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9.4. SR 11-18-2019 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 9.4 Agenda Section Meeting Date Prepared by Work Session November 18, 2019 Cal Portner, City Administrator Item Description Reviewed by Discuss Advisory Boards and Commissions Tina Allard, City Clerk Reviewed by Action Requested Discuss and provide staff direction. Background/Discussion The City Council appoints residents to advisory boards and commissions to research, discuss and recommend policy options for Council consideration. Commission and board participation requires a significant time commitment from appointees as well as staff support. We have three commissions that seem to be lacking direction or clear role. As a result, there have been challenges maintaining appointments, meeting quorums and/or regular agenda items to hold a meeting. The Council should consider their desire,need or future direction for the following commissions/boards, Heritage Preservation Commission,Library Board, and Arena Commission. Financial Impact N/A Attachments ■ HPC enabling Ordinance ■ Library Board Bylaws ■ Ice Arena Commission Enabling Ordinance ■ Parks and Recreation Enabling Ordinance The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 DIVISION 2. - HERITAGE PRESERVATION COMMISSION Stale Illi a r urefcuieincc " uiqu6pall Iln&11age Iare eirvafi n, II" niq &aqs § 412 193. Sec. 2-211. - Established. A heritage preservation commission for the city is hereby established. (Code 1982, § 215.00) State Law reference—Heritage preservation commission authorized, Minn. Stats. § 471.193. Sec. 2-212. - Membership; officers. The heritage preservation commission shall consist of five members appointed by the city council for terms of three years. The last day for the term of office of each member shall be the last day of February; however, all members may continue service until either reappointed or replaced by the city council. A vacancy shall be filled by the city council for the remainder of the term. The members of the heritage preservation commission, by a majority vote, shall elect one of the appointed commissioners at the first meeting of the year to serve as chair and one to serve as vice chair. Commission members must be persons with demonstrated interest or expertise in historic preservation. Each commission member must be a resident of the City of Elk River. The heritage preservation commission shall include, if available, a member of the Sherburne County Historical Society. (Code 1982, § 215.04; Ord. No. 03-001, § 1, 1-10-2003; Ord. No. 10-16, § 1, 9-20-2010) State Law reference—Heritage preservation commission membership, Minn. Stats. § 471.193, subd. 5. Sec. 2-213. - Purpose. The heritage preservation commission is established to review and make recommendations to the city council on issues pertaining to the historical, archaeological, engineering, and cultural heritage of the city. The commission shall participate in the preservation and acquisition of the city's heritage and historical sites. (Code 1982, § 215.02) Sec. 2-214. - Powers and duties. The heritage preservation commission shall prepare, hold hearings on, and recommend to the city council such plans, programs, and policies as it deems necessary to carry out the purposes of this division. Such powers shall include, but are not limited to, the study of and recommendation to the city council on the following: (1) Work for the continuing education of the citizens of the city with respect to the historic and architectural heritage of the city. It shall keep current and public a register of designated heritage preservation sites and areas. (2) Conduct a continuing survey of all areas, places, buildings, structures, or similar objects in the city which the commission, on the basis of information available or presented to it, has reason to believe are, or will be, eligible for designation as heritage preservation sites. (3) Solicit gifts and contributions to be made to the city and assist in the preparation of applications for grant funds to be made to the city for the purpose of heritage preservation. (4) Recommend accepting the services on a permanent or part-time basis of technical experts and other such persons as may be required to perform its duties. (5) Make recommendation that an area, building, district or object be designated a heritage preservation site. (6) Review and make recommendations relative to requests for heritage preservation site alteration permits. (7) Recommend making application to the National Register or the Minnesota Historical Society for the designation of a historic site or district. (8) Make recommendations on the acquisition of sites eligible for designation as a heritage preservation site by gift, negotiation, or eminent domain as provided for in Minn. Stats. ch. 117. (Code 1982, § 215.06) Sec. 2-215. - Meetings and rules of procedure. The heritage preservation commission shall meet at least four times each calendar year, at such time and place as the commission shall determine. Notice of the commission meetings shall be communicated to the members, posted at city hall, and published in the city's official newspaper at least three days prior to the meeting. Except as provided in this division, all commission meetings shall be governed and operated pursuant to Robert's Rules of Order, Newly Revised (ninth edition) and open to the public. (Code 1982, § 215.08) State Law reference—Permissible powers for heritage preservation commission, Minn. Stats. § 471.193, subd. 3. Secs. 2-216-2-230. - Reserved. BY-LAWS OF THE ELK RIVER LIBRARY BOARD Article I Name The name of this organization shall be the Elk River Public Library Board. This Board is established under the authorization of Minnesota Statute Sec. 134.07-134.15. Article II Facility The Elk River Public Library is located in the city of Elk River at 13020 Orono Parkway. It is a branch of Great River Regional Library System, headquartered in St Cloud. Article 111 Purpose The purpose of the Elk River Public Library Board is to oversee the physical facility and grounds housing the Elk River Public Library, and to promote the best possible use of all library resources. Article IV Responsibilities The Elk River Public Library Board will be responsible for: Monitoring, reviewing and analyzing monthly expenditures of the Elk River Library. Seeing that an adequate physical facility and furnishings are provided. ■ Ensuring that heat, light, water and other utilities are provided (excluding telephone). ■ Overseeing the physical maintenance of the facility and grounds, including janitorial services and repairs. ■ Development and interpretation of policies pertaining to community room use. ■ Encouraging local special programming. ■ Reviewing and approving the Elk River Library budget before it is presented to City Council. Member(s) of the Library Board may attend the City Council meeting when the Library Services Coordinator presents the proposed budget. Article V Membership A. The voting membership shall consist of five members each serving a three-year term. B. Members of the Library Board must reside in Sherburne County and a majority of members must be city of Elk River residents. Page 1 of 5 C. All terms shall end with the calendar year. D. The Mayor, with the approval of the City Council, shall appoint a sufficient number of persons to fill the positions of those whose terms have expired. Members will be actively recruited by, but not limited to, advertisements in the local newspaper. E. The Library Board member shall not be eligible to serve more than three consecutive three-year terms per Minnesota Statute 134.09 Subd.2. F. The Library Services Coordinator and the Patton Services Supervisor from the Great River Regional Library will serve as ex -officio members. G. A member of the City Council can serve as a voting member of the Elk River Library Board or can serve as a non-voting Council Liaison to the Board. H. Not more than one Library Board member shall at any time be a member of the City Council. I. Library Board members shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the discharge of Library Board duties and activities. Article VI Vacancies, Attendance, Disqualifications A. The Library Board Chair shall report vacancies in the Library Board to the City Council, which shall fill the vacancies by appointment for the remainder of the term. B. A member shall be expected to maintain a suitable attendance record. Attendance is vital to board service and City Council expectations. Because attendance is important, the City Council has adopted the following attendance policy: Members shall be automatically removed for lack of attendance, Lack of attendance is defined as: Regularly scheduled monthly commissions — missing three (3) meetings (including regular and special meetings) scheduled during a calendar year. All other commissions — missing two (2) meetings (including regular and special meetings) scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this paragraph shall not continue to serve on the board and such removal shall create a Page 2 of 5 vacancy. A member may appeal the termination by requesting a heating before the City Council within 10 days of notice of termination. A standard commission attendance form shall be used by all commissions for the staff liaison to record attendance. The Office of the City Clerk shall forward the attendance record to the City Council at the end of each June and December for the Council to review. Commission members shall notify the staff liaison of planned absences 72 hours prior to the meeting missed. C. The Mayor, with the approval of the City Council, may remove any member for misconduct or neglect. Article VII Meetings A. Regular meetings shall be held on the fourth Tuesday of every other month at 5:30 p.m. at the Elk River Public Library. B. The January meeting shall be the annual meeting, at which time election of officers will occur. C. Additional meetings and committees shall be created as needed by the Chair. D. Robert's Rules of Order, latest revised edition, shall govern the parliamentary procedure. However, the following shall be accepted practice: 1. Three Library Board members shall constitute a quorum. 2. The majority vote of those eligible voters present shall be necessary to act upon any motion or recommendation. E. Meetings are open to the public. The Elk River Library Board follows all applicable Minnesota statutes. Article VIII Officers, Elections, Duties A. Officers of Elk River Library Board shall be: Chair, Vice -chair, and Secretary. B. Officers will be selected by the members of Library Board in January of each year. C. An elected officer cannot hold the same office for more than three consecutive one- year terms without a one-year break. D. Duties of the officers shall be: I. Chair Calls meetings to order. Page 3 of 5 ■ Presides and maintains order throughout the meeting. ■ Assists in compiling the meeting agenda. • Signs the meeting minutes after approved by the Library Board at a regular meeting. ■ Knows and abides by Robert's Rules of Order. ■ Knows and abides by city, regional, and state policies. II. Vice -Chair • Assumes the duties of the Chair in their absence. • Automatically becomes Chair if a vacancy occurs in the office, and serves out the remainder of the term. III.SecretW ■ Assumes the duties of the Chair in the absence of the Chair and Vice - chair. E. A city appointed staff person will distribute the minutes and agenda to all members prior to the next meeting, record attendance at each meeting, record minutes of each meeting and make a permanent file of all minutes which shall be available to the public on the City of Elk River website. F. The Library Services Coordinator is the Staff Liaison to the City. G. Each voting member has the right to make a nomination, including self -nomination, for an office. H. A vacancy in the office of Chair, Vice Chair or Secretary shall be filled by a vote at the next regularly scheduled meeting of the Library Board after the vacancy occurs. Article IX Annual Report Elk River City Council will receive an annual report of library activities by the Library Services Coordinator. When this report is presented, members of the Library Board may attend. Article X Library Fund A. There shall be created a library fund, which shall be kept separate from other accounts of the city. All monies received by the Elk River Public Library shall be paid into the city treasury, credited to the library fiend, and paid out only upon approval by City Council based on the city's financial policies. B. The Library Board is given monthly financial reports to track the status of budget line items approved by the City Council. Page 4 of 5 Article X1 Amendments to Bylaws A. Any changes to the Bylaws will be reviewed and approved by the Library Board and filed with the City Clerk's office. B. These bylaws may be amended at any regular meeting by a majority vote of the membership provided that the amendment(s) has (have) been submitted in writing at the previous regulu meeting. Adopted on 10ffr,,,,,,, Chair, Elk River Public Library Board Page 5 of 5 DIVISION 4. - ICE ARENA COMMISSION Sec. 2-251. - Established. There is hereby established in the city an ice arena commission. (Code 1982, § 217.00) Sec. 2-252. - Membership; officers; compensation of members. (a) The ice arena commission shall consist of seven members who shall be appointed by the council for terms of three years. The commission will consist of the following: (1) One representative designated by the Elk River Youth Hockey Association. (2) One representative designated by Independent School District 728. (3) One representative of the parks and recreation commission. (4) One representative of the city council. (5) Two representatives from the public selected by the city council. (6) One representative designated by the Elk River Skating Club. All terms shall end on the last day of February; however, members shall hold office until their successors have been appointed. 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. It is expected that a preference be given to city residents, but residency by itself shall not be a disqualification. (b) The members of the commission shall serve without pay or reimbursement for expenses. (Code 1982, §§ 217.04, 217.05; Ord. No. 03-002, § 1, 2-10-2003; Ord. No. 12-13, § 1, 8-6-2012) Sec. 2-253. - Purpose. The ice arena commission is established to make recommendations to the city council on the development and management of the city ice arena complex. The scope of the commission's responsibilities shall consist of advising the city council regarding matters relevant to the development and operation of the ice arena complex. (Code 1982, § 217.02) Sec. 2-254. - Powers and duties. The ice arena commission shall have those responsibilities assigned to it by this division, including: (1) Making recommendations to the city council with respect to: a. Operation of the ice arena complex. b. Rules and requirements for conduct within the ice arena complex. c. Capital improvements to the ice arena complex. d. Annual operating budgets and revenue sources. (2) Assisting in the promotion of the ice arena complex. (3) Submitting an annual report to the city council which shall include the commission's recommendations with respect to the items listed in subsections (1) and (2)of this section. (4) Listening to community input and comments on the operation of the ice arena complex. (5) Such other responsibilities as the city council shall assign from time to time. (Code 1982, § 217.06) Sec. 2-255. - Meetings and rules of procedure. The ice arena commission shall meet at least two times each calendar year. The dates, times, and locations will be established by city council resolution.Additional meetings may be held at any time at the call of the chair or the request of any two other commissioners. Notice of additional meetings, including the time and place thereof, shall be communicated to each member of the commission at least three days prior to the meeting, posted at city hall and, if time permits, published in the city's official newspaper. The commission shall be governed and operate pursuant to Robert's Rules of Order, Newly Revised (ninth edition). (Code 1982, § 217.07) Secs. 2-256-2-270. - Reserved. DIVISION 3. - PARK AND RECREATION COMMISSION Gross urefeireince .... �:�Iarks and irecreafion, c;Il 54. Sec. 2-231. - Established. A park and recreation commission for the city is hereby established. (Code 1982, § 216.02) Sec. 2-232. - Membership; officers; compensation of members;training courses. (a) The park and recreation commission shall consist of seven members appointed by the city council for terms of three years each. All terms shall end on the last day of February; however, commissioners shall hold office until their successors have been appointed. The terms of the members shall be staggered so that no more than three terms of office shall expire at one time. 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 a majority of the sitting members. It is expected that a preference be given to city residents, but residency by itself shall not be a disqualification. (b) The members of the commission shall serve without pay but may be reimbursed for actual expenses incurred while performing duties as a park and recreation commission member. (c) The commission members shall be encouraged to avail themselves of training courses offered by the city, state, and other governmental units and agencies, and the city council shall budget for the reimbursement of expenses incurred in training each year. (Code 1982, §§ 216.06, 216.08, 216.10; Ord. No. 03-003, § 1, 2-10-2003) Sec. 2-233. - Purpose. 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. (Code 1982, § 216.04) Sec. 2-234. - Powers and duties. (a) The park and recreation commission shall prepare, hold hearings on and recommend to the city council such plans, programs and policies as it deems necessary to carry out the purposes of this division. Such powers shall include, but not be limited to, the study of and recommendation to the city council on the following: (1) Land acquisition for park and recreation purposes. (2) Plans for and major improvements in city parks. (3) Rules and requirements for conduct of and in parks and recreation facilities. (4) Plans and programs relating to the design and programming of city parks. (5) Proposed amendments in the recreation section of the city growth management plan. (6) Development of a comprehensive city park and recreation plan and making recommendations on the implementation of this plan. (7) Assisting in the promotion of city parks. (8) Conducting periodic inspections of city parks and reviewing existing situations and making recommendations on improvements of city parks and recreation programs. (9) Discouraging the vandalism of city parks. (10) Working with a variety of organizations in ensuring the offering of an appropriate array of recreation opportunities for the youth and adults of the city. (11) Work with the city street/park superintendent to ensure the proper maintenance and development of city parks and park facilities. (12) Work with the city administrative staff in ensuring that appropriate park properties are obtained by the city during the city development platting process. (13) Any other plans and programs as may be assigned by the city council from time to time. (b) The commission shall not be considered a park board under state law and shall have no powers to acquire or lease land, employ personnel, or enter into contracts or leases, or any similar powers authorized for a park board by state law. (Code 1982, § 216.12) Sec. 2-235. - Meetings and rules of procedure. The park and recreation commission shall meet regularly each month. Special meetings may be held at any time upon the call of the chair. Notice of the time and place of a special meeting shall be communicated to the members and publicly noticed at least three days prior to the meeting except in the event of emergency. All commission meetings shall be open to the public except as provided in this division. The commission shall be governed and operate pursuant to Robert's Rules of Order, Newly Revised (ninth edition). (Code 1982, § 216.14) Sec. 2-236. - Reports and recommendations. The park and recreation commission's reports, conclusions and recommendations shall be made to the city council as may be requested. Its reports, conclusions and recommendations are purely advisory, and the final determination and responsibility shall be with the city council. The commission shall be aided and assisted in every possible way by the city administrator. (Code 1982, § 216.16) Secs. 2-237-2-250. - Reserved.