CHAPTER 31: BOARDS AND COMMISSIONS

Section

General Provisions

31.001Board member term limits

Colonial Manor Nursing Home Board

31.035Establishment

31.036Facility name

31.037Membership; appointment

31.038Organization

31.039Duties

31.040Nursing Home Fund established

31.041Separate funds

31.042Administration of funds

31.043Limitation of powers; contracts; bids

Municipal Library Board

31.055Establishment

31.056Membership; appointment; terms

31.057Organization

31.058Powers and duties

31.059Library Fund established

31.060Annual report to Council

31.061Conformance to statute

31.062Intent

Public Utilities Commission

31.075Establishment

31.076Membership

31.077Jurisdiction, powers, and authority

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Boards and Commissions

Swimming Pool Board

31.105Establishment

31.106Members; appointment

31.107Term of office

31.108Powers and duties

31.109Promulgation of rules and regulations

Cross-reference:

Board of Zoning Appeals, see '152.192

Planning and Zoning Commission, see '152.191

Police Advisory Board, see ''32.01 et seq.

GENERAL PROVISIONS

'31.001 BOARD MEMBER TERM LIMITS.

All other city-created and appointed boards (excluding the Colonial Manor Board), including the Utility Commission and the Economic Development Authority, shall have their appointees= membership at any 1 period limited to 3 successive 3year appointments, and an appointee who shall have served 3 successive terms shall not be eligible for another appointment for a period of 1 year.

(1969 Code, '150.010)

COLONIAL MANOR NURSING HOME BOARD

'31.035 ESTABLISHMENT.

There shall be a Colonial Manor Nursing Home Board, whose duty it shall be to control and manage the Colonial Manor Nursing Home, Valley View and any other City Council-delegated activity.

(1969 Code, '12.010)

'31.036 FACILITY NAME.

The nursing home, operated by the city, shall be officially known as the AColonial Manor Nursing Home.@ The assisted living home, operated by the city, shall be officially known as AValley View.@

(1969 Code, '12.020)

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Boards and Commissions

'31.037 MEMBERSHIP; APPOINTMENT.

The Board shall be set by City Council resolution. The Board consist of residents of the city, except 2 may be residents of the rural townships of the county. Appointment to the Board shall be made by the affirmative vote of a majority of the Council. At the time of the adoption of this code, the Board shall consist of 9 members, whose terms of appointment expire at intervals, 3 per year. At its initial meeting in January of each year, the Council shall appoint appropriate persons each year for a term of 3 years to succeed the members whose terms expire in that year. Two members of the Board may be Members of the City Council whose Board terms shall be 1 year in length. All Board members shall hold their offices until their respective successors shall have been appointed and qualified. Vacancies on the Board shall be filled by affirmative vote of a majority of the Council without undue delay, but only for the unexpired terms of vacating members. Board members may also be removed from the Board for cause by a majority vote of the City Council. Membership on the Board shall be limited to 3 successive 3year terms; a Board member who has served 3 successive terms shall not be eligible for membership for a period of 1 year. The Council may also appoint non-voting members to the Board. Non-voting members shall have the same privileges, except voting, as voting members.

(1969 Code, '12.030) (Ord. 198, passed 1191993; Am. Ord. 201, passed 1181993; Am. Ord. 208, passed 1231996)

'31.038 ORGANIZATION.

Each year in January and after the first regular meeting of the Council, the Board shall meet to elect among its members a president, vice president, and secretary. The president shall preside at all meetings of the Board and shall sign with the secretary all contracts, orders, and other documents to be executed by the Board, subject to certain limitations as may be placed on it by the City Council. The vice president shall perform the duties of the president in the case of his or her absence or disability. The secretary shall keep a complete record of the minutes of each meeting at all proceedings of the Board and shall cause a copy of the record to be filed in the office of the City Clerk within 30 days after the meeting. The Board may prescribe additional powers and duties for its officers as may be consistent with the provisions of this subchapter.

(1969 Code, '12.040)

'31.039 DUTIES.

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Boards and Commissions

The Board shall have charge of the administration, maintenance, and control of the Colonial Manor Nursing Home, Valley View and other Council-delegated activities. It shall hire all necessary employees and fix and pay their compensation in a way consistent with Council policy and State Pay Equity Law. The Board shall purchase all necessary equipment, apparatus, and supplies, and provide for the care, preservation, and insurance of the physical facilities and their contents. It shall employ the best business practices to render the facilities self-sustaining and to operate them at maximum efficiencies. The Board shall fix the fees and charges services provided under its jurisdiction and make contracts with the county and other governmental subdivisions for the care of indigent cases. In addition to the powers and duties herein enumerated, the Board shall exercise other necessary and proper powers which may expedite the management and control of its area(s) of authority, including but not limited to the combining of work forces, purchasing, and expansion or contraction of presently established services.

(1969 Code, '12.050)

'31.040 NURSING HOME FUND ESTABLISHED.

There shall be a municipal Nursing Home Fund, which shall be a permanent fund of the city into which shall be paid all of the earnings of the Colonial Manor, together with all taxes levied, and contributions and other funds procured, for the maintenance and improvement of the Colonial Manor Nursing Home. This fund may be called the AColonial Manor Fund.@

(1969 Code, '12.060)

'31.041 SEPARATE FUNDS.

The Board shall also establish and maintain separate funds for all other Council-delegated activities that it has placed under its jurisdiction. These funds shall be named and established in a fashion similar to the guidelines for the Nursing Home Fund in '31.040.

(1969 Code, '12.070)

'31.042 ADMINISTRATION OF FUNDS.

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No disbursements shall be made from either of the funds established in ''31.040 and 31.041, except by checks signed by the Mayor and countersigned by the Clerk or by the use of the authorized facsimile of those signatures, duly executed, pursuant to an order of the Board, approved by a majority of its members and signed by its president and secretary. An exception to this rule may be made by City Council resolution. If the disbursement is being made in payment of bonds or interest on bonds issued for municipal purposes, however, or in payment of building construction, then it shall be signed by the Mayor and countersigned by the Clerk pursuant to an order approved by a majority of the Members of the Council. No disbursements shall be made from this fund except in payment of costs, expenses, and indebtedness incurred in the maintenance, operation, equipment, repair, and construction of the facilities, provided that the Council may, in its discretion, transfer any accumulated surplus in the fund to any other city fund or funds. The Board shall keep accurate accountings of all moneys received and disbursed by it, and of all outstanding credits and liabilities of the Colonial Manor, and any other Council-delegated activity. Property declared as excess property shall be authorized by action of the Board; the funds received from the sale of the property shall be deposited as determined by the Board. On or before February 1 of each year, the Board shall file a report containing a complete record of the earnings, expenditures, assets, liabilities, property, and a general summary of the business transactions of the previous calendar year concerning any Board-operated facilities with the office of the City Clerk.

(1969 Code, '12.080)

'31.043 LIMITATION OF POWERS; CONTRACTS; BIDS.

The Board shall make no contract for the purchase of equipment, supplies, or materials involving a cost of more than $25,000, except upon advertisement published in a legal newspaper in the county, appearing once in the paper at least 10 days before the letting of the bids for the contract, or satisfying requirements as set out in the appropriate Minnesota Statutes for contracts of a lesser sum. If a contract be let pursuant to the advertisement, it shall be let to the lowest responsive and responsible bidder. In any event, the Board shall retain the right to reject any and all bids. The Board and its administration shall be subject to limitations on their power as may be set by City Council resolution or other city ordinances.

(1969 Code, '12.090)

MUNICIPAL LIBRARY BOARD

'31.055 ESTABLISHMENT.

There shall be a Municipal Library Board whose duty it shall be to establish and maintain a public library service for the use of the inhabitants of the city and surrounding community.

(1969 Code, '18.010)

'31.056 MEMBERSHIP; APPOINTMENT; TERMS.

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Boards and Commissions

The Municipal Library Board shall be composed of 7 residents of the city. Not more than 1 City Council Member shall at any time be a member of the Library Board. Appointment of the Library Board shall be made at the first meeting after the end of the fiscal year. If the Board has a working agreement with a county library system or regional library system, 3 members of the Library Board may be non-residents of the city. The term of office for each member shall be for 3 years. Initially, 3 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years, and 2 members shall be appointed for a term of 3 years. Thereafter, 3year terms shall be appointed annually by the Mayor with the approval of the City Council. A Library Board member shall not be able to serve more than 3 consecutive 3year terms. In the event of a vacancy during a term, the Mayor, with the approval of the City Council, shall fill the vacancy by appointment for the balance of the unexpired term.

(1969 Code, '18.020)

'31.057 ORGANIZATION.

Immediately after appointment, the Library Board shall organize by electing 1 of its number as president and 1 as secretary, and from time to time may appoint other officers as it deems necessary.

(1969 Code, '18.030)

'31.058 POWERS AND DUTIES.

The Library Board shall adopt bylaws and regulations for the governing of the library and for the conduct of its business as may be expedient and conformable to law. It shall have exclusive control of the expenditure of all moneys collected for or placed to the credit of the Library Fund, of interest earned on all moneys collected for or placed to the credit of the Library Fund, of the construction of library buildings, and of the grounds, rooms, and buildings provided for library purposes. All moneys received for the library shall be paid in to the City Clerk, credited to the Library Fund, kept separate from other moneys of the city, and paid out only upon approval by the Board. The Library Board may lease rooms for library use. The Library Board shall appoint a qualified library director and other staff as necessary, establish the compensation of employees, and remove any of them for cause. With the approval of the City Council, the Library Board may purchase grounds and erect a library building thereon. The Library Board may contract with the county or other regional library system for a qualified library director and other staff.

(1969 Code, '18.030)

'31.059 LIBRARY FUND ESTABLISHED.

There shall be a municipal Library Fund, which shall be a permanent fund of the city into which shall be paid all moneys related to the library, together with any gift, grant, devise, or bequest made or offered by any person for public library purposes.

(1969 Code, '18.040)

'31.060 ANNUAL REPORT TO COUNCIL.

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Boards and Commissions

As soon as practicable following the end of the fiscal year, the Library Board shall report to the City Council all amounts received during the preceding year and the sources thereof, the amounts expended and for what purposes, the number of library materials on hand, the number purchased and loaned, and other information as it deems advisable. No later than April 1 of each year, the Library Board shall file this information with the State Department of Education on forms supplied by that department.

(1969 Code, '18.050)

'31.061 CONFORMANCE TO STATUTE.

The Board shall operate in conformance to M.S. Ch. 134, as it may be amended from time to time, and may cooperate with any county or regional library system that the Board deems to provide the best library services available to the city and surrounding communities.

(1969 Code, '18.060)

'31.062 INTENT.

It is the intent of this subchapter to provide a municipal structure for library services and is further intended to provide a structure consistent with the present City Library Association. The Municipal Library Board will accept the transfer of any property owned by the City Library Association. Any property given, granted, conveyed, or donated shall vest in the city and be held in the name of the city, subject to reasonable regulations the Library Board may adopt. Any property accepted by the Board from the City Library Association, which in turn had been gifted to the Association, shall be used in compliance with all terms and conditions of the original gift, grant, devise, or request upon the bequest.

(1969 Code, Ch.18, '3)

PUBLIC UTILITIES COMMISSION

'31.075 ESTABLISHMENT.

There is established a Public Utilities Commission pursuant to the provisions of M.S. ''412.331 - 412.391 inclusive, as they may be amended from time to time, and as modified by any provision herein set forth.

(1969 Code, '14.010)

'31.076 MEMBERSHIP.

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Boards and Commissions

The Commission shall consist of 5 members approved by the Council. No more than 1 member may be chosen from the Council Membership. Each member shall serve for a term of 3 years and until a successor is appointed and qualified. Membership on the Commission shall be limited to resident voters. A vacancy on the Commission shall be filled by appointment by the Mayor and approved by the City Council for the unexpired term. Each person appointed to the Commission shall, before entering upon the duties of office, take and subscribe to an oath that he or she will faithfully and impartially perform the duties of the office to which he or she is appointed and shall hold that office until a successor is elected and qualified.

(1969 Code, '14.020)

'31.077 JURISDICTION, POWERS, AND AUTHORITY.

(A)The following public utilities shall be within the Commission=s jurisdiction:

(1)The city water system;

(2)Light and power system; and

(3) Cable television system.

(B)The jurisdiction, powers, and authority of the Public Utilities Commission shall be those provided by M.S. ''412.351 - 412.361 inclusive, as they may be amended from time to time, and as modified by any provision herein set forth.

(1969 Code, '14.030)

SWIMMING POOL BOARD

'31.105 ESTABLISHMENT.

There shall be a Swimming Pool Board whose duty it shall be to control and manage the municipal swimming pool properly known as the ALakefield Swimming Pool.@

(1969 Code, '17.010)

'31.106 MEMBERS; APPOINTMENT.

The Swimming Pool Board is to be composed of 5 members as outlined by a resolution of the Council. Members on the Swimming Pool Board need not be residents of the city, but all members are appointed by the City Council of this city.

(1969 Code, '17.020)

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Boards and Commissions

'31.107 TERM OF OFFICE.

The first term of Board members shall be as set out in a resolution of the Council. Subsequent terms shall be for 5 years with all terms running until a successor is appointed and qualifies. New members are to be appointed by the Council at its regular January meeting each year.

(1969 Code, '17.030)

'31.108 POWERS AND DUTIES.

(A)This Board shall manage, maintain, and operate the Lakefield Swimming Pool. The Board shall hire lifeguards and all other necessary employees and fix and pay their compensation. The Board shall purchase all necessary equipment and supplies, and provide for the preservation and repair of the pool and associated equipment. The Board shall fix the fees and charges for admission to the pool facilities. In addition to the powers and duties herein enumerated, the Board shall expedite the management and control of the pool and provide for the safety of its users.

(B)The Swimming Pool Board shall keep accurate accounts of its receipts and expenses; shall keep the swimming pool operation insured; and shall do other acts as the Council from time to time may direct.

(C)The Board shall file an annual report and account on or before February 1 of each year.

(1969 Code, '17.030)

'31.109 PROMULGATION OF RULES AND REGULATIONS.

The Swimming Pool Board may promulgate a set of rules and regulations, including but not limited to fees for usage, applicable swimmer wear, hours of operation, and other items to effect the safe, economical, and healthful use of the pool. Upon presentment of the rules and regulations to the City Council and approval of them by a resolution, and posting of same at the swimming pool, violation of the rules and regulations shall be deemed a petty misdemeanor.

(1969 Code, '17.080) (Ord. 130, passed 7131976) Penalty, see '10.99