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HomeMy WebLinkAboutCC Agendas 7/8/2019 Study MeetingCITY OF BLOOMINGTON MINNESOTA MAYOR: GENE WINSTEAD STUDY MEETING MONDAY, JULY 8, 2019 6:00 PM COUNCILMEMBERS: Tim BUSSE DWAYNE LOWMAN JACK BALOGA City Council Meeting AGENDA NATHAN COULTER SHAWN NELSON PATRICK MARTIN BioomingtonMN.gov: A yearly meeting schedule is available in the Council section. Also posted in this section are agendas (the Friday before a regular meeting), and the official minutes. 1. CALL TO ORDER 2. ORGANIZATIONAL BUSINESS 2.1 Bloomington Leadership Program: Learn to Lead 2.2 Bluff Standards Updates 2.3 Ballot Title and Question for Bloomington City Charter Amendment Section 12.12 - Intoxicating Liquor 2.4 Amending City Council Rules of Procedure 2.5 Garbage and Recycling - Curbside Cleanup Waste Characterization Review and Findings 2.6 Composition of the Sustainability Commission 2.7 Franchise Fees Update 2.8 City Manager Council Update 3. ADJOURN Ill CITY OF BLOOMINGTON MIN NESOTA Request for Council Action Originator Item Community Outreach and Engagement Bloomington Leadership Program: Learn to Lead Agenda Section Organizational Business Requested Action Information only— no action requested. Date Monday, July 8, 2019 Item created by: Amanda Crombie, Coordinator, Community Outreach & Engagement Division Presenter: Amanda Crombie, Coordinator, Community Outreach & Engagement Division Emily Larson, Coordinator, Community Outreach & Engagement Division Description On February 26, Community Outreach and Engagement staff conducted a focused conversation with the City Council to gather feedback on the Bloomington Leadership Program (BLP) that will be offered in the fall of 2019. The next BLP is scheduled for September -December 2019. Staff will provide an update on the BLP planning process, program objectives, course topics and timeline and answer Council's questions. Attachments: Bloomington Leadership Program Presentation Bloomington Leadership Program Draft Course Outline O a u pa V) •� O V) N 4- V V)(A0 H 1 O V .o E 1-- � L V) i z ro 0 v E o o6 a o ���� o� . 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Item created and presented by: Shawn James, Planner Description For this study item, staff will discuss the adopted standards from the Lower Minnesota River Watershed District's (LMRWD) 2018-2027 Watershed Management Plan in comparison to the City's various existing regulations and standards. Staff will present for discussion recommendations to achieve alignment between the City and the LMRWD standards. STAFF CONTACT Shawn James 952-563-8918 sjames@bloomingtommn.gov Attachments: Staff Report MN State Statute §10313.235 Resolution Opposing 2017 LMRWD bluff standard LMRWD Steep Slope Standards LMRWD Boundary in Bloomington LMRWD Appendix K Maps Planning Commission Study Meeting Minutes (5/9/2019) Sustainability Commission Meeting Minutes (5/14/2019) STAFF REPORT TO THE CITY COUNCIL July 8, 2019 Study Item Page 1 GENERAL INFORMATION Applicant: City of Bloomington Request: Discuss potential Code amendments to implement new Watershed District standards In 2018, the Lower Minnesota River Watershed District (LMRWD) revised and updated their standards for stormwater management and bluff protection. By State Statute, this update occurs every 10 years and the City must amend its official controls to implement the standards within 18 months (by April 2020) according to M.S. § 103B.235 (attached). Given the City's existing standards for bluff protection, steep slopes, stormwater management, and erosion control, staff seeks Council input on staff's recommended approach to implement the new standards. For this study item, staff will discuss the adopted standards from the LMRWD's 2018-2027 Watershed Management Plan in comparison to the City's various existing regulations and standards. Staff will present for discussion recommendations to achieve alignment between the City and the LMRWD standards. A GIS map application depicting the boundaries of the existing Bluff Protection Districts and the new LMRWD Steep Slopes standards is available at the project webpage (http://www.blm.mn/bluffupdate). CHRONOLOGY Planning Commission: Sustainability Commission: City Council: BACKGROUND 05/09/19 Study Meeting 05/14/19 Study Meeting 07/08/19 Study Meeting The update to the LMRWD's Watershed Management Plan ("Plan") began in October 2016, and underwent significant revisions in response to feedback from local governments and public outreach. The City of Bloomington took an active role in the review process by notifying residents, sending comment letters, meeting with LMRWD staff, hosting an open house and testifying at public hearings. The standards in the original LMRWD draft prohibited most land disturbing activities in the bluff impact zone with few exceptions. In addition, the watershed district's proposed bluff impact zone was proposed to encompass a significantly larger area than was impacted by City standards (see Figure 1). In November 2017, the City adopted a formal resolution opposing the STAFF REPORT TO THE CITY COUNCIL Study Item July 8, 2019 Page 2 proposed LMRWD Bluff Standards (attached). Bloomington has many single-family residences directly bordering the river bluff. The City's concern was that the proposed new standards did not provide sufficient balance between environmental protection and property rights. The City was also concerned with imposing too much expense for small projects. For instance, widening a driveway or constructing a small shed or patio might require a City permit and require an engineer's certification which could make these smaller projects cost prohibitive. Figure 1: Bluff & Bluff Impact Zone Structure Setback(40-100 feet) Bluff Impact Zone 20 feet I > 25 feet 1 20 feet Bluffline/ \ > 18%Slope Top of Bluff/Slope Bluff > 25 feet Toe of Bluff/Slope Based on input received during the review process, much of which came from the City of Bloomington and its residents, the standards were substantially amended. The LMRWD adopted standards only apply to the highlighted area in the image above. Rather than an outright prohibition, development is allowed within the Bluff Impact Zone provided an engineer signs off on the development meeting various objectives to protect the bluff. Driveway widenings that drain to the street and some small projects that are subject to City permits are exempt from having to have the engineer's sign off. The adopted LMRWD Steep Slopes Standards are attached. In addition to steep slopes, other standards shown below are included in the appendix of the LMRWD Plan. These are intended to protect, preserve, and manage surface water and groundwater resources. • Erosion and Sediment Control • Floodplain and Drainage Alteration • Stormwater Management • Shoreline and Streambank Alteration STAFF REPORT TO THE CITY COUNCIL July 8, 2019 Study Item Page 3 • Water Appropriations • Water Crossing Among other issues, increased development and more impactful precipitation events have created greater need to apply best practices in order to prevent soil erosion, enhance water quality, and improve natural habitat. The LMRWD standards aim to minimize the risk of landslides, property damage, and degraded waters. The City's existing regulations mostly meet or exceed the LMRWD's standards. However, the Code will need to be amended to incorporate the new steep slopes standards. Additionally, a provision in LMRWD's Stormwater Management standard requires a 100 ft buffer from trout waters that prohibits development. Some regulatory context and approaches to address these standards are described below. REGIONAL BLUFF/STEEP SLOPE ORDINANCES Many of the originally proposed LMRWD standards were based on the Mississippi River Corridor Critical Area (MRCCA) standards that were established by Executive Order in the 1970s and updated in 2016. These standards essentially prohibit development on steep slopes (18% or greater over 25 ft or longer) along the bluff. In many areas, a structure setback of at least 40-feet from the bluff line also applies. These standards are much more restrictive than the adopted LMRWD's standards, but many areas within the MRCCA do not contain homes directly adjacent to the bluff. Instead, many homes are located across a street from the bluff and are less impacted by the structure setback than Bloomington's residences would be under this standard. CITY ORDINANCES, POLICIES, AND PROCEDURES RELATED TO BLUFF PROTECTION The value of the river bluffs as natural open space, and the need to preserve them has long been recognized by the City. Bloomington uses multiple tools to balance environmental protections of the bluff with property development rights. The following tools apply to some of the areas and activities along the bluff. Bluff Protection (BP) Districts (19.38.11-12) The City has two Bluff Protection Overlay Zoning Districts. The Bluff Protection (BP-1) Overlay District applies to properties zoned residential, and the companion Bluff Development (BP-2) Overlay District pertains to those properties not zoned residential. Both BP overlay districts apply to areas along the Minnesota River bluff that are between the 722 and 800 elevation lines. BP-1 defines many of the base standards such as maximum impervious surface and prohibiting development below the 760-foot elevation. The Bluff Development (BP-2) Overlay District includes all of the BP-1 standards, and adds additional provisions such as STAFF REPORT TO THE CITY COUNCIL Study Item July 8, 2019 Page 4 setback requirements based on a building's bluff -facing height and facade area. BP-2 also contains standards for tree planting, with specific species and trees per acre requirements. Steep Slopes Ordinance (19.57.01) The steep slopes ordinance, adopted in 1982, regulates development activity city-wide in areas with steep slopes, defined as 12% or greater, or in areas where surface water runoff might be directed toward steep slopes. Although adopted at the same time as the BP Districts, the steep slopes ordinance does not apply to many of the properties within the BP District today due to a grandfather clause. Many variances were granted after the steep slopes ordinance was introduced in 1982, as the standards were considered too restrictive. The standards were revised in 1993 to allow more flexibility and a grandfather clause was added exempting all platted lots existing prior to adoption of the steep slopes ordinance (1993). Most properties along the bluff were platted before 1993, and are therefore not subject to the steep slope standards, even though they are located in the BP District. Steep slope standards include a maximum impervious surface allotment that varies depending on a property's average percent slope. For instance, a property with 18% average slope is limited to a maximum impervious surface coverage of 28%, and a property with 12% average slope is limited to 34% impervious surface coverage. The City has authority to redirect water runoff away from slopes by requiring owners to install gutters, reorient roof slopes, or regrade. Enforcement typically occurs through grading or building permit review and issuance. Grading Permit (15.12) The City requires a grading permit when fill, excavation, or grading projects alter > 50 cubic yards or > 5,000 square feet. However, in the BP District, a project with any amount of fill, excavation, or grading must obtain a grading permit. Erosion Control (16.08) The City requires submittal of an erosion and sediment control plan as part of any grading, parking lot, foundation, or building permit. The permitting process helps to ensure that best practices are used to stabilize soils and slopes, and gives the City authority to require additional measures in environmentally sensitive areas. Stormwater Management (Chapter 16) The City's stormwater management regulations prohibit any development, improvement, or alteration of land that would change the natural direction, quantity, and quality of drainage unless development plans are submitted to the City and the change conforms with the City's Comprehensive Surface Water Management Plan and Storm Water Prevention Program. STAFF REPORT TO THE CITY COUNCIL Study Item July 8, 2019 Page 5 COMPARISON OF LMRWD STEEP SLOPE AND CITY BLUFF STANDARDS The LMRWD's Steep Slopes Standard are outlined and compared with the City's existing BP District regulations in the following table. Many of these standards are closely aligned in both purpose and extent. LMRWD Steel) Slopes Standards I City BP Districts Coverage: • Slopes 18% or greater over 25 ft or longer within the Watershed District (attached) Activities requiring engineer's certification: land disturbing activities greater than 50 cubic yards or 5,000 square feet Any other activity requiring a municipal permit No variances are permitted, but the following exceptions are allowed: • Small projects (<50 cubic yards or <5,000 square feet) that require a municipal permit can be exempt from LMRWD standards if a Memorandum of Agreement is obtained • Driveway widenings that drain to the street & public storm sewer system • Maintenance/repair of existing structures, public roads, utilities, and drainage systems • Disturbances part of an approved local water plan • Native plantings • Selective removal of noxious, exotic, or invasive species • Pruning of trees and dead vegetation • Maintenance of existing lawns, landscaping, and gardens • Agricultural and forestry activities, including grazing and gardening Coverage: • All areas that fall within the 722 to 800-foot elevation along the river valley and extending along Nine Mile Creek up to 106th St. Regulations: • General Standards: o Trees greater than 12" diameter at breast height cannot be removed without City approval o Any excavation, fill, or grading requires a grading permit o Impervious surface limited to 20 percent o Structure height cannot exceed 830-foot elevation o Erosion control measures required prior to any construction, and City may require additional vegetation. • Below 760 feet: o Development prohibited o Existing structures can expand up to 20% of structure's lot coverage below 760 feet • Non-residential Development: o Additional development regulations for properties not zoned residential STAFF REPORT TO THE CITY COUNCIL Study Item STAFF RECOMMENDATION July 8, 2019 Page 6 Staff recommends incorporating the LMWRD standards into the BP Districts. Many of the City's Bluff Protection Districts and LMRWD's standards were designed with similar intentions of protecting the integrity of the bluff. However, while the LMRWD's standards focus on protection of steep slopes, the BP Districts contain additional standards relating to maintaining the visual and natural character of the bluffs area, such as height limitations. Likewise, the area covered by each of the regulations is similar, but is not perfectly aligned. ALIGNING LMRWD AND CITY REGULATIONS Areas where City regulations must be modified to align with LMRWD regulations include: 1) the area subject to regulations; and 2) the standards that apply to properties within the covered area. Area Covered While there is significant overlap between the areas covered by the LMRWD and the City's BP standards, the exact coverages are different. The City BP Districts apply to areas along the river bluff regardless of slope, whereas the LMRWD only regulates areas with steep slopes. For example, some areas in the BP District (along river bluff) have slopes less than 18%. Likewise, some areas with steep slopes are located in the center of Bloomington, away from the river bluff. At a minimum, the City is required to align its regulations with the LMRWD's steep slope areas. Expanding the BP District boundary to add the LMRWD steep slope areas would increase the geographic boundaries of the BP Districts and would increase the number of properties subject to the City's BP District standards to 667 private properties; 58 more properties than the current 609 private properties within the BP Districts. To minimize the number of impacted properties, staff recommends exempting properties from the standards in the existing BP District that are located across the street from the bluff and that fully drain into the City's stormwater system (about 33 properties). Staff recommends only applying the LMRWD standard requiring an engineer's certification to properties with steep slopes rather than all properties within the expanded BP District; many of which have areas on their lots with slopes less than 18%. Most properties with steep slopes that are thus subject to the LMRWD standards are located along the Minnesota River and are also located within the existing BP Districts. However, the area near Heritage Hills Park is outside of the BP District but within the LMRWD steep slopes boundary. Thirty-eight additional properties near Heritage Hills Park are subject to the new LMRWD standards, because they contain slopes of 18% or more. While this area is not adjacent to the river valley bluff, it drains to the river valley and is a part of the same watershed. Staff recommends applying the BP-1 Overlay Zoning District to this area as the best way to implement the LMRWD standards. This would mean that the properties near Heritage Hills Park would now be subject to the BP standards as well as the LMRWD steep slope standards. STAFF REPORT TO THE CITY COUNCIL Study Item July 8, 2019 Page 7 Changing the BP Districts' boundaries would require rezoning of many of the BP properties (over 600 properties). While rezoning can be burdensome, it allows for transparency by notifying property owners about the adopted LMRWD standards and providing information on how the new regulations might affect them. Standards The City is required to add new or revise its existing standards in order to incorporate the LMRWD regulations. As stated above, the new LMRWD standards have similar intentions as the City's existing standards. Many of the City's existing standards already meet or exceed LMRWD's standards. However, updates to the City's regulations are needed to address the following: o Steep Slopes: Within steep slope areas, the LMRWD requires that activities needing a municipal permit or exceeding a certain size (>50 cubic yards or > 5,000 square feet) must have a registered engineer or qualified professional in the state of Minnesota certify their suitability. This standard does not directly conflict with the existing BP District standards, and can be included as an additional provision. o Trout Stream Buffer: The LMRWD stormwater standard states that an undisturbed 100 foot buffer from trout waters must be maintained. This buffer area would extend beyond both the defined steep slope areas and the existing BP District boundaries. Language must be added to the City's regulations referring to the trout streams specifically mapped in LMRWD's Appendix K (attached). Staff recommends that the BP District standards be modified to reference the buffer and related standards, but that the BP District boundary not be adjusted to incorporate the 100 foot buffer area. The alignment of the stream is subject to change through natural processes, and a mapped stream and buffer area would create potential for inaccurate application of the standard. Instead, the BP District would reference LMRWD's Plan and maps. Additionally, any application for development would require a site survey, which would accurately map the location of the stream at the time a project is proposed. ADDITIONAL STAFF RECOMMENDATIONS Staff notes that the BP Districts were drafted in the 1980s and remain mostly unchanged. Staff believes that many of the existing BP standards remain relevant and should be retained. However, a few additional updates are suggested to improve organization and clarity of the standards to make them more user-friendly and up-to-date. For instance, given the high redundancy, the BP-1 and 13P-2 Districts could be combined. Standards that only apply to residential and/or non-residential properties could be clearly enumerated. STAFF REPORT TO THE CITY COUNCIL Study Item July 8, 2019 Page 8 The following are not required as part of the LMRWD standards, but are staff recommendations to create consistency in the Code and standards to reflect today's best practices. Staff wishes to confirm that the City Council agrees with bringing these changes forward to a public hearing. Application of Steep Slope Requirements: The minimum requirement to align the City and LMRWD standards regarding steep slopes would be to only apply the LMRWD's steep slope requirements to the areas within their jurisdiction (as recommended above). However, there are areas within the existing BP District boundary located in the Nine Mile Creek and Riley Purgatory Bluff Creek watershed district jurisdictions that have steep slopes. Applying the same standards to all properties within the BP District would create greater consistency and clarity. However, applying the new steep slope standards to all properties in the BP District would subject an additional 84 private properties to new standards. Align Bluff Protection and Flood Hazard District Boundaries: There is a narrow strip of land in some areas of the river valley that lies between the existing BP Districts and the Flood Hazard (FH) District. While most of this narrow area is public property, some is private and could theoretically have tree removal performed or become the location for accessory buildings. Staff recommends extending the bottom elevation of BP District to meet the boundary of the FH District. This would create regulatory clarity and consistency by closing the gap between the two Overlay Districts. Natural Resources Best Practices: The Minnesota River Valley Natural and Cultural Resources Plan (2018) made several recommendations to improve the BP Districts and enhance the ecological function of the bluff and river valley. The plan recognized a mosaic of habitats along the bluff, some of which may require tree felling in order to foster the oak savanna natural community. The plan also recognized dumping of yard waste as a source of undesirable nutrients that contribute to the growth and spread of invasive species. Staff recommends these additional standards be added to the BP District to better protect and enhance the bluff s natural communities: • Prohibit dumping of yard waste • Prohibit creation of concentrated points of water discharge (ie, gutters aimed down the bluff) • Identify, for reference only, a set of recommended best practices to enhance environmental integrity and minimize negative impacts on bluff adjacent properties. • Update tree planting density and species requirements in accordance with the intentions of the Minnesota River Valley Natural and Cultural Resources Plan OUTREACH To ensure broad awareness and understanding of the proposed regulatory changes and to provide a forum for property owners to provide input, the following outreach methods are used or proposed: STAFF REPORT TO THE CITY COUNCIL Study Item July 8, 2019 Page 9 A project webpage (www.blm.mn/bluffupdate) is available and includes information about the existing and new standards, upcoming public meetings, and links to LMRWD's website and Plan. The project webpage also displays an interactive map in which viewers can view the boundaries of the existing BP Districts, the extents of the new LMRWD standards, and are able to zoom and search by property to understand the full extent of potential impacts. Within the project webpage is an option to receive e-subscribe updates. An email was sent on May 15th to notify subscribers of upcoming public meetings. Emails will continue to be sent as meeting dates are set and project updates occur. An article in the June Briefing provided information about the LMRWD's updated standards, why they're needed, and the City's obligation to update our standards to achieve consistency. It also included the link to the project webpage. Informational meetings with the public and affected property owners will be scheduled following the study meeting with the City Council. These will provide an overview of the proposed code amendments to align the City and LMRWD standards. These meetings will be conducted at Civic Plaza, and will include a presentation from staff with time for questions. Three meeting dates will be available with daytime and evening options, occurring over a couple of weeks. A mailing will be sent to the affected property owners once direction is provided by the City Council and commissions on how to incorporate LMRWD's standards. The mailing will provide brief information about the standards, why they are required, and some implications of the impacts. A link to the project webpage will also be included. Additionally, if updates are made to the boundaries of the BP Districts, affected properties will need to be rezoned and will receive a separate rezoning letter. PLANNING COMMISSION STUDY MEETING At the May 9th meeting, the Planning Commission supported adding the LMRWD standards to the BP Districts. However, the Commission recommended creating a separate overlay district for the Heritage Hills area, or adding the area to the BP District but creating an exemption from the existing BP standards while still applying the LMRWD steep slope standards. The Commission also supported the additional staff recommendations to expand the BP District to include the Nine Mile Creek area, and to update the BP Districts to create clarity and consistency. Regarding natural resources best practices of yard waste dumping and concentrated points of water discharge, the Commission suggested adding these as recommendations instead of regulations. STAFF REPORT TO THE CITY COUNCIL Study Item SUSTAINABILITY STUDY MEETING July 8, 2019 Page 10 At the May 14th meeting, the Sustainability Commission recommended moving forward with the staff recommendations, and applying the most transparent option to adopt the required standards. However, the Commission desired that this project go further than simply updating the bluff standards. They generally supported the staff s recommendations as reasonable approaches but wanted more clarity about the context and more robust assessment of the impacts (benefit) of the proposed regulations. They expressed concerns about recommending regulations without better understanding their effectiveness or environmental impact (positive or negative). The Sustainability Commission also recommended applying and enforcing regulations for yard waste dumping and concentrated points of water discharge. Following the Sustainability Commission meeting, staff found that Section 10.38 of the Code may be applicable since it identifies brush piles as a nuisance and subject to regulations. However, brush that has fallen in natural wooded areas is considered exempt. While dumping of yard waste is not permitted on a property, it is difficult to identify and enforce in the bluffs due to its wooded character and topography. Staff recommends referencing Section 10.38 in the BP Districts, and encouraging greater education about best practices along the bluff. Requested Action Provide feedback on staffs recommendation to incorporate the Lower Minnesota River Watershed District's standards into the City's existing Bluff Protection Districts. Attachments M.S. §103B.235 Resolution opposing 2017 LMRWD Bluff Standard LMRWD Steep Slope standards LMRWD Boundary in Bloomington LMRWD Appendix K Maps Planning Commission Study Meeting Minutes Sustainability Commission Study Meeting Minutes MINNESOTA STATUTES 2018 10313.235 10313.235 LOCAL WATER MANAGEMENT PLANS. Subdivision 1. Requirement. (a) After the watershed plan is approved and adopted, or amended, pursuant to section 10313.231, the local government units having land use planning and regulatory responsibility for territory within the watershed shall prepare or cause to be prepared a local water management plan, capital improvement program, and official controls as necessary to bring local water management into conformance with the watershed plan within the time period prescribed in the implementation program of the watershed plan and, as necessary, shall prepare or cause to be prepared amendments to the local comprehensive plan. (b) Each town within the counties of Anoka, Carver, Dakota, Scott, and Washington authorized by general or special law to plan and regulate the use of land under sections 462.351 to 462.364 shall by resolution determine whether to prepare the local water management plan itself or to delegate all or part of the preparation of the plan to the county. (c) Towns within counties that have adopted comprehensive plans applicable to the town must use county preparation of their plan to the maximum extent possible. Subd. 2. Contents. (a) Each local plan, in the degree of detail required in the watershed plan, shall: (1) describe existing and proposed physical environment and land use; (2) define drainage areas and the volumes, rates, and paths of storm water runoff, (3) identify areas and elevations for storm water storage adequate to meet performance standards established in the watershed plan; (4) define water quality and water quality protection methods adequate to meet performance standards established in the watershed plan; (5) identify regulated areas; and (6) set forth an implementation program, including a description of official controls and, as appropriate, a capital improvement program. (b) The Board of Water and Soil Resources shall adopt rules establishing minimum local plan standards and a model environmental management ordinance for use by local government units in implementing local water plans. The standards apply to plan amendments made to conform to changes in the watershed plans that are adopted under the board rules required by section 10313.231, subdivision 6. Subd. 3. Review. After consideration but before adoption by the governing body, each local unit shall submit its water management plan to the watershed management organization for review for consistency with the watershed plan adopted pursuant to section 10313.231. If the county or counties having territory within the local unit have a state -approved and locally adopted groundwater plan, the local unit shall submit its plan to the county or counties for review. The county or counties have 45 days to review and comment on the plan. The organization shall approve or disapprove the local plan or parts of the plan. The organization shall have 60 days to complete its review; provided, however, that the watershed management organization shall, as part of its review, take into account the comments submitted to it by the Metropolitan Council pursuant to subdivision 3a. If the organization fails to complete its review within the prescribed period, the local plan shall be deemed approved unless an extension is agreed to by the local unit. Subd. 3a. Review by Metropolitan Council. Concurrently with its submission of its local water management plan to the watershed management organization as provided in subdivision 3, each local unit of government shall submit its water management plan to the Metropolitan Council for review and comment Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 10313.235 MINNESOTA STATUTES 2018 by the council. The council shall have 45 days to review and comment upon the local plan or parts of the plan with respect to consistency with the council's comprehensive development guide for the metropolitan area. The council's 45-day review period shall run concurrently with the 60-day review period by the watershed management organization provided in subdivision 3. The Metropolitan Council shall submit its comments to the watershed management organization and shall send a copy of its comments to the local government unit. If the Metropolitan Council fails to complete its review and make comments to the watershed management organization within the 45-day period, the watershed management organization shall complete its review as provided in subdivision 3. Subd. 4. Adoption and implementation. After approval of the local plan by the organization, the local government unit shall adopt and implement its plan within 120 days and shall amend its official controls accordingly within 180 days. Subd. 5. Amendments. To the extent and in the manner required by the organization, all amendments to local water management plans shall be submitted to the organization for review and approval in accordance with the provisions of subdivisions 3 and 3a for the review of plans. History: 1990 c 391 art 2 s 12; 1990 c 601 s 21; 1995 c 176 s 1-3; 1995 c 184 s 11 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. RESOLUTION NO. 2017- 141 A RESOLUTION OPPOSING THE PROPOSED LOWER MINNESOTA RIVER WATERSHED DISTRICT BLUFF STANDARD WHEREAS, the City Council of the City of Bloomington is the official governing body of the City of Bloomington, Minnesota; and WHEREAS, the Lower Minnesota River Watershed District (LMRWD) is in the process of amending its Watershed Management Plan; and WHEREAS, as part of the plan amendment, the LMRWD is proposing to amend the bluff standards; and WHEREAS, under the proposed bluff standard, the LMRWD is proposing to prohibit all grading, clear cutting, removal of vegetation and/or other land disturbing activities on the bluff and/or the bluff impact zone; and WHEREAS, as part of the plan amendment, the LMRWD proposes to expand the current state definition of a bluff to lower the minimum average slope threshold of a bluff area from 30% to 18% and increase the bluff structure setback from 30 feet to 40 feet, thereby significantly increasing the land area subject to LMRWD bluff standards; and WHEREAS, the proposed bluff amendments will prohibit structures and other land disturbing activities within the newly defined area of a bluff or bluff setback which will negatively impact hundreds of residential properties across the LMRWD; and WHEREAS, the LMRWD has provided the minimum level of notice required by statute, and has not effectively communicated the proposed bluff standard to individual property owners who will be most impacted; and WHEREAS, the LMRWD has not released a Statement of Need and Reasonableness (SONAR) related to the redefining of bluffs; and WHEREAS, the LMRWD's proposed bluff standard will severely limit uses on existing residential properties; and WHEREAS, the City Council of the City of Bloomington received notice from the Minnesota Department of Natural Resources on June 30, 2017, that a trout stream designation on the unnamed stream near the Mall of America (locally known as "Ike's Creek") was not necessary; and WHEREAS, based on water temperature monitoring and dissolved oxygen levels sufficient protections already exist for Ike's Creek and any additional regulations or mapping will not materially add to the protections for Ike's Creek and should not occur; and WHEREAS, the City of Bloomington already has in place extensive bluff protection provisions which the City actively enforces and have been effective for over 30 years; and WHEREAS, the City Council of the City of Bloomington endorses the Bloomington staff comment letter submitted on September 20, 2017, and the presentation made by the City of Bloomington at the LMRWD public hearing on Wednesday, October 25, 2017, in the County Board Room of the Carver County Government Center, 602 East 4th Street, Chaska, MN. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLOOMINGTON, that the City Council does not support the LMRWD's proposed changes to the bluff standard. Passed and adopted this (.0 day of November, 2017. 1 Mayor ATTEST: Secretary to the Council -4LCITY OF BLOOMINGTON MINNESOTA Resolution Number 2017- 141 The attached resolution was adopted by the City Council of the City of Bloomington on November 6, 2017. The question was on the adoption of the resolution, and there were C YEAS and 0_ NAYS as follows: COUNCILMEMBERS: YEA Gene Winstead Jack Baloga Tim Busse Dwayne Lowman 1-4 Jon Oleson Kim Vlaisavljevich Eldon Spencer RESOLUTION ADOPTED. NAY OTHER ATTEST: 6 �— - M " I k' " Secretary to the Council o Riprap shall extend no higher than the top of bank or two feet above the 100-year high water elevation, whichever is lower. b. Stabilize the shoreline with minimal horizontal encroachment and without interference of water flow or navigation. No riprap or filter material shall be placed more than six (6) feet waterward of the OHW. Streambank riprap shall not reduce the cross -sectional area of the channel or result in a stage increase of more than 0.01 feet at or upstream of the treatment. c. Design of shoreline erosion protection must reflect the engineering properties of the underlying soils and any soil corrections or reinforcements necessary. The design shall conform to engineering principles for wave energy dispersion and resistance to deformation from ice pressures and movement, considering prevailing winds, fetch, and other factors that induce wave energy. d. Use of riprap for merely cosmetic purposes is prohibited. e. Use retaining walls only when there is no adequate stabilization alternative and inaccordance with MN Rules 6115.0211. Retaining walls extending below the OHW of a water body are prohibited, except where: o There is a demonstrable need for a retaining wallin a public improvementproject. o The design of the retaining wall has been certified by a registered engineer. A determination by the District for a project meeting this Standard does not preclude it from needing a DNR Public Waters Work Permit. 9 Steep Slopes Standard 9.1 Policy Statement It is the District's policy to: • Protect water quality down gradient steep slopes from pollutant loadings of sediment, nutrient, bacteria, and other contaminants. • Maintain stability of steep slopes, shorelines, and other areas prone to erosion. • Sustain and enhance the biological and ecological functions of non-invasive vegetation on steep slopes. • Minimize impacts to and preserve the natural character and topography of steep slopes. • Protect properties and waterbodies adjacent to steep slopes from erosion, sedimentation, flooding, and other damage. • Promote public safety by requiring certification from qualified individuals before land - disturbing activities and other changes to land on steep slopes. Lower Minnesota River Watershed District Appendix K Page 1 23 Management Standards 9.2 Regulated Activity and Threshold • Land -disturbing activities that involves the excavation of 50 cubic yards or more of earth, or displacement or removal of 5,000 square feet or more of surface area or vegetation within the Steep Slopes Overlay District, as shown on the Lower Minnesota River Watershed District - Steep Slopes Overlay District Map (Figure K2). • Activities requiring municipal/LGU grading, building, parking lot, and foundations permits that result in a net increase in impervious surface or stormwater runoff within the Steep Slopes Overlay District as illustrated on Figure K2. 9.3 Exceptions • Upon showing, to the satisfaction of the LMRWD, that the LGU has enacted and is following official controls necessary to meet the intent of these standards, the LMRWD may issue an exception to the standard for projects with land -disturbing activities that require a municipal grading, building, parking lot, or foundation permit that impact less than 50 cubic yards or less than 5,000 square feet of surface area or vegetation. The exception, if issued, will be documented in a Memorandum of Agreement wherein the LGU must agree: (1) that it will enforce its official controls; (2) that the exception will terminal if the LGU amends its official controls, so they no longer meet the intent of these standards; and (3) that it will provide notice to the LMRWD of all permits issued under the exception. • New impervious areas associated with driveway widenings that drains to the street where runoff water is managed by a municipal storm sewer system. • Maintenance, repair, or replacement of existing structures, public roads, utilities, and drainage systems within the Steep Slopes Overlay District. • Disturbances that are part of an approved local water plan (LWP) to repair, grade, or re - slope existing steep slopes that are eroding or unstable to establish stable slopes and vegetation. • Native plantings that enhance natural vegetation of steep slopes. • Selective removal of noxious, exotic, or invasive vegetation using locally recognized methods to control and/or minimize their spread. • Pruning of trees or vegetation that are dead, diseased or pose a public hazard, and removal of vegetation in emergency situations from steep slopes. • Maintenance of existing lawns, landscaping, and gardens. • Agricultural and forestry activities. Lower Minnesota River Watershed District Appendix K Page 1 24 Management Standards 9.4 Standard The standards outlined in this section apply to the areas identified on the Lower Minnesota River Watershed District - Steep Slopes Overlay District Map (Figure K2). A. Land disturbing activities as regulated in this section may occur within the Steep Slopes Overlay District, provided a qualified professional/professional engineer registered in the state of Minnesota certifies the suitability of the area for the proposed activities, structures or uses resulting from the activities and the following requirements are addressed: 1. Minimum erosion and sediment control best management practices (BMPs) include site stabilization and slope restoration measures to ensure the proposed activity will not result in: i. adverse impacts to adjacent and/or downstream properties or water bodies; ii. unstable slopes conditions; and iii. degradation of water quality due to erosion, sedimentation, flooding, and other damage. 2. Preservation of existing hydrology and drainage patterns. Land -disturbing activities may not result in any new water discharge points on steep slopes or along the bluff. Stormwater ponds, swales, infiltration basins, or other soil saturation -type features shall not be constructed within Steep Slopes Overlay District. 10 Water Appropriations Standard 10.1 Policy Statement It is the District's policy to: • Maintain groundwater recharge and protect groundwater from contamination. • Promote management practices that protect groundwater recharge andquality. • Support enforcement of Wellhead Protection Plans, Individual Sewage Treatment Systems/ISTS, and community septic ordinances. • Support development and implementation of Wellhead Protection Plans. • Review appropriations requests for groundwater inHVRAs. • Evaluate the potential impacts of public or private infrastructure (including private and municipal groundwater appropriations) interference of flows on groundwater recharge, transmission, and discharge. 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'ONI 'ANVdW00 `0NRI33NION3113NNOO-H 8 SNans 8WZ O 1H0RUdOO 6lOZ/8/9 I))a4ouon pxw'7ou]sI0,lelian0 s dolS d�IS IVNlj\sooOojV�le4edsoeek�ipe4S\WeldPo4ve7eM M96\OMNVYl\SN3\s4ue!IOFZ:41ed 'ONI 'ANVdINOO ON1833NION3113NNOOM 8 SNans 8WZ O 1HORUdOO 6lOZ/8/9 I))a4ouon pxw'7ou]sI0,lelianO s dolS d�IS IVNlj\sooOojV�le4edsoeek�ipe4S\WeldPo4ve7eM M96\OMNVYl\SN3\s4ue!IOFZ:41ed 'ONI 'ANVdINOO ONIN33NION3113NNOOM 8 SNans 8WZ O 1HORUdOO 6lOZ/8/9 I))a4ouon pxw'7ou]sI0,lelianO s dolS d�IS IVNlj\sooOojV�le4edsoeek�ipe4S\WeldPo4ve7eM M96\OMNVYl\SN3\s4ue!IOFZ:41ed 'ONI 'ANVdINOO ONIN33NION3113NNOO-H 8 SNans 8WZ O 1HORUdOO 6lOZ/8/S !llayouon pxw'7ouls!O A.1-0 sadolS d�IS IVNlj\soo0ojV�le4adsoa0\�!po4S\usldPo4va7sM lLS96\OMNVYl\SN3\s4-a!IOFZ :4)ad Draft Page 5 ITEM 5 APPLICANT: City of Bloomington (study) 6:09 p.m. REQUEST: Discuss potential code amendments to implement new Watershed District standards DISCUSSION: The Lower Minnesota River Watershed District (LMR)ArD) recently updated their Watershed Management Plan, and State Statute requires the City to implement the standards in the Plan within 18 months (by April 2020). The new standards include those pertaining to erosion and sediment control, floodplain and drainage alteration, stormwater management, shoreline and streambank alteration, water appropriations, water crossing, and steep slopes. The City's existing regulations meet or exceed many of the LMRWD's standards, however the steep slopes standard is more restrictive than previous LMRWD slope standards and varies from the City's existing standards. The initial LMRWD draft of the steep slope standards were very restrictive, and essentially prohibited development anywhere within the bluff impact zone. City staff worked with the District to provide better notice to residents and suggested standards to better balance environmental concerns with the interests of private property owners. The final adopted standards reflected the feedback received, and became more permissive rather than prohibitive. Aside from steep slopes, there is one additional standard regarding trout waters that needs to be accommodated in the Code. The standard states that there must be an undisturbed buffer zone of 100 feet from a stream maintained at all times during construction and as a permanent feature after construction. While the City is required to implement the LMRWD standards by State Statute, there is also rationale for the standards. The steep slope standards are needed to protect water quality, enhance natural habitat, and prevent slope failures and property loss. Goodrum asked about the City's shoreland ordinance. James stated the bluff protection is not regulated by the shoreland ordinance. The river valley bluff is located beyond the shore area impact zone, and therefore is not subject to shore area regulations. The City has a variety of regulations to protect steep slopes along the bluff and elsewhere. The steep slope ordinance primarily limits the amount of impervious surface allowed on a site, and is based on the site's average percent slope. The steep slope ordinance is applicable to all properties in Bloomington platted after May 1, 1993. The bluff protection district only applies to properties along the bluff that are between the 722 foot and 800 foot elevations. Development is prohibited below the 760 foot elevation. However, existing structures can expand up to 20% of structures lot coverage below 760 foot elevation. Other standards apply to the whole BP District. Removal of trees greater than 12 inches diameter at breast height (dbh) is prohibited without City Forester approval, any excavation or fill requires grading permit, and there are structure height and impervious surface coverage limitations. Additionally, there are two bluff protection districts (BP-1 and BP-2). City of Bloomington Planning Commission Synopsis May 9, 2019 Draft Page 6 The BP-1 district applies to properties zoned residential and the BP-2 district applies to properties not zoned residential. The bluff protection overlay districts and steep slopes ordinance were adopted in 1982 as a result of the Bluff Report District Plan and earlier studies. Few changes have been made to these standards since their adoption. Staff recommends to incorporating the Watershed District's steep slope standards into the City's Bluff Protection Overlay Districts for several reasons. First, the Bluff Protection Districts and the LMRWD's steep slopes standard share similar intentions and coverage. By adding the steep slope areas to an overlay zoning district, a greater level of transparency is provided for the general public. This approach also avoids potential inconsistencies when interpreting the standards and how they relate to one another. Currently, there are 609 properties within the bluff protection overlay district and 155 properties that are significantly impacted (the building intersects alignment of standard) by todays standards. By incorporating LMRWD's steep slope standards into the BP Districts, there would be 677 properties within the BP District, and 280 properties would be significantly impacted. This approach increases the number of properties impacted by the BP District. However, the LMRWD standards are required to be implemented by State Statute, and the level of impact varies among each property. Solberg asked about the process of determining steep slopes. James said a site survey would most accurately determine slope. Goodrum asked if the City map data is accurate and can be used to determine slope. Markegard stated the map data is not perfect and would ideally get more accurate in the future. An engineer would have to sign off if there was development within the prohibited area. There was discussion regarding who is a qualified professional versus a State licensed engineer. The language in the Watershed Districts standards is not clear on this regard. If a property is in the bluff protection district today and is not in a steep slope, then it would not be subject to the new steep slope standards. There are also a few properties in the Heritage Hills area, outside of the river valley bluff area, that are within the watershed district and the LMRWD identifies as having steep slopes. Staff recommends including the properties in the Heritage Hills area in the bluff protection overlay district. For consistency, staff also recommends adding the LMRWD's steep slopes standard to properties within the City's BP District that are not within the LMRWD boundary. This would apply to 8 private properties in the Riley Purgatory Bluff Creek Watershed District and 98 properties in the Nine Mile Creek Watershed District. While this would increase the number of properties impacted by LMRWD's steep slopes standards, there are other properties that could be exempt from the bluff protection district. These include properties that are across the street from the bluff and fully drain into the stormwater sewer system. To summarize, staff recommends the following in order to accommodate the standards that must be implemented by State Statute: City of Bloomington Planning Commission Synopsis May 9, 2019 Draft Page 7 • Add LMRWD steep slope standards to the City's Bluff Protection Overlay Zoning Districts • Add the standard requiring a buffer around trout waters to the BP regulations • Include the Heritage Hills steep slope areas in the BP District There are also several staff recommendations that are not required by State Statute, but are recommended best practices and create consistency in the Code. These are as follows: - Apply steep slope standards to the properties in the Nine Mile Creek or Riley Purgatory Bluff Creek Watershed Districts that are within the existing BP Districts. - Align the lower elevation portion of BP District with Flood Hazard Overlay District - Combine BP -I and BP-2 ordinance - Add standards: o Prohibit dumping of yard waste o Prohibit creation of concentrated points of water discharge directed downhill o Update tree species and planting density — could be approved by city forester o Reference best practices It is important to note that there must be rezonings to include the new areas within the Bluff Protection Overlay District. Bennett asked about the definition of yard waste. Does it include prohibiting composting? The language should be clear about the definition of dumping and where it would be allowed. It could be applied to areas identified in the steep slope only. Gruidl mentioned that some property owners along the bluff have their gutter oriented toward the bluff and dump water over the edge. The standards provide a toolbox for owners to help protect themselves and the bluff. Bennett asked about properties that are grandfathered in. How would the City address those properties? Property owners along the bluff want to be stewards of the bluff and it is important to provide education on the new standards. Bennett asked why the additional recommendations were proposed. Other cities have bluff impact zones and best practices. Homeowners may be open to best practices. Bennett clarified the City has to adopt the Watershed standards. What are other options to comply? James mentioned the City could create a separate set of steep slope standards that would only apply to properties in the LMRWD. However, this would create inconsistencies in the Code, and allow for less transparency. Bennett asked if the steep slopes standard impacts properties not in the bluff protection district. Markegard mentioned it does expand the area of properties in the bluff protection district. The properties in the Heritage Hills area would be newly impacted by the BP Districts. However, there are also some properties affected by the existing BP Districts that might be considered exempt.. Bennett suggested including steep slopes into the bluff protection district so there is consistency and ease of understanding. The Heritage Hills properties are subject to the LMRWD steep slope standards. The Commission asked if these properties would also be subject to the BP standards? James clarified that if included in the BP District, then they would be subject to the BP standards,. The Commission inquired if there was another way to address the steep slope standards for the City of Bloomington Planning Commission Synopsis May 9, 2019 Draft Page 8 Heritage Hills properties. Goodrum asked about inconsistencies if adding the Heritage Hills area to the BP Districts, but removing the properties along the bluff that are across the street. James added that those properties across the street do not have steep slopes and are not required to be regulated by the steep slopes standard. The Commission suggested adding the Heritage Hills area to the BP Districts, but exempting those properties from the existing BP District standards, or creating a separate overlay district for the Heritage Hills properties with steep slopes. The Commission also agreed to include the standard for trout waters into the BP regulations. The Commission recommended that the additional staff recommendations regarding lawn waste and concentrated points of water flow should be included as best practices as opposed to enforceable regulations. The requirements could be difficult to regulate and enforce. Staff noted the majority of inquiries have been significant impacts and any education or mitigation could really help. Solberg asked about people's reactions to the standards. It is important to note how much the City has spent correcting the issues instead of being proactive. The Commission agreed with the other staff recommendations regarding consolidation of the BP-1 and 13P-2 Districts, and updating recommended tree species and density requirements that would also refer to City Forester for approval. The meeting adjourned at 7:34 p.m. Prepared By: EO Reviewed By: GM, SJ Approved By Planning Commission: City of Bloomington Planning Commission Synopsis May 9, 2019 c CITY OF BLOOMINGTON MINNESOTA Sustainability Commission Meeting Minutes May 14, 2019 6: 00 PM 8: 00 PM Bloomington Public Works, 1700 West Old Shakopee Road, Bloomington MN 55431 Commissioners Present: Claire Carlson, Steve Flagg, John Jaimez, Tim Sandry, Joe Strommen, and Deanna White. Councilmember Lowman. City of Bloomington Staff. Julie Farnham, Senior Planner; Bryan Gruidl, Senior Water Resources Manager; Steve Gurney, interim commission liaison; Karl Keel, Public Works Director; and Rozlyn Tousignant, staff. Guests: Diann Kirby, Community Services Director; Melissa Wurst-Persaud, Community Outreach and Engagement Manager; and Shawn James, Planner. 1. CALL TO ORDER Tim Sandry called the meeting to order at 6:05 p.m. 2. ROLL CALL Nominations included Tim Sandry, chair, and Joe Strommen and John Jaimez, vice -chair. Tim was voted chair by acclamation. Joe was elected vice -chair. 3. APPROVAL OF THE MINUTES Commissioner White motioned to approve the April 9, 2019, Sustainability Commission minutes, Commissioner Strommen seconded. Motion passed unanimously. 4. ORGANIZATIONAL BUSINESS Presentation by Diann Kirby and Melissa Wurst-Persaud, Farmers Market Collaboration Ms. Kirby provided the Commission with background on the City of Bloomington's outreach and engagement efforts. Currently the Outreach and Engagement Division has three events scheduled targeted towards three of the City Council's strategic priorities. The upcoming Farmer's Market event focused on Environmental Sustainability. Ms. Wurst-Persaud gave an overview of the intended format of standing stations with each station targeting a different area of Sustainability staffed by a Sustainability Commissioner and a Councilmember. This event has the potential for partnering with other agencies, providing different activities, and offering cultural volunteers for non-native English speakers. Outreach and Engagement would assist with marketing via press releases to Sun Current and Star Tribune, social media, E-Subscribe, etc. Ms. Wurst-Persaud explained that ideally the stations would be located near the various entrances to the Farmer's Market with the possibility of an "Engagement Vehicle" to further assist directing visitors. The goal of the discussion was to set up the stations or themes for the activities. Ms. Kirby opened the floor for feedback among Commissioners. Commissioner White asked if it was the same weekend of the Sustainability Booth at the Farmer's Market, the Commission noted that it would be a different weekend. Commissioner Jaimez asked about the first two engagement events and whether there were particular concerns raised among the Councilmembers and how the Sustainability Commission can anticipate those concerns in the design of the event. Ms. Kirby stated that this event will be structured differently than the previous town hall style event. Commissioner Jaimez posed the question regarding looking forward for the 2020 plan and potentially utilizing this event to seek resident input and feedback. Mr. Keel mentioned the recent survey conducted by the Commission. Commissioner Flagg mentioned the potential to gain further insight into "micro -issues" (plastic bags in grocery stores, restaurants with Styrofoam take-out carriers, etc) surrounding sustainability in Bloomington. Commissioner Sandry asked what can be accomplished at the meeting to keep the ball rolling. Ms. Wurst- Persaud noted that staff would need a commitment for staffing/volunteering for the event in order to move forward and put the planning into action (advertising, partnering with the City Council, etc.) Commissioner Sandry asked the Commission how many Commissioners would be available at the June 15' Farmer's Market from 9-11 a.m. The Commissioners present unanimously indicated availability for at least some portion of the event. Commissioner Sandry asked the Commission if the structure of the event is acceptable, Commissioner Strommen responded that the event layout and plan seemed appropriate. Commissioners Carlson and White volunteered to participate in the Farmer's Market Subcommittee. Commissioner Sandry offered to reach out to absent Commissioners regarding the subcommittee. Ms. Wurst-Persaud asked the Commission what their thoughts were about having the Hennepin County Library at the event to do a reading activity for the kids, Commissioner White stated that while it would be an acceptable activity, it might not be necessary. Commissioner Sandry asked about the Commission's Energy Audits focus of reaching low-income, multifamily housing units and whether the Community Outreach and Engagement group would be interested in assisting with the initiative. Ms. Wurst-Persaud responded that Outreach and Engagement also serves as the liaison for the Human Rights Commission and that there is potential for partnership between the two groups. Presentation by Shawn James, Planning Commission Mr. James noted that updating the bluff standards is about updating the City's standards in regards to the bluffs. Commissioner Sandry asked what action Mr. James is seeking in the presentation. Mr. James responded that the presentation was to gain insight and feedback from Commission members regarding staff s proposed bluff standard updates. Mr. James explained that the watershed district updated its plan and standards in October of last year, the City of Bloomington has until April 2020 to comply with the watershed district's standards. The City's existing regulations for the most part meets or exceeds the standards. Mr. James provided some context regarding the community response to the drafts of the standards. Commissioner Strommen inquired about the designation of Ike's Creek as trout waters. Mr. James explained that the DNR and the watershed have different definitions of trout waters, and by the watershed's definition, Ike's Creek qualifies as trout waters. Commissioner Jaimez asked when Engineers are required to sign off on work, what their signatures would attest to specifically. Mr. James responded that the Engineer would be signing off that the work meets best practices for erosion control. Mr. James highlighted some of the exceptions. Commissioner Strommen noted that on the map provided that none of the houses appeared impacted. Mr. James responded that it varies along the bluff. Mr. James again highlighted that the City currently has many regulations in place that overlap with regulations from other agencies, most of which fit into the proposed regulations. Commissioner Jaimez clarified that below the 760 contour line exists a development prohibition, and asked how much existing development is left below that line. Mr. James responded that there aren't developers looking to develop because of the restrictions and provided an example. Staff is recommending incorporating the watershed proposal in order to avoid inconsistency. Commissioner Jaimez inquired if the watershed standards are adopted, are the impacted properties grandfathered in or would they have to make changes to conform to the changed regulations. Mr. James noted that work would require an Engineer to sign off on future development. Commissioner Strommen noted that it appears the area is larger, however the regulations are less stringent. Mr. James noted that these standards are less strict than the first draft. Councilmember Lowman asked what impact the proposed regulations are projected to have on the environment and what the goal of the policies are. Mr. James explained that the watershed district's perspective is to increase the water quality. Commissioner Sandry inquired whether there is a goal according to the City's standpoint to mediate the environmental impacts or if the City is reacting to lower Minnesota River Valley's regulations. Mr. James shared that staffs aim is to increase the City's alignment with best practices. Mr. James highlighted some odd exceptions and cases. Councilmember Lowman mentioned the reference the trout streams in proposed City regulation changes however they are not specifically identified, going on to ask how the City would be able to know where the regulations apply in terms of enforcement. Mr. James noted the watershed provided maps that the City has referenced. Commissioner Sandry inquired as to the thought behind establishing the additional regulations as best practices. Councilmember Lowman asked how we would enforce regulations should residents continue to not abide by regulations. Mr. Gruidl explained that typically staff would not be notified of a violation unless it was discovered through surveying work or the impact of the violation effects neighbors. A discussion was held regarding enforcement of the bluff standards, clarity, and best practices. Commissioner Strommen noted that without sufficient context the Commission is not in a place to vote on the standards proposed. Commissioner Flagg agreed that there is a need for a purpose, goal, and plan as opposed to simply providing the proposed regulation changes. Commissioner Jaimez shared his preference that it would be preferred to have more than just best practices and to have further enforcement measures. Mr. James noted other methods of adding the watershed's standards to the City's policies, going on to ask the Commission if they are in agreement that the staff s proposed recommendations are acceptable. Commissioner Strommen asked if Commissioners felt this is not an acceptable way to move forward. Commissioner Jaimez requested that the Commission confer with the absent members to gain their insight on the issue. Commissioner Sandry noted that it seems as though the Commission finds the proposals to be acceptable, however, there is a preference to provide more context and be specific in regards to enforcement. Commissioner Jaimez noted that he is okay with staff moving forward with the proposal with increased transparency. Mr. James reflected a need for an overall plan for the destination of these standards; staff recommendations are reasonable and moving forward with increased transparency. Councilmember Lowman asked about the Commission's stance on the Heritage Hills proposal. Commissioner Strommen responded that it seemed those regulations were forced on the City. Commissioner Sandry noted support. Commissioner Jaimez asked what the staff recommendation was regarding the properties impacted across the street from the bluff protection districts. Mr. James noted that the staff s recommendation would be to remove those properties from the bluff protection district. Youth Representative Commissioner Sandry noted that the application for Youth Commissioner Carlson's position is open. Flyers are available for Commissioners to take and use for marketing. Commissioner Sandry reached out to the high school, league of women voters, etc. regarding spreading the word. Councilmember Lowman noted he would be able to bring the information before the joint school board. Youth Commissioner Carlson noted she would hang them up at Jefferson High School and Normandale Community College, would find someone to hang them up at Kennedy High School. Councilmember Lowman noted that Community Outreach and Engagement might be able to assist. Commissioner Sandry noted that there was previously a discussion for additional youth seats, asking if any Commissioners were opposed to adding another youth seat. Commissioner Sandry further suggested if adding a youth seat, that the Commission add only one additional youth seat. Commissioners expressed support. Commissioner White motioned the Sustainability Commission recommend the City Council to allow the Commission an additional youth seat, Commissioner Strommen seconded. Motion passed unanimously. GreenCorps Application Mr. Gurney provided the Commission with an overview of the GreenCorps position and application. 5. STRATEGIC ITEMS UPDATE Work Plan Commissioner Strommen gave an update on energy carbon, global sustainability studies, energy audits, partners in energy, social media outreach, congregation outreach, electric vehicle charges, and the solar garden. Commissioner Jaimez provided an update on solid waste, and the curbside cleanup study. A brief conversation took place regarding the status of the organics recycling survey. Additionally, updates were provided regarding an omnibus bill proceeding through the State legislature regarding chloride in water, residential water conversation, and ecological land stewardship. Marketing/Tabling Plan August Briefing article: Wind source by May 215t Video for June due May 28 Sustainable Lawns Public Works Open House takes place on Saturday, May 18th The Commission determined that there will not be a June tabling event at the Farmer's Market in addition to the Food for Thought event. Commissioner White and Youth Commissioner Carlson volunteered to staff the July 20t' Farmer's Market. 6. OTHER BUSINESS AND ANNOUNCEMENTS Commissioner Sandry noted that the Environment Commission Conference was a success with approximately 40 people from nearly all commissions in Minnesota. Commissioner Sandry will be out of country May 16th-June 6th 7. NEXT MEETING June 11 th 8. ADJOURNMENT Commissioner Flagg motioned to adjourn the May 14, 2019, Sustainability Commission meeting, Commissioner White seconded. Motion passed unanimously. The meeting adjourned at 9:04 p.m. N N D E E 13 L ) MIME U of 0 o 0 U CO' m U 11 IM I V E O.. c � O L 4- + r Ln c v c n E L L; Qj E= L L QJ J CC c 0 _0 V Ln z — V Lfl i f6 i 4— L m m 4-0 ■� to •- 06 N L s 00 IT -- CD N w 13 L L O LO N L Q� 0 O L U (1) O �- + co � O00 L � N L U 4) U U 0 (n L O 0 J W N 111 O (n O � a--' W N 13 L a 04 N x W co UC/) N O � 0 U) m O� Cl m m O O U O .U) O W E N Lok U) c y O V N N ■� }' N O •N 00 CL N co > N N N O Z O V m m 4-0 N i > 70 O c C6_ cn O E M O Q 70 1 U U 0 _O C6 c_n 06 W }' }' U) L O CL m w O +_ (n W o � L O Qi CV Q CO � a U m � L V t' CO N 0 � � O O •L O > L > .� j 0-0 O 0 a) L EM Q E +�-+ m M > > aD 0 o CL a� L C� CD N _� L (n � O m � O H O � O 70 =3 L Cli to 4-a U U .� 0 � �' U O 00 o j U ° (n a� - U _0 06 _0 _ cn O � j U U C6 - O U O � � O � O ° _ : � ° ° U) QL a� a� a� ° a) v a� o C) CL _0 a) L W^�, O U ) U 0- °6 U O U O a) Qm O a) OU 1 U) E i O Q N -0 U E (3) cn O �Q� Q� L .b= V Cam- U C6 Q ■E T O N U C6 iU T 'F O C6 � � U O O � � Ln � O m O A.-i A.-i U N U) N _0 O � •X O � � Cl) O n Cfl Cfl � m L�J a 4) 13 V >0 7C) (1) ry 70 E - � E U a) >. m 4- `m (6 > � `. +� m - _ Q ° � U p O Z O m w O U CJ i t Ic H MI- V E . ow 11 _ n s �At Pre : 1 \ `, U) 70 L 70 L U) o n O U O U Q cy) (n i 4) U_ �L 0 L O O QFMM Q) W o D U _0 O cn CD w Q w U Q%W.00> _ V a o E 0 4- CA 13 i i ---------- --I'd Iid uaP3 - C.O � o 4-1 o (3) . 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O O LL, Q Q O ♦m 0) a n m 0 O L O N O U) c O _ 4-1 m N 0 � iC .0.. �_ �U W 400 H V V a CL 0) V W CL D 1 I� U) O �4- �o �Q 70 70-F N U) U U 06 o c� O � � O � U � O � � O O O O Z } CL 0— W �� cn 0 a N,> > \-> \> > \> > \> > \> > > \> C 0 a� _0 U Q) Q � � >1 06 � U Q W 4-1 W 1 I.L m S2 0 ° om4-1 E° 0 ^ ° � m cis Q m to a' 2 m }, ~ L c� ° ° >, Q E O Q) Q � > O E ° (� m am c (� m U U _0 (a N = O o m a) X w _U U U) o 1 ° o c w w 1-: CV co "Zi- U-) Lel u V) N C: Q) Q) Q O E Q) m >1 >1 C � L � r , N CL- Go i •� O �N.a O •� : O E � E �Q Z H U m O o o0 Q ,- .� N U D L O 2 Q C, CITY OF BLOOMINGTON MINNESOTA Request for Council Action Originator Item Legal Ballot Title and Question for Bloomington City Charter Amendment Section 12.12 - Intoxicating Liquor Agenda Section Date Organizational Business Monday, July 08, 2019 Requested Action Discussion and direction to City Attorney regarding the text of the Ballot Title and question for Bloomington City Charter Amendment — Section 12.12 relating to Intoxicating Liquor. Item created by: Melissa Manderschied, City Attorney Presenter: Melissa Manderschied, City Attorney Description Local Ballot Questions State law refers to "special elections on questions," "public questions," and "ballot questions" when discussing citywide votes on questions voters have been asked to decide. A "ballot question" is a question placed on the ballot to be voted on by the voters of a city. The secretary of state uses the term "city question ballot" on its example ballot. All of these terms mean a vote on a city -specific issue. Even though this election coincides with a statewide election, it is technically a separate special election. Unless a question is authorized by law to be voted on it cannot be placed on the ballot.' The requirements in the law must be met before a ballot question can be placed on a ballot. Minnesota Statutes, Section 410.121 requires a ballot question to change the areas that intoxicating liquor or wine maybe sold.z A ballot question can only occur when all election -related deadlines can be met, including publication deadlines for all required notices.3 Generally, a question passes only with the majority in its favor as required by law or charter; however as to ballot questions in charter cities relating to intoxicating liquor, state law requires 55 percent of the votes must be in favor of the question. Many of the requirements are in state law and state rules such as that a notice of election to the county auditor must be sent at least 74 days prior to every city election. In addition to approving the ballot title and question, the city council 1 MS 205.10, Subdivision 1."Questions. Special elections may be held in a city or town on a question on which the voters are authorized by law or charter to pass judgment. A special election may be ordered by the governing body of the municipality on its own motion or, on a question that has not been submitted to the voters in an election within the previous six months, upon a petition signed by a number of voters equal to 20 percent of the votes cast at the last municipal general election. A question is carried only with the majority in its favor required by law or charter. The election officials for a special election shall be the same as for the most recent municipal general election unless changed according to law. Otherwise special elections shall be conducted and the returns made in the manner provided for the municipal general election." 2 MS 410.121 "Sale Of Intoxicating Liquor Or Wine; Favorable Vote. If the charter which is to be amended or replaced contains provisions which prohibit the sale of intoxicating liquor or wine in certain areas, such provisions shall not be amended or removed unless 55 percent of the votes cast on the proposition shall be in favor thereof." (History: 1969 c 1027 s 2) 3 MS 205.10, Subd. 5. "Limit on ballot questions. The governing body of a city or town may not act to submit a ballot question at a general or special election and may not accept a petition for submission of a ballot question at a general or special election unless all election -related deadlines can be met, including publication deadlines for all required notices. A petition rejected under this subdivision may be resubmitted at a time when compliance with all election -related deadlines is possible. Nothing in this subdivision requires the scheduling of a special election for a ballot question." should order the special election and direct the city clerk to submit the question to the county auditor and publish the notices and ballots as required by law.' Ballot Question Formatting Minnesota Rules govern the form of the ballot question. Ballot questions appear after offices on an optical scan ballot. The heading must read "CITY QUESTIONS" and be printed in uppercase letters. Below this caption, the instructions must read: "To vote for a question, fill in the oval next to the word "YES" for that question. To vote against a question, fill in the oval next to the word "NO" for that question." The question must be able to answer with "yes" or "no." The title cannot be more than ten words in length. The city attorney must review the title to determine whether it accurately describes the question asked and the title cannot be used on the ballot until approved by the city attorney. The title must be printed in uppercase letters and must be printed above the question to which it refers. The body of the question must be printed in uppercase and lowercase letters.' An example ballot is included in the materials. Ballot Education Cities may spend a reasonable amount of money to educate and inform voters on relevant facts and the potential effects of the passage or failure of a ballot question. The City is prohibited from using public funds to promote or advocate for the passage/defeat of a ballot question. Council members and charter commissioners are not prohibited from orally advocating for a measure so long as no public funds are used for the speaking engagement.6 A statement of position from the State Auditor and a Minnesota Attorney General Opinion are included in the materials. For example: Acceptable: This referendum would allow businesses to operate taprooms, cocktail rooms, and wine bars subject to City regulations and licensing requirements. Prohibited: Do you want to see taprooms in Bloomington? Then vote yes on Ballot Question 1. 4 MS 205.16, https://www.revisor.mn.gov/statutes/cite/205.16. 5 MR 8250.1810, subpart 10: Order and form of ballot questions. Ballot questions must be printed after offices of the same jurisdiction. Directly after the office type required in subpart 2, the following words must be printed in upper and lower case and no smaller than 8-point type: "To vote for a question, fill in the oval next to the word 'Yes' on that question. To vote against a question, fill in the oval next to the word 'No' on that question." or if a target shape other than an oval is used on the ballot, then the word "oval" must be replaced with the applicable target shape word. When more than one question is on the ballot for a given jurisdiction, each ballot question must be designated by a number and must be preceded by the words "County Question," "City Question," "Town Question," "School District Question," "Hospital District Question," and the number assigned to the question in as large as practicable but no smaller than 10-point bold type. The name and/or number of the jurisdiction that the question will represent may be printed directly under the heading of the question. The question heading and numbers (where applicable) must be shaded with a screen of at least ten percent. A clerk, county auditor, or appropriate governing body shall provide a title for each question printed on the ballot. The title must not contain more than ten words and must not be used on the ballot until it has been approved by the jurisdiction's legal counsel. The title must be printed in bold type in as large as practicable but no smaller than 10-point type and must be printed in the same section as the body of the question to which it refers. The body of the question must be printed in as large as practicable but no smaller than 10-point type. The words "Yes" and "No" must be aligned as close as possible to the vote targets and must be printed in bold type in as large as practicable but no smaller than 10-point type. e See Abrahamson v. St. Louis County Sch. Dist. 2142, 819 N.W.2d 129 (Minn. 2012). Timeline (by election — Charter Commission initiated) • Feb 26, 2019: City Council study session general discussion • May 2, 2019: Charter Commission meeting (general discussion) (Charter Commission resolution and direction to Council occurred after May 5, 2019) • May 16, 2019: Charter Commission adopts Res. 2019-1-C recommending the City Council adopt a resolution setting forth the title and ballot language pertaining to a proposed amendment of Section 12.12 of the City Charter relating to regulations for on -sale and off -sale intoxicating liquor in the City of Bloomington • June 3, 2019: City Council acknowledged receipt of Res. 2019-1-C • July 8, 2019: City Council study session to review ballot question language • July 15, 2019: City Council meeting to consider resolution calling for a special election (to occur with the general election) and ballot language to County • Early August 2019: City sends ballot language sent to County for approval • August/September 2019: City action on regulatory/licensing ordinances (effective 30 days after election in Dec 2019); optional time frame. This could be done in November, later, or never. • October 2019: Ballot question with ballot published in newspaper • November 2019: Election 55%voting "YES" on ballot question required for passage Change approved by voters effective 30 days after election Samples of Ballot Title and Question Example A: Title: Authorize Alcohol Sales in Additional New Licensed Places (Ex: Taprooms) Question: Should the Bloomington City Charter be revised to authorize the sale of alcoholic beverages at additional types of places, such as brewery taprooms and distillery cocktail rooms? Example B: Title: Remove Alcohol Regulations from the City Charter Question: Should the Bloomington City Charter be revised to remove additional regulations on the sale of intoxicating liquor in the City? Example from 2018 Ballot Question in Minneapolis: Title: Remove Area and Spacing Requirements for Liquor Licenses Question: Shall the Minneapolis City Charter be amended to remove from the City Charter the area and spacing requirements pertaining to liquor licenses? Minneapolis Liquor Licenses Charter Amendment Yes 129,602 72.03% No 50,328 27.97% City Charter Section 12.12 § 12.12 INTOXICATING LIQUOR. Subdivision 1. The "on sale" of intoxicating liquor in hotels, restaurants, clubs and bona fide clubs within the city is permitted. Subdivision 2. The "off sale" of intoxicating liquor within the city by persons licensed by the city, is permitted. Subdivision 3. Unless permitted in Subdivisions 1 and 2, the sale of intoxicating liquor in the city is prohibited. Subdivision 4. Definitions. (1) The term "intoxicating liquor" when used in this charter means and includes ethyl alcohol and includes distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2 percent of alcohol by weight. The term "sale" means and includes all barters and all manner or means of furnishing intoxicating liquor or liquors. "Off sale" means the sale of liquor in original packages in retail stores for consumption off or away from the premises where sold. "On sale" means the sale of liquor by the glass for consumption on the premises only. "Person" includes individuals, corporations, partnerships, and associations. (2) The term "hotel" means any establishment which: (a) Has a resident proprietor or manager; (b) Regularly furnishes food or lodging to transients for payment; (c) Maintains for the use of guests not less than 50 guest rooms with bedding and other usual, suitable, and necessary furnishings in each room; (d) Includes at the main entrance a suitable lobby, desk, and office for the registration of its guests; (e) Employs a legitimate staff to provide suitable service; (f) Maintains under the same management and control as the rest of the establishment; (g) Has as an integral part, a dining room with appropriate facilities for seating not less than 30 guests at one time; (h) And where, in the dining room, the public, for consideration of payment, are served meals at tables. (3) The term "restaurant" means any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals, for seating not less than 50 guests at one time, and where, in consideration of payment, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests, and the principal part of the business is the serving of foods. (4) The terms "club" and "bona fide club" are the same as defined in the laws of the State of Minnesota, as amended. Subdivision 5. Under the provisions of this charter and of the laws of the State of Minnesota, the control of the sale of intoxicating liquor is vested in the council of the city. The council must by ordinance prescribe detailed rules and regulations governing the issuance of licenses and cancellation and the sale and consumption of intoxicating liquor and must prescribe penalties for a violation. (Section 12.12 amended November 6, 1962 by Special Election; amended November 3, 1964 by Special Election; Ord. 70- 35, passed 8-10-1970; Ord. 71-51, passed 7-26-1971; Ord. 71-52 , passed 7-26-1971; Ord. 71-53, passed 7-26-1971; Ord. 2003-14, passed 5-5-2003; Ord. 2004-8, passed 4-5-2004) Attachments: OSA Statement of Position 1966 Minnesota Attorney General Opinion Sample Election Ballot 9419m"M rlp ., STATE OF MINNESOTA 3 OFFICE OF THE STATE AUDITOR �zc•,, ' a •r SUITE 500 (651)296-2551 (Voice) : 525 PARK STREET (651) 296-4755 (Fax) REBECCA OTTO SAINT PAUL, MN 55103-2139 statc.aud'staiia nsastatc,.mn.us (E-mail) STATE AUDITOR 1-800-627-3529 (Relay Service) Statement of Position Expenditure of Public Funds on Ballot Issue Advocacy Local units of government may want to advocate for the passage of constitutional amendments, local ballot questions, or levy referenda. Until recently, the question of whether public funds could be used for such activity seemed settled: With rare exceptions, the answer was no. Recently, however, the Minnesota Supreme Court explicitly declined to answer the question of "whether public funds can be expended to advocate for only one side of a ballot question."1 Because the law is now less certain, local governments should seek legal advice before making a decision to use public funds for such advocacy. In its 2012 Abrahamson decision, the Minnesota Supreme Court determined that political subdivisions that engage in such advocacy are potentially subject to the Campaign Financial Reports requirements and the Fair Campaign Practices requirements of Minnesota Statutes. The Supreme Court remanded the case so it can be fully litigated; indicating that the Supreme Court believes ballot advocacy issues should be determined by an authoritative fact finder following a formal presentation of evidence, i.e., the Office of Administrative Hearings or the courts.3 In the 2012 Abrahamson decision, the Minnesota Supreme Court indicated that allegations that campaign material is "false" will be determined in these forums using a statutory standard. Complaints alleging a local government has advocated passage without proper reporting or has disseminated false campaign material are filed with the Office of Administrative Hearings.4 Based on Attorney General opinions, most local governments have traditionally understood they could not use public funds to advocate for one side of a ballot question, and that public funds should not be used to influence voters, but may be used to "fairly and impartially 1 Abrahamson v. St. Louis County School District 2142, 819 N.W.2d 129 (Minn. 2012) (declaring the question to be one of first impression for the Court and one that need not be answered in the present case). 2 If a local unit of government advocates for the passage of a constitutional amendment, local ballot questions, or levy referenda, state campaign finance laws can apply. See Abrahamson v. St. Louis County School District 2142, 819 N.W.2d 129 (Minn. 2012). 3 Abrahamson, 819 N.W.2d at 136 (Minn. 2012) ("Whether, after the District answers the complaint and the case is fully litigated, the ALJ [administrative law judge] ultimately finds that these statements were promotional will depend on the evidence before it at that time."). 4 Minn. Stat. § 211B.32. Reviewed: April2014 2008-1001 Revised: April2014 This Statement of Position is not legal advice and is subject to revision. An Equal Opportunity Employer educate the electorate."5 For example, in a 1966 opinion, the Minnesota Attorney General determined that a school district had no authority to spend money to promote one side of a bond referendum.6 School boards could, however, expend a reasonable amount of funds to educate voters of facts pertinent to a ballot question or educational levy referendum.7 In addition, it has been generally recognized that elected officials may appear before citizens to orally advocate for a particular position as long as no expenditure of public funds is involved. $ In a 2006 letter, the Minnesota Attorney General acknowledged that circumstances may exist where a state action or proposal could have such a "direct and substantial effect" on the interests of a local government entity that the entity would have a legal right to promote and protect its interests. If such a legal right exists, the public entity could spend public funds to protect or promote its interests, even by financially supporting one side of a ballot issue. The Attorney General advised that previous Attorney General Opinions have concluded that public funds cannot be spent for advocacy where the proposed measures' effect would be "only indirect and in common with the public at large." Ultimately, however, the Attorney General failed to find such a legal right in the matter at hand in 2006, and advised that no public funds be used to advocate the public entity's position. In light of recent court decisions, the Office of the State Auditor recommends that local governments seek legal advice before spending public funds to advocate for passage of a ballot question. s See Attorney General opinions summarized in Abrahamson v. St. Louis County School District 2142, 802 N.W.2d 393, 401-02 (Minn. App. 2011), affd in part, rev'd in part, and remanded, 819 N.W.2d 129 (Minn. 2012). 6 Op. Att'y Gen. (159a-3, May 24, 1966). Id. s Id. Reviewed: April2014 2 2008-1001 Revised: April2014 r..ril�+ n{y �+t R �y r �j ^•p }gam f1 �pp�'I V 17�L R S n SCHO TJ 1�671�VS �vN� �S� —SUES " PROMIOTION School boards may expend reasonable amount of school district funds to impartially.plaice pertinent facts before vaterso and members may orally espouse affirmative causes but cannot use school district funds to promote an affirmative state on the proposal. V:ay 24 o 1966 159a-3 mossrag Dclaertyo Rumble & Sutler Attorneys for Indepaident Sckaol District No. 197 1000 First National Bank Building Saint Paulo Minnesota 55101 Attention: 1pir. Eugene 14.. Warlich Geiotlemen; in your letter to Attorney General Robert W . I-lattsonn you re gtest an - opinion. -FACTS Oftcently Independent Sch.val District , Nc- 197 c€ ndi-,-cted. an election for authority to issue bands, for improvement and conL;t uc,tian of schools. prick to and cluing the course of the election 'campaign' presentations `Sere made by members of the Board to var-ious citizens' groups. "During the same period certain literature was published o A copy Of a FaCt Sock is �nCllOsej. TZxis was ptrbli.shed at the expense of: the Board.. In ndditiono another bra^- cbure was p-abl.i.shed entitled "thy?' A copy Of this a1So is encloaod o the cost of publication of tlji.s vas kaarne -'�by the organization augaged as financial consultant for the diB trict. The mailing cost oas paid for by the school district. you will noise an the reverse side of this brochure the following% oWe urge you to vote Yes on Tuesday. February 30 1966.° Under that are listed the names of the Board of r2 '!ucation." I'STiONS (l) in making oral presentations to citizens' groups concerning a fortbcoming board election may rears of the School Board of an iasdepenJeRt schc�01 di'strict advocate the passage of a bond issue for the. construc- tionA modification, etc. of acbools? • r•.t Messrs. )3oherty, Rtwble 2 & Butler Y'ay 240 1966 11(2) During the 'campaign' involving the question .of the issuance of bonds for the constructiono modification0 etc. of schools -of an independent school district may school districts pay the mail- ing cost of literature printed at the Gxpense of otherso v-hich literature urges in the name of the school board or otherwise the passage of the band issued so long as the. expenses are reasonable? " (3) During the campaign involving the question of the issuance of bonds for the construationo modifica6 tiono etc. of schools may an independent school district pay for the cost of the literature, as well as the.mailing cost of literature whia-h urges in the name of the School ward or otherwise the passage of the bond issue, so king as the expenses are reasonable?" OBAER A-TIONS "Ift have independently researched the above captioned matter and .it appears that the Corrupt Practices Act does not apply to school district elections. o 208 Minn. 557. In addition, Chaptpr 211 does not by its terms appear to cover such elections nor is it suited thereto. In addition, we have examined Opinions of the Attorney General, 159b-11 dated September 170 1957, and 159a--3 dated I -lay 250 1962 which, in our opiniono do not answer the questions herein asked. Finally, we know that many of the members of our Board have felt restricted by a concept, whether valid or not, that they were precluded from advocating the passage of such an issue either orally or by literature. ",While it is our view that so long as the expenses are rea- sonable there should be no such limitation ei.tber as tooral presentations or presentation x by literature paid for by a school district# the answer is not clear. It would,, seem that as the B6ard has the authority to operate the schools, it sbOuld be allowed to advocate that uhieb it promulgates subject to their being a specifia restriction zgainst it. It should be able to expend reasonable e=s of the district to do so. It appears hypocritical to be unable to espouse a cause when it is the Board itself which hag sponsored the cause." Ede sers. :.oherty, marble n 3 & Butler OPINION May 240 1966 As stated in Ops. Atty. Gen. 159a-3, May 350 1962 and 159b-11, Septm-ber 170 1957 ( pies enelosed)o a school board may expend a reasonable amount of school district fuels to apprise the voters in the district of facts pertinent to the proposal. You ask whether the Soaxd can go further -than that and include in such factual sub- ed osion a, statement". "Ti►e urge you to vote Yes on Tuesday, February 9, 1966" and the naraes of the Board of Education listed thereunder. ..It has been held that a municipal. corporation holes authority to incur indebtedness or appropriate funds for the conduct of a campaign to mecure a favorable vote on a proposid boned issue. 64 C.J.S. 'Hunicipal Corpos�atians" 5 1838o p. 343; 15 BMcQuilling "Municipal Corporations" (3d Ed.) 5 39.21. In env 165 M.E. 129 (111Jo the court stated: "The amended bill charges, and the demurrers admit, that the aava3srtising . of which complaint is mare did not purport to be an impartial statement of facte'fog the information of the v6ters, but that it was an attempt, partisan in its nature, to induce the voters to act favorably iap. n the bond issues submitted at the election. The conduct of a campaign, before an election, for the Purpose of esterting an influence capon the voters, is not the exercise of an authorized municipal function and hence is not a corporate purpose of the municipality. More particularly appropos is the case of 99 Atl. (2d) 6e3 (N.J. ® Op. by judge. Mn. J. Brennan, Jr., now associate Justice of the U. S. Supreme Court), where the school board put out a factual sheet on a school bond issue to be voted upon, and it placed am the cover and on two of the *ryes the words "Vbte Yes" and "Vote Yes e December 2, 1953�` and further it included an entire page of argument as to what vi.11 happen if the bond proposal fails. t-:a.y 240 196-G Yzessrs. 3�ite�•�ya f & Butler The a ou:t upbeld tie night of the Board of Education to present the . facts to the voters. It -then stated (pages 677-678) : 10151 But the defendant board was not content simply to present the facts. The er3iortatiorn 'Vote Yea" is repeated on three pages e and the dirab Conse- quences of the failure so to do are over-dramtized ova' the pace rdpreducad above. In that manner the board made use of public funds to as ate one side only of the 'c-Waatroversial question without affording the dissenters the cspportu ity by melons of that fiaancGd Mad u-m to present their side, and thus imwril.led the propriety -of the entire expenditure. The public f:wds entrusted to the board belong equally to the proponents.and oppone��ts of the proposition, and the use of the funds to finance not the XarsSentatcioaz of facts i&srely but also argumants to persuade the voters that only acme Sids Yeas meritp gives the dis- se�iter±s -just ::cruse for. cxmplasint. The expsPc3kture is then not within the :imp+ljod pier awl is not lawful in the absence of eg.'press aea�-bvrity fr6m the Legis- lature. *** OUle do not mean that the yublic b-Ody form ulatizg . the progran is otberwise restrained fry advocating and espousing its maoption by the voters. Indeado as in the instant case, when the program repzeaents the body°s Judgment bf what is required in the effective discharge og its responsibility,, it is not only the right but parbaps Mae duty of the body to andeawrG to secure the assent of the voters thereto. The question wo are considering is simply the extent to and manners 'in v:hich fiords may with justice to the rights of dissenters be expended for espousal of the voters approval of '.tee bcdy 0 s judgment, Even this the bey may do witbin fair limits. The reasonable expe®sea for examplo, of the conduct of a pwblic forum at which all may apyea2 and frael.y express their views pro and corn would nat be improper. The same may be said of reasonable expenses incurred for radio or television broadcasts taXing the form of debates between proponents of the difioxing sides of the proposition. It is tlrt experAiture of public funds in support of cma sine Only in a manner wl icb gives the dissenters no oppad-tunny to present 'rl'eir side vbioh is outside the Vale.' Mesers. Doherty, Rui ble - 5 My 74o 1966 a Butler 116 foal tba d if ,these q_uestiolis were presented to our courts o their deci aion !would - be in harmony with the New Jersey opinion here cited„ asp-d we must therefore give you a negative answer to youv questions (2) . and . (3) e With respect to the individual members of the. board expressing their v haws orally. they. like -other public officialso are free to appear before citizens ° groups to support their decision and adva-date approval of a ]pond issue. Accordingly, we answer your firet question affirmativelye Very truly yours Attorney General LIMOS ol. I -LW 0ND j Assistant Attorneiy General. LJHa dk Enc. M.R. 8250.1810, subp. 3: "...At the top of a ballot containing only nonparti- san offices, the words "General Election Bal- lot"... shall be printed, except for first-class cities which may use an optional heading..." M.R. 8250.1810, subp. 10: When more than one question is on the ballot for a given jurisdiction, each ballot question must be designated by a number and most be preceded by the words._ "City Ques- tion,"... and the number assigned to the question in as large as practicable but no smaller than 10-point bold type..." M.S. §204B.36, subd. 2; 8250.1810, subp. 8: Num- ber of write-in lines must equal the number to be elected. M.R. 8250.1810, subp. 16: "The names of candidates to fill vacancies at a special election for... municipal... offices most be listed under the heading "Special elec- tion for (name of office)," followed by "To fill vacancy in term expiring (date)" with the name of the office, the date of expiration of the term, and any other u—n- mation necessary to distin- guish the office... Vacant offices being filled by spe- cial election must be listed with other offices of that type but after any offices for which a candidate will be elected for a full term... "' M.S. §412.02, subd. 1: The City Clerk and the City Treasr mer each serve 4 year terms but they are not to be elected in the same year. Therefore, even though both the offices are on the Example Ballot only one should appear on the actual November 5, 2019 General Election Ballot. Official Ballot eneraGl Election Ballot M.R. 8250.1810, subp. 5: "When more than one of Judge City Election Ballot the following types of of - Judge city fices is on the ballot, the of offices must appear on the November 5 2019 ballot in the following or- f der and must be identified as follows:... City offices Instructions to Voters: To vote, completely fill in the oval(s) next to your choice(s) like this:7question, City Questions... The name or the number of the appropriate mmmeipali- City Office Optional: City Name City Questity, school district, or spe- cial district may be added directly under the office Mayor y Optional: City Name To vote for a question, fill in the ovatypes listed in this sub - Vote for One "Yes" on that question. To vote againstart." q 9Pthe oval next to the word "No" on th. O Candidate City Question 1 O Candidate stion Title Must Consist of Ten or Fewer Words the question is printed here in upper and letters, as large as possible, but in no case Fand O Special Election for Mayor M.R. 8250.1810, subp. 6: ill vacancy in term expiring 10 point type. The title must be printed in the nuary 3, 2022 n as the body of the question to which it re- "The offices must appear or one ust also be in no smaller than 10 point type. on the ballot in the follow- Yesand No" must be placed directly below and no smaller than 10 point and bold. ing order and most be identified as follows in as large as practicable but no smaller than 10-point bold type. The office title most either be shaded with a screen of at least ten per - Q Candidate Candidate 0 Yes No way-­ra"r Council Member City Question 2 a Question Title Must Consist of Ten or Fewer If Required: Ward n or District n or At Large cent :... Vote for Up to Two Words It The body of the question is pri r2 uupper and "Mayor" "Council Member" O Candidate lower case letters, as a as ossible, but innnn cas 9 p smaller than 10 point type. The title must be printed in the "City Clerk" "City Treasurer" Q Candidate same section as the body of the question to which it re- fers, and must also be in no smaller than 10 point type. "Yes" and "No" must be placed directly below and no smaller than 10 point and bold. "City Questions..." If on the same ballot with other offices of the same type, offices elected at large most include "At Large" following the office identification and most be Q Candidate O wine-n,n�y Q Yes Q wage-",�fa"r Special Election for Council Member No If Required: Ward n or District n or At Large listed before other offices City Question 3 To fill vacancy in term expiring January 3, 2022 of the same type elected by The Question Title Must Consist of Ten or Fewer Words Vote for one district. Where nonjudicial of - (Z:D Candidate When two or more questions from the same jurisdiction £ices are designated by Q Candidate appear on a ballot, the questions must be numbered. All other formatting rules apply, however, you do not need to repeat the instructions. number, those offices most be listed in numerical or - der and must be printed directly under the title of O City Clerk or City Treasurer 0 Yes the office If an office is Vote for One not to be filled at a general election, the office must CD No Q Candidate BY VOTING "YES" ON THIS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY TAX INCREA The maximum amount of increased levy as rcentage of not appear on the ballot..." Q Candidate 0-m. ean, market value is1. M.S. §275.61, Subd. 1: `...The ballot shall state the maximum amount of the increased levy as a percentage of market value and the amount that will be raised by the new referendum tax rate in the The amount that will be raised by4he new referendum tax rate in the first year it is to be levi is $ Precinct Name first year it is to be levied.... this subdi- vision does not apply to tax levies for the payment of debt obligations that are approved by the voters after June 30, M.S. §275.60: "(a) Notwithstanding any general M.R. 8250.1810, subp. 1: 2008" or special law or any charter provisions, but sub- "...Each ballot must have ject to section 126C.17, subdivision 9, any ques- printed on it both the name tion submitted to the voters by any local govern- of the precinct and an elec- mental subdivision at a general or special election tronically readable precinct after June 8, 1995, authorizing a property tax levy identifier or ballot style or tax rate increase, including the issuance of debt indicator. A ballot style obligations payable in whole or in part from prop- used in more than one pre- erty taxes, must include on the ballot the following enter may have the names notice in boldface type: "BY VOTING "YES" of all precincts in which it ON TIBS BALLOT QUESTION, YOU ARE is used printed on the bal- VOTING FOR A PROPERTY TAX IN- lot. If multiple ballots CREASE." styles are to be used in the same precinct for precincts split by school districts, each ballot style must in- clude the precinct name and applicable school dis- trict number..." 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O nV I1 W CY -J • • � v ,n W I 4 .� • V O O o .w E • C: .0 C: a--� WI-0 W N 4% N � O O V '-o O V cn -, �-{% tn (n lV > E •r N E yy.����� W! 0 O ram' v � 00 4) Q T( � V C O•> N V�^u N = C V Q ,— 5 o N- U U U L- V O Q m u 6 I, s I. 6 L -j 7 O N N cn O Q O 4-Ja-1 Z; 4 C U O N On � � c O U aJ N N > E �- O a-+ N Q N to Z ON O N 4-J N Q L N 4-J E N QU N E 4-J O O E L.- 0 LL Ill CITY OF BLOOMINGTON MIN NESOTA Request for Council Action Originator Item Legal Amending City Council Rules of Procedure Agenda Section Date Organizational Business Monday, July 08, 2019 Requested Action Discussion: Consideration of amendments to Rules of Procedure. Item created by: Melissa Manderschied, City Attorney Presenter: Melissa Manderschied, City Attorney Description The Council's Rules of Procedure have not been updated in nearly a decade. The City Council and staff requested the preparation of some amendments for the Council's discussion. These amendments are discussed below. Any amendment of these Rules will need to be adopted by the City Council by Resolution. General 1. Roman numerals were replaced with Arabic numbers. 2. Footnotes will need to be updated. 3. The guiding edition of Robert's Rules of Order was amended from the 10th edition to "the most current edition." 4. A three minute time limit per speaker was added as a method of ensuring order and the efficient administration of government in a constitutionally permissible manner. 5. Gender specific references to his or her were removed and replaced with one's. Meetings of the Council 1. The time and day were clarified to reflect current practices. 2. The adoption of an annual meeting schedule was added as that is current practice. 3. An 11:00 P.M. adjournment was added. 4. The City Manager was added to the list of personnel that can call a special meeting. 5. Email was added as an acceptable means to receive notice of a special meeting. First Meeting of the Year 1. Appointing boards and commissions was removed because this occurs on an as needed basis. Agendas 2. A process for adding items to the Council agenda was added. 3. The meeting location must be printed on the agenda. 4. The process by which the consent agenda is acted on must be printed on the agenda to provide information and notice to the public. 5. The requirement to send a copy of the agenda to the newspaper was removed because this is handled electronically upon the request of the media outlet. 6. Timing of the distribution of the agenda was updated. Order of Business Pledge of Allegiance was removed because this occurs within the introductory items on the agenda. Approval of Agenda was added to accommodate last minute additions or clarifications. Addressing the Council 1. The limit on receiving oral communications from only taxpayers or residents was removed as this can be difficult to verify on the spot. 2. Terminating a speaker's remarks when repetitive was removed in favor of a general three minute limit. 3. The public comment period was adjusted to be a 20 minute time period instead of a set time frame. Handling a Motion 1. A motion to postpone was removed because it is procedurally distinct from tabling. If postponement is desired instead of tabling then Robert's Rules would guide that process. 2. The process to reconsider a prior vote was clarified to only be permitted during the same meeting in order to preserve order and efficient administration of business. The identification of the prevailing party was clarified. Code of Conduct Orderly administration of government was described in more detail. A reference to the Minnesota Government Data Practices Act was added. Revealing confidential information is stated as a violation of the Rules. Enforcement of Decorum Additional options for remedies were added for someone removed from a meeting to be consistent with recent case law. The use of signs in a meeting room was defined in order to prevent the obstruction of views by those present or watching online. Ordinances, Resolutions, Motions, and Contracts Sponsorship procedures were revised to reflect current practices. Presentations and Proclamations A clarification was added that the two business day submittal requirement applies to members of the public. City Council E-mail Communications 1. A clarification was added to change the hub of council member contact from the Council Secretary to the City Manager or the Manager's designee to align with current practices and best practices under the Open Meeting Law. Attachments: DRAFT Amendments to Rules of Procedure July 3, 2019 DRAFT FOR DISCUSSION CITY OF BLOOMINGTON COUNCIL RULES OF PROCEDURE BLOOMINGTON, MINNESOTA (Revised) July 18, 2005 (Revised) December 21, 2009 (Revised) July 12, 2010 (Revised , 2019) July 2, 2019 DRAFT FOR DISCUSSION A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF BLOOMINGTON Be it resolved by the City Council of the City of Bloomington that the following Rules of Procedure for the City Council are hereby established. SECTION 1. Meetings of the Council.' (a) Time and Day. The City Council shall hold regular meetings at 7:00 p.m. two Mondays a month typically; however meetings may be added at other times and days of the week as needed. The Council shall adopt a schedule of its regular meetings by resolution at least annually. To cancel a meeting, the Council must amend its schedule by resolution. Each regular meeting shall adjourn on or before 11:00 p.m. unless a vote to extend the meeting to no later than midnight is adopted by a majority of those members of the Council present at that meeting. (b) Place. Unless another place is designated in advance by the Council, all regular meetings of the City Council for the purpose of taking official action shall be held in the City Council Chambers of the City Hall, and shall be open to the public and to the media. (c) Special Meetings. The City Manager, the Mayor, or any three members of the Council may call special meetings of the Council upon at least twelve hours notice to each member of the Council and such notice shall be posted at the City Hall for a like period. Such notice shall be delivered personally to each member at the electronic mail address provided by the City to each member or shall be left at the Member's usual place of residence with a responsible person. (d) Study Meetings. One or more meetings of every month may be reserved as study meetings for discussing, deliberating and planning on matters of general concern for the proper development and future well-being of the community. Any other business may be ' Section 1 amended by resolution adopted January 12, 1981. Section 1 amended by resolution adopted July 6, 1981. Section 1 amended by resolution adopted December 21, 2009. July 3, 2019 DRAFT FOR DISCUSSION considered at the discretion of the Council. Study meetings, at the discretion of the Council may be scheduled on the same day of their regular business meeting but at a separate time. The place at which study meetings are held shall be designated in advance by the Council. While study meetings shall be open to the public, no public comment or public hearings shall occur at this meeting. (e) Public Notice and Attendance. The City Clerk shall maintain a schedule of all scheduled regular and study session meetings of the City Council that shall be available for public inspection during regular business hours. All meetings of the Council must be open to the public in accordance with the Open Meeting Law, Minnesota Statutes Chapter 131). (f) Meetings with the City Manager. Members of the Council may individually meet informally with the City Manager. (g) Council Voting. The aye and no vote of each member of the Council on ordinances, resolutions and motions shall be recorded in the minutes unless the vote is unanimous, which record shall be open to public inspection at all times during regular business hours. (h) Tie Vote. When there is a tie vote on a motion, the motion is lost. If such tie vote results from the absence of a member or members, it shall be automatically continued to the next regular meeting and; if necessary, until such time as the tie vote is broken. SECTION 2. First Meeting of the Year.2 The City Council shall hold an organization meeting on the first business day of January following a regular municipal election at the usual time and place of holding Council meetings. In all other years, the City Council shall hold an organization meeting not later than the second Monday of January. The organization meeting shall be held to: (a) Appoint the Secretary of Council. (b) Designate the official depository of City funds. (c) Designate the official newspaper of the City. 2 Section 2 amended by resolution adopted December 30, 1968. 2 July 3, 2019 DRAFT FOR DISCUSSION (d) Designate the acting Mayor, who shall serve in the absence of the Mayor. (e) And such other organizational business as deemed necessary. SECTION 3. Agendas.3 All reports, communications, ordinances, resolutions, contract documents or other matters submitted to the Council shall be filed not later than 4:00 p.m. on the Wednesday prior to the regular Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in the Manager's absence shall be filed with the acting City Manager for inclusion in the proper order of business on the agenda. Provided, however, in unusual circumstances and when the matter does not require investigation by the City Manager or some department head, matters may be accepted after completion of the agenda upon approval of the City Manager. Any two members of the Council or the Mayor may request that the City Manager include a matter on the agenda. Each agenda shall state the location of the Council meeting and explain the passage of matters on the consent agenda. No item of business will be considered by the Council which does not appear on the agenda for the meeting, except that an item of urgent business which requires immediate action and is so stated as such may be considered by the Council whether or not there is a full membership present. The Mayor, each Councilmember, the City Manager, the City Clerk, and the City Attorney shall be sent a copy of the agenda by the afternoon of the Friday prior to a regular Monday Council meeting or three days prior to a special Council meeting. SECTION 4. Administrative Officials. No matter may be submitted for Council action by an administrative official, department head, or employee unless they have first been presented to the City Manager for investigation or study for inclusion on the agenda. 3 Section 3 amended by resolution adopted January 12, 1970. 3 July 3, 2019 DRAFT FOR DISCUSSION SECTION 5. The Presiding Officer and Duties.4 The Presiding Officer of the Council shall be the Mayor. The Mayor shall assume the chair of the Presiding Officer at the first meeting of the Mayor's term of office. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. As Presiding Officer, the Mayor may use the most current edition of Robert's Rules of Order for guidance, interpretation or to supplement these Rules. The Mayor shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor may vote on all questions, being the last name called. The Mayor shall sign all ordinances and resolutions and contracts adopted by the Council during the Mayor's presence. In the event of the absence of the Mayor, the acting Mayor shall sign ordinances or resolutions or contracts as then adopted. SECTION 6. Call to Order — Presiding Officer. The Mayor, or in the Mayor's absence, the acting Mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor, or the acting Mayor, the Secretary of Council shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the members of the Council present. Upon the arrival of the Mayor or acting Mayor, the temporary Presiding Officer shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. SECTION 7. Roll Call. 4 Section 5 amended by resolution adopted December 21, 2009. 11 July 3, 2019 DRAFT FOR DISCUSSION Before proceeding with the business of the Council, the Secretary of Council shall visually check the roll of the members and the names of those present and absent shall be entered in the minutes. SECTION 8. Quorum.5 A majority of all members elected constitutes a quorum to do business at any regular or special meeting of the Council, but a smaller number may adjourn from time to time. SECTION 9. Order of Business.6 All official meetings of the Council shall be open to the public and the media in accordance with the Open Meeting Law, Minnesota Statutes Chapter 13D. Promptly at the hour set on the day of each regular meeting, the members of the Council, the City Manager, the City Attorney, and the Secretary of Council, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. CALL TO ORDER 2. INTRODUCTORY 3. APPROVAL OF AGENDA 4. CONSENT BUSINESS 5. PUBLIC COMMENT PERIOD 6. HEARINGS, RESOLUTIONS, AND ORDINANCES 7. ORGANIZATIONAL BUSINESS 8. ADJOURN SECTION 10. Hearing Procedure.? (a) Parliamentary procedure. Parliamentary procedure governed by the most current edition of Robert's Rules of Order shall be followed at meetings where hearings are 5 Section 8 amended by resolution adopted December 21, 2009. 6 Section 9 amended by resolution adopted January 2, 1974. Section 9 amended by resolution adopted December 21, 2009. 7 Section 10 amended by resolution adopted December 21, 2009. July 3, 2019 DRAFT FOR DISCUSSION held. At study session meetings, or when determined by the Presiding Officer or by majority vote of the Council, strict adherence to these rules may be set aside, except when motions are before the Council. (b) Hearing Procedure. The Presiding Officer shall state the matter to be heard. 2. The Presiding Officer may call upon the staff representative to present the staff report. At the conclusion of the report, Councilmembers may ask questions of the staff representative through the Presiding Officer. The Presiding Officer may thereafter call upon the applicant, licensee or other interested parties to address the Council on the matter under consideration. 4. All persons addressing the Council, including City staff, must address the Presiding Officer only, not other Councilmembers, staff, or the public. 5. There shall be no dialogue amongst Councilmembers, staff or the public during the hearing. Councilmembers may ask questions of persons addressing the Council in order to clarify a fact, but any statement by a Councilmember for anything other than to pose a question on the matter under consideration may be ruled out of order by the Presiding Officer. 6. After all new facts and information have been brought forth to the Council, the hearing may be closed upon a majority vote of the Council. 7. If the hearing is closed the Presiding Officer may recall anyone who testified during the hearing in order to clarify points raised subsequent to the closure of the hearing. At the discretion of the Presiding Officer, if the testimony received after the closure of the hearing brings forth new facts or information of a substantive nature, the hearing may C July 3, 2019 DRAFT FOR DISCUSSION be reopened so that all interested parties may be heard again, but only to respond to the new facts or information. 8. Upon the completion of the hearing the Councilmembers shall debate the matter under consideration. SECTION 11. Minutes. (a) The Secretary of Council shall keep the record of all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Secretary of Council has previously furnished each member with a copy thereof. SECTION 12. Rules of Debate.8 (a) Participation of the Presiding Officer. The Mayor or such other member of the Council as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of the Councilmember acting as the Presiding Officer. (b) Getting the Floor — Improper References to be Avoided. Every member desiring to speak shall address the Presiding Officer, and upon recognition by the Presiding Officer, shall confine comments to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call the member to order, to vote on a motion, to close a debate, or as herein otherwise provided. If a member, while speaking, is called to order, the member shall 8 Section 12 was amended by resolution adopted December 21, 2009. 7 July 3, 2019 DRAFT FOR DISCUSSION cease speaking until the question of order is determined and if in order, the member shall be permitted to proceed. (d) Privilege of Closing Debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) Remarks of Councilmember — When Entered in Minutes. A Councilmember may request, through the Presiding Officer, the privilege of having an abstract of the member's statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (f) Synopsis of Debate — When Entered in Minutes. The Secretary of Council may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. SECTION 13. Addressing the Council.9 Any person desiring to address the Council shall first secure the permission of the Presiding Officer. (a) Written Communications. Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion. (b) Oral Communications. Members of the public, or their authorized legal representatives, may address the Council by oral communications on any matter concerning the City's business, or any matter over which the Council has control; provided, however, that preference shall be given to those persons who may have notified the City Manager or the acting City Manager in advance of their desire to speak in order that they may appear on 9 Section 13 established by resolution adopted July 12, 1993. Section 13 was amended by resolution adopted December 21, 2009. July 3, 2019 DRAFT FOR DISCUSSION the agenda. The Presiding Officer may limit remarks to three minutes per speaker so long as such a limit is uniformly enforced. (c) Public Comment Period. Notwithstanding any provisions of these Rules to the contrary, a public comment period is hereby established for the purpose of providing members of the public with an opportunity to address the City Council on any subject pertaining to City business not on the agenda. . The public comment period shall occur for up to twenty minutes at each regular City Council meeting; provided, however, that the City Council may vote to extend the length of the public comment period. Individuals shall limit their remarks to three minutes unless granted additional time by the City Council. Any person wishing to address the City Council during the public comment period may notify the City Manager's office in advance of the meeting. Preference shall be given to those persons who may have notified the City Manager or the acting City Manager in advance of their desire to speak in order that they may appear on the agenda. Each person addressing the Council shall step up to the microphone in front of the dais, shall state one's name in an audible tone of voice for the records and sign the speaker's register. (d) Reading of Protests, etc. Interested persons or their authorized representatives may address the Council by reading of protests, petitions, or communications relating to zoning, special or general assessment proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration. The Presiding Officer may limit remarks to three minutes per speaker so long as such a limit is uniformly enforced. SECTION 14. Handling a Motion.lo to Section 14 established by resolution adopted December 21, 2009. E July 3, 2019 DRAFT FOR DISCUSSION (a) Main Motion. A Councilmember may ask for recognition and be recognized by the Presiding Officer. A brief preliminary statement in favor of the motion may be made before the motion is stated. All motions shall contain only one subject. All motions require a second. The Councilmember seconding the motion may speak for or against the motion. Once seconded, the Presiding Officer shall state the motion and thereafter no other topics may be taken up until after the motion is disposed of. The motion under consideration may now be debated pursuant to Section 12 of these Rules. (b) Motion to Amend. Any Councilmember may make a motion to amend in order to change, add, or omit some part of a main motion. This motion is debatable and requires a majority vote of the Councilmembers present for passage. A motion to amend is not amendable. First, a vote must be held on the motion to amend. If that vote is affirmative, the second vote is held on the main motion as amended. Only one amendment to a motion should be on the floor at any one time. (c) Motion to Table to a Time Certain. Any Councilmember may make a motion to require that consideration of the main motion be delayed until a certain, stated time for, among other reasons, obtaining more information. A future date certain must be set when the subject is considered. This motion is debatable and requires a majority vote of the Councilmembers present for passage. (d) Motion to Table Indefinitely. Any Councilmember may make a motion to postpone consideration of the main motion so that the issue under consideration will be taken up at an unspecified, later date when it is placed on the agenda and a majority of the Councilmembers present vote to call it from the table. This motion is not debatable and requires a majority of the Councilmembers present for passage. 10 July 3, 2019 DRAFT FOR DISCUSSION (e) Motion to Call the Question. Any Councilmember, upon recognition of the Presiding Officer, may make a motion to end discussion. When seconded, the Presiding Officer must immediately call the vote on the question of closing the discussion. This motion is not debatable and requires a majority of the Councilmembers present for passage. (f) Motion to Reconsider. Any Councilmember who voted on the prevailing side of the issue may make a motion that Council reconsider its vote on a matter during the same meeting of the Council. The member of the prevailing side voted yes on a matter that passed or voted no on a matter that did not pass. In the event of a tie vote, those voting against the matter shall be considered the prevailing side. A member of the prevailing side, upon recognition of the Presiding Officer, may make a motion to reconsider the vote; any other member may second the motion. The Presiding Officer then restates the motion to reconsider. This motion is debatable and requires a majority of the Councilmembers present for passage. Once debate ends, Councilmembers vote on the motion to reconsider. If the motion to reconsider passes, then the original (reconsidered) motion is brought back before the Council to be voted on again. (g) Point of Order. When a Councilmember believes that these Rules are being violated that member may, upon recognition of the Presiding Officer, interrupt business by calling out "Point of Order". The Presiding Officer will then request the Councilmember to speak and decide whether the Point of Order is valid. In the discretion of the Presiding Officer he or she can place the matter to a majority vote of the Council. Point of Order must be raised when the alleged violation occurs; after debate it is untimely. 11 July 3, 2019 DRAFT FOR DISCUSSION SECTION 15. Addressing the Council after Motion Made." No person may address the Council after it has voted to close the public hearing, unless recalled by the Presiding Officer. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Presiding Officer to do so or where the motion itself addresses the procedures by which the public hearing may be continued. SECTION 16. Manner of Addressing Council — Time Limit.12 Each person addressing the Council shall step up to the microphone in front of the dais, shall state one's name in an audible tone of voice for the records, sign the speaker's register, and unless further time is granted by the Council, shall address the Council no more than three (3) minutes unless a longer period of time is permitted by the Presiding Officer or by vote of the Council and is uniformly enforced. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. SECTION 17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that the member is not voting, the member's silence shall be recorded as an affirmative vote. SECTION 18. Decorum.13 11 Section 15 was amended by resolution adopted December 21, 2009. 12 Section 16 was amended by resolution adopted December 21, 2009. 13 Section 18 was amended by resolution adopted December 21, 2009. 12 July 3, 2019 DRAFT FOR DISCUSSION (a) By Councilmembers. While the Council is in session, Councilmembers must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. Councilmembers must be respectful of diverse opinions. Personal attacks will not be tolerated. Members must honor the role of the Presiding Officer to focus discussion on current agenda items. Objections to the Presiding Officer or other members' actions should be voiced politely and with reason. Care must be exercised to define and constrain discussions among members to the facts and relevant information. Members should support the majority opinion of the Council once a vote has been taken. The Mayor and Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. The Mayor and Councilmembers are role models for residents, business people and often stakeholders involved in public debate. (b) By Staff and Members of the Public. No one may address the City Council unless recognized by the Presiding Officer. When addressing the Council on matters not on the agenda, the Rules set forth at Section 18 (c) shall apply. Oral communications at City Council meetings concerning matters that are on the agenda are governed by Section 16 of these Rules. Staff and members of the public attending meetings of the City Council must refrain from any unnecessary conversation or distracting activity. 13 July 3, 2019 DRAFT FOR DISCUSSION SECTION 19. Code of Conduct.14 The Mayor and Councilmembers are dedicated to govern efficiently and effectively with a commitment to the promotion of values and integrity of local government and democracy. The following principles shall govern the conduct of the Mayor and every City Council member: 1. The professional and personal conduct of members must be above reproach and avoid the appearance of impropriety. Members should refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, staff, or the public intended to disrupt, disturb, impede, or not further the orderly conduct of the City's business. 2. Members must comply with all applicable laws in the performance of their public duties, specifically including the Minnesota Government Data Practices Act and the Open Meeting Law, Minnesota Statutes Chapters 13 and 13D. 3. Members must perform their duties in accordance with the Rules of Procedure established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions by the Council and City staff. 4. The Mayor and Councilmembers shall maintain the confidentiality of information concerning property, personnel, or legal affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. Such disclosure shall be a violation of these Rules of Procedure. 14 Section 19 was established by resolution adopted December 21, 2009. 14 July 3, 2019 DRAFT FOR DISCUSSION 5. Members will represent the official policies or positions of the Council to the best of their ability. When presenting their individual opinions and positions, members shall explicitly state they do not represent the position of the entire Council. 6. Each member shall support the maintenance of a positive and constructive work place environment for City staff, private citizens and businesses dealing with the City. Councilmembers will recognize their roles, as delineated in the City Charter, City Code and State Statutes, in individual dealings with City staff. 7. No member shall participate in a matter that affects the member's financial interests or those of a business with which the member is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. 8. No member shall use their public position for personal gain or to secure special privileges or exemptions for the person or for others. 9. No member shall, except as specifically permitted by Minnesota Statutes Section 471.895, 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 expected to influence the member in the performance of the member's official duties or intended as a reward for the member's official actions. SECTION 20. Censure Policy.15 (a) Purpose. This policy is intended to provide the mechanism by which the City Council, acting as a whole, can discipline and punish any of its members who violate state or 15 Section 20 was established by resolution adopted December 21, 2009. 15 July 3, 2019 DRAFT FOR DISCUSSION federal laws, City ordinances, the City Charter or the Council's Code of Conduct as set forth in Section 19 of its Rules of Procedure. (b) Policy. It is the policy of the City Council that all of its members shall comply with federal and state law, City ordinances, the City Charter and the City Council's Code of Conduct as set forth in Section 19 of its Rules of Procedure. Violation of such law or rule of procedure tends to injure the good name of the City and to undermine the effectiveness of the City Council as a whole. Such conduct is deemed to be a dereliction of duty. Censure is a formal resolution of the City Council officially reprimanding one of its members. An official reprimand is a punitive action which serves as a penalty imposed for wrongdoing but carries no fine or suspension of the rights of a member as an elected official. Censure is an appropriate measure when the violation of law or the Code of Conduct is deemed by the City Council to be a serious offense. The City Council shall not impose censure on any of its members for the violation of any law while criminal charges are pending. However, when the criminal proceedings are final, the City Council need not be bound by the conclusion of a court or jury and may hold a censure hearing. (c) Procedure 1. A Rules Committee consisting of three Councilmembers, not to include the Councilmember who is the subject of the requested censure or the Councilmember requesting censure, shall be appointed by the Mayor. A request for a censure hearing must be submitted to the Rules Committee in writing by a member of the Council. The request must contain the specific charges on which the proposed censure is based. 16 July 3, 2019 DRAFT FOR DISCUSSION 2. A copy of the request for censure and the charges shall be served on the Councilmember who is the subject of the requested censure at least three days prior to the Rules Committee meeting at which censure will be considered. The Rules Committee shall determine that either: a. Further investigation of the charges is required; or b. The matter is to be set for public hearing; or c. No action is required. 4. This determination is subject to confirmation by the City Council as part of the Rules Committee report at the next regular Council meeting. 5. Further investigation, if required, shall be done by an ad hoc committee appointed by the Mayor. If the Mayor is the subject of the request, the committee shall be formed by the Deputy Mayor. 6. If the matter is set for public hearing, it must be scheduled far enough in advance to give the accused member adequate time to prepare a defense, not to exceed 30 days. 7. At the hearing, the Councilmember who is the subject of the requested censure shall be given the opportunity to make an opening and closing statement and to question one's accusers from the podium. The Councilmember who is the subject of the requested censure may be represented and may have the representative speak or question on one's behalf. Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration. The strict rules of evidence applicable to judicial proceedings shall not apply to the hearing and the procedures shall be generally informal. 17 July 3, 2019 DRAFT FOR DISCUSSION 8. A decision to censure requires adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence and approved by two-thirds of the Councilmembers eligible to vote on the matter. The Councilmember who is the subject of the requested censure shall not be entitled to vote on the matter. SECTION 21. Enforcement of Decorum. (a) The Chief of Police, or such member or members of the Police Department as designated, shall be Sergeant -at -Arms of the Council meetings. The Sergeant -at -Arms shall carry out all orders and instructions given by the Presiding Officer or by majority of the Council present for the purpose of maintaining order and decorum at the Council meetings. Upon instructions of the Presiding Officer, or majority of the Council, it shall be the duty of the Sergeant -at -Arms, or any members of the Police Department present, to remove any person who violates the order and decorum of the meeting, and cause the individual to be prosecuted or civilly restrained, as appropriate. (b) In order to prevent the obstruction of views, no sign may be larger than 11 inches by 17 inches inclusive of its handle. The Presiding Officer shall direct the Sergeant - at -Arms to remove any sign larger than that permitted by these Rules and to store said sign until the owner of said sign leaves the Council meeting and requests the return of said sign. This requirement shall be uniformly enforced. (c) All members of the Council shall assist the Presiding Officer in preserving order and decorum and in providing for the efficient operation of the meeting. SECTION 22. Special Committees. All special Council committees shall be appointed by the Council. SECTION 23. Councilmembers May File Protests Against Council Action. Any Councilmember shall have the right to have the reasons for the member's dissent from, or protest against, any action of the Council entered in the minutes. 18 July 3, 2019 DRAFT FOR DISCUSSION SECTION 24. Ordinances, Resolutions, Motions, and Contracts.16 (a) Preparation of Ordinances. All ordinances shall be reviewed by the City Attorney. Ordinances may be requested by any three members of the Council, at the request of the City Manager or upon the City Attorney's own initiative. (b) Introducing for Passage or Approval. 1. Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced by a staff member of the City, the City Manager, or City Attorney. Any Councilmember may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. 2. A statement of the purpose and effect of every ordinance, except an emergency ordinance, stating the time and place at which it will be considered, shall be published once in the official newspaper at least one week prior to its introduction and final passage. 3. No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable, all ordinances shall be introduced as amendments to existing ordinances or sections thereof. 4. At the time set for considering an ordinance, the Presiding Officer shall refer it to the Council for a vote. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared in a preamble thereto and is adopted by a vote of at least five members of the Council. No prosecution shall be based upon the provisions of any emergency ordinance until 24 hours after the ordinance has been filed with the Secretary of Council and 16 Section 24 was amended by resolution adopted December 21, 2009. 19 July 3, 2019 DRAFT FOR DISCUSSION posted in a conspicuous place at the City Hall or until the ordinance has been published, unless the person charged with violation had actual notice of the passage of the ordinance prior to the act or omission complained of. 6. Every ordinance or resolution passed by the Council shall be signed by the Mayor or by the acting Mayor, attested by the Secretary of Council and filed with the City Clerk for preservation by that office. Every ordinance, and such resolutions as may be designated by the Mayor or by two other members of the Council, shall be published at least once in the official newspaper. To the extent and in the manner provided by law, an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code, or ordinance or part thereof without publishing the material referred to in full. The City Council may by a two-thirds vote of all of its members direct publication of only the title and a summary of an ordinance. 7. The City Manager, at the meetings, may take part in the discussions of the City Council and may recommend to the Council such measures as the City Manager may deem necessary for the welfare of the people and the efficient administration of the affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by City Charter and Minnesota Statutes in regard thereto; however, it is recognized that the City Council is the policy making body for the City and the City Manager's discussions at Council meetings shall be confined to statements of fact, recommendations based on the City Manager's knowledge and experience and explanations of the reasons for same, and any matters pertaining to administration. 8. The City Attorney may not take part in the discussions of the City Council at the meeting except to answer questions directed to the City Attorney, comment on matters involving legal posers or procedures of the City, and to present factual material to the Council. 20 July 3, 2019 DRAFT FOR DISCUSSION 9. No City employee, other than those above mentioned in subdivisions 7 and 8 shall enter into discussions of the City Council at the meeting except to answer questions directed to such employee, or to present factual information. 10. The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council, where such employee has an interest in the outcome thereof. SECTION 25. Presentations and Proclamations17 (a) Issuing Mayoral proclamations outside of City Council meetings. The City will issue Mayoral proclamations for individuals and organizations if they are affiliated with: 1. An organization with an official relationship to the City (e.g., Bloomington Athletic Association, Bloomington School District, Bloomington Sister City Organization); or 2. A local, state or national organization that is hosting a convention in Bloomington; or A local, state or national government or non-profit organization that is recognizing a specific day, week or month, as long as the request is made by a Bloomington resident actively participating in that organization or by a City department or division. 4. A company or organization that has been in business for at least 50 years in Bloomington. (b) Allowing presentations or the reading of proclamations at City Council meetings. The City will allow presentations or the reading of proclamations at City Council meetings during the Introductory Section of the Agenda i£ 17 Section 25 was amended by resolution adopted July 12, 2010. 21 July 3, 2019 DRAFT FOR DISCUSSION 1. The City is a sponsor of the event for which the recognition or proclamation is requested (e.g., Public Works Week); 2. The organization has an official relationship to the City or is one in which City of Bloomington employees are participating (e.g., Disability Employment Awareness Month, Child Abuse Prevention Month, Arbor Day, National League of Cities); 3. The award or proclamation is directly related to the City's mission as a local governmental entity (e.g., Constitution Week, Respect for Law Week); or 4. The organization is a long-time recipient of proclamations at City Council meetings (e.g., VFW Buddy Poppy Program). The request is made by a City department or division or a Bloomington resident actively participating in a local, state or national government or non-profit organization that is recognizing a specific day, week or month. 6. The company or organization is being recognized for having been in business for at least 50 years in Bloomington. (c) Proclamations or presentations not allowed. The following types of proclamations or presentations will not be allowed outside of or during City Council meetings: 1. Any proclamation that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; measures; or 2. Any proclamation that supports or opposes political campaigns or ballot 3. Any proclamation that is used to support solicitations of commerce. 4. Presentations or proclamations requested by outside organizations or individuals in which the City has no official interest, sponsorship or relationship. 22 July 3, 2019 DRAFT FOR DISCUSSION 5. Presentations or proclamations outside the purview of the City of Bloomington's governance. (d) City Manager's authority. The City Manager shall have the authority to approve presentations and proclamations proposed for City Council meetings: 1. Speakers who disturb the orderly conduct of the meeting may forfeit their right to address the Council and be asked to leave the Council meeting. 2. Requests to make presentations and proclamations at City Council meetings will be submitted to the City Manager's Office. All presentation materials, including videos and PowerPoint presentations provided by members of the public for presentation at a City Council meeting, must be presented to the City Manager's office two business days prior to the start of the City Council meeting to ensure compatibility with the City's audiovisual equipment and technical quality of the presentation materials. This requirement does not apply to a piece of paper placed by a speaker at the speaker's podium for display using the overhead camera. (e) Right to refuse. The City of Bloomington reserves the right to refuse to allow presentations and proclamations that are in conflict with this policy. SECTION 26. Waiver. By unanimous consent of all Councilmembers present, these rules may be waived. SECTION 27. Adjournment. A motion to adjourn shall always be in order and decided without debate. SECTION 28. Matters Not Specifically Covered.18 The most current edition of Robert's Rules of Order shall be accepted as an authority on parliamentary practice on matters not specifically covered by these Rules. 18 Section 28 was amended by resolution adopted December 21, 2009. 23 July 3, 2019 DRAFT FOR DISCUSSION SECTION 29. Appointment of Persons to City Boards and Commissions.19 In filling a vacancy on a City board or commission, the City Council shall complete the process of nominating one or more candidates and then hold an election to select one or more eligible persons. The voting shall be by roll call. An affirmative vote of a majority of those Councilmembers present is required to elect a candidate. SECTION 30. City Council E-Mail Communications.20 E-mail communications exchanged between a quorum or more of Councilmembers that are related to official City business are prohibited. Any issue which may or will be acted on by the City Council is considered official business of the City. Any Councilmember desiring to communicate information relating to official City business to the other six Councilmembers through e-mail or other electronic means shall direct that communication to the City Manager or the City Manager's designee, who shall then transmit the information to the other Councilmembers. An exchange of e-mails between two or three Councilmembers involving official City business shall not be forwarded to the other Councilmembers. 19 Section 29 established by resolution adopted January 30, 1995. 20 Section 30 established by resolution adopted July 18, 2005. 24 o� LA y NLn( 0 °s 0 Ln6m s 0 � N �d ^� W n ^ W 0 ro L D 0 Ln U CM E F -i E .. n LL cn cn �- Q m V u J Lr C- r) C- J 4J ry E l� E J r I I ull 06 Ln u z 00 u v Lr N I I n• C- u �--+ U1 O E cZ X 0 O a--, Z) o?S O X Q ro'Ln O E ra N � • N c- O .+� v Ln Ln Q L E O c- a--+ Ln C- fLj U O ru O Q _0 O j N 4J +j 4J E M E OU Ln M N rB Ln rB > vi ro O E ro v +, Q) D -0 N U rB M 0 i M L 4— 3: Q� L Q O Ln O Lj 0) L _(1) D rB `- O O � N r6 Ln Ln O C- U +-+ i N O M Q D a +-+ l/1 a J Q) O .OLn �O O v —0 C a--+ N N O i —zn ru_0 L U E 01 N D Ln Ln v O i Ln � O — L ate-+ O Q LL Q ru E V Oa Ln ' O ^� W Lii IN ro V R3 W W W ^n W 4-J s otn E ro u- % Q m QJ U_ �--+ Ol U R3 C QJ }, C ro QJ E U ru In V U ru LnLn — Q 4-j ru ru U ru +-+ ru O Ln Ln v Q) N U m _0 +-+ U_ ru +-+ }' U Q) O _0 }' Q) QJ f� c i +j In c QJ aJ ru O ■ � � U1 aJ U Z) +-+ O U O Ln QJ E i of Vru Ln o ru ru R3 QJ U c E r( In i M R3 R3 c _ 3: In i, R3 M M 4- _0 O ru M _0 O ro ra ■ �--+ C ' In QJ � O ru +�+ }, ru r-i V +� — Q) r-i Q) aJ ru aJ E Q P w l ' T OSO a LS/Y 1r 1 n O V ■ 4i O LA ^W W � ■ O 4 J ^n W ru V W ^n W 4-J 4-, .� U O O Vro E ~ U- M c- O D U U O D ra U N r) O E Ln l/1 sc- .� 0 Ln L„ o E E +� Ln a� 0 r)ul O LA T O nW W Ln 4-J Ln L O -J (1 V , ro V Ln 4-J 3� vm ro O ro ~ u- 0 ra ra v +j -0 ra v -C Q) � ro +j M Q) 4J +-+ Q) Q Ln Q Q) Q) �--+ � a--+ v O Ln Ln QJ �U O rB i — wU L QJ Q Q) E >O O L�- Q +-+ L�- M 0-0 Q v " Q O Ln � — - E O0 E Q) v � +� rB ro -0 N 01 +-► N v O +•+ O �- j -0 Q c r6 u -0 0� O rB D 0l T -O � t\ � v }' Ln M r6 }' M Q))+,Q O ra 0 C 01O C O u Ln Q)L\ � 0) D D O N O 01C: ro v O.C: �-0 Ln 3: N + 4J U M -0 L/) o � M 0) i }' 4J u — 41 O E 4- O U M4J ra U O Ln E +� Ln u r6 E v O U Qv roLn QJ N C 4 Ln " E Ln 0l O U) Q)O - -0 }' r6 Z) _0 Q)}, C- O ra ate-+ Ln U O - Q) i O ru 01 � O O 0-00 E "' E c Ln Ln +-' '.n O OLn �_ In v 4J U 00 ro = Q)D Q -0 � 0- O U 0 01 0-� � X �� _ W -0 }' u E V, <�� M ��� a 0o q c ❑ o ti W b Q €�e gyp! d z C G L �Q j LL r ¢a Jgg O 7 q4 c p p V U 2 W V Z~ ¢ a . 3 g p L 9 U y a8 a r W a n m =07 r22 a8 m o va>a rnu W wa O'e J C �Wa o u OLL m mO�u41 W �8 dJ�OW F SZ V1- oo W o c c Lu 3 aZ2U me �o a o s ac cg 0.zmuj �cg Zw u� �4r OJ Yg W a a is �mOax L Z N N W N Z =' z W � o e p oo LL 5 M m f� a �Wha••'�m aoaU um a gSZ � r O N W— N m v Vr cv v'�y2 ZC Qn O LU O [ti Cti Z f+i r'i c+i t+i m y v W 7 4❑LLj= 0 r Q O UWC�H Q U a Jcr OOa 2 1. 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VL c c- p 0 v `:' OSO O a S�y L /� 1 W V V o ro Lii L � O Ov 070 4J C a) M C- C, � V •o O Ln .- 4- Ln •\- O M.- O O E - � Q m N Q Q M 4J E CT O L � El/1 m fo V Ln l/1 O U1 O +-+ � N U p 0 4J m a--+ � O O �n N u U_ � L U Q O OSO a O/� S�y 1J 1 O � V Q LA W ^n W r)^L O -J (1 V , r V O Ul - - a-J ■ — C- ro ro '— V O L O u- � Q m N U = � � O O ■ — a--+ O L QJ ro m N I u ) CM0) E In c- ■— .D E In U � R3 � N O C U 0 � 2 O 4J O ) +-+ i V 0 — �Q)D • — �, cm Ln m CMruv c- C.0 M G U U foi O +�► W �' }' Ln Q,Q)v - -0 0 •- _0 _0 u ro0C- M � `u `��v U O 0 u — U V M Lr) U = U i •- Q V u V . a OS�y OSO L /� 1 �V � o O `" d, V V O a--j 4) Ul 01 C, C .O R3 +—j C— ru V V .L �--' E O V O ru %E E ~ u— w Q m OSO a OS�y L /� 1 O -J L )/ W LA ro U ro O _0 D r � V s S. o � a� O Ln — Dry o a� M LL �s — 4 Q m OSO a OS�y Ln LA ^ ' W � W Ln ^L W V O V ro Ln O ' u �— 4 J 4J Ln Ln 4� Ln o LL July 3, 2019 DRAFT FOR DISCUSSION CITY OF BLOOMINGTON COUNCIL RULES OF PROCEDURE BLOOMINGTON, MINNESOTA (Revised) July 18, 2005 (Revised) December 21, 2009 (Revised) July 12, 2010 (Revised 2019) July 2, 2019 DRAFT FOR DISCUSSION A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF BLOOMINGTON Be it resolved by the City Council of the City of Bloomington that the following Rules of Procedure for the City Council are hereby established. SECTION It. Meetings of the Council.' (a) Time and Day. The City Council shall hold regular meetings at 7:00 p.m. on two *44, fivst A-ra *44ir- Mondays a month typically: however meetings may be added at other times and days of the week as needed. The Council shall adopt a schedule of its regular meetings by resolution at least annually. To cancel a meeting, the Council must amend its schedule by resolution. Each regular meeting shall adjourn on or before 11:00 p.m. unless a vote to extend the meeting to no later than midnight is adopted by a maiority of those members of the Council present at that meeting. (b) Place. Unless another place is designated in advance by the Council, all regular meetings of the City Council for the purpose of taking official action shall be held in the City Council Chambers of the City Hall, and shall be open to the public and to the media. (c) Special Meetings. The City Manager, a*d-the Mayor, or any three members of the Council may call special meetings of the Council upon at least twelve hours notice to each member of the Council and such notice shall be posted at the City Hall for a like period. Formatted: Font: 12 pt Such notice shall be delivered personally to each member at the electronic mall address Formatted: Font: 12 pt provided by the Citj to each member or shall be left at the Member's usual place of residence with some —a responsible person. 1 Section 4-1 amended by resolution adopted January 12, 1981. Section 1-1 amended by resolution adopted July 6, 1981. Section 1-1 amended by resolution adopted December 21, 2009. July 3, 2019 DRAFT FOR DISCUSSION (d) Study Meetings. One or more meetings of every month may be reserved as study meetings for discussing, deliberating and planning on matters of general concern for the proper development and future well-being of the community_ Any other business may be considered at the discretion of the Council. Study meetings, at the discretion of the Council may be scheduled on the same day of their regular business meeting but at a separate time. The place at which study meetings are held shall be designated in advance by the Council. While study meetings shall be open to the public, no public comment or public hearings shall occur at this meeting. (e) Public Notice and Attendance. The City Clerk shall maintain a schedule of all scheduled regular and study session meetings of the City Council that shall be available for public inspection during regular business hours. All meetings of the Council must be open to the public in accordance with the Open Meeting Law, Minnesota Statutes Chapter 13D. (f) Meetings with the City Manager. Members of the Council may individually meet informally with the City Manager. (g) Council Voting. The aye and no vote of each member of the Council on ordinances, resolutions and motions shall be recorded in the minutes unless the vote is unanimous, which record shall be open to public inspection at all times during regular business hours. (h) Tie Vote. When there is a tie vote on a motion, the motion is lost. If such tie vote results from the absence of a member or members, it shall be automatically continued to the next regular meeting and; if necessary, until such time as the tie vote is broken. SECTION 142. First Meeting of the Year.z The City Council shall hold an organization meeting on the first business day of January following a regular municipal election at the usual time and place of holding Council meetings. In all other years, the City Council shall hold an organization meeting not later than the second Monday of January. The organization meeting shall be held to: 2 Section 1-1-2 amended by resolution adopted December 30, 1968. 7 July 3, 2019 DRAFT FOR DISCUSSION (a) Appoint the Secretary of Council. (b) Designate the official depository of City funds. (c) Designate the official newspaper of the City- (d) Designate the acting Mayor, who shall serve in the absence of the Mayor. (e) . And such other organizational business as deemed necessary. SECTION M3. AgendaS.3 All reports, communications, ordinances, resolutions, contract documents or other matters submitted to the Council shall be filed not later than 4:00 p.m. on the Wednesday prior to the regular Monday Council meeting at which consideration is desired, and shall be delivered to the City Manager, or in the Manager's absence shall be filed with the acting City Manager for inclusion in the proper order of business on the agenda. Provided, however, in unusual circumstances and when the matter does not require investigation by the City Manager or some department head, matters may be accepted after completion of the agenda upon approval of the City Manager. Any two members of the Council or the Mayor may request that the City Manager include a matter on the agenda. Each agenda shall state the location of the Council meetingand nd explain the passage of matters on the consent agenda. No item of business will be considered by the Council which does not appear on the agenda for the meeting, except that an item of urgent business which requires immediate action and is so stated as such may be considered by the Council whether or not there is a full membership present. The Mayor, each Councilmember, the City Manager, the City Clerk, and the City Attorney shall be sent a copy of the agenda by the afternoon of the Friday prior to the -a r�ular Monday Council meeting or three days Prior to a special Council meeting. 3 Section 41-3 amended by resolution adopted January 12, 1970. 3 July 3, 2019 DRAFT FOR DISCUSSION SECTION W4. Administrative Officials. No matter may be submitted for Council action by an administrative official, department head, or employee unless they have first been presented to the City Manager for investigation or study for inclusion on the agenda. SECTION V-5. The Presiding Officer and Duties.4 The Presiding Officer of the Council shall be the Mayor. The Mayor shall assume the chair of the Presiding Officer at the first meeting of the Mayor's term of office. The Mayor shall preserve strict order and decorum at all regular and special meetings of the Council. As Presiding Officer, the Mayor may use the most current edition of Robert's Rules of Order: 1.rowA& Revised , n.. , for guidance, interpretation or to supplement these Rules. The Mayor shall state every question coming before the Council, announce the decision of the Council on all subjects and decide all questions of order, subject, however, to an appeal to the Council, in which event a majority vote of the Council shall govern and conclusively determine such question of order. The Mayor may vote on all questions, being the last name called. The Mayor shall sign all ordinances and resolutions and contracts adopted by the Council during the Mayor's presence. In the event of the absence of the Mayor, the acting Mayor shall sign ordinances or resolutions or contracts as then adopted. SECTION VI6. Call to Order — Presiding Officer. The Mayor, or in the Mayor's absence, the acting Mayor, shall take the chair precisely at the hour appointed for the meeting, and shall immediately call the Council to order. In the absence of the Mayor, or the acting Mayor, the Secretary of Council shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the members of the Council present. Upon the arrival of the Mayor or acting Mayor, the 4 Section -V-5 amended by resolution adopted December 21, 2009. 4 July 3, 2019 DRAFT FOR DISCUSSION temporary Presiding Officer shall immediately relinquish the chair upon the conclusion of the business immediately before the Council. SECTION VI7. Roll Call. Before proceeding with the business of the Council, the Secretary of Council shall visually check the roll of the members and the names of those present and absent shall be entered in the minutes. SECTION VM8. Quorum.5 A majority of all members elected constitutes a quorum to do business at any regular or special meeting of the Council, but a smaller number may adjourn from time to time. SECTION I9. Order of Business.6 All official meetings of the Council shall be open to the public and the media in accordance with the Open Meeting Law, Minnesota Statutes Chapter 13D. Promptly at the hour set on the day of each regular meeting, the members of the Council, the City Manager, the City Attorney, and the Secretary of Council, shall take their regular stations in the Council Chambers, and the business of the Council shall be taken up for consideration and disposition in the following order: 1. CALL TO ORDER 2. INTRODUCTORY 3. APPROVAL OF AGENDA 4. CONSENT BUSINESS 5. PUBLIC COMMENT PERIOD 6. HEARINGS, RESOLUTIONS, AND ORDINANCES 7. ORGANIZATIONAL BUSINESS 8. ADJOURN4494T 5 Section 11414-8 amended by resolution adopted December 21, 2009. 6 Section Pam- amended by resolution adopted January 2, 1974. Section PC-9 amended by resolution adopted December 21, 2009. July 3, 2019 DRAFT FOR DISCUSSION SECTION X10. Hearing Procedures (a) Parliamentary procedure. Parliamentary procedure governed by the most current edition of Robert's Rules of Order, N@@ A4 ' Re;4so4' n- r i4ei shall be followed at meetings where hearings are held. At study session meetings, or when determined by the Presiding Officer or by majority vote of the Council, strict adherence to these rules may be set aside, except when motions are before the Council. (b) Hearing Procedure. 1 _ The Presiding Officer shall state the matter to be heard. 2_ The Presiding Officer may call upon the staff representative to present the staff report. At the conclusion of the report, Councilmembers may ask questions of the staff representative through the Presiding Officer. 3_ The Presiding Officer may thereafter call upon the applicant, licensee or other interested parties to address the Council on the matter under consideration. 4. All persons addressing the Council, including City staff, must address the Presiding Officer only, not other Councilmembers, staff, or the public. 5. There shall be no dialogue amongst Councilmembers, staff or the public during the hearing. Councilmembers may ask questions of persons addressing the Council in order to clarify a fact, but any statement by a Councilmember for anything other than to pose a question on the matter under consideration may be ruled out of order by the Presiding Officer. 6. After all new facts and information have been brought forth to the Council, the hearing may be closed upon a majority vote of the Council. 7 Section X-10 amended by resolution adopted December 21, 2009. 6 July 3, 2019 DRAFT FOR DISCUSSION 7. If the hearing is closed the Presiding Officer may recall anyone who testified during the hearing in order to clarify points raised subsequent to the closure of the hearing. At the discretion of the Presiding Officer, if the testimony received after the closure of the hearing brings forth new facts or information of a substantive nature, the hearing may be reopened so that all interested parties may be heard again, but only to respond to the new facts or information. 8. Upon the completion of the hearing the Councilmembers shall debate the matter under consideration. SECTION M11. Minutes. (a) The Secretary of Council shall keep the record of all Council meetings. (b) Unless a reading of the minutes of a Council meeting is requested by a member of the Council, such minutes may be approved without reading if the Secretary of Council has previously furnished each member with a copy thereof. SECTION XI12. Rules of Debate.8 (a) Participation of the Presiding Officer. The Mayor or such other member of the Council as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Councilmember by reason of the Councilmember acting as the Presiding Officer. (b) Getting the Floor — Improper References to be Avoided. Every member desiring to speak shall address the Presiding Officer, and upon recognition by the Presiding 8 Section X4-1 12 was amended by resolution adopted December 21, 2009. 7 July 3, 2019 DRAFT FOR DISCUSSION Officer, shall confine comments to the question under debate, avoiding all personalities and indecorous language. (c) Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call the member to order, to vote on a motion, to close a debate, or as herein otherwise provided. If a member, while speaking, is called to order, the member shall cease speaking until the question of order is determined and if in order, the member shall be permitted to proceed. (d) Privilege of Closing Debate. The Councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate. (e) Remarks of Councilmember — When Entered in Minutes. A Councilmember may request, through the Presiding Officer, the privilege of having an abstract of the member's statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. (f) Synopsis of Debate — When Entered in Minutes. The Secretary of Council may be directed by the Presiding Officer, with consent of the Council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council. SECTION XM13. Addressing the Council.9 Any person desiring to address the Council shall first secure the permission of the Presiding Officer. (a) Written Communications. Interested parties or their authorized representatives may address the Council by written communications in regard to matters then under discussion. (b) Oral Communications. Members of the un blic, or their authorized legal representatives, may address the Council by oral 9 Section X411-13 established by resolution adopted July 12, 1993. Section X111-13 was amended by resolution adopted December 21, 2009. 8 July 3, 2019 DRAFT FOR DISCUSSION communications on any matter concerning the City's business, or any matter over which the Council has control; provided, however, that preference shall be given to those persons who may have notified the City Manager or the acting City Manager in advance of their desire to speak in order that they may appear on the agenda. The Presiding Officer may limit remarks to three minutes per speaker so long as such a limit is uniformly enforced. (c) Public Comment Period. Notwithstanding any provisions of these Rules to the contrary, a public comment period is hereby established for the purpose of providing esiden of members of the Coy- up blic with an opportunity to address the City Council on any subject pertaining to City business not on the agenda. T4@ D -esi4i g O f4eer 4as toe .. g4t Formatted: Underline The public comment period shall occur for up to twenty minutes'-e. srAed„ ed £ ^m '' 10 p.m. to ' 40 ^ a at each regular City Council meeting; provided, however, that the City Council may vote +na3Lto extend the length of the public comment period. Individuals shall limit their remarks to 4ye three minutes unless granted additional time by the City Council. Any person wishing to address the City Council during the public comment period may notify the City Manager's office in advance of the meeting. Preference shall be given to those persons who may have notified the City Manager or the acting City Manager in advance of their desire to speak in order that they may appear on the agenda. Each person addressing the Council shall step up to the microphone in front of the dais, shall state his/heyone's name ard�in an audible tone of voice for the records and sign the speaker's register. (d) Reading of Protests, etc. Interested persons or their authorized representatives may address the Council by reading of protests, petitions, or communications relating to Julv 3.2019 DRAFT FOR DISCUSSION zoning, special or general assessment proceedings, hearings on protests, appeals and petitions, or similar matters, in regard to matters then under consideration. The Presiding Officer may limit remarks to three minutes per speaker so long as such a limit is uniformly enforced. SECTION NW14. Handling a Motion. to (a) Main Motion. A Councilmember may ask for recognition and be recognized by the Presiding Officer. A brief preliminary statement in favor of the motion may be made before the motion is stated. All motions shall contain only one subject. All motions require a second. The Councilmember seconding the motion may speak for or against the motion. Once seconded, the Presiding Officer shall state the motion and thereafter no other topics may be taken up until after the motion is disposed of. The motion under consideration may now be debated pursuant to Section X41-12 of these Rules. (b) Motion to Amend. Any Councilmember may make a motion to amend in order to change, add, or omit some part of a main motion. This motion is debatable and requires a majority vote of the Councilmembers present for passage. A motion to amend is not amendable. First, a vote must be held on the motion to amend. If that vote is affirmative, the second vote is held on the main motion as amended. Only one amendment to a motion should be on the floor at any one time- (c) Motion to Table ^�to a Time Certain. Any Councilmember may make a motion to require that consideration of the main motion be delayed until a certain, stated time for, among other reasons, obtaining more information. A future date certain must 10 Section X111 14 established by resolution adopted December 21, 2009. 10 July 3, 2019 DRAFT FOR DISCUSSION be set when the subject is considered. This motion is debatable and requires a majority vote of the Councilmembers present for passage. (d) Motion to Table Indefinitely. Any Councilmember may make a motion to postpone consideration of the main motion so that the issue under consideration will be taken up at an unspecified, later date when it is placed on the agenda and a majority of the Councilmembers present vote to call it from the table. This motion is not debatable and requires a majority of the Councilmembers present for passage. (e) Motion to Call the Question. Any Councilmember, upon recognition of the Presiding Officer, may make a motion to end discussion. When seconded, the Presiding Officer must immediately call the vote on the question of closing the discussion. This motion is not debatable and requires a majority of the Councilmembers present for passage. (t) Motion to Reconsider. Any Councilmember who voted on the prevailing side of the issue may make a motion that Council reconsider its vote on a matter 4during the same meeting ^r at toe ^e?* egia a+4 , se4e iale meeting of the Council. The member of the prevailing side voted yes on a matter that passed or voted no on a matter that did not pass. In the event of a tie vote, those voting against the matter shall be considered the prevailing side. A member of the prevailingside, de, upon recognition of the Presiding Officer, may make a motion to reconsider the vote; any other member may second the motion. The Presiding Officer then restates the motion to reconsider. This motion is debatable and requires a maiority of the Councilmembers present for passage. Once debate ends, Councilmembers vote on the motion to reconsider. If the motion to reconsider passes, then the original (reconsidered) motion is brought back before the Council to be voted on again. 11 July 3, 2019 DRAFT FOR DISCUSSION (g) Point of Order. When a Councilmember believes that these Rules are being violated that member may, upon recognition of the Presiding Officer, interrupt business by calling out "Point of Order". The Presiding Officer will then request the Councilmember to speak and decide whether the Point of Order is valid. In the discretion of the Presiding Officer he or she can place the matter to a majority vote of the Council. Point of Order must be raised when the alleged violation occurs; after debate it is untimely. SECTION YV15. Addressing the Council after Motion Made." No person may address the Council after it has voted to close the public hearing, unless recalled by the Presiding Officer. After a motion is made by the Council, no person shall address the Council without first securing the permission of the Presiding Officer to do so or where the motion itself addresses the procedures by which the public hearing may be continued. SECTION X4416. Manner of Addressing Council— Time Limit.12 Each person addressing the Council shall step up to the microphone in front of the dais, shall state his�he one's name anaddress in an audible tone of voice for the records, sign the speaker's register, and unless further time is granted by the Council, shall address the Council no more than three (3) minutes unless a longer period of time is permitted by the Presiding Officer or by vote of the Council and is uniformly enforced. All remarks shall be "Section XA' 15 was amended by resolution adopted December 21, 2009. 12 Section v :IT 16 was amended by resolution adopted December 21, 2009. 12 July 3, 2019 DRAFT FOR DISCUSSION addressed to the Council as a body and not to any member thereof. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the Presiding Officer. SECTION )AL1117. Silence Constitutes Affirmative Vote. Unless a member of the Council states that the member is not voting, the member's silence shall be recorded as an affirmative vote. SECTION NX41118. Decorum.13 (a) By Councilmembers. While the Council is in session, Councilmembers must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders of the Council or its Presiding Officer, except as otherwise herein provided. Councilmembers must be respectful of diverse opinions. Personal attacks will not be tolerated. Members must honor the role of the Presiding Officer to focus discussion on current agenda items. Objections to the Presiding Officer or other members' actions should be voiced politely and with reason. Care must be exercised to define and constrain discussions among members to the facts and relevant information. Members should support the majority opinion of the Council once a vote has been taken. The Mayor and Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the 13 Section X114; 18 was amended by resolution adopted December 21, 2009. 13 July 3, 2019 DRAFT FOR DISCUSSION community as a whole. The Mayor and Councilmembers are role models for residents, business people and often stakeholders involved in public debate. (b) By Staff and Members of the Public. No one may address the City Council unless recognized by the Presiding Officer. When addressing the Council on matters of on Formatted: Underline Formatted: Underline the agenda, the Rules set forth at Section X4 18 (c) shall apply. Oral communications at City Council meetings concerning matters that are on the agenda are governed by Section Formatted: Underline XVI 16 of these Rules. Staff and members of the public attending meetings of the City Council must refrain from any unnecessary conversation or distracting activity. SECTION XJX19. Code of Conduct.14 The Mayor and Councilmembers are dedicated to govern efficiently and effectively with a commitment to the promotion of values and integrity of local government and democracy. The following principles shall govern the conduct of the Mayor and every City Council member: 1. The professional and personal conduct of members must be above reproach and avoid the appearance of impropriety. Members should refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, staff, or the public intended to disrupt, disturb, impede, or an4 not further the orderly conduct of the City's business. 2. Members must comply with all applicable laws in the performance of their public duties, specifically including the Minnesota Government Data Practices Act and the Open Meeting Law, Minnesota Statutes Chapters 13 and-131). 14 Section XX19 was established by resolution adopted December 21, 2009. 14 July 3, 2019 DRAFT FOR DISCUSSION 3. Members must perform their duties in accordance with the Rules of Procedure established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public and implementation of policy decisions by the Council and City staff. 4. The Mayor and Councilmembers shall maintain the confidentiality of information concerning property, personnel, or legal affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. Such disclosure shall be a violation of these Rules of Procedure. 5. Members will represent the official policies or positions of the Council to the best of their ability. When presenting their individual opinions and positions, members shall explicitly state they do not represent the position of the entire Council. 6. Each member shall support the maintenance of a positive and constructive work place environment for City staff, private citizens and businesses dealing with the City. Councilmembers will recognize their roles, as delineated in the City Charter, City Code and State Statutes, in individual dealings with City staff. 7. No member shall participate in a matter that affects the member's financial interests or those of a business with which the member is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. 8. No member shall use their public position for personal gain or to secure special privileges or exemptions for the person or for others. 9. No member shall, except as specifically permitted by Minnesota Statutes Section 471.895, accept or receive any gift of substance, whether in the form of money, services, 15 July 3, 2019 DRAFT FOR DISCUSSION loan, travel, entertainment, hospitality, promise or any other form under circumstances in which it could be reasonably expected to influence the member in the performance of the member's official duties or intended as a reward for the member's official actions. SECTION XX20. Censure Policy.ts (a) Purpose. This policy is intended to provide the mechanism by which the City Council, acting as a whole, can discipline and punish any of its members who violate state or federal laws, City ordinances, the City Charter or the Council's Code of Conduct as set forth in Section XIX 19 of its Rules of Procedure. (b) Policy. It is the policy of the City Council that all of its members shall comply with federal and state law, City ordinances, the City Charter and the City Council's Code of Conduct as set forth in Section XIX 19 of its Rules of Procedure. Violation of such law or rule of procedure tends to injure the good name of the City and to undermine the effectiveness of the City Council as a whole. Such conduct is deemed to be a dereliction of duty. Censure is a formal resolution of the City Council officially reprimanding one of its members. An official reprimand is a punitive action which serves as a penalty imposed for wrongdoing but carries no fine or suspension of the rights of a member as an elected official. Censure is an appropriate measure when the violation of law or the Code of Conduct is deemed by the City Council to be a serious offense. The City Council shall not impose censure on any of its members for the violation of any law while criminal charges are pending. However, when the criminal proceedings are 15 Section X-X-20 was established by resolution adopted December 21, 2009. 16 July 3, 2019 DRAFT FOR DISCUSSION final, the City Council need not be bound by the conclusion of a court or jury and may hold a censure hearing. (c) Procedure 1. A Rules Committee consisting of three Councilmembers, not to include the Councilmember who is the subject of the requested censure or the Councilmember requesting censure, shall be appointed by the Mayor. A request for a censure hearing must be submitted to the Rules Committee in writing by a member of the Council. The request must contain the specific charges on which the proposed censure is based. 2. A copy of the request for censure and the charges shall be served on the Councilmember who is the subject of the requested censure at least three days prior to the Rules Committee meeting at which censure will be considered. 3. The Rules Committee shall determine that either: a. Further investigation of the charges is required; or b. The matter is to be set for public hearing; or c. No action is required. 4. This determination is subject to confirmation by the City Council as part of the Rules Committee report at the next regular Council meeting. 5. Further investigation, if required, shall be done by an ad hoc committee appointed by the Mayor. If the Mayor is the subject of the request, the committee shall be formed by the Deputy Mayor. 6. If the matter is set for public hearing, it must be scheduled far enough in advance to give the accused member adequate time to prepare a defense, not to exceed 30 days. 17 July 3, 2019 DRAFT FOR DISCUSSION 7. At the hearing, the Councilmember who is the subject of the requested censure shall be given the opportunity to make an opening and closing statement and to question his or- he one's accusers from the podium. The Councilmember who is the subject of the requested censure may be represented and may have the representative speak or question on'�ir' her -one's behalf. Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration. The strict rules of evidence applicable to judicial proceedings shall not apply to the hearing and the procedures shall be generally informal. 8. A decision to censure requires adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence and approved by two-thirds of the Councilmembers eligible to vote on the matter. The Councilmember who is the subject of the requested censure shall not be entitled to vote on the matter. SECTION NNI21. Enforcement of Decorum. (a) The Chief of Police, or such member or members of the Police Department as designated, shall be Sergeant -at -Arms of the Council meetings. The Sergeant -at -Arms shall carry out all orders and instructions given by the Presiding Officer or by majority of the Council present for the purpose of maintaining order and decorum at the Council meetings. Upon instructions of the Presiding Officer, or majority of the Council, it shall be the duty of the Sergeant -at -Arms, or any members of the Police Department present, to remove place any person who violates the order and decorum of the meeting , H4er_�, and cause the individual to be prosecuted 4H4er- t4e--e*isiR^s Rf_ 4is C.Rdeor civilly restrained, as appropriate, tk��o oa �o ;a; nrr; o (b) In order to prevent the obstruction of views, no sign may be larger than 11 inches by 17 inches inclusive of its handle. The Presiding Officer shall direct the Sergeant - at -Arms to remove any sign larger than that permitted by these Rules and to store said sign 18 July 3, 2019 DRAFT FOR DISCUSSION until the owner of said sign leaves the Council meeting and requests the return of said sign. This requirement shall be uniformly enforced. (c) All members of the Council shall assist the Presiding Officer in preserving order and decorum and in providing for the efficient operation of the meeting_ SECTION vvr422. Special Committees. All special Council committees shall be appointed by the Council. SECTION XXJH23. Councilmembers May File Protests Against Council Action. Any Councilmember shall have the right to have the reasons for the member's dissent from, or protest against, any action of the Council entered in the minutes. SECTION XXIA124. Ordinances, Resolutions, Motions, and Contracts.16 (a) Preparation of Ordinances. All ordinances shall be previewed by the City Attorney. Ordinances may be requested by any three members of the Council, at the request of the City Manager or upon the City Attorney's own initiative. (b) Introducing for Passage or Approval. 1 _ Ordinances, resolutions, and other matters or subjects requiring action by the Council must be introduced aH4-speH$er@4-by a staff member of the CityC , e*eep Oat -the City Manager, or City Attorney, may ^ ^^* ^rah^^^^^s ^ ^' * ^^ ^^a ^*410r or- subjeets to the Counei ^a Aany Councilmember may assume sponsorship thereof by moving that such ordinances, resolutions, matters or subjects be adopted; otherwise, they shall not be considered. 2. A statement of the purpose and effect of every ordinance, except an emergency ordinance, stating the time and place at which it will be considered, shall be published once in the official newspaper at least one week prior to its introduction and final passage. 16 Section X-X4V 24 was amended by resolution adopted December 21, 2009. 19 July 3, 2019 DRAFT FOR DISCUSSION No ordinance shall relate to more than one subject, which shall be clearly expressed in its title, and no ordinance or section thereof shall be amended or repealed unless the new ordinance contains the title of the ordinance or section amended or repealed, and when practicable, all ordinances shall be introduced as amendments to existing ordinances or sections thereof. 4. At the time set for considering an ordinance, the Presiding Officer shall refer it to the Council for a vote. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared in a preamble thereto and is adopted by a vote of at least five members of the Council. No prosecution shall be based upon the provisions of any emergency ordinance until 24 hours after the ordinance has been filed with the Secretary of Council and posted in a conspicuous place at the City Hall or until the ordinance has been published, unless the person charged with violation had actual notice of the passage of the ordinance prior to the act or omission complained of 6. Every ordinance or resolution passed by the Council shall be signed by the Mayor or by the acting Mayor, attested by the Secretary of Council and filed with the City Clerk for preservation by that office-. Every ordinance, and such resolutions as may be designated by the Mayor or by two other members of the Council, shall be published at least once in the official newspaper. To the extent and in the manner provided by law, an ordinance may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a code, or ordinance or part thereof without publishing the material referred to in full. The City Council may by a two-thirds vote of all of its members direct publication of only the title and a summary of an ordinance. 7. The City Manager, at the meetings, may take part in the discussions of the City Council and may recommend to the Council such measures as the City Manager may deem necessary for the welfare of the people and the efficient administration of the 20 July 3, 2019 DRAFT FOR DISCUSSION affairs of the City. The City Manager shall have all the rights, powers and duties prescribed by City Charter and Minnesota Statutes in regard thereto; however, it is recognized that the City Council is the policy making body for the City and the City Manager's discussions at Council meetings shall be confined to statements of fact, recommendations based on the City Manager's knowledge and experience and explanations of the reasons for same, and any matters pertaining to administration. 8. The City Attorney may not take part in the discussions of the City Council at the meeting except to answer questions directed to the City Attorney, comment on matters involving legal posers or procedures of the City, and to present factual material to the Council. 9. No City employee, other than those above mentioned in subdivisions 7 and 8 shall enter into discussions of the City Council at the meeting except to answer questions directed to such employee, or to present factual information. 10. The above regulations of City employees shall not be construed to limit the appearance before the City Council of any City employee when such appearance is made as a taxpayer or member of the public, for or against some particular issue under discussion by the Council, where such employee has an interest in the outcome thereof. SECTION XNA725. Presentations and Proclamations17 (a) Issuing Mayoral proclamations outside of City Council meetings. The City will issue Mayoral proclamations for individuals and organizations if they are affiliated with: 1. An organization with an official relationship to the City (e.g., Bloomington Athletic Association, Bloomington School District, Bloomington Sister City Organization); or 17 Section X4AL25 was amended by resolution adopted July 12, 2010. 21 July 3, 2019 DRAFT FOR DISCUSSION 2. A local, state or national organization that is hosting a convention in Bloomington; or 3. A local, state or national government or non-profit organization that is recognizing a specific day, week or month, as long as the request is made by a Bloomington resident actively participating in that organization or by a City department or division. 4. A company or organization that has been in business for at least 50 years in Bloomington. (b) Allowing presentations or the reading of proclamations at City Council meetings. The City will allow presentations or the reading of proclamations at City Council meetings during the Introductory Section of the Agenda if: 1. The City is a sponsor of the event for which the recognition or proclamation is requested (e.g., Public Works Week); 2. The organization has an official relationship to the City or is one in which City of Bloomington employees are participating (e.g., Disability Employment Awareness Month, Child Abuse Prevention Month, Arbor Day, National League of Cities); 3. The award or proclamation is directly related to the City's mission as a local governmental entity (e.g., Constitution Week, Respect for Law Week); or 4. The organization is a long-time recipient of proclamations at City Council meetings (e.g., VFW Buddy Poppy Program). 5. The request is made by a City department or division or a Bloomington resident actively participating in a local, state or national government or non-profit organization that is recognizing a specific day, week or month. 6. The company or organization is being recognized for having been in business for at least 50 years in Bloomington. 22 July 3, 2019 DRAFT FOR DISCUSSION (c) Proclamations or presentations not allowed. The following types of proclamations or presentations will not be allowed outside of or during City Council meetings: 1. Any proclamation that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation; measures; or 2. Any proclamation that supports or opposes political campaigns or ballot 3_ Any proclamation that is used to support solicitations of commerce. 4. Presentations or proclamations requested by outside organizations or individuals in which the City has no official interest, sponsorship or relationship. 5. Presentations or proclamations outside the purview of the City of Bloomington's governance. (d) City Manager's authority. The City Manager shall have the authority to approve presentations and proclamations proposed for City Council meetings: 1. Speakers who disturb the orderly conduct of the meeting may forfeit their right to address the Council and be asked to leave the Council meeting. 2. Requests to make presentations and proclamations at City Council meetings will be submitted to the City Manager's Office. 3. All presentation materials, including videos and PowerPoint presentations provided by members of the public for presentation at a City Council meeting, must be presented to the City Manager's office two business days prior to the start of the City Council meeting to ensure compatibility with the City's audiovisual equipment and technical quality of the presentation materials. This requirement does not apply to a piece of Paper placed by a speaker at the speaker's podium for display using the overhead camera. 23 July 3, 2019 DRAFT FOR DISCUSSION (e) Right to refuse. The City of Bloomington reserves the right to refuse to allow presentations and proclamations that are in conflict with this policy. SECTION XXA71E26. Waiver. By unanimous consent of all Councilmembers present, these rules may be waived. SECTION X3071127. Adjournment. A motion to adjourn shall always be in order and decided without debate. SECTION I1E28. Matters Not Specifically Covered. 18 The most current edition of Robert's Rules of Orderer&A;A,, Revise fir. shall be accepted as an authority on parliamentary practice on matters not specifically covered by these Rules. SECTION vvrX29. Appointment of Persons to City Boards and Commissions.19 In filling a vacancy on a City board or commission, the City Council shall complete the process of nominating one or more candidates and then hold an election to select one or more eligible persons. The voting shall be by roll call. An affirmative vote of a majority of those Councilmembers present is required to elect a candidate. SECTION XXX30. City Council E-Mail Communications.20 E-mail communications exchanged between a quorum or more of Councilmembers that are related to official City business are prohibited. Any issue which may or will be acted on by the City Council is considered official business of the City_ Any Councilmember desiring to communicate information relating to official City business to the other six Councilmembers through e-mail or other electronic means shall direct that communication to the City C-RuMeil Se^re*^^'Manager or the City Manager's designee, who shall then transmit 18 Section X4PAH 28 was amended by resolution adopted December 21, 2009. 19 Section v�Tv 29 established by resolution adopted January 30, 1995. 20 Section X4444 30 established by resolution adopted July 18, 2005. 24 July 3.2019 DRAFT FOR DISCUSSION the information to the other Councilmembers. An exchange of e-mails between two or three Councilmembers involving official City business shall not be forwarded to the other Councilmembers. 25 Ill CITY OF BLOOMINGTON MIN NESOTA Request for Council Action Originator Item Public Works Garbage and Recycling - Curbside Cleanup Review and Findings Agenda Section Organizational Business Requested Action Date Monday, July 8, 2019 Staff is seeking Council direction on next steps for considering potential changes to Curbside Cleanup Program. Item created by: Laura Horner, Public Works Project Coordinator Presenter: Laura Horner, Public Works Project Coordinator; Karl Keel, Public Works Director Description A review of the 2019 Curbside Cleanup program collection totals, costs and set out rates will be presented. The 2019 Curbside Cleanup occurred over five Saturdays from April 6 to May 4. During this time, the City contracted with Foth Infrastructure and Environment, LLC (Foth) to conduct a waste characterization study to estimate the amount of reusable and/or recyclable material that is being disposed of as part of the Citywide Curbside Cleanup program. Key findings from the waste characterization will be presented and next steps for considering potential changes to the Curbside Cleanup program will be discussed. 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The annual Cleanup collection service is paid for by all eligible residents in the City. According to City staff, recent surveys indicate the program is a very popular service, with about 80 percent of Bloomington households stating they have participated at least once over the past five (5) years. Figure ES-1, Map of Citywide Curbside Cleanup Areas shows the five (5) service days in the City. The Cleanup occurred over five (5) Saturdays from April 6 (Friday service day) to May 4, 2019 (Monday service day). Figure ES-1 Map of Citywide Curbside Cleanup Areas The City contracted with Foth to objectively estimate the quantity of Reusable and/or Recyclable Cleanup materials set out that are currently disposed. The waste characterization study will be i of viii used to help inform City discussions and decisions about potential outreach and education needs, changes to the Cleanup program and alternative collection methods. A total of 2,297 houses with waste set out were audited by the teams over the five (5) weeks of the Cleanup Program in April and May 2019. More than 10,000 photographs were taken. Over 19,000 individual items were inventoried. The audit found that 32 percent of the items set out for pick up were considered Reusable and/or Recyclable. Large Appliances, Scrap Metal and Brush made up 5 percent of the items set out for pick up and are already collected for recycling during the Cleanup. The following Foth recommendations are made to enhance the City Cleanup and continue to ensure the Cleanup meets City reuse and/or recycling goals. 1) The waste characterization audit was designed to be standardized and readily repeatable in future years. The City and volunteer audit teams should conduct audits in future years using similar protocols developed for this study. Categories should be reviewed each year as the waste stream and reuse/recycling outlets continue to evolve. The definitions of Reusable and/or Recyclable should be reviewed and revised, if necessary, prior to each audit. 2) Diversion is a key goal for the future of the City's Cleanup program. The categories of material that have highest potential for diversion are Toys and Sporting Goods with 38 percent being considered Reusable and/or Recyclable, Large Furniture with 35 percent being considered Reusable and/or Recyclable, Other Household Items and Small Furniture each with 29 percent being considered Reusable and/or Recyclable, and Small Appliances and Electronics each with 28 percent being considered Reusable and/or Recyclable. Figure ES-2, Summary of Audit Data: Weeks 1 through 5 Percentages of Trash Compared to Reusable and/or Recyclable Categories with Highest Potential for Diversion, shows these categories. In most cases these items are considered reusable and appropriate for donation to local charities and reuse centers. 3) Three categories, Carpets and Carpet Pads/Rugs, Mattresses and Boxsprings, and Clothing/Textiles/Accessories were classified as Reusable and/or Recyclable using the criteria "is it something that you would give your Grandmother for her use". Audit protocols defined any remaining items as trash. Specialty recycling vendors for these categories do exist locally. When considering future Cleanup audit protocols, these reuse and/or recycling opportunities within these three categories, should be further explored. Contracts with vendors that are able to recycle these three categories could be secured by the City to supplement the Bloomington Haulers' work. 4) More than ten (10) percent of the audited piles had household garbage included with the Cleanup materials. Household garbage is listed as a "not accepted" item. However, Bloomington Haulers are instructed to pick up household garbage to keep the City clean. The City should continue to educate residents that household garbage is not accepted and Bloomington Haulers should tag and leave at the curb. 5) Residents package items for pickup in various ways including bagging, bundling, and boxing. A large amount of cardboard was found in the audit. Cardboard is recyclable, however cardboard is placed in the trash when used to contain Cleanup items. The City ii of viii should evaluate the types of containers residents can set material out in, and take steps to ensure cardboard is recycled when set out during the Cleanup. The most prevalent categories identified in the audit were Other Household Items, 21.3 percent of all items audited, followed by Household Construction, 12.1 percent of all items audited. The least frequent items identified in the audit were Light Bulbs, Plumbing Fixtures, and Tires/Rims making up a combined total of just one (1) percent of all items audited. Figure ES-3, Summary of Audit Data: Weeks 1 through 5 (Percentage of Audit Items by Category), shows the percentages of each item category for all items audited. Figure ES-4, Summary of Audit Data: Weeks 1 through 5 (Total Number of Items), shows the total number of items audited throughout the course of the Cleanup as compared to the number of Reusable and/or Recyclable items audited during the cleanup. The difference between the total number of items audited and number of Reusable and/or Recyclable items indicates the number of items determined to be trash. iii of viii 71 N u .9 >% m u N O d W 3 � d O L .0 3 c LL :a _ 3 � a� N O 3 d m O � o T U U � N W O cu v Z Q Q Q a T m E m _ c N � � o �o �a v E U- E Ul c O v E .i 0 v > Q O L v E v J to C O N Q -0 N O 'O p c 0 T 0 00 � a2elua:)aad 0 U 0 0 0 04 A � vPO 916 - yS7 PJ Jg S� P ao J d% d 911) ox �d 3 � s�� 9Jp/ i4OV °yds�J O� P �t 9JP �a N � s �p /O GP �d�/p �dr7° dVPP ci 3 >> /° y s n o y016 PAPS W id °`gyp y�O /OellK'd 94i'/ ti ell ell N d" Qr+ .O O� 4Ps a s Ed,�0, dJJ E '?+ el 7y Sap' dap'�P d%sa i d �aPJ'�d9' J/S'�d SP'id dD4 s 010 P/q J ■ 'PO P 0 0 O 0 0 o O O O oy dap N Ln Ln @Oelua:)aad P5 U, m o 0 o G� �V P o9�J PJ * ys� d0 s9 /q /PJ % /4'd J'O/p � SJi pI�Jd/v' ox/ dip P9�P dy�o p/p 'OGP s �dJ yds d�SP 7 p/0Oy n GO, 0ds 010 7 Oy P P TVs sd GOJ p/pyds S'b0 00 i � s�G'J pas as+p AGP CL - sd, . VO dss •( d''J� cossdJ U '7 /S (' w d/�l+d a) p CD /J 75 � a � d s � SdDe'P JJs dQ o J a ■ 'gay co ■ *sd //P ({, coJ4P V o �gq S p 0 rn 0 oN o o) Ln swa}I;o aagwnN N m >, s s � � m � N � � O m LA m� y � N� E2a W.. L co M �� o a, O rA M E E 3 N r-jo O 0000 0 0 0 a�e�ua�aad s oG �G s � 9� �p s %oJ,�dfiJoya�o'% s,LP ,p/o d ao�hb s�o 'a +/ s� Gi9 GPa %Jh��s . pJP�PS sa/V -oD °s /o SdJJ ydS �a94'o b�sa/�� boy S �00 G G,�gs"ro q�PJ/s� sJ�G0� 9�sass aq J d so �Ja7)> 'G P� q0' b 0 �S /p VA d �d yIo sbo yd°p�P y�0 oD a�P ✓✓o o qS 9a�PJ pGPs * ys7 'off Jg Differences were observed by the teams between Collection Days with respect to the number of items set out and the percentage of items set out that were Reusable and/or Recyclable. The number of households setting out items for pick up each of the weeks "Set Out Rate" varied. The addresses were digitized by City staff into a GIS database to show which houses participated in the specific areas the project teams audited in the 2019 Curbside Cleanup. Table ES-1, 2019 Bloomington Curbside Cleanup Set Out Rates, indicates the Set Out Rates for each service day in the City. Table ES-1 2019 Bloomington Curbside Cleanup Set Out Rates Audit Week Number (Regular Collection Da Number of Houses Audited Total Number of Houses on Audit Routes Set Out Rate 1 (Friday) 334 630 53% 2 (Thursday) 385 752 51 % 3 (Wednesday) 427 688 62% 4 (Tuesday) 536 877 61 % 5 (Monday) 401 613 65% Total 2083 3560 59% viii of viii C, CITY OF BLOOMINGTON MIN NESOTA Request for Council Action Originator Item City Manager Composition of the Sustainability Commission Agenda Section Date Organizational Business Monday, July 8, 2019 Requested Action The Council is asked to consider changes to the composition of the Sustainability Commission and provide direction to staff regarding any desired next steps. Item created by: Kris Wilson, Assistant City Manager Presenter: Karl Keel, Director of Public Works Description The City's Sustainability Commission is currently composed of 10 members — 8 regular members serving rotating three- year terms, plus one young adult member (age 16 -23) serving a one-year term, and one member of the City Council serving as a non -voting, ex-officio member. The composition of the Commission was last amended one year ago (July 9, 2018). That change added the young adult member and made the City Council member a non -voting, rather than a voting, member of the Commission. The Commission is now requesting an adjustment to its composition to include two young adult members, instead of one, and to return the City Council member to a full -status, voting member of the Commission. Below, for the Council's information, is the current composition of the City's various advisory boards and commissions: # of Adult # of Youth Board/Commission/Authority Members Members TOTAL Sustainability Commission 9 1 10 Human Rights Commission 7 2 9 Creative Placemaking Commission 9 0 9 Advisory Board of Health 7 0 7 Parks, Arts & Recreation Commission 6 1 7 Planning Commission 7 0 7 Port Authority 7 0 7 Board of Review 5 0 5 HRA 5 0 5 Merit Board 3 0 3 The Commission's reasoning for seeking a second young adult member is two -fold: Feedback from their current young adult member and from commissions from other cities that have youth or young adult members is that it is much more effective to have more than one. Being the only youth or young adult in a group that includes 9 adults can be a bit intimidating. Having two or more can alleviate that to some exte nt. Having a second young adult member would enable broader representation —the Commission could have a representative from both Jefferson and Kennedy High Schools (assuming there were applications from both and the Council decided to go that route). If the Council wishes to make one or both of these changes to the composition of the Sustainability Commission, that would be accomplished through the holding of a public hearing and adoption of an ordinance amending City Code Chapter 2, Article V, Division H. Given the requirements to notice public hearings and the City Council's upcoming meeting schedule, the earliest the Council could hold a public hearing and consider such an ordinance would be the August 5 City Council meeting. Any ordinance adopted on that date, would take effect upon publication on August 15. Attachments: City Code Chapter 2 Article V Division H CHAPTER 2: ADMINISTRATION xx Pagel of 2 Print Bloomington, MN Code of Ordinances DIVISION H: SUSTAINABILITY COMMISSION § 2.86.01 PURPOSE. The purpose of the Sustainability Commission shall be to advise the City Council on policies and practices that relate to the sustainable use and management of environmental resources that include air, water, energy, land, and ecological resources, and waste. The Sustainability Commission will help to ensure that such resources will be sustained and continue to provide for a high quality of life for present and future generations of Bloomington. (Ord. 2017-15, passed 5-22-2017) § 2.86.02 DUTIES AND RESPONSIBILITIES. The Commission shall: (a) Collaborate with city staff to review, evaluate, develop, and advise the City Council on policies and practices regarding the sustainable use and management of environmental resources that include air, water, energy, land and ecological resources, and waste; (b) Act as change agent, coordinator and educator for policies, procedures and proposals that relate to environmental sustainability; (c) Engage with the Bloomington community and serve as a community liaison for issues, ideas, and proposals and provide appropriate feedback; (d) Cultivate relationships with residents, community groups, businesses, institutions of higher learning, faith based organizations, outside government bodies, and non- governmental institutions; (e) Serve as a resource for other Bloomington commissions, boards, committees, and task forces on any issues related to sustainability; (f) Adopt criteria and processes for making decisions about the use of resources and selection of sustainability projects; (g) Review sustainability proposals and make recommendations; and (h) Submit written annual work plans and progress reports to the City Council. (Ord. 2017-15, passed 5-22-2017) http://Iibrary.amlegal.com/alpscripts/get-content.aspx 7/2/2019 CHAPTER 2: ADMINISTRATION xx Page 2 of 2 § 2.86.03 MEMBERSHIP. The Sustainability Commission shall consist of ten members, including at least one young adult. The majority of the members shall be technical experts in one or more of the areas of sustainability and one seat shall be reserved for a City Council member that is serving as a non -voting ex-officio member. (Ord. 2017-15, passed 5-22-2017; Ord. 2018-19, passed 7-9-2018) http://library.amlegal.com/alpscripts/get-content.aspx 7/2/2019 Ill CITY OF BLOOMINGTON MIN NESOTA Originator Finance Agenda Section Organizational Business Requested Action No action required. Informational item. Item Franchise Fees Update Date Monday, July 8, 2019 Request for Council Action Item created by: Lori Economy-Scholler, Chief Financial Officer Presenters: Lori Economy-Scholler, Chief Financial Officer; Julie Long, City Engineer Description Provide the Council with an update on franchise fees received, utilization of those fees for the Pavement Management Program, and future modeling of possible rate increases. 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(/ l0 /) ( / O co V O ■� O O _a) V/ VJ VJ co co W i C6 U U a) LO LO LO LO Q � (n N N O O O ON N N 73 • 0 (1) rm 0 =1 O m s H Ill CITY OF BLOOMINGTON MIN NESOTA Originator Item City Manager City Manager Council Update Agenda Section Date Organizational Business Monday, July 8, 2019 Requested Action None Item created by: Deb Smith, City Manager's Office Presenter: Jamie Verbrugge, City Manager Description 1. Updates to Council by the City Manager 2. Council issue identification Attachments: None Request for Council Action