Loading...
HomeMy WebLinkAbout20080303 - VIII-C-1_, ,.. , ,.,.. .. .:,. _ . ~., ~ _ ,, .~ , , . ~ ~ -- ~ .. . , r. _ . _ _ _ ~ ... a__ . ,. , .:._~, .._ ~ To: Mayor Ricks and City Councilmembers From: Melanie Mesko Lee Date: February 27, 2008 Re: Ordinance Amendment heritage Preservation Commission Council Action Requested: Council is requested to approve the following change in City Code Chapter 30, allowing members of the Heritage Preservation Commission to serve an unlimited number of terms, while outlining the reappointment process once three consecutive terms have been served. Background Information: At the February 19 Council meeting, the Council held a public hearing and considered a second reading pertaining to exempting the HPC from term limits. This exemption was formally adopted by the Council in 2005, and was inadvertently excluded as part of the 2407 recodffication. At the February 19 meeting, the Council indicated general support for maintaining the HFC's exemption from the term limit provision currently in place for all City commissions; current language states: "No board or commission member shall be appointed to more them 3 full consecutive terms. "The Council also directed staff to draft language which would articulate that, following a commissioner serving 3 full consecutive terms, the City would request applications from residents as well as incumbents wishing to serve on the commission. The public hearing for this issue was held on February 19, and action was subsequently tabled for development of amended language. The following ordinance amendment language is proposed: § 30.01 BOARDS AND CONLMLSSIONS GENERALLY. Unless otherwise provided by charter, ordinance, or statute, ail board and commission appointments shall be made by the Mayor and the appointments confirmed by the Council at the first 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 boazd 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 ful} 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. Ali 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 shah be chosen from and by the board or commission membership at its first regular meeting in December of each year to serve far the next calendar year, provided, that no chairperson shall be elected who has not completed at least i 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 yeaz 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 regulaz 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. § 30.10 HERITAGE PRESERVATION COMMISSION. 30.01 (C) (3): (3} Appointment of members. Members shall be appointed by the Mayor, with the approval of the Council, upon recommendation by the Connmission. Initial appointments shall be 2 members for 1 year, 2 members for 2 years, and 3 members for 3 years. Subsequent appointments shall be for a term of 3 years. Vacancies from resignation or other causes shall be filled by appointment for the remainder of the unexpired term. Near the completion of the last year of an incumbent commission member's third full consecutive term appointment applications shall be requested from the residents of the City of Hastings All applications shall be reviewed for recommendation for appointment Members shall serve without compensation and continue to hold office until their successors have been appointed and qualified. 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 30 OF THE HASTINGS CITY CODE PERTAINING TO CITY ORGANIZATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFHASTINGS AS FOLLOWS: Moved by Councilmember Chapter 30 of the Hastings City Code is hereby amended and § 30.01 and § 30.10 shall be deleted in its entirety and replaced as follows: § 30.01 BOARDS AND COMIVIISSIONS 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 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 3anuary 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. § 30.10 HERITAGE PRESERVATION CONIlVIISSION. 30.01 (C) (3): (3) Appointment of members. Members shall be appointed by the Mayor, with the approval of the Council, upon recommendation by the Commission. Initial appointments shall be 2 members for 1 year, 2 members for 2 years, and 3 members for 3 years. Subsequent appointments shall be for a term of 3 years. Vacancies from resignation or other causes shall be filled by appointment for the remainder of the unexpired term. Near the completion of the last year of an incumbent commission member's third full consecutive term appointment, applications shall be requested from the residents of the City of Hastings. All applications shall be reviewed for recommendation for appointment. Members shall serve without compensation and continue to hold office until their successors have been appointed acid qualified. Councihnember moved a second to this Resolution, and upon being put to a vote it was adopted by all Council members present. Adopted by the Hastings City Council on this day of , 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 LAW FIRMP.A. 1303 South Frontage Road, Suite #5 Hastings, MN 55033 651-438-9777 (DAN)