6.3. SR 01-30-1995
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Mayor Henry A.Duitsman
Members of the City Council
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Peter Beck, City Attorney
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January 27, 19~5
Board and Commission
FROM LRRKIN HOFFMRN DRLY LINDGREN 612-8963265
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~ORANDUM
TO:
FROM:
DATE:
RE:
01.27.1995 11=20
P. 2
ITEM 6.3.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Attorneys at Law
1500 Norwest Finanoial Center
7900 Xerxes Avenue South
Bloomiqtont Minnesota 55431
Te1epnone: (612) 835.3800
FAX: (612) 896.3333
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APPointmeni
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Policy
This memorandum is in response to the Council's request that I
review the Council policy on appo~ntments to boards and
commissions and advise the Council as to the applicability of
this policy to mayoral appointments to the ,City's Housing and
Redevelopment Authority. '
Attached to this memorandum are excerpts from the Minutes of the
City Council's October 11 and October 25, 1993 meetings, and the
"Board and Commission Appointment Policy" ~dopted on October 25,
1993. The policy requires that all board and commission
vacancies be advertised and that all applicants complete an
application for appointment and submit the application by the
deadline date. However, the policy does not specifically state
that appointments will be made solely from among those who
applied. The policy states that "the Council will make the
appointments as desired.1t
Reviewing the policy itself, as well as the minutes of the two
Council meetings at which it was discussed, it appears that the
intent of the policy was to ensure that the public be advised of
openings on boards and commissions and that any member of the
public have the opportunity to apply and be considered for
appointment to any City board or commission. The policy was
adopted to address the situation where reappointments of existing
members were being automatically made without the public being
aware of the vacancy. The intent was to keep the door open for
new applicants to apply.
The intent of the policy was to be "inclusive" rather than
/lexclusive.1I That is, the intent of the policy was not to
exclude anyone from consideration, but to open the process up to
include more people. I do not see anything in the policy or in
the minutes of the Council meetings which indicates that the
FROM LARKIN HOFFMAN DALY LINDGREN 612-8963265
01.27.1995 11120
P. 3
Council intended the adoption of this policy to prevent
appbintment of a Council member to any board or commission.
~ In addition, the policy was adopted by mption, not by ordinance
or even by formal resolution. Council policies can be amended,
revised or interpreted by the City Counc~l at any time. There is
no formal process for revision or interpretation of Council
policies. The Council's action in approving the mayoral
appointment of a Council member to the HRA amounts to an
interpretation or amendment of the existing policy and is within
the Council's authority.
Finally, Minnesota Statutes Section 469.003, Subd. 6 provides,
with respect to the appointment of HRA commissioners, in part, as
follows: liThe commissioners shall be appointed by the mayor,
with the approval of the governing body.1I Therefore, state law
places the obligation for appointment of HRA commissioners upon
the Mayor. There are no restrictions on how the Mayor fulfills
this obligation. The Mayor is free to follow the Council's
policy with respect to board and commission appointments. On the
other hand, the Mayor is also free to appoint any qualified
person he selects and submit that person to the Council for
app.roval .
In conclusion, my opinion is that the current Council policy with
respect to Board and Commission appointments does not prevent the
Council from appointing a Councilmember to a board or commission,
whether or not the Councilmember has applied or been formally
interviewed. With respect to HRA appointments, the obligation to
make that appointment is placed upon the Mayor, who is not
obligated to follow the Council's policy with respect to
appointments which state law directs that the Mayor make.
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Please let me know if you have any questions or would like any
further analysis of this issue.
Attachments
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PKB:J09s
Elk River city Council Meeting
October 11, 1993
Page 3
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6.1.
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Jeff Gongoll, EDA President, noted that it is important to commit the
entire amount at this time if the City is to move forward. Pat Dwyer
indicated that the EDA would like to tie up as much land as possible at
this time and, therefore, it is necessary that all of the funds be
dedicated.
Councilmember olmgren stated he was hoping some o~the money could be
used to develop some of the City's existing pa~~)and.
COUNCILMEMBER MOVED TO ALLOCATE /1400,000 IN TAX
FINANCING FUNDS ISTRICTS NO. 1 AND~6. 3 TO BE USED
ACQUISITION FOR A B SINESS PARK ON T~ WEST END OF THE CITY
INDUSTRIAL PARK ON THE ST END OF T CITY. COUNCILMEMBER
SECONDED THE MOTION. THE OTION ClEO 4-0.
INCREMENT
FOR LAND
AND LIGHT
HOLMGREN
Councilmember Farber
a business park on the
of the City.
A BUSINESS PARK
COUNCILMEMBER
it was important that the City provide
and an industrial park on the east end
FER THE CONCEPT OF
COMMISSION FOR FURTHER STUDY.
THE MOTION ARRIED 4-0.
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COUNCILMEMBER HOLMGREN
ZONE TO THE PLANNING
FARBER SECONDED THE
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Pat city Administrator, informed the Council that the 221st
imp vement project has been delayed. He indicated that
financing and timing of the project will be discussed by the City
Engine~, Street Superintendent, and himself. He further noted that
this issue will be brought back to the Council at a Council meeting in
October.
Consider Park and Recreation Terms and Vacancies
City Administrator Pat Klaers noted that the City Council previously
determined that the best time to advertise for Park and Recreation
Commission vacancies was sometime after Labor Day and before
Christmas. He noted that there will be three vacancies at the end of
1993, and all three Commissioners, Dave Anderson, Clair Olson, and Sue
Daleiden, have requested reappointment. The City Administrator
questioned whether the Council wished to reappoint the three
Commissioners or to advertise for the positions and interview new
applicants and existing commissioners.
Councilmember Holmgren noted that in the past there have been times
when the City Council advertised and interviewed both new applicants
and existing applicants who have requested reappointment.
Councilmember Holmgren suggested that the City have a consistent policy
for all boards and commissions. He further noted that it would be best
to advertise for all boards and commissions so that the door would be
kept open for new applicants to apply.
COUNCILMEMBER HOLMGREN MOVED TO ADOPT A POLICY REGARDING BOARD AND
COMMISSION APPOINTMENTS. THE POLICY WOULD REQUIRE THAT ALL COMMISSION
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Elk River city Council Meeting
October 11, 1993
Page 4
AND BOARD MEMBERS WHOSE TERMS HAVE EXPIRED AND HAVE REQUESTED
REAPPOINTMENT BE INTERVIEWED AND ALSO THAT ALL POSITIONS BE ADVERTISED
FOR NEW APPLICANTS. COUNCILMEMBER FARBER SECONDED THE MOTION. THE
MOTION CARRIED 2-0-2. Mayor Duitsman and Councilmember Dietz abstained.
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6.4. Troy street
Councilmember ietz noted that he has corytinued to receive complaints
regarding the co dition of Troy Street. e indicated that Troy Street
is not a City oad. He informe he residents that if they wish to
bring the road up ~ City standa , they should meet with the City
staff and follow the lan tha was set up for Naples Street.
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7. Adjournment
TO
THE
HOLMGREN MOVED
THE MOTION.
There being no
ADJOURN THE MEE G.
MOTION CARRI 4-0.
iness, COUNCILMEMBER
BER FARBER SECONDED
The meeting of the Elk River City Council adjourned at 7:00 p.m.
Respectfully submitted,
~--.JL. a. ~
Sandra A. Thackeray ~
City Clerk
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6.4. Review of Board and Commission
Implementation of Appointment Policy
Elk River City Council Meeting
October 25, 1993
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1993
Term
Expirations
and
Page 10
City Clerk Sandra Thackeray noted that the City Council recently voted
to adopt a policy that would eliminate automatic reappointment of
Commission and Board members. She noted that staff has drafted a
written policy which follows Council's directions. After reviewing the
pOlicy, it was the consensus of the Council that the written policy be
adopted. Councilmember Scheel noted that all Commissions and Boards
should be informed of the policy.
COUNCILMEMBER FARBER
APPOINTMENT POLICY.
MOTION CARRIED 5-0.
MOVED TO ADOPT THE BOARD AND COMMISSION
COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE
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CITY OF ELK RIVER
BOARD AND COMMISSION APPOINTMENT POLICY
Adopted by the Council on October 25, 1993
*ALL CURRENT BOARD AND COMMISSION MEMBERS WHOSE TERMS EXPIRE
WILL BE INFORMED OF THIS POLICY IN WRITING.
*ALL CURRENT BOARD AND COMMISSION MEMBERS WHOSE TERMS HAVE
EXPIRED, AND WHO WISH TO REAPPLY, SHALL FOLLOW THE SAME
PROCEDURES AS OTHER APPLICANTS APPLYING FOR THE POSITION.
THE PROCEDURES ARE LISTED BELOW.
PROCEDURE:
1. All board and commission expirations and vacancies will
be advertised in the Elk River Star News and/or "The
Current" newsletter.
2.
All applicants must complete an "Application for
Appointment to City Board or Commission" and submit the
application by the deadline date.
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3. The Council will review all submitted applications.
4. The Council may interview a maximum of three candidates
for each vacancy, depending upon the number of
applications received.
5. If an applicant does not receive an interview he/she will
be notified in writing.
6. The Council will make the appointments as desired.
7. Applications of all applicants that were not appointed
will be kept on file for one year. If there is a vacancy
during the year, the Council may make an appointment from
those applications on file without further interviews.
8. Applicants whose applications are on file for the one year
holding period, that wish to apply for a term the
following year, must reapply.
*THE PURPOSE OF THIS POLICY IS TO DEVELOP A CONSISTENT POLICY
FOR THE APPOINTMENT OF BOARD AND COMMISSION MEMBERS AND TO
~ KEEP THE DOOR OPEN TO NEW APPLICANTS