The URL can be used to link to this page

Home My WebLink About2014 07-14 City Council Workshop PacketAGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, July 14, 2014 City Hall, Council Chambers A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Public Art Discussion 2. Discussion and Review of City-Owned Parcels Currently for Sale 3. Presentation on Conducting City Business for City Council F. ADJOURNMENT THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager SUBJECT: Public Art Discussion DATE: July 14, 2014 Introduction Lil Leatham, Project Manager with the Hoisington Koegler Group (HKGi) will update the Council on the development of Maplewood’s Parks Master Plan addressing the following items: 1. Park plan purpose and process; 2. Needs summary; 3. Draft principles; 4. Next steps At the conclusion of Ms. Leatham’s presentation, Jack Becker, Executive Director of Forecast Public Art will discuss the importance of integrating public art throughout the city. Recommendation This discussion is for information purposes and no formal recommendation is required. E1 Workshop Packet Page Number 1 of 26 E2 MEMORANDUM TO: Melinda Coleman, Interim City Manager FROM: Andy Welti, Intern Michael Martin, AICP, Planner DATE: July 7, 2014 SUBJECT: Discussion and Review of City-Owned Parcel Currently for Sale Introduction Staff is proposing to hold neighborhood meetings for three of the properties the city is currently marketing for sale, informing area property of potential uses of the properties and to seek input and hear any concerns. After the neighborhood meetings, staff will initiate the public process to amend the city comprehensive plan and zoning map as required readying the properties for development. By hosting neighborhood meetings and getting the properties guided and zoned correctly it is the staff’s goal to make the properties as shovel ready as possible minimizing the burden a new property owner may have in developing the properties. Discussion The city is selling two former fire station properties located at 2001 McMenemy Street - currently zoned farm; and 2501 Londin Lane - currently zoned farm. Both these properties are guided in the comprehensive plan as government. Both the comprehensive plan guide and zoning for the two properties need to be amended to be consistent with the surrounding neighborhoods and to ready the properties for redevelopment. In addition, a vacant property located at the southeast corner of Van Dyke Street and Castle Avenue is for sale. This property is guided and zoned for single family development. Staff will be recommending this property by guided and zoned for commercial uses, consistent with the properties to the west. For the neighborhood meetings, staff will invite properties within 500 feet – the same distance used for public hearing and other notification procedures. Meetings will be scheduled for August and September. Staff will work to inform the neighborhood residents why the properties are available and the potential uses the city would permit. Any needed requests made for comprehensive plan and zoning map amendments will require additional notifications for public hearings as stipulated by the city’s ordinances. Recommendation None. Recommendation No action required. Workshop Packet Page Number 2 of 26 E2 Attachments 1. Map of 2001 McMenemy Street 2. Map of 2501 Londin Lane 3. Map of Vacant Lot, Castle Avenue and Van Dyke Street Workshop Packet Page Number 3 of 26 E2, Attachment 1Workshop Packet Page Number 4 of 26 E2, Attachment 2Workshop Packet Page Number 5 of 26 E2, Attachment 3Workshop Packet Page Number 6 of 26 E3 MEMORANDUM To: City Council From: Interim City Manager Coleman Date: July 9, 2014 Re: Presentation on Conducting City Business for City Council Introduction Interim City Manager Coleman and Citizen Services Director Guilfoile have been making a presentation on Public Official Conduct and the Open Meeting Law to all of the City Commissions and Boards so that all elected and appointed individuals are aware of the laws that govern your positions. The following items will be covered in your presentation: • Conflict of Interest • Meetings • Data Practices Act • Public Hearings • Difficult Constituents • Social Media Workshop Packet Page Number 7 of 26 E3, Attachment 1 Public Official Conduct dGuide Review of Six Areas of Interest AGENDA ITEMS •Conflict of Interest Mi•Meetings •Data Practices Act •Public Hearings •Difficult Constituents •Social Media Workshop Packet Page Number 8 of 26 E3, Attachment 1 •You can not have a direct or indirect personal fi i l it ti hi h Conflicts of Interest or financial interest in any manner upon which you have the authority to make a decision •Any contract made in violation of the conflict of interest law is VOID Conflicts of Interest •What does that really mean? –The Council cannot enter into a contract where one member has a conflict of interest –Unless •The Council member has no ownership in the company •The Council member is not an officer or a director •The Council member does not receive commissions or bonuses •The Council member will not supervise the contract Workshop Packet Page Number 9 of 26 E3, Attachment 1 Conflicts of Interest •Council member with a conflict of interest in ttlti b di lifi dnon‐contractual actions may be disqualified from voting but Council may still take action. •Steps for conflicted Council member in a non‐ contractual action: –Disclose the conflictDisclose the conflict –Do not participate in the discussion or the vote –Leave the room The Gift Law •Local Officials cannot accept gifts from interested persons. Workshop Packet Page Number 10 of 26 E3, Attachment 1 The Gift Law •Local Official= City elected or appointed ffi (b d dfiiti ld ildCitofficer (broad definition could include City employees) •Gift= money, personal property, real property, service, loan, forgiveness of debt •Interested Person=Anyone living or doingInterested Person= Anyone living or doing business in the City who is or could be impacted by a decision The Gift Law •Examples –Attending a neighborhood barbeque •Bring a dish to share –Invitation to attend a charity luncheon for free •Make a presentation, answer questions or pay for the meal Workshop Packet Page Number 11 of 26 E3, Attachment 1 The Gift Law •Exceptions: –Campaign contributions –Plaque –Trinket or item costing $5 or less –Food or beverage at a reception or meeting where the local official is giving a speech or answering ggp g questions –Gifts between family members Open Meeting Law •General Rule (Minn. Statute 13D.01): All i h bli•All meetings are open to the public •Inside the room meetings •Outside the room meetings Workshop Packet Page Number 12 of 26 E3, Attachment 1 Inside the Room Meetings •Notice of date, time, location, agenda is tdposted •If Public Hearing, notice is published in the paper and for zoning matters, property owners with 500 feet are mailed notice •If Special Meeting 3 days notice in requiredIf Special Meeting, 3 days notice in required Outside the Room Meetings •“Meeting” (Not defined in the Open Meeting l)law) •Defined in case law: –A quorum of the body; –Discusses, decides, or receives information as a group; andgp; –Information is related to official business Workshop Packet Page Number 13 of 26 E3, Attachment 1 Open Meeting Law •Email –Too many members involved results in a quorum –Message is received by the group; –Message contains information related to official business. Open Meeting Law •“Meeting” –A quorum of the body –Discusses, decides, or receives information as a group; and –Information is related to official businessInformation is related to official business Workshop Packet Page Number 14 of 26 E3, Attachment 1 Open Meeting Law •Lessons learned: –Email should be used as follows: •To receive information from the City (one way communication) •Or •Between 2 members of the Council only, without forwarding or copying other members of the Councilforwarding or copying other members of the Council Open Meeting Law •Penalties –$300 for each occurrence and Attorney’s fees (up to $13,000) –Removal from office for 3 or more violations Workshop Packet Page Number 15 of 26 E3, Attachment 1 •Minn. Statute Chapter 13 Data Practices Act •General Rule: –All data is public unless it fits under an exception Data Practices Act •Data= All data collected, created, received, iti d di i t d b th Citmaintained or disseminated by the City, regardless of its physical form, storage media or conditions of use that are considered public in MN State Statute 13 and 13 D Workshop Packet Page Number 16 of 26 E3, Attachment 1 Data Practices Act •All cities are required to have a Responsible Ath it d Cli Offi tAuthority and a Compliance Officer to Administer the Act. •When someone asks you for data, refer all people to the Responsible Authority (City Clerk)) •Do not provide the data yourself. Data Practices Act •Property Complaint Data is protected non‐ bli dtpublic data •Personnel data –Most personnel data in non‐public data and is only available to those who need to have access –Law Enforcement Data •Very factually‐dependent based on the information contained in police reports Workshop Packet Page Number 17 of 26 E3, Attachment 1 Public Hearings •What kinds of Matters Require Public Hi?Hearings? –Most planning applications –Ordering a public improvement project –Adopting Assessments –Liquor licensesLiquor licenses Public Hearings •Why is a Public Hearing Important? –Due Process: •Notice •Testimony •The Record Workshop Packet Page Number 18 of 26 E3, Attachment 1 Public Hearings •Why is Due Process important? h–14th Amendment to the US Constitution –Article 1 Section 7 of the MN Constitution –Gives people an opportunity to present their case when a property interest is at stake Public Hearings •Lessons Learned: –You can not make up your mind prior to the public hearing (you must be open to the evidence presented at the public hearing –You can not advocate for or against a matter for which there will be a public hearing –You must remain an impartial decision‐maker Workshop Packet Page Number 19 of 26 E3, Attachment 1 Social Media •Dangers of Facebook –OML Violations –Data Practices Act –Public Hearing violations –Promises, admissions made in a public forum Social Media •You are violating the OML on Facebook if: –You are “friends” on FB with a quorum of City Council members And 3 of you discuss, post or opine about official business that has come or may come before the Council for a decision Workshop Packet Page Number 20 of 26 E3, Attachment 1 Social Media •Q: What if I just want to agree with something l td th i FB ?someone else posted on their FB page? •A: Any response may violate the OML because you do not know how many other Council members are reading the post. One response is probably ok. Two responses is likely a py p y violation. Social Media •Reasons not to be the first to announce if ti t th bliinformation to the public: –You might be wrong (or not exactly right) –If the matter is pending, you cannot speak on behalf of the Council. (i.e. “Don’t worry. Your application is a slam dunk.”) As one member, you have no power. Together , you have all the power. Workshop Packet Page Number 21 of 26 E3, Attachment 1 Social Media •More reasons not to be the first to announce if ti t th bliinformation to the public; •Plans change •It might not be “public” yet and the announcement might be harmful to negotiationsnegotiations Social Media •Everything you post of FB is subject to DPA –OML violations –Admissions of “mistakes by City or staff –Promises to “fix” situations –Advocating for or against a pending application •Everything you say can and will be usedEverything you say can and will be used against you in a court of law Workshop Packet Page Number 22 of 26 E3, Attachment 1 Difficult Constituents •Nuisances –Animals –Noise –Odors –Snowplowing Difficult Constituents •Problem Properties –Vacant Buildings –Weeds –Trash –Excess Vehicles –JunkJunk Workshop Packet Page Number 23 of 26 E3, Attachment 1 Difficult Constituents •Taxes –Street Improvements –Street Assessments –Public Facilities (Ice arena, Public Pool, Community Center, Parks) Difficult Constituents •How to Address the Public’s Concerns •1. Is this a public or private problem? –If private, then not a City Problem (trees, boundary lines) –If public, then go to # 2 Workshop Packet Page Number 24 of 26 E3, Attachment 1 Difficult Constituents •2. Identify the area of concern by Department bl f ( l ff f )–Public Safety ( criminal, traffic, fire, EMS) –Public Works (streets, sidewalks, sewer/water) –EEDD (neighborhood, land use, planning applications, building permits) –Finance (assessments, budgets) –Park and Recreation (playgrounds ball fields MCC)Park and Recreation (playgrounds, ball fields, MCC) •3. Refer them to appropriate Dept or City Manager Difficult Constituents •General Rules: –City Manager is the default depository for all complaints –Do not try to solve the problem yourself –There are 2 sides to every story –Sometimes people are just nosy but don’t really pp j y y need to know Workshop Packet Page Number 25 of 26 E3, Attachment 1 •QUESTIONS? Workshop Packet Page Number 26 of 26