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HomeMy WebLinkAbout7 - Lake Advisory Committee Bylaws & Appointment AGENDA ITEM: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 1fXJ.'C;(). \ ' 20)1 7 DAVID J. UNMACHT, CITY MANAGER CONSIDER LAKE ADVISORY COMMITTEE BYLAWS AND APPOINTMENTS JULY 15, 1991 The purpose of this item is to discuss the proposed Lake Advisory Committee (LAC) B~laws, and to consider appointments to the Comm1ttee. Included with this agenda report is a draft copy of the proposed Bylaws and Ethics Policy. On June 17,1991 Prior Lake City council affirmed its work program from the Lake Review Committee Report recommendations. One of the recommendations in the work program was to form a Lake Advisory Committee. Staff has prepared a draft of the Bylaws and Ethics Policy for the LAC. In addition, staff has completed the list of the initial members of the committee which are as follows: Tom Watkins Dave Moran Dr. Richard cushing Bill Packer Dave vinlove Peter Patchin John Wingard These individuals have agreed to serve at the direction of City Council and City staff. Staff is recommending that appointments be made on a staggered basis consisting of one, two and three year terms. Staff is not sU9gesting as part of this agenda report which ind1vidual will serve a specific term limit, rather we recommend those decisions be decided internally by the Committee. How the committee elects to assign term limits can be done by a "lot" basis, general consensus or any other way the members deem appropriate. Due to summer vacations, and scheduling details, staff believes the Committee will begin its work in September. The purpose of the committee is set up in the Preamble with related Committee details described within the Bylaws. The Preamble is very general in nature and encompasses material from the Lake Review Committee Report and the Prior Lake city Council work program. Staff is proposing that this committee have a broad range of discretion in its inception so as to 4.2' Oak.ta St. S.E., Prior Lake. Minnesota 55372 Ph. (612) 447-4230 / Fax (612) 447.4245 establish their own direction. This direction must then be affirmed by the Council early in the Committee's work. This direction is recommended to be developed through the pre~aration of goals and objectives. staff env1sions one of the Committee's first priorities will be the development of goals and objectives. staff recommends that the Council give due consideration to how this Committee will be staffed. It is important that the Committee receive staff su~port in order to carry out its function. Exper1ence has shown that Committees with staff support function more efficiently, properly and expeditiously. At this time staff is prepared to share the workload for the support of this Committee, however, long term, ~ermanent staffing solutions need to be 1dentified and addressed earl~ on br the Council and Committee. Preliminary d1scuss1ons with the watershed District have occurred on sharing a staff position, however, no details or arrangements have been made or concluded. RECOMMENDATIONS: Staff recommends that the Council review the Lake Advisory Committee Bylaws and Ethics Policy and place on the consent agenda the first meeting in August for approval. Staff recommends that the names listed in the agenda report be accepted as members of the Committee. staff also recommends that the Council discuss how the Committee will be staffed and provide direction. ALTERNATIVES: The alternatives are as follows: 1. Discuss and amend the Bylaws and Ethics POlicy as drafted and direct staff to place on the consent agenda for action the first meeting in August. 2. Do not adopt the Lake Advisory Committee Bylaws and Ethics Policy. ACTION REQUIRED: will vary based on Council discussion. (It should be noted Advisory Committee will be working on identified in their that the use of the term "Lake" in the Lake is for convenience purposes. The Committee many water resource management issues as Preamble. ) ..-- -_'.'_"-~""~^--..~~...._,.--_.,-,,..~.,~.~ """<,~",,,~,,-,'''''''''.._~,." "-*' .-- '~" ",._".._.~~",,, ."'. --,,>_......~,.~___=.___~..M;."..'~..,'_.....'...........>d.~..~~._.._......_._._....,." \)\l. ~~~ BYLAWS OF THE LAKE ADVISORY COMMITTEE DRAt:T PREAMBLE The Prior Lake "Lake Advisory Committee" (LAC) is hereby created. The Lake Advisory Committee 1S created 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 jurisdict10ns within the watershed. Section A Section B Section A. ARTICLE 1. NAME Name: The legal name of the organization is the Prior Lake "Lake Advisory Committee". Office: The Office of the Prior Lake "Lake Advisory Committee" is at 4629 Dakota Street S.E., Prior Lake, Minnesota 55372. ARTICLE 2. OFFICERS Officers: The Officers of the Prior Advisory Committee" shall be a Chair, and a Secretary. Staff may serve as Secretary of the Committee. Lake "Lake Vice-Chair an official ,~ Section B. Chairperson: The Chairperson shall preside at all I meetings of the Committee and shall have general \- / charge of and control over the af..fair-s--' of the v"r Comm1ttee subject to the Bylaws and policies of the uy~~ Committee. At each meeting the Chairperson may, ~~, as appropriate, submit recommendations, information ~ and agenda items to be considered by the Committee for its general conduct of business. Section C. Vice-Chairperson: The Vice-Chair~erson shall preside at all meetings of the Comm1ttee in the absence of the Chairperson and shall perform such other duties as may be assi9ned by the Committee. In case the Chairperson res1gns or is unable to perform duties assigned for some other reason, the Vice-Chairperson shall perform and be vested with all duties and powers of the Chairperson until such time as the Committee shall select a new Chairperson. 1 Dn" " ,v J . ... .. . .. l ~....... ... Section D. Section E. Section F. Section G. section H. D,t? I--..::r Secretary: The Secretary shall be responsible for recording and compiling a written summary of all meetings held by the Committee and such other functions as may be determined by the Committee. Staff: Staff to the Committee shall be assigned by the City Manager and shall have general supervision over the day-to-day administration of its policies, and recommendations pursuant to its actions by the Committee. Staff may also serve as Secretary and be responsible for recording and compiling a written summary of all meetings held by the Committee. Initial Appointment: The Committee shall consist of seven members. Each Councilmember shall appoint one Committee member and the City staff shall appoint two Committee members. Terms for the Committee appointments will be three (3) years staggered terms of one, two and three years. ,-/ ')f)/J- .., d- / I The Chairperson and Vice-Chair~erson elected by a majority of the Comm1ttee members of the Committee and shall hold a one (1) year period, or until their are elected or appointed. Vacancies: If the Office of Chairperson and/or Vice-Chairperson 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, the City Council shall appoint a replacement to complete the term or fill a new seat. shall be from among office for successors Appointment by the City Council to vacancies on the Committee will be made by the following process: 1) Council forms a subcommittee consisting of the Mayor, appointed Councilmember and City Manager; 2) vacancies are advertised in the Prior Lake American; 3) recommendations of the subcommittee are made to the Cit~ Council; and 4) the City Council shall appo1nt a replacement to the Committee. Call For Resiqnation: It shall be the duty of each Committee member to actively participate in the affairs of the Committee and to attend its regular and special meetings. In the event that a Committee member is not present for 75% of the regular meetings during a calendar year, the Committee shall direct the Chair to send a Call for 2 DRAfl section A. Section B. Section c. Section D. DRAFT Resi~nation, in the form of a request to the absent Comm1ttee member. In addition, if the Committee member is not present for three consecutive regular meetings during the year, the Committee shall direct staff to send a letter to the member inquiring of his/her status on the Committee including an inquirr into his/her interest in remaining on the Comm1ttee. ARTICLE 3. MEETINGS Regular Meetin1s: Regular meetings shall be held on the 0 each month at at the Prior Lake City Hall, 4629 Dakota Street S.E., Prior Lake, Minnesota. In the event that such a date shall fall on a legal holiday, the meeting may be rescheduled by the Committee. Regular meetings may be rescheduled, changed or cancelled depending upon unique circumstances, and subject to the approval and consent of both the Chairperson and/or Vice-Chairperson. Special Meetinqs: Special meetings of the Committee may be called by the Chairperson, staff, or two (2) members of the Committee for the purpose of transacting any business. When staff recommends calling a special meeting, approval must be received from a Chairperson or two (2) 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 as soon as possible upon determining when the special meeting will be held. At such meetings no business shall be considered other than that designated in the Call For a S~ecial Meeting. Such special meeting may be held 1n locations other than the place of regular meetings. Quorum For Re9ular and special Meetin9s: A majority of Comm1ttee members shall const1tute a quorum for the purpose of conducting its business, but a smaller number ma~ meet from time to time if a quorum cannot be obta1ned. Action may be taken by the Committee upon a vote only when majority of the Committee present. Conduct of Business: The conduct and order of business at regular meetings will be determined by the Committee. An agenda for each meeting shall be prepared and accompanying supporting material shall be distributed to the Committee no later than . Copies of the agenda and other related materials shall be given to the City Council. 3 "c ~~ ,".., ~i: { Section E. __. Ii /--.--- --<J-' Section A. Section B. Section A. DRAFT Voting: All members of the Committee, have equal voting authority. In addition to a quorum being required for each meeting of the Committee in order to conduct business, a majority of those members present shall be required to transact business and approve any matters before the Committee. ARTICLE 4. SCOPE OF POWERS AND DUTIES Powers and Duties: The Committee shall act in an advisory capacity to the Prior Lake City Council. The Committee shall advise the City Council on matters identified in the Preamble. On an annual basis, the Committee shall outline its duties in the form of Goals and Ob~ectives and shall give an accounting of its activ1ties at a City Council meeting each year in an annual report. The Committee may perform duties as specifically directed by the City Council not identified in the Preamble. Additional, specific powers, duties and responsibilities may be assigned to the Committee upon approval of the City Council. Subcommittees: The Committee may provide for such subcommittees as it deems necessary to implement the goals and objectives of the Committee and may delegate such powers and duties to such subcommittees necessary to carry oUt its functions. ARTICLE 5. AMENDMENTS Amendments: These Bylaws may be amended at any meeting of the Committee provided that notice of such proposed amendments shall be mailed to each member of the Committee at least two (2) days prior to such meeting. The amendment of the Bylaws and the vote required shall be in accordance with that set forth under the voting provisions of these Bylaws. The Committee may amend the Bylaws without City Council approval, however, the City Council may veto any amendments adopted by the Committee. '" V J/ \r ~V' ~' ~\J" ~~ ~I/ (}t~ J.J;v-- ~ ~~{V~ .Iv ~/ 4 - ..OR~F'{ DRAFT LAKE ADVISORY COMMITTEE ETHICS PURPOSE: The purpose of this section is to provide broad guidelines for the conduct of the individual Lake Advisor~ Committee (LAC). Each LAC member must bear the respons1bility of adherence to these guidelines. In the event a problem ~resents itself, the Chairperson shall take the initiat1ve to~resolve ~t in a manner most appropriate. orl'~ ~ ;J~~ 1. Lake Advisory Co~i,:tte~ members who have a current jn-4 or ongoing bUSi~ne.. s relationshi~ or vested interest -J}/t . with an applicant or other part1es with significant 11 interest in the d cision WHICH WOULD DIRECTLY OR- INDIRECTLY BENEF' T THE LAC MEMBER, shall refrain from discussion Vested interest is to mean any interest~s) 0 issues that may present a conflict of interes now ~ .in. the future. . (Y'- ~~ 2. A Lake Advisory Committee member's opinion pertaining to a function, organization or specific application shall not be given to the media unless there is a clear qualification that the opinion is that of the member and not that of the entire Committee. If a LAC member 9ives or represents the opinion(s) of the Lake Adv1sory Committee those opinion(s) must be approved by a consensus of the Lake Advisory Committee and recorded in its minutes. 3. Lake Advisory Committee members themselves as professionals when Committee. shall conduct representing the 4. A Lake Advisory Committee appearance of impropriety. 5. A Lake Advisor~ Committee shall make every attempt to visit the s1te prior to discussing site related issues. shall avoid any fP 5