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HomeMy WebLinkAbout8E - Restructure Advisory Commi CITY COUNCIL AGENDA REPORT II ~'I- 'IIVNESO ING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: JUNE 7, 1999 8E BRET WOODSON, ASSISTANT CITY MANAGER CONSIDER APPROVAL OF ADVISORY COMMITTEE APPOINTMENT SCHEDULE, REAFFIRMING EXISTING MEMBERS TERMS & TERM LIMITS, AND AMENDING COMMITTEE BYLAWS DISCUSSION: Historv At the 1999 Annual City Council Workshop the City Council discussed the role of advisory committees, including the length of terms and the amount of terms a person could serve consecutively. The eventual decision, which was approved at the February 16, 1999 City Council meeting, creates three year terms for all advisory committees (Planning Commission (PC), Parks Advisory Committee (PAC), and Lake Advisory Committee(LAC)). The term limits for the PAC and the LAC are six years (two terms). The term limit for the PC is nine years (three terms). On May 3, 1999 the City Council directed staff to bring back for Council consideration an implementation schedule to initiate a new appointment schedule that would fill all committee appointments at one time. Current Circumstances The City Council currently fills vacancies on the PC in July, the PAC in September, and the LAC in October. The following procedures are used to fill vacancies to these committees (as listed in the City Council Bylaws): 1. Notice is made public and interested individuals may be contacted and encouraged to apply. 2. The City Manager and the City Council Liaison to that particular committee, along with the committee chair shall interview all candidates and make a recommendation to the full City Council. 3. The Council member who is the liaison to the body shall present the recommendation to the City Council and the Council may accept or reject the recommendation. If the City Council rejects the recommendation, they shall appoint someone else or decide to reopen the vacancy to the public seeking new individuals. Due to the above mentioned changes in terms and term limits, plus the inconsistency in dates when appointments are made, staff feels it would be appropriate to bring some consistency and structure to this process. 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 I Ph. (612) 447-4230 I Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Staff proposes to advertise and fill all vacancies at one time in early fall with City Council approval sometime in October. The effective date for all appointments would then be November 1 of each year. If a committee seat becomes open during a term, the seat will be filled using the same advertising and interview process. That individual will serve the reminder of the vacant term unless decided otherwise by the City Council at that time. ISSUES: If we are going to move to this type of system it is important to insure both committee stability, as well as the ability to solicit new members with new ideas. In other words, we would not want to replace all 7 LAC members in one year. Therefore, for us to begin this process we have put together a new chart that indicates when all of our existing members were appointed, when their term expires, and when their term limit comes to an end: In order to do this, and still keep the above issues in mind, some committee members current terms and term limits have been reduced, and in some cases extended to get us on a good starting point to move forward (please see attached list). This proposal has been discussed with each of the advisory committee members whose terms were altered and there were no objections or disagreements. The following schedule identifies, for the next eight years, how many members on each advisory body would be up for reappointment I replacement: APPOINTMENT SCHEDULE DATE PC PAC LAC TOTAL 10/99 2 3 2 7 10100 3 1 2 6 10101 0 3 3 6 10102 2 3 2 7 10103 3 1 2 6 1 0104 0 3 3 6 10105 2 3 2 7 1 0106 3 1 2 6 In order to make the schedule work. The following adjustments need to be made to existing committee member terms and term limits. Planning Commission - Mark Cramer's existing term is due to expire 7/99. This proposal would extend his term to 10/30100 which would make it a 3 year term, which is consistent with current Council policy. Then 2 commissioner seats would be open in 99 (Criego and Vonhof) and 3 would be open in 2000 (Stamson, Kuykendall, and Cramer). The term limits, as listed in the attached table, would be 9 years for Kuykendall, Vonhof, & Cramer, and 10 years for Criego and Stamson. Thereafter, appointments will be on the 9 year term limit plan. Park Advisory Committee - The City Council, on November 3, 1997, extended the term limits for 4 current PAC members (Ceminsky, Heaney, Rykken, and Smith), They will expire 10/30101. The three ALTERNATIVES: RECOMMENDED MOTION: REVIEWED BY: other seats held by Fluhrer, Reddinger, and Schutz would be up for appointment in 1999. They will each have completed a 3 year term. Under this plan, each of the three would be eligible for one more three year term which, if re-appointed, would make the total service 6 years for Fluhrer & Schutz and 7 years for Reddinger. Thereafter, appointments will be on the 6 year term limit plan. On Monday, May 10th, Bob Rykken resigned from the PAC. His term was due to expire in 2001. This proposal would change the expiration date for the term to be 2000. Therefore, we will begin the process to fill this vacancy immediately with the new appointee serving out the remainder of this term which would end 10/30100. Lake Advisory Committee - Kate Haggerty and Paul Trapp's existing terms are due to expire 10/99. This proposal would extend their term to 10/30100, which would also make it a 3 year term. We would still have 2 LAC seats open'in 1999 (Kearney & Warner). These members have served for 4 years each and would be eligible under this proposal for one more 3 year term. Then in 2000, Kate Haggerty & Paul Trapp's seats would be open for appointment. The 3 remaining seats, occupied by Breitbach, Larson, and Soderstrom would be up for appointment in 2001 which would be 3 year terms for each of them. The term limits as listed in the attached table would be 7 years for Kearney, Warner, Breitbach, & Larson, and 6 years for Haggerty, Trapp, & Soderstrom. While it may seem confusing now the above outlined plan and the proposed changes will greatly simplify our committee structure and re- appointment process and, we hope, will increase the number of candidates seeking to serve on committees. The Bylaws for each of these committees also need to be updated to incorporate the change in date of appointments to November 1 - October 31. These changes have been made and are attached to this report. (1) Approve the Advisory Committee Appointment Schedule, including re-affirming existing members terms & term limits as listed in the attached schedule, and amending committee bylaws. (2) Amend the Schedule as desired by Council. (3) Table this issue and provide direction to staff. CITY OF PRIOR LAKE ADVISORY COMMITTEE MEMBERS As approved by the City Council on June 7,1999 PLANNING COMMISSION William Criego " ' 6/95 10130/99 10/30105 3/94 10/30/02 "," 10/93 '::'< ,>''',:\, ,,:" "~,,'> , ,Anthony$tamso 6/96 10/30/06 10/30103 >:i"':" :\, , 7/97 10/30100 10/30105 PARKS ADVISORY COMMITTEE Curreul :\lemlll'r "' : Thea Flunrer,. , p '" ' "(I Datl' A I lointed Current Term Ex lires 10/3.0199 'i"" Term Limit 1/96 10/30/02 " :",,; ", ':,',"'<";-" . P' P ,. , ,.. '" , '" Tom Reddinger ' 4/95 1/96 '\ 10/30/02 10/30102 N/A 10/30/06 9/89 10/30/0 I 9/89 10/3010 I 10/3010 I 10/3010 I " Ron Ceminsky '"" 11/90 , ,-'" " " ,,', ^' '" , ,-- -,'" Pat Heaney; ,. 10/3010 I LAKE ADVISORY COMMITTEE Currl'ut :\Iemher Date Appointed Cnrrent Term Expires Term Limit 4/95 , 10130/99 10/30/99 'f"'<'''' 10/30/02 '" Tom Kearney' 4/95 2/97 10/30100 10/30100 10/30102 2/97 10/30/03 Paul Trapp 10/30/03 , ',,:-" . . " ., '" I,', .1, Marianne Bre.itbach ;' " 10/94 10/3010 I 10/3010 I 10/3010 I 10/94 Doug Larson ", (:.'f'" I 0/3010 I . ;;',', ,-', Roger Soderstrom ". 5/98 10/30101 10/30/04 H:',ACMBRETW'ADVBRET,DOC BYLAWS OF PRIOR LAKE LAKE ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 3, 1995 Amended January 2,1996 Amended February 16, 1999 Amended June 7. 1999 PREAMBLE The Prior Lake Lake Advisory Committee (LAC) was created in November 1991 by an act of the Prior Lake City Council to: (1) research, study and make recommendations to the City Council on the information contained within the report entitled "Water Resource Management - A Guide For Balanced Future", (2) research, study and make recommendations to the City Council on the Lake Review Committee Report Work Program, approved by the City Council on June 17, 1991 and, (3) serve as an advisory body to City staff and City Council on the many lake management related issues being addressed by the various jurisdictions within the watershed. Section A. Section B. Section A. Section B. Section C. Section D. Section E. LACLA W99.DOC ARTICLE 1. NAME Name - The legal name ofthe organization is the "Prior Lake Lake Advisory Committee". Office - The Office of the Prior Lake Lake Advisory Committee is at 16200 Eagle Creek Avenue, S.E. Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Officers - The Officers of the Prior Lake Lake Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or hislber designee shall serve as Secretary of the Committee. Chair - The Chair of the Committee shall be appointed from among its members prior to the fIrst meeting in September, by majority vote of the Lake Advisory Committee. The term of the chair shall begin in September and run for two years. The duties of the Chair include: 1. Review and approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Committee members. 4. Semiannual reponing to the City Council. 5. Representation of the Committee as appropriate. Vice-Chair - The Vice-Chair shall be selected annually by the Committee and shall perform the duties of the Chair in hislber absence. The Vice-Chair shall assume such other duties as assigned by the Chair. Secretarv - The City Manager or hislber designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. Aooointment - The Committee shall consist of seven (7) members, appointed by the Prior Lake City Council for a term of three (3) years from November I to October 31. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve based upon Section F. Section G. Section H. Section 1. LACLA W99.DOC satisfactory attendance and participation, continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. Vacancies - If the office of Chair becomes vacant the Lake Advsiory Committee shaU appoint a replacement as set forth in Article 2, Section B. If the Office of Vice-Chair becomes vacant, the Committee shaU elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shaU appoint a replacement to complete the term. The selection of the Chair or Committee member will be fiUed in accordance with City Council Bylaws. Performance Criteria - Annually the Committee shaU perform a written self-evaluation on the following: 1) Implementation of the Preamble. 2) Achievement of Goals and Objectives. 3) Compliance with Bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Annual personal attendance record of at least 75%. The Committee shaU forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor,and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. Term Limit - It is the policy of the Prior Lake City Council to impose a two term (or 6 year) service limitation for aU appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The pmpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. Conflict of Interest - A member shaU refrain from discussing, voting on, or in any manner taking part in an action or decision of the LAC if: 1) The member has, or reasonably expects to have during the member's term of office, a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated; or 2) The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section, the presiding officer shall disqualify him/herself from the duties of presiding officer and shaU pass the gavel to the Vice-Chair or to any member who has no conflict. The presiding officer may resume the chair once the issue has been dispatched. The section shaU be construed and interpreted according to Minnesota statutes and case law. Section J. Section A. Section B. Section C. Section D. LACLA W99.00c Code of Conduct - Committee members will adhere to the following: 1. Conunittee member's opinion pertaining to a function, organization or specific application or issue shall not be given to the public or media unless there is a clear qualification that the opinion is that of the member and not the official opinion of the Committee or the City. If a Committee member gives or represents the opinions of the Committee, he/she shall do so only after receiving the official direction from the Conunittee. 2. The conduct of Committee members shall reflect positively upon the Committee, individual member and City. 3. Committee members shall avoid any actual or apparent impropriety. ARTICLE 3. MEETINGS Re2ular Meetin2s - In conformance with the Minnesota Open Meeting Lawall meetings of the Committee are open to the public. Regular meetings shall be held on the third Wednesday of each month at 6:30 p.m. at Prior Lake City Council Chambers, 16776 Fish Point Road located at Fire Station #1 Prior Lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting shall be held on the next succeeding day. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of both the Chair and/or Vice-Chair. Notification - All regular meetings of the Committee shall be noticed by: 1) Posting at City Hall for at least two (2) days prior to the meeting. 2) A copy of the notice, agenda and accompanying material shall be prepared by staff and received by the Committee, City Council, staff and others designated by the City Council, no later than the Friday prior to the Wednesday meeting and in no case later than two (2) days prior to a special meeting. Snecial Meetin2s - Special Meetings of the Committee may be called by the Chair, or two (2) members of the Committee for the purpose of transacting any business designated in the call. Staff may recommend calling a special meeting, but must receive approval from either the Chair or two members of the Committee. The call for a special meeting may be delivered prior to the time of the proposed meeting to each Committee member of the Committee at least two (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call. The notification provisions of Section B of the article shall be followed. Ouorum for Re2ular and Snecial Meetin2s - A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. Section E. Section F. Section A. Section B. Section A. Conduct of Business at MeetinQs - The agenda for a regularly scheduled meeting shall include the following in order of business: 1. Call to Order 2. Approval of minutes of previous meeting(s) 3. Old Business 4. Other Business 5. Staff Update 6. New Business 7. Adjoumment V otinQ - All memhers of the Committee have equal voting authority. ARTICLE 4. SCOPE OF POWERS AND DUTIES Powers and Duties - The Committee shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on lake matters identified in the preamble or as assigned to the Committee. Semiannually, or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives hefore the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. Suhcommittees - The Committee may divide its membership into subcommittees as it deems necessary to implement its goals and objectives. ARTICLE 5. AMENDMENTS Amendments - These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised Bylaws to the City Council for final approval. R:ICOUNCILIBYLA WSILACBYLA W.EDC LACLA W99.DOC BYLAWS OF PRIOR LAKE PARKS ADVISORY COMMITTEE Adopted May 16, 1994 Amended January 2, 1996 Amended January 6,1997 Amended February 16,1999 Amended June 7.1999 PREAMBLE The Prior Lake Parks Advisory Committee (PAC) was created in July, 1989 by an act of the Prior Lake City Council to: (1) serve as a liaison between city government and the community, (2) serve as a resource for a new and existing neighborhoods, group5-, and civic organizations seeking information concerning the Prior Lake park system, (3) to assist city government in setting open space, land acquisition and development policies, (4) to serve as a body to make recommendations to the city council relating to specific parks and open space development, and, (5) to assist city council in researching a variety of funding sources for the Capital Improvement Program and related park development. ARTICLE 1. NAME Section A. Name - The legal name of the organization is the "Prior Lake Parks Advisory Committee" . Section B. Office - The Office of the Prior Lake Parks Advisory Committee is at 16200 Eagle Creek Avenue, S.E., Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Section A. Officers - The Officers of the Prior Lake Parks Advisory Committee shall be a Chair, Vice-Chair and a Secretary. The City Manager or hislher designee shall serve as Secretary of the Committee. Section B. Chair - The Chair of the Committee shall be appointed from among the Committee's membership prior to the first meeting in September, by majority vote of the Parks Advisory Committee. The term of the chair shall begin in September and run for two years. The duties of the Chair include: 1. Review and approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Committee members. 4. Semiannual reporting to the City Council. 5. Representation of the Committee as appropriate. Section C. Vice Chair - The Vice-Chair shall be selected annually by the Committee and shall perform the duties of the Chair in hislher absence. The Vice-Chair shall assume such other duties as assigned by the Chair. Section D. Secretarv - The City Manager or his/her designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Committee. I :\advbodys\paclbylaws.doc -_._,~.._._._._-'~._----_..~.._----" . -_._--~--" Section E. Appointment - The Committee shall consist of seven (7) members, appointed by the Prior Lake City Council for a term of three (3) years from November 1 to October 31. The Committee shall be representative of the citizens who live in Prior Lake. Committee members may serve based upon satisfactory attendance and participation, continued residence in Prior Lake and in accordance with the term limit policy established by the City Council. Section F. Vacancies - If the office of Chair becomes vacant the Parks Advisory Committee shall appoint a replacement in accordance with Article 2, Section B. If the Office of Vice- Chair becomes vacant, the Committee shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Committee, Prior Lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Committee member will be filled in accordance with City Council Bylaws. Section G. Performance Criteria - Annually the Committee shall perform a written self-evaluation on the following: 1) Implementation of the preamble. 2) Achievement of goals and objectives. 3) Compliance with bylaws. 4) Formulation of proposals and recommendations and overall accomplishments. 5) Visitation of subject sites as applicable. 6) Members personal attendance record. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Council. The review Committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. Section H. Term Limit - It is the policy of the Prior Lake City Council to impose a two term (or 6 year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. Section I. Conflict of Interest - Members with a financial or vested interest with an applicant, application, proposal, policy, or other committee issue shall disclose the relationship before participating in discussion about the issue. If the conflict is deemed to be significant, the member shall refrain from discussion and voting on such issue. If the conflict involves the presiding officer, helshe shall disqualify himlherself from discussion and pass the gavel to the Vice-Chair or a member who has no conflict. He/she may resume the chair once the issue has been dispatched. Section J. Code of Conduct - Committee members will adhere to the following: 1. Committee member's opinion pertaining to a function, organization or I:\advbodyslpaclbylaws.doc 2 specific application or issue shall not be given to the public or media unless there is a clear qualification that the opinion is that of the member and not the official opinion of the committee or the City. If a Committee member gives or represents the opinions of the Committee, he/she shall do so only after receiving the official direction from the Committee. 2. The conduct of Committee members shall reflect positively upon the Committee, individual member and city. 3. Committee members shall avoid any actual or apparent impropriety. ARTICLE 3. MEETINGS Section A. Reaular Meetinas - In conformance with the Minnesota Open Meeting Lawall meetings of the committee are open to the public. Regular meetings shall be held on the second Monday of each month at 6:30 p.m. at Prior Lake Maintenance Center, 17073 Adelmann Street, Prior Lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting shall be held on the next succeeding day. Regular meetings may be rescheduled, canceled or changed depending upon unique circumstances and subject to the approval and consent of both the Chair andlor Vice- Chair. Section B. Notification - All regular meetings of the Committee shall be noticed by: 1) Posting at city hall for at least two (2) days prior to the meeting. 2) A copy of the notice, agenda and accompanying materials shall be received by the Committee, City Council, staff and others designated by the City Council, no later than the Friday prior to the Tuesday meeting and in no case later than two (2) days prior to a special meeting. Section C. Soecial Meetinas - Special Meetings of the Committee may be called by the Chair, or two (2) members of the Committee for the purpose of transacting any business designated in the call. Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Committee. The call for a special meeting may be delivered prior to the time of the proposed meeting to each Committee member of the Committee at least two (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call. The notification provisions of Section B of the article shall be followed. Section D. Quorum for Reaular and Soecial Meetinas - A majority of Committee members shall constitute a quorum for the purpose of conducting its business, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Committee upon a vote of a majority of the Committee present. Section E. Conduct of Business at Meetinas - The agenda for a regularly scheduled meeting shall include the following in order of business: 1. Call to Order 2. Approval of minutes of previous meeting(s) 3. Old Business 4. Other Business 5. Staff Update 6. New Business I :\advbodys\paclbylaws.doc 3 7. Adjournment Section F. Votina - All members of the Committee have equal voting authority. ARTICLE 4. SCOPE OF POWERS AND DUTIES Section A. Powers and Duties - The Committee shall act in an advisory capacity to the Prior Lake City Council and shall advise the City Council on Park matters identified in the preamble or as assigned to the committee. Semiannually, or as otherwise required by the Council, the Committee Chair shall give an accounting of the Committee's activities with respect to its goals and objectives before the city council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. Section B. Subcommittees - The Committee may divide its membership into Subcommittees as it deems necessary to implement its goals and objectives. ARTICLE 5. AMENDMENTS Section A. Amendments - These bylaws shall be reviewed by the Committee annually. The Committee may recommend revised bylaws to the City Council for final approval. 1:ladvbodyslpaclbylaws.doc 4 PLANNING COMMISSION BYLAWS ADOPTED MAY 16.1994 Amended January 3.1995 Amended June 19, 1995 Amended January 2, 1996 Amended January 6,1997 Amended February 16. 1999 Amended June 7. 1999 SECTION 1 . CITY CODE CHAPTER 3 2-3-1 COMMISSION CREATED, COMPOSmON: A Planning Advisory Commission is hereby created for the City. its purpose to be of an advisory nature to the City Council and staff. Said Planning Advisory Commission shall be composed of five (5) members. appointed by the City Council. Only residents of the City shall be considered for appointment. Said members may serve as apprentice members from November 1 to January 31 as part of their initial term. During this period, the apprentice members shall attend Planning Commission meetings for the purpose of familiarization with the planning process. Apprentice members may participate in the deliberations of the Commission at the discretion of the Chair. but they shall not have voting privileges. In the case of an appointment to replace a Commissioner before the end of a term, the apprenticeship period may be waived by the City Council. The members regular term shall begin on November 1, and shall run for three (3) years and terminate on October 31 unless the - member is reappointed. 2-3-2 REMOVAL OF MEMBER: Any member of the Planning Advisory Commission may be removed from office for just cause and unwritten charges by a two-thirds (2/3) vote of the entire Council, but such member shall be entitled to a public hearing before such a vote is taken. In addition. any member may be removed for nonattendance at planning Commission meetings without action by the City Council according to rules adopted by the Planning Commission. 2-3-3: MEETINGS, RULES: The Planning Advisory Commission will meet on the second and fourth Monday of each month at 6:30 p.m. in the Prior Lake City Council Chambers, or at such other time as may be deemed necessary, providing adequate notice is furnished of the public meeting. When a regularly scheduled meeting falls on a holiday, the meeting shall be held on the Tuesday following the holiday. 2-3-3A: NOTIFICATION: All regular meetings of the Commission shall be noticed by: (1) Posting at City Hall for at least two (2) days prior to the meeting; (2) A copy of the notice, agenda and accompanying materials shall be received by the Commission, City Council. staff and other designated by the City Council, no later than Friday prior to the meeting and in no case later than two (2) days prior to a special meeting. 2-3-3B: SPECIAL MEETINGS: Special Meetings of the Commission may be called by the Chair, or two (2) members of the Commission for the purpose of transacting any I:\ADVBODYS\PLANCOMM\PCLA W599.00c I business designated in the call. Staff may recommend calling a special meeting, but must receive approval from either the chair or two members of the Committee. The call for a special meeting may be delivered prior to the time of the proposed meeting to each member of the Commission at least (2) days prior to the special meeting. At such meetings, no business shall be considered other than as designated in the call. The notification provisions of Section B of the article shall be followed. 2-3-4: DUTIES OF COMMISSION: The duties of said Planning Advisory Commission are as follows: (A) To keep the City Council and the general public informed and advised as to all planning and development matters and make recommendations to the City Council with respect to any current or future planning. (B) To prepare and keep current, in conjunction with the City Planner, the Comprehensive Plan. (MS 462.355, subd. 2) (C) To monitor zoning and planning changes' affecting Prior Lake and local communities and identify factors and reasons for changes and how they apply to or affect Prior Lake. (D) To research and present any information from public newspapers, public forumslworkshops or publications indicating changing trends or conditions. (E) To recommend principles and policies for guiding action affecting development in the City and its environs. (F) To determine whether specific proposed developments conform to the principles and requirements for the comprehensive plan and the City ordinances. (G) To review and make recommendations to the Council on planned unit development and subdivision proposals. (H) To hold public hearings for subdivisions, planned unit developments and rezoning applications and furnish the Council with information and recommendations of such hearings. (I) To consider variances and home occupation permits. Make recommendations to the City Council on rezoning applications, amendments to the Zoning and Subdivision Ordinances and conditional use permits. (J) To prepare and submit to the City Council within sixty (60) days after the end of the calendar year a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the City Council. l\ADVBODYS\PLANCOMM\PCLA W599.00c 2 SECTION 2 - PLANNING COMMISSION AGENDA AND MEETING FORMAT: Business of the meeting will be conducted according to the Agenda prepared by the Director of Planning. Unless extreme circumstances exist, the Director of Planning shall deliver the completed agenda packets by Wednesday prior to the meeting date. To meet this schedule the Planning Director shall adhere to the submittal deadlines established by staff at the beginning of each year. A memo, report, or brief explanation of each agenda item shall be included in the Planning Commission Agenda packet. The information provided by staff should serve to inform the Planning Commission of the subject matter under discussion. The information should explain in detail the staff comments or work. or state that the staff will present the necessary details and comments at the meeting. The meeting agenda will be prepared according to the following: 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Hearings 5. Old Business 6. New Business 7. Announcements I Correspondence 8. Adjournment SECTION 3 - MINUTE PREPARATION: The Director of Planning is responsible for the minutes of the meeting. The meeting proceedings will be taped, recorded and transcribed by the Recording Secretary or a designated representative from staff. The following two requirements for minute preparation will be adhered to: 1. All motions will be typed in capital letters 2. Names of the commissioners will be listed after their vote on the motion. The official minutes shall be prepared and presented to the Planning Commission at the next regularly scheduled meeting. The minutes shall be reviewed by the Planning Commission and the presiding officer shall call for any additions or corrections. If an addition or correction is presented, the change must be specific as to place, paragraph, and sentence. Approval of the minutes requires a motion, second and a majority vote of the members present at the meeting. The Director of Planning is responsible for the maintenance and filing of the minutes. The following procedure will be used in filing of the minutes: 1. All minutes of the Planning Commission will be kept on file in the office of the City Planner in a hard copy or on microfilm. 2. All the taped proceedings, excluding public hearings, must be kept for a minimum of one year from the date of recording. 3. All taped proceedings that include public hearings must be kept for seven years from the date of recording. A copy of the minutes of the meeting shall be distributed together with the agenda for the upcoming meeting. The minutes and Planning Commission Agenda will be distributed to: 1. Mayor and City Council members 2. Planning Commission members 3. Selected Staff members 4. Selected residents and individuals indicated on the mailing list kept by the Planning Department Secretary. I:\ADVBODYS\PLANCOMM\PCLA WS99.DOC 3 Remarks made by a member of the Planning Commission may be entered into the minutes by stating that helshe desires to go on the record. These remarks shall be entered into the minutes by the Recording Secretary by way of synopsis or verbatim record, if required by a member. SECTION 4 - QUORUM AND VOTING PROCEDURES: At each meeting a majority of all the members appointed, at least three out of five, shall constitute a quorum for the transaction of business. The voting options available to the Planning Commission when a vote has been initiated are: aye (affirmative); nay (negative vote); and abstain (neutral vote, neither affirmative or negative). When a vote is to be taken, the presiding officer shall first call for the ayes, then the nays, and if applicable, shall call for abstentions. The votes of each member shall be recorded in the minutes. If a member of - the Planning Commission is absent during a vote, the member's vote for the official minutes shall read as llabsent". SECTION 5 - ROLES AT MEETING: (A) On the majority of agenda items, if not all items, the time for direct citizen input, comments and questions will be immediately after the City Staff report andlor presentation. During this time period, every member of the public desiring to speak shall address the presiding officer (by raising a hand or standing up) and upon recognition, shall confine their remarks to the issue under consideration. Let all present speak once before permitting persons to speak again on the same subject. (B) Immediately after citizen input is finished on the issue, the members of the Planning Commission take turns addressing the issue. Each individual member of the Planning Commission may - recognize a member of the public when the member has been recognized to speak by the presiding officer. Members of the Planning Commission must use judgment and discretion when recognizing members of the pUblic to speak during the time they have the floor. (C) Members of the general public, interested parties or their authorized representatives may address the Planning Commission y written communications in regard to matters under discussion. Written communications may be read aloud at the meeting if so requested by the author and will become part of the record. The communication(s) shall be read by the presiding officer or her/his designee. (D) One member of the Planning Commission shall serve as the Chair and one as Vice-Chair. The Vice-Chair shall preside at all meetings when the Chair is absent from the meeting. When the Vice-Chair is presiding at the meeting he/she shall assume the authority and responsibility of the presiding officer at the meeting. (E) If in the event the Chair and Vice-Chair are absent, the Director of Planning shall call the meeting to order and preside until such a time that the Planning Commission elects among itself a member to preside at the meeting. After a member of the Planning Commission has been selected to preside over the meeting, the Planning Director shall step down. The presiding officer, at all times, shall be allowed to vote in the same manner as all other Commissioners. (F) The presiding officer has two unique powers: interpreting and applying the rules of procedure; and recognizing speakers from the audience. That official shall have the obligation to be impartial and objective in conducting the meeting. (G) The presiding officer shall open all public hearings at the predetermined time and date. The presiding officer shall, for informational purposes, state the purpose of the hearing or read the public notice calling for the hearing into the record of the meeting proceedings. 1:IADYBODYS\PLANCQMM\PCLA W~99_DOC 4 (H) The presiding officer shall recognize all speakers from the audience, except when a member of the Planning Commission has the floor and they expressly recognize a member of the audience who desires to speak on the issue under consideration. (I) The presiding officer has the responsibility to facilitate discussion by the Planning Commission. This may occur in a variety of ways, including: . Interpret and apply rules of procedure . Decide whether motions are properly made. . Decide whether motions are in order. . Decide whether questions of special privilege ought to be granted. . Decide when to recognize speakers. . Call for motions or recommend motions. . Expel disorderly persons from'the meeting. . Enforce speaking procedures. (J) If a motion is unnecessary, unsuitable for consideration, andlor proposed at an inopportune time for the purpose of delaying or embarrassing other, the presiding officer may rule the motion out of order on herlhis own initiative. (K) The presiding officer is responsible for maintaining order at the meetings. Although meetings must be open to the public, no person who is noisy or unruly has a right to remain in the Council Chambers. When individuals abuse their rights to be present, the presiding officer, subject to overrule by the Planning Commission, can order their removal from the room. SECTION 6 . PUBLIC HEARING FORMAT: Public hearings shall be conducted in the following manner: 1. The Chair calls the public hearing to order and declares the time of opening. It is the intent of the Planning Commission to open all public hearings at the predetermined and published time. From a practical standpoint, not all hearings can be opened at their designated time. The presiding officer may delay the start of a hearing until the business at hand is acted upon, in any manner, by the Planning Commission. In no circumstances can a hearing be opened prior to the predetermined and published time. 2. The presiding officer shall read, from the hearing notice, the details on the hearing sufficient to provide the public a general understanding of the purpose and procedures for the hearing and the fact that the hearing is their exclusive or primary opportunity to provide input to the city on the subject. 3. The Recording Secretary shall pass out to the audience a sign up sheet with columns for name, address, and phone number. This sheet shall become part of the public hearing record. 4. The presiding officer announces that input will now be received from the citizens. Formal input includes the name and address of the speaker delivered from the podium. 5. The procedure for public hearings shall be as follows: . Staff shall make a presentation or report on the subject matter. . If applicable, the applicant makes a presentation or report on the subject matter. . The presiding officer shall ask for citizen input, comments and questions. The presiding officer shall facilitate this portion of the meeting. . The Planning Commission shall address the subject matter through deliberation, questions to citizens and staff, reactions and statements of position on the subject. I:\ADYBODYS\PLANCOMM\PCLA WS99.DOC 5 6. The presiding officer closes the public hearing and states the time that the hearing is closed or continues the public hearing (see 8 below). 7. The Planning Commission should take action on the application before them in the form of a motion by resolution. However, the Commission may formulate a recommendation which outlines the parameters under which an approval would be granted. The reasons and conditions shall be stated in the motion or resolution for approval or denial. Continuation of an action may occur in the event insufficient information is present to make a decision. The Planning Commission shall delineate the missing information before continuing the item. 8. If the Planning Commission decides to continue the deliberation on the subject matter of a hearing, the presiding officer in consultation with the Director of Planning shall select a time and date during a future specified regularly scheduled meeting to reopen the hearing for further deliberation and possible action subject to the discretion of the city council to reopen and continue the public hearing by majority vote. . No additional publication or notice requirements are needed if a hearing is continued to a later date. . In the event that an issue is denied, the applicant has the option to appeal the decision of the Planning Commission to the City Council. The process of appeal begins when the applicant contacts the Director of Planning during regular office hours to schedule the appeal before the City Council. The chair should advise an applicant of the applicable time limits for appeal. SECTION 7 - OFFICERS: A) Officers - The Chair shall be nominated from among the Commission's membership and shall be elected by majority vote prior to the first meeting in September. The term of the chair shall begin in September and run for two years. The City Planning staff shall serve as secretary of the Commission. B) Chair - the duties of the Chair include: 1. Approval of meeting agendas. 2. Presiding at meetings. 3. Participating with the City Council in the selection of Commission members. 4. Semi-annual reporting to the City Council on all information collected under Sec. 2-3-4 and shall give an accounting of its activities and any information the Commission may consider relevant before the City Councilor as directed otherwise 5. Representation of the Commission as appropriate. C) Vice-Chair - The Vice-Chair shall be selected annually by the Commission and shall perform the duties of the Chair in his/her absence. The Vice-Chair shall assume such other duties as assigned by the Chair. D) Secretarv - The City Manager or hislher designee shall act as the Secretary and shall be responsible for recording and compiling a written summary of all official activities of the Commission. E) Appointment - The commission shall consist of members appointed by the Prior Lake City Council for a term of three (3) years. Newly appointed members may be required to serve an apprenticeship as set forth in 2-3-1. The commission shall be representative of the citizens who live in Prior Lake. Commission members may serve additional terms upon approval by the Prior 1:IADVBODYS\PLANCOMM\PCLA W599.00C 6 Lake City Council, based upon satisfactory attendance and participation, continued residence in Prior Lake and in accordance with the term limits policy established by the City Council. F) Vacancies - If the office of Chair becomes vacant the Planning Commission shall appoint a replacement as set forth in Section 7 A. If the Office of Vice-Chair becomes vacant, the Commission shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. Should a member resign, or otherwise vacate a seat on the Commission. Prior lake City Council shall appoint a replacement to complete the term. The selection of the Chair or Commission member will be filled in accordance with City Council Bylaws. G) Performance Criteria - Annually the Committee shall perform a written self-evaluation on the following: 1. Implementation of the Preamble. 2. Achievement of Goals and Objectives. 3. Compliance with Bylaws. 4. Formulation of proposals and recommendations and overall accomplishments. 5. Visitation of subject sites as applicable. 6. Annual personal attendance record of at least 75%. The Committee shall forward this evaluation to a review committee comprised of the staff member assigned to the Committee, City Manager, Mayor, and one member of the City Council. The review committee shall present this report and any additional comments to the Council by the first week of December for action and recommendation at the annual meeting in accordance with the Council Bylaws. H) Term Limit - It is the policy of the Prior Lake City Council to impose a three term (or 9 year) service limitation for all appointed positions within the committees and commission. Partial terms do not count toward the term limitation. The purpose of the term limit policy is to encourage resident participation on City advisory bodies and provide community members with the opportunity to participate in their local government. I) Conflict of Interest - A member shall refrain from discussing, voting on, or in any manner taking part in an action or decision of the Planning Commission: 1. The member has, or reasonably expects to have during the member's term of office, a direct interest in the outcome of the action or decision, unless the effect of the action or decision on the member's interests would be no greater than its effect on other persons or property similarly situated; or 2. The member has a direct or indirect interest in any sale, lease, or contract that is the subject of the action or decision, except as expressly permitted under state laws governing municipal contracts. If a conflict involves the presiding officer, in addition to refraining from participation in the action or decision as provided in this section. the presiding officer shall disqualify himlherself from the duties of presiding officer and shall pass the gavel to the Vice-Chair or to any member who has no conflict. The presiding officer may resume the chair once the issue has been dispatched. The section shall be construed and interpreted according to Minnesota statutes and case law. (J) Code of Conduct - Committee members will adhere to the following: I:IADVBODYS\PLANCOMM\PCLA W599.00C 7 1. Commission member's opinions pertaining to a function, organization or specific application or issue shall not be given to the public or media unless there is a clear qualification that the opinion is that of the member and not the official opinion of the Committee or the City. If a Committee member gives or represents the opinions of the Committee, helshe shall do so only after receiving the official direction from the Committee. 2. The conduct of Commission members shall reflect positively upon the Commission, individual member and City. 3. Commission members shall avoid any actual or apparent impropriety. (K) Amendments - These bylaws shall be reviewed by the Commission annually. The Commission may recommend revised Bylaws to the City Council for approval. l\ADVBODYS\PLANCOMM\PCLA W599.DOC 8