5.1. SR 12-07-1998ITEM 5.1.
'ity of
iver
TO:
MEMORANDUM
Mayor and City Council
FROM: Sandra Peine, City Clerk
DATE:
November 23, 1998
SUBJECT: Board and Commission Residency Issue
On August 24, the City Council reviewed a petition from Cecilia Scheel
requesting that the City of Elk River not allow nonresidents to serve on any
commission or board of the city. The Council took no action at that time but
requested the issue to be brought back for discussion prior to making
appointments to boards and commissions at the beginning of the new year.
Boards and commission rules are set by city ordinance, by-laws and/or state
statute. Following is an explanation of whether or not residency is a
requirement and how the requirement or non-requirement issue for each
commission/board has been determined.
· UTILITIES COMMISSION...Residency is not a requirement.
The City Ordinance specifically states that, "residence shall not be a
qualification for membership on the Public Utilities Commission
unless the Council so provides by resolution."
The City Ordinance mimics State Statute 412.341 Sub. I on this
issue.
· ICE ARENA COMMISSION... Residency is not a requirement.
The City Ordinance specifically states that, "As the Commission
advises the City Council on activities that affect individuals outside of
the City limits, it is, therefore, acceptable for non-city residents to be
members of the Ice Arena Commission."
· PARK AND RECREATION COMMISSION... Allows 2 non-resident
members on the Commission.
The issue of residency is addressed by the City Ordinance. Residency
is not addressed in State Statute.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Council Memo
Residency
December 7, 1998
Page 2
The City Ordinance specifically states that, "As the Commission
advises on recreation activities that help determine activities that
affect individuals outside of the City limits, it is, therefore, acceptable
for non-city residents to be members of the Park and Recreation
Commission. At least six members of the Park and Recreation
Commission must be residents of the City of Elk River."
PLANNING COMMISSION... Residency is not addressed.
Residency on the Planning Commission is not addressed in the City
Code nor is it addressed in the State Statute.
LIBRARY BOARD...Residency is not a requirement according to
State Statute.
Residency is not addressed in the City Ordinance or in the Library By-
Laws. It is, however, addressed in State Statute 134.09 Subd. 1.
The Statute reads as follows, "If the city library is a branch or a
member of a regional public library system, the mayor, with the
approval of the city council, may appoint to the city library board,
residents of the county, provided that the county is participating in the
regional public library system and that the majority of the members of
the city library board are residents of the city."
EDA...Non-residents are not permitted to serve on the EDA
according to the EDA enabling resolution.
The EDA enabling resolution specifically requires that members of the
EDA are comprised of members of the City Council and residents of the
City.
The EDA Resolution reads as follows: "The Commissioners of the
Authority shall include the Mayor of the City of Elk River, three (3)
additional members of the City Council of the City of Elk River, and
three (3) residents of the City of Elk River who are not members of the
City Council."
HRA...Members of the HRA must be residents of the city.
Although this issue is not addressed in the HRA By-Laws, it is
addressed in State Statute 469.003 Subd. 5.
Council Memo
Residency
December 7, 1998
Page 3
The Statute reads as follows: "An authority shall consist of five
commissioners, who shall be residents of the area of operation of the
authority."
The Planning Commission is the only commission where residency is not
addressed. All other boards and commissions have the issue addressed by
ordinance, statute or by-laws.
\\elkriver\sys\shrdoc\council\residenc.doc
210.00 - PUBLIC UTILITIES COMMISSION CONTINUED
There is hereby continued as heretofore established, in the City
of Elk River, a Public Utilities Commission for the City pursuant
to the provisions of Minnesota Statutes, Sections 412.321 to
412.391.
210.02 - MEM]3ERSHIP
The Public Utilities Commission shall consist of three (3) members
appointed by the Council. No more than one (1) member may be
chosen from the Council membership. Each member shall serve for a
term of three (3) years and until his successor is appointed and
qualified, except that of the members initially appointed, one
shall serve for a term of one (1) year, one for a term of two (2)
years, and one for a term of three (3) years. Residence shall not
~e a qualification for membershi? on the Pub, li~ Utilities
vacancy on the Commission shall be filled by the Council for the
unexpired term.
210.04 - ORGANIZATION
The Public Utilities Commission shall adopt rules for its own
proceedings which shall provide, among other things, for at least
one regular meeting by the Commission each month. It shall
annually choose a president from amon9 its own members and shall
also appoint a secretary for an indefinite term. The secretary
need not be a member of the Commission and may be the City
Administrator. No member of the Commission shall receive a salary
except as fixed by the Council. The secretary shall receive a
salary fixed by the Commission.
210.06 - JURISDICTION
The following public utilities shall be within the jurisdiction of
the Public Utilities Commission:
1. City water system.
2. City light and power system.
210.08 - POWERS
1. The Public Utilities Commission shall have power to extend
and to modify or rebuild any public utility within its
2.13
SECTION 217.00 ESTABLIS~ OF I~E ARENA COMMISSIO~N~
217.00 - ESTABLIS~RUIENT OF ICE ARENA COMMISSION
There is hereby established in the City of Elk River an Ice Arena
Commission pursuant to the provisions of this Ordinance.
217.02 - PURPOSE OF COMMISSION
The Ice Arena Commission is established to make recommendations to
the City Council on the development and management of the City of
Elk River Ice Arena Complex. The scope of the Commission's
responsibilities shall consist of advising the City Council
re~arding matters relevant to the development and operation of the
Ice Arena Complex.
217.04 - MEMBERS AND TERMS
The Ice Arena Commission shall consist of seven (7) members who
shall be appointed by the Council for terms of three (3) years.
The Commission will consist of the following:
2 representatives designated by the Elk River Youth'Hockey
Association.
i representative designated by Independent School District
728.
The Elk River Area Community Recreation Director.
1 representative of the Elk River City Council.
2 representatives from the public.
A vacancy during the term of any member shall be filled by City
Council appointment for the remainder of the term. Officers of
the Commission shall consist of Chair, Vice Chair, and Secretary,
as elected by the Commission. The Chair shall preside at all
meetings of the Commission if present, and perform all other
duties and functions assigned by the Commission or the City
Council. The Vice Chair shall perform these duties in the absence
of the Chair. If a vacancy occurs in the Chair Office, the Vice
Chair shall assume the Chair's duties for the remainder of the
year and a new Vice Chair shall be elected by the Commission at
the next scheduled Commission meeting. The Secretary shall
prepare minutes of the Commission meetings and assume the Chair's
duties in the absence of the Chair and Vice Chair. A quorum shall
consist of a majority of the sitting members. As the Commission ,,
advises the City Council on activities that affect individuals_
putside of the City limits, it is, therefore, acceptable for non~
~ity residents to be members of the Ice Arena Commission`
216.00
ABOLITION OF PARK BOARD AND RECREATION BOARD
The Park Board and Recreation Board in and for the City of Elk
River heretofore established pursuant to the provisions of
Minnesota Statutes, Section 412.501 to 412.531, is hereby
abolished.
216.02 - ESTABLISKMENT OF PARK AND RECREATION COMMISSION
A City Park and Recreation Commission for the City of Elk River is
hereby established. This Park and Recreation Commission is
established pursuant to the authority given by the Minnesota
Statutes Section 412.
216.04 - PURPOSE OF COMMISSION
The Park and Recreation Commission is established to review and to
make recommendations to the City Council on the development and
organization of the City parks and City recreation programs. The
scope of the Commission shall consist of advising the City Council
regarding matters relevant to the parks and recreation functions
of the City. The Commission shall participate in the planning for
development and acquisition of parks and recreation programs.
216.06 - MEMBERSHIP AND TERM~
The Park and Recreation Commission shall consist of eight (8)
members appointed by the City Council for terms of three (3) years
each. The terms of the members shall be staggered so that no more
than three (3) terms of office shall expire at one time. The last
day for the term of office shall expire at one time. The last day
for the term of office of each member shall be December 31,
however, all members may continue service until either reappointed
or replaced by the City Council. All appointments shall be made
by the City Council and a vacancy shall be filled by the City
Council for the remainder of the term. Officers of the Park and
Recreation Commission shall consist of Chair, Vice Chair and
Secretary. The Chair shall preside at all meetings of the
Commission if present, and perform all other duties and functions
assigned by the Commission or the City Council. The Vice Chair
shall perform these duties in absence of the Chair. If a vacancy
occurs in the Chair Office, the Vice Chair shall assume the
Chair's duties for the remainder of the year and a new Vice Chair
shall be elected by the Commission at the next scheduled
Commission meeting. A quorum shall consist of five of the
members. As the Commission advises on recreation activities t~a~
held determine actfv/t/es_ that affect indfviduals outside of the
~ity limit~, it..is~ therefore, acceptable for non-city residents-'
~p be members of the Park and Recreation Commission. At least si~
members of the Park and Recreation Commission must be residents of
She City of Elk River~
Subdivision 1. Appointment. When public library service is established, except in any
city of the first class operating under a home rule charter, the mayor of the city with the ap-
proval of the council for a city library or the board of commissioners for a county library,
shall appoint a board of five, seven or nine members from among the residents of the city or
county. If the city library is a branch or a member of a regional public library system, as de-
fined in section 134.001, the mayor, with t.he appr6(,al of the city council, may appoint tO
.city library board, residents of the county, provided that the county is participating in the re-
gional public library system and that the majority of the members of the city library board a.re.
residents of the city. The number of members on the board shall be determined by resolutidn-
or ordinance adopted by the council or the board of commissioners. Not more than one coun"
cil member or county commissioner shall at any time be a member of the library board. The
appointments shall be made before the first meeting of the library board after the end of the
fiscal year.
Subd. 2. Term of office. If nine board members are appointed, three shall hold office for
one year, three for two years and three for three years. If seven members are appointed, three
shall hold office for one year, two for two years, and two for three years; if five are appointed,
two shall hold office for one year, two for two years, and one for three years. All terms shall
end with the fiscal year. Annually the mayor with the approval of the council, or the board of
county commissioners shall appoint board members for the term of three years until their
successors qualify a sufficient number of members to fill the places of those whose term or
terms expire. A library board member shall not be eligible to serve more than three consecu-
tive three-year terms.
Subd. 3. Removal of members. The mayor with the approval of the council, or the
board of county commissioners may remove any member for misconduct or neglect.
Subd. 4. Abolishment. Upon recommendation of a majority of any library board
created under the provisions of subdivision 1, the governing body of the city or county may
abolish the library board at the end of any fiscal year provided that the governing body shall
simultaneously establish a successor library board of either five, seven or nine members by
resolution or ordinance. The appointment of successor board members shall be made as pro-
vided in subdivision 1. The terms of successor board members shall be as provided in subdi-
vision 2. .
History: (5663) RL s 2257; 1943 c 245 s 1; 1945 c 46 s 1,2; 1961 c 235 s 1; 1973 c
123 art 5 s 7; 1983 c 314 art 11 s 3; 1986 c 471 s 2 · · ..
134.10 BOARD VACANCIES; COMPENSATION.
The library board president shall report vacancies in the board to the council or the
board of county commissioners. The council or board of county commissioners shall fill the
vacancies by appointment for the unexpired term. Library board members shall receive 'no
compensation for their services but may be reimbursed for actual and necessary traveling
expenses incurred in the discharge of library board duties and activities or a per diem allow-
ance according to section 375.47 in place of the expenses.~ "
History: (5664}'RL s 2258:'1983 c 314 art I I .~ 4) 1087 c :fOR art 0 · 1
~~SOo~._ON 94-122
RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION MODIFYING RESOLUTION NO. 87'63
ESTABLISHING AN~NOMIC DEVELOPMES~ A~
FOR THE CITY OF ELK RIVER, MINNESOTA
WHEREAS, Minnesota Statutes 469.090 St sec. (the Statute)
authorizes the City of Elk River-~the City) to' establish
an Economic Development Authority pursuant to the
procedures and subject to the restrictions set'forth
therein; and,
WHEREAS, on October 7, 1987, the City Council for the City of Elk
River (the City Council) adopted Resolution No. 87-63
creating the City of Elk River Economic Development
Authority (the AuthoriTy); and,
WHEREAS, on February 12, 1990, the City Council adopted Resolution
No. 90-5 to ex?and the Authority from five (5) to seven
(7) Con~issioners by including two (2) residents to se?ye
the Authority at-large; and,
WHEREAS, the City Council finds that it is in the best interest of
the City and its residents to further broaden the
representation on the Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Elk River, Minnesota, as follows:
Paragraphs 2(a) and 2(b) of City Council Resolution
No. 87-63, the enabling resolution for the Economic
Development Authority for the City of Elk River,
Minnesota, are hereby amended to read as follows:
2. .Cormmi s s loners
(a)
The Commissioners of the Authority shall
'- ] ~ of the Cit of Elk
~hree (3) additional members Of the Citv~.
~ouncil of the City of Elk River, and three~
~(3) residents of the City of Elk River who
are not members of the City Council. The --
M~yor shall make all appointments t6 the
Authority, with the approval of the City
Council. -
(b)
The terms of the Commissioners who are
members of the City Council shall coincide
with their te~-m of office, unless a
469.003 ECONOMIC DEVEI~PMENT 962
any powers until the governing body of the city shall, by resolution, find that in that city (1)
substandard, slum, or blighted areas exist which cannot be redeveloped without government
assistance, or (2) there is a shortage of decent, safe, and sanitary dwelling accommodations
available to persons of Iow income and their families at rentals they can afford, and shall de-
clare that there is need for a housing and redevelopment authority to function in that city. In
determining whether dwelling accommodations are unsafe or unsanitary, or whether sub-
standard, slum, or blighted areas exis!, the governing body may consider the degree of deteri-
oration, obsolescence, or overcrowding, the percentage of land coverage, the light, air, space,
and access available to inhabitants of the dwelling accommodations, the size and arrange-
ment of rooms, the sanitary facilities, the extent to which conditions exist in the buildings that
endanger life or property by fire or other causes, and the original land planning, lot layout,
and conditions' of title in the area.
Subd. 2. Public hearing. The governing body of a city shall consider such a resolution
only after a public hearing is held on it after publication of notice in a newspaper of general
circulation in the city at least once not less than ten days nor more than 30 days prior to the
date of the hearing. Opportunity to be heard shall be granted to all residents of the city and to
all other interested persons. The resolution shall be published in the same manner in which
ordinances are published in the municipality.
Subd. 3. Conclusiveness of resolution. When the resolution becomes finally effective,
it shall be sufficient and conclusive for all purposes if it declares that there is need for an au-
thority and finds in substantially the terms provided in subdivision 1 that the conditions
therein described exist.
Subd. 4. Copy filed with commissioner of trade and economic development. When
the resolution becomes finally effective, the clerk of the city shall file a certified copy of it
with the commissioner of trade and economic development. In any suit, action, or proceed-
ing involving the validity or enforcement of or relating to any contract of an authority, the
authority Shall be conclusively deemed to have become established and authorized to trans-
act business and exercise its powers upon that filing. Proof of the resolution and of that filing
may be made in any such suit, action, or proceeding by a certificate of the commissioner of
trade and economic development.
Subd. 5. Commissioners. An authority ~holl consist of five commissioners, who shalJ
~.e residents of the area of operation of the a-uthoritv, who shall be appointed after the reso?-
t~on becomes finally effective~
Subd. 6. Appointment; approval; term; vacancy. The commissioners shall be
pointed by the mayor, with the approval of the governing body. Those initially appointed
shall be appointed for terms of one, two, three, four, and five years, respectively. Thereafter
all commissioners shall be appointed for five-year terms. Each vacancy in an unexpired term
shall be filled for the remainder of the term for which the original appointment was made
Any member of the governing body of a city may be appointed and may serve as a commis-
sioner of the authority for the city. The council of any city which appoints members of the
council as commissioners may set the terms of office of a commissioner to coincide with the
commissioner's term of office as a council member.
Subd. 7. Certificate of appointment; filing. Commissioners shall hold office until
their successors have been appointed and qualified. A certificate of appointment of each
commissioner shall be filed with the clerk and a certified copy shall be transmitted to the
commissigner of trade and economic development. A certificate so filed shall be conclusive
evidence of appointment.
History: 1986 c 444; 1987 c 291 s 3; 1987 c 312 art 1 s 26 subd 2
469.004 COUNTY AND MULTICOUNTY HOUSING AND REDEVELOPMEN'I'
AUTHORITIES.
Subdivision 1. Preliminary county findings and declaration. There is created in
county in this state other than those counties in which a county housing authority has b~-'z
created by special act, a public body, corporate and politic, to be known as the housing
redevelopment authority of that county, hereinafter referred to as county authont)- ·
county authority shall transact any business or exercise any powers until the governing