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HomeMy WebLinkAbout4 - Lake Advisory Committee Bylaws & Appontments AGENDA ITEM: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: ALTERNATIVES: HERITAGE 1891 COMMUNITY 1991 CUTJ$% 2({!}t 4 DAVID J. UNMACHT SECOND CONSIDERATION OF APPOINTMENTS AND BYLAWS FOR THE LAKE ADVISORY COMMITTEE AUGUST 5, 1991 The purpose of this item is to discuss and act upon the proposed Lake Advisory Committee Bylaws and Ethics Policy. In addition, the Council is being requested to make appointments to the Lake Advisory Committee. Included with this agenda report are two draft copies of the proposed B~laws and Ethics Policy as amended at your d~rection. In one copy please note that wording deleted from the second draft is crossed out and new wording added to the second draft is underlined. The second copy is a clean draft with all changes incorporated. At the July 15, 1991 Council meeting, Mayor Andren informed the Council that Dr. Richard Cushing would not be able to serve on the Committee. The Council granted the Mayor another opportunity up to August 5 to make her appointment. Mayor Andren has recommended that Jody Stroh be appointed to the Lake Advisory Committee. With the addition of Jody stroh the list will be complete with the following proposed members: Tom Watkins, Dave Moran, Jody Stroh, Bill Packer, Dave Vinlove, Peter Patchin and John Wingard. Other related details and start up information on the Committee can be found by reviewing the July 15, 1991 agenda report. This information remains the same. The alternatives are as follows: Discuss, amend and adopt the Ethics polic~ and appoint Advisory Comm~ttee members as the staff report. 2. Discuss and adopt the Bylaws and Ethics Policy as drafted in the agenda report and appoint the Lake Advisory Committee members as listed in the staff report. 1. Bylaws and the Lake listed in 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 Ph. (612) 447-4230 / Fax (612) 447-4245 or 3. Do not adopt the Bylaws and Ethics Policy or appoint the Lake Advisory Committee members. 4. Table this action for a specific reason. RECOMMENDATION: Staff recommends the adoption of the Lake Advisory Committee Bylaws and Ethics Policy. staff further recommends that the Lake Advisory Committee members be appointed as listed in the agenda re~ort. Staff also recommends that Council d~scuss how the Committee will be staffed and provide direction accordingly. ACTION REQUIRED: will vary based on Council discussion. FINAL BYLAWS OF THE LAKE ADVISORY COMMITTEE PREAMBLE The Prior Lake "Lake Advisor~ Committee" (LAC) is hereby created. The Lake Advisory Committee ~s 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 jurisdict~ons within the watershed. Section A Section B Section A. Section B. Section C. 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 Lake "Lake Advisory Committee" shall be a Chair, Vice-Chair and a Secretary. Staff may serve as an official secretary of the Committee. Chairperson: The Chairperson shall preside at all meetings of the Committee and shall have general charge of and control over the meetings of the Comm~ttee subject to the Bylaws and policies of the Committee. At each meeting the Committee members and Chairperson may, as appropriate, submit recommendations, information and agenda items to be considered by the Committee for its general conduct of business. When required, the Chairperson may also act as spokesperson for the Committee. Vice-Chairperson: The Vice-Chair~erson shall preside at all meetings of the Comm~ttee in the absence of the Chairperson and shall perform such other duties as may be assi9ned by the Committee. In case the Chairperson res~gns 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 Section D. section E. Section F. section G. section H. 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. For the initial appointment process only each Councilmember shall appoint one Committee member and the City staff shall appoint two Committee members. Terms for the initial Committee appointments will be staggered terms of one, two and three years. After the initial terms expire, all future terms shall be for a period of two years, effective from the date of appointment. The Chairperson and Vice-Chair~erson elected by a majority of the Comm~ttee 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 City Council: and 4) the City Council shall appoint 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 Section A. Section B. section C. Section D. Resi9nation, in the form of a request to the absent Comm~ttee 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 inqui~ into his/her interest in remaining on the Comm~ttee. ARTICLE 3. MEETINGS Reqular 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 ~n locations other than the place of regular meetings. Quorum For Re9ular and Special Meetin9s: A majority of Comm~ttee members shall const~tute a quorum for the purpose of conducting its business, but a smaller number ma~ meet from time to time if a quorum cannot be obta~ned. 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 sup~orting material shall be distributed to the Comm~ttee no later than . Copies of the agenda and other related materials shall be 9iven to the City Council and at all times pract~cal, published in the Prior Lake American. 3 section E. Section A. Section B. Section C. Section A. 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 activ~ties 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 subcommittees as it deems necessary to the goals and objectives of the Committee delegate such powers and duties subcommittees necessary to carry functions. for such implement and may to such out its General: These Bylaws shall govern the conduct and procedures of the Lake Advisory Committee. If an issue is raised or a point is made which is not covered in the Bylaws, the procedures to respond to the issue or point shall be governed by Roberts Rules of Order Revised. 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 B~laws. The Committee may amend the Bylaws without c~ty Council approval, however, the City Council may veto any amendments adopted by the Committee. 4 o I LAKE ADVISORY COMMITTEE ETHICS PURPOSE: The purpose of this section is to provide broad guidelines for the conduct of the individual Lake Advisory 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 initiat~ve to resolve the matter in a procedure and time frame most appropriate. l. Lake Advisory Committee members who have a current or ongoing business relationshi~ or vested interest with an applicant or other part~es with significant interest in the matter before the Committee WHICH WOULD DIRECTLY OR INDIRECTLY BENEFIT THE LAC MEMBER THROUGH PERSONAL MONETARY GAIN, shall refrain as an active member of the Committee from discussion and votin9 on the matter. Vested interest is to mean any ~nterest(s) or issues that may present a conflict of interest now or anticipated in the future. 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 re~resents the opinion(s) of the Lake Adv~sory Comm~ttee those opinion(s) must be a~proved by a consensus of the Lake Advisory Comm1ttee and recorded in its minutes. 3. Lake Advisory Committee members shall conduct themselves as professionals when representing the Committee. 4. A Lake Advisory Committee appearance of impropriety. 5. A Lake Advisory Committee shall make every attempt to visit the site prior to discussing site related issues. shall avoid any 5 2ND. DRAFT SHOWING CHANGES BYLAWS OF THE LAKE ADVISORY COMMITTEE PREAMBLE The Prior Lake "Lake Advisor~ Committee" (LAC) is hereby created. The Lake Advisory Committee IS 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 jurisdict~ons within the watershed. Section A Section B Section A. Section B. Section C. ARTICLE l. 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. Chairperson: The Chairperson shall preside at all meetings of the Committee and shall have general charge of and control over the affair~ meetin9s of the Committee subject to the Bylaws and polic~es of the Committee. At each meeting the CaairpereBR Committee members and Chair~erson may, as appropriate, submit recommendat~ons, information and agenda items to be considered by the Committee for its general conduct of business. When required, the Chairperson may also act--as spokesperson for the Committee. Lake "Lake Vice-Chair an official Vice-Chairperson: The Vice-Chairperson shall preside at all meetings of the Committee in the absence of the Chairperson and shall perform such other duties as may be assi9ned by the Committee. In case the Chairperson res~gns 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 section D. Section E. section F. Section G. Section H. 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. For the initial appointment process only each Councilmember shall appoint one Committee member and the City staff shall appoint two Committee members. Terms for the initial Committee appointments will be tarQQ (J) YQar~ staggered terms of one, two and three years. After the ~nitial terms expire, all future terms shall be for a period of two years, effective from the date of appointment. The Chairperson and Vice-Chairperson elected by a majority of the Committee members of the Committee and shall hold a one (l) 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 appo~nt 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 Section A. section B. Section C. Section D. Resi9nation, in the form of a request to the absent Comm~ttee 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 inquir~ into his/her interest in remaining on the Comm~ttee. 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 Meetings: 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 ~n locations other than the place of regular meetings. Quorum For Re9ular and Special Meetings: A majority of Comm~ttee members shall const~tute a quorum for the purpose of conducting its business, but a smaller number ma~ meet from time to time if a quorum cannot be obta~ned. 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 sup~orting material shall be distributed to the Comm1ttee no later than . Copies of the agenda and other related materials shall be 9iven to the City Council and at all times pract~cal, published in the PrIOr Lake American. 3 section E. section A. Section B. section C. Section A. 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 activ~ties 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 subcommittees as it deems necessary to the goals and objectives of the Committee delegate such powers and duties subcommittees necessary to carry functions. for such implement and may to such out its General: These Bylaws shall govern the conduct and procedures of the Lake Advisory Committee. If an issue is raised or a point is made which is not covered in the Bylaws, the procedures to respond to the issue or point shall Ee governed by Roberts Rules of Order Revised. 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 B~laws. The Committee may amend the Bylaws without c~ty Council approval, however, the City Council may veto any amendments adopted by the Committee. 4 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 respons~bility of adherence to these guidelines. In the event a problem ~resents itself, the Chairperson shall take the initiat1ve to resolve ~ the matter in a procedure and time frame maHRor most appropriate. 1. Lake Advisory Committee members who have a current or ongoing business relationshi~ or vested interest with an applicant or other part~es with significant interest in the aeeioisR matter before the Committee WHICH WOULD DIRECTLY OR INDIRECTLY BENEFIT THE LAC MEMBER THROUGH PERSONAL MONETARY GAIN, shall refrain as an active member of the committee from discussion and voting on the matter. Vested interest is to mean any interest(s) or issues that may present a conflict of interest now aRQ iR ~h9 fY~Yre or anticipated in the future. 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 re~resents the opinion(s) of the Lake Adv1sory Comm~ttee those opinion(s} must be a~proved by a consensus of the Lake Advisory Comm1ttee and recorded in its minutes. 3. Lake Advisory Committee members shall conduct themselves as professionals when representing the Committee. 4. A Lake Advisory Committee appearance of impropriety. 5. A Lake Advisory Committee shall make every attempt to visit the site prior to discussing site related issues. shall avoid any 5