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HomeMy WebLinkAbout10A - Resolution Updating Bylaws for Advisory Committees MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT AUGUST 18, 2008 10A JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR CONSIDER APPROVAL OF A RESOLUTION UPDATING THE BYLAWS FOR THE CITY COUNCIL, COMMUNICATIONS AND TECHNOLOGY ADVISORY COMMITTEE, THE COMMUNITY SAFETY ADVISORY COMMITTEE, THE LAKES ADVISORY COMMITTEE (LAC), THE PARKS ADVISORY COMMITTEE (PAC) AND THE PLANNING COMMISSION. Introduction The purpose of this agenda report is to consider amendments to the City Council bylaws, as well as bylaws for the Communications and Technology Advisory Committee, the Community Safety Advisory Committee, the Lakes Advisory Committee (LAC), the Parks Advisory Committee (PAC) and the Planning Commission. Historv Over the last several months, staff has been working on updates to City bylaws. The purpose of this update is to ensure consistency between committees and to include a code of ethics in the bylaws. The proposed changes to the various bylaws were considered by the LAC, the PAC and the Planning Commission at regular meetings in May and June. The City Council's Bylaws and Compensation subcommittee considered the changes on July 30, 2008. Current Circumstances In many cases, the changes are relatively minor, consisting of typographical corrections, minor updates, and format changes. There are two major changes. The first, in all cases, is the addition of a code of ethics to the bylaws. The proposed code of ethics lays out the purpose of the code or ethics and defines the conduct regulated by the code of ethics, including: . Conflicts of interest; . Gifts and special considerations; . Nepotism and patronage; . Misuse of official position; . Misuse of City property; . Disclosure of confidential or private information; and . Outside employment. The code also includes practices and procedures to avoid unethical conduct, including recusal from acting on decisions where the Council, Commission or Committee member has a disqualifying conflict of interest, a duty to report ethical www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 violations, and an enforcement procedure. Finally, the code requires City Council, Lakes Advisory Committee, Parks Advisory Committee and Planning Commission members to submit an annual disclosure statement that includes: . The location of any real property in the City of Prior Lake or within one mile of the boundary of the City of Prior Lake in which the person disclosing, or his or her relative, has a financial interest, and the type of financial interest; . The name, nature, type of entity, and the relationship to any business or employer to which the public official or applicant for appointment receives any type of benefit; and . The names and addresses of all relatives employed by the City as employees, contractors, consultants, including relatives who work for or are subcontractors or contractors or consultants. State statutes govern financial and other reporting requirements for City Council members or other individuals running for office. The second change is an increase in them limits to nine years for all advisory bodies rather than nine years for the Planning Commission and six years for all others. This change eliminates impact on existing Park Advisory Committee and Lakes Advisory Committee members if they desire to be reappointed. The proposed code of ethics is the same for the City Council and all appointed committees. The specific changes for each set of bylaws are discussed in the following paragraphs. City Council: The only substantive change to the City Council bylaws is the addition of the code of ethics. There are some other minor additions or corrections to reflect current technology and practices. I have highlighted Section 207.4 in order to be sure this is the current language for the Public Forum. Communications and Technology Advisory Committee: There are three changes to these bylaws. The first is a name change from Communications Advisory Committee to Communications and Technology Advisory Committee. This change is also reflected in the duties of the Committee. The second change is the addition of the code of ethics. Lastly, these bylaws have been reformatted so the numbering system and the look of the bylaws are consistent with the City Council and other bylaws. Community Safety Advisory Committee: These bylaws are new, created in response to the Council's recent decision to form the Community Safety Advisory Committee. The formal and general content is consistent with the other City bylaws. You will notice several blanks. These are issues yet to be determined, such as number of members, specific duties, and staff liaisons. Lakes Advisory Committee: The major changes here include the addition of the code of ethics and the format change. The Lakes Advisory Committee has also added the duty of conducting required public hearings for the Storm Water Pollution Prevention Plan. In response to this we have added Section 406, which lays out the format for public hearings. Parks Advisory Committee: The changes to these bylaws include the addition of the code of ethics and a format change. No other changes are proposed. Planning Commission: The changes to these bylaws include the addition of the code of ethics and a format change. There are also some minor name changes and additions. No other changes are proposed. ISSUES: The disclosure section of the Code of Ethics was originally much broader than in the current version of the bylaws. On the recommendation of the Bylaws and Compensation subcommittee and the City Attorney, this section was narrowed to apply to the City Council, the Lakes Advisory Committee, the Park Advisory Committee and the Planning Commission. The changes would become effective upon passage. FINANCIAL IMPACT: There is no financial impact to the City as a result of these changes. ALTERNATIVES: 1. Adopt a resolution approving the amendments to the bylaws as written or with changes recommended by the City Council. 2. Defer this item and provide staff with further direction. RECOMMENDED MOTION: ReVieW~{:J ~\ Frank Boyles, City A motion and second adopting a resolution approving the amendments to the bYlaW? as written or with changes recommended by the City Council. ..... RESOLUTION 08-xxx A RESOLUTION UPDATING THE BYLAWS FOR THE CITY COUNCIL, COMMUNICATIONS AND TECHNOLOGY ADVISORY COMMITTEE, THE COMMUNITY SAFETY ADVISORY COMMITTEE, THE LAKES ADVISORY COMMITTEE (LAC), THE PARKS ADVISORY COMMITTEE (PAC) AND THE PLANNING COMMISSION. Motion By: Second By: WHEREAS, The City Council adopts a set of bylaws to provide a set of operating procedures for the City Council, the Communications and Technology Advisory Committee, the Community Safety Advisory Committee, the Lakes Advisory Committee (LAC), the Parks Advisory Committee (PAC) and the Planning Commission; and WHEREAS, The bylaws are updated on a regular basis to reflect changing conditions; and WHEREAS, The current updates include a code of ethics and a change in term limits. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the amendments to the bylaws. PASSED AND ADOPTED THIS 18TH DAY OF AUGUST, 2008. YES NO I Haugen I Erickson I Hedberg LeMair Millar Haugen Erickson Hedberg LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245