HPC BYLAWS DATED 01-21-2021 Bylaws
of
The Heritage Preservation Commission
for the City of Elk River, Minnesota
PREAMBLE
The HPC exists to identify sites of historical and cultural significance for preservation and 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 I —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 the City of Elk River City Council.
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. 99-55 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 and the Enabling Resolution.
1.5) Membershit —The HPC shall consist of seven commissioners,at least five of which shall be residents
of the City of Elk River and all of which shall be residents of Sherburne County. The City Council,
when appointing members,shall give preference to Elk River residents.
ARTICLE 2 - MEETINGS
2.1) O1,.-Igg 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 MeedWss
(01)Time and Place—Regular meetings shall be held at the City of Elk River City Hall at 6:00 p.m. on
the 3'Thursday of the following months:January,March,May,July,September,November,unless
the HPC,by subsequent action, establishes a different time and place for regular meetings.Any
regular meeting falling upon a holiday shall be held on the next business day at the same time and
place.
(02) Notice-No separate notice need be given for regular meetings held at the time and place designated by
this Resolution or subsequent 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,unless a different date is set by the City Council,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 Meetin4 s—Special meetings may be called by the chair at any time upon written request of any
commissioner or the staff liaison. Notice shall be given to each commissioner and to each member of
the City Council and shall be posted at the HPC's principal office.
2.8) Attendance Pali(.,-v -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.
(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 approval of the HPC.
(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 HPC. 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
commissioner 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 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 City Council shall appoint a staff liaison to the HPC,and such other staff as deemed
necessary by the City Council to carry out the business of the HPC, and shall 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 City Council.
(02) The HPC may delegate to its staff such powers or duties deemed proper.
3.5) Consultants -The HPC may make recommendations to the City Council for contract services of
consultants as needed to perform its duties and exercise its powers. No contract for consultant services
shall be effective unless approved by the City Council.
ARTICLE 4 - AMENDMENTS
4.1) 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 City Council member of prior to
such meeting.Amendment of the bylaws shall be in accordance with the procedural and voting
requirements established by the Statute,The Enabling Resolution,these bylaws and by resolution of the
HPC.
4.2) Advisor Committees -The HPC may maintain,at their discretion,volunteer advisory committees to
act in an advisory capacity to the HPC.
Adopted this 21st day of January,2021.
Lance Lindber f4P(' hw�is
ATTEST: �
Tina Allard,City Clerk