14. Commission Vacancies II f
C I TY OF
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. • CHANHASSEN
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690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
' MEMORANDUM
TO: Mayor and City Council
FROM: Don Ashworth, City Manager tA
DATE: February 12, 1990
' SUBJ: Commission Vacancies
At the last City Council meeting, Councilwoman Dimler had
requested that this item be placed onto the next agenda.
' Except for Housing and Redevelopment Authority appointments,
state law is silent in regards to local procedures for filling
vacancies on commissions. Our local ordinance only requires that
the selection be made by the City Council with any member making
the nomination. There is no typical policy; however, if one were
to be chosen, it appears to be simply having
citizens/reappointment candidates make such known to the City
' Council. For many years, the City operated under the basis of
having each commission interview candidates, but did not, typi-
cally, interview one of their own members if reappointment was
' being sought. Mayor Hamilton had championed for a change
approximately three to five years ago stating that it was only
logical that a member seeking reappointment should have to go
through the same process as a new candidate. Under the previous
ordinance, the Mayor had greater flexibility in terms of being
the only individual permitted to make a nomination and, accor-
dingly, most of the interviews during that time were conducted
' solely by the Mayor.
Two questions appear to be asked by Councilwoman Dimler:
1. Serving After Expiration of Term: If this policy is desired
to be changed, the existing ordinance requires amendment.
Specifically, Section 2-46 states that "Once appointed an
' applicant shall serve until the expiration of the term of
appointment and following appointment of the applicant's
successor" (emphasis added) ; and
2 . Filling Vacancies: As noted above, the current policy
regarding filling vacancies is totally discretionary.
Modification to this could be accomplished by simple
majority.
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§2-46 CHANHASSEN CITY CODE `
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ARTICLE IV.BOARDS AND COMMISSIONS*
IDIVISION 1.GENERALLY
ISec. 2-46. Appointment to city committees and commissions.
All vacancies on committees, commissions, and boards shall be advertised to seek appli-
I cants. The city council may interview applicants before making appointment. With the
exception of the housing and redevelopment authority,all appointments shall be by majority
vote of the city council. Once appointed, an applicant shall serve until removed, with or
I without cause, by a four-fifths vote of the city council, until the expiration of the term of
appointment and following appointment of the applicant's successor.Vacancies during a term
shall be filled for the unexpired portion of the term.
ISecs. 247-2-55. Reserved.
IDIVISION 2. HOUSING AND REDEVELOPMENT AUTHORITY#
ISec. 2-56. Authority to adopt housing plan,issue bonds,etc.
The city housing and redevelopment authority is authorized to exercise on behalf of the .�
I city all of the powers conferred by Minnesota Statutes sections 462C.01 to 462C.08,including
without limitation, the power to adopt a housing plan and program and to issue and sell
mortgage revenue bonds for single family housing.
I (Ord. No. 75, 11-7-83)
Secs. 2-57-2-65. Reserved.
IDIVISION 3. PUBLIC SAFETY COMMISSION#
ISec. 2-66. Definitions.
In this division "police agency" means the Carver County sheriff's department or such
I other law enforcement agency designated by the city council to provide regular public safety
services to the city.
(Ord.No.70-B, § 1.01, 10-1-84)
I *Cross references—Horse committee, §5-103;board of fire officers, §9-19;firemen relief
association, § 9-24; park and recreation commission, § 14-16 et seq.;planning commission, §
15-16 et seq.
I
State law reference—Authority to establish advisory boards and commissions, M.S. §
412.621(2).
tState law reference—Creation of city housing and redevelopment authority, M.S. §
I 462.425.
*Cross reference—Fire prevention and protection,Ch.9. )
I60
City Council Meeting - January 22, 1990 s I
II
Councilman Workman: I don't know if it was down on the lakes, Lake Harriet and T I
stuff, that was one of the biggest, most political issues they ever faced down 1 I
there. Are you prepared to take on all comers in that?
Councilman Johnson: Sure. I'll take then on. I
Mayor Ch oriel: You might be standing by yourself.
Councilman Boyt: It wouldn't be the first time would it Jay? I
Councilman Johnson: No, it wouldn't be the first time.
Councilman Workman: I don't know, there's something holy about. I
Councilman Johnson: Letting your dog do it on somebody else's lawn. I
Councilman Workman: Well. I'm not promoting that now.
Councilman Johnson: How can you argue against a pooper scooper law? I
Councilman Workman: Well you wait. I'm just telling you, you wait. It's an
inventory thing. When you're starting to tell people about territory. I
Councilman Johnson: Territory? Well you know, we actually have a law in this
city against dogs going on parkland. You can't bring your pets, and I
personally believe that if you clean up after them, I don't see a problem with 1
pets in the parks too. There are certain areas you may not want then in because
you can't clean up after they pee and you don't want, you know the kids rolling
a hill don't want to go in that. There may be some, but I think there's roam in I
a park for a pet too. But anyway. I'd like staff to look into pooper scooper
ordinances.
II
KCO
uncilwoman Dinner: I have a question I guess and a recommendation for the
interviewing process that we have for our commissions. I guess it's been only
within the last 4 years that the commissions themselves have interviewed the
II
applicants and I guess I think that's a fine idea until you get to the point
where people have expired terms and they are wanting to be re-applied and yet
they sit in on the interviewing process of the new applicants. I think that
II
might be a conflict of interest there and I think that it makes some of the
other commissioner members uncomfortable because they, with those people that
are reapplying and also into the process they're not comfortable with stating
how they really feel. So I don't know what to do about it but I would say that II
we'd have to have same guidelines as to the people with the expired terms that
are reapplying would not be in the interview process. So that they're not
interviewing the new applicants. I
Councilman Workman: I agree with that I'd also go along with, and this is for
department head's sake, that if your term's up, it's up. 1
Councilman Johnson: No, automatic reappointment?
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68 1
,City Council Meeting - January 22, 1990
Councilman Workman: I think it would behoove the department head to get the
Pa g
process going 2 months prior rather than a month after, you know what I mean? I
know right now we've got 3 people up on Park and Rec. I understand there's a
problem getting some candidates and stuff and it's not just them. The HRA, it's
everything. If your term is up, it's up. If it creates a quorum problem, then
the department head beware.
Councilman Johnson: Oh, you're saying if the term is up, it's been the policy
in the past that they would hold over until they've been replaced.
Councilman Workman: Right. I'm saying I think we have the ability to think
ahead and see that there's people's terms up. Let's take care of it before.
Just like the City Council.
Councilwoman Dimler: Two months prior.
Councilman Johnson: One time that that's not a good idea is during lame duck
season. Okay, where a lame duck Council appoints new commissioners. Appoints
themselves onto the next commission. Things like that. In other words, an
election year, this year caning up, if we had things expiring_next December 31st
and on November 30th if Bill and I and Don don't get re-elected or if we don't
run or whatever, that we then get to make these appointments. I think it's
appropriate maybe to hold off on the appointments during that time. I think we
did that, or tried to do that a little bit. We did that when you all came on
board I believe. We held same of the appointments off so you could be involved
in same of the appointments.
Councilman Workman: Then maybe they shouldn't be during calendar year. Maybe
they should be made in May. Terms should expire in May or something.
Councilman Johnson: That's a good idea.
ICouncilman Workman: I buy that point. I'm just saying.
Councilwoman Dimler: Yeah, not have it be so close to year end.
Councilman Johnson: There's nothing sacred about December 31st.
Councilman Workman: Other than it's going to change everybody's term. But you
know, just so that department heads, and I'll department heads and Todd you're
the HRA department head aren't you. That we get the action going for the
December 31st in October or something. It's public safety. It's everything.
So that we don't have, number one, gaps because now those people are doing a
favor by saying, well I'm just not going to come because I'm not a member
anyway.
I I Councilman Johnson: That's rotten time of year, December. It's Christmas,
Thanksgiving, Christmas holidays.
II Councilwoman Dimler: And advertising at that time is.
Councilman Johnson: It's useless. Everybody's running around. They're trying
to buy the last Cabbage Patch doll. I think the thing we brought up of moving
II all the commissions to different than January.
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