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HomeMy WebLinkAboutOrdinance No. 2021-02 Amending Chapt 2 Boards Committees and CommissionsORDINANCE NO. 2021-02 AN ORDINANCE AMENDING CHAPTER 2 OF THE EDINA CITY CODE CONCERNING BOARDS, COMMITTEES AND COMMISSIONS THE CITY COUNCIL OF EDINA ORDAINS: Page 1 of 5 Section 1. Chapter 2, Article III, of the Edina City Code is amended by adding the following provisions: Sec. 2-78. Establishment. (a) Authority to establish. Pursuant to Minn. Stats. § 412.621, and other such statutes as are specifically cited herein, the council establishes or continues the following boards and commissions to advise the council with respect to municipal functions and activities and to investigate subjects of interest to the city. (b) How established. A board or commission may be established by a majority vote of the council. An ordinance shall be adopted prescribing the purpose, duties and composition of the board or commission. (c) Subject to provisions in this chapter. All boards and commissions established by the council shall be subject to the provisions of this chapter, unless otherwise specified in city ordinance or state law. (d) Purposes and duties generally. All boards and commissions established by the council shall be advisory to the council and shall have the responsibility to: (1) Investigate matters within the scope of the particular board or commission or as specifically directed by the council. (2) Advise the council by communicating the viewpoint or advice of the board or commission. (3) At the direction of the council, hold hearings, receive evidence, conduct investigations, and, on the basis of such hearings, evidence and investigations, make decisions and recommendations to the council. (e) Advisory role. A board or commission established by the council shall not assume the role of an administrative or legislative body. (Code 1970; Code 1992, § 1500.01; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012) Sec. 2-79. Cooperation of city officials subject to direction of city manager. The City Mmanager may make available city staff members to perform administrative duties and records management on behalf of the board or commission. record and prepare minutes of board and commission meetings. Such staff members shall perform only such clerical duties on behalf of a board or commission as provided in the bylaws of that board or commission or as assigned by the chairperson with the consent of the manager. The manager may assign additional staff to assist a board or commission. (Code 1970; Code 1992, § 1500.02; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012) Created: 2021-03-11 12:41:06 [EST] (Supp. No. 11) Page 2 of 5 Sec. 2-80. Membership. (a) Regular members. Regular members of boards and commissions established by the council shall be adult residents of the city unless otherwise expressly stated by ordinance. Members who discontinue legal residency in the city shall automatically be deemed to have resigned from the board or commission office as of the date of such discontinuance. (b) Student members. Student members shall be residents of the city or officially open enrolled as a student at Edina High School and entering sophomore, junior or senior year. Student members shall be nonvoting. (1) Until September 1, 2021, each commission may have up to three student members and two thereafter. (Code 1970; Code 1992, § 1500.03; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012; Ord. No. 2015-11 , § 1, 8-5-2015; Ord. No. 2018-8 , § 1, 6-5-2018; Ord. No. 2020-12 , § 1, 8-18-2020) Sec. 2-81. Appointment and terms of membership. (a) Regular members. Commission members shall be appointed by majority vote of the council. Members of Arts and Culture Commission, Edina Community Health Commission, Energy and Environment Commission, Construction Board of Appeals, Heritage Preservation Commission, Human Rights and Relations Commission, Park Commission, Transportation Commission, and Board of Appeal and Equalization are eligible to serve two, three-year terms. Members of the Pplanning Ccommission are eligible to serve three, three-year terms. A member in good standing shall serve until a successor has been appointed. (b) Student members. Student members shall be appointed by majority vote of the council and serve in one-year terms. are eligible to serve two, one-year terms. (c) Resignation and removal. Members shall serve without compensation and may resign voluntarily by letter or e-mail to the city manager or designee or be removed by majority vote of the council or pursuant to Ssection 2-80 or 2-86. (d) Vacancies. Vacancies in membership may be filled by majority vote of the council for the balance of the unexpired term. (e) Term of appointment to fill vacancy. A person appointed to fill a vacancy shall be eligible to serve term limits as defined in paragraph (a) in addition to the balance of the unexpired term. (f) No concurrent membership. No person may serve concurrently on more than one board or commission. (g) Staggered terms. Terms of membership shall be staggered so that no more than one-half of the terms on a board or commission expire in any particular year. (h) Change in board or commission appointment. All uninterrupted board or commission service will count towards the term limit of the current position, (i) Total term limits. Regular members who complete the defined term limits in paragraph (a) are ineligible to serve on any board or commission for one year. (Code 1970; Code 1992, § 1500.04; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012; Ord. No. 2015-11 , § 1, 8-5-2015; Ord. No. 2015-24 , § 2, 12-1-2015; Ord. No. 2017-01 , § 1, 3-7-2017) Created: 2021-03-11 12:41:06 [EST] (Supp. No. 11) Page 3 of 5 Sec. 2-82. Subcommittees and Working Groups. subcommittees. (a) Establishment. A board or commission may, with specific approval of the council or pursuant to its bylaws, establish committees, subcommittees, committees of the whole or working groups. that include members of the board or commission and additional persons as requested by the board or commission. (b) Composition. Subcommittees are comprised of board or commission members only. Working groups are comprised of board or commission members in addition to public members. Neither subcommittees or working groups may include a number board or commissioner members equal to or greater than the number sufficient to constitute a quorum of that board or commission. (b) (c) Prohibition. A committee, subcommittee, committee of the whole or working group may not engage in activities, functions, or duties outside the scope of authority granted to the board or commission by which it was established. (Code 1970; Code 1992, § 1500.05; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012) Sec. 2-83. Officers Organization and bylaws. (a) Bylaws. Each board or commission will be governed by such bylaws as approved by the city council. (b) (a) Chairperson and vice-chairperson. Each board or commission annually shall elect from its members a chairperson and vice-chairperson to serve a term of one year. No person shall serve more than three consecutive one-year terms as chairperson of a particular board or commission. A chairperson elected to fill a vacancy shall be eligible to serve three full terms in addition to the remainder of the vacated term. There are no term limits for the position of vice-chairperson. (Code 1970; Code 1992, § 1500.06; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012; Ord. No. 2015-11 , § 1, 8-5-2015; Ord. No. 2017-01 , § 2, 3-7-2017) Sec. 2-84. Time, location and types conduct of meetings. (a) Regular meetings. All board and commission meetings are open meetings subject to the Minnesota Open Meeting Law (Minn. Stats. ch. 13D) and shall be held at a fixed time, on a fixed date and in a fixed place as shall be determined by the board or commission. The city clerk shall give notice of all board and commission meetings as required for meetings of public bodies. A regular scheduled meeting may be rescheduled by a majority vote at a prior meeting. (b) Special meetings. Special meetings can be called by the chair, City Council, City Manager or by a majority vote of members. Notice of special meetings must conform to the Minnesota Open Meeting Law. Public comment. All board and commission meetings shall include scheduled time for public comment. (c) Quorum. A simple majority of voting members, appointed and serving, shall constitute a quorum for any regular or special meeting. If a quorum is not established or maintained during the course of a meeting, no votes on board or commission business may be taken except a motion to adjourn or recess. (d) Meetings conducted according to bylaws. All meetings shall be conducted according to the bylaws of the board or commission. Page 4 of 5 (Code 1970; Code 1992, § 1500.07; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012) Sec. 2-85. Meeting minutes. (a) Official record. Approved minutes of board or commission proceedings shall be public record; the city shall retain a copy of the official minutes of each board or commission meeting in accordance with applicable state law. (b) Recording. The City Manager may make available a city staff member to serve as a meeting minutes recorder. A board or commission may appoint from its membership a secretary to record and prepare meeting minutes. Minutes so recorded Recorded minutes shall be reviewed and approved by the board or commission. and a copy forwarded to the city clerk. In the alternative, the manager may make available to the board or commission a member of city staff to serve as secretary to record and prepare meeting minutes. (c) Distributed to city council. Official minutes of each board or commission meeting shall be distributed to the council prior to the first regular council meeting after approval of the minutes by the board or commission. (Code 1970; Code 1992, § 1500.08; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012) Sec. 2-86. Attendance requirements. (a) Purpose. To assist boards and commissions in fulfilling their purposes and duties and to ensure that they are not prevented from doing so by the repeated absence of their members, the council hereby establishes an attendance policy for members serving on boards and commissions. (b) Removal. Any member of a board or commission established by the council shall be deemed to have resigned as a member of the board or commission under the following circumstances: (1) The regular member fails to attend is absent from three consecutive regular meetings, or for a regular member of the planning commission fails to attend is absent from four consecutive regular meetings. (2) The regular member fails to does not attend at least 75 percent of the regular scheduled meetings in any calendar year, not including the joint work sessions with the council. For a regular member, whose term begins during a calendar year, attendance in that calendar year is measured as at least 75 percent of the scheduled meetings following the beginning of the member's term. (c) Exceptions. (1) The requirements of this subsection shall not apply to attendance at special meetings, or of meetings of subcommittees or working groups. subcommittees, including committees of the whole, established by a board or commission pursuant to section 2-82. (2) The requirements of this subsection shall not apply to members of the housing and redevelopment authority of the city, the East Edina Housing Foundation or the city council. (d) Annual review. The council shall conduct an annual review of the attendance of members of boards and commissions established by the council. (e) Vacancies. The successor to any member of a board or commission who has been removed pursuant to this subsection shall be appointed pursuant to section 2-81. Page 5 of 5 (Code 1970; Code 1992, § 1500.09; Ord. No. 162, 4-4-1974; Ord. No. 162-A1, 3-6-1975; Ord. No. 162-A2, § 180, 5- 16-1990; Ord. No. 2007-21, 1-2-2008; Ord. No. 2009-7, 5-5-2009; Ord. No. 2011-02, 2-10-2011; Ord. No. 2011-14, 8-4-2011; Ord. No. 2012-06, 2-21-2012; 2014-12 , § 1, 8-19-2014; Ord. No. 2017-01 , § 3, 3-7-2017; Ord. No. 2018- 03 , §§ 1, 2, 2-21-2018) Secs. 2-87—2-115. Reserved. This ordinance is effective upon adoption. First Reading: April 6, 2021 Second Reading: April 20,2021 Published: ATTEST: _________________________________ _________________________________ Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on: Send one affidavit of publication Bill to Edina City Clerk