ITEM 3.5 Reducing OHP commissioners'01
OtsTeF 11
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Administration
Lori Johnson, City Administrator
February 22, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent
Andy MacArthur, City Attorney
3.5
AGENDA ITEM DETAILS
RECOMMENDATION:
Recommend adoption of a change to the Heritage Preservation Commission (HPC) ordinance to reduce
the size of the commission from seven to five members.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
No
BACKGROUND/JUSTIFICATION:
This item was discussed briefly at the February 8 City Council meeting resulting in Council direction to
place it on the next consent agenda. The topic was raised following a lengthy advertisement for
commission members and receipt of no applications for the HPC.
Currently, there are seven members on the HPC. Recently, as stated above, there has been difficulty
recruiting and filling all seven seats on the Commission. At present, four seats are filled and three are
vacant. In order for the HPC to meet quorum and conduct business, all four existing members must be
present. Reducing the membership to five members would reduce the number required for a quorum
to three. A five member commission still leaves one vacant seat with no applications pending; however,
it will allow one member to be absent while still meeting quorum. Advertisement for a fifth
commissioner will continue until the vacant seat is filled.
SUPPORTING DOCUMENTS: X ❑ ATTACHED ❑ NONE
• Proposed Ordinance Chapter 3 Section 4: Heritage Preservation Commission
• Resolution 2016-19 Resolution amending Chapter 3, Section 4 of the City Code
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approved resolution 2016-19 a resolution amending Chapter 3, Section 4: Heritage
Preservation Commission of the City Code.
SECTION 4
HERITAGE PRESERVATION COMMISSION
Section:
3-4-1:
Establishment
3-4-2:
Membership and Terms
3-4-3:
Meetings, Officers, and Procedures
3-4-4:
Duties and Functions
3-4-5:
Compensation
3-4-1: ESTABLISHMENT: A Heritage Preservation Commission is hereby
established in accordance with the provisions of Chapter 20, Section 96 of the City
Code. (Ordinance 2012-16, adopted November 26, 2012)
3-4-2: MEMBERSHIP AND TERMS:
A. The Heritage Preservation Commission shall consist of sevenfive (75) members,
all of whom are appointed by majority vote of the City Council.
B. The terms of each member of the Heritage Preservation Commission shall be
four (4) years staggered and overlapping as presently established beginning
March 1 of the first year and shall expire on the last day of February of the last
year of the respective term. (Ordinance 2012-16, adopted November 26, 2012)
C. Persons appointed to the Heritage Preservation Commission shall be at the
discretion of the City Council. Persons eligible for appointment shall meet the
criteria set forth in Section 20-96-3 of the City Code and include any and all adult
resident property owners of the City of Otsego, except that the City Council may
appoint up to two (2) persons that are not resident property owners.
Appointment to the Heritage Preservation Commission shall be by majority vote
of the City Council. (Ordinance 2013-16, adopted December 9, 2013)
D. The City Council shall also appoint one (1) of its members as a non -voting ex-
officio member of the Heritage Preservation Commission who shall attend
Heritage Preservation Commission meetings and act as a liaison between the
City Council and the Heritage Preservation Commission.
E. The Zoning Administrator shall serve as the City staff liaison to the Heritage
Preservation Commission.
F. The City Council may also appoint alternate member(s) to a term determined by
the City Council from time to time as they deem necessary. The alternate(s)
shall attend all regular and special meetings of the Heritage Preservation
Commission and shall act as a replacement at any specific meeting in the event
of the absence, for whatever reason, of any regularly appointed member of the
Heritage Preservation Commission.
G. In the event of a vacancy during the term of any member of the Heritage
Preservation Commission, the vacancy shall be filled by appointment by the City
Council and shall run until the current term expires.
H. Removal:
1. Any member of the Heritage Preservation Commission may be removed
from office with or without cause by a four -fifths (4/5) vote of the entire City
Council.
2. Any member of the Heritage Preservation Commission who misses three
(3) consecutive Heritage Preservation Commission meetings in a calendar
year, calculated at the end of each calendar year, due to unexcused
absences, may be removed from office upon approval of the City Council.
Excused absences include: a serious personal or family medical condition,
death in immediate family or unanticipated work -related commitment. It
shall be the duty of each member to notify the City staff liaison or
recording secretary if the member will be unable to attend a meeting.
(Ordinance 2012-16, adopted November 26, 2012)
3-3-3: MEETINGS, OFFICERS AND PROCEDURES:
A. Meetings:
1. The Heritage Preservation Commission shall hold a minimum of one (1)
regular meeting per month on the second Tuesday of each month unless
canceled by the Chair due to a lack of business items or lack of a quorum.
2. A special meeting of the Heritage Preservation Commission may be called
by the Chair or by approval of a motion of the majority of the members
stating the purpose of such meeting with written notice posted at least
three (3) days in advance of the meeting.
3. Any site inspection involving fa rthree (43) or more members as a group
must be scheduled and noticed as a Special Meeting of the Heritage
Preservation Commission.
4. All meetings of the Heritage Preservation Commission shall be open to the
public and comply with the State Open Meeting Law requirements.
B. Officers:
1. The Heritage Preservation Commission shall elect officers from its
membership at its first meeting in March.
2. The officers of the Heritage Preservation Commission shall be:
a. Chair.
b. Vice -Chair.
C. Secretary.
3. Duties of the officers:
a. Chair.
(1) The Chair shall preside at all meetings of the Heritage
Preservation Commission and shall preserve order and
decorum and shall decide all questions of order.
(2) The Chair shall appoint any necessary committees and shall
appoint any committees requested by a majority of the
members.
b. Vice -Chair. The Vice -Chair shall preside at all meetings in the
absence of the Chair and perform such duties as requested by the
Chair.
C. Secretary. The Secretary shall provide for permanent records of
the Heritage Preservation Commission proceedings, which shall
include minutes of its meeting, its finding of fact, recommendations,
and the action taken on each matter which it considers, and are to
be submitted to the City Clerk.
C. A quorum of the Heritage Preservation Commission shall consist of fGudhree
(43) members.
D. The conduct of the Heritage Preservation Commission meetings shall be
governed by Robert's Rules of Order. (Ordinance 2012-16, adopted November
26, 2012)
3-3-4: DUTIES AND FUNCTIONS: The duties and functions of the Heritage
Preservation Commission shall be as set forth in Section 20-96-2 and Section 20-96-4
of the City Code. (Ordinance 2012-16, adopted November 26, 2012)
3-3-5: COMPENSATION: As compensation for services rendered as a member
of the Heritage Preservation Commission, each member and designated alternate(s)
shall receive $10.00 for attendance at each regularly scheduled or special meeting.
(Ordinance 2012-16, adopted November 26, 2012)
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2016-19
A RESOLUTION AMENDING PORTIONS OF CHAPTER 3, SECTION 4, HERITAGE
PRESERVATION COMMISSION, OF THE CITY CODE
WHEREAS, the City Council desires to change the membership of the Heritage
Preservation Commission from seven to five members; and,
WHEREAS, the City Council has determined that it is in the best interest of the City
and residents to amend the existing ordinance relating to the Heritage Preservation Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Otsego hereby adopts as follows:
The attached amended City Code, Chapter 3, Section 4, Heritage Preservation Commission
is hereby adopted.
The following vacant seats are hereby eliminated:
1. Vacant seat with term ending 2019
2. Vacant seat with term ending 2020
Adopted by the City Council of the City of Otsego this 22nd day of February 2016.
Vern Heidner, Vice Mayor
Tami Loff, City Clerk