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03-242/'r�r�n�DZO— UGfd��- � a7D�3 Council File # ��!— o?SFeZ Green Sheet #, 200045 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �I Presented By Refened To Committee: Date 1 � 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Anthony Coletta - term expires January 1, 2006 Dan Scott - term expires January 1, 2006 REAPPOINTMENTS Matt Anfang - term expires January 1, 2006 Carole Murphy�- term expires January 1, 2006 Richard Kramer`=`�rm expires January 1, 2006 Christine Zimmer Lonetti - term expires January 1, 2006 Bxian Alton - term expixes January 1, 2606 Requested by Depariment oE By: RESOLVED, that the Saint Paul City Council consents to and approves the appoinhnents and reappoinhnents, made by the Mayor, of the following individuals to serve on the Planning Commission. APPOINTMENTS By � Adopted by Council: Date ///�� /J3 Adoptton Certified by Council Secretary � �3- a�� DEPARTMENT/OFFlCE/COUNCIL CFTE INmAiEO rra Office March 5, zoos GREEN SHEET No 200045 coniracr aEasori a a�e i�m�uom �rc�ma. IZurt Schultz 6-6590 3 oE.�rtr�+rowECra� rnrcanra. MUST BE ON COUNCIL AGENDA BY (DATEJ March 12, 2003 '�" ❑2 ❑ NUMBERFOR QfYAiiORIEV f�IYCLFRR ROUTING ORDFR ❑AIAMCIRLaE0.VIeFiOYt RIa1KLLaERVIACeTG � YAYOR1oR�9�lA1R) ❑ TOTAL # OF SIGNATURE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) CTION REQl1ESTFp Approving the appointment of Anthony Coletta and Dan Scott to the Planning Commission. Approving the reappointment of Matt.Anfang, Carole Murphy Faricy, Richard Kramer, and Christine Zimmer Lonetti to the Planning Commission. RECOMMENDATION P.PPfOV6 (A) W REjeCf (R) PERSONALSERVICE CANiRACTS MUSTANSWER 7HE FOLLOWING QUESiIONS: 7. Has this persoNfi�m everwnrked under a contract torMie tleparlmenl'7 PLANNING CAMMISSION VES NO CIB COMMITTEE 2. Has ihie persaJfirm eoxr hem a city empbyee? CIVILSERVICECOMMISSION vES NO 3. Does Nis P�rm Go%�ss a sldll not riwmalNPOSSessseE q' anY curterM1 citl emPioyee? YES NO 4. Is this persorJfirtn a farpMetl vendoh YE3 NO - F�ylain all yes arowers on separate sheet aM atlach W preen sheet INITIATMG PROBLEM ISSUE, OPPORTUNI7V (INho, Wliat, When, Where, Wliy) � ADVAN7AGESIFAPPROVED DISADVANTAGESIFAPPROVED - DiSADVANTAGES iF NOT APPROVED TOTAL AMOUNT OF TRANSACTION S COST/REVENUE BUOfiETED (CIRCLE ONk7 YES NO FUNDING SOURCE ACTNITY NUMBER FINANCIAL INFORMATION (IXPWt� �3- a�� Interdepartmental Memorandum CITY OF SAINT PAUL DATE: September 24, 2003 TO: City Council President Bostrom City Council members' Blakey, Coleman, Harris, Benanav, Reiter, Lantry FROM: Peter Wamer, CAO RE: CouncilrequestforinformationregazdingappointmentstoCityplanningCommission EXECUTIVE SUIVIlVIARY A planing commissioner may serve a term of three (3) years. There is no limit on the number of terms a planning commissioner may serve. All person5 appointed to serve on the planning cammission are subjeM to the wnsent of the City Council. If the City Council does not consent to an appointment, the appointment faiis. BACKGROUND The Council requested the City Aitorney's Office to provide information concerning the process for making appointments to the City's planning commission and whether there aze limits on the number of terms a pianning commissioner may serve. AUTHORITY TO ESTABLISH PLANNING COMMISSION The City has established a planning comtnission under authority of Minn. Stat. § 462.354, Subd. 1 which provides in relevant part that a city "may by charter or ordinance create a planning agency" and that "the planning agency may take the following alternative forms: (1) it may consist of a planning commission,. . . : ' PLANIVING COMNIISSION ESTABLISHEA Pursuant to Minn. Stat. § 462.354, Subd.l, the Cityhas created a planning commission underAdmin. Code § 107.01 which states: AA-ADA-EEO Eanployer 4.3 - ��� City Council Memo: Planning Commission Terms September 24, 2003 Page two "There is hereby created an advisory planning commission. The commission shall consist of twenty-one (21) voting members appointed by the mayor with consent of the council. Initially, seven (7) members shall be appointed for a term of three (3) yeazs, seven members shall be appointed for a term of two (2) yeazs and seven (7) members shall be appointed for a term of one (1) yeaz. Thereafter, the terms of commission members shall be for three (3) yeazs and until their successors aze appointed." APPOIN'TMENT OF COMMISSIONERS TO PLANNING COMMISSION City Charter § 3.01.8 provides that "The mayor shall, with the advice and consent of the council, appoint members of boards and commissions and such advisory committees as are established by the mayor or by the council" City Charter §3.01.8, exclusively confers upon the mayor the authority to make appointments to the pianning commission. It is mandatory, under the ]anguage of both City Charter § 3.01.8 and Admin. Code § 107.01, that confirmation of a person appointed to the planning commission by ihe mayor requires the consent of the city councii. Without the city council's consent to the mayor's appointment to the planning commission, the appointment fails. LENGTH OF TERM OF COMMISSIONERS The "initial" appointments to the planning commission having long since past, under Admin. Code § 107.01, the current term of a planning commission member is three (3) years. No limits are placed on the number of terms a planning commissioner could serve under the provisions of Minn. Stat. § 462.354, Subd 1, City Charter §3.01.8 or Admin. Code § 107.01. Without any limit on the namber of terms specified in state law, the city charter or the administrative code, and so long as the appointment is consented to by the city council, there is nothing to ]imit a planning commissioner from being appointed to serve unlimited consecutive three year terms. It is noteworthy that the Appendices to the Administrative Code at Chapter A-14, entitled "Policy Concerning Citizen Committees," states the following as a matter of City policy at §III, 9[ F: "No citizen committee member or any citizen committee or commission, whether established by city council resolution or ordinance, shali serve more than three (3) consecutive terms or six (6) years, whichever is longer." If the restriction on the number of terms under Admin. Code App. A-14 § III, 9[ F was applicable to the pianning commission, a planning commissioner could serve no more than nine consecuti ve years. [Three consecutive three-yeaz terms provided under Admin. Code § 107.01 is the "longer" period of the three consecutive terms or six yeus specified for under Admin. Code App. A-14 § III, 9[ F]. AA-ADA-EEO Employer �s - ��� City Council Memo: Planning Commission Terms September 24, 2003 Pagethree Aowever, the various adopted provisions and policies set forth in the Appendices to the Administrative Code aze not enactments of administrative ordinances which would control how a particulaz matter is handled as required under the City Charter. Therefore, it cannot be said as a matter of law that the limitations on terms set forth in Admin. Code App. A-14 § III, 9[ F is either mandatory or controlling or that they preempt, modify or amend the provisions of Admin. Code § 107.01. Nevertheless, the provisions and policies in the duly adopted Appendices have been memorialized as a legislative statement of city policy regazding the number of terms an appointee to a citizen committee might serve. And, assuming that the duly adopted policy in Admin. Code App. A-14 § ITI, 9[ F could also be fairiy read to apply to City boazds and commissions as weil, there is a reasoned basis to state as a matter of City policy that a person appointed to the planning commission should serve no more than three consecutive terms. Under the plain reading of City Charter §3.01.8 and Admin. Code § 107.01, if the City Council consents to the reappointments of planning commissioners for an additional term, the appointment has been ratified and would be vaIid under the duly adopted ordinances of the City. PW W AA-ADA-EEO Employer 0� •a�a L`I'I'Y �F � �A�. 390 City Hall Telephone: 651-266-8510 RandyC.Ke11y,Mayor 15WestKelloggBoulevard Facsimile:651-266-8513 Saint Paul, MN 55102 To: Saint Paul Citv Councilmembers Council President Dan Bostrom Councilmember Jay Benanav Councilmember Jerry Blakey Councilmember Chris Coleman Councilmember Patrick Harris Councilmember Kathy Lantry Councilmember 7ames Reiter From: Kurt Schultz Assistant to the Mayor Date: March 5, 2003 RE: Planning Commission Mayor Kelly has recommended the appointment of Anthony Coletta and Dan Scott to the Planning Commission. The terxns of each of these individuals shall expire on January 1, 2006. Mayor Kelly has recommended the reappoinhnent of Matt Anfang, Carole Murphy Faricy, Richard Kramer and Christine Zimmer Lonetti to the Planning Commission. The terms of each of these individuals shall expire on January 1, 2006. Attached is a copy of the resolution nominaring these individuals as well as the applications for his appointments. Please remember that certain information on the applications is classified as private and should not be released to the public. Feel free to contact me at 266-6590 if you have any questions regazding these appointments and reappoinhnents. Attachments ca Larry Soderholm - Planning Commission Staff Person � - �� �, . � , .J OFFICE OF THE MAYOR 390 CTTY HALL SAINT PAUL, MINNESOTA 55102 Phone: 266-8525 FAX: 266-8513 � .� r v3-.7�/02 � �Z-ZZ-9'� �no,r, p-P� Name: �k��E� L. SCtstt �'�� I Home Address: Street Telephone Number: Planning District Council: Preferred Mailing Address: What is your occupation? Place of Employment: Committee(s) App(ied For: Zip jHome) �t0-943�- (�Vork)2-�I�'35.56 (FAX)272 City Council Ward: A�oJ� �ING � Ftl�'{C� C•�. Sr.7kuc..) . - T' - T � Sr_ . ��u� � ,�� r� (Y>>u,u�t�te�/ K TK-ES � S(�itL� � C.a„�,(.�n.��/l wv�.�,> P���= tiT r� �dv✓E c� �.(-t�.G��T. The information included in this application is considered private data according to the Minnesota Government Data Practices Act. As a result, this information is not released to the general public. (O VER) Rev. 8-5-97 MuNtc.+nf4-��,rfc5 �t.��2s Mi}n/kr- A-tz+tiR-Erz� !N ictkG-2J b_�R�ESS c oN�YU 1� � � What skills, training or experience do you possess for the committee(s) for which you seek appointment? � ' Name: Address; Phone: Name: Address: Phone: Name: PERSONAL REFERFNC`g ` � 1�-a 5/a UA/t Address• .,, , _ „ 1 1 r./ ,M ►J 5 $- ( Phone: (Flomel ��d 7� 4�? — L,d.2 a _-- _ /� - —. - Reasons for your interest in this particular committee: � Have you had previous conYact with the committee for which you are making application? If so, when, and the circumstances? In an attempt to ensure that committee,representation reflects the makeup of our community, please check the line applicable to you. This information is strictly voluntary. —�_ White (Caucasian) Black (African American) American Indian or Alaskan Eskimo �_ Male Female . Disabled: yes ' �� If special accommodations are needed, please specify: Hispanic Asian or Pacific Islander Date of Birth: _ 04 !i ! How did you hear about this opening? �3-a�a Application for Committee, Board, or Commission Please return to Mark Engebretson Mayor's Office, Room 390 City Hall 15 West Kellogg Blvd., Saint Paul, MN 55102 Phone:651-266-8533 Fax:651-266-8513 The Minnesota Govemment Data Praciices Act (Minnesota Statutes Chapter 13) governs the City's use of the information contained in this application. Some of the information sought in this application is private data under the Act. TLe requested information will be used by the appoin[ing authority to carry out the City's official appointment responsibilities. You are not required to provide any iaformation. However, failure to answer the application questions may cause the appointing authority to reject your application. The majority of items contained in this application are public, including name, address, employment, skills, training and experience, and are therefore available to anyone requesting it. The remaining items on the application form are c(assified as private. The private data is available only ro you and to other persons in the Ci[y who, because of work assignments, reasonably require access to the information. Name Home add:ess Telephones � CaS�/5�`f�—C�a y>> PleaseinciudeAreaCOdes I home j' work tax E-mail address �;,,y�-'n�,,.,,� �;,�.�'1�G lcJ_ P��.-I6�ar1 r>,:.,a Planning District Council Preferred mailing address City Council Ward� ���' � Occupation �y,,, y�„��,,�e.1�9/ �aG)nc��?✓` Placeofemployment �:u�iN�e.r�u��,,.c� ��re ��v�sTiyY/'c�,.S Employment address (',��?.?�: (,v /y..� S, � L��„ �r�iriz� M'�'` �S��L(� Committee(s) applied for �����ht ��, 5� i`«;,� What skills/training or experience do you possess for the committee(s) for which you seek appointment? /)fJCtSl .�� ��nyfe^✓JC-Q oJ �:;jc!I�n'r.�J� ��'C✓'lkl /Xa)c�/ L�tP.n?j '(ti1.:1 �v�vf� W1� 1� / T �^ N UH G V9l'�� �.$/f IHGI✓�e �UGw' un�f S�G�Q. �G✓G✓N✓+C.il�. // ��cs4y / f f r � � IVIS�I�vt�CNS� U2J�1d�d✓S 4N(:{ Iuv2S�eJ.y. /lN.� u�7�N� �eta��� /NG�G`ia� �i / 1 4Hnln� e,.�,.�r.-•iS4iu� u..�z 1 cohs%Jer 4H.� ocr a.�� cf T"N2 et�J� c��ft�hce �' J i 7GC�CVS �d� �l.. 'SHO..� �r.�c'� c?u�et�aK�e page 1 of 2 1��� d� �c.Kc,lUw�tY t�Al��! )S �r�L'JS A� L'�c�Y�.rietiGL I �:'ddC[.7 �.nr,tiiic,L�w2.n� s l�GGD:Ji� �HLrv1GG�a»�tQ�:.� c.`.2 � .. v3• a�� Personal References Name ��t. �Ya c u�at� Address �"f `� /�.�a�'Ntac�� pi�c '.. S�_ �f�C3 ��h�e� �/✓/^l �'`/�7 Telephones ��IS ��j�^s(c�2 Please include Area Codes home work other Name �v . ��nv. �a�r5l� Address L��4^ (,�s�n�v,clovi liV�- 5: �=��n �J4lV�L,MN '�5�3`�y Telephones cYSz� �[ Please iuclude Area Codes home work other Name f�5: �i�na Zsv�nv�Ae�SE2� Address _?�O�r '�c,zJ�iue Q�l��� ,� �l� L [�CK� L�tos�Z9, �� Ss3l� Telephones y57_ i `/�J Please include Area Cades home work other Reasons for your interest in this particular committee �5 ;,:„� Pp�f'��„_ �,� In an attempt to ensure that committee representation reflects the makeup of our community, please check the box applicable to you. This information is strictly voluntary. �White (Caecasiaa) � Eispanic �Black (African-American) � Asian or Pacific Islander � American Indian or Alaskan Eskimo �Male Female � Date of birth �� �?�� Disabled: � Yes No � If special accommodations are needed, please specify How did you hear about this opening? Gipy �7 .s"� f� � page 2 of 2 Have you had previous contact with the committee for which you are making application? If so, when, and under what circumstances?