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HomeMy WebLinkAbout4F - LAC Bylaws MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: AL TERNA TIVES: RECOMMENDED MOTION: CITY COUNCIL AGENDA REPORT JUNE 17, 2002 4F SUE MCDERMOTT, CITY ENGINEER CONSIDER APPROVAL OF AN AMENDMENT TO LAKE ADVISORY COMMITTEE BYLAWS History: On May 16, 1994, the City Council adopted the current Bylaws for the Lake Advisory Committee. Since that time six amendments have been made to the Bylaws. Article 5 of the Bylaws calls for the Lake Advisory Committee to annually review the Bylaws and recommend any proposed changes to the City Council for their approval. Current Circumstances: At the March 19, 2002 joint meeting of the City Council and the Lake Advisory Committee, the Lake Advisory Committee approved the following change to the'Bylaws: 1. Due to the adoption of the Comprehensive Lake Management Plan, add to the Preamble: The Comprehensive Lake Management Plan was adopted by City Council in June 2000. This plan replaces the report entitled "Water Resource Management - A Guide for Balanced Future" as the guiding document for the LAC to follow in advising the City Council in the preservation and enhancement of the natural resource called Prior Lake. The City Council should consider the recommended change as discussed at the joint City Council and Lake Advisory Committee meeting on March 19,2002. The alternatives are as follows: 1. Motion to approve the recommended change to the Lake Advisory Committee Bylaws as outlined above and indicated in the legislative format of the attached Bylaws. Deny the proposed amendment and provide direction to the Lake Advisory Committee and city staff. 2. s appropriate. 16200\AgWm~&~.\})ViAIWi$l.JLJOOe, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 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 Amended December 4,2000 Amended June 17, 2002 PREAMBLE The Prior 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", The Comprehensive Lake Manaqement Plan was adopted bv Citv Council in June 2000. This plan replaces the report entitled 'Water Resource Manaqement - A Guide for Balanced Future" as the quidinq document for the LAC to follow in advisinq the City Council in the preservation and enhancement of the natural resource called Prior Lake. Section A. Section B. Section A. Section B. Section C. Section D. ARTICLE 1. NAME Name - The legal name of the organization is the "Prior Lake Lake Advisory Committee". Office - The Office of the Prior 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 his/her designee shall serve as Secretary of the Committee. Chair - The Chair of the Committee shall be appointed from among its members in November, by majority vote of the Lake Advisory Committee. The term of the chair shall begin in November 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. Vice-Chair - The Vice-Chair shall be selected annually by the Committee 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. Secretary - 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. G :\WateUnfo\LAC\laclaws.doc 1 Section E. Section F. Section G. Section H. Section I. Appointment - The Committee shall consist of five (5) 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. Vacancies - If the office of Chair becomes vacant the Lake Advisory Committee shall appoint a replacement as set forth in 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. 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) Visitations 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. 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. Conflict of Interest - A member shall 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. G :\WateU nfo\LAC\laclaws .doc 2 Section J. Section A. Section B. Section C. 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 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. Code of Conduct - Committee members will adhere to the following: 1. Committee 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, 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 ReQular MeetinQs - 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 Tuesday 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, cancelled 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 Thursday prior to the Tuesday meeting and in no case later than two (2) days prior to a special meeting. Special MeetinQs - 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 th~ call. The notification provisions of Section B of the article shall be followed. G:\WateUnfo\LAC\laclaws.doc 3 Section D. Section E Section F. Section A. Section B. Section A. Quorum for Reaular and Special 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. 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. Adjournment Votinq - All members 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 before the City Council. Additionally, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. Subcommittees - The Committee may divide its membership into subcommittee, 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. G :\Water _I nfo\LAC\laclaws .doc 4