5.4. SR 07-11-2005
Item # 5.4.
MEMORANDUM
TO: Mayor and City Council
FROM: Joan Schmidt, City Clerk
DATE: July II, 2005
SUBJECT: Advisory Board and Commission Policy
At the council meeting of February 14, 2005, it was decided to bring back to a work session
the discussion of:
~ Whether the Council wishes to interview for appointments and/or reappointments;
~ Term limits.
I have attached a copy of the minutes from that meeting as well as the Advisory Board and
Commission Policy. Since we now have the Energy City Commission, I have put updates to
this policy in blue highlight.
I also ask that the Council set the date of the annual goal-setting worksession with boards
and commissions. This was received well last year and was held on October 11. A copy of
minutes of the Joint Meeting is also attached.
S:\Council\Joan\Council Issues\RFCA Boards Commissions 7-11-0S.doc
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City Council Minutes
February 14, 2005
Page 6
Councilmember Farber asked if the position description was ftnal and was concerned with
the minimum qualiftcations.
City Administrator Klaers will check the minutes to see if both the salary range and the job
description were approved in November. Lori Johnson will review the other job
descriptions for other cities to look at their language. She will make sure our job description
for this position is similar to minimum qualiftcations acceptable in other communities.
Council would like to have the consultant visit with them and inquire as to what their
expectations of this candidate are prior to the start of this process.
7. Other Business
City Administrator Klaers distributed the city budget to the Councilmembers.
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City Administrator Klaers acknowledged that since we do not have any new commission
members that we would forgo the 2005 orientation for new board and commission
members.
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I
Mayor Klinzing mentioned that at the Mayor's meeting someone had brought up the
question of why Council is not interviewing for reappointments. She stated that she would
like for us to be consistent in how we select the board and commission members and to set
policy accordingly.
Councilmember Farber stated that by interviewing all the people it gives the
Councilmembers an opportunity to get to know these members. He also stated that he felt
that without interviewing we discourage people from applying.
Mayor Klinzing also stated that another issue to consider would be term limits.
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It was the consensus of Council to bring this item back for further discussion at a work
seSSion.
Councilmember Dietz asked if the City Administrator is aware of rumors regarding the Elk
River Country Club. It is rumored that someone would like to build townhouses in that
area, and if that option fails, they would like to buy the Country Club.
City Administrator Klaers stated that he is aware of this rilmor and he has spoken to
members of the golf course board. The Board has been told that the city is willing to
continue discussions with them as needed.
8. Staff Updates
9. Adjournment
There being no further business, Mayor Klinzing adjourned the meeting of the Elk River
City Council at 9:18 p.m.
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SPECIAL MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE LIONS PARK CENTER
OOINT MEETING WITH THE BOARDS AND COMMISSIONS)
MONDAY, OCTOBER II, 2004
Members Present:
Members Absent:
Staff Present
EDA Members:
Heritage Preservation
Members Present:
HRA Authority:
Ice Arena Commission
Members Present:
Library Board
Members Present:
Parks and Recreation
Members Present:
Planning Commission
Members Present:
Utilities Commission
Members Present:
Mayor Klinzing, Councilmembers Dietz, Kuester, Tveite, and Morin
None
City Administrator Pat Klaers, Director of Planning Michele McPherson,
Director of Economic Development Cathy Mehelich, Director of Building
and Environment Steve Rohlf, Director of Parks and Recreation Bill
Maertz, Utilities General Manager Bryan Adams, Librarian Mick Stoffers,
and City Clerk Joan Schmidt
Pat Dwyer, Jeff Gongell, and Larry Koenig
Lance Lindberg, Jeff Gongoll, Pat Dwyer, and Cynthia Olson
Jean Lieser and Larry Toth
Dave Halgren, Ronald Johnson and Dale Marrin
Leslie Anderson, Michael Hangaard, Allison Olson, Anne Schroeder, and
Karen Stelk
Dave Anderson, John Kuester, James Nystrom,
Duane Peterson, and Dawn Polston-Hork
Dana Anderson, Pete Lemke, Leo Offerman, Howard Ropp, Kevin Scott,
and Matthew Westgaard
Jerome Takle and Jim Tral1e
1. Call Meeting-To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 7:00 p.m. by Mayor Klinzing.
2. Goal Setting Worksession with Boards and Commissions
Mayor Klinzing introduced the council and herself and thanked the board and commission
members for attending this joint meeting. She stated that the council is interested in hearing
the goals, hopes and desires of the groups as well as commission members also are
interested in this exchange of ideas. She stated that council has heard that it is felt that the
council doesn't communicate as much as they should and she stated that the council felt this
City Council :Minutes
October 11, 2004
-
----------------...---------
Page 2
joint meeting would help. She stated that each board and commission has also recently had
a council liaison appointed, which also will help with communication with the council. She
stated that quite possibly a list will come out of this meeting of items that may need to be
talked about again. She assured the members that they could leave this meeting knowing
that they were heard and tllat there will be follow-up by the council.
Each board and commission member was introduced and the Chair of each board or
commission shared their goals. An open questions/answer session followed the
presentation of each group's goals.
Goals identified by the Planning Commission:
.
Insufficient transportation for infrastructure - need to establish traffic patterns,
identify corridors and secure them -- ask MnDOT to give more specifics regarding
future highway improvements;
Lack of available retail office commercial space (land that could be developed now);
Need for citywide trail system for hiking and biking (believes Riverfront could be a
great asset).
.
.
Goals identified by the Parks and Recreation Commission:
.
Need to update current Master Plan and take the Natural Resources Inventory and
move to identify lands, etc. for protecting and acquiring;
Use the Natural Resources Inventory to develop a strategy for future development,
and work with the Planning Commission and City Council to implement it __
development of trails;
Develop a comprehensive CIP plan that goes out 5-10 years;
Show the public that park development is worth supporting by [!nishing off what
has been started and making it showcase worthy.
.
.
.
Goals identified by the Economic Development Authority (EDA):
.
Industrial Development - promote Elk River as the Light Industrial Hub of the
Northwest Metro; provide financing options and site options for industrial
businesses;
Transportation - Advocate and support proactive planning for improvements to
the local and area transportation system;
Commercial Development - Encourage desired commercial development in
identified areas;
Central Business District (CBD) - improve viability.
.
.
.
Goals identified by the Heritage Preservation Commission:
· Educate citizens of Elk River with respect to the historic and architectural heritage
of the city via written/ oral history (especially urgent is the oral history);
· Conduct a continuing survey of all historic areas, places, buildings, structures, or
similar objects in the City (i.e., the recent archaeological survey);
· Find incentives to encourage property owners to voluntarily create a historic
district;
· Identify potential land acquisition(s) of a property with local historical or cultural
importance.
City Council Minutes
October 11, 2004
-------------...--....--------
Page 3
Goals identified by the Ice Arena Commission:
.
To oversee management of the Ice Arena facility by making recommendations to
the Elk River City Council regarding setting policies and procedures on facility use
and rental, setting of policies for ice rental rates, establishment of priorities of ice
rental to customers, and marketing of the space for rent for various activities;
Identify ways to increase revenue on the use of the facility for rental of space for
dry land activities as well as increasing the usage of the ice over non peak hours;
Assist in resolving any potential conflicts in use and priorities of use of the facility;
Support the November bond referendum for the School District.
.
.
.
Goals identified by the Municipal Utilities Commission:
.
Reliability and preparedness for future growth in the Elk River area;
Secure contracts with power suppliers;
Ongoing training for employees;
Cooperate with city, state, and county departments;
Coordinate and cooperate with neighboring utilities.
.
.
.
.
Mayor Klinzing thanked the group for their involvement and support in conservation
programs and renewable resources. She stated that Energy City could put Elk River on the
map nationally.
Goals identified by the Library Board:
.
Start project proposal to expand the facility;
Play Advocacy Role -- Continue to educate public in use of library and importance
of library.
.
Goals identified by the Housing & Redevelopment Authority (HRA):
.
Implementation of the Downtown Revitalization Project with MetroPlains
Development;
Completion of the Downtown North of Highway 10 Visioning Plan;
Continue to monitor the housing needs of the City;
Transportation...,. Be proactive in east/west corridor development.
.
.
.
Mayor Klinzing thanked everyone for his or her input and for coming. She stated that she
would like to continue these meetings and encouraged the members to talk within their
groups as to how the members felt on having these types of joint meetings in the future.
She wanted them to discuss if they felt it added value. The Mayor also encouraged the
groups to discuss "cross over" goals that they have in common with other groups.
TIle meeting recessed. at 8:30 p.m. and reconvened at 8:40 p.m.
3. Council Open Forum
City Administrator Klaers stated that the council had received a memo from Fire Chief\Vest
regarding the purchase of a vehicle to be used for emergency response, equipment, and
Adopted by the Council on August 2, 2004
DRAFT CHANGES June 2005
ADVISORY BOARD AND COMMISSION POLICY
Document Purpose
The Council is direcdy 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 Mayor and 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
frequendy 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 four standing advisory commissions. They are:
Heritage Preservation Commission
Ice Arena Commission
Parks and Recreation Commission
Planning Commission
Energy Ciry Commission.
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 (BRA) 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
1. 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. Board and commission expirations and vacancies will be
advertised in the Elk River Star News, "The Current" newsletter, and the city web
page.
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3. Appointments. The Council will review all applications and make all board and
Commission appointments. Applicants will be interviewed by the City Council, if
the Council so desires, however, the Council has the option to make board and
commission appointments and/or reappointments without conducting interviews.
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 begjrlning in March. Planning Commission, Parks and Recreation
Commission, Utilities Commission, Heritage Preservation Commission, the Ice
Arena Commission, and the Enet;gy 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 begjrlning 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, Ice Arena
Commission, and Heritage Preservation 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. Resident)! is
not a requirement to be a member if the Ener;gy 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.
11. 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,
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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. Commission members are asked to regularly attend all meetings. A
standard commission attendance form shall be used by all commissions for the
commission secretary to record attendance. The Chair or their designee shall
forward the attendance record to the City Council at the end of June and December
for the Council's review of the attendance of members of city commissions.
Excessive absenteeism, excluding illness or necessary travel, is cause for removal of a
commission member. Three unexcused absences within a calendar year will be
considered as a resignation from the commission. Commission members should
notify the staff liaison or Chair of planned absences prior to the meeting missed.
16. 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.
17. 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.
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18. 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.
19. 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)
20. Work Sessions. The Mayor and Council will 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.
21. 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.
22. 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.
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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
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.
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ELK RIVER BOARDS AND COMMISSIONS
Mayor/ Council
Plannin Commission
Parks and Recreation
Commission
Utilities Commission
Heritage Preservation
Commission
Ice Arena Commission
Economic Development
Authority (EDA)
Housing and
Redevelopment
Authori BRA
Library Board
Energy City Commission
Jan 1 - Dedi (4 yrs)
Mar 1 - Feb 28 3 rs
Mar 1 - Feb 28 (3 yrs)
Mar 1 - Feb 28
Mar 1 - Feb 28
Mar 1 - Feb 28 (3 yrs)
Jan 1 - Dec 31 (6 yrs)
Length of council term
for Council/Ma or
Jan 1 - Dedi (5 yrs)
Length of council term
for Council/Ma or
Jan 1 - Dec 31 (3 yrs)
Mar 1 - Feb 28 (3 yrs)
Elk River Resident
Elk River Resident
Preference given to
city residents, but
residency by itself
shall not be a
dis ualification.
Elk River Resident
Preference given to
city residents, but
residency by itself
shall not be a
dis ualifica tion.
Preference given to
city residents, but
residency by itself
shall not be a
dis ualification
Elk River Resident
Elk River Resident
Sherburne County
Resident
Residency not
necessary.
1 mayor
4 council
7 members
7 members
3 members
7 members
7 members
7 members
5 members
5 members
15 members
1 Councilmember
1 Sherburne County
Historical Society
member if available
2 Youth Hockey
1 School Dist.
1 Park & Recreation
1 Councilmember
2 Public
1 Mayor
3 Councilmembers
3 Residents
1 Councilmember
4 Residents
3 term maximum
1 Member may be a
member of the city
council.
1 Member from the
City Council; 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 ISD
728; 1 Member
designated by
Sherburne Cty Brd of
Commissioners; 1
member from the
EDA; 1 member from
the ER Chamber of
Commerce; 1 member
from Suburban NW
Builders 1\SSOC.; 1
member from Elk
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S: \CLERK\.BOARDCOM\Application and Descriptions \Appointment PolicyADOPTED.DOC
* THE PURPOSE OF THIS POLICY IS TO DEVELOP CONSISTENCY IN THE
APPOINTMENT OF BOARD AND COMMISSION MEMBERS AND TO KEEP
THE DOOR OPEN TO NEW APPLICANTS.
August 2004; revised June 2005
River Landfill; 1
member from an
environmental group.
This Commission will
expire on 12/31/2010
unless upon
evaluation the Elk
River City Council
decides to maintain.
8