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VIII-C-1
Donald I. Flueget
Daniet J. Fluzget
Sean R_ McCarthy
FLUEGEL LAw FIRM P.A.
Attorneys At Law
1303 South Frontage Road, Suite 5
Hastings, MN 55033-?477
Memorandum
To: Honorable Mayor and City Council
From: Daniel J. FIuegel, City Attorne
Date: January 30, 2008
Subject: Ordinance Amendment -Heritage Preservation Commission
Request
Telephone 6S I -d38-9777
Fax 65t-438-9775
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.
Proposed Change
The proposed City Code Amendment would allow memhers of the Heritage Preservation
Commission to be appointed to an unlimited number of terms. The existing City Code § 34.01
provides that no board or commission member shall be appointed to more than three (3) full
consecutive terrns_ The requirements for appointment to the Heritage Preservation Commission are
rather specifzc and Ending members to serve these positions may pose a practical problem if the
memhers are allowed to serve only a limited number of terms. Melanie Mesko Lee and John
Grossman worked with one on these changes and have reviewed and approved the language of the
proposed ordinance amendment_
Attachments.
§ 30.01 Boards and Commissions Generally Ordinance Amendment.
DAN/ham
=~ Also admitted [o practice in Wisconsin
ORDINANCE NO. ,THIRD SERIES
AN ORDINANCE OF THE CITY OFHASTINGS, MINNESOTA
AIKENDING CIIAPTER 30 OF THE HASTINGS CITY CODE PERTAINING TO CITY
ORGANIZATIONS.
BE IT DRDA.l1VED BY THE CITY COUNCIL OF THE CITY OF. HASTINGSAS 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 GENERALLY.
Unless otherwise provided by charter, ordinance, or statute, atI 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 sa 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 shall
not be effective until the new appointees have been confirmed and qualified. All vacancies shall
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 shall 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 board
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 officio 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 him. Section 30.06 shall override any
inconsistency with this section.
(Prior Code, § 2.0 i )
Council member moved a second to this Resolution, and upon
being put to a vote it was unanimously adopted by all Council members present.
Adopted by the Hastings City Council on this 19th day of February, 2008, by the
following vote:
Ayes
Nays:
Absent:
CITY OFHASTINGS
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 19~' day of February,
2008, as disclosed by the records of the City of Hastings on file and of record in the office:
Melanie Mesko Lee,
City Clerk/Assistant City Administrator
THIS INSTRUMENT DRAFTED BY:
FLUEGEL LAWFIRMP.A.
1303 South Frontage Road, Suite #5
Hastings, MN 55033
651-438-9777
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