2005-10-24 EC Agenda PacketAGENDA
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
AND
PLANNING COMMISSION
Joint Meeting
Golden Valley City Hall, 7800 Golden Valley Road
Council Conference Room
Monday, October 24, 2005
6:00 P.M.
Joint Meeting
I. Call to Order
II. Presentation by Barry Petit of Petit & Associates
Individual Commissions Adjourn to Separate Rooms
I. Approval of Minutes — June 27, 2005
II. Deer Population Study as Requested by South Rice Lake Association
(information from Parks & Recreation Department)
III. Lighting Plan/Ordinance Request for Input (information from Planning
Department)
IV. Review of Revisions to Commission Bylaws
V. Envision Guide Feedback —
Nature Corridors
Surface Water Theme (topic report by Pawluk)
Report to City Council
VI. Program/Project Updates —
➢ Sunnyridge Lane Soil Contaminants
➢ Wirth Lake Berm Repair
➢ TH 55/Boone Avenue/General Mills Boulevard
➢ 2005 Pavement Management Project
➢ 5222 Minnaqua Drive
➢ Medley Park Creek Bank Stabilization Project
➢ 1/1 Study
➢ Three Rivers Park District Trail (Regional Bicycle Plan)
➢ Mighty Tidy Day (2005)
VII. Commission Member Council Reports
VIII. Other Business
IX. Adjourn
GAEnvironmental Commission\Agendas\2005\102405.doc
GOLDEN VALLEY ENVIRONMENTAL COMMISSION
AND
PLANNING COMMISSION
Joint Meeting
Minutes
October 24, 2005
Present: Environmental Commission - Rich Baker, Tracy Anderson, Dawn Hill,
Alan Kuentz, Jon Pawluk; Planning Commission - Steve Schmidgall,
Les Eck, Don Keysser, Peggy Rasmussen, Dave Cera, Gregg Hackett;
Others - Barry Petit, Petit & Associates
Absent: Environmental Commission - Christopher Kaisershot; City Staff -
AI Lundstrom, Environmental Coordinator; Lisa Wittman, Administrative
Assistant
City Staff: Jeff Oliver, City Engineer; Mark Grimes, Director of Planning &
Development; Bob Shaffer, City Council Member; Tracy Pharr,
Administrative Assistant
Joint Meeting
I. Design Standards, Presentation by Barry Petit of Petit & Associates
Grimes introduced Barry Petit of Petit & Associates. Petit's presentation was entitled,
"Designing Our Communities." Petit stated that there are four important topics for
community vision:
1. We (as staff and commission members) are the Board of Directors for our
community, and as such, we are entirely responsible.
2. Making decisions at 10:00 pm (as in a meeting) is a lousy way to do
business. Creativity rarely takes place in a public, late night venue.
3. Many of our decisions last for generations, while policies often change
with a change of regime.
4. Bad design lasts just as long as good design.
Therefore, designing your community should be serious business.
Petit outlined the process for coming up with "good" design:
1. Create the appropriate design document.
2. Work with the developer's architect.
3. Submit design critiques to staff for distribution.
4. Ongoing design workshop with boards and commissions.
Time was allotted for questions after Petit's presentation.
Keysser asked what the enforcement powers are to affect a decision. Petit answered
that case law is incredibly specific in substantiating the City's role in enforcement of
their requirements.
Eck asked how agreement can be reached with so many varying tastes. Petit replied
that the City and its boards and commissions should decide what is trying to be
achieved as an appropriate architectural style for the community. He also noted that
there are laws of architecture, governing standards in material and physics.
Hill asked if there should be one general reviewer for development plans. Petit stated
that great architecture is achieved through collaboration, and that lack thereof is a
problem.
Shaffer asked how these ideas impact the 60 -day rule for review of development
proposals. Petit responded that staff and commissions need to understand the rules in
advance of the 60 -day period to begin with.
The Commissions broke into their own respective groups at 7:00 pm to continue
individual commission agenda topics.
Individual Environmental Commission Meeting
Call to Order
Baker called the meeting to order at 7:03 pm.
Approval of Minutes - June 27, 2005
No changes.
MOVED by Kuentz, seconded by Hill, and the motion carried unanimously to approve
the minutes of the June 27, 2005 meeting as submitted.
III. Deer Population Study as Requested by South Rice Lake Association
(information from Park & Recreation Department)
Oliver made note of the agenda packet attachments from the Sun Post. Baker asked if
the Director of the Park & Recreation Department could address this topic at the next
Environmental Commission meeting. Oliver will inquire as to the Park & Recreation
Director's (Rick Jacobson) availability for the November 28 meeting.
Discussion ensued as to whether or not the Commission wished to pursue this topic for
further study. Commission Members agreed to hold off on making this decision until
after hearing from Jacobson.
2
IV. Lighting Plan/Ordinance Request for Input (information from Planning
Department)
Kuentz was unable to attend the October 10 joint meeting with the Planning
Commission on the lighting plan. Baker gave a brief overview of the meeting. Kuentz
asked if there was a course of action resulting from this meeting. Baker replied that
there wasn't, but it was decided that the Environmental and Planning Commissions
would hold an annual joint meeting.
Baker asked the status of the lighting ordinance. Oliver responded that a budget had
been established for development of a lighting ordinance, but the schedule for this has
yet to be determined. Baker reiterated that the Environmental Commission would like to
review and comment on the ordinance. Oliver stated that time had been built into the
process to allow for this review and comment period.
V. Review of Revisions to Commission Bylaws
Baker asked the status of this topic. Pharr replied that the Commission needs to
approve the attached revisions to their bylaws.
MOVED by Pawluk, seconded by Anderson, and the motion carried unanimously to
approve the revisions to the Environmental Commission's bylaws as are attached.
Hill asked to notify the City Council that the March 1 submittal date for the
Commission's annual report (noted in the revised bylaws) is merely a recommendation,
and could be augmented should the Council decide upon a different or standardized
date for receipt of the annual report from all boards and commissions.
VI. Envision Guide Feedback
Nature Corridors — No new information from Kuentz.
Surface Water Theme (topic report by Pawluk) — No report from Pawluk.
Report to City Council — Baker read an e-mail he had received from Assistant City
Manager Jeanne Andre as to what specifically should be included in the Commission's
report to the Council. Andre noted that she believed the Council is interested in hearing
all of the Commission's ideas, but would like the Commission to select the top one or
two issues/projects to pursue.
Baker asked the due date of this report. Pharr replied that the report was originally due
in September, but had been postponed. She added that Andre had indicated that the
report should be submitted as soon as possible. Pharr notified Andre that the
Environmental Commission would not be having a September meeting. Pharr added
that the next regularly scheduled meeting would be on October 24 (tonight) and this
would be the earliest opportunity to acquire a cohesive document.
3
Baker told Pawluk that the Commission needed to hear his report on Surface Water.
Pawluk replied that he would have it for the November meeting.
Baker stated that the main focus of the November 28 meeting would be to address this
topic. Hill asked to have a copy of Andre's e-mail included with the next agenda packet.
Pharr will include this.
VII. Program/Project Updates
Sunnyridge Lane Soil Contaminants — Staff will make a recommendation to the City
Council at their next meeting. Staff has received quotes for remediation, which includes
excavation, neutralization and disposal.
Wirth Lake Berm Repair— The trail should be reopened soon.
TH 55/Boone Avenue North/General Mills Boulevard — After recent heavy rains, the new
flood control system has worked well. Trails still remain to be paved. Vegetation is
coming in nicely. This project is being highlighted as part of a presentation at an
upcoming Water Resources Conference.
2005 Pavement Management Project — The project is almost complete. Only punch -list
items remain.
5222 Minnaqua Drive — No new information on this project.
Medley Park Creek Bank Stabilization Project — The contract for this project has been
awarded, and the preconstruction meeting has been held. Work will begin soon, and
continue into the winter months.
1/1 Study — Sump pump inspections in the Manor Area will be performed in November.
This area was not surveyed during the Water Meter Replacement Program because the
meters were replaced prior to this program, in conjunction with the Pavement
Management Project in 1997-98.
Three Rivers Park District Trail (Regional Bicycle Plan) — Staff met with Three Rivers
and Xcel Energy today to discuss utility impacts. The current target for construction is
during 2006. This trail will be located along Plymouth Avenue North, Boone Avenue,
Pennsylvania Avenue and Country Club Drive, between TH 169 and Douglas Drive.
Mighty Tidy Day (2005) — Textiles were added to the list of items that can be dropped
off. Lundstrom will give a more detailed update at the November meeting.
Proposed Developments — No new developments were discussed.
4
VIII. Commission Member Council Reports
No Council reports were given. Baker did not assign the
for review. He stated that he would call the Commission
Commission's presence was warranted at an upcoming
IX. Other Business
Items of Other Business:
November Council agendas
Members if he felt the
Council meeting.
➢ Anderson will not be in attendance at the November meeting.
➢ Pawluk has been appointed as the Environmental Commission's liaison on the
Sidewalk Committee. The next meeting is scheduled for Tuesday, November 1
at 5 pm in the Council Conference Room.
➢ The Commission asked for a detailed report on the Buckthorn Bust in the South
Rice Lake Nature Area. Lundstrom will address this at the November meeting.
➢ November agenda items include request to Parks & Recreation Director for a
presentation on the deer management issue, meeting of the Sidewalk
Committee, lighting ordinance (new action), update on Mighty Tidy Day,
presentation by Pawluk on Surface Water, Envision Guide feedback and
Program/Project Updates.
No additional business was addressed.
X. Adjourn
The next scheduled meeting will be on November 28, 2005 at 7:00 pm. The meeting
was adjourned at 8:16 pm.
Respectfully submitted,
Z"AI" I L �- 9/Z
Tracy E. Pharr
Administrative Assistant
Department of Public Works
5
Citv
Golden Val1ey
Date: September 29, 2005
Memorandum
Public Works
763-593-8030 / 763-593-3988 (fax)
To: Environmental Commission Members; Paula Pentel and Mike Freiberg,
Council Liaisons; Tom Burt, City Manager; Jeannine Clancy, Director of
Public Works; Mark Grimes, Director of Planning and Development
Through: Jeff Oliver, PE; City Engineer
Al Lundstrom, Environmental Coordinator
From: Tracy Pharr, Administrative Assistant -4-1
Subject: October 10 - Joint Commission Meeting with Planning Commission
October 24 - Regular Scheduled Environmental Commission Meeting
As you will recall from my recent e-mail correspondence, the Environmental
Commission has been invited to attend an upcoming Planning Commission meeting to
discuss a potential lighting ordinance for Golden Valley. This meeting will be held on
Monday, October 10 from 6-7:30 pm at City Hall in the Council Conference Room. A
memo and an information packet with additional details about this meeting are
enclosed.
The Environmental Commission has also been invited to attend the October 24
Planning Commission meeting, at which a presentation will be given by Barry Petit of
Petit & Associates on lighting design standards (also related to the lighting ordinance).
This meeting will be held from 6-7 pm on Monday, October 24.
Immediately following the design standards presentation (approximately 7 pm) on
October 24, the Environmental Commission will convene for regularly scheduled
business. An agenda packet is included with this memo.
Please RSVP to me at 763.593.8027, or tpharr(a)-ci.golden-valley.mn.us, by October 5
as to whether or not you will be able to attend the October 10 and October 24 meetings.
Dinner will be provided on both dates.
GAEnvironmental Commission\Memos\2005\MtgUpdate102405.doc
Gidy�
of
4
U0,Va11V
Date: October 19, 2005
To: Planning Commission
Planning
763-593-8095 / 763-593-8109 (fax)
From: Mark W. Grimes, Director of Planning and Development
Subject: Presentation by Architectural Design Consultant Barry Petit to Planning
Commission and Environmental Commission
Barry Petit will be meeting at a joint meeting of the Planning and Environmental Commissions
on Monday, October 24, 2005 at 6 pm. He served as mayor of Wayzata for 8 years up until a
year or so ago. Prior to his service as mayor, he served on the Wayzata City Council and
Planning Commission for 11 years. Barry is trained as an architect although he no longer is
providing standard architectural services. He is now a design advisor for cities. During his
service to Wayzata, he had a profound impact on the redevelopment of Wayzata. He is very
committed to helping cities to come up with design principals in order to help guide future
public and private development. Barry will share his thoughts and ideas about how cities can
help to guide and shape design in their communities.
AJ '�Tr
`,_1 Homeowners
.sett uemer
principal
amber.
Al
ew Hope,
to =expect
-dans.
seek study
of area deer
population
Golden Valley City Council
will discuss the issue at an
Aug. 9 work session
BY SUE WEBBER
Sun Newspapers
Dave and Delores Johnson's ex-
tensive gardens on Cutacross
Road in Golden Valley used to
draw throngs of sightseers each
year.
Bus tours were a frequent oc-
currence each summer, as people
trooped through the Johnsons'
yard to admire the fragrant, color-
ful beds of blossoms.
. But those flower beds also were
a focal point for some four -legged
admirers as well.
The flowers were ravaged by
deer, year after year. Johnson ap-
peared before the Golden Valley
City Council numerous times, re-
questing help in controlling the
city's deer population. But no ac-
tion was taken.
"I used to put in up to 10,000
plants a year," Johnson said. "I
had 300 roses, and they'd eat off
every bud. The deer love roses,
and they love lilies."
Even though the Johnsons
moved to Hidden Lakes two years
ago, they haven't shed the deer.
"I had one eating tulips three
feet from my front door," Johnson
said.
He isn't the only resident who
would like to see the city take action
to curb its deer population. The
Golden Valley City Council last
week received a resolution from the
South Rice Lake Association, re-
questing that the city undertake a
study of the city's deer population,
focusing on herd management.
The council agreed to discuss
the issue at its work session Aug. 9.
I DEER: To Page 14A
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Plastic netting covers most of the smaller plants in Nancy Alfton's yard in the 2500
block of Kyle Avenue, but deer still eat some, and damage many larger plants as well.
Deer
From Page 1A
"We certainly do feel it's getting
worse," said Shirley McLaughlin, a 20 -
year Golden Valley resident and past
president of the South Rice Lake Associ-
ation.
The homeowners association borders
Bassett Creek in some spots, as well as
other marshy areas where the deer are
plentiful, McLaughlin said.
"In the early years, the deer weren't
there," McLaughlin said. "Then we
began to see an occasional deer, and
everyone was charmed, of course. They
weren't much of a problem. But in the
last two or three years, they've really ex-
ploded. They're very destructive to
plants, and they don't look healthy.
They're magnificent animals, but they
don't belong in yards."
The proliferation of deer has almost
deterred her from gardening, she said,
though she does spray with animal re-
pellants such as Liquid Fence and Deer
Off.
McLaughlin also is concerned about
safety, as the deer trot back and forth
across the street.
"It's almost like an accident waiting
to happen," she said.
Not everyone in her neighborhood
agrees with the vote that was taken at the
South Rice Lake Association's annual
meeting last month, however.
"The vote should not have taken place;
it's not part of our purpose," said Jan
Olfe, a 15 -year Golden Valley resident
who is the new president of the South
Rice Lake Association.
Only about half of the group of about
20 association members was present for
the May 18 annual meeting, at which the
vote was taken. Five people voted in
favor of the survey; one voted against it,
and three abstained, Olfe said.
"Our mission is to pay attention to the
lake and surrounding area, and not any-
thing that's activist -minded," Olfe said.
"The vote was just appalling to many
people in the lake association. It's not
representative of the neighborhood. It's
a very emotional issue. Maybe a research
project is good, but it shouldn't have to
come from our lake association."
She noted that the neighborhood has
more worthwhile projects to pursue,
such as its buckthorn removal day in the
fall, and stenciling of streets.
That's not to say that Olfe hasn't been af-
fected
ffected by the deer. She is definitely seeing
more deer, she said, and they are hungry.
"I used to be a master gardener and I
learned a lot about deer," Olfe said.
DEER: To Page 15A
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PA.GE 65A
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discuss deer handling Aug. 9
sun Newspapers
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ment apparently span the Golden
Vallev-St. Louis Park border.
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city councils July 25, Jim
Vaughan, St. Louis Park's envi-
ronmental coordinator, said.
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effort."
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tween the two cities and Min-
neapolis, Vaughan said.
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Councilwoman Susan Sanger
said.
,:,,`The [deer] herds don't re-
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come up with a management
plan. It doesn't help for us to have
a plan when Golden Valley does-
n't address it."
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that the city undertake a study of
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herd management.
DEER: To Page 17A
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BYLAWS OF THE ENVIRONMENTAL COMMISSION
CITY OF GOLDEN VALLEY
Article I: Mission Statement
The Environmental Commission has been established to advise and make
recommendations to the City Council in matters relating to and affecting the
environment. Specifically, the Commission shall:
Develop and make recommendations to educate the public on environmental
regulations, policies, practices and tools;
2. Develop and make recommendations as an advisory review body for
amendments to or revisions of the city's Surface Water Management Plan and
provide advice as requested by the Council on other city programs and initiatives;
3. Review and make recommendations regarding the city's existing environmental
ordinances, policies and guidelines;
4. Develop and make recommendations on management practices for the city's
nature areas, public and private ponding areas, and other such city -owned
properties as directed by the City Council;
5. Participate, as directed by the City Council, in local activities initiated by other
public and quasi -public agencies regarding environmental issues; and Federal
geRGYi watershed MaRageMeRt ornaniZation the Beard of Water Q Soil
�LI+11 J--//, .. u....+i �v� �v�.. � � �u■ �u.J. vi � ivi �a vi yup ���u uv� �v, the Beard vt v rc+ac.�-vt-vvrr
ResE)u FG86, etc.,
Advise and recommend such other functions or procedures as may be assigned
to them by the City Code or the Council.
Article II: Membership, Meetings,. and Attendance and Annual Report
Membership
a. The Environmental Commission membership shall consist of seven (7)
members who shall serve three-year staggered terms. Emphasis in
appointments will be based on knowledge of environmental issues and their
relationships to the natural environment and quality of life in the City.
2. Meetings
a. The Commission will hold monthly meetings on the fourth Monday of the
month at 7:00 p.m.
b. A quorum consisting of a majority of the appointed membership is
necessary to transact the business of the Commission.
C. The Commission may hold special meetings to complete or initiate
business at the call of the chairperson or at the request of three members.
d. Each member shall be notified at least 48 hours notice of a special
meeting regarding the time, place and purpose of the meeting.
e. All meetings will be open to the public.
3. Attendance
Attendance is required at all meetings. Absences fmm in one year should not
exceed three consecutive meetings or more than 25 ep rcent-per-- a errnere
of reguiaF or speGial the total meetings for the year shall be Gause fer
A standardized letter of
warning will be sent from the respective chair to any member after two missed
meetings. If a member exceeds the allowable number of absences, the Mayor
will send a standardized letter, stating that the member must step down because
of the importance of regular attendance. If the Commission feels there are
extenuating circumstances in a case of a member who has not met the
attendance requirements, the Commission may send a letter to the Council
explaining the situation and requesting an exception. Members are responsihlo
fE)F Retifying the staff liaiSOR OF Ghairpersen if they Gannet atteRd a meeting. If a
member is unable to attend a meeting, that member should contact the staff
liaison, who will inform the chair if a quorum cannot be attained and the meeting
will be cancelled.
4. Annual Report
On March 1 of each year, the Commission shall provide the City Council with a
written annual report outlining its activities over the past year and its proposed
activities for the uocomina vear.
Article III: Appointment, Terms and Vacancies
Appointments
The Council shall make appointments to the Commission at its last SeGeRd
meeting in April, effective May 1. The members shall begin their term at the
Commission's first meeting in May.
2. Terms
Members will serve three-year staggered terms.
GAEnvironmental Commission\Miscellaneous\Bylaws\BylawRevisionJune2005.doc
3. Vacancies
If a vacancy occurs before the end of the term, interim appointments may be
made by the Council.
Article IV: Officers, Elections and Duties
Officers
The Environmental Commission will have two officers: a chairperson and a vice
chairperson. No member shall serve as chair for more than two years in a three-
year period.
2. Election of Officers
The Commission will elect officers at the May meeting each year. Officers will
serve until the next election.
3. Duties of Officers
The Commission Chairperson will:
➢ Work with staff liaison to develop meeting agendas.
➢ Conduct and preside over monthly meetings in a productive, timely manner.
➢ Monitor and ensure the progress of the Commission.
➢ Report to the City Council.
➢ Assure that the Commission conducts its activities within its mission and
bylaws.
The Commission Vice Chairperson will:
Preside over any meeting in the Chairperson's absence.
Article V: Amendments and Revisions
The Commission will review these bylaws annually eve three at the March
meeting_ with a majority of members present, and Members will present
recommendations for changes and amendments. These bylaws can be altered or
amended at any regular quarterly monthly Commission meeting, provided that notice of
the proposed changes and amendments is mailed to each member at least ten
business days before the meeting. The Council sha4 must review and approve any
changes to, and has final authority regarding, these bylaws.
Revised by the Env. Comm. 06/27/05;
Adopted by the Env. Comm. 07/24/00;
Adopted by the City Council 09/05/00.
G:\Environmental Commission\Miscellaneous\Bylaws\BylawRevisionJune2005.doc 3
CSV Memorandum
o en a e City
Ad m i n istration/Cou ncil
763-593-8014 / 763-593-8109 (fax)
Date: September 23, 2005
To: Liaisons to City Boards and Commissions
From: Jeanne Andre, Assistant City Manager
Subject: Code Revisions and Guidelines
Attached you will find the final, adopted version of the City Code regarding Boards and
Commissions. Also enclosed is a copy of the revised Guidelines and a cover memo from
Mayor Loomis. Please distribute these materials to your Board/Commission and follow up on
by-law amendments as requested by the Mayor in her memo.
The Mayor also plans to schedule a group meeting with all of the chairs to go over the
responsibilities outlined in the Guidelines. She would like one liaison from each
Board/Commission to attend as well. This meeting isn't scheduled yet, but she is tentatively
thinking of meeting at 5:30 pm on Monday, October 24. Please pencil this date in your
calendar and wait for more information.
If you have questions, call me at extension 8014.
itv Memorandum
OGoldenVaIIPITcity
Administration/Council
763-593-8014 / 763-593-8109 (fax)
Date: September 23, 2005
To: Members of City Boards and Commissions
From: Linda Loomis, Mayor
Subject: Code Updates
Enclosed you will find the updates to the City Code regarding Boards and Commissions
adopted by the City Council on September 20. As you know, the City Council has considered
the revisions for an extended time period and asked for comments along the way. The
Council appreciates the cooperation and consideration provided by the Boards and
Commissions as it deliberated on the amendments. I think the process helped the Council to
clarify how it wants to utilize the good services provided by the volunteers who have agreed
to serve on the Boards and Commissions and I hope we have opened lines of communication
that will enhance your efforts to serve the Council and the City.
The next step in the review process is updating the by-laws of each Board or Commission to
align with the amended code provisions. The Council would appreciate receiving all of the
updated by-laws by the end of November, so that the Council can approve them by the end
of the year. The Council must approve the by-laws and this timeline would allow new by-laws
to be in place for 2006.
The amended Guidelines for Advisory Commissions, Committees, Boards and Councils is
also enclosed. The Council amended the Guidelines at the September 20 meeting to
correspond to the amended ordinance.
ORDINANCE NO. 333, 2ND SERIES
AN ORDINANCE AMENDING THE CITY CODE
Amendment to Chapter 2, Amending Sections 2.50 through 2.56
Regarding Boards and Commissions
The City Council for the City of Golden Valley hereby ordains:
Section 1. City Code Chapter 2 is hereby amended by deleting
Sections 2.50 through 2.56 inclusive, and adding new Sections 2.50 through
2.56, attached hereto as Exhibit A.
Section 2. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" is
hereby adopted in its entirety, by reference, as though repeated verbatim herein.
Section 3. This Ordinance shall take effect from and after its passage
and publication as required by law.
Adopted by the City Council this 20th day of September, 2005.
ATTEST:
/s/Donald G. Taylor
Donald G. Taylor, City Clerk
/s/Linda R. Loomis
Linda R. Loomis, Mayor
Exhibit A
SECTION 2.50. BOARDS AND COMMISSIONS GENERALLY. Except as
otherwise provided in a specific Section, all Boards and Commissions created by
the City Code shall be for the limited purpose of advising the Council with respect
to a City function or activity or to research and evaluate issues identified by the
Council. As such, Boards and Commissions shall function in an advisory capacity
only.
Subdivision 1. Appointments. The terms of all Board and Commission
members shall be fixed and determined at the time of appointment. The Council
shall appoint the members of all Boards and Commissions and may fill vacancies
for unexpired terms. Members of Boards and Commissions shall serve until their
successors are appointed. Appointments shall be made by the Council at its last
meeting in April, effective May 1, except for appointments to the Absentee Ballot
Counting Board, which will be appointed as needed from the roster of election
judges approved by the City Council.
Subdivision 2. Staff Support. The City Manager shall appoint a staff
liaison to attend all meetings of Boards and Commissions and record the
meetings.
Subdivision 3. Attendance and Rules. Each Board and Commission
shall establish by-laws, which must be reviewed and approved by the Council
every three years. The Council has final authority regarding all by-laws. Boards
and Commissions shall follow Roberts Rules of Order unless alternative
procedures are established in the approved by-laws or in the City Code. A
quorum shall be a simple majority of the membership and all recommendations
shall require a quorum. No member shall serve as chair more than two years in a
three-year period, except that service for less than a full year shall not be applied
to this limit. If a member is unable to attend a meeting, that member should
contact the staff liaison, who will inform the chair if a quorum cannot be attained
and the meeting will be cancelled. The Council may establish an attendance
policy for members to remain in good standing.
Subdivision 4. Annual Report. Each Board and Commission shall
present a written annual report outlining its activities over the past year and
proposed activities for the upcoming year.
SECTION 2.51. PLANNING COMMISSION.
Subdivision 1. Establishment and Composition. A Planning
Commission is hereby established, composed of seven (7) members, who shall
serve three-year staggered terms.
Subdivision 2. Duties and Responsibilities. It is the duty of the
Planning Commission to advise and make recommendations to the Council in all
matters relating to planning and growth of the City.
Specifically it shall:
A. Develop and make recommendations to maintain and
update the Comprehensive Plan of the City;
B. Develop and make recommendations to maintain and
update the land use regulations needed to implement the Comprehensive Plan;
C. Develop and make recommendations for policies on other
matters relating to the social, economic and physical environment; and,
D. Advise and recommend such other functions or
procedures as may be assigned to them by the City Code or the Council.
SECTION 2.52. OPEN SPACE AND RECREATION COMMISSION.
Subdivision 1. Establishment and Composition. An Open Space
and Recreation Commission is hereby established, composed of nine (9)
members, who shall serve three-year staggered terms.
Subdivision 2. Duties and Responsibilities. It is the duty of the
Commission to advise and recommend to the Council as to recreational
programs and parks and open space in the Community. Specifically it shall:
A. Develop and make recommendations to maintain and
update the portion of the Comprehensive Plan relating to open space needs,
parks and recreation programs, and trail systems;
B. Develop and periodically review policies and plans for
parks, recreation programs, use of open space, and trail systems;
C. Periodically update an assessment of current programs
regarding open space, parks and recreation, and trail systems;
D. Periodically update an assessment of future needs
regarding parks and recreation, open space, and trail systems;
E. Advise the Council on cooperative agreements policies
with other public and private agencies, groups or individuals relative to
recreational programs and facilities; and,
F. Advise Council on budget and capital outlay needs for
parks and recreation, Brookview Golf Course, and park improvement fund.
SECTION 2.53. HUMAN RIGHTS COMMISSION.
Subdivision 1. Establishment and Composition. A Human
Rights Commission is hereby established, composed of eleven (11) members,
who shall serve three-year staggered terms. The Council shall seek to have said
appointments reflect the ethnic, cultural, religious and other diversity of the City.
Subdivision 2. Policy. It is the policy of the City to encourage the
establishment and development of equal opportunity and fair treatment of all
individuals living, working, or traveling in and through the City without regard to
race, color, creed, religion, national origin, sex, marital status, familial status,
disability, status with regard to public assistance, sexual orientation, age or any
other classification subsequently identified by the State of Minnesota.
Subdivision 3. Duties and Responsibilities. It is the duty of the
Commission to advise and recommend to the Council as to matters of equal
opportunity and fair treatment. Specifically it shall:
A. Develop and recommend educational programs for
dissemination and implementation of the policy herein stated;
B. Recommend programs and procedures which further the
policy;
C. Identify and advise the City Council, on activities initiated
by other public and quasi -public agencies regarding civil and human rights and
participate as directed by the Council; and
D. Review and report on specific matters as directed by the
Council, including studies on community demographics and surveys on civil and
human rights practices in the City.
SECTION 2.54. ABSENTEE BALLOT COUNTING BOARD. The Council hereby
authorizes an Absentee Ballot Counting Board and further authorizes the election
judges of such Board to receive, examine, and validate absentee ballots. The
further duties of such Board shall be those provided by statute.
SECTION 2.55. POLICE CIVIL SERVICE COMMISSION.
Subdivision 1. Establishment and Composition. The
establishment of a Police Civil Service Commission, composed of three (3)
members, is hereby ratified. Its members shall serve three-year staggered terms.
Subdivision 2. Statute Adopted. The adoption by reference of
Minnesota Statutes, Sections 419.01 to 419.18, is hereby ratified.
Subdivision 3. Duties and Responsibilities. The Commission
shall continue to have authority to administer its activities with all of the powers
and duties set forth in the statutory sections cited herein.
SECTION 2.56. ENVIRONMENTAL COMMISSION
Subdivision 1. Establishment and Composition. An
Environmental Commission is hereby established, composed of seven (7)
members, who shall serve three-year staggered terms.
Subdivision 2. Duties and Responsibilities. It is the duty of the
Environmental Commission to advise and make recommendations to the Council
in matters relating to and affecting the environment. Specifically, it shall:
A. Develop and make recommendations to educate the
public on environmental regulations, policies, practices and tools;
B. Develop and make recommendations as an advisory
review body for amendments to or revisions of the city's Surface Water
Management Plan and provide advice as requested by the Council on other city
programs and initiatives;
C. Review and make recommendations regarding the city's
existing environmental ordinances, policies and guidelines;
D. Develop and make recommendations on management
practices for the city's nature areas, public and private ponding areas, and other
such city -owned properties as directed by the City Council;
E. Identify and advise the City Council on activities initiated
by other public and quasi -public agencies regarding environmental issues and
participate as directed by the Council; and
F. Advise and recommend such other functions or
procedures as may be assigned to them by the City Code or the Council.
CITY OF GOLDEN VALLEY
Guidelines for Advisory Commissions, Committees,
Boards and Councils
INTRODUCTION:
The City Council wishes to express its appreciation to the many citizens who take time
away from their personal and professional lives to serve the community through their
membership on the Council's advisory groups. Golden Valley has had a history of
extensive citizen involvement. At present approximately 60 advisory commission,
board, and committee members participate in providing specialized expertise so that
Council decisions can be made with more complete background and knowledge than
would otherwise be possible. The Council and the entire community benefit from this
invaluable service.
Golden Valley is a statutory city. The legislature established it as a city in the early
1970's. The State Statutes provide: "In any such city, there shall be...no administrative
board or commission... the Council shall itself perform the duties and exercise the
powers and shall govern and administer the functions for which no independent boards
are authorized by statute. The Council, may, however, create boards or commissions to
advise the Council with respect to any municipal function or activity or to investigate any
subject of interest in the City." This Council, and others before it, recognizes the many
advantages to be gained from this approach.
The purpose of this document is to provide guidance to the Council's advisory
commissions. The Council is directly responsible for the actions of its advisory
commissions. It is hoped that through these guidelines the expectations of the Council,
with respect to its advisory commissions will be clearly understood and followed. The
Mayor and Council Members welcome any request for discussion or clarification of
information that is contained or thought appropriate to be contained in these guidelines.
The goals of the Council are better communication with its advisory commissions and
better service to the citizens of Golden Valley.
CURRENT GOLDEN VALLEY STANDING COMMISSIONS AND BOARDS:
The Golden Valley City Council currently has four standing advisory commissions.
They are:
Environmental Commission
Human Rights Commission
Open Space and Recreation Commission
Planning Commission
There is one advisory foundation: Golden Valley Human Services Foundation
The Civil Service Commission is an independent commission that has absolute control
and supervision over the employment, promotion, discharge, and suspension of police
officers of the Public Safety Department, as stipulated under State Statutes.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 2
The Board of Zoning Appeals hears requests for variances from the City Zoning Code
and makes final determination on all requests unless such requests are denied and
appealed to the City Council as stipulated under State Statutes.
The Building Board of Review advises and assists administrative officers of the City on
building codes and the issuance of building permits.
Short term advisory committees are appointed as needed.
These Guidelines for Advisory Commissions, Boards and Committees apply to each of
these groups as appropriate and as permitted by the laws and ordinances which
establish them.
I. LEGAL BASIS OF ADVISORY COMMISSIONS
As stated above the State Statutes govern the creation of Council advisory groups.
These groups are authorized to exercise all duties which the Council has legally
assigned to them. They are frequently authorized to conduct research and make
recommendations. It should be remembered, however, that advisory commissions may
not make decisions on behalf of the Council. In many cities, it is routine practice for the
Council to accept an advisory commission recommendation if the commission has done
a thorough and competent job. It must be emphasized, however, that it is the Council's
final decision on the matter and not simply the commission recommendation which is
effective to bind the municipality. No recommendation of any advisory commission
takes effect unless it has been adopted by formal action of the Council. These advisory
commissions may be organized in any manner deemed appropriate by the Council.
The City Council may create and dissolve them, appoint persons to serve on them, and
exercise powers of general supervision over them. A Planning Commission, however,
must be established by ordinance and, once established may be dissolved only by an
ordinance, which passes, by 2/3 majority vote of the Council.
II. OPEN MEETING LAW
All meetings of all public bodies in Golden Valley must be open to the public. There can
be no such thing as a "closed", "private", or "executive" meeting or session. The only
exceptions that have been recognized in the past are certain disciplinary actions
conducted by the Police Civil Service Commission and some personnel and legal
matters before the Council.
The Minnesota Statute requiring City Council meetings to be open to the public has
been in existence for many years. A 1973 amendment and court decisions and rulings
by the Minnesota Attorney General have made commissions, subcommittees, and other
public bodies subject to the statute. Any person violating the open meeting requirement
is subject to civil penalty.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 3
Commissions and committees should be careful to observe the requirements of holding
all meetings in public places and posting notices of meeting dates and times at the City
Hall. Scheduling of meetings with the Manager's Office will help prevent conflict with
other groups over meeting times when public participation is particularly desired.
Commission, board, and committee meetings will not be held on designated legal
holidays or recognized religious holidays.
Any questions regarding the meaning or application of the Open Meeting Law should be
directed to the City Council. The Council will seek such advice from the City Attorney
as may be necessary.
III. COMMISSION ORGANIZATION AND PROCEDURES
A. Term of Office: Appointments to commissions are made effective May 1 of each
year. The length of each appointment is provided in the governing ordinance or
resolution and is designated by the Council at the time of the appointment. Each
permanent advisory commission should elect officers not later than its second
meeting after May 1 in each year. The term of office should be one year, unless
otherwise specified by the Council, prior to each election. (Chairpersons of special
committees may be appointed by the Council.)
Voluntary resignations from a commission should be communicated by letter or
email from the person resigning to the Mayor.
B. Attendance: Absences in one year should not exceed three consecutive meetings
or more than 25 percent of the total meetings for the year. (25 percent of meetings
would be three meetings for groups meeting once a month and six meetings for
groups meeting twice a month.) If a member is unable to attend a meeting, that
member should contact the staff liaison, who will inform the chair if a quorum cannot
be attained and the meeting will be cancelled.
A standardized letter of warning will be sent from the respective chair to any member
after two consecutive and two total for groups meeting once a month. For those
meeting twice a month the letter would be sent from the chair after two consecutive
or five total absences. If a member exceeds the allowable number of absences.,the
Mayor will send a standardized letter stating the member must step down because
of the importance of regular attendance and the number of citizens interested in
serving. If a Commission feels there are extenuating circumstances in a case of a
member who has not met the attendance requirements, the Commission may send a
letter to the Council explaining the situation and request an exception.
C. By -Laws or Rules of Procedure: Each commission shall propose By -Laws or
Rules of Procedure governing its work. Such proposed By -Laws or Rules of
Procedure should be submitted to the Council for review and approval prior to
implementation.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 4
D. Orientation: It shall be the responsibility of the staff liaison to provide to each new
member as soon as possible after that member's appointment, copies of the
enabling ordinance for the board or commission and its current By -Laws or Rules of
Procedure, minutes of meetings of the last one year, these Guidelines, and any
other information necessary to orient of new members. (Note: Council Members
who are liaison to a Commission will meet with the Chairperson and new members
as part of the orientation.)
E. Acting as a private citizen: A commission member testifying before the Council as
a private citizen should clearly note before testimony that he/she is testifying as a
private citizen.
F. Code of Ethics: Each commission member is subject to the terms of the existing
Code of Ethics ordinance, a copy of which is attached to these Guidelines. Each
person to whom the code applies is responsible to read and understand them.
Questions regarding the meaning or application of the Code of Ethics should be
directed to the Council. If the opinion of the City Attorney is necessary or desirable,
the Council will so request.
G. Expenditures: Each Commission is authorized to incur those specific expenditures
included in its final budget, as adopted by the Council. Any other expenditures
require specific Council approval prior to the time the obligation is incurred. Council
approval is necessary prior to solicitation of funding from outside sources for any
purpose.
H. Minutes: A person will be provided by the City to take minutes for the advisory
boards and commissions. All such minutes are matters of public record and shall be
kept at the City Hall. The unapproved minutes will be circulated to the City Council in
a timely manner to allow the Council to be informed on recent actions. The Council
will receive and file approved minutes at the next regular Council Meeting following
the approval of the minutes by the respective board or commission.
Minutes serve the dual function of making an historical record of commission
proceedings and of informing the Council regarding the commission's activities. The
minutes should, therefore, contain an accurate report of the sequence of events and
names of citizens who appear and are heard. In addition to the formal action of the
commission, a summary of the reasoning underlying such action should be included
in the minutes.
Staff Liaison: The Council has adopted a policy of providing a staff liaison for each
commission. The purpose of this policy is to provide direct information to each
commission regarding City policy and practices within its area of interest.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 5
The City operates under the "Plan B City Manager" form of government, in which all
employees are hired and supervised by the City Manager, who in turn is responsible
to the Council. Neither the Council nor any commission member has the authority to
direct staff personnel. Any commission recommendations for modification of City
policy and practices should be directed to the Council. The liaison will periodically
inform the Chair on members' attendance, particularly when warnings must be sent
as provided in Section III. B, and copy to the City Manager to forward to the City
Council.
Council Liaison(s): Each year, at its organizational meeting, the Council shall
assign one or more liaison to each Board or Commission. The Council Liaison(s) will
meet at least annually with the Board or Commission to which he or she is assigned.
These meetings can serve as an informal means for the exchange of information
between the Council and the Board or Commission, but all formal communication
shall follow procedures as outlined in Section IV.
K. Subcommittees: From time to time, the Council may appoint subcommittees of
certain commissions in order that special attention be concentrated in specified
areas. At the same time, the Council also wants the opinion of the commission
regarding each subcommittee's recommendations.
Each subcommittee should submit any report or recommendations intended for the
Council, first to the Commission for review and comment. Such review and
comment should take place at the next regularly scheduled meeting of the
Commission. If it does not, the report or recommendation of the subcommittee shall
be forwarded to the Council without Commission consent.
The subcommittee report or recommendation, together with the commission's
comments, should be submitted to the Council at its next regularly scheduled
meeting. As in the case of commission presentations, a spokesperson for the
subcommittee should attend the Council meeting and be prepared to make a
presentation and answer questions.
The Commission is free to appoint subcommittees of their membership as the
commission sees a need.
IV. COMMUNICATIONS TO AND FROM COMMISSIONS
A. Council Requests to Commissions: From time to time, the Council will refer items
to commissions for recommendation. The purpose of such a referral is to assist the
Council in gathering all pertinent facts and sharpening the issues. The request will
be referred to the commission in writing by the Mayor.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 6
The Council would request a written report from each commission with regard to
each such referral. The report should set forth all the pertinent facts and detailed
recommendations from the commission. The report should be submitted to the
Council Secretary the Wednesday before the Council meeting so that it may be
included in the agenda.
Any time a commission report comes before the Council, one representative of the
commission should be present to make a presentation and answer questions. In the
event there is a difference of opinion on the commission, a minority report may be
presented in the same manner.
B. Commission Requests to Council: Any commission request or recommendation
for Council action or legal opinion should be communicated by letter from the
chairperson to the Mayor, giving a full explanation of the background of the matter.
Along with the letter, the commission should submit or refer to the pertinent portion
of its minutes on the subject.
The letter to the Mayor should be delivered to the Council Secretary on the
Wednesday before the Council meeting. A presentation for the commission should
be made by a representative from the commission. A minority report may also be
presented.
C. Communications with those other than the City Council: Based upon past
experience, the Council believes that there is some potential for misunderstanding
regarding communications with persons and governmental units or agencies other
than the City Council of Golden Valley. It is essential that members of commissions
understand and observe appropriate policies and practices in this regard.
The essential principle involved is that the Council alone has the responsibility and
authority to adopt the decisions, policies, and recommendations of the City of
Golden Valley. The Council values the opinions and advice of its commissions and
invites the communication of the same to the Council. The Council will take such
opinions and advice into account in formulating the City's official position.
This method of proceeding does not preclude a commission from gathering such
information as may be pertinent to its activities. Commissions are free, without prior
Council approval, to make inquiries and to give necessary background for such
inquiries, but careful consideration must be given that these communications cannot
be reasonably construed as statements of official City policy and opinion.
The matter of distribution of information to the public is one that is not capable of
specific rules of practice. In general, any such communication which purports to, or
has the effect of communicating an official City position or decision, should be
submitted to the Council for prior approval. Other types of communications, which
are purely informational and do not involve unresolved questions of City policy, may
be disseminated without prior Council approval.
Adopted by the City Council - August 6, 2001
Amended - September 20, 2005
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 7
EXHIBIT - GOLDEN VALLEY CITY CODE
SECTION 2.71. CODE OF ETHICS FOR ELECTED OFFICIALS AND
MEMBERS OF ADVISORY BOARDS AND COMMISSIONS.
Subdivision 1. Policy.
A. General Declaration of Policy. It is imperative that all persons
acting in the public service not only maintain the highest possible standards of ethical
conduct in their transaction of public business but that such standards be clearly defined
and known to the public as well as to the persons acting in public service. The proper
operation of democratic government requires that public officials be independent,
impartial and responsible to the people; that governmental decisions and policies be
made in the proper channels of the governmental structure; that public office not be
used for personal gain; and that the public have confidence in the integrity of its
government. In recognition of these goals there is hereby established a Code of Ethics
for public officials, elected and appointed, paid and unpaid. The purpose of this Code is
to establish ethical standards of conduct for such officials by setting forth those acts or
actions that are incompatible with the best interests of the City and by directing
disclosure by such officials of private, financial or other interests in matters affecting the
City. The provisions and purpose of this Code are hereby declared to be in the best
interests of the City.
B. Responsibilities of Public Office. Public officials are agents of
public purpose and hold office for the benefit of the public. They are bound to uphold the
Constitution of the United States and the Constitution of this State and to carry out
impartially the laws of the Nation, State and City and thus to foster respect for all
government. They are bound to observe in their official acts the highest standards of
morality and to discharge faithfully the duties of their office.
C. Dedicated Service. All officials of the City shall be dedicated to
fulfilling their responsibilities of office described herein. They shall be dedicated to the
public purpose and all programs developed by them shall be in the community interest.
Public officials shall not exceed their authority or breach the law or ask others to do so,
and they shall work in full cooperation with other public officials and employees unless
prohibited from so doing by law or by officially recognized confidentiality of their work.
Subdivision 2. Scope of Persons Covered. The provisions of this Code
of Ethics shall be applicable to all members of the Council, Committees, and members
of advisory Boards and Commissions.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 8
Subdivision 3. Fair and Equal Treatment.
A. Subject to the provisions of Subparagraphs E and F below, no
Council member, Commission member or Committee member, while acting as such,
shall participate in the discussion of, or vote on, any issue in which such person has any
direct financial interest or personal interest which arises from blood or marriage
relationships. "Direct financial interest" is hereby deemed to mean such an interest as
would involve a reasonable likelihood of gain having a monetary value of substance.
"Blood relationships" and "marriage relationships" shall be deemed for the purposes
hereof to include only immediate family relationships of the first degree: spouse,
children, mother, father, father-in-law, mother-in-law, stepfather, stepmother, brother,
sister, sister-in-law and brother-in-law.
B. Notwithstanding anything to the contrary above stated or implied,
whenever two or more members shall declare an interest in the matter as hereinbelow
set forth, then every member of the Council shall be required to vote on a zoning
ordinance or other form of amendment to City Code, Chapter 11, which requires a four-
fifths favorable vote for approval and/or enactment (as prescribed by pertinent
provisions of the State statutes for the State of Minnesota); provided, however, that all
of such required votes by members of the Council shall only be cast and tallied following
a full public discussion of the item being voted upon during the course of which
discussion every Council member having either a direct financial interest or personal
interest as above described in this Subdivision shall make a full disclosure of the same.
(All such disclosures shall also be made a matter of the public record along with the
recording of the votes relating to the subject matter).
C. Subject to the provisions of Subparagraphs E and F below, if a
Council member, Commission member or Committee member has a financial interest in
a business, investment, or transaction, which has a matter pending before the Council,
Commission or Committee of which such person is a member, such person shall not
participate in the discussion as such public official or vote on the matter.
D. Notwithstanding anything to the contrary above stated or
implied, whenever two or more members shall declare an interest in the matter as
hereinbelow set forth, then every member of the Council shall be required to vote on a
zoning ordinance or other form of amendment to City Code, Chapter 11, which requires
a four-fifths favorable vote for approval and/or enactment (as prescribed by pertinent
provisions of the State statutes for the State of Minnesota); provided, however, that all
of such required votes by members of the Council shall only be cast and tallied following
a full public discussion of the item being voted upon during the course of which
discussion every Council member having either a direct financial interest or personal
interest as above described in this Subdivision shall make a full disclosure of the same.
(All such disclosures shall also be made a matter of the public record along with the
recording of the votes relating to the subject matter).
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 9
E. No person covered by this Code of Ethics shall take any official
action with respect to a matter in which such person has a direct financial interest or
personal interest which arises from blood or marriage relationships; provided that
participation in the decision-making process on such person's own behalf as a private
citizen shall not be prescribed by this Code of Ethics, and provided further that such
person may participate in matters leading up to or preliminary to official action to the
extent that such person disclosed any such direct financial or personal interest as such
person may have in the same and to the extent that such person has no discretion to
make a final controlling judgment or vote on the same. Disclosure of any such financial
or personal interest shall be made to the Council, Board, Commission or Committee of
which the person is a member when the item appears on the agenda. Such disclosure
shall be recorded in the minutes and become a matter of public record.
F. Notwithstanding anything to the contrary above stated or implied,
whenever two or more members shall declare an interest in the matter as hereinbelow
set forth, then every member of the Council shall be required to vote on a zoning
ordinance or other form of amendment to City Code, Chapter 11, which requires a four-
fifths favorable vote for approval and/or enactment (as prescribed by pertinent
provisions of the State statutes for the State of Minnesota); provided, however, that all
of such required votes by members of the Council shall only be cast and tallied following
a full public discussion of the item being voted upon during the course of which
discussion every Council member having either a direct financial interest or personal
interest as above described in this Subdivision shall make a full disclosure of the same.
(All such disclosures shall also be made a matter of the public record along with the
recording of the votes relating to the Subject matter).
G. No person covered by this Code of Ethics shall, without proper
legal authorization, disclose confidential information concerning the property,
government, or affairs of the City, nor shall such person use such information to
advance the financial or other private interests of any person.
H. No person covered by this Code of Ethics shall directly or
indirectly solicit any gift or accept or receive any gift of substance whether in the form of
money, services, loan, travel, entertainment, hospitality, promise or any other form,
under circumstances in which it could be reasonably inferred that the gift was intended
to influence such person, or could reasonably be expected to influence such person in
the performance of such person's official duties or was intended as a reward for any
official action on the part of such person.
I. No Council member shall appear in behalf of another's private
interest before the Council, any Committee, Commission or agency of the City, nor shall
such Council member represent another's private interests in any action or proceeding
against the interests of the City in which the City is a party.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 10
J. Except as specifically authorized by Section 471.88 of Minnesota
Statutes, no person covered by this Code of Ethics who is authorized to take part in any
manner in making any sale, lease or contract in such person's official capacity shall
have a direct financial interest in that sale, lease or contract or personally benefit
financially therefrom.
Subdivision 4. Public Disclosure by Council.
A. Within 30 days after the effective date of this Code of Ethics
each member of the Council shall file, as a public record, in the office of the City Clerk,
a signed statement disclosing the following:
1. A list of the names of all business corporations,
governmental agencies, companies, firms or partnerships or other business enterprises
doing business with the City or at some location within the City (a) with which such
person is connected as an employee, officer, owner, director, trustee, partner, advisor,
consultant, fiduciary (other than as a nominee) or (b) in which such person has any
continuing financial interest, through a pension or retirement plan, shared income, or
otherwise, as a result of any current or prior employment or business or professional
association, or (c) in which such person has any financial interest through the ownership
of stocks, bonds, or other securities.
2. A list of such person's interests in real property or rights in
the same located within the City.
B. Each person who files as a candidate to become a member of
the Council, at the time of said filing as a candidate, shall also file the disclosure
statement required by this Subdivision.
C. Within 30 days after each anniversary date of an initial filing,
each person required to make such a filing under this Subdivision shall file a new
disclosure statement setting forth the information required hereby as of the time of the
new statement.
D. Material changes in financial interest or in positions held shall be
disclosed by filing an amended disclosure statement within 30 days after such interest is
obtained or such changed position occurs.
E. This Code of Ethics shall not be construed to require the filing of
any information relating to any person's connection with, or interest in, any professional
society or any charitable, religious, social, fraternal, educational, recreational, public
service, civic or political organization, or any similar organization not conducted as a
business enterprise or governmental agency and which is not engaged in the ownership
or conduct of such a business enterprise or governmental agency. Nor shall disclosure
be required hereby where prohibited by professional or business association ethics
promulgated by any State agency.
Guidelines for Advisory Commissions, Committees, Boards and Councils
Page 11
F. The City Clerk shall inform each person required by this
Subdivision to file a disclosure statement of the time and place for filing. The City Clerk
shall notify the Council and City Attorney whenever a person who is required by this
Subdivision to file a disclosure statement who fails to do so.
Subdivision 5. Policy for Conflicts of Interest Among City
Employees.
A. Within 30 days after the effective date of this Code of Ethics the
City Manager shall, upon review and approval by the Council, promulgate for the
guidance of all City employees, including the City Manager, City Clerk, City Attorney
and Department Heads, a policy statement on conflicts of interest which shall be
applicable to all of such persons, and to consultants serving the City, and the City
Manager is hereby charged with the supervision of such policies as provided for therein
as a part of each such person's employment and contractual relationships with the City.
B. Within 30 days after the effective date of this Code of Ethics the
City Manager shall, upon review and approval by the Council, promulgate a disclosure
policy for the City Manager, City Attorney and Department Heads, and for consultants.
C. The policy statements called for by this Subdivision shall include
provision for citizens to complain to the City Manager that a person covered by such
policies has failed to comply with the same. Subject to Subparagraph D below, the
Manager shall review all such complaints with the Council.
D. This Subdivision calling for the development of employment
guidance policy statements respecting certain persons who are responsible to the City
Manager under the Plan B form of government extant in the City is to be construed so
as not to violate the City Manager's duties and obligations imposed by State law with
respect to administration of the City government. Any information filed with the City
Manager pursuant to such policy statements shall be deemed confidential information
for use by the City Manager only, except that the Council may at any time review such
confidential information pursuant to its authority to investigate City matters.