10.2 SR 02-20-2024
Request for Action
To Item Number
Mayor and City Council 10.2
Agenda Section Meeting Date Prepared by
Work Session February 20, 2024 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment: Chapter 2, Boards and Cal Portner, City Administrator
Commissions
Reviewed by
Action Requested
Review and provide feedback regarding the governing of boards and commissions.
Background/Discussion
The draft ordinance is mostly a housekeeping item as there were inconsistencies among the organization of the
various commissions outlined in the ordinance. New items to note and discuss:
1. Bylaws would now be required by each board to be reviewed and approved annually.
a. The Clerk’s office would supply a template that can be used by each board.
b. Each Commission can set their schedules and certain items without needing an ordinance
amendment.
2. Information that applied to every board was removed from individual sections and added to its own
Generally section.
3. Sections are reorganized so all commissions follow the same section headings.
4. Clarification on reporting requirements to the City Council for all the boards.
Financial Impact
N/A
Mission/Policy/Goal
The Elk River Mission
Attachments
Draft Ordinance
Draft Bylaw Template
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
ARTICLE V. BOARDS AND COMMISSIONS
DIVISION 1. GENERALLY
Secs. 2-191. Generally
Except as otherwise provided with respect to an advisory board or commission, the provisions of this section shall
apply to all advisory boards and commissions (commission) provided in this Chapter 2.
Secs. 2-192. Terms of Appointment
The terms of commission members shall be for a period of three (3) years each, provided however, in order to
avoid the expiration of the terms of all members on the same date, the term of each member appointed may be
established and stated at the time of the appointment so that an equal or approximately equal number of terms of
members shall expire each year after the initial appointment of members and thereafter. Terms shall commence
March 1 and shall continue for the terms appointed and until the member's successor has been appointed and
qualified. The City Council may appoint a person for the unexpired portion of the term of a member whose
membership has become vacant.
Secs. 2-193. Organizational Meeting
Each commission shall have developed bylaws. At the first meeting of each year, each commission shall complete
the following:
a) Review and update their bylaws.
b) Set their meeting schedule, which shall be kept on file at its primary office and Elk River City Hall.
c) Choose a chair and vice chair to serve for a period of one (1) year. The chairperson must have served on
the commission for one (1) year.
1) The chair shall preside over each meeting and perform all duties as assigned by the commission
or the council.
2) The vice chair assumes the duties of the chair in the chair’s absence. If a vacancy occurs in the
chair's absence, the vice chair shall fulfill the remaining term and the commission shall elect a
new vice chair for the remaining term.
d) The City Council approved Attendance Policy.
2-194. Rules Governing Meetings
The commission shall follow Robert’s Rules of Order and the Open Meeting Law.
2-195. Compensation, Expenses, Training
Commission members shall serve without compensation but may be reimbursed for actual expenses incurred
while performing their duties. 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.
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Secs. 2-196—2-210. Reserved.
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DIVISION 2. HERITAGE PRESERVATION COMMISSION
Sec. 2-211. Established.
A heritage preservation commission for the city is hereby established.
Sec. 2-212. Membership
The Heritage Preservation Commission shall consist of seven members appointed by the City Council.
Commission members must be persons with demonstrated interest or expertise in historic preservation. Each
member must be a resident of the city. The Heritage Preservation Commission shall include, if available, a member
of the Sherburne County Historical Society.
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.
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 residents with respect to city historic and architectural heritage.
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, based on 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 engaging 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 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.
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Sec. 2-215. Meetings.
The Heritage Preservation Commission shall meet regularly at least four times each calendar year, at such
time and place as established per their bylaws.
Sec. 2-216. Reports.
Reports, conclusions, and recommendations shall be made to the City Council throughout the year as
needed. An annual meeting shall be held with the City Council to review commission vision, goals, tasks, and
accomplishments.
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DIVISION 3. PARK AND RECREATION COMMISSION
Sec. 2-231. Established.
A park and recreation commission for the city is hereby established.
Sec. 2-232. Membership.
The Park and Recreation Commission shall consist of seven members appointed by the City Council. It is
expected that a preference be given to city residents, but residency by itself shall not be a disqualification.
Sec. 2-233. Purpose.
The Park and Recreation Commission is established to review and make recommendations to the City Council
on the development and organization of the city parks and recreation programs. The scope of the commission shall
consist of advising the City Council on matters relevant to city parks and recreation functions. The commission shall
participate in the planning for development and acquisition of parks and recreation programs.
Sec. 2-234. Powers and duties.
(a) The Commission shall prepare, hold hearings on and recommend to the City Council such plans, programs,
and policies it deems necessary to carry out the purposes of the parks and recreation department. 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.
(6) Development of a comprehensive city park and recreation plan and make recommendations for plan
implementation.
(7) Assist with the promotion of city parks.
(8) Conduct periodic inspections of city parks and reviewing existing situations and making
recommendations on improvements of city parks and recreation programs.
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(9) Discourage vandalism of city parks.
(10) Work with external organizations to ensure the offering of an appropriate array of recreation
opportunities for the youth and adults of the city.
(11) Work with the city administrator or his/her designee to ensure the proper maintenance and
development of city parks and park facilities.
(12) Work with the city 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 contracts or leases, or any similar powers authorized for a park board
by state law.
Sec. 2-235. Meetings.
The park and recreation commission shall meet regularly each month as established per their bylaws.
Sec. 2-236. Reports.
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.
Secs. 2-237—2-249. Reserved.
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DIVISION 4. MULTIPURPOSE FACILITY ADVISORY COMMISSION
Sec. 2-250. Established.
There is hereby continued, as heretofore created, a multipurpose facility advisory commission.
Sec. 2-251. Membership.
The commission shall consist of nine members appointed by the council to include:
(1) A city resident and member in good standing of the Elk River Senior Center.
(2) Two members in good standing representing turf-use associations, which use the facility, including:
a. Elk River Youth Football Association.
b. Elk River Youth Baseball Association.
c. Elk River Youth Softball Association.
d. Elk River Youth Lacrosse Association.
e. Elk River Flag Football Association.
(3) Two members in good standing representing ice-use associations, which use the facility, including one
each from:
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a. Elk River Youth Hockey Association.
b. Elk River Figure Skating Club.
(4) A sitting member of the city council.
(5) A designee of ISD #728. The School District may have a proxy representative in case of absence of the
appointed designee. The proxy’s name shall be provided to the staff liaison prior to a meeting. The
proxy representative does have voting rights.
(6) Two at-large residents of the community with no affiliation to the former organizations for at least five
years.
Representatives of the ice and turf-use associations and the ISD #728 designee may be nonresidents of the
city, but there shall be no more than three nonresidents of the city serving on the commission at any one time.
Sec. 2-252. Purpose.
The commission shall set goals and expectations for the community use and enjoyment of the multipurpose
facility. The commission shall seek community input regarding the use and development of the facility and make
recommendations to the city council to protect and preserve the facility as an asset to the community. The
commission shall recommend an operational budget and capital plan that meets or exceeds the goals, values, and
vision of the facility.
Sec. 2-253. Powers and duties.
The multipurpose facility advisory commissions authority shall include, but not be limited to, the study and
recommendation to the city council on the following:
(1) Develop a value statement and a mission statement for the commission. Review each statement
annually and amend as so desired.
(2) Serves as a conduit to the public to gain feedback on the effectiveness of the facility and services
provided. Holds at least one annual public hearing to receive community comments regarding the
operation, use, and future development of the facility.
(3) Develop and provide a verbal annual report on the outcomes and activities of the facility to the city
council.
(4) The commission shall review facility rental rates annually and recommend a fee schedule for
incorporation into the annual budget.
(5) The commission shall recommend a budget that balances facility revenue and expenses. The budget
will include projected revenue, expenses, transfers, and capital improvements. The budget shall be
completed no later than November 1 of each year.
(6) The commission shall annually provide a draft capital improvement plan to the city council that
includes capital replacements, repairs, and additions. The plan shall project improvements over a
rolling ten-year period. The capital plan shall be completed no later than September 1 of each year.
(7) The commission shall review and recommend operational policies for the facility and review all policies
at a minimum every two years.
Sec. 2-254. Meetings.
The commission shall meet regularly at least three times each calendar year at such time and place as
established per their bylaws. The sitting council member and the designee from ISD #728 are excluded from
holding chair or vice chair positions.
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Sec. 2-254. Reports.
Reports, conclusions, and recommendations shall be made to the City Council throughout the year as needed. An
annual meeting shall be held with the City Council to review commission vision, goals, tasks, and accomplishments.
Secs. 2-255—2-270. Reserved.
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DIVISION 5. PUBLIC UTILITIES COMMISSION
Sec. 2-271. Statutes accepted.
The city hereby accepts the provisions of Minn. Stats. §§ 412.331—412.391.
In addition, the city hereby accepts Laws of Minnesota 2016, Chapter 97 - H.F. No. 2718, signed by the
Governor of Minnesota on May 12, 2016, which states: "Notwithstanding Minnesota Statutes, sections 412.331
and 412.341, subdivision 1, the city of Elk River may increase the membership of the city's public utilities
commission to five members. Upon increasing the number of members to five members, no more than two
members may also serve as city council members. Terms for the additional membership shall be staggered and set
in accordance with the bylaws governing the public utilities commission."
Sec. 2-272. Commission continued.
There is hereby continued as heretofore established in the city a public utilities commission.
Sec. 2-273. Membership.
Each member of the public utilities commission shall be a resident of the city. The public utilities commission
shall consist of five members, with a minimum of one member and no more than two members being city council
members.
Sec. 2-274. Jurisdiction.
The following public utilities shall be within the jurisdiction of the public utilities commission:
(1) The city water system.
(2) The city light and power system.
Sec. 2-275. Reports.
The accounting officer of the public utilities commission shall make such monthly or annual statements of
operation as the commission may require. An annual financial report shall be made, and a copy filed with the city
administrator at the close of the calendar year and shall be included as part of the annual financial statement of
the city administrator in conformance with law. The cost of publication of any other official statement required by
law to be published shall be paid from public utility funds.
Sec. 2-276. Violation of rules.
It is unlawful for any person to violate any rules promulgated by the public utilities commission.
Secs. 2-277—2-295. Reserved.
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- CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE V. - BOARDS AND COMMISSIONS
DIVISION 6. PLANNING COMMISSION
DIVISION 6. PLANNING COMMISSION
Sec. 2-296. Established.
A city planning commission is hereby established. The commission shall be the city planning agency
authorized by Minn. Stats. § 462.354, subd. 1(1).
Sec. 2-297. Membership.
The planning commission shall consist of seven members who are residents of the city.
Sec. 2-298. Purpose.
The planning commission assists in implementing city plans by making recommendations to the City
Council on long-range planning issues, such as land use and transportation, as well as current issues including
subdivisions, site plans, conditional use permits, and variances.
Sec. 2-299. Powers and duties.
The planning commission shall have and exercise the powers and duties conferred upon such commissions
by Minn. Stats. §§ 462.351—462.364 and by ordinances, rules, and regulations of the city. The commission shall
also exercise the duties conferred upon it by this Code and by the council. After the commission has prepared and
adopted a comprehensive plan, the commission shall periodically review the comprehensive plan, any ordinances,
and any capital improvement program the council has adopted to implement the plan. After such review, it shall,
to the extent it deems necessary, revise the comprehensive plan, adopt the amendments or the new
comprehensive plan, and recommend it to the council in accordance with the law. Similarly, after such review, it
shall recommend to the council any amendments it deems desirable to the capital improvement program and any
ordinance implementing the plan.
Sec. 2-300. Meetings.
The planning commission shall meet regularly each month at such time and place as established per their
bylaws.
Sec. 2-301. Reports.
The planning commission’s reports, conclusions and recommendations shall be made to the city council as may be
required. Its reports, conclusions and recommendations are purely advisory, and the final determination and
responsibility shall be with the city council.
Secs. 2-302—2-325. Reserved.
Elk River, Minnesota, Code of Ordinances Created: 2023-10-18 09:21:21 \[EST\]
(Supp. No. 59)
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- CODE OF ORDINANCES
Chapter 2 - ADMINISTRATION
ARTICLE V. - BOARDS AND COMMISSIONS
DIVISION 7. BOARD OF ADJUSTMENTS
5
DIVISION 7. BOARD OF ADJUSTMENTS
Sec. 2-326. Membership.
Members of the planning commission shall serve as the board of adjustments as required pursuant to Minn.
Stats. § 462.354, subd. 2. Members shall serve until the expiration of their term as planning commission members.
Sec. 2-327. Purpose.
The board of adjustment hears matters of zoning variances, zoning appeals, and the establishment of legal
nonconforming rights.
Sec. 2-328. Powers and Duties
The board of adjustment shall have the following powers and duties:
1) Administrative review. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by staff in the enforcement of this chapter.
2) Variances. To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will
not be contrary to the public interest where, owing to special conditions, a literal interpretation and
enforcement of the provisions of this chapter would result in unnecessary hardship as provided in Chapter
30, Article VI.
Sec. 2-329. Meetings.
The board of adjustments shall adopt bylaws for the transaction of its business consistent with the provisions
of Chapter 30, division 2, article VI of this code and Minn. Stats. §§ 462.351—462.364. Meetings of the board shall
be held on the same evenings as the Planning Commission meetings.
Sec. 2-330. Reports.
The board of adjustment’s reports, conclusions, and decisions shall be provided to the city council as required under
Chapter 30, Article VI.
Secs. 2-330—2-350. Reserved.
DIVISION 8. ENERGY CITY COMMISSION
Sec. 2-351. Established.
There is hereby established in the City of Elk River an Energy City Commission pursuant to the provisions of
this division.
Elk River, Minnesota, Code of Ordinances Created: 2023-10-18 09:21:21 \[EST\]
(Supp. No. 59)
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Sec. 2-352. Membership.
The energy city commission shall consist of up to 11 members . The commission will consist of the following:
(1) One representative from the city council/economic development authority.
(2) One representative from the Elk River Municipal Utilities. (3) Up to seven representatives from:
a) Energy related businesses (this can include consultants, manufacturers, technology,
environmental, energy producers and/or energy providers);
b) Commercial or residential customers (representatives must receive at least one city service—
water, sewer, trash collection, or electric delivery), or;
c) Nonprofit organizations (this can include schools, youth organizations or business organizations
as determined by the city council).
(4) One representative designated by a school located in Elk River. The school may have a proxy
representative in case of absence of the appointed designee. The proxy’s name shall be provided to the
staff liaison prior to a meeting. The proxy representative does have voting rights.
(5) One representative from the Elk River Chamber of Commerce. The Chamber may have a proxy
representative in case of absence of the appointed designee. The proxy’s name shall be provided to the
staff liaison prior to a meeting. The proxy representative does have voting rights.
A quorum shall consist of a majority of the sitting members.
Sec. 2-353. Purpose.
The energy city commission was established to promote the City of Elk River as a hub of energy technology,
energy manufacturing, energy demonstrations, recycling, use of green products and the adoption of sustainable
living practices.
Sec. 2-354. Powers and duties.
The energy city commission shall have the following responsibilities:
(1) Aid, create, promote, endorse, sponsor, and facilitate energy and environmentally sustainable
initiatives and demonstrations that lead by example for others to learn from.
(2) Work for the continuing education of the public with respect to energy technology, energy
manufacturing, sustainable demonstrations, recycling, use of green products and the adoption of
sustainable living practices.
(3) Develop sub-committees of members to work on specific projects/programs that reflect and support
the goals of the commission.(4) Solicit gifts and contributions to be made to the city and assist in the
preparation of applications for grant funds for the purpose of energy technology, energy
manufacturing, energy demonstrations, recycling, use of green products and the adoption of
sustainable living practices.
(5) Such other responsibilities as the city council shall assign from time to time.
Sec. 2-355. Meetings.
The energy city commission shall meet regularly at least four times each calendar year. at such time, and
place as established per their bylaws.
Sec. 2-356. Reports
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Reports, conclusions, and recommendations shall be made to the city council throughout the year as needed. An
annual meeting shall be held with the city council to review commission vision, goals, tasks, and accomplishments.
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City of Elk River
Bylaws of the ______ Commission
Article 1. Purpose
As outlined in city ordinance the purpose of the _______ Commission is:
Article 2. Responsibilities
As outlined in city ordinance, the responsibilities of the ________ Commission are:
Article 3. Meetings
A. Annual Organizational Meeting. The first meeting of the year shall be the organizational meeting
which includes the election of officers, a review of bylaws, and approval of the annual scheduled
meeting calendar.
B. Commission Schedule. As outlined in city ordinance, the ______ Commission shall meet at least
________ times per year. Regular Meetings shall be held on the Day/Time/Place. The meeting
schedule shall be posted at the primary office/facility the Commission meets and the Elk River
City Hall.
C. Special Meetings. This policy is set by the City Council. Special Meetings may be added by
consensus of the Commission at a scheduled Regular Meeting to complete unfinished or newly
planned business of the scheduled Regular Meeting. Special Meetings require a 72-hour public
notice in accordance with the Minnesota Open Meeting Law. Special Meetings shall not replace
scheduled Regular Meetings. Failure to attend a Special Meeting shall result in an absence.
D. Attendance Policy. This policy is set by the City Council. Members are expected to maintain a
proper attendance record. Attendance is vital to community 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) scheduled
Regular Meetings during a calendar year without an excused absence; or
missing 50% of Regular and Special Meetings with or without an excused
absence during a calendar year.
All Other Commissions: missing two (2) scheduled Regular Meetings during
a calendar year without an excused absence or missing 50% of Regular and
Special Meetings with or without an excused absence during a calendar year.
An absence may be excused if the staff liaison or the Office of the City Clerk are notified no
later than 12 p.m. (noon) on the day of the scheduled meeting.
Participation for less than three-fourths (3/4) of a meeting shall be considered an absence.
Members removed pursuant to this paragraph shall not continue to serve on the board or
commission. A member may appeal termination by requesting a hearing before the City
Council within 10 days of notice of termination.
Staff liaisons shall use a standard commission attendance form to record attendance. The
Office of the City Clerk shall forward the attendance record to the City Council each June and
December for Council review.
Article 4. Officers, Elections, Duties
A. As outlined in the city ordinance, a chair and vice chair must be selected. At the first regular
meeting in each year, the members shall elect a chair and vice chair who shall hold the office for
a period of _______ year(s). The city ordinance states a member must have one year of
experience before being elected to serve as chair. If both the chair and vice chair are absent, the
remaining quorum shall appoint one member to preside at that meeting.
B. Each voting member has a right to make a nomination for an officer.
C. A vacancy for an officer shall be filled by a vote at the next regularly scheduled meeting of the
______ Commission after the vacancy occurs.
D. The chair shall preside at all meetings.
E. The vice chair shall act for the chair in his/her absence.
F. Any member of the Commission may request to add items to the Regular Meeting agenda.
Requests must be submitted to the staff liaison, in writing, no less than seven (7) days prior to
the scheduled Regular Meeting.
Article 5. Staff Roles
The city shall provide the commission necessary technical and administrative assistance as follows:
A. Preparation of and posting of public notices as required by law.
B. Preparation of all meeting materials, such as agendas, reports, reference materials, and
presentation materials.
C. Preparation of meeting minutes.
D. Retention of and public access to all commission records.
Article 6. Training
Members are expected to complete recommended training to meaningfully participate and make
informed decisions on matters coming before the commission.
Article 7. Reporting
The ________ Commission shall provide reports to the City Council as outlined in city ordinance.
Article 8. Public Records
A. All commissions receive and create public records while conducting business. Members may also
produce public records in their official capacity as a board member. All board-related
communications are subject to public disclosure.
B. Examples of public records include papers, notes, photographs, videos, maps, emails, voicemail
messages, instant messages, and text messages. Email and text messages are public records when
created by appointed officials and employees for the purpose of conducting official city
business. Social media posts may also be considered a public record.
Article 9. Conflict of Interest/Ethics
A. Members may not, in their private capacity, negotiate, bid for, or enter into a contract on behalf
of or with the City of Elk River in which they have a direct or indirect financial interest or
perceived financial interest.
B. A member shall withdraw from Commission discussion, deliberation, and vote on any matter in
which the member, an immediate family member, or an organization with which the commission
member is associated has a financial or perceived personal interest (see City Ordinance). The
member shall also leave the meeting room during the ensuing discussion and vote.
C. A member may not receive anything of value that could reasonably be expected to influence
their vote or other official action (see Minnesota Gift Law).
Article 10. Amendments to Bylaws
All bylaw changes shall be reviewed and approved by the XX Commission and must be filed with
the Office of the City Clerk.
Adopted: XXX, 2024
Chair