HomeMy WebLinkAbout10.a. Selection Policy AmendmentsCITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. VIII.5
AN ORDINANCE RELATING TO COMMISSIONS
AMENDING CITY CODE CHAPTER 2
The City Council of the City of Rosemount, Minnesota, ordains as follows:
SECTION 1 . Section 2 -1 of the Rosemount City Code is amended to read as follows:
Section 2 -1 -1 ESTABLISHMENT OF COMMISSION:
A City Planning Commission for the City is hereby established. The Commission
shall be the City Planning Agency.
Such Planning Commission shall consist of at least yp to five (5) members to be appointed by
the City Council and may be removed by a four -fifths (4/5) vote of the Council. Planning
Commission members may be removed by the City Council at any time when, in the judgement
of the Council, the public welfare will be promoted by such removal.
Terms of the Commissioners shall be determined in the Planning Commission bylaws.
Compensation for the members shall be determined by the City Council. (Resolution 1992 -141).
Section 2 -1 -2: ORGANIZATION AND MEETINGS:
Officers Eleeted City Council will appoint the Commission ChaiMerson for a one -year term
The Commission will elect a vice - chairperson and other offices as determined in the bylaws
The Commission shall eleet a ehaittmaii fiem ameng its appeiRted member-s for- a term of one
year- and the Commission ma� er-eate and fill sueh other- effiees as detefmined in the bylaws.
(Add new section) Section 2 -1 -3: OATH; COMPENSATION:
Every appointed member shall, before entering upon the discharge of his duties, take an oath that
he will faithfully discharge the duties of his office. Compensation for the members shall be
determined by the City Council. (Resolution 1992 -141).
(next section re- numbered) Section 2 -1 -4: ZONING POWERS AND DUTIES:
(no chanze to this section's contents)
SECTION 2. Sections 2 -2 -1 to 2-2-3, Parks & Recreation Committee is amended to read:
Parks & Recreation Comm Commission
Section 2 -2 -1 COMMITTEE ESTABLISHED; ESTABLISHMENT OF
COMMISSION: A City Parks and Recreation G& Commission is hereby
established for the City. (Ord.VIII.1, 10 -5 -71)
ORDINANCE NO. VIII.5
The Commission shall consist of up to five (5) members appointed by the City Council. Terms of
the members shall be determined in the Commission bylaws.. (Ord. VIII.2, 206073 • amd. 1983
Code; Ord. VIII. , 4- 17 -01).
G. Purpose: The purpose of the Cenimit4ee is to assist the City Couneil in establishing a PWFI.E.
and r-eer- eatiensystem 4ffetighetA the entife City for- all eitizens '
of *�ze City— (see Powers &
Duties)
Section 2 -2 -2: ORGANIZATION AND MEETINGS
other o freers -it deems nee-essa —The City Council will appoint the Chairperson each year. The
Commission shall elect a vice - chairperson from its members together with such other officers it
deems necessary. The wee Commission shall meet at least once a month at a time and
place set by majority votes of the members and shall submit its official meeting minutes to the
City Council each and every month.
Section 2 -2 -3: OATH; COMPENSATION:
(add reference. Resolution 1992 -141)
SECTION 3 . Sections 2 -4 -1 to 2 -4 -4 Public Utilities Commission is amended to read:
Section 2 -4 -1: ESTABLISHMENT OF COMMISSION: The Public Utilities Commission of
the City as authorized by Minnesota Statutes, sections 412.321 through 412.391, which sections
are hereby expressly accepted, is hereby established.
The Commission shall consist of three (3) members appointed by the City Council for three (3)
year terms. Terms will commence on April 1 of the year appointed.
N P
.•
The Commission shall consist of up to five (5) members appointed by the City Council. Terms of
the members shall be determined in the Commission bylaws.. (Ord. VIII.2, 206073 • amd. 1983
Code; Ord. VIII. , 4- 17 -01).
G. Purpose: The purpose of the Cenimit4ee is to assist the City Couneil in establishing a PWFI.E.
and r-eer- eatiensystem 4ffetighetA the entife City for- all eitizens '
of *�ze City— (see Powers &
Duties)
Section 2 -2 -2: ORGANIZATION AND MEETINGS
other o freers -it deems nee-essa —The City Council will appoint the Chairperson each year. The
Commission shall elect a vice - chairperson from its members together with such other officers it
deems necessary. The wee Commission shall meet at least once a month at a time and
place set by majority votes of the members and shall submit its official meeting minutes to the
City Council each and every month.
Section 2 -2 -3: OATH; COMPENSATION:
(add reference. Resolution 1992 -141)
SECTION 3 . Sections 2 -4 -1 to 2 -4 -4 Public Utilities Commission is amended to read:
Section 2 -4 -1: ESTABLISHMENT OF COMMISSION: The Public Utilities Commission of
the City as authorized by Minnesota Statutes, sections 412.321 through 412.391, which sections
are hereby expressly accepted, is hereby established.
The Commission shall consist of three (3) members appointed by the City Council for three (3)
year terms. Terms will commence on April 1 of the year appointed.
(remainder of this section is not changed)
Section 2 -4 -3: : OATH /COMPENSATION:
1v M M
-MAELEAMM -W
WOO
..
(remainder of this section is not changed)
Section 2 -4 -3: : OATH /COMPENSATION:
1v M M
-MAELEAMM -W
ORDINANCE NO. VIII.5
Every appointed member shall, before entering Lipon the discharge of his /her duties take an oath
that he will faithfully discharge the duties of his office. Compensation for the members shall be
determined by the City Council. (Ord. VIII -1, 10 -5 -71; amd. 1983 Code Resolution 1992-141)
(no change to remaining paragraph)
SECTION 4 . This Ordinance shall be effective immediately upon its passage and publication.
ADOPTED this 17th day of April, 2001.
Cathy Busho, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Published this day of , 2001 in the "Rosemount Town Pages."
ORDINANCE XI.22
in all other directions. This water meter shall be a Sensus ECR and measure in 1,000
gallons.
4. Valves: Each meter setting shall be provided with an approved valve on the street side
and the house side of the meter. Such valves shall be well protected from freezing.
5. Meter Horns: Meter setting devices (meter horns) shall be used for installation of one
inch (F) or smaller meters.
6. Vertical Piping: All vertical piping extending from the water meter up to the horizontal
run shall be no smaller than one inch (1 ").
7. Meter Transceiver Units (MXU): Meter transceiver units shall be securely installed, by
the plumber, on the rater pipe or wall at least five (5') feet above the floor. All wires
shall be secured by use of wire ties or clips.
8. Effective Date: This subsection E shall apply to all plumbing or building permits appli
for on or after May 1, 2001, and all replacement or relocation of water meters.
R If a meter fails to register or accurately measure the water, the charge for water consumed'
shall be paid for at the established rate based upon past average billings as determined by
the City. (Ord. X1.19. 11 -19 -1996)
Section II. This ordinance shall be effective following its passage and publication.
ADOPTED this day of April, 2001 by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda Jentink, City Clerk
Published this day of , 2001 in the Rosemount Town Pages.
K
April 13, 2001
Mr. Tom Burt
City Administrator
City of Rosemount
2875 145' St. W.
Rosemount, MN 55068
RE: Planning Commission Member Removal
Dear Tom:
CHARLES L. LEFEvERE
Attomey at Law
Direct Dial (612) 337 -9215
email: clefevere @kennedy- graven.com
At the last City Council meeting, the Council asked that legal counsel address the legal standards
for removal of a planning commission member.
The planning commission is an advisory body. State law does not require that the City Council
establish a separate planning commission or that it be given any final decision - making authority.
Planning commission members serve as advisors to the City Council. The City Council could
perform the duties of the planning commission itself or could name its own members to serve on
the planning commission.
Therefore, state statutes do not suggest that the legislature intended to assure autonomy for the
planning commission from the City Council. The position of a planning commission member is
not a job or employment for the City. Rather, the planning commission is a creation of the City
Council. The statutes do not specify a term of office for planning commission members or
provide any protection to planning commission members in their positions. Planning
commission seats are essentially political positions, and planning commissioners serve at the
pleasure of the appointing authority, i.e., the City Council.
Minnesota Statutes Section 412.111 provides, in part, that "The council may, except as otherwise
provided, remove any appointive officer or employee when in its judgment the public welfare
will be promoted by the removal."
The law entrusts the decision of removal to the "judgment" of the City Council, and the only
standard stated in the statute is that, in the Council's judgment, "the public welfare will be
promoted by the removal."
CLL- 196040vl
RS215 -1
Mr. Tom Burt
April 13, 2001
Page 2 of 2
The City Council is, in some measure, responsible for the actions and effectiveness of the
planning commission because it appoints the members of the commission. The appointment is,
in many respects, a policy or political decision, and no . greater protection is afforded by the
statute, in the removal of a planning commissioners, than the general standard quoted above.
The City Council could determine, in its judgment, that the public welfare would be promoted by
replacing a democrat on the planning commission with a republican, or vice versa. Nothing in
the statute suggests that removal of a planning commission member would be inappropriate if the
City Council felt, in its judgment, that the public welfare would be promoted for such reasons as
that the commissioner in question was:
• too friendly to developers, or too hostile;
• too retiring to be effective, or too insistent to be collegial;
• not sufficiently creative, or full of impractical ideas;
• too insistent on leadership, or unwilling to assume it;
• not compatible with other members of the commission, or so similar to other
members that there is not a sufficient diversity of opinion;
or any of dozens of other reasons.
Whether removal, in the judgment of the City Council, would promote the public welfare is not a
legal question, and I offer no opinion on that. However, it is my opinion that (1) the- City
Council has very broad discretion in removing a planning commission member; (2) the City
Council is not required to prove incompetence or misconduct before removing a planning
commission member; and (3) although the City Council may state its reasons for taking such
action if it wishes to do so, there is no legal requirement that the City Council make findings or
formally state reasons or justification for its decision.
Very truly yours,
Charles L. LeFevere
CLL:lh
CLL- 19604ON
RS215 -1