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HomeMy WebLinkAbout20080204 - VI-06VI-6 Donald J. Flueget Davie! J. Flue~el Sean R. McCaahy FLUEGEL LAW FIRM P.A. Attorneys At Law 1303 south Frontage Koad. Suite 5 Hastings. MN 55033-?477 Telephone 651-438-4777 Fax 6~i-438-9775 Memorandum To: Honorable Mayor and City Council From: Daniel J_ F}uegel, City Attarne Date: January 30, 2008 Subject: Ordinance Amendment -Heritage Preservation Commission Rerttses~ The City Council is asked to complete a first reading and order a public hearing to consider adopting changes to City Code § 30.01 pertaining to Boards and Commissions Generally_ Protnosed Changes. The proposed City Code Amendment would allow members of the Heritage Preservation Commission to be appointed to an unlimited number of terms. The existing City Code § 30.Q 1 provides that na board or commission member shall be appointed to more than three (3} full consecutive terms. The requirements for appointment to the Heritage Preservation Commission are rather specific and finding members to serve these positions may pose a practical problem if the members are allowed to serve only a limited nzzmber of terms. Melanie Mesko Lee and John Grossman worked with me on these changes and have reviewed and approved the language of the praposed ordinance Amendment_ Attachments. § 34.41 Boards and Commissions Generally Ordinance Amendment. DAN/ham x Alsa admitted to practice in Wisconsin ORDINANCE NO. ,THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 30 OF THE HASTINGS CITY CODE PERTAINING TO CITY ORGANIZATIONS. BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OFHASTINGS AS FOLLOWS: Chapter 30 of the Hastings City Code is hereby amended and § 30.01 shall be deleted in its entirety and replaced as follows: § 30.01 BOARDS AND COMMISSIONS GENERALLIT. Unless otherwise provided by charter, ordinance, or statute, all board and commission appointments shall be made by the Mayor and the appointments confirmed by the Council at the fast regular meeting in January of each year. The term of each appointee shall be established and stated at the time of his or her appointment, and terms of present board and commission members may be re--established and changed so as to give effect to this section. No board or commission member other than a member of the Heritage Preservation Commission shall be appointed to more than 3 full consecutive terms. Heritage Preservation Commission members may be appointed to an unlimited number of terms_ New appointees shall assume office on January 1, December 31 being the date of expiration of terms. Provided, that the expiration shalt not be effective until the new appointees have been confirmed and qualified. All vacancies sha11 be filled in the same manner as for an expired term, but the appointment shall be only for the unexpired term. No appointed board or commission member shah be an employee of the city, unless otherwise provided by ordinance. All appointed board and commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in performance of their duties when the expenses are authorized by the Council_ The chairperson and secretary shall be chosen from and by the board or commission membership at its first regular meeting in December of each year to serve for the next calendar year, provided, that no chairperson shall be elected who has not completed at least 1 year (by the beginning of his or her term as chairperson) as a member of the board or commission. The chairperson shall be selected from the members retiring on December 31, next following the year for which the selection is made. Any board or commission member may be removed by the Council for misfeasance, malfeasance, or nonfeasance in office and that position filled as any other vacancy_ Each boazd and commission shall hold its regular meetings at a time established and approved by the Council, and when a member of the Council can be present. The City Administrator shall be an ex oi~cio member of all boards and commissions; provided, that if the Administrator is unable to attend a meeting or act in the capacity of the membership, the Administrator may be represented by his or her assistant or some person duly authorized by hirn_ Section 30.06 shall override any inconsistency with this section. (Prior Code, § 2.01) Council member being put to a vote it was unanimously adopted by alt Council members present. moved a second to this Resolution, and upon Adopted by the Hastings City Council on this I9th day of February, 2008, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk/ Assistant City Administrator I hereby certify that the above is a true and correct copy of the Resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota., on the I9a` day of February, 2008, as disclosed by the records of the City of Hastings on file and of record in the off ce. Melanie Mesko Lee, City Clerk/Assistant City Administrator THIS INSTRUMENT DRAFTED BY: FLUEGEL LAW FIRMP.A. 1303 South Frontage Road, Suite #5 Hastings, MN 55033 651-438-9777 (DAN}