5.3. HPSR 07-16-2020Bylaws
of
The Heritage Preservation Commission
for the City of Elk River, Minnesota
PREAMBLE
The HPC exists to preserve sites of historical and cultural significance to maintain the qualities of the City’s
“small town” heritage for the citizens of Elk River and anyone who visits the City by identifying, reviewing
and making recommendations to the City Council on issues pertaining to the historical, archaeological,
engineering, and cultural heritage of the City.
ARTICLE 1 – AUTHORITY
1.1) Name - The legal name of the HPC is "The Heritage Preservation Commission for the City of Elk
River."
1.2) Principal Office - The principal office of the HPC shall be the City of Elk River City Hall unless otherwise
determined by resolution of the HPC.
1.3) Enabling Authority - The HPC shall exist and operate under the supervision of the City of Elk River,
Minnesota (the City), in accordance with Minnesota Statutes Sections 469.090 through 469.1081 as
amended and revised (the Statute) and Resolution No. xx-xx of the City Council of the City of Elk
River (the Enabling Resolution), as amended from time to time.
1.4) General Powers and Duties - The HPC shall be a public body corporate and politic and shall have all
the powers necessary or convenient to carry out the purposes of a Heritage Preservation Commission,
including the powers granted by the Statute.
1.5) Membership – The HPC shall consist of seven commissioners. Four of which shall be residents of the
City of Elk River with the remaining Commissioners representing areas outside of the city. The City
Council, when appointing members, shall give preference to Elk River residents.
ARTICLE 2 - MEETINGS
2.1) Open to the Public - All meetings of the HPC shall be open to the public and governed by the
Minnesota Open Meeting Law, Minn. Stat. Section 471.705.
2:2) Quorum - A majority of the commissioners in office at any time shall constitute a quorum for all
purposes. There shall be a quorum to conduct business at all meetings. If a quorum is not present at any
regular or special meeting, those present shall adjourn the meeting to the next regular meeting, unless a
special meeting is called before the next regular meeting.
2.3) Rules of Order - Meetings shall be conducted in accordance with Robert's Rules of Order Revised.
2.4) Voting - In addition to a quorum being required for each meeting of the HPC in order to transact
business, a majority of all of the commissioners present shall be required to approve any matter before
the commissioners.
2.5) Regular Meetings
(01) Time and Place – Regular meetings shall be held on the 3rd Thursday of the following months:
January, March, May, July, September, November at 6:00 p.m. Any regular meeting falling upon a
holiday shall be held on the next business day at the same time and place. Regular meetings shall be
held by the HPC at such time and place as determined by the HPC, unless the HPC, by subsequent
resolution, establishes a different time and place for regular meetings.
(02) Notice - No separate notice need be given for regular meetings held at the time and place designated by
the Enabling Resolution of the HPC.
(03) Order of Business - The suggested order of business at regular meetings shall be:
1. Call meeting to order.
2. Pledge of Allegiance
3. Consider Agenda.
4. Consider the Minutes.
5. Public Hearings.
6. General Business.
7. Work Session.
8. Adjournment.
2.6) Annual Meeting – The HPC shall hold an annual joint meeting with the City Council on the first
Monday of December, as part of the regular meeting of the City Council. The Chair and Vice Chair of
the HPC will review the HPC’s vision, goals, tasks, and accomplishments with the Council and seek
direction for changes or additions.
2.7) Special Meetings - Shall be called by the chair at any time upon written request of any commissioner or
by the staff liaison. Notice shall be given to each commissioner and to each member of the governing
body of the City and shall be posted at the HPC's principal office.
2.8) Attendance Policy - The City Council has adopted an Attendance Policy applicable to all
commissioners. The City Council may amend the Attendance Policy from time to time. At all times,
commissioners shall comply with the Attendance Policy then in effect on file with the staff liaison.
Failure to comply with the Attendance Policy may result in removal from the HPC in accordance with
the Attendance Policy.
ARTICLE 3 - OFFICERS AND STAFF
3.1) Officers - HPC officers shall consist of a chair and a vice chair. The HPC shall elect the chair and vice
chair annually. The offices of chair and vice chair may not be held by the same commissioner
concurrently. The Planning Manager of the City shall be the HPC’s staff liaison.
(01) Chair - Shall be selected from among the commissioners whom are a resident of the City of Elk
River, shall preside at all meetings of and shall have general charge of and control over the affairs of
the HPC subject to the approval of the commissioners.
(02) Vice Chair - Shall be selected from among the commissioners whom are a resident of the City of
Elk River, shall preside at all meetings in the absence of the chair and shall perform such duties as
may be assigned to them by the commissioners. In case of death, retirement, resignation, or disability
of the chair, the vice chair shall perform and be vested with all the duties and powers of the chair.
3.2) Absentee - In the case of the absence or inability to act of any officer of the HPC or of any person
authorized by these bylaws to act in place of the officer, the HPC may from time to time delegate the
powers or duties of such officer to any other officer or any commissioner whom it may select.
3.3) Vacancies - Vacancies in office arising from any cause may be filled by the HPC at any regular or special
meeting.
3.4) Staff - The HPC shall appoint a staff liaison and such other staff as deemed necessary to carry out the
business of the HPC and may determine their duties, qualifications, and compensation.
(01) The staff liaison shall have the duties and responsibilities delegated by these bylaws and as
assigned by the HPC.
(02) The HPC may delegate to its staff, employees, or agents such powers or duties deemed proper.
3.5) Consultants - The HPC will make a recommendation the City Council for contract services of
consultants as needed to perform its duties and exercise its powers.
(01) The City Council shall approve all contract services upon a recommendation from the HPC.
ARTICLE 4 – FINANCE, CONTRACTS AND OTHER DUTIES
4.1) Fiscal Year - The fiscal year of the HPC shall be the same as the fiscal year of the City.
4.2) Contracts and Procurement
(01) All construction work and work of demolition and clearing, contracts for services or for repairs,
maintenance and replacements, and every purchase of equipment, supplies or materials and contracts
therefore shall be in accordance with the Statute and procurement policies, if any, established by
resolution of the HPC.
(02) Approval of Contract by Attorney - Contracts shall be in writing and, except when deemed
unnecessary by the HPC or the staff liaison, shall be approved as to form by the attorney for the
HPC.
(03) Execution of Contracts - Unless otherwise directed by the HPC, required by law or required by
state or federal agencies furnishing funds to the HPC, all purchasing contracts of the HPC shall be
executed on behalf of the HPC as provided by the Purchasing Policy set forth in the Financial
Management Policies of the City of Elk River, as amended from time to time. Non-purchasing
contracts and other instruments of the HPC shall be executed by the chair or vice chair if the chair is
unavailable and the staff liaison or the staff liaisons delegate.
4.3) Disbursements
(01) Federal Funds - All funds received from the Government of the United States or any of its
agencies shall be disbursed and accounted for in accordance with the regulations or requirements
from time to time made by the federal agencies furnishing said funds to the HPC.
(02) Official Depository - All monies of the HPC shall be deposited in the name of the HPC in
official city depositories in accordance with Minnesota Statutes. Monies shall be disbursed only by
check, signed by persons designated by the HPC, except that petty cash funds not exceeding at any
time One Hundred Dollars ($100) may be maintained by the HPC.
(03) Checks - All checks drawn on bank accounts of the HPC shall indicate the fund and, in the case
of a project, the project to be charged. All checks shall be signed by the treasurer and the president.
In accordance with Minnesota law, the treasurer has delegated the duty of signing checks to the
assistant treasurer.
4.4) Records - The books and records of the HPC shall be kept at the Principal Office.
4.5) Ongoing Duties - The HPC shall evaluate and consider staff assignments, the status of existing HPC
projects, any modifications or amendments to Minnesota Statutes, Sections 469.090 -469.1081 and
suggested amendments and changes to the HPC’s bylaws from time to time as needed.
4.6) Official Newspaper - The official newspaper of the HPC shall be the official newspaper of the City of
Elk River, unless otherwise determined by resolution of the HPC.
ARTICLE 5 - AMENDMENTS
5.1) Amendments - These bylaws may be amended at any meeting of the HPC provided that notice of such
proposed amendment shall be given to each commissioner and each member of the governing body of
the City prior to such meeting. Amendment of the bylaws shall be in accordance with the procedural
and voting requirements established by these bylaws or by resolution of the HPC.
5.2) Advisory Committees - The HPC shall maintain, at their discretion, volunteer advisory committees
which will act in an advisory capacity to the HPC.
(01) The advisory committees will include without limitation:
(a)
(b)
(02) All members of the advisory committees will be appointed by the HPC.
(03) The responsibility of the advisory committees shall be to advise and assist the HPC and to work
with the staff liaison of the HPC and City staff on assignments if needed.
Adopted this day of , 2020