HomeMy WebLinkAbout2023-05-09 Heritage Preservation Meeting PacketAg enda
Heritage Preservation Commission
City Of E dina, Minnesota
Com munity R oom, E dina City Hall
Tuesday, May 9, 2023
7:00 PM
I.Ca ll To Ord er
II.Roll Ca ll
III.Approva l Of Meeting Agenda
IV.Approva l Of Meeting Min u tes
A.Ap ril 11, 2023 Meeting Min u tes
V.Special Recogn ition s An d Presentation s
A.Com m ission Mem ber Review
VI.Com m u n ity Com m ent
During "Community Comment," the Board/Commission will invite residents to share relevant issues
or concerns. Individuals must limit their comments to three minutes. The Chair may limit the
number of speakers on the same issue in the interest of time and topic. G enerally speaking, items
that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead, the Board/Commission might refer the matter to sta% for
consideration at a future meeting.
VII.Rep orts/Recom m en d ation s
A.COA: 4904 Ard en Aven u e
VIII.Cha ir An d Mem ber Com m ents
IX.Sta, Com m ents
A.Ap ril 11, 2023 Meeting Follow Up
B.Hu m an Services Ta sk Force Volunteer
X.Adjournm en t
The City of Edina wants all residents to be comfortable being part of the public
process. If you need assistance in the way of hearing ampli4cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: May 9, 2023 Agenda Item #: I V.A.
To:Heritage P reservation C ommission Item Type:
Minutes
F rom:Emily Bodeker, As s is tant C ity P lanner
Item Activity:
Subject:April 11, 2023 Meeting Minutes Ac tion
C ITY O F E D IN A
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Approve the April 11, 2023 H eritage P reservation Commission minutes.
I N TR O D U C TI O N:
AT TAC HME N T S:
Description
April 11, 2023 HPC Minutes
Draft Minutes☒
Approved Minutes☐
Approved Date: X/XX/23
Minutes
City of Edina, Minnesota
Heritage Preservation Commission
Tuesday, April 11, 2023
I. Call to Order
Chair Lonnquist called the meeting to order at 7:00 p.m.
II. Roll Call
Answering roll call were Chair Lonnquist, Commissioners Cundy, Everson, Nickels, Hassenstab, Schilling, Jarvinen,
Farrell-Straus and student member Maheshwari.
Staff present: HPC Staff Liaison Emily Bodeker, City Planner Cary Teague
III. Approval of Meeting Agenda
Motion made by Schilling, seconded by Hassenstab, to approve the meeting agenda as submitted. All
voted aye. The motion carried.
IV. Approval of Meeting Minutes
Motion made by Schilling, seconded Everson, to approve the March 14, 2023, meeting minutes. All voted
aye. The motion carried.
V. Community Comment: None
VI. Reports/Recommendations
A. COA Amendment: H-22-4 4506 Sunnyside Road
Liaison Bodeker updated Commission on background information about the property. The proposed
COA is associated with changes to a street-facing façade, concerning the addition of a detached garage
and its renovation.
Chair Lonnquist updated that the proposed COA contains modest changes but is worth reviewing with
the Commission to air on the side of caution.
Motion made by Hassenstab, seconded by Everson, to approve the amended COA as submitted.
Commissioners Lonnquist, Everson, Nickels, Hassenstab, Schilling, Jarvinen, and Farrell-Straus
voted aye. Commission Cundy abstained. The motion carried.
Draft Minutes☒
Approved Minutes☐
Approved Date: X/XX/23
B. 2023 Edina Heritage Award
Liaison Bodeker updated that 2 nominations were made for the award and made note that the winner of
the award will be presented to the City Council in May.
Chair Lonnquist updated on the walking tour that was put on by Docomomo and gave an overview of the
two properties that were nominated, 5317 and 5301 Whiting Avenue.
Commissioner Everson gave an overview of the second nomination, St. Peter’s Lutheran Church.
The Commission discussed both nominations and the history and architecture of each.
Motion made by Schilling, seconded by Farrell-Straus, to award St. Peter’s Lutheran Church the
Heritage Preservation Award. All voted aye. The motion carried.
VII. Chair and Member Comments:
Chair Lonnquist asked that the Commission begin positively affirming attendance by email no later than
the Monday before the upcoming meeting. Chair Lonnquist also noted to make sure Commission is
always stating their findings. She also updated that the Doors Open Minneapolis is coming back on May
13 and 14th, it is a free event with lots of cool behind-the-scenes tours of buildings. Chair Lonnquist also
thanked Commissioner Jarvinen for sending drone footage included in the email.
Commissioner Schilling updated that she is leading two history walking tours on April 29th and May 20th.
Commissioner Everson updated on the Century Homes Program that is hoping to launch in early 2024.
One of the key aspects is the plaque recognition program, which will include a 7x5 inch plaque that will
detail the year of the home. The production cost from Montague for the aluminum plaque is around
$100. The production cost from Paul Zimmerman Foundries for the aluminum plaque is $156 with a 15%
historic group discount and the bronze plaque would be $193 per plaque. The third vendor is in St. Paul
and provided an estimated cost for the bronze plaque of around $200-260.
Commissioner Cundy asked a question regarding issuing COAs about changing the siding of properties.
He also discussed what the city website states regarding when COAs are needed, emphasizing that the
Commission must start following the law.
VIII. Staff Comments:
Liaison Bodeker informed the HPC that staff is meeting with the potential Preservation Consultant on
Thursday. She also updated the timeline for the ordinance, plan of treatment, and escrow fee policy. The
document will be reviewed by both Consultant Vogel and the new consultant. The document will then
come to the HPC to make a recommendation. The recommendation will then be passed to the Planning
Commission and City Council.
Draft Minutes☒
Approved Minutes☐
Approved Date: X/XX/23
IX. Adjournment
Motion made by Cundy, seconded by Schilling, to adjourn the meeting at 8:03 pm. All voted aye. The
motion carried.
Respectfully submitted,
Emily Bodeker
Date: May 9, 2023 Agenda Item #: V.A.
To:Heritage P reservation C ommission Item Type:
O ther
F rom:S cott Neal, C ity Manager
Item Activity:
Subject:C ommis s ion Member R eview Information
C ITY O F E D IN A
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
None.
I N TR O D U C TI O N:
F or information only.
AT TAC HME N T S:
Description
Board and Commission Member Review
Board and Commission Member Handbook
1
Board &
Commission
Member Review
Updated 2023.03.28
Agenda
Review
•Roles
•Advisory Groups
Work Plan Development
•Citywide work plans
•Calendar
•Roles
•Subgroups
Ethics
•Gifts
•Conflict of Interest
•Code of Ethics
Council
StaffCommissions
Decide Strategy
Advise Council
Community
Perspective
Manage operations,
Implement Policy, Advise
Council
Technical Analysis
Council
•Make policy-level decisions
•Hire & supervise City Manager
•Approve
-Budget and related work plan
-Ordinances and policy decisions
-Development proposals
-Variances and rezoning requests
•Appoint advisory boards and commissions
Staff
•Provide best efforts and technical advice to Council
•Manage operations and staff
•Propose budget and policies
•Carry out Council decisions
•Deliver services
•Equitable enforce codes and policies
Advisory Boards, Commission & Task Forces
•Provide community perspective on values and needs
•Propose work plan items
•Advise the council through work plan charges
•Hold hearings as directed by Council
•Assist as directed in work plan with engagement
efforts
Roles
4
Elected Officials
Fundamentals:
▪Make Community Decisions
▪Determine Community Direction
▪Free and Fair Elections
▪Rep resen tative Democracy;Le ad an d Follow
▪Law Making –Set Policy
▪Oversight –Enforce Policy
5
Staff Liaisons
Fundamentals:
▪Provide technical expertise to Council &
commissions
▪Communicate commission work to City
Council
▪Manage commission records
Advisory Boards & Commissions
Fundamentals:
▪Advisory to the Council
▪Community Perspective
▪Additional Community Voice and Context
▪Share the Load
▪Buffer for Council
▪Training Ground for Future Leaders
Levels of Engagement
Increasing Impact on the Decision
Inform Consult Involve Collaborate Empower
SHARE COLLECT BRING TOGETHER
Board & Commissions
Task Forces
Website
Open House
Public Hearing
Workshop
Survey
Focus Groups
Public Meetings
Publications
City Extra
Correspondence Stakeholder Interviews
Fact Sheets
Comment FormsFairs/Events
Tours & Field Trips
9
8
Legitimacy & Accountability
Boards,
Commissions
& City Staff
Legitimacy
from the City
Council
Accountable to
the City
Council
9
We will not always agree…Council
City StaffBoards &
Commissions
Decide
Technical
Analysis
Community
Perspective
Provide Council with the best information
possible during the decision making
process.
Rights & Responsibilities
10
Rights
•You are a resident
•Ability to engage on topics of interest
•Speak as a resident at public hearings
or community comment regarding
topics not related to commission
work
Responsibilities
•You are a board or commission
member
•Represent the decision of the
board/commission
•Use board/commission
communication channels to provide
feedback regarding topics related to
work
11
Commission Subcommittee Working Group Task Force
Tenure Ongoing Temporary Temporary Temporary
Members
Residents Commission members
only
Commission +
Public members As defined
Scope
Work Plan Work Plan Item Work Plan Item Task Force
Charge
OML Required Not required Not required Not required
Staff
Support Yes No Not typically Yes
Reports To Council Commission Commission Council or City
Manager
Work Plans
12
14
Budget Pillars
/
City Values
Stewardship
•We make wise
investments that
focus on the best
long-term value
for residents.
Equity
•We provide
equitable
opportunities for
people to
participate in
their City
government and
access City
institutions,
facilities, and
services.
Health
•We use a Health -
in-All Policies
approach to
promote and
protect the
physical, mental
and social
wellbeing of all
people who live,
work or visit
Edina.
Sustainability
•We ensure that
our policies,
decisions, and
plans have a
positive impact
on people and
the planet now
and for future
generations.
Values Viewfinder
17
Commission Up
WWW.EDINAMN.GOV 18
Council
Staff
Commission
Work Plan Calendar
January
Work plans begin
June–Aug.
Develop proposed work
plan
September
Approved work plans due
October
Chair presents work
plans to City Council
November
Staff presents work plan
to City Council
December
Work plans approved by
City Council
15
Work Plan Development Roles
WWW.EDINAMN.GOV 20
Commission Chair
•Lead work plan development
•Make sure work plan is not
overloaded
•Ensure there is a “lead(s)” to
each initiative
•Present proposed work plan to
City Council
Staff Liaison
•Provide technical expertise,
recommendations and advice to
the commission
•Provide clear recommendations
to City Management and/or
Council to consider
•Ensure work plan template fields
are completed
16
21
Charge 1:
Study &
Report
Study a specific issue
or event and report its
findings to the Council
No vote
No recommendation
Charge 2:
Review &
Comment
Review specific policy
issue and staff will seek
comments from each
individual member of
the group to pass on to
Council
No vote
No recommendation
Charge 3:
Review &
Recommend
Review a specific policy
issue and provide a
recommendation on the
issue to Council
Majority vote required
Recommendation
Charge 4:
Review &
Decide
Study, review and
decide on an issue. The
decision will be the
City’s official position on
the matter unless it is
formally reversed by
Council
Majority vote required
Decide
Work Plan vs Non-Work Plan Items
22
Work Plan Items
•Approved by City Council
•Focus work
•Alignment with overall work of
the council
•Dedicated resources
•Delegation of some authority
and staff time
Non-Work Plan Items
•Items not approved by City
Council, including items located
in the “parking lot”
•No dedicated resources
•Can ask Council for work plan
modification through advisory
communication (rare)
18
Ethics
23
Conflict of Interest
24
DEFINITION Any member who has
a financial interest in,
or who may receive a
financial benefit as a
result of, any BC action
or if there is potential
for the appearance of
conflict of interest
WHAT
SHOULD YOU
DO
Disclose the
conflict or interest
to the group
Abstain from
discussing or
voting on the
matter
26
Gifts
25
DEFINITION Any invite or item of
value from an
“interested party” in
conjunction with
your board and
commission work
WHAT
SHOULD
YOU DO
Abstain from
taking the gift
Contact your
staff liaison
EXAMPLE
Code of Ethics
WWW.EDINAMN.GOV 26
•I have been entrusted by the Edina City Council to perform my duties and services as a volunteer Board or Commission Member i n
manner that is always in the best interests of the community of Edina.
•While honest differences of opinion may develop, I will work harmoniously with other Board or Commission members to assure
residents the services they require.
•I will invite all residents to express their opinions so I may be properly informed prior to making my decisions. I will make them based
solely upon the facts available to me. I will support the final decision of the Board.
•I must devote the time, study and thought necessary to carry out my duties.
•I understand that the Board or Commission members recommend policies, the City Council establishes policies and the staff is
responsible for administering the policies of the City Council.
•I understand that as a Board or Commission Member, I have no authority outside of the proper meeting of the Board.
•I understand that all Board meetings shall be open to the public, except as provided by law.
•I understand that it is my duty as a Board or Commission member to treat all residents, staff and fellow Board and Commission
members in a respectful and professional manner at all times.
•I will withdraw from discussions and decision-making actions in cases where I have a conflict of interest and I will disclose those
conflicts of interest when they arise.
WWW.EDINAMN.GOV 27
Questions?
MEMBERHANDBOOK
City of Edina Boards & Commissions
Board/Commission Member Handbook 1 | Page
CONTENTS UPDATED 2023.02.28
Inside the City ............................................................................................................................................................................. 3
City Authority ................................................................................................................................................ 3
Council, Staff, & Commission Roles ......................................................................................................... 4
City Council ................................................................................................................................................... 5
City Leadership .............................................................................................................................................. 5
City Organizational Structure .................................................................................................................... 6
Department Functions ................................................................................................................................. 6
Council, Staff, Commission Roles ........................................................................................................................................... 8
Staff Liaisons ................................................................................................................................................... 8
Edina’s Advisory Boards and Commissions ............................................................................................ 8
Roles ................................................................................................................................................................. 9
Commission Structure ............................................................................................................................................................ 10
Membership and Onboarding................................................................................................................... 10
Membership .................................................................................................................................................. 10
Guidelines: .................................................................................................................................................... 10
Types of Members ...................................................................................................................................... 10
Key Players ................................................................................................................................................... 11
Committees and Working Groups ......................................................................................................... 11
Committee / Working Group Membership & Guidelines ................................................................ 12
Membership .................................................................................................................................................. 12
Guidelines: .................................................................................................................................................... 12
Membership .................................................................................................................................................. 12
Guidelines: .................................................................................................................................................... 12
Key Components of Working Groups .................................................................................................. 13
Sub-groups and Chair Assignments ........................................................................................................ 13
Disbanding..................................................................................................................................................... 14
Guiding Documents .................................................................................................................................... 14
Member Handbook..................................................................................................................................... 14
Work Plans ................................................................................................................................................................................. 14
Work Plan Process ..................................................................................................................................... 14
Annual Work Plan Calendar .................................................................................................................... 15
Work Plan Development .......................................................................................................................... 15
Board/Commission Member Handbook 2 | Page
Roles ............................................................................................................................................................... 16
Council Charges .......................................................................................................................................... 16
Work Plan vs Non-Work Plan Items ..................................................................................................... 18
Meetings ...................................................................................................................................................................................... 18
Types of Meetings ....................................................................................................................................... 18
Regular Meetings ......................................................................................................................................... 18
Special Meetings........................................................................................................................................... 18
Joint Work Session Meeting ..................................................................................................................... 18
Attendance ................................................................................................................................................... 19
Quorum and Voting ................................................................................................................................... 20
Meeting Packet ............................................................................................................................................. 20
Agenda ........................................................................................................................................................... 20
Minutes .......................................................................................................................................................... 21
Robert’s Rules of Order............................................................................................................................ 21
Communication ......................................................................................................................................................................... 22
Open Meeting Law...................................................................................................................................... 22
Communication with City Council ......................................................................................................... 23
Communication with the Public .............................................................................................................. 24
Ethical and Respectful Conduct ............................................................................................................................................. 26
Conflict of Interest ..................................................................................................................................... 26
Gifts ................................................................................................................................................................ 27
Respectful Behavior .................................................................................................................................... 27
Code of Ethics ............................................................................................................................................. 27
Novus Boardview ........................................................................................................................................ 28
Board/Commission Member Handbook 3 | Page
INSIDE THE CITY
City Authority
Cities are created under state statute and subservient to state and federal law. The state of Minnesota has
two “types” of cities and many “forms” of cities.
The two types of cities are Home-Rule Charter (HRC) and Statutory City (SC). Edina is a Plan B Statutory
City.
STATUTORY CITY POWERS
• Create departments, advisory boards, and appoint employees to conduct City affairs
• Make annual tax level and exercise authority over finances
• Provide parks and recreation facilities
• Prosecute people who violate ordinances
• Plan for future development of the City
• Levy special assessments for public improvements
• Carry out a program of housing redevelopment
• Control the subdivision of land
CITY COUNCIL RESPONSIBILITIES
• Council holds legislative authority
• City Council consists of the Mayor and four Council members
• Council sets policy
• Each council members have an equal vote
• City council hires, fires, and supervises only one city employee: City Manager
• City Council holds City Manager accountable
CITY MANAGER RESPONSIBILITIES
• City Manager holds administrative and management authority
• City Manager is accountable to the City Council
• City Manager hires staff and carriers out city operations
Home-Rule Charter (HRC)
As defined by charter
Statutory City (SC)
Standard
Plan A
Plan B
Board/Commission Member Handbook 4 | Page
Council, Staff, & Commission Roles
Objectives of Boards and Commissions:
• City Council establishes Boards and Commissions to engage residents into city work.
• City Staff supports Boards and Commissions to assist with effective governance.
• Board and Commission members serve the community and can participate in meaningful work.
Supporting City Council:
Edina’s Boards and Commissions are
established by the City Council and serve
as advisors to the council. Boards and
Commissions and City Staff are
accountable to City Council.
Council
• Make policy-level decisions
• Hire & supervise City Manager
• Appoint advisory boards and commissions
• Approve
- Budget and related work plan
- Ordinances and policy decisions
- Development proposals
- Variances and rezoning requests
Staff
• Provide best efforts and technical advice to
Council
• Manage operations and staff
• Propose budget and policies
• Carry out Council decisions
• Deliver services
• Equitable enforce codes and policies
Advisory Boards, Commission & Task Forces
• Provide community perspective on values and
needs
• Propose work plan items
• Advise the council through work plan charges
• Hold hearings as directed by Council
• Assist as directed in work plan with
engagement efforts
Board/Commission Member Handbook 5 | Page
City Council
Mayor James
Hovland
James Pierce Carolyn Jackson Kate Agnew Julie Risser
Fundamentals of elected officials
• Make Community Decisions
• Determine Community Direction
• Free and Fair Elections
• Representative Democracy: Lead and Follow
• Law Making – Set Policy
• Oversight – Enforce Policy
Authority of City Council
• City Council is a continuing body, past actions remain in effect.
• Authority is through Council as a whole, and not as individual members.
• Mayor and Council Members generally have the same authority.
• Mayor presides over meetings and has some additional ceremonial and ministerial functions.
• Communication from Council to staff flows through City Manager, Assistant City Manager,
and Department Directors.
Legitimacy & Accountability
City Leadership
Scott Neal
City Manager
• Responsible for hiring and managing
City staff
• City Manager carries out policy
direction of Council
Lisa Schaefer
Assistant City Manager
Boards, Commissions &
City Staff
Legitimacy from the
City Council
Accountable to the
City Council
Board/Commission Member Handbook 6 | Page
City Organizational Structure
Department Functions
Human Resources
• Recruitment and selection
• Compensation and benefits
• Employee and labor relations
• Employment policies
• Performance management
• Training and development
• Safety and worker’s compensation
• General liability and risk management
• Payroll
Communications
• Media and publications
• Marketing
• Website and social media
Finance
• Budget
• Investments
• Accounts payable
Public Works
• Street maintenance
• Utility Operations
• Fleet Maintenance
Engineering
• Design
• Project management
• Environmental services
• Transportation
• Sustainability strategy & measurements
• Property management
• HVAC
• Electrical
Parks and Recreation
• Recreation programs
• Manage enterprise facilities
• Liquor Store Operations
• Parks maintenance City ManagerCommunications
Director
Community
Development Director
Engineering Director
Fire Chief
Parks & Recreation
Director
Police Chief
Public Works Director Assistant City ManagerFinance Director
HR Director
IT Director
Admin Department
Community Engagement
Manager
Race & Equity Manager
City Clerk
Executive Assistant
Management Fellow
Board/Commission Member Handbook 7 | Page
• Accounts receivable
Police
• Patrol
• Investigations
• Dispatch
• Records
• Community Health
Fire
• Fire suppression and prevention
• Emergency medical
• Emergency preparedness
• Building plan review
• Building permits
• Building inspections
I.T.
• Network management
• Telecommunications
• End-user support and training
• GIS
Community Development
• Planning
• Zoning
• Heritage preservation
• Sign permits
• Residential & commercial appraisal
• Economic Development
Administration
• Council relations
• Boards and Commissions
• Strategic Planning
• Neighborhood Associations
• Elections
• Records Management & Licenses
• Performance measurement
NOT INCLUDED IN CITY SERVICES
Area Governance
School Edina, Hopkins and Richfield School Districts
Some Arterial Roads Hennepin County
Highways MNDOT
Libraries Hennepin County
Social Services Hennepin County
Courts Hennepin County
Correctional System Hennepin County and State of Minnesota
Waste Water Treatment Metropolitan Council
MSP Airport Metropolitan Airport Commission
Creeks and Some Waterways Watershed Districts
Board/Commission Member Handbook 8 | Page
COUNCIL, STAFF, COMMISSION ROLES
Staff Liaisons
Laura Fulton
Arts & Culture
Commission
Cary Teague
Planning
Commission
Perry Vetter
Parks & Recreation
Commission
Andrew Scipioni
Transportation
Commission
Shelagh
Stoerzinger
Board of Appeals
& Equalization
Emily Bodeker
Heritage
Preservation
Commission
Dave Fisher
Construction Board
of Appeals
Grace Hancock
Energy &
Environment
Commission
Jeff Brown
Community Health
Commission
Heidi Lee
Human Rights &
Relations
Commission
Fundamentals of Staff Liaisons
Provide technical expertise to Council & commissions
Communicate commission work to City Council
Manage commission records
Edina’s Advisory Boards and Commissions
Arts & Culture Commission
Community Health Commission
Energy & Environment Commission
Heritage Preservation Commission
Human Rights & Relations Commission
Board of Appeals & Equalization
Construction Board of Appeals
Planning Commission
Parks & Recreation Commission
Transportation Commission
Fundamentals of Advisory Boards and Commissions
Advisory to Council
Special expertise
Additional community voice and context
Share the load
Buffer for Council
Board/Commission Member Handbook 9 | Page
Training ground for future leaders
Roles
The city uses the International Association for Public Participation’s spectrum to structure
engagement and determine the level of influence the public can have on decisions. One technique of
engagement is utilizing Boards and Commissions. Boards and Commissions have a higher impact on
decisions and therefore are located on the spectrum under “collaborate”.
City code identifies advisory board and commission roles.
COMMISSION ROLE
Investigate matters within scope of the commission or as specifically directed by Council
Advise the council by communicating the viewpoint or advice of the entire commission
At the direction of council, hold hearings, receive evidence, conduct investigations, make
decisions, and provide recommendations to Council
NOT COMMISSION’S ROLE
Commissions do not direct the work of city staff
Do not take responsibility for financial performance of any city facility or program
Board/Commission Member Handbook 10 | Page
COMMISSION STRUCTURE
Membership and Onboarding
Types of Members
There are two types of board and commission members:
November
Member assessment
December
Reappointments
Application Opens
Recruitment
January
Application Closes
Interview Start
February
Interviews Completed
Appointments
Orientation
March
Terms start March 1
First meeting for new members
BOARDS & COMMISSIONS
Membership
• Members are selected by City Council.
• Membership consists of regular and student
members.
• All appointments have term limits.
• Subject to Open Meeting Law
• The City Manager appoints a staff liaison who
provides administrative support to the
board/commission as a body.
Guidelines:
• Boards and commissions are established to
advise the City Council
• Establishment and missions are outlined in
City code
• Boards and commissions are on-going
• Meetings of boards and commissions are
public meetings
• Commissions can establish committees and
working groups
Regular
Members
Must be 18
years of age or
older
Must live in
Edina Voting member
Terms are
typically 3 years
in duration
Student
Members
Full time
sophmore,
junior or senior
Lives in Edina or
open enrolled at
Edina High
School
Non voting
member
Serve a one year
term
Board/Commission Member Handbook 11 | Page
Key Players
Committees and Working Groups
Local governments often use a variety of resident advisory groups, including Boards and Commissions, to
complete the mission of the City. Commissions may create Committees and Working Groups to assist them
with their work plan, however, committees and working groups work at the direction of the whole
board and commission.
Role of these groups:
• Study issues in greater depth and report findings
• Assist with community initiatives or events
Chair
•Provide input on agenda
•Lead meetings & facilitate
discussion
•Facilitate development,
completion, and progress
updates for work plan
•Encourage member
participation
•Manage areas of conflict
Vice Chair
•Support chair
•Perform chair duties
when chair is not
available
Liaison
•Prepare agenda &
meeting materials
•Provide official notice of
meetings
•Record & prepare minutes
•Maintain official records
•Provide technical
expertise & access to city
staff/resources
•Relay information to
council
Composition
Temporary
On-going Board/Commission
Sub-Committee
Commission
Members Only
Working Group
Commission
Members Public Members
Board/Commission Member Handbook 12 | Page
Committee / Working Group Membership & Guidelines
COMMITTEES
Membership
• The commission selects at least two, but
less than a quorum of members
• All members must be members of the
commission
• The commission selects a chair or co-chairs
• Not subject to Open Meeting Law
Guidelines:
• Committees are established with the approval of the
commission to assist with a work plan initiative
• The commission has final recommendations on all
matters which the committee has been given
guidance
• Staff does not provide support to committees
• Meetings of Committees are not public meetings
WORKING GROUPS
Membership
• A Working Group is comprised of one or
more members of the
Board/Commission, but less than a
quorum of members and includes
members of the public.
• Commission selects the chair or co-chairs
• The chair will recommend to the
commission other working group
members who are outside of the
Board/Commission. The
board/commission appoints additional
working group members.
• Not subject to Open Meeting Law
Guidelines:
• Established with the approval of the commission
• Created when work requires more support
• Set timeline
• Notice is given to the public of the formation of the
working group providing a minimum of 14 days for
the public to express interest before members are
selected
• Commission has final recommendations on all
matters of the working group
• Staff liaison does not support working groups
• Meetings of working groups are not legally required
to be public
Boards and commissions should consider creating a working group when:
• The board or commission members need more support.
• The work requires a specific expertise or time.
• The work needs more community engagement to identify issues and concerns
Board/Commission Member Handbook 13 | Page
Key Components of Working Groups
Establishment
• Prior to the establishment of a working group, the commission should complete a “greenprint” which is a
template for determining the need of the working group
• The “greenprint” should be approved by the commission at a regular scheduled meeting
Public Notice
• The commission must put out notice of the establishment of the working group (i.e. press release, city
communication channels)
• Notice should be given a minimum of 14 days so interested individuals can come forward to volunteer
Leadership
• The chair or co-chair positions should be held by voting commission members
• The commission appoints the chair or co-chairs
Size
• Working groups should not exceed 7 members (5 is preferable)
Time
• Working groups are established for a set time in order to complete a task set forth by the commission
Disbanding
• The commission can disband a working group at any regular meeting by a majority vote
• In the case that no member of the commission is available to serve, the working group will be automatically
disbanded
Work
• Working groups do not provide direction to the commission
• The commission has final recommendation on all matters
Sub-groups and Chair Assignments
Appointments:
Committees and working groups work at the discretion of the entire commission so therefore the
commission makes the appointments of all members.
Resignation or Removal:
Committee and working group members may voluntarily resign by notifying the chair of the group.
A committee or working group member may be removed by a majority vote of the commission.
Chair Assignments:
Every committee and working group should have regular member(s) serving as the chair or co-
chairs. The commission approves the selection of chairs.
Chair Duties:
• Set the meeting schedule
• Prepare meeting agenda
• Maintain meeting decorum
• Recommend members (working group) and notify commission of changes in membership
• Report on the group’s activities to the regular commission meetings
• Ensure the group is working as directed by the commission
Board/Commission Member Handbook 14 | Page
• Communicate to the Committee or Working Group any directives, questions or input from
the commission
Disbanding
Committees and working groups are not intended to be ongoing. These groups can be disbanded by
a majority vote of the commission or they will automatically disband in the following instances:
• Completion of work / charge
• No member of the commission is available to serve
Guiding Documents
1 City Code
• Outlines general roles of boards and commissions
• Identifies each board or commissions mission
• If there is discrepancy between city code and other guiding documents, city
code prevails
2 Work Plan
• Work approved and directed to the commission by Council
3 Member Handbook
• The guide you are reading right now!
WORK PLANS
Work Plan Process
Board/Commission Member Handbook 15 | Page
Annual Work Plan Calendar
Annual work plans ensure that the Commissions’ initiatives are aligned with the City Council’s
priorities.
Work Plan Development
Work plans are developed by the commission. During the process the staff liaison will provide input and
technical expertise. Once proposed work plans are presented to Council, staff will conduct a review and
provide recommendations prior to Council approval.
January
Work plans begin
June–Aug.
Develop proposed work
plan
September
Approved work plans due
November
Staff presents work plans
to City Council
October
Chair presents work plan
to City Council
December
Work plans approved by
City Council
Council
Staff
Commission
June
Brainstorm
Collect Ideas
What do you want to work on?
July
Review list of ideas
Reduce list
How much capacity do you have?
August
Determine the priorities
Who is leading the project?
September
Approved proposed work plan
Board/Commission Member Handbook 16 | Page
Roles
Council Charges
The Council Charge is a guide for Council to provide clear and specific direction to Boards and
Commissions on.
Council Charge is given in instances when Council tasks a board or commission with an initiative.
City staff ensures Council identifies the charge level of the task.
The Council Charge concept is implemented in Board and Commission work plans.
Examples:
- Council needs more
information
- Review a policy or
recommendations from
another commission or
staff project
- Council is ready to act
on an item and
implement changes
- Events
- Programs
Commission Chair
•Lead work plan development
•Make sure work plan is not overloaded
•Ensure there is a “lead(s)” to each
initiative
•Present proposed work plan to City
Council
Staff Liaison
•Provide technical expertise,
recommendations and advice to the
commission
•Provide clear recommendations to City
Management and/or Council to consider
•Ensure work plan template fields are
completed
Charge 1:
Study &
Report
Study a specific issue or
event and report its
findings to the Council
No vote
No recommendation
Charge 2:
Review &
Comment
Review specific policy
issue and staff will seek
comments from each
individual member of
the group to pass on to
Council
No vote
No recommendation
Charge 3:
Review &
Recommend
Review a specific policy
issue and provide a
recommendation on the
issue to Council
Majority vote required
Recommendation
Charge 4:
Review &
Decide
Study, review and decide
on an issue. The decision
will be the City’s official
position on the matter
unless it is formally
reversed by Council
Majority vote required
Decide
Board/Commission Member Handbook 17 | Page
Charge 1: Study &
Report
2: Review &
Comment
3: Review &
Recommend
4: Review &
Decide
Commission
Role
Study a specific issue
or event and report
its findings to Council
Review a specific
policy issue and staff
will seek comments
from each individual
member of the group
to pass on to Council
Review a specific
policy issue and
provide a
recommendation on
the issue to Council
Study, review and
decide on an issue.
The Decision will be
the City’s official
position on the matter
unless the issue is
formally reversed by
Council
Commission
Vote
No vote is taken by
the commission
No vote is taken by
the commission
A majority vote is
required
A majority vote is
required
Commission
Recommendation
No official
recommendation is
provided to Council
No official
recommendation is
provided to Council
An official
recommendation is
provided to Council
No official
recommendation is
provided to Council
Report
Type
Required: Advisory
Communication &
Staff Report
Required: Staff Report
Required: Staff Report
Optional: Advisory
Communication
None
Work Plan Approval Process:
Approving work plans is a three-part process. Work plans development starts in the summer months and
ends in December.
1 Chair Presents Proposed Work Plan
• Annual work session meeting (typically October)
• Meeting Purpose: Chair to present proposed work plan and allow Council to ask clarifying
questions from the chair
2 Staff Presents Proposed Work Plan
• Annual work session meeting (typically November)
• Meeting Purpose: City staff (City Manager Comments) will present proposed work plans along
with recommended changes
3 Council Review and Final Approval
• Annual City Council meeting (typically first meeting in December)
• City staff will incorporate council changes from previous meeting and present proposed work
plans for approval
Board/Commission Member Handbook 18 | Page
Work Plan vs Non-Work Plan Items
Work completed by the commission should be on their approved work plan. At times, non-work
plan items may arise mid-year. While these items are important, commissions are asked to focus on
approved work plan items or ask for a work plan modification mid-year. It is rare to make a
modification in the middle of the work plan calendar.
MEETINGS
Types of Meetings
1 Regular Meetings
• All Commissions have a regular meeting schedule; e.g., “7 p.m. on the fourth Thursday of
each month.”
• Regular meetings can be rescheduled if members and the public are given notice at a prior
meeting
• If notice at a prior meeting cannot be given for a schedule change, the regular meeting is
considered to have been cancelled and a special meeting called
• At the regular February meeting, each commission holds annual elections for Chair and
Vice Chair
2 Special Meetings
• A meeting held in addition to the regular meeting schedule
• Can be scheduled without notice at a prior meeting
3 Joint Work Session Meeting
• Work sessions are held jointly with City Council
• Every Commission has at least one a year
• Goal is to review current work plan and get direction if needed
**All meetings are audio recorded and some are televised.
Work Plan Items
•Approved by City Council
•Focus work
•Alignment with overall work of the council
•Dedicated resources
•Delegation of some authority and staff
time
Non-Work Plan Items
•Items not approved by City Council,
including items located in the “parking
lot”
•No dedicated resources
•Can ask Council for work plan modification
through advisory communication (rare)
Board/Commission Member Handbook 19 | Page
Attendance
Attendance Policy:
There are two ways members fail to meet attendance requirements. Student members do not have an attendance
requirement.
1 75% Requirement
• If a member fails to meet the 75% attendance requirement, they will not be removed
from the Board or Commission until the end of the calendar year. At this time, if the
member wants to ask to be reappointed, they can request the Community Engagement
Coordinator to include this in the staff report.
2 Three Consecutive Meeting Requirement
• If a member fails to attend 3 consecutive meetings (4 for Planning Commission), they
will be removed from the Board or Commission effective immediately upon their 3rd
absence (4th for Planning Commission). Under this scenario, members cannot request
reappointment, but can reapply for the Board or Commission for the following year.
Counted vs Not Counted:
Board and commission meetings listed under “Counted towards Attendance” will be used to factor into the
board and commission attendance policy. “Not Counted towards Attendance” are not used in the formula.
*A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter
notice is given, the previously scheduled meeting is considered to have been cancelled and replaced with special
meeting.
**A cancelled meeting can be done by the Chair, City Council, City Manager or by the majority of voting members.
Reasons a meeting may be cancelled include:
• Insufficient business
• Lack of quorum
• Conflict with a holiday or religious observance
• Inclement weather
• Community emergency
Attendance Sheets:
Attendance sheets are maintained by the Staff Liaison. Annually the City conducts an attendance assessment to
identify attendance issues.
Members Responsibility:
Since attendance impacts quorum and the ability for a board or commission to conduct business, it is important to
communicate conflicts in advance of the meeting. Members should contact the staff liaison if:
• They cannot attend a scheduled meeting
Counted
towards
Attendance
Regular
Meeting with
Quorum
Regular
Meeting
without
Quorum
Rescheduled
Meeting*
Canceled
Meeting**
Not Counted
towards
Attendance
Special
Meetings
Joint Work
Sessions
Subcommittee
or working
group
meetings
Board/Commission Member Handbook 20 | Page
• They will be late or need to leave early
Quorum and Voting
Voting:
• Regular members can participate in voting
• Student members are expected to participate in the discussion but do not vote and do not count
towards quorum
Quorum = A majority of seated voting members
• Quorum is required to vote on business items
• Meetings can be held without a quorum, however, members cannot “conduct business” by taking votes
on motions
Meeting Packet
Each meeting packet contains:
• Agenda
• Draft Minutes
• Reports and Recommendations
The packet posted in Novus Agenda Board web at least three days prior to your scheduled meeting. It is important
that you review the packet in advance to be prepared.
Agenda
Static Items (will always appear):
I. Roll Call
II. Approval of Meeting Agenda
III. Approval of Meeting Minutes
IV. Community Comment
V. Reports & Recommendations
VI. Chair & Member Comments
VII. Staff Comments
VIII. Adjournment
Additional Categories (in green):
I. Roll Call
II. Approval of Meeting Agenda
III. Approval of Meeting Minutes
IV. Special Presentations & Recognitions
V. Public Hearings
VI. Community Comment
VII. Reports & Recommendations
VIII. Chair & Member Comments
IX. Staff Comments
X. Adjournment
Community Comment:
• Residents can speak during community comment on any topic that is NOT already on the current agenda.
• Members should not engage in direct debate or dialogue with the resident outside of thanking them for the
comment or noting when the item might be discussed by the BC in the future.
• Commissions should not take action from the content of the community commenter.
• Commenters must provide their name and address before speaking.
• Commenters have 3 minutes to speak.
Board/Commission Member Handbook 21 | Page
Minutes
Minutes are recorded at each Board or Commission meeting. Commissions may have an additional city staff person in
attendance that supports the liaison with this particular task.
Meeting minutes’ document actions taken at a meeting, not discussion.
Meeting minutes will include:
• Meeting name including the date, place and time
• Members in attendance
• Approval of previous meeting minutes and corrections, if any
• Motions made (exact wording of the motion, who made the
motion, seconded the motion, and the result of the vote)
• Reports (can use bulleted lists)
• Other actions
Meeting minutes
will NOT include:
• What was
said
• Who said it
Each meeting packet will contain a draft of the minutes from the previous meeting. After the minutes are approved,
your City Staff Liaison will submit the approved minutes for publication on the City’s website and to City Council for
receipt. This is an important channel of communication to City Council from the Commissions.
Robert’s Rules of Order
Edina Boards and Commissions use Robert’s Rules of Order to transact business through motions. Robert’s
Rules of Order will prevail in the event of a procedural conflict.
General Principles:
• Only one subject (main motion) is before the group at one time.
• Negative motions are generally not permitted, phrase the motion as a positive action. If the BC
does not want to take action, the motion should be voted down.
• Only one member speaks at a time. Each speaker should first be recognized by the Chair. The
maker of a motion is usually allowed to speak first and last.
• Each item is presented for full debate. Each member speaks once until all members have had an
opportunity to speak.
• All members have equal rights. The rights of the minority are protected and heard, but the will of
the majority prevails.
Steps to a motion:
• Member addresses the Chair and the Chair recognizes the member.
• Member states motion “I move to adopt the policy.”
• Another member seconds the motion “I second.”
• Chair repeats the motion to the BC.
• Motion is discussed by the group.
• Members can make subsidiary motions that assist the group in disposing of the main motion, “I
move to table this discussion to the next meeting.”
• Members vote on the subsidiary motion.
• If applicable, members vote on the main motion.
• Chair announces the results.
Board/Commission Member Handbook 22 | Page
COMMUNICATION
Open Meeting Law
Why it exists:
• Prohibits actions from being taken at a secret meeting, where it is impossible for the interested
public to become fully informed concerning decisions of public bodies or to detect improper
influences.
• Ensures the public’s right to be informed.
• Afford the public an opportunity to present its views to the public body.
To Comply:
• Provide public notice of the meeting a minimum of three days in advance.
• Hold meetings in public places.
Violation of Open Meeting Law:
There is a violation of open meeting law if there is discussion of business between quorums of members
outside of a publicly noticed meeting. Serial communication defined below is an open meeting law violation.
Serial Communication:
Serial communication is communication between Board and Commission members that lead to a
concurrence among the majority of the members. Serial communication may involve a series of
communications (example: email, face-to-face, text) with each communication involving less than a quorum of
the Board or Commission, but when taken as a whole, involve a majority of the Board or Commission.
Ensure Compliance:
• Email communication intended for the group to your Staff Liaison for distribution.
• Members should not “reply all” to group messages.
• Members should not blind copy other members.
Committees and Working Groups:
While Committees and Working Groups are not covered under the Open Meeting Law, some Committee
or Working Group meetings may be designated as public meetings by the City Council, or the Commission
based on potential public interest in the topic.
Commission Subcommittee Working
Group Task Force
Tenure Ongoing Temporary Temporary Temporary
Members Residents Commission
members only
Commission +
Public members As defined
Board/Commission Member Handbook 23 | Page
Scope Work Plan Work Plan Item Work Plan Item Task Force
Charge
OML Required Not required Not required Not required
Staff Support Yes No Not typically Yes
Reports To Council Commission Commission Council or City
Manager
Communication with City Council
Recommendations to City Council. When presenting recommendations to City Council it is essential
that Board and Commission members keep the following in mind:
• Recommendations should be in written form.
• Ideas should be expressed in clear and concise language.
• Proposed solutions should be viable and cost-effective.
• Recommendations should identify reasons for the changes suggested.
• Advice should reflect the views of a consensus or a majority of Board and Commission members.
Role of Staff Liaison. One of the primary roles of the Staff Liaison is to assist in delivering information from the
City Council to the commission, and vice versa. It is the responsibility of the Staff Liaison to communicate the
guidance of their Board and Commission completely and impartially.
City Council Code of Conduct. City Council Members promise Boards and Commissions they will:
• View Boards and Commissions as vitally important resources to support our decision-making
• Communicate effectively with Boards and Commissions to ensure they have the tools to do their
work
• Give clear direction as a body and take adequate time to review the result of their deliberations
• Because of the value of the independent advice of boards, commissions, and task forces to the public
decision-making process, members of Council shall refrain from using their position to influence the
deliberations or outcomes of board, commission, and task force proceedings
• The expectation is that Council Members will not typically attend Board, Commission, Committee,
Working Group or Task Force meetings. However, under special circumstances, if we attend a
meeting:
o We will do so only as an observer and prior to attending we will notify the appropriate staff
liaison
o Strive for good communication by reporting out to other Council Members
Board/Commission Member Handbook 24 | Page
Communication Tools. Boards and Commissions have five primary tools for communication with the City
Council. Since Council time is limited and it is important that all members of the Council receive the information, it
is imperative that communication is done through these formal channels. The table below outlines each tool and its
intended purpose:
1 Meeting Minutes
• Meeting minutes are intended to give members a record of Board and Commission
proceedings. After the minutes are approved, they are included as part of the upcoming
Council packet. Council members are very diligent about reading Board and Commission
minutes.
2 Joint Work Session
• Joint work sessions are held at least once a year. This is an opportunity to update the
Council on the Commission’s work plan and to get Council feedback on the progress to
date.
3 Annual Work Plan
• The annual work plan process enables Commissions to share their goals for the
upcoming year. The Council reviews those goals and other ideas before giving final
direction on Commission priorities.
• Council will assign each work plan item a Council Charge
4 Staff Reports
• Staff reports are prepared by staff to forward a regulatory item or other goal from the
Commission’s approved work plan to a Council meeting for approval or direction. It is
staff’s responsibility to outline the Commission's recommendation, as well as staff
recommendations, and to highlight any important differences between the two.
5 Advisory Communication
• Advisory communication is prepared by the Commission members under the direction
of the Commission. This template should be used when the Commission wants to give
input on an issue but due to timing or the nature of the issue, meeting minutes are
deemed insufficient. Advisory communications should be used if the Commission wishes
to advise the Council on a topic not included on their approved work plan.
Communication & Advocacy with the Public
We want members to promote their Board and Commission’s work with the public, however, as a board or
commission member you are asked to take care when conveying any decisions of the Board of Commission.
Board/Commission Member Handbook 25 | Page
Media Contacts:
Can I reach out to
the media?
•The City handles distribution of press releases. If a board or commission
member would like to make additional media requests or pitches to specific
media, the staff liaison and Communications Department must be notified. This
includes columns and editorials that are attributed as being written by a board
or commission member and/or relating to the activities of the board or
commission. Staff liaisons should route these requests to the Communications
Department.
Who responds to
the media requests?
•Once the City Council has taken action on a policy, the board or commission
should refer media requests to the City Council unless directly asked by the City
Council to respond. If a statement is needed from the board or commission, the
Chair is typically the one asked to provide one.
What if the media
contacts a liaison or
board or
commission
member directly?
•Gather information. Don’t respond immediately. Instead say, “I’m sorry, but I
can't respoind right now. Please give me some basic information about what
you are looking for. I'll submit your request to the appropriate person who will
get back to you as soon as they can.” Then, gather the following information:
•Media representative’s name and contact information.
•Deadline.
•Questions they have or focus of the story.
•Get help. Staff liaisons can help determine who should respond and get board
or commission members help from Communications Department staff if
needed. All opinions and responses should reflect the official position of the
board or commission.
What if a board or
commission
members wants to
give a personal
opinion?
•It is important to determine when a board or commission member is
communicating on behalf of the board or commission and when they are
stating their own personal opinion. If they are expressing their own opinion
about board or commission business (which may be different than the official
board or commission position) make sure they identify their opinion as their
own, and are not representing the board or commission.
Rights
•You are a resident
•Ability to engage on topics of interest
•Speak as a resident at public hearings or
community comment regarding topics not
related to commission work
Responsibilities
•You are a board or commission member
•Represent the decision of the
board/commission
•Use board/commission communication
channels to provide feedback regarding
topics related to work
•You are advisory to Council, only advocate
for public if directed
Board/Commission Member Handbook 26 | Page
The best way for people to correspond with the commission is through the “Commission Correspondence
Form” located on the City’s website. If members of a commission are contacted by the media, they should
immediately contact their staff liaison.
Social Media:
ETHICAL AND RESPECTFUL CONDUCT
Conflict of Interest
Definition: any member who has a financial interest in, or who may receive a financial benefit as a result of, any BC
action or if there is potential for the appearance of conflict of interest.
Members who have a conflict of interest must:
• Disclose the conflict of interest to the group, and
• Abstain from discussing or voting on the matter.
Examples:
• Individuals who work in a consultant capacity currently or in the past for the City of Edina on development,
streets, or other types of projects
• Individuals who have private businesses/organizations
Members who have a potential conflict of interest shall:
• Discuss potential conflict of interest with the staff liaison
• Disclose the conflict of interest to the group, and
• Abstain from the Council discussion debate and vote
Do’s
•Use good judgement and moral conduct if
you identify yourself online as a Board
Member or Commissioner
•Refer people to the City’s website or other
sources of official information or a specific
staff member
•Assume that your speech and activity on
social media reflects upon your position as a
Board Member or Commissioner
•Understand that when using social media,
anything you say or post becomes a
permanent part of the internet
•Expect that anything posted in a public
online forum may be accessed by the City at
any time without notice.
Don’t
•Act as a spokesperson unless assigned that
role by the staff liaison
•Post or disseminate non-public information
•Engage in speech that is false, deceptive,
libelous, slanderous, misleading, obscene,
sexually explicit or expresses a bias
•Assume personal information posted on
social media is protected
Board/Commission Member Handbook 27 | Page
Gifts
• Members may not receive gifts from any “interested person” in conjunction with their BC duties. An
“interested person” could be a business/organization who could benefit from a decision/recommendation
approved by the board or commission.
• BC can recommend acceptance of general gifts through the City’s donation policy.
Respectful Behavior
Members should STRIVE TO:
• Treat people with courtesy, politeness, and kindness
• Encourage others to express their opinions and ideas
• Listen to what others have to say
• Use the ideas of others to improve decisions and
outcomes
• Recognize and respect differences
• Prepare for the issues at hand
• Focus on the business of the body
• Consider only legally germane information in decisions
• Act as a decision maker, not an advocate
Members should AVOID:
• Speaking over or cutting off
another individual’s comments
• Insulting, disparaging, or putting
down people or their ideas
• Bullying other members by
displaying a pattern of belittling,
demeaning, judging or patronizing
comments
• Violence or the threat of violence
will not be
The Chair or the Staff Liaison can call for the removal of any anyone who threatens or commits an act of
violence.
Code of Ethics
• I have been entrusted by the Edina City Council to perform my duties and services as a volunteer Board
or Commission Member in manner that is always in the best interests of the community of Edina.
• While honest differences of opinion may develop, I will work harmoniously with other Board or
Commission members to assure residents the services they require.
• I will invite all residents to express their opinions so I may be properly informed prior to making my
decisions. I will make them based solely upon the facts available to me. I will support the final decision of
the Board or Commission.
• I must devote the time, study and thought necessary to carry out my duties.
• I understand that the Board or Commission members recommend policies, the City Council establishes
policies and the staff is responsible for administering the policies of the City Council.
• I understand that as a Board or Commission Member, I have no authority outside of the proper meeting
of the Board/Commission.
• I understand that all Board/Commission meetings shall be open to the public, except as provided by law.
• I understand that it is my duty as a Board or Commission member to treat all residents, staff and fellow
Board and Commission members in a respectful and professional manner at all times.
• I will withdraw from discussions and decision-making actions in cases where I have a conflict of interest
and I will disclose those conflicts of interest when they arise.
Board/Commission Member Handbook 28 | Page
Novus Boardview
Packets are created electronically by each Board and Commission’s staff liaison. Liaisons complete packets
three business days prior to the regular scheduled meeting. Members are asked to review meeting packets in
advance using the Novus Boardview Portal.
URL: Edina.novusagenda.com/boardweb
Username: first letter of first name and full last name
Password: New Members should receive a password reset email that is active for only 24 hours.
Contact MJ Lamon, if you have questions or forgot your password.
952-826-0360
mlamon@edinamn.gov
Date: May 9, 2023 Agenda Item #: VI I.A.
To:Heritage P reservation C ommission Item Type:
R eport and R ecommendation
F rom:Emily Bodeker, As s is tant C ity P lanner
Item Activity:
Subject:C O A: 4904 Arden Avenue Ac tion
C ITY O F E D IN A
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Approve the certificate of appropriateness for an addition associated with a remodel at 4904 Arden Avenue as
presented.
I N TR O D U C TI O N:
T he subject property, 4904 Arden Avenue, is located on the west side of Arden Avenue, south of Country C lub
R oad and north of 50th S treet west. T he existing home on the property was built in 1945, outside the period of
significance, and has been altered from its original appearance. T he house style is classified as a Ranch style, a
common mid century modern house type, but not considered a historically important style when the Country C lub
District was listed in the National R egister of Historic P laces in 1982.
AT TAC HME N T S:
Description
Applicant Submittal
Staff Report
Consultant Vogel Memo
Aerial Map
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A1
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTION#43503
LICENSE NO.
Wayne W. Preuhs
DATE
MARCH 22, 2023
Minnetonka, Minnesota 55345
Phone (952) 474-7964
17917 Highway No. 7
Web: www.advsur.com
Advance
Surveying & Engineering, Co.
SHEET TITLE
PROPOSED SURVEY
230272 JR
DRAWING NUMBER
DATE DRAFTED:
DATE SURVEYED:NOVEMBER 2, 2022
MARCH 22, 2023
S1
SHEET NO.
SHEET 1 OF 1
DRAWING ORIENTATION & SCALE
20'10'0
RICA ENRIQUEZ
4904 ARDEN AVE.
CLIENT/JOB ADDRESS
EDINA, MN
SHEET SIZE: 11 X 17
LEGAL DESCRIPTION:
Lot 3, Block 12, Country Club District Fairway Section, Hennepin County, Minnesota.
SCOPE OF WORK & LIMITATIONS:
1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include
determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal
counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the
survey have been shown.
2.Showing the location of observed existing improvements we deem necessary for the survey.
3.Setting survey markers or verifying existing survey markers to establish the corners of the property.
4.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building.
5.Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may
have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction.
6.Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark
for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey.
Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before
beginning construction.
7.This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances
that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other
than the ones shown hereon.
8.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the
builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before
construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this
community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements
and obtain their approvals before beginning construction or planning improvements to the property.
STANDARD SYMBOLS & CONVENTIONS:
"●" Denotes iron survey marker, found, unless otherwise noted.
EXISTING BUILDING COVERAGE
HOUSE 1,546 SQ. FT.
DECK 383 SQ. FT.
DECK CREDIT -150 SQ. FT.
TOTAL EXISTING COVERAGE 1,779 SQ. FT.
AREA OF LOT 6,864 SQ. FT.
BUILDING COVERAGE 25.9%
EXISTING HARDCOVER
HOUSE 1,546 SQ. FT.
DRIVEWAY & WALKS 994 SQ. FT.
PAVERS/PLAYHOUSE 63 SQ. FT.
DECK 383 SQ. FT.
CONCRETE WALL 43 SQ. FT.
TOTAL EXISTING HARDCOVER 3,029 SQ. FT.
AREA OF LOT 6,864 SQ. FT.
LOT COVERAGE 44.1%
PROPOSED BUILDING COVERAGE
HOUSE 1,750 SQ. FT.
FRONT STOOP 14 SQ. FT.
TOTAL PROPOSED COVERAGE 1,764 SQ. FT.
AREA OF LOT 6,864 SQ. FT.
BUILDING COVERAGE 25.7%
PROPOSED HARDCOVER
HOUSE 1,750 SQ. FT.
FRONT STOOP 64 SQ. FT.
DRIVEWAY & WALKS 865 SQ. FT.
PAVERS/PLAYHOUSE 63 SQ. FT.
REAR PATIO/STEPS 205 SQ. FT.
CONCRETE WALL 43 SQ. FT.
TOTAL PROPOSED HARDCOVER 2,990 SQ. FT.
AREA OF LOT 6,864 SQ. FT.
LOT COVERAGE 43.6%
1 SITE PLAN - EXISTING SURVEY
A1
LAMPERSKI-ENRIQUEZ HOME
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A2
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONREMOVE ROOF
REMOVE
WINDOW
REMOVE
WINDOW
REMOVE ROOF
REMOVE WALL
62.25 S.F.
REMOVE GARAGE DOOR
REMOVE WALL
56 S.F.
REMOVE WALL
61.36 S.F.
2 NORTH ELEVATION - EXISTING
A2 0 2'4'8'
1 EAST ELEVATION - EXISTING
A2 0 2'4'8'
862.5 S.F. EXISTING WALL
486.25 S.F. EXISTING WALL - 179.61 S.F. TO BE REMOVED
EXISTING EXTERIOR WALL TOTAL = 2815.25 S.F.
EXISTING EXTERIOR WALL TO BE REMOVED = 287.61 S.F.
PERCENTAGE OF EXISTING EXTERIOR WALL REMOVED = 10.22%
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A3
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONREMOVE ROOF
REMOVE
WINDOW REMOVE DOOR
REMOVE
WINDOW/BAY
REMOVE
WINDOW
REMOVE
WINDOWREMOVE WALL
108 S.F.
REMOVE TRELLIS
REMOVE
WINDOW
REMOVE
WINDOW
REMOVE
WINDOW
REMOVE
DOOR
REMOVE
WINDOW/BAY
REMOVE DECK
2 SOUTH ELEVATION - EXISTING
A3 0 2'4'8'
1 WEST ELEVATION - EXISTING
A3 0 2'4'8'
862.5 S.F. EXISTING WALL - 108 S.F. TO BE REMOVED
604 S.F. EXISTING WALL
EXISTING EXTERIOR WALL TOTAL = 2815.25 S.F.
EXISTING EXTERIOR WALL TO BE REMOVED = 287.61 S.F.
PERCENTAGE OF EXISTING EXTERIOR WALL REMOVED = 10.22%
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A4
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONDW
F
REMOVE WALLS
REMOVE WALLS
REMOVE POSTS
REMOVE WALLS
REMOVE REMOVE
REMOVE EXISTING
WINDOWS AND DOORS
REMOVE CABINETS,
FIXTURES, AND
APPLIANCES
REMOVE STOOP
REMOVE WINDOW
REMOVE WALK
REMOVE WINDOW
REMOVE FIXTURES
REMOVE TRELLIS
REMOVE DECK
REMOVE WALLS
REMOVE WALLS REMOVE WALL
REMOVE GARAGE DOOR
1 MAIN LEVEL - EXISTING
A4 0 2'4'8'
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A5
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONREMOVE WALLS
REMOVE
CLOSETS
REMOVE
DOOR
REMOVE FLAT ROOF
REMOVE
FIXTURES
AND FLOOR
REMOVE
SHOWER
1 UPPER LEVEL - EXISTING
A5 0 2'4'8'
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A6
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTION22'-0"2 NORTH ELEVATION
A6 0 2'4'8'
1 EAST ELEVATION
A6 0 2'4'8'
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A7
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTION2 SOUTH ELEVATION
A7 0 2'4'8'
1 WEST ELEVATION
A7 0 2'4'8'
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A8
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONDWREFRIGERATOR
PANTRY
PR 20
PR 30 26PR 19PR 2028SHELVES30
BENCH & LOCKERS
OFFICE
3/4 BATH
ENTRY
EXISTING GARAGE
LIVING/DINING
KITCHEN/EATING
EXISTING O.H.
STOOP
3R
DN
3R
DNNEW GARAGE DOOR42"X42"
SHOWER 261 MAIN LEVEL PLAN
A8 0 2'4'8'
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A9
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONDRYERWASH26 POCKETBEDROOM #3 BEDROOM #2
BEDROOM #4
24LAUNDRY
LINEN CABINET26BATH
WET ROOM
3X5 TUB
36"X42"
SHOWER
BATH
OFFICE
SHELVES
DESKCLOSET
COUPLE'S BEDROOM
'BARN' DOOR
24
26
42" H WALL
1 UPPER LEVEL PLAN
A9 0 2'4'8'
04/11/23 HPC SUBMISSION
M I N N E A P O L I S
T 612.379.3037
F 612.379.0001
326 E HENNEPIN AVE #200
MINNEAPOLIS, MN 55414
SALA ARCHITECTS
SALAARC.COM
SHEET NO.
PROJECT NUMBER
DRAWN BY
DATE
File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed:
4/11/23
22067
PAUL HANNAN, AIA
JESSICA KENNEALLY, AIA
A10
DESCRIPTION
PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these
drawings. Should dimensions be required beyond those provided,
please contact the architect.
These documents are instruments of service and as such remain the
property of SALA Architects. Use or publication requires the written
approval from SALA Architects.NOT FOR CONSTRUCTIONDASHED LINE OF EXG. ROOF
EXG ROOF NEW ROOF
NEW ROOF
NEW ROOF
1 ROOF PLAN
A10 0 2'4'8'
May 9, 2023
Heritage Preservation Commission
Emily Bodeker, Assistant City Planner
Certificate of Appropriateness: 4904 Arden Avenue-Changes to Street Facing Facade
Information / Background:
The subject property, 4904 Arden Avenue, is located on the west side of Arden Avenue, south of
Country Club Road and north of 50th Street west. The existing home on the property was built in
1945, outside the period of significance, and has been altered from its original appearance. The
house style is classified as a Ranch style, a common mid century modern house type, but not
considered a historically important style when the Country Club District was listed in the National
Register of Historic Places in 1982.
The Certificate of Appropriateness request includes a change to the street facing façade by
constructing small second and first floor additions. Replacing the existing windows and siding is also
planned with the project.
Primary Issues:
The proposed changes to the street facing façade is why the proposed project requires a
Certificate of Appropriateness.
The objective of the Country Club Landmark District is preservation of the existing historic house
facades and streetscapes. This has not been interpreted as preserving the existing facades of homes
exactly as they are today. The updates made should be appropriate to the context of the
neighborhood. The city has adopted the Secretary of the Interior’s standards for rehabilitation
when reviewing certificate of appropriateness applications.
Staff believes the following standards of rehabilitation are pertinent to the review of the certificate
of appropriateness:
STAFF REPORT Page 2
Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
Most properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
New additions, exterior alterations, or related new construction shall not destroy historical
materials that characterize the property. The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired.
Preservation Consultant Vogel reviewed the application and has written a memo that is attached in
the heritage preservation commission packet.
Staff Recommendation & Findings:
Staff concurs with Consultant Vogel’s evaluation of the proposed plans at 4904 Arden, also
recommending approval of the Certificate of Appropriateness request.
Findings supporting the recommendation include:
The subject property is not considered a preservation resource because it was built in 1945,
outside the period of significance in the district.
The ranch style is not considered a contributing historic property type in the country club
district.
The information provided supporting the subject Certificate of Appropriateness is consistent
with the Country Club District Plan of Treatment.
The proposed Certificate of Appropriateness meets the Secretary of the Interior’s standards
for rehabilitation.
Conditions for approval:
All roofs, exterior walls, doors, and windows are required to be kept weather tight through the
construction process. This is to protect the integrity of the structure.
MEMORANDUM
TO: Emily Bodeker
FROM: Robert Vogel
SUBJECT: COA Application for 4904 Arden Avenue
DATE: April 29, 2023
I have reviewed the COA application submitted for alteration of the house located at 4904 Arden
Avenue in the Country Club District. The applicant proposes to alter the property’s street façade
by constructing a small second-story addition above the existing attached garage. Replacement
of the windows and exterior siding is also planned.
According to city building permit and tax assessment records, the existing house was built in
1945 and has been altered from its original appearance. For preservation planning purposes, it
has been architecturally classified as an example of the Ranch style, a common “Mid-Century
Modern” house type; it was not considered historically important when the Country Club District
was listed in the National Register of Historic Places in 1982 and was never assigned a heritage
preservation resource inventory number by the Minnesota SHPO. A re-survey of the district
carried out in 2007 under the auspices of the Edina Heritage Preservation Board evaluated the
subject property as a non-contributing resource because of its “minimal historic integrity.”
I recommend approval of the COA without conditions. The house at 4904 Arden Avenue should
not be considered a heritage preservation resource because:
1) The year-built date of 1945 falls outside the district’s period of historical significance
(1924-1944);
2) Its historical association with the district’s original plan of development and the
architectural controls imposed by Thorpe Bros. Realty is not documented; and
3) The Ranch style is not a contributing historic property type in the Country Club District.
Based on the plans presented, the proposed remodeling will not result in the loss of historically
significant architectural features and the historic character of the streetscape will be retained.
The Secretary of the Interior’s standards for rehabilitation (the required basis for design review
and compliance decisions) apply to non-historic buildings within historic districts. The
standards, which are neither technical nor prescriptive, emphasize compatibility with historic
architecture and do not discourage contemporary (modern) design so long as the new work does
not destroy significant historic preservation resources. Therefore, the proposed remodeling at
4904 Arden Avenue appears to comply with the standards for rehabilitation.
Date: May 9, 2023 Agenda Item #: I X.A.
To:Heritage P reservation C ommission Item Type:
F rom:Emily Bodeker, As s is tant C ity P lanner
Item Activity:
Subject:April 11, 2023 Meeting F ollow Up
C ITY O F E D IN A
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
I N TR O D U C TI O N:
T he City Attorney will be in attendance to answer questions.
AT TAC HME N T S:
Description
Memo from City Attorney
MN State Law-471.193 Municipal Heritage Preservation
226168v1
M E M O R A N D U M
TO: EMILY BODEKER
FROM: DAVE KENDALL AND JACK BROOKSBANK, CITY ATTORNEYS
DATE: MAY 4, 2023
RE: HPC PLAN OF TREATMENT ADOPTION AND MERA CONCERNS
The Heritage Preservation Commission (HPC) fielded two recent concerns. First, a data
practices act request raised a question about the validity of the current plan of treatment (design
guidelines) for the county club district. Specifically, there was a question about whether in order
to be valid, the plan of treatment must have been passed by ordinance rather than by resolution of
the City Council. Second, there was a concern about the potential for an action under the Minnesota
Environmental Rights Act (MERA) and whether individual members of the HPC could be sued
for a violation of MERA based on their votes on questions before the HPC.
In response to the first question, there is no legal requirement under State law or local
ordinance that design guidelines such as a plan of treatment must be passed by ordinance, and state
resources and common practice allow design guidelines including a plan of treatment to be adopted
by resolution. In response to the second question, MERA does define “natural resource” to include
historic resources and MERA authorizes citizen suits to prevent actions that either violate
environmental laws or would have a materially adverse impact on a historic resource. However,
MERA does not prohibit any impact to historic resources, it prohibits only material adverse
impacts. Further, the sole remedy under MERA is injunctive relief. MERA does not allow for
monetary damages. A successful MERA action might result in a court order enjoining the City’s
approval of an action. Individual members of the HPC are not exposed to any personal liability
by virtue of the fact that they serve on the HPC. The City as a whole could be exposed to liability
to comply with injunctive relief. In this case the City would simply have to revisit its ruling on the
issue in question. The City is not exposed to monetary damages.
I. Adoption by Resolution
There has been discussion about whether the plan of treatment for the County Club district
may be or should be minimized or disregarded because it was adopted by resolution rather than by
ordinance. The adoption of the plan of treatment by resolution was valid. There no legal
requirement that a plan of treatment, which a form of Design Guideline, must be adopted via
ordinance rather than resolution. The governing statute states that the “powers and duties of [the
HPC] may include any power possessed by the political subdivision creating the commission, but
shall be those delegated or assigned by the ordinance establishing the commission.” Minn. Stat.
§ 471.193, subd. 3. The HPC has only those powers delegated to it by the City Council.
Specifically, the City Council may choose to delegate the authority to adopt “rules governing
construction, alteration, demolition, and use, including the review of building permits, and the
adoption of other measures appropriate for the preservation, protection, and perpetuation of
designated properties and areas.” Id. State law generally allows a city council to either adopt
Design Guidelines itself or delegate that power to a historic preservation board or commission.
226168v1
If the council delegates the power to create Design Guidelines to a board or commission,
Minn. Stat. § 471.193 allows that board or commission to adopt rules governing construction,
alteration, demolition of historic resources, including a “plan of treatment”. This statute does not
say that the Council must adopt the plan of treatment by ordinance. Rather, it allows the board or
commission to adopt the document if the council has delegated that authority. But if the Council
delegates that power, the plan of treatment could only be adopted by resolution, because a board
or commission lacks the authority to pass ordinances. It therefore cannot be that State law requires
the Council to pass an ordinance adopting the Design Guidelines such as plan of treatment.
Specifically in Edina, City Code 36-715 requires the City Planner to submit a proposed
plan of treatment to the Edina City Council. This suggests that in Edina, the Council has not
delegated the power to adopt the plan of treatment to the HPC. The Council should therefore adopt
the plan of treatment. But this does not mean it must be adopted by ordinance. A plan of treatment
could be adopted by the Council by resolution or by ordinance. We find no authority saying that
the Plan of treatment must be adopted by ordinance or else be invalid.
Official materials provided by the State of Minnesota reinforce this conclusion. The
Statewide Training Guide for Heritage Preservation Commissioners and other State of Minnesota
materials also say that Design Guidelines may be adopted by Resolution. The Statewide Training
Guide says Design Guidelines are typically adopted by resolution (not ordinance). The Statewide
Training Guide, page 95 states that while “basic guidelines may be included in the code itself,”
design guidelines are “usually a separate document from the ordinance.” Further, the Guide
provides that “[g]uidelines typically are adopted by resolution of the governing body.” Id.
(emphasis added).
The State of Minnesota also provides a model ordinance establishing a Heritage
Preservation Commission. This model ordinance does not incorporate the Design Guidelines into
the Ordinance. These materials further emphasize that cities are not required to adopt a plan of
treatment, or other Design Guidelines, by ordinance.
The current initiative by the City to review and revise the ordinance governing historic
preservation and the plan of treatment (Design Guidelines) governing the County Club district is
not in order to remedy any violation of Minnesota law, nor is it any admission of “wrongdoing”
on the part of the City. Rather, it is an attempt to resolve any conflicts or confusion or ambiguity
between the standards in the Plan of treatment and the requirements of City Code. Our
understanding is that even after completion of this this initiative and adoption of any recommended
changes by the City Council, the Design Guidelines (plan of treatment) will still be a separate
document from City Code and will not be incorporated into City Code. This is fully permissible
under Minnesota law.
II. MERA
There have also been concerns expressed about potential citizen suits against the HPC
under the Minnesota Environmental Rights Act (MERA). The concern is that if the HPC approves
an action impacting the historic character of a building or district, a concerned citizen could sue
the HPC claiming that the action is improper under state law or local ordinances. This would not
result in any liability on the part of members of the HPC.
226168v1
MERA does allow for civil suits by concerned citizens to protect the environment.
Although environmental laws are often enforceable by criminal charges, such charges may only
be brought by public prosecutors in the exercise of prosecutorial discretion. MERA was passed to
provide an avenue for private citizen enforcement.
As such, MERA provides for a limited private action. Under MERA, any person may bring
a lawsuit challenging an action and alleging that the action will pollute, impair, or destroy a
protected natural resource. If successful, MERA authorizes “declaratory or equitable relief.” Minn.
Stat. § 116B.03, subd. 1; Minn. Stat. § 116B.07. MERA also contains no attorney’s fees
provisions. Thus, MERA is an avenue for a private party to seek a court order overturning an
action. MERA does not provide for monetary damages or liability. It would not be permissible for
a plaintiff to name individual members of the HPC as defendants in a MERA lawsuit in their
personal capacities or even in their capacities as HPC members. The lawsuit would be framed as
being against the individual property owner who planned to tear down the historic building. The
City as a whole might also be named depending on the nature of the claim. If a MERA lawsuit
attempted to name individual members of the HPC, the City would defend those members and
move for dismissal of any claims against them in their individual capacity, and that motion would
granted.
To state a claim under MERA, the plaintiff must allege either 1) the action will violate a
state or local environmental law, or 2) the action will have a materially adverse impact on a
protectable natural resource. State v. Minneapolis Park & Rec. Bd., 673 N.W.2d 169, 175 (Minn.
Ct. App. 2003). MERA defines “natural resource” to include “historical resources.” Minn. Stat.
§ 116B.02, subd. 4. Although manmade structures are not typically thought of as “natural
resources,” they can qualify for protection under MERA.
MERA has its own test for what is a protected historic resource. This test relies on the
factors for inclusion in the National Register of Historic Places. State by Powderly v. Erickson,
285 N.W.2d 84, 88 (Minn. 1979). The focus is on structures and buildings; the role or use of a
historic resource is not protected under MERA. Stansell v. City of Northfield, 618 N.W.2d 814,
819 (Minn. Ct. App. 2000) (holding that economic vitality of a historic business district is not a
protectable resource under MERA). Minnesota courts also apply a flexible analysis to what
constitutes a material adverse impact on historic resources. See State by Schaller v. County of Blue
Earth, 563 N.W.2d 260, 267 (Minn. 1997).
Although not clearly delineated, establishing a protected resource or a material adverse
impact under MERA is a very high threshold. Thus a bathhouse partially designed by a prominent
local architect and built in the 1930s was not a protectable resource under MERA. State by
Rochester Historic Pres. Comm. v. City of Rochester, C6-97-139, 1997 Minn. App. LEXIS 1003,
at *3 (Minn. Ct. App. 1997). Although the bathhouse was old and was part of a historic park
complex, it was not connected with any specific historical events or persons and contained no
important historical information. Id. Similarly, a plan to demolish a historic building and build a
new building in its place was not a material adverse impact because the developer would save and
reconstruct the historic interior forum, which was the primary historic value of the building. SST,
Inc. v. Minneapolis, 288 N.W.2d 225, 228 (Minn. 1979). The court in SST specifically emphasized
that “MERA does not prescribe elaborate standards,” but instead allows flexibility “where the
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utility of a defendant's conduct which interferes with natural resources is weighed against the
gravity of harm to the building resulting from such interference.” Id.
Even where a plaintiff establishes a prima fascia case that an action will have a material
adverse impact on a protectable resource, a court is not guaranteed to halt the action. It is an
affirmative defense under MERA that there is no “feasible and prudent alternative” to the proposed
action. Minn. Stat. § 116B.04(b). “Economic considerations alone shall not constitute a defense.”
Minn. Stat. § 116B.04(b). But courts may consider the individual facts of a case and the purpose
of the proposed action. For example, in Friends of the Riverfront v. DeLaSalle High Sch., Nos.
A06-2222, A07-944, 2007 Minn. App. Unpub. LEXIS 1118, at *15 (Nov. 20, 2007), the defendant
school was building a football field adjacent to its building that impacted historic resources.
Although there were alternatives to the project that would allow for a non-adjacent football field,
the court held that it was a defense to MERA that there was no alternative for the specific proposed
project: a field adjacent to the school building.
Finally, when a court grants an initial temporary injunction it may require the plaintiff to
post a bond “sufficient to indemnify the defendant for damages suffered because of the
temporary relief.” Minn. Stat. § 116B.07. For delays to major construction projects, this can
amount to a substantial sum of money. For example, in a MERA lawsuit to prevent the
demolition of an old church building in St. Paul, the court granted a preliminary injunction
contingent on the plaintiff posting a bond for approximately $1.9 million. When the plaintiff
failed to post the bond, the injunction was not imposed and the church was demolished.
Because MERA does not authorize monetary damages, the demolition made the MERA claims
moot and the lawsuit was dismissed.
III. Change to Process
I understand the HPC is considering requesting a change in process where the HPC will
take over review of functions typically carried out by City staff with respect to processing
applications for certificates of appropriateness for building permits. To the extent this proposal
is based upon concerns that individual members of the HPC could be charged with a crime for
carrying out their duties, or named as individual defendants in a MERA action, those concerns
are unfounded. There is no exposure to liability on this basis and therefore no need to change
the process on this basis.
Additionally, this is not the way that applications have been processed in the past and
not the way that the City Council’s delegation of authority to the HPC has been understood
and applied in the past. I understand that Edina’s current historic preservation ordinance and
the plan of treatment for the County Club District have been in place since 2007, and no
problems have resulted from the current process utilized by the HPC. There has been one
lawsuit filed against the City, and the City prevailed in that lawsuit with all claims against the
City being summarily dismissed on a motion for Summary Judgment. I do not recommend
that the HPC deviate from the process it has utilized successfully since 2007. There may be
changes that result to the process following the review and adoption by the City Council of the
new proposed ordinance and plan of treatment or design guidelines. It would be confusing
and unwise to implement changes prior to that.
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The plan of treatment for the County Club District was adopted in legally permissible
fashion. The HPC must apply this plan of treatment to the Country Club District to the best of
the HPC’s ability, unless and until the City Council adopts changes to the plan of treatment.
Members of the HPC do not face any exposure to individual liability by virtue of their service
on the HPC. An individual who received a permit from the City could be temporarily enjoined
from carrying out that permit if the plaintiff in a MERA action posted a bond to cover the
permit-holder’s damages resulting from the injunction. The City would not be subject to
monetary damages and individual members of the HPC would not be subject to liability.
Please give me a call if you have any questions on these issues.
Date: May 9, 2023 Agenda Item #: I X.B.
To:Heritage P reservation C ommission Item Type:
O ther
F rom:Emily Bodeker, As s is tant C ity P lanner
Item Activity:
Subject:Human S ervices Task F orc e Volunteer Disc ussion
C ITY O F E D IN A
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
A C TI O N R EQ U ES TED:
Decide who will be the volunteer for the Human Services Task Force.
I N TR O D U C TI O N:
S taff has received interest from multiple commissioners wanting to volunteer for the Human Services Task
F orce.