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10-24-054 }wM k'Valley OPEN SPACE & RECREATION COMMISSION Meeting Agenda Brookview Community Center Monday, October 24, 2005 7:00 PM I. Call to Order II. Roll Call Chuck Cahill Kelly Kuebelbeck Jerry Sandler, Chair III. Agenda Changes or Additions James Heine Tom Kuelbs Jim Vaughan, Vice Chair IV. Approval of Minutes — September 26, 2005 V. Review of Open Space and Recreation Commission By-laws VI. Recreation Report — Brian Erickson VII. Joint Meeting with City Council VIII. Old Business a) Envision b) Regional Trail Update c) Park master planning d) Brookview Performance Area IX. Adjournment Jim Johnson Roger McConico Tom Zins Valley OPEN SPACE & RECREATION COMMISSION Meeting Minutes Brookview Community Center Monday, September 26, 2005 7:00 PM 1. CALL TO ORDER Sandler called meeting to order at 7:00 p.m. 11. ROLL CALL Present: Chuck Cahill, Jim Johnson, Kelly Kuebelbeck, Jerry Sandler, Jim Vaughan, Tom Zins, Rick Jacobson, Director of Parks and Recreation; Sheila Van Sloun, Administrative Secretary; and Paul Snyder, ATS&R Architects. Absent: James Heine, Tom Kuelbs, and Roger McConico. Ill. AGENDA CHANGES OR ADDITIONS None. IV. APPROVAL OF MINUTES —August 22, 2005 MOTION: Moved by Zins and seconded by Johnson to approve the minutes. Motion carried unanimously. V. BROOKVIEW PERFORMANCE AREA — Paul Snyder As requested, Snyder prepared costs for the proposed performance area and discussed each item in detail. Snyder then answered questions from the Commission on the estimated costs. Sandler then discussed issues that may effect the progression of the project, such as; cost, displacement of the snow removal area, value in loss of tennis courts, cost involved with maintenance, usage to justify the investment, parking and traffic flow, and if there is a better use for the proposed site. VI. UPGRADES TO HONEYWELL LITTLE LEAGUE AREA a) Handicapped Access Jacobson explained that Honeywell verbally agreed to allow Little League to use the west end of their parking lot to accommodate the project. He explained that a usage agreement with Honeywell is in the works. b) Improvements by Golden Valley Little League As lease holder, Little League has requested permission from the City to make the following improvements: addition of a shed for maintenance equipment, two additional batting cages, safety top added to existing chain link fencing, clearing trees and brush for batting cages and removal of brush around lights, extend left field bull pen, and the addition of a sign near the base of the stairs. The City is waiting for submittals from Little League before granting a permit for the project. VII. OLD BUSINESS a) Envision Jacobson explained that the Council would like a report from each Commission on where they are with Envision and a list of one to three projects they would like to see implemented. b) Regional Trail Update Jacobson gave an update on the last meeting explaining that progress is being made on an agreement and that Three Rivers will pay to have Xcel begin a study to determine the cost of moving wires underground. c) Park Master Planning Jacobson explained that proposed funding in the budget for 2006 for park, trail and open space master planning has been cut to $25,000.00. The City Council would like to meet with the Open Space and Recreation Commission at a future date to discuss the master plan as well as the proposed Brookview performance area. IX. ADJOURNMENT MOTION: Moved by Zins, seconded by Kuebelbeck to adjourn. Motion carried unanimously. Meeting adjourned at 8:50 p.m. BY-LAWS OF THE OPEN SPACE AND RECREATION COMMISSION CITY OF GOLDEN VALLEY Article I: Mission Statement The Open Space and Recreation Co mission has been established to advise and make recommendations to the City Counci�Specifically, the Commission 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. Article II: Membership, Meetings and Attendance Membership a. The Open Space and Recreation Commission membership shall consist of nine (9) members who shall serve three-year staggered terms. Emphasis in appointments will be based on knowledge of open space and recreation issues and their relationships to the 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 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 in one year should not exceed three consecutive meetings or more than 25% of the total meetings for the year. Absence from 25% per year or more of regular or special meetings shall be cause for recommendation for removal from the Commission. Members are responsible for notifying the staff liaison or chairperson if they cannot attend a meeting. Article III: Appointment, Terms and Vacancies Appointments The Council shall appoint members to the Commission at its second meeting in April of each year. Terms shall begin at the first meeting in May of each year. 2. Terms Members will serve three-year staggered terms. 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 Open Space and Recreation Commission will have two officers: a chairperson and a vice chairperson. 2. Election of Officers The Commission will elect off'cers at #fie May meeting ach year. Officers will serve until the next election. �ChOA, _ Wim , 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 by- laws. The Commission Vice Chairperson will: 0 Preside over any meeting in the Chairperson's absence. Article V: Amendments and Revisions The Commission will review these by-laws annually at the May meeting with a majority of members present, and members will present recommendations for changes and amendments. These by-laws can be altered or amended at any regular 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 shall approve any changes to these by-laws. Date: September 23, 2005 M.emorandum city Administration/Council 763-593-8014 / 763-593-8109 (fax) 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. /s/Linda R. Loomis Linda R. Loomis, Mayor /s/Donald G. Tam Donald G. Taylor, City Clerk 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 theme of the �� ► ommission to advise and recommend to the Council as to recr ae tionan rograms and parks and open space in the Commu ity pecifically 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 in, 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. J. 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. BY-LAWS OF THE OPEN SPACE AND RECREATION COMMISSION CITY OF GOLDEN VALLEY Article I: Mission Statement The Open Space and Recreation Commission has been established to advise and make recommendations to the City Council. Specifically, the Commission 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. Article II: Membership, Meetings and Attendance Membership a. The Open Space and Recreation Commission membership shall consist of nine (9) members who shall serve three-year staggered terms. Emphasis in appointments will be based on knowledge of open space and recreation issues and their relationships to the 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 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 in one year should not exceed three consecutive meetings or more than 25% of the total meetings for the year. Absence from 25% per year or more of regular or special meetings shall be cause for recommendation for removal from the Commission. Members are responsible for notifying the staff liaison or chairperson if they cannot attend a meeting. Article III: Appointment, Terms and Vacancies Appointments The Council shall appoint members to the Commission at its second meeting in April of each year. Terms shall begin at the first meeting in May of each year. 2. Terms Members will serve three-year staggered terms. 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 Open Space and Recreation Commission will have two officers: a chairperson and a vice chairperson. 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 by- laws. The Commission Vice Chairperson will: 0 Preside over any meeting in the Chairperson's absence. Article V: Amendments and Revisions The Commission will review these by-laws annually at the May meeting with a majority of members present, and members will present recommendations for changes and amendments. These by-laws can be altered or amended at any regular 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 shall approve any changes to these by-laws. 3 G� d, o� k� alley Date: September 23, 2005 Memorandum city Administration/Council 763-593-8014 / 763-593-8109 (fax) 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. /s/Linda R. Loomis Linda R. Loomis, Mayor ATTEST: /s/Donald G. Taylor Donald G. Taylor, City Clerk 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 commiss ion...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. 1. 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. J. 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. OPEN PLAYGROUND TOTALS ha Wesie Weekly Avg. 1,121 156 776 112 453 62 437 60 Daily Avg.' 36 28 18 17 Puppet Show 188 24 161 24 94 14 91 13 Medley Weekly Avg. 1,162 158 971 141 933 138 672 96 Daily Avg. 36 35 36 22 Puppet Show 212 28 122 18 142 20 111 16 Lakeview Weekly Avg. 551 75 743 108 627 86 637 91 Daily Avg. 15 28 18 121 Puppet Show 104 14 109 16 78 10 84 1 12 Ham shire, Weekly Avg. 1,004 137 821 119 924 134 1,092 156 Daily Avg. 32 31 27 32 Puppet Show 217 30 161 24 76 13 74 12 Scheid Veekly Avg. 808 111 605 87 489 70 539 77 ,aily Avg. 25 22 17 20 Puppet Show 102 14 102 15 66 9 70 10 G'eart Weekly Avg. 1,093 152 907 130 950 130 798 114 Daily Avg. 32 33 20 23 Puppet Show 144 18 98 15 92 14 94 15 Lions Weekly Avg. 1,284 184 1064 152 1,625 218 1,708 244 Dail Avg. 42 39 37 42 Puppet Show 241 22 229 33 119 17 131 21 , South Tyrol Morning 594 81 .447 64 408 58 378 54 Puppet Show 94 20 69 10 1 102 16 112 18 2005 Afternoon Playground Total: 7,617 2005 Open Playground Puppet Show Total: 1,314 2005 SUMMER PROGRAM FINAL REPORT Orqanized Program Comparisons PROGRAM 2005 2004 2003 2002 2001 2000 1999 1998 1997 Little Critters 26 21 27 37 39 56 54 35 28 Kids Korner 56 51 58 55 45 51 61 52 49 Bike Rangers 20 20 19 13 8 10 8 20 - -- T-Ball (evening program) 87 91 95 90 91 96 78 88 -- T-Ball (morning program) 58 92 77 88 90 104 131 147 105 Supervised Batting Practice 9 18 27 30 38 56 82 103 100 Football Camp 11 12 9 8 10 19 9 13 --- Drama Club 19 18 17 16 20 24 24 24 36 Field Trip 36 31 36 76 103 182 157 154' 144 Basketball Skills Camp 9 12 --- 6 13 10 28 32 17 Outdoor Floor Hockey - 9 --- 20 16 7 8 17 --- Soccer Skills Camp 15 47 14 17 20 21 31 40 27 Chess Club 13 8 11 11 17 24. 18 16 20 Puppet Shows** 935 1,051 769 780 740 1,067 759 872 925 End of Summer Concert*** 125 175 150 175 160 123 180 175 129 Sand Volleyball 8 8 34 24 17 15 10 9 14 Drama Trip/Production 23 23 21 22 24 24 24 23 --- Catch, Kick & Throw 54 57 49 53 57 44 26 16 --- Park Baseball 80 77 84 106 80 79 83 --- --- Explorers Hiking & Biking 29 25 13 23 20 28 29 15 19 Slowpitch Softball 13 24 25 30 23 24 25 27 25 Little Tikes 29 32 40 37 35 29 27 26 22 Pitch By Coach 78 68 86 115 107 136 108 153 151 Mini Hawk Camp 37 34 36 Jump Rope 26 27 18 Skateboarding Camp 22 32 47 Jewelry Making 6 6 16 Cheerleading Academy 13 12 Kickball 47 21 22 Run Club 6 7 SNAG Golf 18 1 - Skyhawks Basketball Academy 30 18. TOTALS 1967 2,058 1,778 1,832 1,794 2,287 2,007 21140 2,024 ENVISION Brainstorming March 2005 • Summer hockey program and a blacktop area for in-line skating • Archery range in Golden Valley or improve the one at Wirth Park • Community gardens and a dog park • Revisit deer control policy • Replacement schedule for play equipment at parks • Teen programming • Youth Summit • Pedestrian connections • More educational signage at parks • Honeywell property developed • Band shell at Brookview Park April 2005 • Pesticide use in the city • Performance Area • Recycling in parks