HomeMy WebLinkAbout2009-02-03 ENR Minutes
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION MEETING MINUTES
February 3, 2009
515 p.m.
COUNCIL CHAMBERS - MAPLEWOOD CITY HALL
1830 COUNTY ROAD BEAST
1. CALL TO ORDER The meeting was called to order at 530 p.m.
2. ROLL CALL
Present
Chair Carol Mason Sherrill
Commissioner Judith Johannessen
Commissioner Frederica Musgrave (Arrived at 530)
Commissioner Dale Trippler
Absent
Commissioner Bill Schreiner
Commissioner Carole Lynne
Commissioner Ginny Yingling
Staff Present
DuWayne Konewko, Community Development and Parks Director
Shann Finwall, Environmental Planner
Alan Kantrud, City Attorney
3. APPROVAL OF AGENDA
Commissioner Musgrave requested that Legal Issues and Protocol be added under Commissioner
Presentations. Planner Finwall requested that four items be added under Staff Presentations including the
Wetland Ordinance Update, Park Commission Dog Park Subcommittee, Wind Turbine Ordinance Update,
and Environmental and Natural Resources Commission calendar. Commissioner Musgrave made a motion
to approve the agenda as amended, seconded by Commissioner Trippler. The motion carried by a
unanimous vote.
4. APPROVAL OF MINUTES
Chair Mason Sherrill stated there were no minutes to approve.
1
5. CITY ATTORNEY UPDATE - OPEN MEETING LAW
Attorney Alan Kantrud was introduced to take questions and comments regarding the Minnesota open
meeting law He explained that the law was passed in Minnesota to bring transparency to government
meetings. He said standing committees of the city council are subject to the law, and compliance is made
by conducting deliberations and votes in an open forum, informing the public when the meetings are held,
and having public information available regarding the discussions at the meetings. He then asked for
questions from the commission.
Commissioner Musgrave said she had previously asked to have specific items included in the meeting
minutes, and one item was regarding subcommittees and if those were bound by the open meeting law
She had requested a legal opinion on this matter. Mr. Kantrud said the creation of subcommittees is legal,
and unless there is quorum of the full commission on the subcommittee it does not violate the open meeting
law
Commissioner Trippler said there was a memorandum in their packets of a paper put together by Debra A
Dyson, Legislative Analyst for the House of Representative's Research Department of the State of
Minnesota. In a 1993 case, the Minnesota Court of Appeals held that the Open Meeting Lawwas not
violated when two of five city council members attended private mediation sessions related to business.
The court determined that the two council members did not constitute a committee or subcommittee of the
council because the group was not capable of exercising decision making powers. He stated that as long
as committees or subcommittees do not have the power to make decisions, they can meet and gather
information without meeting the requirements of the open meeting law
Chair Mason Sherrill said they would give a few more minutes to questions from Commissioner Musgrave,
and if there were any more questions or issues, she requested addressing them to city staff or Mr. Kantrud
at another time.
Commissioner Musgrave indicated that she had asked a question and was not getting answers.
Commissioner Musgrave left the meeting, leaving only three commissioners in attendance. Since there was
no longer a quorum of the commissioners, Chair Mason Sherrill adjourned the meeting at 545 p.m.
2