8.4 at 1 03-13-2024ARTICLE V. - BOARDS AND COMMISSIONS
DIVISION 1. - GENERALLY
Secs. 2-191-2-210. - Reserved.
DIVISION 2. - HERITAGE PRESERVATION COMMISSION171
Footnotes:
—(7)—
State law reference— Municipal heritage preservation, Minn. Stats. § 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 no fewer than 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. Commission members must be persons with demonstrated interest or expertise in historic preservation. Each
commission member must be a resident of the city. 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; Ord. No. 20-1, § 1, 1-6-2020)
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 established per their bylaws. The commission must
abide by the MN Open Meeting Law, Chapter 13D. 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.
(Code 1982, § 215.08; Ord. No. 20-1, § 1, 1-6-2020)
State Law reference— Permissible powers for heritage preservation commission, Minn. Stats. § 471.193, subd. 3.
Secs. 2-216-2-230. - Reserved.
DIVISION 3. - PARK AND RECREATION COMMISSION181
Footnotes:
— (8) ---
Cross reference— Parks and recreation, ch. 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 maybe 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 streeVpark 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 maybe assigned by the city council from time to time.
(b) The commission shall not be considered a park board understate 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.
DIVISION 4. - MULTIPURPOSE FACILITY ADVISORY COMMISSIONI9I
Footnotes:
-- (9) —
Editor's note— Ord. No. 20-06, §§ 1, 2, adopted June 1, 2020, repealed the former div. 4, §§ 2-251-2-255, and enacted a new div. 4 as set out herein. The farmer div. 4 pertained to ice arena
commission and derived from Code 198Z §§ 217.00, 217.02. 217.04-217.07; Ord. No. 03-002, § 1, adopted Feb. 10, 2003; Ord. No. 12-13, § 1, adopted Aug. 6, 2012.
Sec. 2-251. - 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.
(Ord. No. 20-06, § 2, 6-1-2020)
Sec. 2-252. - Membership and terms.
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:
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.
(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.
Following the initial commissioner appointments, all commissioners shall be appointed for a term of three years, serving on a staggered basis. For the initial commission
appointments, the city council shall assign terms of one, two, and three years for designated members.
(Ord. No. 20-06, § 2, 6-1-2020)
Sec. 2-253. -Authority 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 August 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.
(Ord. No. 20-06, § 2, 6-1-2020)
Sec. 2-254. - Meetings.
At their inaugural meeting, and the first meeting of each subsequent year, the commission shall elect a chair, vice chair and secretary. The chair shall preside over each
meeting and perform all duties assigned by the commission or the council. The vice chair shall assume the duties of the chair in the chair's absence. If a vacancy occurs in
the chair, the vice chair shall fulfill the remaining term and the commission shall elect a new vice chair for the remaining term. The sifting council member and the designee
from ISD #728 are excluded from holding chair or vice chair positions. The secretary shall prepare the minutes of the commission.
The commission shall meet no fewer than three times per year. The commission shall develop bylaws and adopt a schedule of meetings, meeting times and locations at
their first meeting of the year and provide the schedule to the city council for approval.
A quorum shall consist of a majority of the sitting members. The commission shall follow Robert's Rules of Order. Meetings are subject to the Minnesota Open Meeting
Law. Special meetings may be called by the chair or by a simple majority of the sitting commission.
(Ord. No. 20-06, § 2, 6-1-2020)
Secs. 2-255-2-270. - Reserved.