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HomeMy WebLinkAbout2012-02-13 PACKET 07.A.City of Cotta Grove Minnesota To: Parks, Recreation and Natural Resources Commission From: Zac Dockter, Parks and Recreation Director CC: Date: January 4, 2012 Subject: Parks, Recreation and NR Commission Bylaw Review Introduction The Parks, Recreation and Natural Resources Commission is required to periodically approve its bylaws at the annual organizational meeting in March. In doing so, the commission must review the bylaws a minimum of two consecutive meetings prior to taking formal action. This staff report is the second presentation of the bylaws for commission review. Background The bylaws presented have been in practice for over 10 years with minimal change. The commission should freely discuss any points of concern with the bylaws so those can be further edited into draft bylaws. The draft will be updated by staff based on those recommendations and presented to the commissioners over the next two meetings. One particular item staff believes merits discussion from the Commission is the regular meeting schedule. Considering the commission typically cancels two to four meetings per year due to lack of agenda, staff is recommending the commission consider reducing the meeting schedule to 8 meetings per year. The suggested regular meeting schedule would include the months of February, March, May, June, August, September, November and December. Meetings would continue to be held on the second Monday of the month at 7pm at City Hall. You'll find this reflected in the red -lined changes to the 2011 draft bylaws under E.1.b. It should be further noted that the commission retains the right as explained in E.1.c. to call a "special meeting" should a point of concern arise between any of the regularly scheduled meetings. Finally, the bylaws also state that officers shall be nominated and appointed at the annual meeting in March. Current officers are: Chair: Paul Poncin Vice - Chair: Keith Kleinsasser Secretary: Bill Schumal There are no term limits and these officers may be nominated for the same position in the coming year. Recommendation Review 2011 Draft Bylaws of the Parks, Recreation and Natural Resources Commission to provide staff with direction for any recommended changes. CITY OF COTTAGE GROVE A. Authority 1. State of Minnesota — Municipal Planning Act as amended. 2. Name — The official name of this Commission is the Parks, Recreation and Natural Resource Commission of the City of Cottage Grove, hereafter referred to as the Parks Commission and is authorized to adopt rules of procedure according to Title 2 -1 -8 of the City Code of the City of Cottage Grove, Washington County, State of Minnesota. 3. Governinq Regulations —The laws of the State of Minnesota and the ordinances of the City of Cottage Grove supersede any part of these rules. 4. Rules of Order — In matters not covered in these rules of procedure, the conduct of the Parks Commission shall be guided by "Robert's Rules of Order, Newly Revised." 5. Open Meeting Law —The Parks Commission and all Committees thereof shall be subject to the Minnesota Open Meeting Law. B. Enablement and Amendments 1. These rules of procedure, hereafter referred to as the Rules, shall take effect upon adoption only by an affirmative vote of five (5) members of entire Parks Commission appointed at the time. 2. These rules may be amended only at regular meetings of the Parks Commission and by not less than 2/3 of the Commission members consenting to any amendment, and with any amendment to these rules receiving consideration for at least two (2) consecutive regular meetings before adoption and inclusion in these rules. Amendments will normally be given consideration at the annual Parks Commission organizational meeting. C. Purpose 1. The primary purpose and duties of the Parks Commission shall be to: A. Develop programs providing for maximum use of resources within the City as they relate to parks, recreation and natural resources. B. Aid and assist the City in formulating and following sound conservation and land use management practices. 2009 Parks Commission Rules Page 2 of 9 C. Assist City staff and the Planning Commission in the preparation and implementation of a comprehensive park and open space plan. D. Aid the appointed City staff liaison, park planning consultants, and others in the preparation of site plans for new and existing parks and open space areas, conservancy areas and scenic overlooks. E. Make recommendations to the appointed City staff liaison and City Council regarding the care, maintenance, and development of City parks. F. Review all preliminary plats for commercial, industrial, and residential development within the City, to ensure that all park and open space properties, trails, and other environmentally significant areas designated for acquisition and /or development are acquired and preserved from urban development. G. Act as liaison between the Council and City organizations that provide recreational programs; provide a forum for open discussion of issues by the public. H. Review all plans or applications submitted to the City that may affect any City natural resource. I. Review and provide feedback and direction on existing City recreation programs and assist the Recreation Division in the development of new programs and services. J. Review equipment needs of the City parks and playgrounds and make recommendations to the Council on the purchase of such equipment. K. Maintain and refine the City park profile. L. Assist in the development of ordinances relating to parks, recreation and natural resources. M. Assist the appointed City staff liaison in the prioritization and recommendation of capital improvement projects within the parks and open spaces. N. Provide a continuing analysis of programs and services to meet citizens' recreational needs, protect the environment and enhance the quality of life in the community. O. Participate in the planning and development of all State and regional parks and park reserves acquired and developed within the City by the County, State, or Federal government. P. Review engineering and site plans for City improvements that may in any way change the characteristics of any City park land. (1971 Code § 2 -58; amd. 2000 Code) 2. The Parks Commission shall consider and report on every matter referred to the Commission by the City Council. 2009 Parks Commission Rules Page 3 of 9 D. Membership Number and Term — The Commission shall consist of Seven (7) members, each appointed by the City council for terms of two (2) years, beginning March 1. No Parks Commission member may serve more than three consecutive terms. Appointments to fill vacancies shall be only for the unexpired portion of such vacancy; filling an unexpired term of one year or less shall not be counted against the limit of three consecutive terms. 2. Qualifications — All members of the Commission must meet the following qualifications: a. Each Parks Commission member shall be a resident of the City. 3. Attendance and Resignation a. Resignation from the Parks Commission shall be in writing to the Chair of the Parks Commission who will notify the City Council and request a new appointment. b. Absence From Meetings: Unexcused absence from three (3) consecutive regular meetings of the commission or four (4) meetings in any one year period (beginning March 1) shall be deemed to constitute a resignation of a member, and the vacancy thus created shall be filled thereafter. To be excused, an absence must be requested in writing by the affected member, granted by the commission chairperson (or the vice chair if the chairperson makes the request) and the council liaison and filed with the city clerk. Absences may be excused for extenuating circumstances that prevent the member's attendance, such as business demands, state of health, or personal emergencies. (Ord. 694, 5 -2 -2001) c. Removal of Members: The council shall, by majority vote, have the authority to remove any member of the commission from office whenever in its discretion the best interest of the city shall be served thereby. A member removed from office shall, upon request, have a right of appeal before the council. (1971 Code § 2 -46) 4. Ex- Officio Members — Ex officio members of the Parks Commission, who shall be nonvoting members, shall be the Mayor and members of the City Council. The Council or Parks commission chairperson may appoint ex officio, nonvoting members to the Parks commission when such appointment, in the sole discretion of the appointing authority, is deemed beneficial to aiding the Parks commission to fulfill its assigned duties, such ex officio member to serve for a term designated by the appointing authority. (1971 Code § 2 -44; amd. 2000 Code) E. Procedures 1. Meetings a. Annual Meetinq — The Commission shall have the annual meeting at the first regular meeting in March of each year, at which time appointments shall be received, officers 2009 Parks Commission Rules Page 4 of 9 elected, rules adopted, committees appointed, and such other business transacted as the Parks Commission decides. b. Regular Meetings — The Parks Commission shall have regular meetings on the second Monday of the month (if the regular meeting falls on a City holiday, the preceding Monday shall be the regular meeting for that month) in Febuary, March, May, June, August, September, November and December at 7:00 p.m. The Parks Commission may elect not to consider any item of new business on the agenda after 10:00 P.M. c. Special Meetings —The Commission may hold special meetings, anytime outside of the regular meetings by: 1) the call of the Chair of the Commission, 2) by petition of four (4) commission members, or 3) the call of the City Council. Special meetings shall require notice to all commission members in writing and mailed at least five days prior to such meeting or personal notice at least twenty -four (24) hours in advance. 2. Quorum and Votinq a. A simple majority of the appointed and voting members shall constitute a quorum for any meeting of the Parks Commission. b. A majority of the Parks Commission present and voting shall decide all questions excepting extra requirements for amending the Rules, suspending the Rules, and regulations superseding the Rules. c. A roll call vote shall betaken when there is division on any question. The members shall be polled with the Chair voting last. d. Every member shall vote for or against the motions before the Parks Commission, unless he /she has declared a conflict of interest or by a majority vote of the Parks Commission members present a member is determined to be immediately in the question, in which case the member shall not vote. e. When a member declines to vote on a motion, he /she shall be required to give his /her reasons. The Chair then will put the question to the Parks Commission, "Shall the member, for the reasons given by him /her be excused from voting ?" which shall be decided without debate. f. The order of voting on the previous question shall each be voted upon in reverse order of receiving the amendments and then upon the main question. 3. Motions a. No motion shall be debated until there is a second to the motion. b. No motion shall debated until that motion is restated by the Chair or upon the direction of the Chair restated by the recording staff from his /her notes. 2009 Parks Commission Rules Page 5 of 9 c. A motion to adjourn shall always be in order except during roll call. When a motion to adjourn is made, it shall be in order for the Chair to permit any member to state any fact to the Parks Commission relative to the condition or amount of business before the Parks Commission which would seem to render it improper to adjourn at that time. Such statement, however, shall not be debatable and shall not in any case, occupy more than two (2) minutes. d. A motion to adjourn shall always be in order, also a motion to adjourn to a time certain. The latter motion is debatable. When either motion is rejected, it shall not be renewed until further business has been transacted or further discussion has taken place. e. After a motion is stated by the Chair or read by the recording staff, it shall be considered to be in possession of the Parks Commission, but may be withdrawn by the author at any time before decision or amendment. f. A motion or amendment shall be written out and presented to the Parks Commission if the Chair, the recording staff, or any members so request. g. When a question has once been made and carried in the affirmative or negative, it shall be in order for any member who voted with the prevailing side to move for the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after the motion, resolution, report, or other official action upon which the vote was taken shall have gone to the Council, announcing the Parks Commission decision. h. Precedence of Motions —When a question is under debate, no motion shall be received, but: 1) To adjourn to a time certain. 2) To adjourn. 3) To lay on the table. 4) Call for the question. Motions 2, 3, and 4 shall be decided without debate. 5) To commit to committee. 6) To postpone to a certain day. 7) To amend, or 8) To postpone indefinitely The above motions shall have precedence in order from 1 through 8. 4. Agenda and Order of Business a. The business at a regular meeting shall include such items as: b Call to Order b Roll Call for Attendance Approval of Agenda b Presentations Open Forum 2009 Parks Commission Rules Page 6 of 9 b Consent Items b Old Business * New business b Applications and Requests b Other Items b Secretary's Report (minutes, agenda, etc.) b Staff Reports Committee Reports b Non - agenda Items Adjournment 5. Initiation of Business a. The City Council may direct other business to the consideration of the Parks Commission for report to the City Council. b. The Parks Commission may initiate any business within the laws of the State of Minnesota and the ordinances of the City of Cottage Grove. 6. Types of Action by the Parks Commission a. All recommendations of the Parks Commission are subject to review and final action by the City Council. b. Adoption of and changes to the Rules. In accordance with Item B, Enablement and Amendments, noted herein. c. Adoption of and changes to motions of the Parks Commission with the direction or recommendation within the authority of the Commission. d. Initiation of studies on matters within the authority of the Parks Commission with reports to the Parks Commission required of every committee or sub - committee of all activities and results. 7. Public Participation a. All meetings of the Commission shall be open to the Public. b. If the applicant is not present, the item may be moved to the end of the agenda. If the applicant has not arrived, the item may be continued to the next available public hearing. F. Officers 1. Officers — The officers of the Parks Commission for 20 shall be and their duties shall include: a. Chair 2009 Parks Commission Rules Page 7 of 9 1) Shall preside over the Parks Commission, and be charged with all powers and duties pertaining to such presiding officers. 2) Shall preserve order and decorum, and in case of disorderly conduct or disturbance in the audience, may order the area to be cleared. 3) Shall have general control, except as provided by rule or law of the portion of the municipal building being used by the Parks Commission at the time of Parks Commission meetings. 4) Shall from time to time represent the Parks Commission at City Council meetings, other organizations and to the public, subject to the implied direction set by the Parks Commission and representing both majority and minority points of view on applicable issues. 5) Shall appoint members to the committees of the Parks Commission, if necessary. 6) Shall appoint acting officers of the Parks Commission and to generally supervise and direct the work of the Commission. 7) May prepare and present an annual report to the City Council. b. Vice -Chair 1) During the absence, disability, or disqualification of the Chair, the Vice -Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. c. Secretary 1) Shall ensure minutes and records are kept of all proceedings of the Parks Commission. 2) Shall ensure attendance records are kept of the official meetings and report his /her findings to the City Council prior to the first regular City Council meeting in January of each year. 3) Shall serve as Acting Chair of the Parks Commission in the absence of the Chair and Vice Chair. 2. Appointment and Election of Officers a. Chair — The Chair of the Parks Commission shall be elected by the Parks Commission with ratification by the City Council. b. Term —Each officer shall be elected by the Parks Commission at the annual meeting to serve a term of one (1) year or until a successor is duly elected. 2009 Parks Commission Rules Page 8 of 9 c. Vacancy — Should any officer, other than the Chair, vacate his /her office by resignation or other valid reason, the Chair may appoint a member to act in and carry out the duties of the vacated office until the Parks Commission fills the vacancy by election. 3. Appointment of Parks Commission Members a. Notify other city commissions of openings. b. Contact and invite interested citizens. c. All applications of citizens interested in serving on a commission will be kept on file in the office of the Administrator for at least two (2) years and shall be shared with all other city commissions. d. Parks Commission Chair or appropriate Commission Officer and the City Council liaison shall interview candidates and make recommendations to the City Council. G. Committees 1. General Provisions a. Types of Committees — The Parks Commission or the Chair of the Commission may direct the appointment of standing and special committees. b. Appointments —The Chair of the Parks Commission shall appoint members of the Parks Commission to committees subject to the approval of the Parks Commission and the consent of each member for the committee on which he /she is to serve. c. Substitutes — The Chair of the Parks Commission or the Chair of the Committee may appoint substitute and additional commission members subject to the appointment procedures of these Rules. d. Attendance — All meetings of any committees are open to any member of the Parks Commission; all members of the Parks Commission shall be notified of Committee meetings. e. Committee Actions 1) Committees shall work on assignments as directed by the Parks Commission, the Rules Committee, or the Chair of the Parks Commission. 2) All committee Chairs shall file written reports or minutes as directed by the Parks Commission or as requested by the Secretary or recording staff for historical background on issues. 3) All committees may appoint special sub - committees for specific purposes. 2. Standing Committees 2009 Parks Commission Rules Page 9 of 9 a. Service — Standing committees may be appointed at each annual meeting and may serve in a permanent status during the following year. b. Quorum —Each standing committee must have a quorum of two (2) members to transact business. 3. Special Committees & Liaisons a. Special committees for specific purposes may be appointed by the Commission or the Chair of the Commission, subject to the appointment procedures of these Rules, to serve for less than a period of one (1) year or until a project is completed. b. The Commission shall appoint a representative to the Advisory Committee on Historical Preservation. Adopted this day of , 20 -9, by the City of Cottage Grove Parks, Recreation and Natural Resource Commission.