Loading...
HomeMy WebLinkAbout2009 02-23 City Council Manager Workshop Packet AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, February 23, 2009 Council Chambers, City Hall A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS E. NEW BUSINESS 1. Discussion on Process For Consideration Of Environmental and Natural Resources Commissioner Issues (Councilmember Nephew) 2. Discussion on Standards and Expectations of Board and Commission Members 3. 6:00 p.m. Declaration of Intent to Close Meeting a. Attorney Update On Maplewood v. Patricia Guerin (Wipers Recycling) F. ADJOURNMENT Work Session Agenda Item E1 ? E2 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Discussion on Process for Consideration of Environmental and Natural Resources Commissioner Issues (Councilmember Nephew) Discussion on Standards and Expectations of Board and Commission Members DATE: February 17, 2009 INTRODUCTION/SUMMARY The City Council will be conducting a discussion about the process to be used to consider issues with a member of the Environmental and Natural Resources Commission (ENRC). Councilmember Nephew has raised concerns with a member of the ENRC. In reviewing this issue with City Attorney Kantrud, the City does not have a process or standard procedures for the Council to consider issues with members of the Commission. All commissioners are appointed by the City Council to be advisory to the City Council. Staff liaison members are directed through the City Manager to support the various commissions and boards but the staff members do not and should not be involved in any issues involving the actions of the members of the Commission other than providing information and recommendations to assist the Commissions in their appointed tasks. Similarly, the Commission members are not employees of the City, therefore, they do not report nor are they responsible to the City Manager. All Board members and Commissioners serve at the appointment of the City Council. Attached is a policy adopted by the City Council in May 2004. The fifth paragraph indicates that a Council ??may remove a commissioner from their board for unethical behavior or other misconduct.? While this statement provides the Council a policy that removal will be considered, there is no policy on the procedure for considering issues or concerns. It is suggested that the City Council review as part of these agenda items: 1. What process should the Council establish for considering issues with Commission members. a. Should notice to the Commissioner of issues be provided in advance? b. Who should bring the matter forward? c. What specific issues should be conveyed to the Commission members to help guide the Commission members on items the Council would define as ?unethical behavior or other misconduct? d. Should a hearing be conducted by the City Council? i. Should this hearing be closed unless expressly requested by the Commissioner being reviewed? ii. Should the hearing be held prior to the regular meeting and then action scheduled for the regular meeting? [No discussion is recommended, at this meeting, on the matter brought forward by Mr. Nephew] 2. What standards and expectations of behavior and approach does the Council wish to convey to the Commission members? RECOMMENDATION It is recommended that the City Council provide direction to the City Attorney and HR Attorney to develop a policy on consideration of issues as well as direction on standards and expectations. Attachment: Advisory Board/Commission Appointment Policy Environmental and Natural Resources Commission Ordinance CITY OF MAPLEWOOD ADVISORY BOARD/COMMISSION APPOINTMENT POLICY The City Council will hold interviews for the commission vacancies and will make appointments. The City Council will accept prepared questions from the advisory boards to use during the interview process if provided by the appropriate board. The Chair or designee of each commission will attend the interview session and should provide input to the City Council. The chair or designee will not have a vote in the process. The City Council will not impose term limits. However, they will make appointments or re-appointments through an open or community wide process. When a term ends every commissioner seeking re- appointment will re-apply and possibly interview again with the City Council and any other candidates (if there are others). The Council will then have 3 options: re-appoint the existing commissioner, appoint a new person to a new term, or leave the position open to fill in at a later date. The City Council will establish a contact with each advisory board or commission. The Council will make the appointments among themselves at a city council meeting (generally, the first or second meeting of the year). The term of the contact appointment will be for one year or another mutually agreed upon timeframe. The City Council may remove any commissioner from their board for unethical behavior or other misconduct. Excessive absences from meetings during a year will result in an automatic resignation. Each commission will have the chair or other member attend city council meetings to present reports on topics/actions taken at commission meetings. This is currently done by the CDRB and PC and will now be extended to other commissions. Adopted May.04 ORDINANCE NO. 872 DIVISION 4. ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Sec. 18.180. Established The city council establishes for the city an environmental and natural resources commission as an advisory board to the city council, as provided in Minn. Stats. §§ 462.351-462.365. (Code 1982, § 25-17) Sec. 18-181. Advisory body; exceptions All actions of the advisory environmental and natural resources commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except as the council may lawfully delegate authority to it. (Code 1982, § 25-18) State law reference - City environmental and natural resources agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. § 462.354, subd. 1. Sec. 18.182. Composition; appointment; qualifications; terms (a) The environmental and natural resources commission shall have seven members appointed by the council. The members shall be residents of the city and may not hold an elected city public office. When possible, the council shall select commission members to represent the various areas of the city and to help meet the needs of the residents. (b) The city council shall appoint members of the environmental and natural resources commission for three-year terms. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part of the vacated terms. (Code 1982, § 25-19) Sec. 18.183. Chairperson and vice-chairperson. The environmental and natural resources commission shall elect a chairperson and a vice-chairperson at the first environmental and natural resources commission meeting in January each year. The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. If the chairperson is not at a meeting, the vice-chairperson shall assume the duties of the chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on the environmental and natural resources commission, the vice-chairperson shall become the acting chairperson until the environmental and natural resources commission can hold an election for new officers. (Code 1982 § 25-20) Sec. 18.184. Vacancies. (a) Any of the following may cause the office of an environmental and natural resources commissioner to become vacated: (1) Death or removal from the city (2) Disability or failure to serve, as shown by failure to attend three meetings in any year, may be cause for removal by council majority, unless good cause can be shown to the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1982, § 25-21) Sec. 18.185. Officers; meetings; rules of procedure. (a) The environmental and natural resources commission shall elect its own officers, establish meeting times, and adopt its own rules of procedure to be reviewed and approved by the city council. (b) All meetings of the environmental and natural resources commission shall be open to the public and published on the city?s website. (Code 1982, § 25-22) Sec. 18.186. Duties and responsibilities . In order to protect, preserve and enhance the environment of the City of Maplewood, the Environmental and Natural Resources Commission will: (1) Establish environmental priorities for the city in partnership with the City Council. (2) Recommend to the Community Design Review Board, Planning Commission and City Council changes necessary to existing policies, operating procedures and ordinances that control, protect, preserve and enhance the city?s environmental assets. (3) Recommend to the Community Design Review Board, Planning Commission and City Council new policies, operating procedures and ordinances that control, protect, preserve and enhance the city?s environmental assets. (4) Actively participate in and support the mission and goals of the Maplewood Nature Center and Neighborhood Preserves by promoting environmental awareness through educational programs, communications and co-sponsored activities. (5) Pro-actively promote greater use and appreciations of the city?s environmental assets. (6) Review the role of other city groups and how they might assist, support and advise the Environmental and Natural Resources Commission. (7) Sponsor environmental projects to enhance, repair, replace or restore neglected or deteriorating environmental assets of the city. (8) Develop educational programs and materials that foster the mission to the Environmental and Natural Resources Commission. (9) Develop and promote the use of ?sustainable practices? for city policies and procedures. (Code 1982, § 25-23) Sec. 18.187. Compensation; expenses. All members of the environmental and natural resources commission shall serve without compensation. However, approved expenses of the environmental and natural resources commission shall be paid from available city funds. Sec. 18.188. Responsibilities of the Environmental Manager. Subject to the direction of the city manager, the environmental and natural resources commission and its chairperson, the environmental manager who reports to the city engineer shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the commission?s proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. (Code 1982, § 25-25) Sec. 18.189. Duties of city engineer, city attorney and other city employees. (a) The city engineer and the city attorney shall be available to the environmental and natural resources commission. The city engineer and attorney shall have the right to sit in with the commission at all meetings, but shall not be entitled to vote as members of the commission. (b) All city engineering department employees and other regular employees or personnel of the city shall cooperate with the environmental and natural resources commission and make them self available and attend meetings when requested to do so. (Code 1982, § 25-26) This ordinance shall be effective on October 1, 2006. Passed by the Maplewood City Council on September 11, 2006. Ayes - All Work Session Agenda Item E3 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Attorney Update - Patricia M. Gearin (Wipers Recycling) v. Maplewood DATE: February 17, 2009 INTRODUCTION/SUMMARY The Attorney representing Maplewood for the legal claims against the City on the Patricia M. Gearin lawsuit will be addressing the City Council in a session that is proposed to be closed to protect the attorney ? client privilege in an on-going litigation matter. Attorney Robin Wolpert of Greene Espel P.L.L.P. will be updating the City Council on this matter. RECOMMENDATION It is recommended that the City Council conduct a closed session on this matter. Work Session Agenda Item E4 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Discussion with HR Attorney on Employment Contract for James Antonen DATE: February 18, 2009 INTRODUCTION/SUMMARY The City Council will be meeting with HR Attorney Chuck Bethel to discuss final contract negotiations with James Antonen on a labor contract with the newly selected City Manager candidate. It appears that no major issues remaining; however, Mr. Bethel requests a few minutes to update the Council on final contract language. RECOMMENDATION Review of negotiations with Mr. Antonen for the City Manager?s contract will be discussed with Mr. Bethel. No formal action is required at this action item. Attachments: Employment Contract with James Antonen (under separate cover; Attorney-Client Protected)