HPC BYLAWS DATED 09-26-2024City of Elk River
Bylaws of the Heritage Preservation Commission
Article I. Purpose
As outlined in city ordinance the purpose of the Heritage Preservation Commission is 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.
Article 2. Responsibilities
As outlined in city ordinance, the responsibilities of the Heritage Preservation Commission are:
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.
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 Heritage Preservation Commission
shall meet at least six times per year. Regular Meetings shall be held every other month on the
third Thursday at 6:00 p.m._ at the Elk River Cite Hall 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:
■ 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 one year. 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
Heritage Preservation 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 S. 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 Heritage Preservation Commission shall provide an annual report of their recent and planned
activities to the City Council on the first regularly scheduled City Council meeting in February.
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 Heritage Preservation Commission and
must be filed with the Office of the City Clerk.
Adopted: ptember 26, 2024
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Chair