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HomeMy WebLinkAbout2.c. How Commissions interact with City Council2 -1 -1 CHAPTER 1 PLANNING COMMISSION SECTION: 2 -1 -1: 'Establishment of Commission 2- 1 -.2 :. Organization and Meetings 2 -1 =3: Zoning Powers and Duties 2 -1 -2 2 -1 -1: ESTABLISHMENT OF COMMISSION: A City Planning Commission for the City is hereby established. The Commission shall be the City Planning Agency. Such Planning Commission shall consist of at least five (5) members to be appointed by the City Council and maybe removed.by a four - fifths' (1 5 ) vote of the Council. Terms of the Commissioners shall be determined in the Planning Commission bylaws. Compensation for the members shall be determined by the City Council. 2 -1 -2: ORGANIZATION AND MEETINGS: A. Officers Elected: The Commission shall elect a chairman from among its appointed members for a term of one year and the Commission may create and fill such other offices as determined in the bylaws. B. Supporting Staff: The City Council shall provide adequate personnel to assist the Commission in fulfilling its duties as stated herein. C. Meetings, Records, Expenditures: The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be a public record. Expenditures of the Commission shall be within amounts appropriated for certain purposes by the City Council. 2 -1 -3 2 -1 -3 2 -1 -3: ZONING POWERS AND DUTIES: A. Prepare Comprehensive Plan: It shall be the function and duty of the Planning Commission to prepare and update a comprehensive City plan for the physical, economic and social development of the City. The plan shall be submitted to the City Council for adoption according to procedures set forth by the City Council. B. Prepare Zoning Ordinance: After the adoption of a land use plan for the Municipality, the Planning Commission, for the purpose of carrying out the policies and goals of the land use plan, may, and upon instructions by the City Council, shall prepare a proposed zoning ordinance and submit it to the governing body with its recommendations. C. Development Review: The Commission shall review and act upon all development proposals in the City according to the authority and procedures set forth in the zoning and subdivision regulations. The Commission shall annually review the five (5) year capital improvement program and submit its recommendations to the City Council. (Ord. XVII -1, 3 -4 -71; amd. 1983 Code) 2 -2 -1 CHAPTER 2 PARK AND RECREATION COMMITTEE SECTION: 2 -2 -1: . Established; Composition 2 -2 -2:. Organization and Meetings 2 -2 =3: Oath; Compensation 2 -2 -4: Powers and Duties 2 -2 -3 2 -2 -1: COMMITTEE ESTABLISHED; COMPOSITION: A. Establishment: A Park and Recreation Committee is hereby established for the City. (Ord. VIII -1, 10 -5 -71) B. Composition: The Park and Recreation Committee shall consist of not more than seven (7) members appointed by the City Council. Terms of the members shall be determined in the Committee bylaws. (Ord. VIII.2, 2 -6 -73; amd. 1983 Code) C. Purpose: The purpose of the Committee is to assist the City Council in establishing a park and recreation system throughout the entire City for all citizens of the City. 2 -2 -2: ORGANIZATION AND MEETINGS: The Committee shall elect a chairman and vice chairman from its members together with such other officers it deems necessary. The Committee shall meet at least once a month and shall submit its official meeting minutes to the City Council each and every month. 2 -2 -3: OATH; COMPENSATION: Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. Compensation for the members shall be determined by the City Council. (Ord. VIII -1, 10 -5 -71; amd. 1983 Code) 2 -2 -4 2 -2 -4: POWERS AND DUTIES: 2 -2 -4 A. Advice and Recommendations: The Committee shall have the duty to advise the City Council in the acquisition and maintenance of parks, playgrounds and other public lands. It shall also have the duty of making recommendations and supervising the City recreation system. The Committee shall recommend to the City Council expansion and plans for the development of the City park and recreation system. The Committee shall further make recommendations as to desired regulatory ordinances and make recommendations as to any matters relating to the park and recreation system of the City. B. ' Investigate Needs of System: The Committee shall have no power to make contracts, levy taxes, borrow money or condemn property, but shall have the full power and responsibility to investigate requirements and needs of the City park and recreation system and to assist the Council in formulating the terms of and the procedure for accomplishing that goal. (Ord. VIII -1, 10 -5 -71) 2-4 -1 CHAPTER 4 PUBLIC UTILITIES COMMISSION SECTION: 2 -4 -1 :. Establishment of Commission 2-4'2:' Organization 2. -4 -3: Compensation 2-4-4: Powers and Duties, Jurisdiction 2 -4 -1 2-4 -1: ESTABLISHMENT OF COMMISSION: The Public Utilities Commission of the City as authorized by Minnesota Statutes, sections 412.321 through 412.391, which sections are hereby expressly accepted, is hereby established. The Commission shall consist of three (3) members appointed by the City Council. The three (3) initial terms shall commence on February 2, 1971. Thereafter, the City Council shall appoint one new member each year, said appointment to be made for a three (3) year term to commence on February 1 of the year appointed. (Ord. V11.5, 4 -5 -88) Ex officio members of the Commission shall be the City Administrator and the Mayor. (Ord. V11.6, 2- 18 -92) The Public Works Director for the City will act as the Executive Director for the Utilities Commission. In that capacity the Executive Director will take direction from the Commission, report to the Commission with Information and recommendations on all matters at the direction of the Commission or on his /her own initiative. Secretarial service to the Commission shall be provided by City staff as directed by the Commission Executive Director. 492 2 -4 -1 2-4-4 The Commission will meet at least once monthly at a time and place set by majority votes of the Commission. These will be considered public meeting's. 2 -4 -2: ORGANIZATION: The provisions of Minnesota Statutes, section 412.321 shall apply to the composition, terms, appointment, qualifications and removal of members of the Commission. 2-4 -3: COMPENSATION: Each member shall receive a salary of twenty five dollars ($25.00) per meeting, payable at such times as may be prescribed by the Council. The City Council hereby reserves the right to regulate said salary and to adjust or abolish the same at any time. Compensation to the Executive Director and support staff will be determined by motion passed by the Commission and approval granted by the City Council. 2 -4-4: POWERS AND DUTIES, JURISDICTION: A. The Public Utilities Commission shall have responsibility over the following public utilities of the City:' 1. City operated water systems. 2. City operated sanitary sewer systems. 3. City operated storm water systems. 4. Other utility systems serving the general public in Rosemount where the City has a determined part in determining the need and level of such service. 5. Any public buildings owned and operated by the City for functions directly relating to items in subsections Al — A4 above. - B. With respect to the Public Utilities Commission areas of jurisdiction enumerated above, the Public Utilities Commission shall have the powers prescribed by law and more specifically as follows: 1. See Title 4 of this Municipal Code for water and sewer system regulations. 2. M.S.A. §216A.05. 492 2-4-4 2 -4-4 B) 1. To review and adopt operating budgets and authorize expenditures for funds specifically set out for use in the operation and maintenance of the above referenced utilities. 2. To make recommendations to the City Council on the hiring of personnel, construction of new infrastructure, purchase of additional equipment and construction of new buildings for the operation and maintenance of the above referenced utilities. 3. To review all proposed developments in the City including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the City Council on these proposed developments as they relate to the needs of the community in all areas of the above referenced utilities. These reviews being a required part of the approval process for proposed developments. 4. At least annually, at the Commissions' regularly scheduled January meeting, or more frequently if deemed necessary by the Commission, review all user fees, connection charges and other associated forms of revenue to these utilities and present recommendations to the City Council regarding these fees. Adding or deleting of such fees will also be determined, through this process. (Ord. VII.5, 4 -5 -88) C. The Public Utilities Commission shall also be responsible for review of cable services within the City for the following purposes: 1. To monitor the cable company's performance as to level of service. 2. To advise and make recommendations to the City Council concerning use of franchise fees. D. The Commission jurisdiction is limited to what is specified in the cable franchise agreements. It has no power to adjust or approve cable rates or to require the cable company to improve level of service or to expand into new service areas within the City. The Commission may do the following: 1. Review and adopt operating budgets with respect to the amount of revenue the City receives from the franchise fee. 2. Authorize expenditures for funds specifically budgeted by the Commission. 492 2 -4 -4 2 -4 -4 D) 3. Conciliate disagreements among the cable company, subscribers and users of the system. 4. Submit an annual report to the cable company and City Council assessing the company's performance according to the terms of the franchise agreement. (Ord. V11.6, 2- 18 -92) 492 BYLAWS OF ROSEMOUNT PORT AUTHORITY A DEVELOPMENT A GENCY Article I. Established b the City Coun Noce There is hereby created y Resoluti il of the City of Rosemount, in acco with Minnesota Statutes, 469.0813 and City of Rosemount Enabhng 1991 -53, th Rosemount Port Authority, a Development Agency. e Article II. ose enc , is to carry out economic The purpose of the Port Authority, a Development Ag the development authority development and redevelopment witinterestCntcontinued ne w job development and _ f of the for the City on behal City s increased tax base. r+ e „thr�rity Me Article III. i " ` T h e port Authority Commission shall consist of seven (7) members appointed in the rovisions of the Enabling Resolution No. 1991 -53, Section 6. accordance with P Article , Seal of Port Autho on shall be in the form of a circle and shall bear the name The seal of the Port Auth ty of the port Authority, the year established and contain the logo of the City o Rosemount. Article V. Off1Cers Chai erson The Chairperson shall preside a t all on such d Section 1. ndant upon shall have the dupes and shall be elected by the Commission officer. The Chai pe members at the annual meeting. Chairperso The Vice Chairperson shall, in the absence or i ' ; cj powers and perform Section 2. disability of the Chairperson, exercise all the p the duties of the Chairperson. The Vice Chairperson shall be elected by the Commission members at the annual meeting. Section 3. Executive Secretary The City Clerk shall act as Executive Secretary to the Port Authority and shall keep a record of all proceedings of Commission meetings. The Secretary shall also give notice of all meetings of the Commission and shall perform such other duties as prescribed by the Commission. Section 4. Treasurer The Treasurer shall receive and be responsible.for all_. monies from whatever source derived and the same shall be deemed public funds. Monies shall be disbursed only on checks signed by the Executive Director or the City Finance Director. The Port Authority Treasurer, when the Chairperson and Vice Chairperson are absent, shall be responsible for chairing the meeting. The City Finance Director will serve as the Port Authority Assistant Treasurer and be responsible for accounting, investment, fund maintenance and disbursement consistent with city procedures under the direction and control of the Commissioners. Other accounting procedures shall be in accordance with Minn. Stat. 469.049, et seq. and Enabling Resolution No. 1991 -53. Article VI. Administrative Structure Section 1. Executive Director The Port Authority shall employ an Executive Director who shall have general supervision over the administration of its business and affairs, subject to the direction of the Port Authority. He /she shall be charged with the management of the development projects of the Port Authority. This person will be the City Administrator of the City of Rosemount. Section 2. Assistant Director The Port Authority may employ an Assistant Director who shall assist the Executive Director in the administration of the business and affairs of the Port Authority: The Assistant Director shall have the responsibility to coordinate meetings with public and private developers, pursuant to development /redevelopment projects and general business of the Port Authority. 2 The Assistant Director shall also be responsible for reviewing and updating the Redevelopment Plan and written reviews of all development proposals which come before the Port Authority. Said reviews and other memorandums shall be directed to the Port Authority through the Executive Director. The Assistant Director shall sit at regular or special meetings of the Port Authority in the absence of the Executive Director, and shall attend other meetings as requested by the Port Authority or Executive Director. Section 3. Additional Personnel. The Port Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by law. Article VII. Meetings of the Port Authority Section 1. Meeting Place The meetings shall be at such a place in Rosemount, Minnesota, as the Commissioners shall from time to time designate. All meetings, except as otherwise authorized or provided by law, shall be open to the public. The Chairperson may change the meeting place by giving five (5) days written notice to Commission members. Section 2. Time of Meetings A. Regular Meetings Regular meetings shall be held once each month on the lst Tuesday of the month at the time and date specified by the Port Authority. In addition, one work session shall be held each month on the 3 rd Tuesday of the month at the time and date specified by the Port Authority. B. Special Meetings A special meeting may be called by the Chairperson; the Executive Director, or by any three (3) Commissioners by written request filed with the Executive Director who shall mail or personally deliver to all members notice of the time and place of such meeting at least twenty -four (24) hours in advance of the scheduled meeting time. Special meeting notices must be posted and shall state time, place and purpose of the meeting and no other business shall be considered. 3 C. Executive Session Any business, properly before the Port 4uthority, which qualifies as attorney client or otherwise meets the legal standards for closed (Executive) session meetings, shall, following procedures established for convening such meetings, be in order. Only that business., . for .which the session was convened shall be *in order. D. Annual Meeting The Annual Meeting shall be the first meeting in February and held with the regular meeting at the time and date specified by the Port Authority. Section 3, Quorum. A majority of the commissioners is required to constitute a quorum. When a quorum is in attendance at a meeting, action may be taken upon a vote of a majority in attendance. No voting shall be done by proxy. Section 4. Governance of Meetings The meetings of the Port Authority shall be governed by Robert's Rules of Order, provided that said rules shall be construed liberally to afford the Port Authority . flexibility in the conduct of its meetings. The Chairperson will at hislher prerogative control discussion among board members and regulate public comment to facilitate adequate discussion, consideration, and decision making. Section 5. Conflict of Interest Personal viewpoints are not to be represented to outside organizations or individuals as being those of the authority, city, or city operating departments. Spacial or personal interests, which may not represent the betterment of the community must remain separate from the commissioners' obligations and actions. Conflicts of interest shall be avoided by all commissioners at all times. City Policy AD -1, Committee Selection Policy, shall apply, to all actions of the authority's members. Aricle VIR. Manner of Voting The voting on all questions coming before the Port Authority shall be by roll call, a,nd the yea and nay votes shall be entered upon the minutes of such meeting. 4 Article IX. Order of Business 1. Call to Order 2. Consent A. Approval of Minutes B. Bills and Communications C. Other Items Not Requiring Discussion 3. Old Business 4. New Business 5. Chairperson's Report 6. Executive Director's Report 7. Adjournment Article X. Committees The Chairperson shall appoint such advisory committees and subcommittees as he /she determines are necessary and select its members. No committee shall of more than five (5) members.. Committee and subcommittee members shall consist of commissioners and /or other persons selected by the Chairperson. The Chairperson shall define the purpose of the committee and subcommittee and the expected length of time necessary to complete a report. At any time these members may be replaced or removed as deemed necessary by the Chairperson. Article M. Annual Budget and Annual Report The Rosemount Port Authority, a Development Agency, shall develop an annual budget consistent with the requirements of Enabling Resolution No. 1991 -53 Rosemount City Code and Minnesota Statutes, Chapter 469, et seq. An Annual Report shall be presented by the Port Authority to the City Council each year during the month of April reviewing Authority plans; projects and expenditures of the previous year. All other reports shall be kept and distributed in accordance with various statutes and Enabling Resolution No. 1991 -53. 6i Article XII. Powers The Port Authority may exercise all of the powers contained in the Minnesota Statutes, Chapter 469, as modified by Section 469.0813 and according to Enabling Resolution No. 1991 -53. Article )CM. Amendments to Bylaws The Bylaws may be amended by a vote of a majority of the Commissioners only when the proposed amendment has been submitted in writing to all the Commissioners two weeks prior to the. meeting at which the amendment to be considered. Article XTV. Approval of Bylaws These Bylaws and any amendments to them shall be subject to the approval of the Rosemount City Council. Adopted: May 3 , 1993 at a regular meeting of the Rosemount Port Authority, a Development Agency. Chairperson ATTEST: AnK 1.