length of time established at the time of appointment. 13. Scheduled Meetings The commissions shall meet as stated in their respective By-laws and governing ordinance, and meet as necessary to fulfill the objectives of the commission. Meetings shall be governed and operated pursuant to the By-laws of the Commission and Robert's Rules of Order,Newly Revised Ninth Edition. Meetings are subject to the Open Meeting Law. Dates, time,and place of meetings shall be published in the City Newsletter, and posted on the City's Principal Bulletin Board located in the entryway of City Hall. Notice shall be published in the City's Official Newspaper if stated in the governing ordinance. The Open Meeting Law applies to "any committee, subcommittee, department,board or commission" of the City. 14. Special Meetings Meetings of commissions held for a specific purpose outside of their regularly scheduled meetings must have a special meeting notice posted on the City's Principal Bulletin Board in the entryway of City Hall 72 hours in advance of such special meeting,in accordance with state law. Special meetings may be called in accordance with the By-laws established by each Commission. 15. Attendance A member shall be expected to maintain a suitable attendance record. Attendance is vital to board service and City Council expectations. Because attendance is important,the City Council has adopted the following attendance policy: Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) meetings or at least two-thirds of the meetings (including regular and special meetings) scheduled during a rolling 12- month period. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this paragraph shall not continue to serve on the board and such removal shall create a vacancy. A member may appeal the termination by requesting a hearing before the City Council within 10 days of notice of termination. Page 4 of 9 A standard commission attendance form shall be used by all commissions for the staff liaison to record attendance. The Office of the City Clerk shall forward the attendance record to the City Council at the end of each June and December for the Council review. Commission members shall notify the staff liaison of planned absences 72 hours prior to the meeting missed. 16. Removal From Office EDA and HAA The City Council may remove an EDA or HRA commissioner when in its judgment the public welfare will be promoted by removal. Causes for removal include, but are not limited, to inefficiency, neglect of duty, or misconduct in office. The commissioner must be given a copy of the charges at least 10 days prior to a hearing at which the commissioner has an opportunity to be heard in person or by counsel. The Council may temporarily suspend a commissioner until the hearing process. The commissioner shall immediately be reinstated if the charges have not been substantiated.When a commissioner is removed,a record of the proceedings shall be filed with the city clerk (MN Statutes 134.09, 412.111, 469.010). All Other Commission/Board Members The Council may remove any commission/board member when in its judgment the public welfare will be promoted by the removal. (MN Statutes 412.111) All commission and board members should be aware that criminal penalties may apply depending on the nature of the violation. 17. Acting as a Private Citizen A commission member testifying before the Council as a private citizen should clearly note before testimony that he/she is not representing the advisory commission on which they serve. 18. Compensation and Expenditures Commission members shall serve without pay with the exception of members of the EDA and Utility Commission; state statute allows compensation. Members of some commissions may be reimbursed for actual expenses incurred while performing duties as a commission member as stated in the governing ordinance. 19. Minutes Staff will be provided by the City to take minutes for the advisory commissions.All such minutes are matters of public record and shall be kept at City Hall. The minutes should contain an accurate report of the sequence of events and names of citizens who appear and are heard. 20. Staff Liaison A staff liaison is provided for each commission. The purpose is to provide direct information to each commission regarding City policy and practices within its area of interest. Commission members do not have the authority to direct staff personnel. Any commission recommendation for modification of City policy and practices should be directed to the Council. (see Commission Requests to Council) Page 5 of 9 21. Work Sessions The Mayor and Council may hold an annual goal-setting work session with board and commission members, as well as other meetings when circumstances dictate. This work session serves as an opportunity for open dialogue regarding matters of mutual concern and to address issues that may have budgetary or policy impacts. 22. Training Board and commission members are allowed on a voluntary basis (mandatory for Planning Commissioners) to attend training courses, meetings and conferences offered by the city, state, and other governmental units and agencies subject to availability of funds. Involvement in relevant professional organizations as a member is also encouraged. Planning Commissioners must attend,within their term, at least one State Planning Annual Conference. Planning Commissioners are strongly encouraged to annually attend other training opportunities afforded them. 23. Subcommittees From time to time, the Council may appoint subcommittees of certain commissions in order that special attention is concentrated in specified areas.At the same time, the Council also wants the opinion of the commission regarding each subcommittee's recommendations. Each subcommittee should submit any report or recommendations,intended for the Council, first to the commission for review and comment. Such review and comment should take place at the next regularly scheduled meeting of the commission. If it does not,the report or recommendation of the subcommittee shall be forwarded to the Council without commission consideration. The subcommittee report or recommendation,together with the commission's comments, should be submitted to the Council at its next regularly scheduled meeting. As in the case of commission presentations,a spokesperson for the subcommittee should attend the Council meeting and be prepared to make a presentation and answer questions. The commission is free to appoint subcommittees of their membership as the commission sees a need. Council Requests to Commissions From time to time, the Council will refer items to commissions for recommendation. The purpose of such a referral is to assist the Council in gathering all pertinent facts. The request will be referred to the commission in writing by the Mayor and will include a specific time period to complete the study. The Council would request a written report from each commission with regard to each such referral. The report should set forth all the pertinent facts and detailed recommendations Page 6 of 9 from the commission. The report should be submitted to the City Clerk the Wednesday before the Council meeting so that it may be included on the agenda. Any time a commission report comes before the Council, one representative of the commission should be present to make a presentation and answer questions. In the event there is a difference of opinion on the commission, a minority report written by the commission may be presented in the same manner. Commission Requests to Council Any commission request or recommendation for Council action should be communicated by letter from the Chair to the Mayor,giving a full explanation of the background of the matter.Along with the letter, the commission should submit or refer to the pertinent portion of its minutes on the subject. The letter to the Mayor should be delivered to the City Clerk on the Wednesday before the Council meeting.A presentation for commission should be made by a representative from the commission. A minority report may also be presented. Communications With Those Other Than the City Council The Council believes that there is some potential for misunderstanding regarding communications with persons and governmental units or agencies other than the City Council of Elk River. In order to prevent a misunderstanding,it is essential that members of commissions understand and observe appropriate policies and practices in this regard. The Council alone has the responsibility and authority to adopt the decisions,policies,and recommendations of the City of Elk River.The Council values the opinions and advice of its commissions and invites the communication of the same to the Council. The Council will take such opinions and advice into account in formulating the City's official position.Any such communication,which purports to, or has the effect of communicating an official City position or decision, should be submitted to the Council for prior approval. Other types of communications,which are purely informational and do not involve unresolved questions of City policy,may be disseminated without prior Council approval. This method of proceeding does not preclude a commission from gathering such information as may be pertinent to its activities. Commissions are free,without prior Council approval,to make inquiries and to give necessary background for such inquiries,but careful consideration must be given that these communications cannot be reasonably construed as statements of official City policy and opinion. Page 7 of 9 ELK RIVER BOARDS AND COMMISSIONS Board/Commission Term Length Residency Number Other Issues Requirement of Members Mayor/Council Jan 1—Dec 31 (4 yrs) Elk River Resident 1 mayor 4 council -Planning Commission Mar 1 —Feb 28 3yrs) Elk River Resident 7 members Parks and Recreation Mar 1—Feb 28 (3 yrs) Preference given to 7 members Commission city residents,but residency by itself shall not be a disqualification. Utilities Commission Mar 1 —Feb 28 3yrs) Elk River Resident 3 members 1 Councilmember Heritage Preservation Mar 1—Feb 28 (3 yrs) Elk River Resident 5-members 1 Sherburne County Commission Historical Society member if available Ice Arena Commission Mar 1 —Feb 28 (3 yrs) Preference given to 7 members 1 Youth Hockey city residents,but 1 School Dist. residency by itself 1 Park&Recreation shall not be a 1 Councilmember disqualification 2 Public 1 Elk River Skating Club Economic Development Jan 1—Dec 31 (6 yrs) Elk River Resident 7 members 4 Councilmembers Authority(EDA) Length of council term 3 Residents for Council/Mayor Housing and Jan 1—Dec 31 (5 yrs) Elk River Resident 5 members 1 Councilmember Redevelopment Length of council term 4 Residents -Authority HRA for Council/Mayor Library Board Jan 1—Dec 31 (3 yrs) Sherburne County 5 members 3 term maximum Resident 1 Member may be a member of the city council. Energy City Commission Mar 1—Feb 28(3 yrs) Residency not 11 1 Member from the City necessary. members Council/Economic Development Authority; 1 member from the Elk River Municipal Utilities;Up to 6 Members from energy related businesses as determined by the Council; 1 Member designated by a school located in Elk River;1 member from the ER Chamber of Commerce; 1 member from Elk River Landfill. Page 8 of 9 'R Laserfiche WebLink Laserfiche WebLink is a user-friendly public portal to Laserfiche. WebLink hosts city documents such as minutes, agendas, staff reports,resolutions, ordinances,planning items, etc.,in a Laserfiche repository to an intranet or the Internet in read-only form. How Do I Access Laserfiche? There are two ways to access Laserfiche. 1) Directly at http://web!-elkr.ci.elk-river.mn.us/webhnk8/Browse.aspx?dbid=l. 2) By visiting the city's website at www.ElkRiverA4N.gov. Hover over Government and Select Agendas, Packets and Minutes. From that page, select City Records Portal. This will bring you to the Laserfiche Weblink. Access City Council Staff Reports ■ Click- City Government folder ■ Click - City Council folder ■ Click - Council Agenda Packets folder ■ Click- Year you would like to access. ■ Scroll to the exact meeting date you are looking for and click on it. ■ All the documents for that meeting packet will be listed in the right window pane. ■ Click on the document you would like to open. They are listed by Item #. Item 3.0 typically is the agenda. The image format of the document will appear. Browse Tab-Click on this tab when you are in a document and you want to go back and open another document. Hit your browser's back button to return to the Browse screen in Weblink. --Laserfiche LEntire Repository Fvl Search MYWebLink Help About Logout WebLink° Browse Searah FlkRiver>City Government,City Counal>Council Agenda Packets,2011-2020 2611_202D Name - PagoG—t Template Namo Volume Name X2011 S Entry Properties 2012 Full Rath X2013 EIkRIveACHty GovernmentlClry CounciMoundl Agenda 3Entrlss Pflcketsl2011-2020 Creation Date 12!3012010 8.55 59 AM Last Modthed 51912013 3'04'45 FM A Metadala No Metadata Aezigned �men���mr�w,.e�fMu�n�wenua sz+�aasz<z __ N:APublic Bodies\Handbooks\Lo sezftche Weblink Instrucoons.docx Search Tab-An overview of this function and the numerous ways to use it are provided on the search page when you open it up. Below is a sample copy of what the search screen will look like along with an explanation of some features. Laserfiche Search .Pi WebLlnk Help Aeout Logout WebLii Browse Search Customize Sea,d1 a Solt results ey.Mrs Reeve nee l Date Modified l Date Created Enter search Results 1-20 of 22006 Near ncil 0 6.2.SR 06-20-2011 City Hall-475 page(.) Page Count 476-Template Name:City Hall-Volume Name:CITY HALL-1 Papel..IF.—1111.1ffR Ci C ouncil---N 11-111—f.IffTING—E PREPAREp 151 Cemmu... Pa¢e 1 April 18,2011 City Council meeting,the City C¢ancit dire&ed staff to begin r Pagetmeeting.the Chy council dlreda l staff t¢begin re—fir,prose drat,far.. Pans i..o re torthe Ca...lto h o tl a phblic h es ring to receive testimony end e... eget...useer pmd.If the Council determines not to revoke the ce hddie,ol use perm2... F+]Show more information... 0 6.2.PC SR 05-11-2010 City Hall-516 pages! Page Count 516-Template Name:City Hall-Volume Name:CITY HALL-1 Paas 1..ndal m the art Councit en whetnefte amens the e..t,h,conadienal use Pe... age=, process,the City Council adapted a resolution a n September 21,2009,making... Page 2...19,2010 the Cty Council adopted a resolution making F-iim,of Fact and 6e... �e 2...proved try the CM Council eh Febru.,16,2010.Copies of the staff report.I... Psoe2...ffreport,the Cl Council Resolution a ndthe existing CUP and SWFL,es amend... rl Show more inf—sti it 0 5.4.SR 05-17-2010 City Hall-622 pages) Page Count 622-Template Name:City'Hall-Volume Name:CITY HALL-1 P, 94.3­15 Pi irCouncil Envlr¢nmentslServices Indusirlel o-lscharge Permit... Pana 47 hn nnnnnenis n,th,rhmcit in s0nrtest nr fnlrin—rnndiPns whish—hit In Three image formats are available when viewing documents using the Laserfiche Weblink: 1) PDF Format PDF This is the best format to view and print documents, but it requires Adobe Acrobat Reader be installed on your computer. This is a free tool from Adobe and can be downloaded from www.adobe.com. To view and print: I. Click on the PDF icon PDF A window will open asking what page numbers to print. Choose the appropriate options and choose "Download & Print." 2. To print the entire document, or multiple pages, click the print button and choose the appropriate options. 3. The document will open in either Adobe Reader or Adobe Acrobat. Use those buttons to manipulate and print the document. The names of the buttons on the toolbar will be displayed as you place your cursor over them. Do Not Use The Internet Browser Toolbar at the Top of Your Computer for Printing.) N:APublic Bodies\Handbooks\Lase)-fiche Webhnk Instructions.docx Icon Definitions Previous Page I� Next Page PDF Download document and print to a PDF file Always use this button to print a readable copy of the document. Pan Zoom and Pan +J Zoom In Zoom Out © Fit Page u IA Fit Width Hit your browser's back button to exit the document and return to the Browse screen in Weblink. 2) Image Format (not recommended for printing) View Image(s) Allows you to view the document as an image. Each time you open a document in Weblink, your document opens on your screen as an image. If you print an image format of the document, your document will be fuzzy. 3) Text Format View Plain Text Allows you to view plain text only in order to copy and paste words only. Use this format if you wish to copy and paste text into another software program. The document can be printed in this view; however, there will be no formatting and it will look different from the original image. N:APublic Bodies\Handbooks\Laserfiche Webhnk Instructions.docx Understanding Basic Motions The basic element in parliamentary procedure is the MOTION. Robert's Rules lists and explains eighty-four motions. Instead of trying to learn all those motions it would be better to concentrate on thirteen frequently used motions. For some motions a second "modern" name appears in brackets in the listing below.You will find nine of these motions, listed in order of precedence, on this page and the other four motions,with no exact order of precedence, on the next page. Main Motion The motion used to bring items and ideas before the group for a decision. "I move that this organization assess each member one dollar at this meeting to be given to the City Clerk to pay for her dinner." Amend The motion used to produce wording changes in motions that have already been made and are on the floor. "I move to amend the main motion by striking the word "City Clerk" and inserting"a person from this group selected by a drawing." Commit [Refer to Committee] A motion used to send a motion to committee for study and a recommendation. "I move that the motion concerning collecting money from each member to pay for dinner be referred to the Finance Committee." Postpone to a Certain Time [Postpone Definitely] A motion used to delay action on a proposed motion until the next meeting. "I move to postpone action on the pending motion until our next meeting." Limit Debate The motion to place an exact limit on the amount of debate prior to taking a vote. "I move to limit the debate to three speeches for the motion and three speeches against the motion." Previous Question [Close Debate or Vote Immediately] The motion which closes all debate on the immediate pending question and brings the question to a vote. "I move to close debate." Lay on the Table [Postpone Temporarily] The motion to temporarily postpone a pending motion so that an emergency matter can be brought before the group. "I move to table the main motion concerning an assessment payment." Chair then asks, "What emergency is involved?" Recess The motion used to take a short break. "I move that we recess until 3:40 p.m." Adjourn The motion used to immediately terminate the meeting. "I move to adjourn." N:\Public Bodies\Handbooks\Understanding Basic Motions.doc The nine motions described on the previous page represent three classes of motions: MAIN (main); (SUBSIDIARY (amend, commit,postpone to a certain time, limit debate, previous question, lay on table);PRIVILEGED (recess, adjourn). These motions are in the order of their precedence with 1 (main) being the lowest and 9 (adjourn) being the highest. The last group of motions to be listed is classified as INCIDENTAL and will not be numbered because their precedence is different.An incidental motion is in order only when it is legitimately incidental to another pending motion, or when it is legitimately incidental in some other way to business at hand;it then takes precedence over any motions that are pending. Appeal A motion that allows you to get a vote by the members present on a decision made by the chair. "I appeal the decision of the chair in ruling the main motion for an assessment for the City Clerk out of order." Parliamentary Inquiry A request for information concerning parliamentary matters before the group. "Parliamentary Inquiry"—waits for recognition from the chair. "What method of voting does the chair propose to use on the pending question?" Point of Order A method for calling a possible error to the attention of the chair. "Point of Order" - waits for a response from the chair - "The motion to amend did not have a second." Definitions pertaining to motions: Pending Question The last motion made which means it is the motion on the floor at that moment. All Pending Questions All motions made at this meeting which have not yet been acted upon. Recognition The act of the chair in giving you the right to speak or to make a decision. Putting the Question The action of the chair in taking a vote on the motion which is pending. 2 OPEN MEETING LAW The open meeting law applies to "any committee, subcommittee, department,board, or commission" of the city.With certain statutory exceptions, all board and commission meetings must be open to the public. Meetings may be closed only if closure is expressly authorized by statute or permitted by the attorney-client privilege. A meeting is a gathering of a majority of the members of a board or commission at which official business is discussed. It is not necessary that action be taken for a gathering to constitute a meeting. Serial meetings between groups of less than a quorum that are used to deliberate matters in order to avoid open meeting law requirements may also be found to be a violation,depending on the facts in the case. To understand how a serial meeting occurs,imagine that board member A talks to board member B about a city issue,board member B talks to board member C about that issue, and C talks to A. Serial meetings can occur through written correspondence,telephone calls, email, or through social media. See the enclosed Guidelines for Electronic Communications Between Members of Council, Commissions and Boards for additional information. Scheduling of meetings with the staff liaison will help prevent conflict with other groups over meeting times when public participation is particularly desired and could help prevent open meeting law violations. Intentional violations subject an individual to personal liability in the form of a civil penalty up to $300. NAPublic Bodies\Handbooks\Open Meeting Law.doc Guidelines for Electronic Communications Between Members of Council, Commissions and Boards These guidelines apply to all members of the city council and all members of council and city committees, commissions, sub-committees, etc. in the City of Elk River. For purposes of these guidelines, reference to councilmembers includes members of all other city committees and groups subject to the Open Meeting Law. Reference to the council shall include all such groups and meetings. For purposes of these guidelines, "electronic means" means email,instant messaging, chatrooms, social media,microblogs and related electronic conversation. For purposes of these guidelines, "staff' means the administrator, city clerk, or his/her designee. These guidelines apply regardless of whether the councilmember is using a city-provided email address and account,his/her personal email address or account, or one provided by his/her employer; and to all social media accounts to which a councilmember posts. Meeting materials Electronic communication of meeting materials should generally be conducted in a one-way communication from a city staff person to the council. ■ Councilmembers may receive agenda materials,background information,and other meeting materials via email attachment or other electronic means (such as file sharing) from city staff. ■ If a councilmember has questions or comments about materials received, s/he should inquire via electronic means directly back to staff. A councilmember should not copy other committee members on his/her inquiry. ■ If the clarification is one of value to other councilmembers, staff may send follow-up materials or information to the council. Materials relating to agenda items of a meeting must also be made available to the public at the meeting. Communication during council meetings ■ Councilmembers should not communicate with one another via electronic means during a public meeting. ■ Councilmembers should not communicate with any member of city staff via electronic means during a public meeting. ■ Councilmembers should not communicate with the public via electronic means during a public meeting. Communication outside of council meetings ■ Councilmembers should generally act with caution when using electronic means to communicate with one another,being mindful of the Minnesota Open Meeting Law. Page 1 of 2 ■ If a councilmember wishes to share information with other members, s/he should do so through staff. The councilmember may request staff to distribute materials to others. The communication should not invite response to or discussion between any councilmembers,including replies to the person making the distribution request. This should be considered a method for providing one-way information to other members of the council. Again, remember that materials relating to agenda items for city business must be provided to the public at the meeting. ■ If a councilmember wishes to address only one other member through electronic means on any topic related to city business, s/he can do so directly but should be mindful of the following: o One-to one communication is ideal. o The recipient of an electronic message or inquiry should reply only to the sender, should not copy others on the reply, and should not forward the original communication to other councilmembers. o The sender of an electronic message should not forward or copy the recipient's reply to any other councilmember. o Neither the recipient nor sender should publish such correspondence on any blogs or other social media site unless it is part of an official communication of the whole of the Council, and part of the city-managed electronic communication strategy. ■ If a councilmember receives an electronic communication from any source related to city business and distributed to multiple councilmembers (i.e. an email sent to the entire council from a member of the public; or an email sent to three council members from a local business), s/he should reply only to the sender.The reply should not be copied to all the original distribution or forwarded to any other councilmember. ■ If a councilmember receives listsery distributions, electronic newsletters, or participates in electronic discussion forums, chatrooms, or on Facebook,Twitter or blogs where other councilmembers are also likely to participate,the councilmember should not reply to any distribution or comment so that the reply is copied to the entire distribution group, or any part of the group that might include other councilmembers. The councilmember should instead respond only to the sender of any message or inquiry. Classification and retention of electronic communications ■ Regardless of whether electronic communication by a councilmember is taking place on a city-provided computer, home computer or other computer system, classification of information as public,private or other is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chapt. 13) and should be treated accordingly. ■ Councilmembers should retain electronic communications in keeping with city policies and procedures,whether such communication takes place on a city-provided computer,home computer or other computer system. Page 2 of 2 N:\Public Bodie s\Handbooks\Electronic Communications.docx DATA PRACTICES LAW The Minnesota Government Data Practices Act (MGDPA) is a series of state laws that attempt to balance the public's right to know what their government is doing,individuals' right to privacy in government data created, and maintained about them, and the government's need to function responsibly and efficiently. The Data Practices Law governs all data maintained by a public entity. There are three classifications of data: 1. Public—Accessible to anyone; 2. Private/nonpublic—Accessible to the person who is the subject of the Data and to the governmental entity; and 3. Confidential/protected nonpublic—Accessible only to the governmental entity. The identity of individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real estate/real property is confidential data. Data pertaining to members of boards and commissions is publicgovernmental data.- 1. ata.1. Names of board and commission members are public. 2. Residential address. 3. Either a telephone number or electronic email address where the member can be reached, or both at the request of the appointee. Every city in Minnesota must comply with the MGDPA. Government data means all data collected, created,received,maintained, or disseminated by the city regardless of its physical form, storage media, or conditions of use. This includes data one receives or creates in the capacity of board member. The Act presumes that all government data are public and are accessible by the public for inspection and copying unless there is a federal law, state statute, or temporary classification of data that provides differently. Since the data a person collects, creates,receives,maintains, or disseminates in the capacity of board member is government data, a board member may wish to be careful about where the data is created, collected, etc. Government data can be easily, even accidentally, created at home or work that is both public and subject to a retention schedule and the board member may be required to produce the data if it is requested. Also,board members may wish to take care in what they say in their official capacity within emails or even text messages. There are significant civil penalties for willfully releasing private and confidential data and for willfully refusing to release public data. Review of the Gift Law By Susan Naughton ity officials are generally prohibited before whomthe recipient makes a from accepting-gifts,with some speech or answers questions as part limited exceptions.This article of a program. reviews the basic requirements of a Gifts given because of the recipient's what is commonly referred to as membership in a group,a majority of the"gift law"The gift law provides whose members are not local officials, that an interested person may not if an equivalent gift is given to the give a gift or request another to other members of the group. give a gift to a local official,and that the definition of an interested person a Gifts given by an interested person a local official may not accept a gift implies that the gift law covers local who is a member of the family of from an interested person. (Minn. officials who are authorized to make or the recipient,unless the gift is given Stat.§ 471.895.) recommend decisions that could impact on behalf of someone who is not a Definitions.An"interested person"is someone financially.As a result,the gift member of that family. a person,or a representative of a person law likely covers top appointed city a Gifts given by a national or multi- or association,with a direct financial employees,such as managers,admin- state organization of governmental interest in a decision the local official istrators,clerks,financial officers,and organizations or public officials (if a is authorized to make.The gift law does other department heads.Other covered majority of the dues to the organiza- not require that there be a specific employees could include inspectors and tion are paid from public funds) to decision involving the interested person employees who can make or recommend attendees at a conference sponsored pending at the time of the gift.As a purchasing decisions.Because of the by that organization,if the gift is food result,an interested person likely includes difficulty in determining who qualifies or beverage given at a reception or anyone that may at some time provide as a local official,it may be wise to take meal and an equivalent gift is given goods or services to the city,such as the most cautious approach and simply to all other attendees. engineers,attorneys,financial advisors, prohibit all city employees from accept- Gifts to cities.The gift law prohibits contractors,and sales representatives. ing gifts. gifts to city officials,not to cities.City In addition,virtually every resident of the Exceptions.There are some excep councils may accept gifts on behalf city might at some time have a direct tions to the gift law.The following of the city by adopting a resolution financial interest in a decision a city types of gifts are allowed: approved by a two-thirds majority vote official is authorized to make,such as the a Political contributions. of its members,expressing any condi- levying of property taxes,the spreading a Services to assist in the performance tions attached to the gift (Minn.Stat. of special assessments,the valuation of of official duties,such as providing § 5.03). property for tax purposes,the issuing of advice,consultation,information,and toiations, No criminal penalties are a license,the zoning of property,or the communication in connection with specified in the gift law.But violations granting of a land-use permit. legislation.,and services to constituen . of the gift law could trigger prosecutions A"gift"is money,real or personal a Services of insignificant monetary for acceptance of a bribe (a felony under property,a service,a loan,a forbearance value. Minn.Stat.S 609.42) or for misconduct or forgiveness of indebtedness,or a ■ A plaque or similar memento recog of a public official (a grass misdemeanor promise of future employment that is nizing individual services in a field under Minn.Stat.§ 609.43 and a mis- given and received without the giver of specialty or to a charitable cause. demeanor under Minn.Stat.§ 645.241). receiving consideration of equal or ■ A trinket or memento costing$5 or And even if prosecution is unlikely, greater value in return (Minn.Stat. less.(The$5 limit was added by the negative public opinion may result in 10A.071). 2005 Legislature.The exception voters voting violators of the gift law A"local official"is an elected or formerly allowed for a trinket or out of office at the next election.' appointed official of a city,or of an memento of"insignificant value.") agency,authority or instrumentality of a Informational material of unexcep-- a city.Therefore,the law applies to all tional value. Susan Naughton is research attorney mayors,councilmembers,and members a Food or beverage at a reception,meal with the League of Minnesota Cities. of appointed boards,commissions,and or meeting away from the recipient's Phone;(651)281-1232.E-mail: comunittees of the city.In addition, place of work by an organization snaughto@lmnc.org. AUGUST 2005 MINNESOTA CITIES 23 CONFLICT OF INTEREST Conflict of interest questions arise periodically and can become complex. Generally, a legal conflict of interest occurs when you,as a member of a commission, are slated to vote on a matter involving you and/or a business owned by you or a member of your family by blood or marriage.You could have a conflict of interest when the outcome could be economically advantageous to you, or to a member of your family, or to a business owned in whole or in part by you or a member of your family. In such cases,you have a responsibility to disclose this information to the commission you serve and abstain from any discussion and/or vote on this matter. In addition to the above-mentioned situations, all commission members must be aware of situations in which there is an appearance of conflict of interest. In some cases—such as an individual's alliance to an organization or group—a matter may be pending before the commission which will not benefit you or a family member,but may leave doubt as to that member's ability to make an objective determination. Although there may not be any legal preemption from voting under such circumstances, discretion should prevail. When these issues arise,discuss them with the staff liaison who,if necessary,will discuss with the City Attorney. If you are in doubt,the safest course of action is to abstain from participating in any discussions on that particular issue. Members of boards and commissions may not participate in matters in which they have a personal financial interest. Five factors determine whether there is a disqualifying interest. 1. The nature of a decision being made. 2. The nature of the financial interest. 3. The number of interested officials making the decision. 4. The need,if any, for the interested official to make the decision. 5. Other means available to review the decision to ensure that officials do not act in their own interest. Examples of personal financial interest are: 1. An official who owns property abutting a public street proposed to be vacated may not participate in the street vacation proceedings. 2. An official owning property across from a bar may not participate in a liquor license renewal decision for the bar. The following examples would NOT be considered conflict of interest situations: 1. An official is not disqualified from voting on a zoning ordinance change because the official's brother is employed by a corporation interested in the change. 2. A member of a planning commission who is a financially-contributing member of a church is not disqualified from voting on a variance application requested by the church. Page 1 of 2 3. An officer of a bank where zoning applicant did 90% of its business is not barred from participating in the decision where the applicant's pro)ect would be financed through another bank. When in doubt, check with the staff liaison. If a conflict of interest exists, disclose the interest as soon as possible. Don't participate in discussions leading up to the decision, don't attempt to influence other members regarding the decision, and don't vote or take any other official action relating to the decision. Consequences for violations of conflicts of interest could include misdemeanor, gross misdemeanor charges, and/or removal from the board/commission. (MN Statute 469.009, 469.098 and 471.87). Page 2 of 2