Loading...
4.4. SR 01-21-2003City ~ RAver TO: FROM: DATE: SUBJECT: Item MEMORANDUM Mayor and City Council Sandra Peine, City Clerk January 2 I, 2003 Residency Requirements for Boards and Commissions ~4.4. On December 9, 2002, the City Council requested the City Staff to review the existing ordinances on boards and commissions in regard to residency requirements and have the City Attorney present to discuss the issue at a future Council meeting. The background on this issue is attached to this memo. The background includes past City Council minutes discussing the issue of residency requirements beginning in 1998. The Council amended the ordinances relating to boards and commissions in January 1999 to reflect the requirement that board and commission members must be city residents. This change was made to all boards and commissions with the exception of the Library Board, which is dictated by State Law, allowing members from the County. The background also includes State Law references and existing ordinances. Also included in the background is a petition generated by Cecilia Scheel in August 1998 requesting that board and committee members are residents of the City. This petition was the impetus for the Council action taken on January 25, 1999, in regard to the ordinance amendments regarding residency requirements. Also included in the background is a recent letter to the Council from Councilmembers Dietz and Kuester requesting the Council to reconsider this issue in relation to the Park and Recreation Commission as it relates to Dave Anderson's term expiring on February 28, 2003 (Dave is not a city resident). As the issue stands right now, on December 9, 2002, it was the consensus of the Council to consider revisions to the board and commission ordinances that would allow people outside of the City to serve on city commissions with preference given to Elk River residents who apply. City Attorney Peter Beck will be present to discuss this issue with the Council on Tuesday evening. S :\CLERK\B OARDC OIV[History\residency memo.doc "RESIDENCY REQUIREMENT FOR BOARD AND COMMISSION MEMBERS." (Background) 8/17/98 - Petition Submitted by Cecilia Scheel requesting that non-residents not be allowed to serve on City boards or commissions - (Attached) l 2. 11/23/98 Council Minutes J3. "It was also the consensus of the Council to discuss residency requirements on December 7, 1998." 12/7/98 Council Minutes 5.1. Review Residency Issue Relatin,q to City Boards and Commissions City Clerk Sandra Peine indicated that the City Council recently received a petition requesting that only Elk River residents be allowed to serve on any board or commission of the city. The City Clerk provided research on this issue as requested by the City Council. She reviewed the residency requirements for the boards and commissions of the city. Cecilia $cheel stated that she does not believe non-residents of the city of Elk River should be allowed to serve on boards and commissions of the city because commission and board members make decisions which affect the citizens of Elk River. Paul Motin indicated that the commissions and boards which allow non-residents restrict the number of non-residents to a small percentage of the commission or board. Paul Motin indicated that the park and recreation commission affects people outside of the Elk River area as does the utilities commission and library board. He stated that the city would be limiting itself by not allowing non- residents of the city to apply for these positions. John Kuester concurred with Paul Motin. He indicated he is against a residency requirement for board and commission members. Chris Halbeck, Elk River High School, indicated he felt that board and commission members in the city of Elk River should be city residents as they are taking part in the government process and should have an idea of what Elk River issues entail. Dale Marlin indicated that he concurs with allowing a limited number of non- residents on boards and commissions. Mayor Duitsman indicated that the City Council has the right to review and interview all applicants and therefore did not see the need to limit applications by placing a residency restriction on boards and commissions. Board and Commission Residency Requirement Background Information Page 2 January 13, 2003 Councilmember Thompson indicated that he felt boards and commissions that have the ability to impose fees or to propose a tax levy should require the members to be residents of the city of Elk River. Councilmember Farber stated that he concurred with Councilmember Thompson as the issue relates to the park and recreation commission. Councilmember Farber further stated that he felt it was acceptable for some non-city residents to be members of the ice arena commission. He stated that the youth hockey association reaches beyond the city of Elk River and has representatives on the Ice Arena Commission. Councilmember Dietz stated he did not feel the Council should be able to pick and choose which commissions should have a residency requirement. He further stated that the City Council is the body that makes the final decisions in increasing fees and levying taxes. Councilmember Dietz indicated that he was opposed to placing residency requirements on boards and commissions. Councilmember Holmgren gave the background as to how the ordinance was amended to allow non-resident members on the park and recreation commission. He stated that this amendment was made ten years ago himself. He indicated that he is in support of changing the ordinance back to not allowing non-resident members on the park and recreation commission because the city of Elk River is a growing city and has capable residents to serve on the commission. COUNCILMEMBER THOMPSON MOVED THAT ANY BOARD OR COMMISSION THAT HAS THE ABILITY TO RECOMMEND OR PROPOSE A TAX LEVY OR FEE INCREASE ALLOW ONLY RESIDENTS OF THE CITY OF ELK RIVER ON THE BOARD OR COMMISSION. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Farber indicated that he felt the ice arena commission should be excluded from the motion. Councilmember Thompson indicated that he felt the restriction should apply to all of the boards and commissions. THE MOTION FAILED 2-3. Councilmembers Farber and Dietz, and Mayor Duitsman opposed. 4. 12/14/98 - Council Minutes 6.2. Board and Commission Appointments Councilmember Thompson stated that individuals who serve on commission for the city should be residents of the city. He further stated that commissions charged with recommending an increase in fees or imposing levies or bonds should have all its members be residents of the city. Councilmember Thompson stated that there are capable people living in the city to serve on boards and commissions. Councilmember Farber stated that the ice arena commission is different than the other commissions. He explained that Elk River Youth Hockey owned the original ice arena building and turned it over to the City of Elk River. He further stated that Elk River Youth Hockey has invested significant funds into the new arena. S:\CLERK\BOARDCOM\HistoryX~Residency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 3 January 13, 2003 Councilmember Farber indicated that the Hockey Association is an area wide program and serves all people in the school district. He indicated that the Council will be sending a wrong message to the biggest user of the facility if youth hockey non-residents are not allowed to serve on the Ice Arena Commission. Larry Farber requested that this issue be postponed until the new council is in session. Paul Matin stated that he feels commissions are advisory in nature. He indicated he would not support residency restrictions as the city may be limiting itself and losing good candidates. Paul Matin stated that the Council can decide on a case-by-case basis whether or not to appoint an individual. Stephanie Klinzing indicated that she is interested in seeing only citizens of the city of Elk River serve on city commissions. COUNCILMEMBER THOMPSON MOVED THAT ALL COMMISSIONS IN THE CITY OF ELK RIVER THAT HAVE THE ABILITY TO RECOMMEND RAISING FEES AND/OR PROPOSING LEVIES OR BONDS (PLANNING COMMISSION, ECONOMIC DEVELOPMENT AUTHORITY, HOUSING AND REDEVELOPMENT AUTHORITY, ICE ARENA COMMISSION, PARK AND RECREATION COMMISSION, AND THE UTILITY COMMISSION) BE COMPOSED OF ONLY RESIDENTS FROM THE CITY OF ELK RIVER; AND THAT ALL EXISTING NONRESIDENT BOARD MEMBERS BE GRAND-FATHERED IN AND BE ALLOWED TO APPLY FOR ONE ADDITIONAL TERM. The motion died for lack of a second. MAYOR DUITSMAN MOVED TO RECONSIDER THE MOTION PREVIOUSLY MADE ON DECEMBER 7 REGARDING RESIDENCY ON BOARDS AND COMMISSIONS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-1 COUNCILMEMBER FARBER OPPOSED. COUNCILMEMBER THOMPSON MOVED THAT NO APPOINTMENTS BE MADE TO THE PARK AND RECREATION COMMISSION UNTIL JANUARY WHEN THE NEW COUNCIL IS IN OFFICE, BUT TO MOVE FORWARD ON ALL OTHER BOARDS EXCLUDING THE PLANNING COMMISSION DUE TO THE REQUIREMENT IN THE CITY ORDINANCE THAT APPOINTMENTS BE MADE IN JANUARY. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED. 4-0. 1/11/99 Council Minutes 5.6a. Residency Requirements for Board and Commission Appointments Councilmember Thompson explained that he would like to see that residency be a requirement for all board and commissions who have the ability to propose or increase fees to the residents, and that current non-resident members be grandfathered-in to allow them to fulfill their current term and to serve one more term. Mayor Klinzing indicated that there is a motion on the table to reconsider the following motion, which was made by Councilmember Thompson at the December 7, 1998, Council meeting: "That any board or commission that has the S:\CLERK\BOARDCOM\History~.esidency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 4 January 13, 2003 ability to recommend or propose a tax levy or fee increase allow only residents of the city of Ell< River on the board or commission." Councilmember Farber indicated concern in the matter of the Ice Arena Commission being included in the residency requirements. He stated that the Ice Arena Commission is more complicated due to its relationship with Youth Hockey, and that the issue should be tabled to be presented at a future meeting allowing for public input. He further noted that he would not be opposed to the residency requirement if the Ice Arena Commission were excluded. City Attorney Peter Beck indicated that Council may amend the city code with respect to each commission in separate ordinance amendments, or amend the ordinance with a straight-across-the-board residency requirement. In either event, he advised staff to prepare draft ordinance amendments to be reviewed by Council at a future meeting. Councilmember Matin indicated that when seeking board and commission applicants, there could be a lack of qualified or interested Elk River Residents. He stated that there may be highly qualified non-resident business owners in the city of Elk River that (under a residency requirement) would be disqualified. COUNCILMEMBER THOMPSON MOVED TO DIRECT STAFF TO PREPARE AMENDMENTS TO THE CITY CODE FOR EACH BOARD AND COMMISSION REGARDING RESIDENCY, REQUIRING MEMBERS OF THE COMMISSION TO BE A RESIDENT OF THE CITY OF ELK RIVER AND TO ALLOW CURRENT NON-RESIDENT MEMBERS TO BE GRANDFATHERED- IN TO ALLOW THEM TO FULFILL THEIR CURRENT TERM, AND SERVE ONE MORE TERM ON THAT BOARD OR COMMISSION; AND THAT THE ORDINANCE AMENDMENTS BE BROUGHT BACK TO THE CITY COUNCIL FOR ACTION AT A FUTURE MEETING, AND THAT COUNCIL TAKE PUBLIC INPUT AT THE MEETING IN WHICH THE ISSUE IS DISCUSSED. COUNCILMEMBER DIETZ SECONDED THE MOTION. Councilmember Matin indicated that he would prefer to see a preference shown in the city's ordinance for residency, but not a total disqualification. THE MOTION CARRIED 3-2. Mayor Klinzing, Councilmembers Dietz and Thompson voted aye. Councilmembers Motin and Farber voted nay. 6. 1/25/99 Council Minutes 6.3. Consider Ordinance Amendments Relatinq to Residency on Boards and Commissions City Clerk Sandra Peine distributed revised draft ordinances and stated that per Council direction, staff has prepared ordinance amendments relating to residency on boards and commissions. She stated that each amendment is drafted with language allowing only Elk River residents to serve on commissions, and that ordinances have been drafted for each individual commission. She further stated that the ordinance amendments include language allowing non- residents currently serving on commissions to be grandfathered-in for one more term. S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 5 January 13, 2003 The City Clerk entered into the record two citizen letters regarding this issue; one letter addressed to the Mayor and Council from Duane Kropuenske in favor of residency requirements, and a second letter addressed to the Mayor and Council from David Anderson opposed to residency requirements. Mayor Klinzing opened the floor for public input on this issue. Lana Huberty, Park and Recreation Commissioner, indicated that she is not in favor of amending the ordinance to include a residency requirement for the Park and Recreation Commission. She noted that the City Council has the opportunity to appoint non residents and also that the City Council makes the final decision on spending money in the city. Clair Olson, Park and Recreation Commissioner, indicated that it is in the city's best interest to find the best qualified individual for a board or commission regardless of whether or not the individual resides in or out of the city. He further stated that the school district encompasses an area larger than the city of Elk River. Clair Olson indicated that he is opposed to residency requirements. Dana Anderson, Park and Recreation Commissioner, indicated that there are some commissions in the city of Elk River that are unique in that they deal with youth organizations and youth agencies that are not located only within the city of Elk River. He stated that not changing the ordinance would serve the city in its greatest capacity. John Kuestero Park and Recreation Commissioner, indicated that the Park and Recreation Commission is a joint partnership. He stated that many facilities within the city of Elk River were built and financed by many people and organizations outside of the city of Elk River. Councilmember Matin stated he does not feel there should be restrictions on residency on the commissions because they are volunteer in nature. He proposed that any changes to the ordinance not include a residency requirement. Councilmember Farber stated he feels the Park and Recreation Commission and Ice Arena Commission are unique in that they serve residents outside of the city limits. He further stated that the City Council has the final say in regard to spending money. Councilmember Thompson indicated that he has been approached by many of his constituents regarding this issue. He stated that all but one of the people he has spoke to regarding this matter are in favor of residency requirements. He stated that as he is acting on the behalf of his constituents he will be voting in favor of a residency requirement for boards and commissions. Bryan Adams, Utilities General Manager, stated that by adopting a residency requirement the city will be excluding people from serving on the Utilities Commission who are served by Elk River Utilities. Councilmember Dietz stated that when the park ordinance was amended years ago to allow outside residents, it was changed due to the lack of Elk River S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 6 January 13, 2003 applicants. He indicated that Elk River is a larger community now and there are many qualified residents within the city requesting to serve on city boards and commissions. Councilmember Dietz further stated that he felt it was fair to grandfather in those non residents currently serving on boards and commissions for one more term. Mayor Klinzing indicated that the residency issue is an important issue to the people she has talked to. She further stated that the people she has talked to regarding this issue are interested in restricting board and commission members to the citizens of Elk River. Councilmember Matin suggested the following amendment to the proposed four ordinances; instead of the ordinance indicating that the term shall end on February 28, he suggested that the term end on the last day of February. Councilmember Matin further suggested that the sentence "members shall hold office until their successors have been appointed" be combined with the sentence indicating that terms shall end on the last day of February. There being no further public comment, Mayor Klinzing closed the floor. 6.3b. Park and Recreation Commission COUNCILMEMBER MOTIN MOVED TO ADOPT ORDINANCE 99-3 AMENDING SECTION 216.06 OF THE CITY CODE OF ORDINANCES RELATING TO THE PARK AND RECREATION COMMISSION WITH THE CHANGES AS DISCUSSED RELATING TO THE FEBRUARY 28 DATE AND FURTHER TO DELETE ANY REFERENCE RELATED TO RESIDENCY AND, IN ITS PLACE, TO STATE "IT IS EXPECTED THAT A PREFERENCE BE GIVEN TO ELK RIVER RESIDENTS, BUT RESIDENCY BY ITSELF SHALL NOT BE A DISQUALIFICATION" AND FURTHER, TO DELETE SECTION 2 OF THE ORDINANCE AMENDMENT RELATING TO THE GRANDFATHER CLAUSE. COUNCILMEMBER FARBER SECONDED THE MOTION. COUNCILMEMBER MOTIN MOVED TO AMEND THE MOTION BY REPLACING THE QUORUM SENTENCE WITH THE FOLLOWING SENTENCE: "A QUORUM OF THE COMMISSION SHALL CONSIST OF A MAJORITY OF THE SII'rlNG MEMBERS." COUNCILMEMBER FARBER SECONDED THE AMENDMENT. THE MOTION FAILED 2-3. Councilmembers Dietz, Thompson, and Mayor Klinzing voting opposed. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99-3 AMENDING SECTION 216.06 OF THE CITY CODE OF ORDINANCES RELATING TO PARK AND RECREATION COMMISSION MEMBERSHIP AND THAT THE ORDINANCE INCLUDE THE AMENDMENT RELATING TO TERMS EXPIRING AT THE END OF FEBRUARY AND FURTHER TO INCLUDE THE LANGUAGE THAT A QUORUM OF THE COMMISSION SHALL CONSIST OF A MAJORITY OF THE sErrING MEMBERS. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Farber and Motin opposed. 6.3a. Plannin.q Commission S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 7 January 13, 2003 COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99- 4 AMENDING SECTION 214.02 OF THE CITY CODE OF ORDINANCES RELATING TO MEMBERSHIP ON THE PLANNING COMMISSION AND THAT THE ORDINANCE INCLUDE THE AMENDMENT RELATING TO TERMS EXPIRING AT THE END OF FEBRUARY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.3c. Ice Arena Commission Councilmember Farber stated he felt the Ice Arena Commission was a unique situation. He stated that it was a partnership with youth hockey who have approximately $2 million into the current facility. He stated he feels a majority of the members should be Elk River residents, however there should be room for non residents on the commission. He further stated that Elk River Youth Hockey Association has made a significant commitment to the facility. COUNCILMEMBER THOMPSON MOVED TO ADOPT ORDINANCE 99-5 AMENDING SECTION 217.04 OF THE CITY CODE OF ORDINANCES RELATING TO MEMBERSHIP AND TERMS ON THE ICE ARENA COMMISSION AND THAT THE ORDINANCE INCLUDE THE AMENDMENT RELATING TO TERMS EXPIRING AT THE END OF FEBRUARY. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Farber and Motin opposed. 6.3d. Utilities Commission COUNClLMEMBER DIETZ MOVED TO ADOPT ORDINANCE 99-6 AMENDING SECTION 210.02 OF THE CITY CODE OF ORDINANCES RELATING TO MEMBERSHIP OF THE PUBLIC UTILITIES COMMISSION AND THAT THE ORDINANCE INCLUDE THE AMENDMENT RELATING TO TERMS EXPIRING AT THE END OF FEBRUARY. COUNCILMEMBER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmembers Farber and Motin opposed. 7. 12/9/02 - Council Minutes 6.1. Memo from Councilmembers Kuester and Dietz Regarding Term Limits Councilrnember Kuester introduced a memo from herself and Councilmember Dietz. The memo included a proposal for an ordinance amendment that would allow Park Commission members who are serving as non-residents as of December 2002 to continue to serve on the Park Commission. Councilmember Kuester stated that Dave Anderson has served on the Park and Recreation Commission for 15 years. With his term expiring on February 28, 2003, the current ordinance would not allow him to be reappointed. She indicated that he has much knowledge of the history of City park and recreation development as well as much experience in recruiting and working with park volunteers and that it would be a mistake not to reappoint him. Following discussion of this issue, it was the consensus of the City Council that it would be more appropriate to revise the ordinance to allow people outside of the City to serve on city commissions, but allowing the Council to give preference to Elk River residents who apply. S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 8 January 13, 2003 The Council directed staff to review the ordinance and to bring the issue back to the Council for discussion when the City Attorney is present. 8. City's Existing Ordinance - Park and Recreation Commission Sec. 2-232. Membership; officers; compensation of members; training courses. (a) The park and recreation commission shall consist of eight 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. Each member of the commission shall be a resident of the city. 9. Ci .ty's Existing Ordinance - Ice Arena Commission 1 Sec. 2-252. Membership; officers; compensation of members. (a) The ice arena commission shall consist of seven members who shall be appointed by the council for terms of three years. The commission will consist of the following: (1) Two representatives designated by the Elk River Youth Hockey Association. (2) One representative designated by Independent School District 728. (3) One representative of the park and recreation commission. (4) One representative of the city council. (5) Two representatives from the public. All terms shall end on the last day of February; however, members shall hold ffice until their successors have been appointed. A vacancy during the term of any member shall be filled by city council appointment for the remainder of the term. Officers of the commission shall consist of chair, vice-chair, and secretary, as elected by the commission. 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 the absence of the chair. If a vacancy occurs in the S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information January 13, 2003 Page 9 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. The secretary shall prepare minutes of the commission meetings and assume the chair's duties in the absence of the chair and vice-chair. A quorum shall consist of a majority of the sitting members. Each member of the commission shall be a resident of the city. [ 10. City's Existing Ordinance - Planning Commission Sec. 2-326. Membership. Members of the planning commission shall serve as the board of adjustments required pursuant to Minn. Stats. § 462.354, subd. 2. Members shall serve until the expiration of their term as planning commission members. Board members shall serve without compensation but may be paid for necessary expenses. Each member of the commission shall be a resident of the city. 11. City's Existing Ordinance - Utilities Commission Sec. 2-273. Membership. Each member of the public utilities commission shall be a resident of the city. Terms expire on the last day of February in the appropriate year. I12. City's Existing Ordinance - Heritage Preservation Commission 13. Sec. 2-212. Membership; officers. The heritage preservation commission shall consist of seven 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. The members of the heritage preservation commission, by a majority vote, shall elect one of the appointed commissioners at the first meeting of the year to serve as chair and one to serve as vice-chair. Commission members must be persons with demonstrated interest or expertise in historic preservation and must reside within the city. The heritage preservation commission shall include, if available, a member of the Sherburne County Historical Society. Ci .ty's Existing Ordinance - Library Board No City Ordinance - Operate under State Statute and By-laws. No mention in the By-laws regarding residency. S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information January 13, 2003 Page 1o 14. Library Board - State Statute - 134.09 Subdivision 1. Appointment. When public library service is established, except in any city of the first class operating under a home rule charter, the mayor of the city with the approval of the council for a city library or the board of commissioners for a county library, shall appoint a board of five, seven or nine members from among the residents of the city or county. If the city library is a branch or a member of a regional public library system, as defined in section 134.001, the mayor, with the approval of the city council, may appoint to the city library board residents of the county, provided that the county is padicipating in the regional public library system and that the majority of the members of the library board are residents of the city. The number of members on the board shall be determined by resolution or ordinance adopted by the council or the board of commissioners. Not more than one council member or county commissioner shall at any time be a member of the library board. The appointments shall be made before the first meeting of the library board after the end of the fiscal year. 15. Ci ,ty's Existing Ordinance - Economic Development Authori .ty No City Ordinance - Operate under State Statute and By-laws. No mention in the By-laws regarding residency. 16. EDA - State Statute 469.095 17. 469.095 Commissioners; appointment, terms, vacancies, pay, removal. Subdivision 1. Commissioners. Except as provided in subdivision 2, paragraph (d), an economic development authority shall consist of either three, five, or seven commissioners who shall be appointed after the enabling resolution provided for in section 469.093 becomes effective. The resolution must indicate the number of commissioners constituting the authority. Subd. 2. Appointment, terms; vacancies. (a) Three-member authority: the commissioners constituting a three-member authority, one of whom must be a member of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, four, and six years, respectively. Thereafter all commissioners shall be appointed for six-year terms. City's Existing Ordinance - Housing and Redevelopment Authority No City Ordinance - Operate under State Statute and By-laws. No mention in the By-laws regarding residency. S:\CLERK\BOARDCOM\HistoryLResidency Requirements Background.doc Board and Commission Residency Requirement Background Information January 13, 2003 Page 11 18. HRA - State Statutes 469.003 ] Subd. 5. Commissioners. An authority shall consist of up to seven commissioners, who shall be residents of the area of operation of the authority, who shall be appointed after the resolution becomes finally effective. If any additional commissioners are appointed, one of the commissioners must be appointed in accordance with the requirements of Code of Federal Regulations, title 24, part 964. Subd. 6. Appointment; approval; term; vacancy. The commissioners shall be appointed by the mayor, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years, respectively. Thereafter all commissioners shall be appointed for five-year terms. Each vacancy in an unexpired term shall be filled for the remainder of the term for which the original appointment was made. Any member of the governing body of a city may be appointed and may serve as a commissioner of the authority for the city. The council of any city which appoints members of the city council as commissioners may set the terms of office of a commissioner to coincide with the commissioner's term of office as a council member. 19. Elk River Current Ordinance Requirements Board/Commission Term Length Residency Number Other Issues Requirement of Members Mayor/Council Jan 1 - Dec 31 Elk River 1 mayor (4 yrs) Resident 4 council Planning Commission Mar 1 - Feb 28 Elk River 7 members (3 yrs) Resident Park and Recreation Mar 1 - Feb 28 Elk River 8 members Commission (3 yrs) Resident Utilities Commission Mar 1 - Feb 28 Elk River 3 members 1 council (3 yrs) Resident representative Heritage Preservation Mar 1 - Feb 28 Elk River 7 members 1 Sherburne Commission (3 yrs) Resident County Historical Society Ice Arena Commission Mar 1 - Feb 28 Elk River 7 members 2 Youth (3 yrs) Resident Hockey 1 School Dist. 1 Park & Recreation 1 S:\CLERK\BOARDCOM\History~esidency Requirements Background.doc Board and Commission Residency Requirement Background Information Page 12 January 13, 2003 Councilmember 2 Public Economic Development Jan 1 - Dec 31 Elk River 7 members 1 Mayor Authority (EDA) (6 yrs residents) Resident 3 Council Length of Members council term for 3 Residents Council/Mayor Housing and Redevelopment Jan 1 - Dec 31 Elk River 5 members Authority (HRA) (5 yrs) Resident Library Board Jan 1 - Dec 31 Sherbume 5 members 3 term (3 yrs) County maximum Resident S:\CLERK\BOARDCOM\History~Residency Requirements Background.doc WE THE UNDERSIGNED, CITIZENS OF THE CITY OF ELK RIVER, MINNESOTA. DO PETITION, SAID CITY OF ELK RIVER, MINNESOTA, THAT THE CITY OF ELK RIVER, MINNESOTA, SHALL NOT ALLOW, NON-RESIDENTS OF THE CITY OF ELK RIVER, MINNESOTA TO SERVE ON ANY COMMISSION, COMMITTEE, OR BOARD OF ADVISORY, SETTING POLICY FOR THE CITY OF ELK RIVER, MINNESOTA. I.E. PLANNING, UTILITY, H.R.A., E.D.A., PARK, ZONING, OR ANY OTHER POLICY AND/OR SPENDING BOARD, COMMITTEE, OR COMMISSION WHICH MAY ORGANIZE AT A FUTURE DATE.FOR THE PURPOSE OF DETERMINING AND INFLUENCING THE LIFE OF ANY CITIZEN OF THE CITY OF ELK RIVER, MINNESOTA. THE CITY OF ELK RIVER, MINNESOTA, MAY, HIRE A CONSULTANT TO ADVISE A BOARD, COMMISSION, OR COMMITTEE. HE/SHE MAY NOT CAST A VO~WITH THE GROUP BEI'~'~---~)¥-/~SED. ' ,,~ -.,, ..,..~ . ~ '" ' ~~-/ ~ . . WARD .:., ~'.,"?cz ,.~, "~,, '~.~:.~ :~..' _ '?'~<' ~? e.~.~ ',,;, ~',.'~" {C~:~d~,'. / :~.':... ~,- ~ ~ '~ NAME ADDRESS WARD To: Mayor Kiinzing and Councilmembcrs Motin and Tveite From: Councilmembers Dietz and Kuester We would like to propose an ordinance amendment to allow Dave Anderson to continue to serve on the City Park Commission. Because we agree with the basic concept of restricting service on the commission to Elk River residents, our original intent was to have an "exception." However, a conversation With Peter Beck directed us to proceed by introducing an ordinance amendment that would allow Park Commission members who are serving as non-residents (as of 12/02) to continue to serve on the Park Commission. It is our belief that an individual who has shown such extraordinary dedication, commitment, and leadership in service to the City's park and recreation efforts for fifteen years should be allowed to continue to serve. In fact, at a time of major growth and transition in both of these two areas, it would be a mistake to exclude the Park Commissioner who has the most knowledge of the history of City park and recreation development as well as the most experience recruiting and working with park volunteers. In support of our proposal we list the following qualifications for Dave Anderson. Has regularly attended monthly Park Commission meetings in addition to attending many Planning Commission, City Council, and adjunct committee/special meetings. Has regularly volunteered every week to work on Park development and maintenance Has been deeply involved in the leadership, recruitment of volunteers and the creative development of several recreational areas i.e. baseball/softball, cross country skiing, bike trails, snowmobile regulations, biathlon range, and natural prairie development of selected city properties. Has served as a resource with much familiarity with current Parks as well as much knowledge of the geography of Elk River and County Park and Trail plans.