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HomeMy WebLinkAbout2009-01-29 HPC Packet MAPLEWOOD HISTORIC PRESERVATION COMMISSION COUNCIL CHAMBERS - CITY HALL January 29, 2009 -7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. November 20, 2008 5. Chair Opening Statements/Presentations 6. City Attorney Discussion - Open Meeting Law 7. Old Business a. Comprehensive Plan Review 8. New Business a. 2009 Goal Setting 9. Visitor Presentations 10. Commission Presentations 11. Staff Presentations a. Historical Preservation Commission Staff Liaison b. Community Development and Park Department Reorganization Update c. Historical Preservation Commission Term Limit Clarification e. Election of Chair and Vice-Chair 12. Adjournment Agenda Item 4.a. MINUTES MAPLEWOOD HISTORIC PRESERVATION COMMISSION COUNCIL CHAMBERS - CITY HALL NOVEMBER 20, 2008 A. CALL TO ORDER Chair Ron Cockriel called the meeting to order at 7:00 p. B. ATTENDANCE Present: Chair Ron Cockriel, Vice Chair Richard CUr'f"ie, Lu Aurelius, Liaison Lois Behm, Staff Representative ShannF'Tnwall Absent: Commissioners Caleb Anderson, Pete;fjpulay, Bob Creager, AIGEllbraith Ron noted a quorum did not exist; therefore no offiCicll business could be conducted. However, there could be open discussion of some items to prepare for the next meeting with full Commission attendal"l(';@, He suggestedtabling Approval of the Agenda and Minutes, then move on thrQogrrtbe items thatdbinot require a decision: ,.... ..........,. F2 - regarding previous discussions aboUthavi9g~~9mOJjssioner join the Ramsey County Historical Socie.t?';,~~~oted in the Ejj?t6ric PresEtrvation Commission ordinance, Ron said he had obt~il"ledtfreErl}rmbership~pplicationinformation. He commented on the cost ($40/year)al1(J somedfthe benefits<fQr membership, and asked if anyone would be interested. Et.l...who ~<'lS the only person indicating interest at the previous meeting, said she still would liketqbeJhe member and Ron passed the paperwork on to her for submission. .,;:::;'.::::;...... ....::..::.::, ...... ...,:.......:.......:...::.;>. ............;;..:; ..,..... ......;..:;;:.....:.::....", ..,........'...M. ....:.... ":-::',':::;'cc.:"--<: ---',.,.",.':.:" Caleb Anderson arrived at 7:10,treatinq a quorum, so business could continue as usual. . C. APPROVALOF I AMENDMENTS TO AGENDA Lois requestedcjddition ofG4: December Meeting Ron requested additiQnQfG5: Richie Place Lu moved to appro\/eithe additions to the Aqenda, Richard seconded, Ayes - all. D. APPROVAL OF MINUTES 1. MINUTES OF AUGUST 21, 2008 Lu moved approval of the minutes of Auqust 21, 2008, Caleb seconded, ayes - all. 1 2. MINUTES OF SEPTEMBER 18, 2008 Lu moved approval of the minutes of September 18, 2008; Richard seconded, ayes-all 3. MINUTES OF OCTOBER 16, 2008 Lu moved approval of the minutes of October 16, 2008, Richard seconded, ayes - all. E. CHAIR OPENING STATEMENTS I VISITOR PRESENTATIONS Ron commented on the November 4th passage of the LegaGYAmendment, which included a provision for funds for historic preservation, arl(J c()I.lTcLpotentially be a source of help in the Commission's and City's preserJIatiqn efforts, No Visitor Presentation for this meeting. F. OLD BUSINESS 1. CERTIFIED LOCAL GOVERNMENT STATUS Ron reported that Shann Finwall has~.gn~ some researchf~garding achieving Certified Local Government Status and asked h~r:t8if~port on her findings. Shann said she talked with Michael Koop, who spoke at the Commission meeting in February, and asked abgutthr next stepsr~quired for CLG status. First, the current ordig?ncell'{l:)lcJld have to b~amendedto ensure that the Commission has oversight auth9rjt~t and thi:"jf<ordinance w9~ld have to be approved by the City Council. Next, theC0D'lI'IlisSiO?g~ould have tocgme up with a system for surveying and inventorying historic pr()p.~r;tieB'i@gt@l?,~ity. CYfrently there is a list the Commission made up ofhi~tgfi~'l"1ouse's~~~t tfierersg~gQ['rently no official survey of what the City considefsto be hist8Ej~proper;tir?' A system would have to be created for surveying thoseq.gd the way weqi<:ilt woulg@?ye to be approved by the State Historical Society. Third, ifV\iQuld be necess~r::y to eri$gre adequate public process for any historical projects. ThElt is, if thereWfJs a plan to place historical signage throughout a neighborhoCld'vve would h~~e to ensure that the public was notified and given an opportunity to]Qinjn on th;;!t'process. Then, once all thCl~i?Jhil"lgs are met, we would go to the City Council for approval of an amendment to the~[grl1cjnce and a resolution of support to apply for Certified Local Government status.. 'Once that was approved we would bring it to the State Historical Society and they would have 90 days to review our request and then notify us either that we are approved for this status or denied. Once we are certified, the City would have to submit an annual report stating we are following through on all the goals and objectives of the status doing various programs, etc. Any time the State Historical Society decides we are not fulfilling the goals and objectives of the status they can decertify us. 2 The Certified Local Government status makes the City eligible for Federal and State grants for historical purposes, but these grants are nearly always 50% matching grants, meaning that if you receive a grant for $20,000 to do historical markers in a neighborhood, the City of Maplewood or some other body such as the Historical Society, would have to come up with 50% of that, i.e., $1 O,OOO,.atld only 20% of that, or $2,000, could be used for in-kind work such as staff time administering the program. So that is something to consider before applying for funds, thattf-[lilre always has to be financial backing from the City or some other body. ,............ ........." ,........ ............ She then read the purpose of the program from th@itprQ2~dures m~tlual: "The Certified Local Government program seeks to encourage and expand local involvement in preservation issues through ap<:ll1nership between the Certified Local Government and the State Historical Preser\/atio@);Qffice to strengthen existing local preservation programs and promote the developm~r1~>8friewones. Certified Local Governments are eligible to apply annually for grantsagrninistered through the State Historical Preservation Office from a~g~i~nated federalt8~.[tified Local Government pass-through allocation. A Certified Lq~cjlc~8yernment woql2Slgsume a leadership role by identifying, evaluating and protectinghist6(i~[~gources witbin their community, receiving technical and advisory services,:from tl3e~t<'Jt@Hist6rical Preservation Office and having a formal rolejl"l.~l;le National R~gi?tElr proce.$$." ........'..T............. ............". h ......c:.':;':::...."'.,"....": '::,'-:::-' i:::" .........,. ......,.....--....,. ',. Shann added that 2yriQg theCiI~~ussion with'flAr. Koop about Maplewood's opportunities to becort1~~. CertIfied Local Gov~roment he indicated that to begin, what this Commission needstQ.qo i?QomlillJP with.some goals and objectives before just jumping int9tb~>~P8IicationRGQcElss'lfam(j?rt1aRing all these modifications to the ordinan9E?andsofol"tl;l..The<?I~Mneeds t6know what the Commission's goals and objecti~@s are, what th~ir:pl<:lns'a[@SlsJar as the preservation of particular sites, which is whysbrtalked with RqQE3arlier~t:!6t.lt a possible goal setting meeting that would be an importantJirst step to d~terminewhether it makes sense to apply for the certification.. Ron said he belieV.~~It i~s~r good opportunity. It will give us some direction and allow us as a Commission,a~'StVeli as the City, to do a little bit of soul searching about what our role is or should be .as an advisory to the Council. Shann previously went through the 8 or 9 steps that would be involved to complete this process and, looking at them, they all seem achievable. As to the 50-50 match, we would be looking at different resources if we get our goals together and if, when the Council reviews them they agree those goals go along with what the City is doing, maybe they can kind of budget them in, setting aside some dollars each year as we go through development and 3 redevelopment. The City Council and Staff could provide a budget; we can go to the Preservation Office and maybe they can provide the other 50%, then maybe we can get our signage up; get our inventories in place; or we can identify significant sites and structures. As mentioned in the opening statements regarding funds which may be available because of the Legacy Amendment, he feels that if the Minnesota Historical Society recognizes Maplewood as a Certified Local Government it might give us an edge when applying for funds from those sources. With som@goaLsetting and finding out what we as a Commission see as important, the fact thgt'O'lany of us also work with the Maplewood Area Historical Society which also has pre;servi:jtion goals, and there are probably some projects we could do jointly, with shaRed costs. ^" ... ......., Regarding goal setting, December is a busy montRfor most of us, sb.after we have taken care of our personal resolutions we can.g@'t together somewhat ihfbrmally in January, sitting around a table and focusing<CJl1<!:jgElJs. Wf:jGould think throUgh the process and the types of goals we would like to ha~E:l' .. Commissioners who are also Historil;;~l~ociety membeF~(.;puld talk to that group and find out what types of projects they feellJVg~19 be beneficialiClpdget some input and support from them. All Commissioners.r:;oulctp~rl1aps comeJ.lpwith goals which may be their pet projects that may be within the parameter~ of our mission. Ron asked if the Commissioners think setting the Jahuary meeting as a goal-setting meeting and to reVieV\I.pastcic;tiyities to crea~e a year-end report for the Council, as re~uired. by our Or?I~~nce. ,^,e8~puld possibl~go back 18 months to incorporate the 50t Anniversary wor~~g?, at tb~jend of the repprt, attach the goals for 2009. The Council would then kno\^.lwhatwehave doneCll"'ld what our goals are and what we hope to do in the futHrrLcmd wouli:Jillave'flleqpHprrtbnity to either accept it as is, question and/or cqrnml~ntonit,tl1en p0~~iply incorporate it into their process and hopefully there will be~few dollars tt:i@y:<?an sefg~idefor those goals. Lu asked.when in Janl.i~f~the mei:1ting would be as she is going to be out of town until around Jc:llJl:jary 23rd wour~.:bate tortliss the meeting as she is very interested in setting the goals,. .......... Ron will checK\.&i.th Staff tQ$ee if we could meet the last week of January which would be the 29th .(. .j Shann said she wdol8cneck on it and e-mail everyone. 2. RAMSEY COUNTY HISTORICAL SOCIETY See Chair comments between B & C 4 3. TIME CAPSULE Ron reported that a City resident stopped by his house last week and dropped off some photographs, letters and other things, so it is trickling in but he would like to get it done before our 70th Anniversary, so that is one of his goals. He would like to get a copy of the Comprehensive plan in there; the Historical Society is planpFngto put some things in also. Richard said Chuck Turning is working on a disc of the eotll"e$oth Anniversary activities and expects to have it done soon. ...... . .......... Lu inquired about the video that was prepared for thE!40j9\Annive~~l3ry, which contains a lot of historical information. Richard reported that has been copied to a DVDand can go in. Ron wondered if a DVD player should be incltiCled - discussion indicated there should still be one around in 50 years. The Commissiohis~till hoping for and accepting items to be placed in the time capsule. 4. CITY MAPS - HISTORIC SITES tf\,11~~~ERSHHH Ron suggested tabling this item until J'i'i6EIC!~;At that timeeverybne should have more ideas and several sites, with informatiorfitoaCl~btqtl'1@ mastet\map. ~,"..." ............... 5. MAPLEWOOD MOMENTS ..' . Ron: What historic nt:lti6nal sporting team event took place in Maplewood in 1995? Answer: The first Women's Hockey Tournament was held at Aldrich Arena. Not sure which teams, but it was the firstever women's'hockey tournament - not Ringette, but actually with a puck. ..... ... G. NEW BUSINESS .. '.:. _..'::.::_:_:_:..:'>"_ ....,..;c::._:.:,.,::::.;" . ',-:".:;",',' ',.,',..,'''','",,',., ^,'. -'''' '-":":-.,",":':;".'"'--. .".,.,'.-."....... ..,., p,',' 'oM'_",.,.,. 1. EXpiRATION OF COMMISSIOiSlER TERMS Shann repo[tl'ld two 3-yeatt~rms are expiring, Lu and Bob, and the procedure is to reapply if inte~~l:ited, along.yvith any other applicants for appointment, and be interviewed byff1~c;ounGil;0There was discussion about the status of terms, as they are supposed to beii$tSl.ggered to assure continuity of experience. but at this point 2 terms are expiring irii~ob8 and the other 5 terms are shown to expire in 2010. There was also discussion'about the discrepancy between the Ordinance, which states the Commission is to interview the applicants and make a recommendation to the Council, while the Council Procedures, which were amended in 2004, state the Council will interview the applicants with questions submitted by the Commission. Shann will look research the questions and report back. City residents who are interested in applying for appointment to the Commission can 5 find an application form on the City website, or obtain one from the City Manager's office. 2. YEAR END REPORT - 2008 ACTIVITIES & 2009 GOALS Completed in F-1 3. UPDATE ON SOCIETY ACTIVITY Open Houses - December 6 and 7, 1 :00 to 4:00 Members Potluck December 10,6:00 - Everyone brings food. Nominating Committee is preparing for January offi9r.[.eIEl.Gtions3g"XElar terms January Holiday Tea is January 10, with seating <;ltcn~38 a.m. and 2:3~p.m. Reservations can be made through Charlotte VYasiluk orcontact any member for her telephone number. 4. DECEMBER MEETING ................. Based on discussions in F-1, Ron m~.~~d to cancel tI1~.J:>:cember meetinq and move the January meetinq to Janu~~~.~. Lu seconded; aves - all. ,.................. .. .,."-.,.,..,.,..-.-......-,.,,. ,.,.._. ""',m',,,.,,,, ,'".,.,-- ',_",',"'"'..,',',',',",',.,-,,,. q",' .,-,-'..,..".,,-','.,',._, 5. RICHIE PLACE ...............c..>.>. Ron reported there is a proposed new deVelopmetitohtheborder of Maplewood and Little Canada, between2J"lElt~.(e preserves'iResidentsof both cities have contacted Ron because they b~IJeve the~~ea was onc~.inhabited by Indians because they have found what they belie'\l~to be Iq~ian tools andpt~er artifacts, as well as a raised area they feel could be an "'i'I]jJgn b~Ri~I.9.(ound. Ron has worked with Dr. Callahan of the U of M and bas~~..8n knowle~q~ne>nasqai~~~i'fie aqreed to walk the property with one of the re~idents;IT"~r.(~Side'l'I~8id no18rinqany of the items believed to be artifacts, so other than a red qr13niterock sawnothinq to convince him, but referred the qentlemen to Dr. Gallahan. -:-,"_"',," -"'-:-:-":.',-:',"',. _..:;;',; ,,- .'::'_. -:::>:::-::: ',- '..', .....:,...::,.. .,',- ,,'- --.......,..... ," ,........... ',',.,.---..,', H. COMMISSIONER COMMENTS Ron thanked:fh@.technical~iaff for including the Historic Preservation Commission on the meeting re..orQadcast.sthedule. It is appreciated ,..',',',','/--.. ,',,',-, ,.,,_.,......,... "'0"""- ..,...,..........',.,._.',.__'..u Shann said now that the Commission has a staff liaison it will be necessary to have a "Staff Presentations"items on the Agenda - location is not important. She also announced that a great group of U of M Environmental Policy Undergraduate Program students working on their capstone project chose Maplewood to work on their project. Their project is titled Sustainable Maplewood and they are presenting their final report on Tuesday, December 11 from 6:30 - 8:30 at the Community Center. 6 Some of the problems they worked on were: Altering impervious surfaces for storm water mitigation Public area vegetation management Managing sustainable parks Green workplace models Planning connectivity and capacity building - South leg Supporting a learning community Ron said that Lion's Park has a steel "snail" thati?iri/perfectly ition and wondered whether that could be saved by placing it somewhere else. followed relative to the vandalism of sculpturesir"1~egacypark, and a suggestion was made that perhaps the "snail" could be placed the:r'~9s E1s:6l..llpture. I. ADJOURNMENT - 8:20 7 Agenda Item 6 MEMORANDUM TO: FROM: SUBJECT: DATE: Historical Preservation Commission Shann Finwall, AICP, Environmental Planner Open Meeting Law Discussion January 23, 2009 for the January 29 HPC Meeting The Minnesota Open Meeting Law (Minnesota Statutes, section 13D) requires that meetings of governmental bodies generally be open to the public. The Minnesota Supreme Court has articulated three purposes of the law: 1. Prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed about a public board's decision or to detect improper influences. 2. To assure the public's right to be informed. 3. To afford the public an opportunity to present its views to the public body. Alan Kantrud, city attorney, will be present at the January 28 Park Commission meeting to summarize the Minnesota Open Meeting Law and how it impacts the Park Commission. Attachments: 1, Minnesota House of Representatives Open Meeting Law Information Brief 2, Minnesota Open Meeting Law A-H-QGh me(}+- 1 'l'l"I'~",~(['~JIJ'.Il'iM'~ Research Department 600 State Office Building St. Paul, MN 55155 i!!l~t~ Deborah A. Dyson, Legislative Analyst 651-296-8291 Revised~l; Minnesota Open Meeting Law ~~lequires that meetings of governmental bodies generally be open to the public. The Minnesota Supreme Court has articulated three purposes ofthe law: . To prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed about a public board's decisions or to detect improper influences . To assure the public's right to be informed . To afford the public an opportunity to present its views to the public body' This information brief discusses the groups and types of meetings covered by the open meeting law, and then reviews the requirements of and exceptions to the law and the penalties for its violation. Contents Groups and Meetings Governed by the Open Meeting Law ...................................2 Requirements of the Open Meeting Law .................................................................5 Exceptions to the Open Meeting Law......................................................................7 Penalties ............... .~'... ........................................ .................... ............................. ....11 Advice ....................................................................................................................12 1 Minn. Stat. ch. 13D (recoded from Minn. Stat. ~ 471.705 in 2000). The Minnesota Open Meeting Law was originally enacted in Laws 1957, chapter 773, section 1. 2 Prior Lake American v, Mader, 642 N.W.2d 729, 735 (Minn. 2002) (citing St, Cloud Newspapers, Inc, v, District 742 Community Schools, 332 N.W.2d 1, 4 (Minn. 1983)). While the courts consistently say that the open meeting law is to afford the public an opportunity to present its views to the public body, there is no general right for members of the public to speak at a meeting. Some statutes, and perhaps some home rule charters, specifY that a hearing on a particular matter must be held at which anyone who wishes to address the public body may do so. See, e,g., Minn. Stat. ~ 117.0412, subd. 2, Copies of this publication may be obtained by calling 651-296-6753, This document can be made available in alternative formats for people with disabilities by calling 651-296-6753 or the Minnesota State Relay Service at 711 or 1-800-627-3529 (TTY). Many House Research Department publications are also available on the Internet at: www.house.mn/hrd/hrd.htm. v House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 2 Groups and Meetings Governed by the Open Meeting Law The law applies to all levels of state and local government. The open meeting law applies to: . a state agency, board, commission, or department when it is required or permitted by law to transact public business in a meeting; . the governing body of any school district, unorganized territory, county, city, town, or other public body; . a committee, subcommittee, board, department, or commission of a public body subject to the law; and . the governing body or a committee of a statewide or local public pension plan.' "Public body" is not defined but the Minnesota Supreme Court has stated that "[i]n common understanding, 'public body' is possibly the broadest expression for the category of governmental entities that perform functions for the public benefit.'" In determining whether the open meeting law applies to a particular entity, one should look at all of the entity's characteristics. For example, in a 1998 case, the Minnesota Supreme Court held that because the statute authorizing creation of a municipal power agency authorized an agency to conduct its affairs as a private corporation, it could hold closed meetings.' The court held so notwithstanding the statute that provides for municipal power agencies to be political subdivisions ofthe state" The open meeting law and the Government Data Practices Act apply to the University of Minnesota Board of Regents, and the application of these laws to the university does not violate the university's constitutional autonomy.' J Minn. Stat. ~ 13D.Ol, subd. 1. , Star Tribune Co. v, University of MInnesota Board of Regents, 683 N.W .2d 274, 280 (Minn. 2004). 'Southern Minn. Mun. Power Agency v, Boyne, 578 N.W.2d 362, 364 (Minn. 1998) (citing Minn, Stat. ~ 453.54, subd. 21, and discussing the factors that distinguish a public corporation from a private corporation). 6 Minn. Stat. ~ 453.53, subd. 1, ~ (1) (The agency agreement shall state: "(1) That the municipal power agency is created and incorporated. .. as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state;"). .- , Star Tribune Co" 683 N.W.2d 274. In 2002, Mark Yudofresigued from the presidency of the University of Minnesota. When [malists for the position had been selected but not announced, the Board of Regents closed a meeting to interview them, ensuring their privacy. The university asserted that its constitutional autonomy meant it was not subject to these laws. A number of newspapers sued, claiming that the university is subject to the open meeting law and data practices act, and that it violated both laws. The district court and court of appeals agreed with the newspapers, and the state supreme court affirmed those decisions. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 3 The law generally applies to nonprofit corporations created by governmental entities. The list of groups covered by the open meeting law does not refer to nonprofit corporations created by a governmental entity. However, the law creating a specific public nonprofit corporation may specify that it is subject to the open meeting law.' In addition, corporations created by political subdivisions are clearly subject to the open meeting law.' Gatherings of less than a quorum of a public body are not subject to the law; a "meeting" is held when the group is capable of exercising decision-making powers. The Minnesota Supreme Court has held that the open meeting law applies only to a quorum or more of members ofthe governing body or a committee, subcommittee, board, department, or commission of the governing body.1O Serial meetings in groups ofless than a quorum held in order to avoid open meeting law requirements may also be found to be a violation, depending on the facts ofthe case.lI A public body subject to the law should be cautious about using e-mail to communicate with - other members ofthe body. Although the statute does not specifically address the use of e-mail, it is likely that the court would analyze use of e-mail in the same way as it has telephone conversations and letters." That is, communication about official business through telephone conversations or letters by a quorum of a public body subject to the law would violate the law. Serial communication through telephone conversations or letters by less than a quorum with the intent to avoid a public hearing or to come to an agreement on an issue relating to official business could also violate the law. In a 1993 case, the Minnesota Court of Appeals held that the open meeting law was not violated when two of five city council members attended private mediation sessions related to city 8 E.g., Minn. Stat. ss 62Q.03, subd. 6 (Minnesota Risk Adjustment Association); 1l60.03, subd. 5 (Minnesota Technology, Inc.); 116V.OI, subd. 10 (Agricultural Utilization Research Institute); 116S.02, subds. 6 and 7 (Minnesota Business Finance, Inc.); 124D.385, subd. 4 (Minnesota Commission on National and Community Service may create a nonprofit bllt it is subject to the open meeting law); 128C.22 (State High School League); and Laws 1990, ch. 535, S 2, subd. 6 (Lake Superior Center Authority), 'Minn. Stat. S 465.719, subd. 9 (enacted by Laws 2000, ch. 455, art. I, S 2, subd. 9). A 1986 attorney general opinion stated that the open meeting law did not apply to nonprofit corporations created by political subdivisions. Op. Att'y Gen. 92a-30, Jan. 29, 1986. The 1999 Legislature established a task force to recommend legislation in 2000, governing corporations created by political subdivisions. Laws 1999, ch. 186. Among other things, the 2000 legislation addressed the issue of application of the open meeting law, stating that the law applied and a corporation created by a political subdivision cannot be exempted from it. 10 Moberg v, Independent School Dist. No. 281, 336 N.W.2d 510 (Minn. 1983). 11 1d. at 518; see also Mankato Free Press Co, v, City of North Mankato, 563 N.W.2d 291,295 (Minn. App. 1997). On remand to the district court for a factual finding on whether the city used serial interviews to avoid the open meeting law, the trial court found, and the court of appeals affirmed, that the serial meetings were not held to avoid the law. Mankato Free Press Co. v. City of North Mankato, 1998 WL 865714 (Minn. App. 1998) (unpublished opinion). " Moberg, 336 N.W.2d at 518. The Commissioner of Administration stated in a July 9, 2008, opinion that an e-mail sent to all members of a city council was effectively "printed material" that should be available to members of the public and also suggested that the legislature revise the statute to recognize the use of electronic and other types of communications. Minn. Dept. of Admin. Advisory Op. 08-15. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 4 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.13 The law applies to informational meetings. The Minnesota Supreme Court has held that the open meeting law applies to all gatherings of members of a governing body, regardless of whether or not action is taken or contemplated. Thus, a gathering of members of a public body for an informational seminar on matters currently facing the body or that might come before the body must be conducted openly.14 However, a 1975 attorney general opinion stated that city council attendance at a League of Minnesota Cities training program for city officials did not violate the open meeting law ifthe members did not discuss specific municipal business. 15 Under a 2007 law, it appears that informational meetings ofthe Legislative-Citizen Commission on Minnesota Resources may be closed.16 The law does not cover chance or social gatherings. The open meeting law does not apply to chance or social gatherings of members of a public body.17 However, a quorum ofa public body may not, as a group, discuss or receive information on official business in any setting under the guise of a private social gathering.18 The law does not apply to certain types of advisory groups. The Minnesota Court of Appeals has held that the open meeting law does not apply to certain types of advisory groupS.19 In that case, a presidential search advisory committee to the University of Minnesota Board of Regents was held not to be a committee ofthe governing body for purposes of the open meeting law. In reaching its holding, the court pointed out that no regents were on the search committee and that the committee had no power to set policy or make a final decision. It is not clear if a court would reach the same result if members of the governing body were also on the advisory committee. Depending on the number of members of the governing body involved and on the form ofthe delegation of authority from the governing 13 Sovereign v, Dunn, 498 N.W.2d 62 (Minn. App. 1993). 14 St, Cloud Newspapers, Inc, v, District 742 Cmty, Schools, 332 N.W.2d I (Minn. 1983). IS Op, Att'y Gen. 63a-5, Feb. 5, 1975. 16 Minn. Stat. ~ 116P.08, subd. 5 ("(a) Meetings of the commission, committees or subcommittees ofthe commission, technical advisory committees, and peer review panels must be open to the public. The commission shall attempt to meet throughout various regions of the state during each biennium. For purposes of this subdivision, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction ofthe commission, a committee or subcommittee of the commission, a technical advisory committee, or a peer review paneL (b) For legislative members of the commission, enforcement of this subdivision is governed by section 3.055, subdivision 2. For nonlegislative members of the commission, enforcement of this subdivision is governed by section 13D.06, subdivisions I and 2," (emphasis added)). 17 St, Cloud Newspapers. Inc., 332 N,W,2d at 7. 18 Moberg, 336 N.W.2d at 518, 19 The Minnesota Daily v, University of Minnesota, 432 N,W.2d 189 (Minn, App. 1988). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 5 body to the members, a court might consider the advisory committee to be a committee of the governing body. A separate law applies to the legislature. In 1990, the legislature passed a law separate from the open meeting law that requires all legislative meetings be open to the public." The law applies to House and Senate floor sessions and to meetings of committees, subcommittees, conference committees, and legislative commissions. For purposes of this law, a meeting occurs when a quorum is present and action is taken regarding a matter within the jurisdiction of the group. Each house of the legislature must adopt rules to implement these requirements. Remedies provided under these rules are the exclusive means of enforcing this law. Requirements of the Open Meeting Law The primary requirement of the open meeting law is that meetings be open to the public. The law also requires that votes in open meetings be recorded in a joumal and that the journal be open to the public. The vote of each member must be recorded on appropriations of money, except for payments of judgments and claims and amounts fixed by statute.'1 A straw ballot to narrow the list of candidates for city administrator and not made public was held to be a secret vote in violation ofthe open meeting law.22 Open meetings must be held in a public place within the borders ofthe public body." Meetings may be held by interactive television if specified conditions are met to ensure openness and accessibility for those who wish to attend." . Specific agencies have broader authority to hold meetings by telephone conference call or other electronic means as long as,specified conditions are met to ensure openness and accessibility for those who wish to attend. In addition, a meeting of any public body may be conducted by telephone or other electronic means if a health pandemic or other emergency makes meeting in person impractical or imprudent and all of the same conditions as for other meetings held by telephone conference call or other electronic means are met, unless unfeasible due to the pandemic or emergency. In general, those conditions include the following: 20 Minn. Stat. ~ 3.055 (added by Laws 1990, ch, 608, art. 6, ~ I). 21 Minn. Stat. ~ 13D.OI, subds. 4 and 5. 22 Mankato Free Press Co" 563 N.W.2d at 295-96. " Quast v, KYlutson, 150 N.W.2d 199, 200 (Minn. 1967) (school board meeting held 20 miles outside the jurisdiction of the school board at a private office did not comply with open meeting law; consolidation proceedings were fatany defective because the resolution by which the proceedings were initiated was not adopted at a public meeting as required by law). "Minn. Stat. ~ 13D.02. See also Minn. Stat. ~ 471.59, subd. 2 Goint powers board for educational purposes). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 6 . All members ofthe body can hear one another and can hear all discussion and testimony . Members of the public at the regular meeting location can hear all discussion, testimony, and votes . At least one member of the body, chief legal counsel, or chief administrative officer is present at the regular meeting location . All votes are conducted by roll call . The public body must allow a person to monitor the meeting electronically from another location. The body may require the person to pay for any documented additional costs the body incurs as a result of the additional connection . The public body must give notice of the regular meeting location, ofthe fact that some members may participate by telephone or other electronic means, and ofthe right ofthe public to monitor the meeting from another location" The law requires public bodies to give notice oftheir meetings. In 1974, the Minnesota Supreme Court held that failure to give notice of a meeting is a violation of the open meeting law.26 The court has also held that it is a violation of the open meeting law to conduct business before the time publicly announced for a meeting.27 In 1987, the legislature spelled out the notice requirements in statute for regular, special, emergency, and closed meetings. _~~li!li'irBfu'l!l1t!St!fd"(}';l!I[~'lfu1!f€iwm"!r. ,T>"O'""~"'''-'''>''''''''S''''-''''''''')l''''''"'''''''~tl_ . n' '~'l.""^~.t-,.""",,,,,,,,,~} .Neep~s~uou.u-fe" ',-IiJFi''P(tS';''.: ~~r;{J;J:~~~:",~'&~,C\~:uti~:_,.8'1g~2..'U!P.#~Lli"I.'floGt;i);'i" · Wl_~S!~~~lIi81l~q:_~~~m.!),,\li~~\l'~~~a~.~fl "Minn. Stat. ~~ 13D.021 (health pandemic, other emergency); 35,0661 (Board of Animal Health during restricted travel for animal health reasons); 41A.0235 (Minnesota Agricultural and Economic Development Board); 41B.026 (Rural Finance Agency); 116J.68, subd. 5 (Small Business Development Center Advisory Board); 116L.03, subd. 8 (Minnesota Jobs Skills Partnership Board); 116L.665, subd. 2a (Governor's Workforce Development Council); 116M,15, subd. 5 (Urban Initiative Board); 116U,25 (Explore Minnesota Tourism Council); 129C.105 (perpich Center for Arts Education); 248.10 (Rehabilitation Council for the Blind); 256.482, subd. 5b (Minnesota State Council on Disability); 256.975, subd. 2a. (Minnesota Board on Aging); 256C.28, subd. 7 (Commission of Deaf, Deaf.Blind, and Hard of Hearing Minnesotans); 268A.02, subd, 3 (State Rehabilitation Council and Statewide Independent Living Council); 326B.32, subd. 7 (Board of Electricity); 326B.435, subd. 7 (Board of Plumbing); 341.26 (Combative Sports Commission); 462A.041 (Minnesota Housing Finance Agency), 26 Sullivan v, Credit River Township, 217N,W.2d 502 (1974). 27 Merzv. Leitch, 342 N.W.2d 141, 145 (Minn. 1984). 28 Minn. Stat. ~ 13D.04, subd. I (~ 13D.04, previously ~ 471.705, subd. Ic, was added by Laws 1987, ch. 313, ~ I), 29 Minn. Stat. ~ 13D.04, subd. 2; Rupp v, Mayasich, 533 N.W.2d 893 (Minn. App. 1995) (bulletin board must be reasonably accessible to the public), A February 3, 2004, advisory opinion by the Commissioner of House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 7 · Make good faith efforts to notifY news media that have filed written requests (with telephone numbers) for notice of emergency meetings (special meetings called because of circumstances that require immediate consideration)" The same notice requirements apply to closed meetings.'! For state agencies, absent any other specific law governing notice, publication requirements can be satisfied by pilblishing notice in the State Register." The law requires relevant materials to be publicly available. The open meeting law requires that for open meetings, at least one copy of any printed material prepared by the public body and distributed or available to all members of the public body also be available in the meeting room for inspection by the public. This requirement does not apply to materials that are classified as other than public under the Government Data Practices Act." Exceptions to the Open Meeting Law A closed meeting, except one closed under the attorney-client privilege, must be electronically recorded at the expense ofthe public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting." The law does not apply to state agency disciplinary hearings. The open meeting law does not apply to any state agency, board, or commission when exercising quasi-judicial functions involving disciplinary hearings." Certain meetings involving employee evaluation or discipline must be closed. A public body must close meetings for preliminary consideration of allegations or charges against an individual subject to its authority." If the members ofthe public body conclude that discipline may be warranted as a result ofthose charges, further meetings or hearings relating to Administration stated that a public body's actions at a special meeting are limited to those topics included in the notice of special meeting. Minnesota Department of Administration Advisory Opinion 04-004. "Minn. Stat. ~ I3D.04, subd. 3. ,! Minn. Stat. ~ I3D.04, subd. 5. " Minn. Stat. ~ I3D.04, subd. 6. " Minn. Stat. ~ I3D.Ol, subd. 6. "Minn. Stat. ~ I3D.05, subd. I, c1. (d). " Minn. Stat. ~ I3D.OI, subd. 2 (2); see also Zahavy v. University of Minnesota, 544 N.W.2d 32, 41-42 (Minn. App. 1996). "Minn. Stat. ~ I3D.05, subd. 2 (b). House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 8 the charges must be open. subject of the meeting. Meetings must also be open at the request of the individual who is the Statutes other than the open meeting law may permit or require closed meetings for certain local governmental bodies to conduct specific kinds of disciplinary hearings. For example, school board hearings held to discharge or demote a teacher are private unless the affected teacher wants a public hearing.37 A public body may close a meeting to evaluate the performance of an individual who is subject to its authority." Before closing a meeting, the public body must identify the individual to be evaluated. The public body must summarize the conclusions ofthe evaluation at its next open meeting. An evaluation meeting must be open at the request of the subject of the meeting. A meeting must be closed if an individual's medical records governed by Minnesota Statutes, section 144.291 to 144.298, are discussed." A meeting may be closed to discuss labor negotiatious. The open meeting law permits a public body to hold a closed meeting to discuss strategy and proposals for labor negotiations conducted under the Public Employment Labor Relations Act." The statute specifies procedures for tape-recording of these meetings, and for the recordings to become public when negotiations are completed.'1 Another law permits the Commissioner ofthe Bureau of Mediation Services to close negotiations and mediation sessions between public employers and public employees. These negotiations are public meetings, unless the commissioner closes them." The law permits closed meetings based on a limited attorney-client privilege. In 1976, the Minnesota Supreme Court held that there is a limited exception, based on the attorney-client privilege, for meetings to discuss strategy for threatened or pending litigation." In 1990, the legislature added the attorney-client exception to the open meeting law." Although the statute is not limited, the court has since held that the scope of the exception remains limited in relation to the open meeting law." 37 Minn. Stat. ~ 122A.41, subd. 9. "Minn. Stat. ~ 130.05, subd. 3(a). "Minn. Stat. ~ 130.05, subd. 2. 40 Minn, Stat. ~ 130,03, subd. 1. 41 Minn. Stat. ~ 130.03, subd. 2, 42 Minn. Stat. ~ 179A.14, subd. 3. 4' Minneapolis Star & Tribune Co, v, Housing & RedevelopmentAuth., 251 N.W.2d 620,626 (1976). 44 Minn, Stat. ~ 130.05, subd. 3(b) (added by Laws 1990, ch. 550 ~ 2). " Star Tribune v. Board of Ed, Special School Dist, No, 1, 507 N.W.2d 869 (Minn. App. 1993) review denied (Mllm. Dec. 22, 1993). The court of appeals did not accept the argument that the statutory exception encompassed the full attorney-client privilege because that woutd result in the exception swallowing the rule in favor of open meetings. In 2002, the Minnesota Supreme Court restated that the attorney-client privilege exception only applies House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 9 The attorney-client privilege exception does not apply to a mere request for general legal advice. Nor does it apply when a governing body seeks to discuss with its attorney the strengths and weaknesses of a proposed legislative enactment (like a city ordinance) that may lead to future lawsuits because that can be viewed as general legal advice. Furthermore, discussion of proposed legislation is just the sort of discussion that should be public." In order to close a meeting under the attorney-client privilege exception, the governing body must give a particularized statement describing the subject to be discussed. A general statement that the meeting is being closed to discuss pending or threatened litigation is not sufficient." A meeting may be closed to address certain security issues. If disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses, a meeting may be closed to: . receive security briefings and reports, . discuss issues related to security systems, . discuss emergency response proce~ures, and . discuss security deficiencies in or recommendations regarding public services, infrastructure, and facilities. Before closing a meeting, the public body must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting. A closed meeting must be tape-recorded at the expense of the governing body, and the recording must be preserved for at least four years. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting." when the purposes for the exception outweigh the purposes of the open meeting law. In that case, the city council was threatened with a lawsuit if it did not grant a request. The court found that the threat of a lawsuit did not warrant closing the meeting. Prior Lake American v, Mader, 642 N,W.2d 729 (Minn. 2002) (en bane). Cf Brainerd Daily Dispatch v, Dehen, 693 N.W.2d 435 (Minn. App, 2005) (applying analysis of Star Tribune and Prior Lake American, finding threats were sufficiently specific and imminent that confidential consultation with legal counsel appointed by city's insurer to discuss defense strategy or reconciliation to address a tbreatenea lawsuit justified closing the meeting), " Northwest Publications, Inc. v, City ofSt, Paul, 435 N.W.2d 64, 68 (Minn. App. 1989); Star Tribune, 507 N.W.2d at 872. "The Free Press v. County of Blue Earth, 677N.W.2d 471 (Minn. App. 2004). "Minn. Stat. ~ 13D.05, subd. 3. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 10 A meeting may be closed to discuss certain issues relating to government property sales or purchases. A public body may close a meeting to: . determine the asking price for real or personal property to be sold by the government entity; . review confidential or nonpublic appraisal data; and . develop or consider offers or counteroffers for the purchase or sale of real or personal property. Before holding a closed meeting, the public body must identify on the record the particular property that is the subject of the closed meeting. The proceedings must be tape-recorded at the expense ofthe public body. The recording must be preserved for eight years after the date of the meeting and made available to the public after all property discussed at the meeting has been purchased or sold or the governing body has abandoned the purchase or sale. The property that is the subject of the closed meeting must be specifically identified on the tape. A list of members and all other persons present at the closed meeting must be made available to the public after the closed meeting. If an action is brought claiming that public business other than discussions allowed under this exception was transacted at a closed meeting held during the time when the tape is not available to the public, the court would review the recording of the meeting in camera and either dismiss the action if the court finds no violation, or permit use of the recording at trial (subject to protective orders) ifthe court finds there is a violation." An agreement reached that is based on an offer considered at a closed meeting is contingent on approval of the public body at an open meeting. The actual purchase or sale must be approved at an open meeting after the notice period required by statute or the governing body's internal procedures, and the purchase price or sale price is public data. 50 There is a narrow exception for certain meetings of public hospital boards. Boards of public hospitals and certain health organizations may close meetings to discuss competitive market activities and contracts.'! On-site inspections by town board members are not subject to the law. The law does not apply to a gathering oftown board members to perform on-site inspections, if the town has no employees or other staff able to perform the inspections and the town board is acting essentially in a staff capacity. The town board must make good faith efforts to provide notice of the inspections to the media that have filed a written request, including a telephone "Minn. Stat. ~ 13D,05, subd, 3, referring to ~ 13D.03, subd. 3. 50 Minn, Stat. ~ 13D.05, subd. 3. Property appraisal data covered by this law is described in Minnesota Statutes, section 13.44, subdivision 3. ,! Minn. Stat. ~ 144.58t, subds. 4 and 5. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 11 number, for notice. Notice must be by telephone or by any other method used to notifY the members of the public body." The law does not apply to meetings of the Commissioner of Corrections." The law specifies how it relates to the Government Data Practices Act. Except as specifically provided, public meetings may not be closed to discuss data that are not public data under the Government Data Practices Act." Data that are not public may be discussed at an open meeting without liability, if the matter discussed is within the public body's authority and if it is reasonably necessary to conduct the business before the public body." A portion of a meeting must be closed ifthe following data are discussed: . Data that would identifY alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults" . Active investigative data collected by a law enforcement agency, or internal affairs data relating to alleged misconduct by law enforcement personnel" . Certain types of educational, health, medical, welfare, or mental health data that are not public data" Penalties The open meeting law provides a civil penalty of up to $300 for intentional violation." A person who is found to have intentionally violated the law in three or more legal actions involving the same governmental body forfeits the right to serve on that body for a time equal to the term the person was serving. The Minnesota Supreme Court has held that this removal provision is constitutional only if the conduct constitutes malfeasance or nonfeasance and provided that the violations occurred after the person had a reasonable amount of time to learn the responsibilities of office." "Minn. Stat. ~ 366.01, subd. 11. 53 Minn. Stat. ~ 13D.Ol, subd. 2 (1). This exception does not make sense. Unti11982, the exception was for meetings of the corrections board-a multimember body. A 1983 instruction directed the revisor of statutes to change ,"corrections board" to "commissioner of corrections" throughout the statutes. Laws 1983, ch. 274, ~ 18. " Minn. Stat. ~ 13D.05, subd. 1. "Minn. Stat. ~~ 13.03, subd. 11, 13.05, subd. 4, ~ (e), and 13D.05, subd, 1. "Minn. Stat. ~ 13D.05, subd. 2 (a)(I). "Minn. Stat. ~ 13D.05, subd. 2 (a)(2). "Minn. Stat. ~ 13D.05, subd. 2 (a)(3). "Minn. Stat. ~ 13D.06. " Claude v, Collins, 518 N.W.2d 836, 843 (Minn. 1994) (discussing the constitutionality of provision relating to removal from office); see also Brown v. Cannon Falls Township, 723 N.W.2d 31, 41.44 (Minn. App. 2006) (discussing the statutory history and that since 1994 the statute has required three or more legal actions), House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 12 A public body may not pay a civil penalty on behalf of a person who violated the law. However, a public body may pay any costs, disbursements, or attorney fees incurred by or awarded against a member of the body in an action under the open meeting law if the member was found not guilty of a violation.6! A court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under the open meeting law. However, the following conditions apply: . A court may award costs and attorney fees to a defendant only if it [mds that the action was frivolous and without merit . A court may award monetary penalties or attorney fees against a member of a public body only if the court finds there was an intent to violate the open meeting law The court must award reasonable attorney fees to a prevailing plaintiff if the public body was also the subject of a prior written opinion issued by the Commissioner of Administration, and the court finds that the opinion is directly related to the cause of action being litigated and that the public body did not follow the opinion." The appropriate mechanism to enforce the open meeting law is to bring an action in district court seeking injunctive relief or damages. The statute does not provide for a declaratory judgment action." The Minnesota Supreme Court has held that actions taken at a meeting held in violation ofthe open meeting law are not invalid or rescindable." Advice Public bodies subject to the open meeting law may seek advice on the application of the law and how to comply with it from'three sources: . The governmental entity's attorney . The attorney general" . The Commissioner of Administration66 6! Op, Att'y Gen. 471-a, Dec. 31, 1992; Minn. Stat. S 13D.06, subd. 4 (c). " Minn, Stat. S 13D,06, subd. 4. 63 Rupp v, Mayasich, 561 N.W,2d 555 (Minn. App. 1997). 64 Sullivan v, Credit River Township, 299 Minn. 170, 176-177, 217N.W.2d 502, 507 (Minn. 1974). " Under Minnesota Statutes, section 8.06, the attorney general is the attorney for all state officers and boards or commissions created by law. Under Minnesota Statutes, section 8.07, the attorney general, on request from an attorney for a county, city, town, public pension fund, school board, or unorganized area, gives written opinions on matters of public importance. House Research Department Minnesota Open Meeting Law Revised: November 2008 Page 13 An individual may seek advice from two sources: . The individual's attorney . The Commissioner of Administration" Since 2003, an individual who disagrees with the manner in which members of a governing body perform their duties under the open meeting law may request the Commissioner of Administration to give a written opinion on the governing body's compliance with the law. A governing body or person requesting an opinion of the Commissioner of Administration must pay a $200 fee ifthe commissioner issues an opinion. The commissioner may decide not to issue an opinion. If the commissioner decides not to issue an opinion, the commissioner must notify the requester within five days of receipt of the request. If the commissioner decides to issue an opinion, it must be done within 20 days of the request (with a 30-day extension possible for good cause and notice to the requester). The governing body must be allowed to explain how it performs its duties under the law. Opinions of the Commissioner of Administration are not binding, but a court must give the opinions deference. However, a governing body that follows an opinion is not liable for fines, attorney's fees or any other penalty, or forfeiture of office. For more information about open meetings and other issues related to the government, visit the government operations area of our web site, www.house.mnlhrdlissinfo/gv_state.htm. 66 Minn, Stat. ~ 13.072, subds. 1 and 2. 67 Id.; see www.ipad.state.rnn.us/opinionsJindex.html for access to prior opinions of the Commissioner of Administration or to fInd out how to request an opinion. A 1MCnft\e/\T 2 I MINNESOTA STATUTES 2008 13D.Ol MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS. Subdivision I. In executive branch, local government. All meetings, including executive sessions, must be open to the public (a) of a state (1) agency, (2) board, (3) commission, or (4) department, when required or permitted by law to transact public business in a meeting; (b) of the governing body of a (1) school district however organized, (2) unorganized territory, (3) county, (4) statutory or home rule charter city, (5) town, or (6) other public body; (c) of any (1) committee, (2) subcommittee, (3) board, (4) department, or (5) commission, of a public body; and (d) ofthe governing body or a committee of: (1) a statewide public pension plan defined in section 356A.Ol, subdivision 24; or (2) a local public pension plan governed by section 69.77, sections 69.771 to 69.775, or chapter 354A, 422A, or 423B. Subd. 2. Exceptions. This chapter does not apply Copyright (Q 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2008 13D.OI (1) to meetings of the commissioner of corrections; (2) to a state agency, board, or commission when it is exercising quasi-judicial functions involving disciplinary proceedings; or (3) as otherwise expressly provided by statute. Subd. 3. Subject of and grounds for closed meetiug. Before closing a meeting, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd. 4. Votes to be kept in journal. (a) The votes ofthe members of the state agency, board, commission, or department; or of the governing body, committee, subcommittee, board, department, or commission on an action taken in a meeting required by this section to be open to the public must be recorded in a journal kept for that purpose. (b) The vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. Subd. 5. Public access to journal. The journal must be open to the public during all normal business hours where records of the public body are kept. Subd. 6. Public copy of members' materials. (a) In any meeting which under subdivisions 1, 2, 4, and 5, and section 13D.02 mnst be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and: (1) distributed at the meeting to all members of the governing body; (2) distributed before the meeting to all members; or (3) available in the meeting room to all members; shall be available in the meeting room for inspection by the public while the governing body considers their subject matter. (b) This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in section 13D.03 or other law permitting the closing of meetings . History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; ISp2001 c 10 art 4 s 1 Copyright C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 MINNESOTA STATUTES 2008 13D.02 13D.02 MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS. Subdivision 1. Conditions. A meeting governed by section 13D.Ol, subdivisions 1,2,4, and 5, and this section may be conducted by interactive television so long as: (1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present; (2) members ofthe public present at the regular meeting location ofthe body can hear and see all discussion and testimony and all votes of members ofthe body; (3) at least one member ofthe body is physically present at the regular meeting location; and (4) each location at which a member ofthe body is present is open and accessible to the public. Subd. 2. Members are present for quorum, participation. Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 3. Monitoring from remote site; costs. Ifinteractive television is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection. Subd. 4. Notice of regular and all member sites. If interactive television is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in section 13D.04. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990c550s2,3; 1991 c292art8s12; 1991 c319s22; 1994c618art 1 s39; 1997c 154s2 Copyright <C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 MrNNESOTA STATUTES 2008 13D.021 13D.021 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS; CONDITIONS. Subdivision 1. Conditions. A meeting governed by this section and section 13D.Ol, subdivisions 1,2, 4, and 5, may be conducted by telephone or other electronic means so long as the following conditions are met: (1) the presiding officer, chieflegal counsel, or chief administrative officer for the affected governing body determines that an in-person meeting or a meeting conducted under section 13D.02 is not practical or prudent because of a health pandemic or an emergency declared under chapter 12; (2) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (3) members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration; (4) at least one member of the body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency declaration; and (5) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded. Subd. 2. Members are present for quorum, participation. Each member ofthe body participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in.all proceedings. Subd. 3. Monitoring from remote site; costs. Iftelephone or another electronic means is used to conduct a meeting, to the extent practical, the body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making a connection to pay for the documented additional cost that the body incurs as a result ofthe additional connection. Subd. 4. Notice of regular and all member sites. Iftelephone or another electronic means is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of subdivision 3. The timing and method of providing notice is governed by section 13D.04 ofthe Open Meeting Law. Copyright @2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1 MINNESOTA STATUTES 2008 13D.03 13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY. Subdivision 1. Procedure, (a) Section 13D.Ol, subdivisions 1,2,4,5, and section 13D.02 do not apply to a meeting held pursuant to the procedure in this section. (b) The governing body ofa public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to sections l79A.Ol to l79A.25. ( c) The time of commencement and place of the closed meeting shall be announced at the public meeting. (d) A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. Subd. 2. Meeting must be recorded. (a) The proceedings of a closed meeting to discuss negotiation strategies shall be tape-recorded at the expense ofthe governing body. (b) The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. Subd. 3. Ifviolatiou claimed. ,(a) If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this section during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera. (b) If the court finds that this section was not violated, the action shall be dismissed and the recording shall be sealed and preserved in the records ofthe court until otherwise made available to the public pursuant to this section. (c) If the court finds that this section was violated, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 4,62 s 27; 1987 c313 sl; 1990c550s2,3; 1991 c 292 art8s 12; 1991 c319 s 22; 1994c618art 1 s39; 1997c 154s2 Copyright If;:) 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. MINNESOTA STATUTES 2008 13D.04 13D.04 NOTICE OF MEETINGS. Subdivision 1. Regular meetings. A schedule of the regular meetings of a public body shall be kept on file at its primary offices. If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided in this section for a special meeting. Subd. 2. Special meetings. (a) For a special meeting, except an emergency meeting or a special meeting for which a notice requirement is otherwise expressly established by statute, the public body shall post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board, on the door of its usual meeting room. (b) The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body. This notice shall be posted and mailed or delivered at least three days before the date ofthe meeting. ( c) As an alternative to mailing or otherwise delivering notice to persons who have filed a written request for notice of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or, ifthere is none, in a qualified newspaper of general circulation within the area of the public body's authority. (d) A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the public body is required to send notice to that person only concerning special meetings involving those subjects. (e) A public body may establish an expiration date for requests for notices of special meetings pursuant to this subdivision and require refiling of the request once each year. (f) Not more than 60 days before the expiration date of a request for notice, the public body shall send notice of the refiling requirement to each person who filed during the preceding year. Subd. 3. Emergency meetings. (a) For an emergency meeting, the public body shall make good faith efforts to provide notice ofthe meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. (b) Notice ofthe emergency meeting shall be given by telephone or by any other method used to notify the members of the public body. (c) Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. Copyright iO 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2 MINNESOTA STATUTES 2008 13D.04 (d) Notice shall include the subject of the meeting. Posted or published notice of an emergency meeting is not required. (e) An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. (f) If matters not directly related to the emergency are discussed or acted upon at an emergency meeting, the minutes of the meeting shall include a specific description ofthe matters. (g) The notice requirement of this subdivision supersedes any other statutory notice requirement for a special meeting that is an emergency meeting. Subd. 4. Recessed or continued meetings. (a) If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. (b) For purposes ofthis subdivision, the term "meeting" includes a public hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a public hearing by a public body. Subd. 5. Closed meetings. The notice requirements of this section apply to closed meetings. Subd. 6. State agencies. For a meeting of an agency, board, commission, or department of the state: (I) the notice requirements of this section apply only if a statute governing meetings of the agency, board, or commission does not contain specific reference to the method of providing notice; and (2) all provisions ofthjs section relating to publication are satisfied by publication in the State Register. Subd. 7. Actual notice. If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this section are satisfied with respect to that person, regardless of the method of receipt of notice. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 d19 s 22; 1994 c 618 art 1 839; 1997 cl54 s 2 Copyright@ 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Agenda Item 7.a. MEMO TO: DuWayne Konewko, Community and Park Director Historical Preservation Commission FROM: Jennifer Haskamp, Pulse Land Group DATE: RE: January 20, 2008 Comprehensive Plan Update INTRODUCTION On December 8, 2008 the City Council recommended the Draft Comprehensive Plan Update, This action was the first step in moving the document forward to ultimate adoption and therefore the policy direction of the City over the next ten years. Although the Draft was adopted, there remains time in which the Council and other Commissions can review the document to ensure that the information in the document accurately reflects the goals and objectives of the community moving forward. As a courtesy, and in light of the timeline, the Council has directed Staff to bring the draft document to each commission to solicit any feedback on the document in its entirety. BACKGROUND AND TIMELlNE The Comprehensive Plan is a large document that includes eleven chapters each addressing a different issue related to land use, development, infrastructure or the environment. The Comprehensive Plan Update process was structured to allow each commission to comment and develop the chapter that most directly related to the responsibilities of that commission. The Historical Preservation Commission drafted, reviewed and commented on the Historical Resources Chapter (Chapter 9) in the fall of 2008. Since the Historical Preservation Commission reviewed the chapter, the Planning Commission held a public hearing to review the entire Comprehensive Plan Update draft and recommended the document to the City Council. The document has been publicly reviewed at numerous meetings, and there were not any significant comments or changes made to the Historical Resources chapter. CHAPTER HIGHLIGHTS The Historical Resources chapter focuses on the need to create a good system to inventory, understand and protect the historical resources in the City, The chapter expresses the importance of having a clear set of goals and objectives supported by an action plan to ensure that the historical resources of Maplewood are protected. Although the planning efforts and objectives for historical preservation are in Chapter 9, the idea of historical significance and preservation is interwoven throughout the entire Comprehensive Plan. Moving forward, the city recognizes that the historical context and resources in the city help to define the character of the community and therefore has reaching power across most planning efforts. RECOMMENDATION Staff is recommending that the Historic Preservation Commission review Chapter 9 once again to ensure that the chapter addresses the issues, concerns, or goals for the next planning period. Staff has also provided you with a copy of the Comprehensive Plan Update in its entirety if you are interested in seeing how Chapter 9 fits into the larger document. Please come to the meeting prepared to discuss the Historical Resources Chapter and bring any other comments you might have about the document. It is our intent to pass along all comments/concerns to the City Council for their consideration and potential action, Attachments: Hard Copy of the Historical Resources Chapter of the Draft 2008 Comprehensive Plan Disk Containing all Eleven Chapters of the Draft 2008 Comprehensive Plan Chapter 9: Historical Resources Introduction Maplewood was incorporated in 1957. Before that, it was the Township of New Canada, which was founded 99 years earlier in 1858 when the Minnesota Territory became a state, Historical Resources are defined as properties and structures of historical significance and Importance as well as archeological sites and elements of cultural and traditional importance. These resources contribute to the City by providing information about Its past. They provide evidence of the way Maplewood was settled and people's contributions made to our society. They also provide insight into the values that formed Maplewood. Preserving historic sites and resources benefits the City, both economically and socially, Historic preservation goes beyond the primary concern of understanding the significance of historic and cultural resources, It also focuses on integrating historic preservation into the broader planning and decision-making arena, so it can be relevant to social and economic concerns, The Maplewood Comprehensive Plan will, among other things: . Guide future growth and development in an orderly manner. . Define the proper functional relationships between different types of land uses. . Help to coordinate public and private sector decisions. . Establish a framework to guide and involve citizen participation in City government. . Provide for a sense of community and neighborhood identity. These goals can be supported by an effective Historical Resources Plan. The plan can also be supported by citizens and decision-makers who use the guidance of this chapter to preserve historic, cultural, and archeological resources in Maplewood. Purpose This Historical Resources Plan supports and interrelates with all elements, goals, and objectives of the comprehensive plan. The purpose of the Historical Resources Plan is to: . Guide the City in a comprehensive program of historic preservation and historic resource management. . Describe the existing historic resources and historic preservation activities in Maplewood. . Evaluate the historic preservation and historic resources needs of Maplewood's residents, as may be determined by the Historical Preservation Commission, and to set standards for measuring the meeting of those needs. . Promote the use and conservation of historic properties In Maplewood for the education, inspiration, pleasure, and enrichment of area citizens. . Plan for adequate support and understanding of the historic resources in Maplewood. . Designate the goals, objectives and actions that Maplewood will use to help preserve the historic resources in the city. Historical Resources 9-1 Discussion, Challenges and Issues Maplewood began to be settled by European descents more than 100 years ago. The City is interested in identifying its historic resources, The Historic Preservation Commission will be challenged in this task because of: . The aging of our citizens who have knowledge of historic places. . The limits in public funding to support historic preservation programs. . The development or redevelopment of sites that might have historic resources, . The current lack of a program which encourages historical interest and private owner acceptance of properties that have historic resources. There are opportunities available, however. Maplewood could build on these opportunities to develop a program to help preserve the City's heritage. These opportunities include: . Completing an inventory of historic resources in Maplewood and setting priorities of importance. . Working with knowledgeable preservation-oriented organizations. Working with county, state, and federal agencies that have knowledge of historic resources and programs. The Metropolitan Council's "Local Planning Handbook" has several suggested guidelines for an historic preservation plan. These include standards for establishing a Heritage Preservation Commission and practices to follow. The Handbook also recommends following the Secretary of Interior's Standards and Guidelines for Archeology and Historic Preservation which include standards for preservation planning and guidelines and activities for a preservation-planning program. Standards for Preservation PlanninCl o Historic Contexts 1. Decisions about historic properties are most reliably made when the relationship of individual properties to other similar properties is understood, Information about historic properties which represent aspects of history, architecture, archeology, engineering, and culture must be collected and organized to define these relationships. This organizational framework is called a "historic context." The historic context organizes information based on a cultural theme and its geographical and chronological limits. Contexts describe the significant broad patterns of development in an area that may be represented by historic properties. The development of historic contexts is the foundation for decisions about identification, evaluation, registration, and treatment of historic properties, 2, Develop goals, objectives, and priorities for the identification, registration, and treatment of historic properties. This task should be pursued by the City, the Historical Preservation Commission, and the Maplewood Area Historical Society after the City Council adopts this plan. Historical Resources 9-2 Guidelines and Activities for a Preservation Plannina Proaram o These guidelines are to include a development of Historic Contexts. A comprehensive summary of Maplewood's history can be created by developing a set of historic contexts that will include all significant historic and cultural properties and sites in the City. Maplewood should coordinate any efforts with the State Historic Preservation Office since it generally has the most complete information and is usually in the best position to advise and assist the City in matters of historical importance. o Once the City and the Historical Preservation Commission or the Maplewood Area Historical Society has finished the inventory of Heritage Resources, they should be organized into historic contexts. This organization should be based on a cultural theme, geography and chronology. o The designation of Maplewood Heritage Landmarks should be given to those historically or culturally significant objects, structure, buildings, sites and districts in the City. To be designated a heritage landmark; a property must meet specific criteria for determining historical significance. Besides local registration, certain properties may qualify for nomination to the National Register of Historic Places. Properties on the Nationai Register are recognized for their historical significance, The creation of a register for significant historical properties is a critical step in planning historic preservation. Conflicts between Maplewood's requirements and standards for historic preservation and those of the state or federal government shall be decided by the City Council. o Maplewood is eligible to apply to the State Historical Preservation Office to be a Certified Local Government (CLG). After joining, Maplewood would be able to participate in the CLG preservation partnership that the National Historic Preservation Act established. Federal funding is available through a grants-in-aid-program to finance activities such as the local inventory of historic resources, historic preservation planning and education. Historical Resources 9-3 Historic Preservation Goals 1. Support the protection of the City's heritage by preserving, protecting, conserving, and wisely using the significant historical, cultural, architectural, or archeological objects, structures, buildings, sites, resources and districts in the City. 2. Encourage community identity and civic pride by preserving and protecting historic properties, structures, sites and resources in Maplewood. 3. Develop a historic preservation program and integrate the program with other planning programs In the City. 4. Establish a comprehensive framework for all decisions and actions related to historic preservation. 5. Encourage broad citizen participation in historic preservation, in order to obtain the knowledge, insights, and support of City residents. 6. Write a historic resources management plan. Historic Preservation Objectives 1. The Historical Preservation Commission will advise, assist and make recommendations to the City Council, about historic preservation and resource matters, 2. Maplewood will implement the historic preservation goals and objectives by linking and integrating with other City programs and activities, This includes, but is not limited to, planning, zoning, code enforcement, housing, economic development and pubiic works as appropriate. 3, Maplewood will work with county, state and federal agencies and other organizations, including the State Historic Preservation Office of the Minnesota Historical Society. 4. Maplewood will work with the Historicai Preservation Commission to identity, document, and evaluate the historical significance of objects, structures, buildings, sites and resources. 5. Mapiewood will protect, preserve, and enhance significant heritage resources in the City by designating them as Maplewood Heritage Landmarks. The City will also nominate appropriate sites to the National Register of Historic Places. 6, Maplewood will have the Historicai Preservation Commission, with assistance from City Staff, prepare and maintain the Maplewood Heritage Resources Inventory. 7. In cooperation with City Staff and the Maplewood Planning Commission, the Historical Preservation Commission may comment on all development proposals that would affect properties on the historic properties list. 8. Maplewood may issue permits or approve development plans that include conditions for historic preservation, based upon the recommendations of the Historical Preservation Commission, 9. Maplewood supports research, community awareness and public education on the value and importance of preservation, protection, and the use of heritage resources in the City. 10. Maplewood encourages the establishment of an accessible location where historic documents and artifacts can be stored and protected. Historical Resources 9-4 11. Maplewood supports the use of all financial sources and opportunities to support further historic preservation efforts. 12, Maplewood supports the incorporation of local history Into present development by using historic names for streets, parks and geographical features. Historic Preservation Action Plan The following is a list of activities that the City should follow in the coming years to carry out the goals and objectives of the Historic Resources Plan, The City will periodically review and update this list 1. Adopt and implement a historic resources management plan, (To be done by the City.) 2. Advise, assist, and make recommendations about historic preservation and resources issues. (To be done by the Historical Preservation Commission) 3. Identify, document, evaluate and maintain an inventory of historically significant objects, structures, buildings, sites, resources and districts in Maplewood. (To be done by the Historical Preservation Commission.) 4. Complete a preservation planning report before the City Council designates a property as a Maplewood Heritage Landmark. (To be done by the Historical Preservation Commission.) 5. Issue a finding of significance for individual objects, structures, buildings, sites, resources and districts to determine whether they are eligible for designation as Maplewood Heritage Landmarks, (To be done by the Historical Preservation Commission.) 6, Designate significant historic or cultural properties or resources as Maplewood Heritage Landmarks and nominate appropriate properties or resources for listing on the National Register of Historic Places, (To be done by the City and the Historical Preservation Commission,) 7. Place properties designated as Maplewood Heritage Landmarks on the official Maplewood Zoning Map, or on another map specifically created for this purpose. (To be done by City Staff.) 8, Use and follow the Secretary of Interior's standards and guidelines: a. When advising the owners of historic properties about maintenance and restoration work. (To be done by the City and the Historical Preservation Commission,) b, For design review decisions about Heritage Landmarks and Historically Significant Structures and for archeology and historic preservation. (To be done by the City.) 9, Review City ordinances and amend them as needed to reflect the goals and objectives for historic preservation. (To be done by the Historical Preservation Commission,) 10. Establish a program for the placement of local historical markers and plaques that identifies and informs the public about historic sites. (To be done by the City and the Historical Preservation Commission,) 11. Provide information and education about historic preservation and properties, sites or resources that are historically or culturally significant to property owners and the general public, (To be done by the City and the Historical Preservation Commission.) Historical Resources 9-5 12. Participate in education and communication programs to increase the visibility and understanding of the City's historic resources. (To be done by the Historical Preservation Commission.) 13, Advise schools and teachers in the development of curricula and teaching aids about history and historic preservation in Maplewood. (To be done by the Historical Preservation Commission,) 14. Incorporate local history into present development by using historic names for streets, parks and geographical features. (To be done by the City.) 15. Comment on all development proposals that would affect properties on the historic properties list (To be done by the Historical Preservation Commission, in cooperation with City Staff and the Maplewood Planning Commission,) 16. Review all applications or permits for the demolition, moving, or remodeling of Heritage Landmarks or Historically Significant Structures in Maplewood to determine the possible impacts on significant heritage resources. (To be done by the Historical Preservation Commission.) 17, Work with and encourage property owners to help preserve the heritage resource value and historical integrity of significant historical or cultural resources, (To be done by the City and the Historical Preservation Commission,) 18. Encourage property owners to meet historic preservation standards and guidelines when working on historic properties. (To be done by the City.) 19, Work with the Historical Preservation Commission to appiy to the State Historicai Preservation Office for certification as a Certified Local Government (CLG). (To be done by the City,) 20. Seek outside funding sources and participate where feasible on historic preservation projects, (To be done by the City and the Historical Preservation Commission.) 21. Work with County, the State Historic Preservation Office of the Minnesota Historical Society and Federal agencies when implementing this plan. (To be done by the City.) ". Historical Resources 9-6 Agenda Item 8,a, MEMORANDUM TO: FROM: SUBJECT: DATE: Historical Preservation Commission Shann Finwall, AICP, Environmental Planner HPC 2009 Goal Setting January 23, 2009 for the January 29 HPC Meeting INTRODUCTION During the November 2008 Historical Preservation Commission (HPC) meeting, the commission discussed the Certified Local Government program, This program seeks to encourage and expand local involvement in preservation issues through a partnership between the city and the State Historical Preservation Office. The purpose is to strengthen existing local preservation programs and promote the development of new programs, Certified Local Governments are eligible to apply annually for grants administered through the State Historical Preservation Office from a designated federal pass-through allocation, Prior to applying for Certified Local Government status, the city must survey and inventory historic properties and amend the historical commission ordinance to ensure that the commission has oversight authority for these properties and that there is a public process in place for historical projects, DISCUSSION Prior to applying for Certified Local Government status and completing the requirements of a survey and code amendments, the commission determined they should discuss goals and objectives for projects and preservation of sites, The city's historical resources chapter of the draft 2008 comprehensive plan, which the commission will be reviewing prior to this item, includes long-term historical preservation goals the city hopes to achieve over a 10 to 20 year period. The purpose of yearly goal setting is to review those long-term goals and determine which goals can be accomplish over the year. In addition to reviewing the historical resources chapter of the comprehensive plan, the HPC should also review the historical commission ordinance publiC policy prior to adopting goals for 2009, The public policy states: It is the public policy of the city to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this Area, The purpose of this division creating the commission is to secure for all citizens of Maplewood the opportunity to preserve and promote its historic resources through the dissemination of knowledge about area's history, All actions of the commission shall be in the nature of recommendations to the city council, and said commission shall have no final authority with reference to any matters, except as the council may lawfully delegate authority to it. RECOMMENDATION Review the long-term goals proposed in the historical resources chapter of the draft 2008 comprehensive plan and the above-mentioned historical commission ordinance powers and responsibilities and compile a list of goals which the Historical Preservation Commission would like to achieve in 2009, P:\Com-Dev\HPC\Goal Setting Memo 2 Agenda Item 11.c. MEMORANDUM TO: FROM: SUBJECT: DATE: Historical Preservation Commission Shann Finwall, AICP, Environmental Planner Historical Preservation Commission Terms January 22, 2009 for the January 29 HPC Meeting BACKGROUND The city council adopted the Historical Preservation Commission (HPC) ordinance in 2001. The ordinance states that commissioners will be appointed to three-year terms, If a commissioner is appointed mid-year, the remainder of the year will be considered the first year of the term, City council appointment policy requires that commissioners whose appointments end must re-apply and re-interview for the position, along with any outside applicants interested in serving on the commission. The city's list of commissioners and their term end dates currently specifies that Robert Creager and Lucille Aurelius have terms expiring December 31,2008, However, after researching the city council minutes there appears to be some discrepancies in the actual terms versus the city's list of term end dates as follows: Commissioner Appointment Actual Term City's List of Date End Date Term End Dates Original Commission (2/3 Year Terms) Robert Creager (2-Year Term) Richard Currie (3-Year Term) Lucille Aurelius (3-Year Term) Ron Cockriel (3-YearTerm) AI Galbraith (3-Year Term) Peter Boulay (3-Year Term) Caleb Anderson (3-Year Term) 5-29-01 7-26-04 7-26-04 7-26-04 8-28-06 8-28-06 1 0-9-06 2-25-08 12-31-06 12-31-07 12-31-07 12-31-08 12-31-08 12-31-08 12-31-10 12-31-08 12-31-09 12-31-08 12-31-10 12-31-10 12-31-10 12-31-10 DISCUSSION Based on this research and the ordinance requirement that appointments made mid-year count toward the first year, it appears that six members have terms which have ended including Robert Creager (12-31-06), Richard Currie (12-31-07), Lucille Aurelius (12-31-07), Ron Cockriel (12-31- 08), AI Galbraith (12-31-08), and Peter Boulay (12-31-08), Research into this discrepancy does not reveal why the appointments were missed, except to say that the HPC has not had a formal city employee staff liaison until now. City council appointment policy would require all six commissioners to submit an application and interview before the city council. There are currently no new applicants for the HPC, RECOMMENDATION Review the background information and be prepared to discuss the terms during the meeting, Agenda Item 11.e MEMORANDUM TO: FROM: SUBJECT: DATE: Historical Preservation Commission Shann Finwall, AICP, Environmental Planner Election of Chair and Vice-Chair January 23, 2009 for the January 29 HPC Meeting The historical commission ordinance states that the chairperson and vice- chairperson shall be elected by the commission at the first meeting in January of each year from among the members of the commission. The chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the commission, If the chairperson is unable to attend a meeting, the vice-chairperson shall conduct the meeting. The current chairperson is Ron Cockriel and the current vice-chairperson is Richard Currie. The commission should nominate and vote on a 2009 chairperson and vice-chairperson.