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Home My WebLink About10/06/2009 AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, October 6, 2009 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. RollCall 3. Approval of Agenda 4. Approval of Minutes a. September 22, 2009 5. Public Hearings 6. New Business a. In-Service Training: Attorney. 7. Unfinished Business Commission Handbook Review. Presentation by Alan Kantrud, City 8. Visitor Presentations 9. Commission Presentations a. Commissioner Report: There were no planning commission items for the September 28, 2009 city council meeting so there is nothing to present. This would have been Commissioner Yarwood's turn had there been review items for the PC. b. Upcoming City Council Meeting of October 12, 2009. There are not any scheduled PC items for this meeting. Commissioner Fischer is scheduled to attend should there be a need for planning commission representation. . 10. Staff Presentations 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 22,2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Present Present Present Present Present Present Present Present Absent City Staff Present: Tom Ekstrand, City Planner Michael Thompson. City Enqineer III. APPROVAL OF AGENDA Commissioner Trippler moved to approve the agenda as presented. Commissioner Boeser seconded The motion passed. Ayes - all IV. APPROVAL OF MINUTES a. August 18,2009 Commissioner Trippler moved to approve the amended minutes of August 18, 2009, changing wording on the third paragraph of page 5 to read "a small part of the northern portion" and make the last sentence of Section V. on page 6 a new paragraph and insert "future" before "project". Commissioner Hess seconded Ayes - Desai, Fischer, Hess, Martin, Pearson, Trippler Abstentions - Boeser, Walton The motion passed. V. PUBLIC HEARING None VI. NEW BUSINESS a. In-Service Training: Street Reconstruction Program. The Process-Start to Finish. City planner Tom Ekstrand introduced city engineer Michael Thompson and explained that he would be giving the presentation on city street reconstruction that the commission had requested. Planning Commission Minutes of 09-22-09 -2- City engineer Michael Thompson gave a presentation on the city's street reconstruction program and answered questions from the commission. Mr. Thompson discussed how streets are selected for the C.I.P., on methods for improving long-term management of roads, and the interaction of the city with residents during road construction projects. Mr. Thompson said that each specific segment of road or each block has measured data pertaining to it, which is categorized into the street system and used to establish streets for reconstruction. Mr. Thompson said that other cities' data from Maplewood streets shared with abutting cities is also input into Maplewood's system. Mr. Thompson explained the legal requirements and the neighborhood process involved with street reconstruction projects. Mark Bradley, 2164 Woodlynn Avenue, suggested proper street maintenance be done to lengthen a street's life instead of just doing street repairs. Engineer Thompson said he is an advocate of preservation and said he will be making a proposal to implement a seal coat program for streets where investments have been made in order to preserve and extend the life of the roads. VII. UNFINISHED BUSINESS None VIII. VISITOR PRESENTATIONS Mark Bradley, 2164 Woodlynn Avenue, again spoke requesting that staff consider traffic volume studies to ascertain the best use for development of a property. IX. COMMISSION PRESENTATIONS a. City Council Meeting of September 28,2009: Commissioner Yarwood is scheduled to attend. X. STAFF PRESENTATIONS The commission asked staff for an update of the Aldi and T -Mobile proposals. Planner Ekstrand gave an update. XI. ADJOURNMENT The meeting was adjourned at 8:10 p.m. MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner Commission Handbook Review September 30, 2009 INTRODUCTION On July 27,2009, the city council adopted the City of Maplewood Commission Handbook. The purpose of the Handbook, which pertains to all city commissions and boards, is to provide general information, rules and policies for commission members. The Handbook is included for review as well as the city ordinance governing the planning commission and the planning commission's rules of procedure. Alan Kantrud, the City Attorney, will be present to present this document and lead the discussion. p:\ planning commission\in service training\commission handbook memo g 30 09 Ie Attachments: 1. Commission Handbook 2. Pianning Commission Ordinance 3. Planning Commission Rules of Procedure CITY OF MAPLEWOOD COMMISSION HANDBOOK Table of Contents RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION POLICY GUIDELINES........................ 3 Chapter I: Introduction & Overview..................................................4 Purpose of Maplewood Commission Handbook..........4 Orientation of New Members........................................ 4 The Function of City Commissions............................... 4 Putting Boards, Commissions, and Committees Into Context.. .... ..... ... .............. ............... ................ ..... .......... 5 City CounciL.......................... ................ ................5 Boards, Commissions, Committees.........................5 Oath of Office................................................................ 5 Boards and Commissions and Membership Requirements............................... ................ ..................6 Planning Commission.. ........ ............. ... ................. ... 6 Parks Commission .................................................. 6 Environmental and Natural Resources Commission6 Housing and Redevelopment Authority................ ...6 Community Design Review Board..........................6 Historical Preservation Commission........................6 Police Civil Service Commission............................? Business & Economic Development Commission. .? Other Committees and Task Forces.........................? Description of City Departments and Divisions............? City Manager........................................................... 7 Citizen Services/City Clerk.....................................? City Attorneys....... ........ ............ ............................... 8 Human Resources....................................................8 Information Technology...........................................8 Finance............. ....................................................... 8 Fire...........................................................................8 Community Development and Parks.......................8 Potice.......................................... ........................ ..... 9 Puhlic Works...... ............... ..... ......... .........................9 History of the City of Maple wood................................ 9 Chapter 2: The Advisory Role............................................................ll Role of the Chairperson and Vice Chairperson...........11 Responsibilities of Individual Members................... ...12 Staff Liaison Responsibilities...................................... 12 Relationship With City CounciL................................ 12 Council Relationship With Advisory Bodies...............13 Term of Office............................................................. 13 Signing Commission Documents/Communications....13 Chapter 3: Commission Meetings......................................................14 Agenda.................................. ............ ..................... ......14 Placing Items on the Agenda................................14 Minutes....... ........ ........................:.. ........ ............ ............ 14 Correction to Minutes............................................ 14 Special Meetings....... ...................................................14 Televised Meetings...................................................... 14 Joint Meetings with the City Council..........................15 Subcommittees....................... ............ ........ ............ ..... 15 Chapter 4: Parliamentary Procednre................................................16 Quorum....... ........ ......................... .................... ............16 Voting Procedure. ................ ......... ........ ............ ..... ...... 16 Motions.... ..................................................... ........ .......16 Legal Issues................................................................. 17 The Open Meeting Law......................................... I? Conflict of Interest........................................ ........ 18 Other Legal Issues................................................. 18 Frequently-Asked Legal Questions........................ 19 Chapter 5: Helpful Advice..................................................................20 Criteria for Effectiveness............................................. 20 Special Tips for New Commissioners..........................20 Working with City Staff...............................................20 Dealing with the Media............................................... 21 Chapter 6: Commission Policy Guidelines........................................22 Recruitment Policy....................................................... 22 Appointments................ ........ ......................... ............. 22 Role of Commissions........................ .................... .......22 Appointment of Chair and Vice Chair.........................22 Responsibilities of Comm ission Members.................. 22 Quorum........... ..................... ............ ........ ....................23 Qualifications................ ........ .......... ............... ............. 23 Decorum and Order.....................................................23 Public Hearings................. ............ ........ ................. ......23 Special Meetings............... ............ ............. ............ ......24 Communication with the City CounciJ........................24 City Council Relationship with City Commissions/Boards................................................ ... 24 Communication with Other Agencies and Groups.......24 Role of the StaffLiaison..............................................24 Appendix.......................................................................... 25 Sample Agenda................. ....... ..... ............ ................... 25 Sample Minutes........................................................... 25 Rosenberg's Rules of Order......................................... 25 Text of the Open Meeting Law....................................25 Minnesota Open Meeting Law (House Research Information Brief)................. .......................................25 Official Conflict of Interest (LMC Information Memo) .....................................................................................25 2 RESOLUTION NO. 09-_, SERIES 2009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION POLICY GUIDELINES WHEREAS, the City Council utilizes commissions 10 serve in an advisory capacity and provide in-depth review and consideration on subjecl matters within their jurisdictions; and WHEREAS, city commissions are appoinled by Ihe City Council and serve as legislalive bodies for the city of Maplewood, which musl be governed appropriately as befitting their public nature; and WHEREAS, the Cily Council amended the Commission Policy Guidelines on July 27, 2009; and WHEREAS, there was a need to update and provide current informalion; and WHEREAS, a Commission Handbook was written 10 provide general information, rules, policies, and slale statules for commission members. NOW THEREFORE, BE IT RESOLVED that the Cily Council of the City of Maplewood hereby adopts Ihe Commission Handbook as ils amended Commission Policy Guidelines. PASSED AND ADOPTED by the Maplewood City Council on this 271h day of July, 2009, by the following vote: Ayes: Mayor Diana Longrie, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach Nays: Councilmember Erik Hjelle Absent: NONE /s/ Mayor ATTEST: /s/ City Clerk 3 Chapter 1: Introduction & Overview Boards, commissions and committees (referred to collectively as "city commissions") have a critical role in the city of Maplewood. As a commissioner, you serve as a conduit for citizen input - a way of gathering, analyzing and recommending options to the City Council, which has the fmal responsibility for making policy decisions. City staff provides professional and technical expertise. Commissions provide another important avenue for determining the community's feelings about an issue. The individuals who serve on the city's commissions are among the most respected and appreciated volunteers in the community. Purpose of Maplewood Commission Handbook Minnesota law gives city councils the power to create advisory commissions and appoint their members.! The City of Maplewood prepared this commission handbook to assist commissioners by outlining accepted practices and clarifying expectations. While attempting not to be overly restrictive, procedures are established so that expectations and practices can be clearly articulated to guide commissioners in their actions. This commission handbook provides a summary of important aspects of commission activities. However, it cannot incorporate all material and information necessary for undertaking the business of commissions. Many other laws, plans and documents exist which bind the commissioners to certain courses of action and practices, most notably those requirements imposed by State statute on groups like the Planning Commission2 and the Police Civil Service Commission3, and the Maplewood City Code. As a policy and practical matter, wherever a conflict between the City's policies herein and the requirements under state law may be found, the State's position shall prevail. Orientation of New Members It is important that new members of commissions gain an understanding of the full range of services and programs provided by the city. Staff liaisons will provide new commission members with the opportunity to tour city facilities and provide background information on issues facing the commission., They will also make commission members aware of relevant training opportunities and provide basic skills training regarding meetings, policy, procedure, and duties. The Function of City Commissions Here is a brief summary of how city commissions serve the democratic process in the city of Maple wood : . Hold public meetings and use other means to determine what the community thinks about issues; . Recommend policies and procedures related to their respective fields to the City Council; . Serve as intermediary between the public, city staff and the City Council by providing information, explanation, and support for different points of view; . In specific instances, such as the Planning and Police Civil Service Commissions, make critical determinations pursuant to State Statute; . Make non-binding recommendations on issues, applications, and other policy matters as directed by the Maplewood City Council or required by law. Minn. Still S 412 111 gives statutory cities the authority to create advisory boards in general, "as deemed necessary for the proper management and operation of city affairs." 2 Minn. Stat. S 462.354 3 Minn. Stat. S 419 4 Putting Boards, Commissions, and Committees Into Context The city of Maplewood is a statutory "Optional Plan B'" city, incorporated in 1957. Maplewood uses a Council- Manager form of government. The City Council serves as the legislative body, sets policies and procedures, and represents the citizens of Maplewood. The City Manager, who serves at the will of the City Council, carries out the Council's direction and is the chief administrative officer for the city. City Council The Maplewood City Council, the governing body of the city, is made up of four councilmembers and a mayor. These officials are chosen through non-partisan elections and serve "at large," representing the whole city. The City Council is accountable to the citizens it serves. City elections are held in odd-numbered years. Depending on the number of candidates who file, there may be a primary in September as well as the general election in November. Councilrnembers and the mayor serve four~year terms. Two council members and the Mayor are elected in one election and two council members in the next election. The City Council formulates policy, approves programs, appropriates funds, and establishes local taxes and assessments. Decisions of the City Council are reached by a majority vote, unless a greater majority is required by law. The City Council enacts local laws (ordinances) and regulations for governing of the city. The local ordinances adopted by the City Council are compiled in the municipal code. Other City Council directives and policies are recorded in resolutions or council minutes. The Maplewood City Council holds regular meetings on the second and fourth Monday of each month, at 6:30 p.m. in the Council Chambers at City Hall.' Copies of the agenda are available 72 hours before the meetings at the City Clerk's office, plus various other locations and on the City's Website, WVI'W.ci.maplewood,mn.us. City Council agendas may be emailed to individuals by subscription. City Council and commission agendas with staff reports attached can also be viewed on the city web page, Boards, Commissions, Committees The City of Maplewood currently has seven active advisory groups categorized as boards and commISSIons (referred to collectively as "City Commissions"). The Council has also from time to time appointed task forces and ad hoc committees for specific issues and determined lengths of time. Each has a specific focus and serves to make recommendations to the City Council on issues related to that specific field. Members of commissions are volunteers who are appointed by the City Council and serve at the pleasure of the City Council. Commissioners must be residents of the city of Maplewood. Council may, under very special circumstances and unless prohibited by State law or City ordinance, determine that a person living outside the Maplewood city limits may be appointed to a board or commission because that person's expertise would enhal1ce a particular commission. City Council may also decide to appoint ex-officio members without voting privileges. A member of the commission should be knowledgeable and experienced in the areas of interest of the board/commission on which he/she wishes to serve. Membership should be based on willingness to be objective, open-minded, and to seek solutions and promote harmony in the community. In some cases membership selection is based on specific educational or professional criteria as called out by City Ordinance. The City Council reviews applications, conducts interviews for positions on the various Commissions, and ultimately selects the members. Oath of Office Pursuant to State Statute, 9 358.05. all elected or appointed officials must swear an oath of office prior to conducting or participating in any business of the commission or board. A signed copy of the oath is filed with the office of the City Clerk.' 4 Statutory cities are covered by Chanter 412 of Minnesota Statutes. 5 See the current City of Maplewood Rules of Procedure for City Council and Council Meetings for additional information about council meetings and policies. 6 Minn. Stat. B 358.]] 5 The Oath of Office is as follows: I, [name], do solemnly swear that I will support the Constitution of the United States and of the State of Milmesota and faithfully discharge the duties of the office of [name of office] in the City of Maple wood, in the County of Ramsey and the State of Minnesota, to the best of my judgment and ability. So help me God. Boards and Commissions and Membership Requirements This list briefly describes each city commission. All commissions are subject to the state conflict of interest rules and must refrain from participating on matters in which the commissioner has an economic interest or other disqualifying interest, such as personal, familial relationships.7 Planning Commission The Planning Commission has nine members who serve three-year terms, and is the City of Maplewood's planning agency.8 Members are citizens and cannot be elected officials. Its duties are to prepare and recommend a comprehensive plan for the development of the city and to review zoning and land use matters like comprehensive plan amendments, rezoning requests, zoning variances, property subdivisions, right-of-way vacations, conditional use permits, and home occupation requests. Parks Commission The Maplewood Parks and Recreation Commission is a nine-member, volunteer advisory board consisting of Maplewood residents committed to promoting parks and recreation issues. Commission members serve three-year terms. The commission provides recommendations to the city council on all issues of park acquisition, development, open space, trails, and leisure programs. The Parks and Recreation Commission works closely with city staff to address the mission of the department, which is to provide a community environment for all citizens to participate in and enjoy cultural and recreational activities on an equitable basis. Environmental and Natural Resources Commission The Environmental & Natural Resources Commission consists of seven residents who serve three-year terms. The commission1s purpose is to protect, preserve, and enhance the environment of the City of ,Maplewood. To accomplish this purpose, the commission engages in a variety of activities, from recommending ordinances to preserve and enhance the citis environmental assets, to developing educational programs, to developing and promoting the use of "sustainable practices" for city policies and procedures. Housing and RedevelopmentAuthority The Maplewood Housing and Redevelopment Authority (HRA)9 is a five-member advisory committee that reviews housing matters and policies for the city. Authority members serve five-year terms. Topics the HRA reviews for the city council include proposed housing related code changes or ordinance amendments, possible changes to the housing chapter ofthe Maplewood Comprehensive Plan, and senior or subsidized housing development proposals. Community Design Review Board The Maplewood Community Design Review Board (CDRB) has five members, each serving two-year terms. Two architects shall be appointed, if available to serve; two shall be from a related design or construction field; and at least two members shall be citizen laypersons. The CDRB reviews building design, site plans, and landscape for proposed multi-family, commercial, and industrial development in Maplewood. The CDRB's goal is to approve attractive developments in architectural design, the use of proper landscape materials, and a functional and attractive layout. 7 To learn more, refer to the League of Minnesota Cities' information memo, Official ronflict of Interest. 8 Minn. Stat. S 462.354 9 Note that Maplewood's HRA is established as an advisory body, not an HRA as defIned by Minn. Stat. S 469.03. 6 Historical Preservation Commission The Historic Preservation Commission (HPC) is a seven member Commission, created to help the city of Maplewood with its overall historic preservation goals. To that end, two members should be in a preservation~ related field and one Commissioner should be a member of the Ramsey County Historical Society. Commission members serve three year terms. The HPCs goals include supporting the protection of the City's heritage by preserving, protecting, conserving, and wisely using the significant historical, cultural, architectural, or archeological objects, structures, buildings, and sites in the City. The City encourages broad citizen participation in historic preservation activities and has worked on such projects as the Bruentrup Farm preservation project. The Historic Preservation Commission also works closely with the Maplewood Area Historical Society. Police Civil Service Commission The Police Civil Service Commission is a three-member group responsible for overseeing selection processes for sworn officers and acting as a hearing body for discipline and discharge issues for the Maplewood Police Department in accordance with Chapter 419 ofthe Minnesota State Statutes. The Commissioners are normally 'appointed to three-year terms by the City Council and volunteer their services as interested residents. The City has a full-time Human Resources Coordinator that serves as a staff liaison for the Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility lists and review and approve background investigations for police officer candidates. The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public nor do they review or conduct internal investigations. They do not direct or oversee police operations nor do they have input into the Police Department budget. They have no involvement in compensation or benefits for the officers. Business & Economic Development Commission The Maplewood Business & Economic Development Commission (BEDC) is an advisory commission to the Maplewood Area Economic Development Authority (EDA); the EDA itself consists of the five members of the City Council. The BEDC makes recommendations on economic development and redevelopment projects and issues to the EDA. The BEDC will consist of7 members, 3 of which must be small business owners. Maplewood Economic Development Authority The Economic Development Authority, or EDA, is a statutorily-authorized body organized under S 469.090 et sec. and is charged with carrying out economic and industrial development and re~development within the City and surrounding area. The Mayor and City Council make up the EDA and the City Manager serves as its Director. Other Committees and Task Forces There are city committees and task forces that are created by the Council from tinle to time to look at a specific issue. In addition, the city participates on boards, commissions, and committees that have been established by regional agencies or organizations to discuss issues involving the county, schools, local businesses, etc. For a list of City of Maple wood committee/agency memberships, contact the City Clerk's Office. Description of City Departments and Divisions City Manager The City Manager is the chief executive officer and the head of the administrative branch of the city government. The City Manager implements policies and procedures initiated by the City Council, prepares and administers the municipal budget, advises the Council of future financial needs of the city, initiates and supervises business relationships, and directs the daily operations of city government. The City Manager is responsible for all city personnel, except the City Attorney. 7 Citizen Services/City Clerk The City Clerk is an appointed position responsible for the recording, writing, and maintaining of the records of City Council proceedings. The City Clerk conducts municipal elections through coordination with Ramsey County Elections. Citizen Services is responsible for issuing and processing city business licenses and permits, and for a full motor vehicle processing division including a Federal Passport Acceptance Agency. The Citizen Services Director is responsible for the Marketing Division which serves to foster community awareness of city events and recreation programs through marketing avenues and creates a monthly city newsletter as a means of building a strong sense of community. Citizen Services Director is also responsible for operating and maintaining a variety of services and facilities related to recreation including the Maplewood Community Center, community gyms, and local beaches. The recreation division and the Community Center provide a variety of leisure time and activities and recreational programs year- round for all ages in the northeast metropolitan area and to Maplewood residents alike. City Attorneys The City Attorneys are appointed by the City CounciL TIle City Attorneys advise the City Council and city officers (in their official capacity) in legal matters, attend all Council meetings as appropriate, and represent the city in legal actions and proceedings. The City Attorney and members of the City Attorney's office maintain an attorney-client relationship with the city, its officers, agents, and employees, so their official communications are protected as confidential pursuant to the attorney-client privilege. The City Attorney rarely attends commission meetings but may provide counsel to staff when legal issues arise on commission matters. Human Resources Human Resources is responsible for labor and employee relations, position profiles, recruitment and selection, classification and compensation, employee training, pay equity, personnel policies and employment law, contract negotiations and administration, employee benefits, worker's compensation, grievances and discipline, performance appraisal, safety, and oversight of payroll issues related to union agreements and personnel policies. Information Technology The primary goal of the IT department is to provide the most effective technology services and support possible to the City of Maplewood staff, City Council, commissions, boards and citizens. The IT department manages the City website, security systems, phone, system, mobile technologies, televising of City meetings, GIS, and all City applications and workstations. All of these systems run over the City's network which the IT department also oversees. Finance The Finance Department supports all other departments by providing financial management, accounting and treasury services. There are three docrunents prepared by the Finance Department for the benefit of Maplewood citizens as well as other interested parties including the State Auditors Office and bond rating agencies: the Comprehensive Annual Financial Report, the Budget, and the Capital Improvement Plan. Fire Maplewood Fire is a combination paid-per-call and full-time department. There are 78 paid-per-call firefighters that respond from their homes to answer approximately 3,800 medical, fire, and rescue calls per year. There are five stations with an average of 15 firefighters per station. There are also 14 full-time firefighters. Administration of the Fire Department is located at Station Two, 1955 Clarence Street. Community Development and Parks The Community Development and Parks Department is comprised of five divisions: Planning, Building Inspections, Health, Environmental and Natural Resources, and Parks. 8 . The Planning Division champions the values of our community by guiding development and protecting the environment through studies and zoning controls. The City of Maplewood planning division is primarily responsible for the review and management of new developments, subdivisions, and redevelopment. The division also coordinates the preparation of the city's comprehensive plan. . The Building Inspection Division reviews plans, issues permits, and conducts inspections under the requirements and guidelines of the State Building Code. . The Environmental Health Officer is responsible for conducting inspections of the restaurants, lodging facilities, and public pools located within the City of Maple wood. . The Environmental and Natural Resources Division works to protect the environmental features of Maplewood. This includes natural areas, trees, surface waters, waste, and the built environment. It also includes stormwater management-related activities such as development plan review, construction site inspection, management of surface water and inspection, evaluation, and maintenance of outfaIls and ponds. . The Parks Division strives to provide a community environment for all citizens to participate in and enjoy cultural and recreational activities on an equitable basis. The Community Development and Parks Department serves as primary staff to the Planning Commission, Community Design Review Board, Housing Redevelopment Authority, Historical Preservation Commission, Environmental and Natural Resources Commission, and Parks and Recreation Commission. Police The mission of the Maplewood Police Department is to work, in partnership with its citizens, to solve problems relating to crime and the fear of crime, with an emphasis on meeting community needs. These services are also provided to the City of Landfall on a contractual basis. The Department provides paramedic services in partnership with the Maplewood Fire Department. It has an authorized strength of 55 sworn officers and has a total of 62 full-time dedicated employees who are available to provide professional community-oriented police services 24 hours a day. Public Works The Public Works Department provides coordination of the services afforded by five groups: Engineering, Street, Utility, Park Maintenance, and VehicleIFleet Management. These divisions are responsible for the design, operation and maintenance of most city roadways, sanitary sewer systems, and storm water systems. History of the City of Maplewood The recorded history of Maplewood goes back about 150 years. Before settlers arrived, the land in Maplewood was inhabited by the Dakota Indians. The landscape was a mix of scrub oak and prairie, with many marshes and lakes. In 1850, a group of families ventured out from St. Paul along an old Indian trail which is now Hazelwood Street. They were the Bells, Caseys, Conlins, and Vincents. At today's County Road C they turned to the east and began to build their log cabins. The sound of their axes alerted the nearby Dakota who quickly surrounded the homesteaders. The Dakota asked them to leave and the newcomers quickly retraced their steps. The settlers made repeated attempts to claim the land they had bought for 2 dollars an acre. But again and again they were driven back. Finally, in 1853, they found that the Ojibway had pushed the Dakota out of the area. The Ojibway just wanted to hunt on the land and they didn't mind the clearing of trees. At about this same time southern Maplewood was being settled as well. In 1852, Thomas Carver began farming to the west of Carver Lake. This area, the south leg of Maplewood, later became McLean township. Northern Maplewood was included in the township of New Canada when it was formed in 1858. The first organized transportation in this area was a stagecoach line that was along present-day Edgerton Street. This line began in 1856, and it cost 10 dollars for the trip from St. Paul to Duluth. This stagecoach line remained in service until the first railroad was built to Duluth in 1870. This was the Lake Superior and Mississippi Railroad and followed the [Bruce] Vento Trail. By the 1880s the line was owned by the St. Paul and Duluth Railroad. This owner would playa big part in Maplewood's development. In 1886, the Wisconsin Central Railroad built a line that intersected with the St. Paul and Duluth Railroad. A townsite was plauned at the junction of these two railroads that 9 was predicted to "rival St. Paul." William and Mary Dawson platted out a town and decided to name the place "Gladstone" after William Gladstone, a popular British statesman of the time. Dawson planned to relocate his plow work business there and was able to entice the S1. Paul and Duluth Railroad to put its shops in Gladstone. For a time, the little village prospered. In the 1890s the town employed 1,000 workers. It had a post office, a hotel, at least two saloons, a brothel, and a population of about 150. Gladstone suffered a series of misfortunes that was its demise. First, a fire destroyed the plow works. Then the founder of the town, William Dawson, filed for bankruptcy. The last straw was when the railroad shut down the shops sometime around 1917. Gladstone became a ghost town with many people leaving or burning their houses for insurance. Trains still remained an everyday sight in Gladstone for many years after. The depot stayed in service through the 1950's but the railroad changed the name to Gloster in t9tO to avoid confusion with Gladstone, Michigan. The people who stayed behind were the fanners. Truck farming was the main business in the areas adjacent to S1. Paul through much of the first half of this century. The farmers were the local government for many years. In 1878, a town hall was built for New Canada along the north shore of Lake Phalen and was moved to Gladstone in 1900. Annual meetings were a big event and the little building was packed with people. By the early 1950s the old building was run down. The town decided to have its meetings in a room in the back of the Gladstone Fire Building. After World War II, the housing boom began in New Canada Township. Veterans could receive discounts on new homes and developments began around Wakefield Lake. Residents wanted improved services like sewer, water, and better roads. These items were the subject of debate at the township meetings. In 1953, Little Canada broke away from the township and became a city. Many new people were hired to replace the empty spots on the town board. These were the people who set the wheels in motion for the City of Maplewood. Not only was the population of New Canada increasing, industry also had interest in the area. 3M was looking for expansion and bought a large chunk of land in the southern leg. This land was outside of the city limits of St. Paul. Rumors began that St. Paul wanted to annex the area where 3M was going to be. An offer was made to the New Canada Township to swap a connection to S1. Paul's sewer and water to add the 3M land to the city limits. The township didn't like this idea and decided that the best action was to form a city on its own. On February 26,1957 the vote was 5 to I in favor of becoming a village. Waldo Luebben was the first mayor and many of the former New Canada Township board members became village officials. Ed O'Mara was one of the persons who suggested the name "Maplewood." Warren Berger went out to his backyard and traced a maple leaf and that became the village logo. Maplewood had a population of 14,200 people when it incorporated. For a few years, life in Maplewood was much. like that of the former township. The village operated out of the same building attached to the Gladstone Fire Building. The township constables slowly evolved into the Maplewood Police Department. Len Pepin became a constable in 1954, and was later Maplewood's first Chief of Police. Fire protection for the Village of Maple wood was by the Gladstone, Parkside, and East County Line Fire Departments. These organizations merged into the Maplewood Fire Department in 1997. In the late 50s and early 60s the city continued to use buildings in the old Gladstone site. The Police Department had a converted house and the engineering department was in an old barber shop and grocery store. According to legend, work on the new village hall was so slow, Building Inspector Oscar Londin grabbed a shovel and said "I'll do it myself1" The two-story city hall was built on Frost Avenue in 1965. It only took 20 years to outgrow the new city hall and a new one was built in the woods off County Road B and White Bear Avenue. The Village of Maplewood was changed to the City of Maple wood by the 1970's and adopted the council manager form of goverument. The Maplewood Mall opened in the early 1970's and became the major center of retail business in Maplewood. In the late 1960s and 70s there was a Maplewood Fall Festival with parades and a Miss Maplewood pageant. The main event of the city became the 4th of July celebration held at Wakefield Park in the 1970s and 80s and at Hazelwood in the 1990s. The highlight of each event is the fireworks display. By 1990,30,954 people lived in Maplewood. The city was rapidly being developed, especially the southern leg. Open space became a concern. The home of the 3M Post-It Note became one of the first cities in Minnesota to buy land and set it aside to remain undeveloped. 10 Chapter 2: The Advisory Role Local governments create advisory groups for many different reasons. They are established to: I. Fulfill local or state statutes 2. Implement a federal or state grant condition 3. Obtain advice on a specific subject 4. Build a community consensus for a project or program 5. Investigate an activity, problem, or event 6. Guide or regulate programs. Standing committees, commissions, ad hoc committees and task forces are formed for a specific purpose and dissolve after completing their mission. Advisory boards differ in their duties and responsibilities. Many are totally advisory to the elected body. Others are empowered to decide specific issues. Others, such as the Planning Commission, are an integral part of the government structure. If an organization is to function effectively, there must be clarity, understanding, and acceptance ofthe roles assigned to the elected body, commissions, and staff. Role of the Chairperson and Vice Chairperson Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is usually for a year, the chair and vice chair serve at the pleasure of the commission. The willingness and ability of an individual to serve as the chair or vice chair should be taken into consideration. Commissions should try to give all commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take extra time. Responsibilities ofthe Cbair: . Preside at all official meetings of the board, commission, or committee. . Consult with the staff liaison in drafting the meeting agenda. . Attend City Council meetings, in person or through another commissioner as designee, as needed to represent the commission, board, or committee with the approval of the commission, board, or committee. . Sign correspondence from the commission with the approval ofthe City Council. The effective chairperson also, during meetings: . Solicits opinions and positions from reticent commission members. . Protects new thoughts from being rejected prior to fair evaluation. . Discourages blame-orientated statements. . Keeps the discussion focused on the issue. . Builds trust by even handedness and fairness to all the participants. Responsibilities of the Vice Chair: . Substitute for the Chair as needed. 11 Responsibilities of Individual Members Each member of the city of Maplewood board, commission, or committee agrees to the following responsibilities during his Of her term of office: . Demonstrate respect, kindness, consideration, and courtesy to others. . Prepare in advance of meetings (e.g. read agenda packet carefully prior to the meeting) and be familiar with issues on the agenda. . Be respectful of other people's time. Stay focused and act efficiently during meetings. . Serve as a model of leadership and inspire public confidence in Maplewood government. . Act and speak with honesty and integrity. . Do not speak for the commission unless authorized by the action of the commission. . Do not speak for the city unless authorized to do so by action of the City Council. . Encourage inclusiveness and the free flow of opinions and positions. Staff Liaison Responsibilities The City Manager or his/her designee serves as the staff liaison to city boards, commissions, and committees. The staff liaison attends all meetings of the commission, prepares the agenda, acts as technical advisor, and fInalizes the minutes for approval by the group at its next meeting. Requests for information or support should be directed to the staff liaison, not directed to other city staff. Commissions do not have any supervisory authority over city employees. The responsibilities of city staff serving as liaisons include: . Provide background and context on a subject. . Alert the commissions of possible detrimental actions. . Offer professional expertise and recommendations about an issue. . Make commissions aware of relevant training opportunities through the League of Minnesota Cities or other such organizations. . Keep the board, commission, or committee focused on priorities. . Interpret codes, ordinances, city policies, and other regulations. . Ensure that motions and minutes reflect the intent of the commission. . Educate new members about their role and responsibilities. . Encourage members to participate fully on the commission. . Staff will make every effort to respond in a timely and professional manner to requests made by individual commissioners for information and assistance. Requests that require significant staff time should be approved by the City Councilor city manager. . Staff response to an individual commissioner will be distributed to all commission members if the liaison believes the material may be of interest. . Staff is assigned to the commission but reports to the City Manager. . Post the agendas and minutes to city bulletin board (agenda only) and website in a timely manner. Relationship With City Council Members of city commissions are sometimes referred to as the "eyes and ears" of the City Council. They serve an important role in extending the reach of the democratic process into the community. Even though the Council relies on the work of city commissions, there should be no confusion about the separate roles of each. 12 In this symbiotic relationship, however, commissioners need to remember they were not appointed to relieve the elected officials of making political decisions. Commissioners should avoid trying to predict actions or votes of elected officials. This does not preclude them from interpreting elected official philosophy. Commission members should also recognize that the elected body's area of concern is much broader and in some cases a commission recommendation will not be followed. Commissioners should not interpret this as a rebuke but rather an inevitable part of the process. Members of commissions should: . Make their decisions based on their judgment and not predict by word or action what City Council will decide. . Think of themselves as advisors rather than decision-makers (except as prescribed by statute). . Remember that the City Council has a broader area of concern and does not always follow commission recommendations. Council Relationship With Advisory Bodies The City Council has determined that Council members should not lobby commISSIOners for particular votes. However, Council members may request that commissioners consider certain issues during their deliberations. Each member of the Council is assigned to serve in a liaison capacity with one or more city commissions. The purpose of the liaison assignment is to facilitate communications between the City Council and the advisory body. The liaison also helps to increase the Council's familiarity with the membership, programs, and issues of the advisory body. In fulfilling their liaison assignment, Council Members may elect to attend commission meetings periodically to observe the activities of the advisory body, or simply maintain communications with the commission chair or staff liaison on a regular basis. Council members are not participating members of the commission, but are there to create a linkage between the City Council and commission. In interacting with commissions, Council members are to reflect the views of the Council as a body. Term of Office Term of office on most commissions is 2 or 3 years, although all commissioners serve at the pleasure of the City Council. The terms of commissioners are staggered to provide continuity to the commissions. A term of office officially begins when the new member takes the oath of office, which is administered by the Mayor, Manager, City Clerk, or staff liaison. Signing Commission Documents/Communications Commissions may be called upon to write letters to citizens, businesses, or other public agencies. Correspondences from the commission must be co~signed by the chair and the mayor. Commissioners from time to time may correspond with citizens in response to inquiries or to provide requested information. In these circumstances, members should clearly indicate within the letter that they are not speaking for the commission, but for themselves as a member of the commission. When a commissioner speaks before a public body, the commissioner needs to inform the agency that he or she is speaking for the commission and has been authorized to speak for the commission. Commissioners not speaking in an official capacity must explain that they are speaking for themselves, 13 Chapter 3: Commission Meetings Agenda An agenda for each meeting of a city commission is prepared by the staff liaison in consultation with the chair. The agenda outlines the topics or items of business that will be introduced, discussed, and acted upon at each meeting. Agendas must be available at the City Clerk's office at least 72 hours prior to the meeting. Placing Items on the Agenda A commissioner may request an item be considered on a future agenda and, upon consensus of a majority of the commission, staff will prepare a staff report if formal commission action is necessary. A member of the public may request an item be placed on a future agenda during public comment or through other communications with commission members, and upon consensus of a majority of the commission, a staff report will be prepared aud approved by the City Manager, or his/her desiguee. Minutes Minutes of each meeting of a city commission are usually recorded by city staff. The minutes serve as a permanent record of the group's actions, testimony, and opinions and they are forwarded to the City Council as input and background for Council decisions. Generally, a member of a commission making a recommendation will be available to the Council when such input is given. There are three types of minutes - Action Minutes: reflect the motion, the maker, and second; Summa1Y Minutes: reflect the above action plus a brief summary of the discussion; and Detailed Minutes: reflect actions plus a record of the entire discussion. The city of Maplewood requires that all commissions prepare "summary minutes"; however, there may be times when "action minutes" are appropriate. Correction to Minutes It is important for members of city commissions to closely review minutes and make corrections if needed so that the approved minutes accurately reflect the work of the group. Corrections to minutes should be made at the meeting when the minutes are brought forward for adoption. Corrections require a motion, second and a majority vote, and, if approved, are noted in the minutes of the current meeting. Any changes to the draft minutes approved by the commission should be reflected in the minutes for the meeting at which the corrections are made. The final version of the minutes, with the corrections made by the commission, should then be retained by the staff liaison and the City Clerk. Special Meetings Special meetings may be called by the chair of the commission and coordinated through the liaison. Written notice must be given to the commissioners, media, and others who have requested notice pursuant to the Open Meeting Law.10 Special meetings of commissions are discouraged by the City Council. Televised Meetings As part of its franchise agreement with the City of Maplewood, Comcast provides the city with a channel on the local cable television system as a means for providing municipal information to the citizens of Maplewood. By direction of the City Council, meetings of the City Council, the Planning Commission, and other standing commissions are televised on a regular basis. 10 See Minn. Stat. S I 3D.04 Subd. 2. 14 Joint Meetings with the City Council Occasionally commissions schedule a joint meeting with the City Council. These meetings occur as part of a regularly scheduled City Council meeting and are televised. Subcommittees Commissions may, from time to time, form subcommittees to focus on specific issues and make the work of the group more efficient. Subcommittees are useful when an issue needs to be studied in detail or when outside expertise is needed. The work and recommendations of subcommittees must always corne back to the full commission for approval in a public meeting. The subcommittee may not be composed of a quorum of the members of that board, commission, or committee. Subcommittee meetings for continuing or "standing" subcommittees are not considered public meetings for purposes of the Minnesota Open Meeting Law. However, the City Council generally encourages the practice of giving notice of such meetings and keeping them open to the public as practicable. Subcommittee Guidelines: 1. Clearly defme the purpose. 2. Set deadlines for reports and establish sunset provisions. 3. Limit the number of members. 4. Involve all sides of the issue. 5. Appoint a chairperson. 6. Require meeting agendas, minutes, and periodic reports. 7. Enforce sunset provisions. 15 Chapter 4: Parliamentary Procedure Maplewood1s City Commissions follow a modified version of Rosenberg's Rules of Order, Simple Parliamentary Procedures for the 21st Century, as adopted by the City Council. The adoption of rules was undertaken to simplifY procedures. A scaled-down and modified version is appropriate for commissions. A copy of these Procedures appear in the appendix of this handbook. Parliamentary procedure is adopted for several purposes: . Promote cooperation and harmony so that people can work together more effectively to accomplish their goals. . Guarantee each individual an equal right to propose motions, speak, and ask questions and vote. . Protect the rights of minority points of view and give the minority the same consideration and respect as those in the majority. . Encourage the full and free discussion of every motion presented. . Ensure that the meeting is fair and conducted in good faith. . Make decisions by the democratic method, so that the will of the majority determines the actions of the body. Quorum A quorum is the minimum number of members that must be present for a group to conduct business - a majority of the qualified members of the body. For Quorum purposes, the number of approved, seated members is the determinative total, with vacant, unfilled seats not counting towards the quorum number.!! Voting Procedure When present, all commissioners are to vote. Failure of a seated commissioner to orally express a vote constitutes an affirmative vote. A conflict of interest shall be declared whenever appropriate and in compliance with state law.12 The affected commissioner will step down, leave the room, and not participate in the discussion or vote on the item. Commissioners may declare a consensus on an action if there is agreement and no negative votes or objections. Upon request of any commissioner, a roll call vote will be taken and recorded. Tie vote: A tie vote is equivalent to a vote that has failed. The chair may explain the effect of the tie vote for the public. Motions A motion is the way that a group under parliamentary procedure conducts business. There are a number of types of motion, each of which must meet certain requirements before a vote can be taken. A reference guide to motions is provided in chart form in the appendix of this handbook. Steps in making, discussing and voting on a motion: 11 See Minn. Stat. S 645.08(5), 12 See Official Conflict of lnterest, from the League of Minnesota Cities. 16 1. The maker of the motion asks for recognition by the Chairperson. 2. After the individual is recognized, he/she will state "I move..." 3. The Chair will ask if there is a second. Another member of the group must second the motion in order for discussion to start on the motion. 4. The Chair then restates the motion "It has been moved and seconded that ..." and opens the floor to discussion. 5. The Chair will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. Spirited discussion helps to answer questions and explore different interpretations and/or impacts of the motion. 6. At the end of the discussion period the Chair will "call for the questions" and ask how many members vote "Aye" and how many vote "No" or "Abstain". Frequently-Asked Procedural Questions Is a majori(v vote needed in order for a city commission to take action? Yes. All members present are expected to vote on every question presented unless they have a conflict of interest. (See page 18 for more information on conflicts of interest.) What is the procedure for resigning from a city commission? An individual who must resign due to personal or professional circumstances shall send a letter to the City Council stating the effective date of the resignation. The resigning individual should, as a matter of courtesy, notifY his or her commission's chair and staff liaison at least by copy of the letter. Under what circumstances can a member of a city commission be removedfrom office by the City Council? Members of board, commissions, and committees serve at the pleasure of the City Council and can be removed from office at any time, without cause, by majority vote of the Council. Legal Issues There are many local, state, and federal laws protecting the democratic process practiced at the municipal level. City commissions must abide by the same regulations as the City Council. There are several legal issues of which members of city commissions should be mindful in fulfilling their roles and responsibilities in municipal government. These are designed to protect fair access of the citizens to their government and due process through the hearing process. The Open Meeting Law The Open Meeting Law applies to all standing commissions established by the City Council. Whenever a quorum (majority) of the City Councilor a commission is discussing city business, it is a meeting as defined by the Open Meeting Law.13 Proper advance notice must be given of such meetings,14 and the meetings must be open to the public. Minnesota law makes commissioners personally liable for intentional violations ofthe Open Meeting Law. 15 13 Mino Stat S 13D 14 Notice requirements are laid out in Minn Stat. S 13D.04. 15 Minn. Stat. S 13D.06 Subd. 1 17 Commissioners must be particularly aware of the danger of serial meetings. A "serial" meeting is defined as a situation when members of a city commission individually meet, telephone, email, fax, or otherwise communicate among each other or through a common person about a topic that will eventually involve the commitment or action of a quorum. These kinds of meetings are sometimes referred to as "Daisy Chains" and "Hub and Spokes." The problem with serial meetings is that they develop a consensus of the members outside of a public meeting and deprive the public of the right to hear the deliberations and to participate in the decision making at a meaningful time. Members should be cautious about discussing commission business outside of a formal meeting with other commissioners to avoid engaging in a serial meeting. For detailed information on the open meeting law, please refer to the Minnesota Open Meeting Law information brief available from the Research Department of the Minnesota House of Representatives. Conflict of Interest Quite simply, if you have a direct financial interest in the matter under consideration, you have a conflict of interest. If a project under consideration has you, your family, or your company profiting from its approval, it should be a simple conclusion that there is a conflict of interest in supporting or voting for the project (affirmatively). Similarly, a conflict of interest would occur if a commissioner were to vote on a zoning variance for his or her own property. Whenever a member of a city board, commission, or committee believes that there may be a conflict of interest, he or she should seek an opinion from the City Attorney. At any time, it is safest to err on the conservative side and to publicly identify the conflict, and follow the rules on disqualification. If a member has a conflict of interest, the member must disqualify himself or herself from participating in the matter. This includes all discussion on the matter as well as the actual vote. The best practice is to step down and leave the meeting while the matter is under consideration. A copy of the LMC's white paper on Official Conflict of Interest is in the appendix for your consultation as well. Other Legal Issues . Boards, commissions, and committees may not be used for political activities. City commissions may not endorse ballot measures or candidates for public office. However, members of boards, commissions, and committees may use their official title in political activities to identifY themselves. Members should be careful to be clear that any statement about a political position represents only their personal view of the issue or candidate, and in'no way implies the endorsement of the full group. . Individual members cannot unilaterally represent a board, commission, or committee. An individual member of a commission cannot take any action or make a statement that purports to represent the entire group, unless that member has been given authority to do so by a majority vote of the commission. . Correspondence by members of commissions (including letters, emails, and other written communications) should not appear to represent the viewpoint of the full group unless the correspondence is for official business of the commission and has been approved by the group and the City Council. Commissions are not permitted to send correspondence outside the city government without approval of the City Council. . Unilateral contacts are discouraged. If a member of a commission meets privately with an individual or entity that has an issue coming before the commission, the member should do so without making voting decisions or commitments. Equal opportunities and due process must be extended to all parties in matters under consideration. Commissioners shall disclose such contacts at the commission meeting when the item is discussed. 18 Frequently-Asked Legal Questions Maya member of a city commission choose not to vote? Members of city commissions are expected to participate in all decisions of their commission. There are two primary exceptions - if the member is disqualified because of a conflict of interest, or the member is disqualified because of a fairness issue (such as absence from all or part of a proceeding, or personal animosity between the member and an individual appearing before the group). When a member has a financial conflict of interest, he or she must disclose the nature of the conflict and follow the appropriate procedures as previously outlined in this handbook. In all cases, abstentions should be made to ensure the fair, impartial deliberation process by the board, commission, or committee. If a member of a city commission misses all or part of a meeting in which information is presented, can that member vote on that issue? Absence does not automatically disqualifY the member from participating in a vote on an issue. If the member misses all or part of the proceeding in which information about the issue was presented, the member can become familiar with the record of the meeting by means such as reading the minutes, studying staff reports, or viewing the recorded version of the meeting. Who decides if a member can vote? In order to vote on an issue considered in a previous meeting, a member should state for the record that he/she has reviewed either a meeting recording, the minutes, or staff report and considered all portions of the issue. The member determines ifhe or she can vote. 19 Chapter 5: Helpful Advice The following information was compiled from individuals who have served or been liaisons on a board, commission, or committee. Criteria for Effectiveness . Understand the purpose of your commission. Be clear on your role and responsibility and how this patticular board, commission, or committee fits into the governance of the city of Maple wood. . Prepare for each meeting in advance. Read through the agenda and know what will be discussed at each meeting. Read through staff reports or other background materials, or visit sites, as appropriate. . Bring an open mind to each meeting. You are representing the entire community in your role as a member of a city board, commission, or committee, so it is important to put aside personal opinions and be open to new ideas, information, and points of view. . Treat everyone with respect and dignity. You are an important part of the democratic process, which guarantees access and fair treatment to all. Your behavior and attitudes are in the spotlight and should reflect the highest standards of the community. Demonstrate patience, show empathy, and remain dignified under stress. . Phrase motions with care. Phrasing a motion can be difficult and corrections may be necessary before it is acted upon. Commissioners may wish to write out motions beforehand or ask staff to prepare a draft for difficult issues. Special Tips for New Commissioners . Attend meetings of the board, commission, or committee before applying for the position. As soon as you are appointed, regularly attend meetings, even before taking office, to become familiar with current issues under discussion. . Read through the minutes of previous meetings. . Ask the staff liaison if there are background materials tbat would be helpful for you to read aud study. . Become familiar with the basic rules of parliamentary procedure. . Attend one or two City Council meetings to better understand how the role of the individual board, commission, or committee fits into the overall governance of the city. . Please be aware that as soon as you are sworn in, you are subject to the Open Meeting Law. Working with City Staff . Treat all staff as professionals. Acknowledge the abilities, skills, experience, and dignity of every employee of the city of Maplewood. They are choosing to make their living serving your community and should be respected for that choice. Recognize that staff liaisons value their family and personal time. Accordingly, contacting staff during non-working hours is generally discouraged. . Commuuicate clearly, honestly, and directly. . Build a relationship based on mutual trust and respect. . Don't criticize or embarrass city staff in a public setting. If you have a concern about staff performance, it should be brought privately to the City Mauager. . Don't ask city staff to perform tasks or share information outside the role as liaison. 20 Dealing with the Media Most members of city commissions have limited contact with the news media. However, there may be situations in which a member of the media may contact you for comment on an issue. . You do not have to answer media questions just because they are asked. "No comment" is legal and at times preferable. Refer the media to the city staff or Council members. . Make it clear that you are speaking as an individual, not on behalf of the commission, the City Council, or the City of Maplewood. If it is a subject that is going to come before your commission it is probably inappropriate to be talking about it to the media. e It's safest to never "go off the record." Most news professionals will honor an agreement to not quote you, but there is potential for embarrassment. Words that are not said cannot be quoted. . Choose words carefully and cautiously. Comments taken out of context can cause problems. Be cautious about humor, sardonic asides, criticism, sarcasm, or word play. 21 Chapter 6: Commission Policy Guidelines Recruitment Policy City of Maplewood will advertise in the local newspaper, the city's channel on cable TV, and the city web page. Applications will be kept on file for a period of two years. Applicants will be contacted to ensure their continued interest before submittal to the City Council for appointments. Application deadlines are established to allow the City Conneil time to review the applications. Applications will be accepted up to 5 p.m. one week prior to appointment by City CounciL Appointments All commissions/boards/task forces and committees are appointed by the City Council. Role of Commissions The primary role of City of Maplewood commissions is to review and make recommendations to the City Council on matters within the commission's scope of responsibility as set forth in the enabling resolution/ordinance, and to promote increased public awareness, public input, and citizen participation into the determination of city policies. The specific role of a City of Maplewood commission is that of citizen's advisory "arm" of the City Council, focusing attention on specific planning and program activities of the city. On specific matters referred to them by the City Council, commissions serve as the reviewing body of the city. All recommendations, however, are subject to approval and revision by the City Council, except as otherwise provided by law. Appointment of Chair and Vice Chair Commissions/boards will appoint a chair and vice chair at the first regular meeting in December to take over at the first meeting in January. Responsibilities of Commission Members To be selected as a city of Maplewood commission member is an honor and provides an unusual opportunity for genuine public service. Although the specific duties of each commission vary widely with the purpose for which it was formed, there are certain responsibilities that are common to all commission members. The following is a summary of those responsibilities: (1) Abide by the Minnesota Open Meeting Law. All members have received the full text of the Open Meeting Law. Once a commission member has been sworn in as a member of a commission, he or she must comply with the requirements of the Open Meeting Law. (2) Understand the role and scope of responsibility of the commission on which you serve. Be informed of the individual scope of responsibility and operational procedures. (3) Represent fairly and fully the majority views of your individual commission. Expression of individual opinions to the public and press after a commission decision has been made should be identified as such. (4) Members should represent the public interest, not that of special interest groups. (5) Good communications - members are in a unique position of serving as a liaison between the city and its citizens, and can help to reconcile contradictory viewpoints and build consensus around common goals and objectives. 22 (6) Carefully review your commission meeting agenda prior to each meeting in order to be fully prepared to discuss, evaluate, and act on all matters scheduled for consideration. Conclusions based on thorough investigation will strengthen the value of the commission's recommendation. (7) Supportive relationships with the City Council and city staff are basic requirements for successful operation of any commission. In contacting city personnel on items of consideration, the proper channel is through the designated staff liaison providing support for your commission. (8) Establish a good working relationship with fellow commission members - respect individual viewpoints, allow other members time to present their views fully before making comments, be open and honest, welcome new members, and strive'to minimize political action on issues. (9) Members should not use or involve their commission membership in the conduct of personal political activities, and must be mindful of the conflict of interest requirements. (10) When a commission member appears in a non-official, non-representative capacity before any public or private body, the member shall not identifY or disclose his/her membership on a commission. If a question of membership arises, the member shall indicate that he/she is speaking only as an individual. Quorum Business may only take place at special or regular meetings if a quorum of the commission members is present. A quorum constitutes a majority of the voting membership. A meeting shall be canceled by the chair after 15 minutes if a quorum is not obtained, and an alternative date and time scheduled. Qualifications (a) A commission member must be knowledgeable of and experienced in the areas of interest of the commission on which he/she wishes to serve. (b) Unless otherwise stated by the City Council, terms of office on most commissions are 2-3 years for regular members. (c) All must be residents of the City of Maple wood proper; however, exceptions can be made for exceptional circumstances on a case-~y-case basis. (d) No person should serve on more than one commISSIOn at a time. However, individuals with special qualifications may be asked to serve on an additional commission. (e) City commissions should reflect the community's diversity. Decorum and Order Members should accord the utmost courtesy to each other, to city employees, and to the public appearing before the commission, and should refrain at all times from (1) rude and derogatory remarks, (2) questioning the integrity of the speaker, (3) abusive comments, (4) statements about the member's personal feelings about the speaker's motives, and (5) personal attacks. Any member may move to require the chairperson to enforce the commission rules; the affirmative vote of a majority of the commission will require the chairperson to so act. Members of the public attending commission meetings are expected to observe the same rules of order and decorum applicable to members. Any person making impertinent and slanderous remarks, or who becomes boisterous while addressing the commission, or while attending the meeting, may be requested to leave the room by the chairperson or staff liaison. Public Hearings Commissions should consult the City Council prior to holding a non-obligatory public hearing especially for controversial issues. Exception: the Planning Commission is required to hold public hearings on planning issues. 23 Special Meetings Commissions should not schedule special meetings except under extraordinary circumstances. Communication with the City Council Most communication with the City Council will occur through the Council liaison and staff liaison for each commission. Any questions regarding the City Council agenda can be directed to the staff liaison. When a member who is present at a City Council meeting is asked to address the City Council on a matter, the member should represent the viewpoint of the particular commission as a whole (not a personal opinion); any representations made to the City Council that are not those of the majority of the commission must be identified as such. City Council Relationship with City CommissionslBoards Individual Council members may attend meetings and may participate in the commissions' discussions, but should not direct the commissions' discussions or recommendations. Communication with Other Agencies and Groups If a member of the commission is authorized by the City Council to represent the city before another governmental agency or organization, the commission member should represent fully and fairly the majority position of the City Council. Personal opinions and comments may be expressed only if the commission member clarifies that these statements do not represent the position of the City Council. Role of the Staff Liaison Demand on staff time should be limited to official meetings. The staff liaison role includes orienting and helping train new members, facilitating meetings and hearings, providing necessary documents, providing information regarding rules and regulations, preparing and presenting reports to the commission, and answering any questions that may arise at meetings. The staff liaison is responsible for keeping the commission in compliance with the Open Meeting Law in terms of properly posting notice and agendas of meetings when necessary. Minutes, after approved by the commission, are forwarded to the City Clerk. The minutes should be a clear and concise statement of the commission actions and resolutions made. There are always exceptions to the policy guidelines and these should be considered on individual commission or member basis. 24 Appendix The following documents, relevant to Maplewood boards and commissions, are attached for further information and reference: . Sample Agenda . Sample Minutes . Rosenberg's Rules of Order . Text of the Open Meeting Law . Minnesota Open Meeting Law (House Research Information Brief) . Official Conflict ofInterest (LMC Information Memo) 25 ~ 2-246 MAPLEWOOD CODE DIVISION 4. PLANNING COMMISSION* Sec. 2-246. Established. The city council establishes for the city a planning commission as an advisory board to the city council, as provided in Minn. Stats. ~~ 462.351-462.364. (Code 1982, ~25-17) Sec. 2-247. Advisory body; exceptions. All actions of the advisory planning 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 planning agency to be advisory, except as otherwise provided by state statute or charter, Minn. Stats. ~ 462.354, subd. 1. Sec. 2-248. Composition; appointment; qualifications; terms. (a) The planning commission shall have nine members appointed by the city 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 planning commissiou for three-year terms. The city shall divide the membership into three groups of three members each. The terms of the three members in the same group shall end in the same year. If the appointment is to fill a vacancy, the appointment would be to finish the unexpired part ofthe vacated terms. All terms shall expire on December 31 of the year in which the appointment ends. (Code 1982, ~ 25-19) Sec. 2-249. Chairperson and vice-chairperson. The planning commission shall elect a chairperson and a vice-chairperson at the second planning 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. Ifthe chairperson resigns from or is otherwise no longer on the planning commission, the vice-chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. (Code 1982, ~ 25-20) *State law references-Municipal planning, Minn. Stats. ~ 462.351 et seq.; city planning agency, Minn. Stats. ~ 462.354, subd. 1; metropolitan government, Minn. Stats. ch. 473; Ramsey County included within "metropolitan areal! over which Ilmetropolitan council" has jurisdiction, Minn. Stats. ~ 473.121, subds. 2, 3; metropolitan land use planning, Minn. Stats. ~ 473.851 et seq. CD2:16 ADMINISTRATION ~ 2-252 Sec. 2-250. Vacancies. (a) Any of the following may cause the office of a planning commissioner to become vacated: (1) Death or removal from the city. (2) Disability or failure to serve, as shown by failure to attend four 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. 2-251. Officers; meetings; rules of procednre. (a) The planning commission shall elect its own officers, establish meeting times, and adopt its own rules of procednre to be reviewed and approved by the city council. (b) All meetings of the planning commission shall be open to the public. (Code 1982, ~ 25-22) Sec. 2-252. Duties and responsibilities. The planning commission shall have the duty to: (1) Prepare and recommend a comprehensive plan of development for the city. (2) Conduct hearings and make recommendations to the city council about the adoption of the city comprehensive plan and any amendments thereto. The comprehensive plan certified and adopted by the city council shall be recognized as the city's official comprehensive plan. (3) Study and make recommendations to the city council about implementing the comprehensive plan and any land use regulations. (4) Study and make recommendations to the city council about zoning code amendments. (5) Review, prepare and make a report to the city council by the second city council meeting in February of each year regarding the commission's activities in the past year and major projects for the new year. (6) Maintain a liaison and coordination with government and private agencies so that the city council may be familiar with the planning activities of such agencies in order to establish an order of planning and development unity for the city. (7) Review and recommend, on or before June 30 of each year, a capital improvements program to the city council, which is designed to accomplish the comprehensive plan for the city. CD2:17 , , ~ 2-252 MAPLEWOOD CODE (8) Review and make recommendations to the city council on development applications, such as rezonings, conditional use permits, variances, vacations, preliminary plats and home occupation licenses. (9) Accept such other and further duties as may, from time to time, be directed by the city council, including conducting hearings. (Code 1982, ~ 25-23) Sec. 2-253. Compensation; expenses. All members of the planning commission shall serve without compensation. However, approved expenses of the planning commission shall be paid from available city funds. (Code 1982, ~ 25-24) Sec. 2-254. Responsibilities of community development director. Subject to the direction of the city manager, the planning commission and its chairperson, the community development director shall: (1) Conduct all correspondence of the commission. (2) Send out all required notices. (3) Attend all meetings and hearings ofthe 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. 2-255. Duties of city engineer, city attorney, city inspectors and other city employees. (a) The city engineer and the city attorney shall be available to the planning 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 conunission. (b) All city inspectors and other regular employees or personnel of the city shall cooperate with the planning commission and make themselves available and attend meetings when requested to do so. (Code 1982, ~ 25-26) Sees. 2-256-2-280. Reserved. CD2:18 PLANNING COMMISSION RULES OF PROCEDURE Original adopted by the Planning Commission on February 21, 1983 Revised by the Planning Commission on January 20, 2009 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month. If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed. 3. Special meetings shall be held upon call by the chairperson, or in their absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorum for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such committees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson. No standing or temporary committee shall have the power to commit the Commission to the endorsement of any plan or program without its submission to the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision. The Commission shall adopt a rotating schedule of its members at the first meeting of each year to attend these meetings. F. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Community Development and Parks Department staff shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting, shall be distributed so that the members of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes 2 e. Public Hearings f. New Business g. Unfinished Business h. Visitor Presentations I. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. H. Except as herein provided, Robert's Rules of Order, Revised and Robert's Parliamentary Law shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The city council shall make all appointments to the planning commission by following the current city appointment policy. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the members present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. p:lcommdvpllpc\pcrules.2009 January final 3