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Memorandum
To: Mayor Hicks and City Councihnembers
From: Melanie Mesko Lee
Date: February 27, 2008
Re: Ordinance Amendment Length of Commission Terms
Connell Action Rc~nested:
Council is requested to approve the fi~ reading and order a public hearing and second reading
regarding a change in City Code Chapter 30, changing the length of terms for the Planning
Commission and Natural Resources and Recreation Commission from its current two years in
length to three years in length, and deleting inconsistent language regazding when a term becomes
effective.
Background Information:
in an attempt to provide consistency with the length of the terms for which commissioners are
appointed, it is recommended that the Council consider setting all commission terms to a length
of 3 years, and delete inconsistent language in sections 30.05 and 30.06 of the City Code
addressing when a term becomes effective. With these deletions, section 30.01 should control
with the commissioners assuming office on January 1 following their appointment, confirmation
and qualification. This change does not address the issae of term limits (how many terms a
commissioner may serve), but makes consistent the length of each term (3 years) for commission
members.
Currently, the City has four commissions regulated under its Code of Ordinances. The Economic
Development and Heritage Preservation Commission both have length of terms of three years; the
Planning Commission and NRRC have length of bennts of two years. The Housing and
Redevelopment Commission and Police Civil Service Commission are regulated under state
statute. The proposed language change would provide that the four commissions outlined above
would have consistent length of terms of three years.
Current language under 30.02:
§ 30.61 BOARDS AND COMMISSIONS GENERALLY.
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 first regulaz meeting in
January of each year. The berm of each appointee shall be established and stated at the time of his or her
appoiutmetrt, and tests 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 shall be appointed to more than 3 full
consecutive terms. New appointees shall assume office on January 1, December 3i being the date of
expiration of terms. Provided, that the expiration shall not be effective until the new appointees have been
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confirmed and qualified. All vacancies shall be filled in the same manner as for an expired tens, but the
appointment shall be only for the unexpired term.
Proposed language regarding changing the length of terms for the Planning Commission and
NRRC:
Planning Commission
§ 30.05 (B) Term. Members of the Commission appointed by the Council as provided in division (A)
above shall serve for a term of eve-(3-}three 3 yeazs
~. A person appoimed to fill a vacancy due to resignation of a member or otherwise shall
complete the term of the person replaced.
NRRC:
§ 30.06 (C}(3) Term. Members of the Commission appointed by the Council shall serve for a term of ewe
r''~ee {3) years A person appointed to fill a
vacancy due to resignation of a member or otherwise shalt complete the term of the person replaced.
If you have any questions about this item, please do not hesitate to contact me.
ORDINANCE NO. ,THIRD SERIES
AN ORDINANCE OF THE CITY OFHASTINGS, MINNESOTA
AMENDING CHAPTER 3d OF THE HASTINGS CITYCODE PERTAINING TO CITY
ORGANIZATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFHASTINGSAS FOLLOWS:
Chapter 30 of the Hastings City Code is hereby amended and § 30.05(B) and §30.06(C)(3) shall
be deleted in their entirety and replaced as follows:
§ 30.05 (B) Term. Members of the Commission appointed by the Council as provided in
division (A) above shall serve for a term of ewe-E~}-three 3 years
. A person appointed to fill a vacancy due to resignation of a
member or otherwise shall complete the term of the person replaced.
§ 30.06 (C)(3) Term. Members of the Commission appointed by the Council shall serve for a
term of -three 31 ears A
person appointed to fill a vacancy due to resignation of a member or otherwise shall complete the
term of the person replaced.
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 3rd day of March, 200$, by the following
vote:
Ayes
Nays:
Absent:
ATTEST:
CITY OFHASTINGS
Paul J. Hicks, Mayor
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 3rd day of March,
2008, as disclosed by the records of the City of Hastings on fife and of record in the office.
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)