CHAPTER 30: GENERAL PROVISIONS; CITY ORGANIZATIONS
Section
30.01 Appointment of commissions, officers and employees
30.02 Commissions
30.03 Police authorized; history and background checks
30.04 Volunteer Fire Department; Rescue Squad
30.05 Public Utilities Commission
30.06 Parks and Recreation Commission
§ 30.01 APPOINTMENT OF COMMISSIONS, OFFICERS AND EMPLOYEES.
(A) Appointment of committees. The City Council shall, at the first regular meeting in the month of January in each year, appoint the following boards and commissions and their appointment shall extend until the time of the next meeting or until their term shall expire in accordance with the ordinance creating the board or commission, or until their successors are appointed and qualified:
(1) Police Commission;
(2) Water and Wastewater Commission;
(3) Park Committee;
(4) Street, Alley and Sidewalk Commission;
(5) Board of Adjustments and Appeals;
(6) Golf Course Board;
(7) Park Board;
(8) Light Plant Commission;
(9) Liquor Commission;
(10) Personnel Commission;
(11) Pool Board;
(12) Solid Waste Commission;
(13) Planning Commission;
(14) Any other commissions or boards that the Council deems appropriate.
(B) Appointment of officers and employees. The City Council shall, at the first regular meeting in the month of January of each year, unless otherwise appropriate, appoint the following officers and employees and their appointment shall extend until the time their successors are appointed and qualified; provided however that the City Council may remove any of the officers and employees at pleasure:
(1) Chief of Police;
(2) Chief of Fire Department;
(3) City Administrator;
(4) Assistant City Administrator;
(5) Emergency Management Director;
(6) City Attorney;
(7) Director of the Water and Wastewater Departments;
(8) Manager of liquor dispensary;
(9) Members of the Police Department;
(10) Members of the Fire Department;
(11) Members of the Rescue Squad;
(12) Animal Control Officer;
(13) Other permanent or part-time employees as are required to carry on the work of the city;
(14) The Council shall appoint the official City Depository pursuant to these standards;
(15) The Council shall also appoint the official City Publication pursuant to these standards;
(16) The Council may appoint "interim" personnel when any of the above-mentioned positions becomes vacant.
§ 30.02 COMMISSIONS.
(A) Planning Commission.
(1) Establishment of Commission. A City Planning Commission for the City of Madelia is hereby established.
(2) Composition.
(a) The Planning Commission shall consist of five members.
(b) Of the members of the Commission first appointed, one shall be appointed for the term of one year, one for the term of two years, and one for the term of three years and two for four years. Their successors would be appointed for terms of four years. Both original and successive appointees shall hold their offices until their successors are appointed and qualified.
(c) The terms of ex-officio members shall correspond to their respective official tenures. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. Every appointed member shall before entering upon the discharge of his or her duties take an oath that he or she will faithfully discharge the duties of his or her office. Members shall be appointed by the Mayor with the approval of Council. All members shall serve without compensation.
(3) Organization, meetings and the like.
(a) The Commission shall elect a Chairperson from among its appointed members for a term of one year; and the Commission may create and fill other offices as it may determine. The City Administrator shall act as Secretary of the Planning Commission, but he or she shall not be a member unless he or she is appointed by the Council as a member.
(b) The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be public. On or before January 1 of each year the Commission shall submit to the City Council a record of its work during the preceding year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the City Council.
(4) Adoption of program of work. Upon the appointment and organization of the Commission, it shall proceed with the preparation and adoption of resolution of a program of work, outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. Such a program will include:
(a) An outline of data and information to be assembled as a basis for the comprehensive plan;
(b) An outline of subjects to be covered by the comprehensive plan;
(c) An outline of types of procedure necessary to make the comprehensive plan effective; and
(d) The Planning Commission may, by resolution, revise its program of work from time to time.
(5) Preparation of comprehensive plan. It shall be the function and duty of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangement and improvements, public utility services, parks, playgrounds and other similar developments, the use of property, the density of population, and other matters relating to the physical development of the city. The plan may be prepared in sections, each of which shall relate to a major subject of the plan, as outlined in the Commission's program of work.
(6) Procedure for adoption of plan.
(a) Before adopting the city plan or any section of it or any substantial amendment thereof, the Commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by publication in a newspaper of general circulation at least ten days before the day of the hearing. The adoption of the plan or of any section or amendment hereof shall be by resolution of the Commission, approved by the affirmative votes of not less than two-thirds of its total membership.
(b) The Commission may from time to time amend or add to the city plan or section thereof as herein provided for the adoption of the original plan whenever changed conditions or further studies by the Commission indicate that the amendment or addition is necessary.
(c) An attested copy of the plan or of any section, amendment or addition to the city plan adopted by the Planning Commission shall be certified to the City Council.
(7) Means of executing plan.
(a) Upon the adoption of the comprehensive plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council reasonable and practicable means for putting into effect the plan or section hereof in order that the same will serve as a pattern and guide for the orderly physical development of the city and as a basis for the efficient expenditure of the funds thereof relating to the subjects of the city plan.
(b) The means shall consist of a zoning plan, the control of subdivision plats, a plat of future streets, coordination of the normal public improvements of the city, a long term program of capital expenditures and other matters as will accomplish the purposes of this section.
(8) Zoning plan. The Planning Commission upon its own motion may and upon instructions of the City Council shall prepare a proposed zoning plan for the city. Before recommending the plan to the City Council, the Planning Commission shall hold at least one public hearing hereon after a notice similar to that required by division (7) above. The same procedure shall apply for the preparation of any plan of proposed rights-of-way for future streets or highways, or the future widening of existing streets or highways, or for the reservation of lands for other public purposes.
(9) Official map of street extensions.
(a) The Planning Commission, with the assistance of the City Engineer, may and upon instructions by the City Council shall, prepare an official map of the platted and unplatted portions of the city and adjoining land, or portions thereof, indicating upon the map the proposed future extension or widening of streets of the city within the existing platted and developed territory or across the unplatted territory.
(b) After the map has been prepared and a hearing on it has been held as provided in division (8) above, it shall be submitted to the Council, which shall thereupon consider the map and may adopt it or any part of it with the amendments as it deems advisable.
(c) Before the adoption by the Council, a public hearing shall be held upon the proposal at least ten days after a notice thereof has been published in a newspaper published in the city. After the map has been adopted by the Council and filed with the Register of Deeds, whenever any existing street or highway is widened or improved, or any new street is opened, or lands for other public purpose are acquired by action of the city it shall not be requiring the proceedings to pay for any building or structure placed without a permit or in violation of conditions of a permit after the filing of such a map within the limits of the mapped street, or outside of any building line that may have been established upon the existing street, or within any area thus reserved for public purposes.
(10) Plats.
(a) Every proposed plat of land within the city or within two miles of the limits of the city and not within a town which itself requires the approval of plats, shall be submitted to the City Council before being filed and no plat of land shall be filed unless and until the same shall first have been approved by the City Council.
(b) Any person who violates this provision or who sells land or offers land for sale or contracts for the sale of land by reference to or by other use of any plat before the plat has been approved by the Planning Commission and the City Council in accordance with the provisions of this section shall be guilty of a misdemeanor. See the penalty in § 10.99.
(c) The Planning Commission, within 40 days after the plat has been referred to it by the City Council, shall act on the same and shall make its recommendations with respect thereto. The recommendations may consist of:
1. Recommendation that the City Council approve the plat;
2. Recommendation that the City Council disapprove the plat, in which case the recommendation shall include a statement of the specific reasons for the recommendation; or
3. Recommendation that the City Council approve the plat after specified changes or revisions are made therein, which recommendations may include the condition that a revised plat, containing the changes or revisions, be submitted to the Planning Commission, in which case the revised plat shall be so submitted to the Planning Commission for its further consideration and recommendations before action thereon by the City Council.
(11) Procedure for changes.
(a) No change shall be made in the zoning plan, future street and public lands plan, or regulations governing the platting of land after the plans or regulations have been adopted by the City Council, until the proposed change has been referred to the Planning Commission for report thereon and an attested copy of the report has been filed with the Council; and no ordinance or resolution establishing any of the plans or specifications shall be adopted by the City Council until the ordinance or resolution has been referred to the Planning Commission for a report thereon and an attested copy of the report has been filed with the Council.
(b) Failure of the Planning Commission so to report within 40 days or a longer period as may be designated by the Council after the reference shall be deemed to be approved of the proposed change.
(12) List of recommended public works.
(a) Each office, department, board or commission of or in the city whose functions include recommending, preparing plans for, or constructing public works shall, at least three months before the end of each fiscal year, submit to the Planning Commission a list of the proposed public works recommended by the officer, department, board or commission for planning, initiation or constructing during the ensuing fiscal year.
(b) The Planning Commission shall request from the local school district a similar list of its proposed public works.
(c) The Planning Commission shall list and classify all the proposed public works for the ensuing fiscal year. The program shall be recommended by the Commission to the Council and to the other officers, departments, boards or public bodies as have jurisdiction over the recommending, planning or constructing of the public works. A copy of the recommended program of public works shall be included in the annual report of the Planning Commission provided for in division (3) above.
(13) Special permits. The Commission may make recommendations on all requests for conditional use permits. The Commission shall report its recommendations to the Council for action.
(14) Subdivisions. The Commission may make recommendations in relation to the subdividing of land use as prescribed by ordinance. The Commission shall report its recommendations to the Council for action.
(15) Variances. All applicants for variances shall be referred to the Planning Commission for its recommendations which shall be forwarded to the Council. Failure of th Commission to make a recommendation on an application shall not prohibit the Council from granting the variance.
(16) Fee. It is hereby established that a fee as established by resolution will be charged to all property owners that require a hearing before the Planning Commission.
(B) Golf Commission. A Golf Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Golf Commission shall be comprised of five members, two of which shall be current members of the City Council, with all members being appointed by the City Council for terms of two years, the terms to be of variant tenure so arranged that the term of two members shall expire on January 1 of each year.
(2) The purpose of the Golf Commission is to serve in an advisory capacity for the Madelia Golf Course, and make necessary suggestions and provide such support as is needed for the successful maintenance and operation of the Golf Course.
(3) The Golf Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(C) Park Commission. A Park Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Park Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of one year.
(2) The purpose of the Park Commission is to serve in an advisory capacity for all Madelia Parks, and make necessary suggestions and provide such support as is needed for the successful maintenance and operation of all Madelia Parks.
(3) The Park Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(D) Liquor Commission. A Liquor Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Liquor Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of one year.
(2) The purpose of the Liquor Commission is to serve in an advisory capacity for the Madelia Liquor Store, and make necessary suggestions and provide such support as is needed for the successful maintenance and operation of the Madelia Liquor Store.
(3) The Liquor Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(E) Personnel Commission. A Personnel Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Personnel Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of year.
(2) The purpose of the Personnel Commission is to serve in an advisory capacity for employees of the City of Madelia, and make necessary suggestions and provide such support as is required for the benefit of the City and its' employees.
(3) The Personnel Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(F) Pool Commission. Pool Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Pool Commission shall be comprised of three members, one of which shall be a current member of the City Council, with all members being appointed by the City Council for terms of two years, the terms to be of variant tenure so arranged that the term of at least one member shall expire on January 1 of each year.
(2) The purpose of the Pool Commission is to serve in an advisory capacity for the Madelia Pool, and make necessary suggestions and provide such support as is needed for the successful maintenance and operation of the City Pool.
(3) The Pool Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(G) Street Commission. A Street Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Street Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of year.
(2) The purpose of the Street Commission is to serve in an advisory capacity for the Street Department, and make necessary suggestions and provide such support as is needed for the successful maintenance and operation of all Madelia streets.
(3) The Street Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(H) Water/Wastewater Commission. A Water/Wastewater Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Water/Wastewater Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of one year.
(2) The purpose of the Water/Wastewater Commission is to serve in an advisory capacity for the Water and Wastewater Departments of the city, and make necessary suggestions and provide such support as is needed for the successful maintenance and operation of the city's water and wastewater systems.
(3) The Water/Wastewater Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(I) Police Commission. A Police Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Police Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of one year.
(2) The purpose of the Police Commission is to serve in an advisory capacity for the Police Department, and make necessary suggestions and provide such support as is needed for the public safety efforts in the City of Madelia.
(3) The Police Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(J) Solid Waste Commission. A Solid Waste Commission for the City of Madelia, Minnesota, is hereby established.
(1) The Solid Waste Commission shall be comprised of two current members of the City Council, appointed by the City Council for a term of year.
(2) The purpose of the Solid Waste Commission is to serve in an advisory capacity for the Street, Water and Wastewater Departments, and make necessary suggestions and provide such support as is needed for solid waste disposal in the City of Madelia.
(3) The Solid Waste Commission may make and alter the rules and regulations for its government and conduct of its business as it deems necessary. The Chair of each Commission shall keep an accurate record of all its proceedings.
(Ord. 1.50, passed 2-25-1963; Ord. 1.51, passed - -; Ord. 1.5101, passed 11-14-1994; Ord 1.512, passed 6-25-2007)
§ 30.03 POLICE AUTHORIZED; HISTORY AND BACKGROUND CHECKS.
(A) Purpose.
(1) The purpose of this section is to authorize the City of Madelia Police Department to conduct computerized criminal history and driver's license history background checks on applicants for employment positions in the city, volunteers in city programs providing services to children or vulnerable adults, and applicants for city permits, licenses or other approvals.
(2) Nothing in this section shall be construed to preclude the city from conducting comprehensive background investigations, including but not limited to accessing public data through other automated and non-automated sources and contacting references of applicants for city employment positions or for city permits, licenses or other approvals.
(3) Nothing in this section shall be construed to preclude the city from periodically conducting a driver's license inquiry upon employees or volunteers where possession of a valid driver's license is an essential qualification of the position.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMPUTERIZED CRIMINAL HISTORY. Criminal histories obtained through the Minnesota Bureau of Criminal Apprehension's computerized criminal history system.
DRIVER'S LICENSE HISTORY. A listing of driver's license violations recorded by the Minnesota Department of Public Safety.
(C) Authorization.
(1) The Madelia Police Department is authorized to conduct computerized criminal histories and driver's license histories on applicants for city employment, on volunteers working with children or vulnerable adults, and on applicants for city permits, licenses or other approvals.
(2) Before the investigation is undertaken, the applicant must authorize the Madelia Police Department in writing to undertake the investigation and to release the information to the City Council and other city staff as appropriate.
(3) Should the city reject the application due, partially or solely, to the applicant's prior conviction of a crime, the city shall notify the applicant in writing of the following:
(a) The grounds and reason for denial;
(b) The applicable complaint and grievance procedure set forth in Minn. Stat. § 364.06, as it may be amended from time to time;
(c) The earliest date the applicant may reapply for employment; and
(d) That all competent evidence of rehabilitation will be considered upon re-application.
(Ord. 1.90, passed 7-10-2006)
§ 30.04 VOLUNTEER FIRE DEPARTMENT; RESCUE SQUAD.
(A) Fire Department established and Community Rescue Squad organized. There is hereby established in the City of Madelia, Minnesota:
(1) Volunteer Fire Department; and
(2) Community rescue squad organized as a branch of the Madelia Fire Department.
(B) Rules and regulations governing the Volunteer Fire Department.
(1) Members. The City Fire Department shall consist of a Fire Chief, an assistant Fire Chief and not less than five people, to which may be added as many people as may from time to time be necessary for the proper functioning of the department.
(2) Appointment. The Chief of the Fire Department shall be appointed by the Council at the first regular meeting of the Council in the month of January of each year. This appointment shall extend until the time of the next such meeting or until his or her successor is appointed and qualified. During any year the Chief may be removed only for cause and after a public hearing.
(3) Chief. Duties of the Chief of the Fire Department:
(a) The Chief shall have control over all the firefighting apparatus and shall have sole responsibility for its care and condition;
(b) The Chief shall appoint an assistant Fire Chief and all firefighters. All appointments of firefighters shall not become effective until the appointment is approved by the City Council and a record of the approval entered upon the minutes of the City Council;
(c) The Chief shall be responsible for the proper training and discipline of members of the Fire Department and may suspend any member for refusal or neglect to obey orders, when physically unfit for firefighting service, or when suspension is necessary for the welfare of the Fire Department. He or she is to report any suspension of any member to the City Council at the first meeting of the Council following the suspension and the City Council after notice of hearing is given to any suspended member and a hearing held on the suspension shall take final action on the member's discharge or retention; and
(d) The Chief shall make a report to the City Council at its first regular meeting in the month of January of each year as to the condition of the equipment and needs of the Fire Department.
(4) Records. The Chief shall keep in convenient form a complete records of all fires. The records shall include the time of the alarm, location of fire, cause of fire if known, type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the Department responding to the alarm and other information as he or she may deem advisable or as may be required from time to time by the City Council or the State Insurance Department. The Chief may appoint from among the firefighters a secretary to keep the records and other records of the Volunteer Fire Department.
(5) Practice drills. It shall be the duty of the Chief to hold monthly practice drills of at least one-hour's duration for the Fire Department when the weather permits, and to give the firefighters instruction in an approved method of fire fighting and fire prevention.
(6) Duties of the Assistant Chief. The Assistant Chief shall be appointed by the Chief and shall in the absence or disability of the Chief perform all the functions and exercise all of the authority of the Chief.
(7) Requirements for firefighters. The Assistant Chief and firefighters shall be not less than 18 years nor more than 65 years of age and shall be able bodied.
(8) Absence from drills and alarms. Firefighters absent from three consecutive drills or calls or meetings without excuse first obtained from the Chief or Assistant Chief shall forfeit membership in the Department unless prevented from attending by sickness or disability.
(9) Compensation. The City Council shall at the first regular meeting in the month of January of each year, fix the compensation of the Chief, Assistant Chief and firefighters which shall remain in effect until the time of the next such meeting, and until a new compensation schedules are placed in effective. In computing compensation for firefighters, one hour shall be considered as the minimum to be paid any firefighters.
(10) False alarms. It shall be unlawful for any person to give or make or cause to be given or made an alarm of fire without probable cause, or to neglect or refuse to obey any reasonable order of the Chief at a fire, and any person convicted of violating this section shall be deemed guilty of a misdemeanor.
(11) Association. The members and officers of the Madelia Volunteer Fire Department shall organize themselves into a firefighters's Relief Association. Only those members of the Rescue Squad who are also members of the Volunteer Fire Department shall be eligible for membership in the Fire Department Relief Association.
(C) Rules and regulations governing the Madelia Community Rescue Squad.
(1) The community rescue squad shall consist of a captain, an assistant captain and not less than what is deemed necessary for the proper functioning of the Department.
(2) The captain of the rescue squad shall be appointed by the Council at the first regular meeting of the Council in the month of January of each year and his or her appointment shall extend until the time of the next such meeting or until his or her successor is appointed and qualified. During any year the captain may be removed only for cause and after a public hearing.
(3) Duties of the captain of the community rescue squad:
(a) The captain shall have control over all rescue apparatus and shall have sole responsibility for its care and condition;
(b) The captain shall appoint an assistant captain and all members of the rescue squad. All appointments to the rescue squad shall not become effective until the appointment is approved by the City Council and the record of the approval entered upon the minutest of the City Council;
(c) The captain of the rescue squad shall be responsible for the proper training and discipline of the members of the rescue squad and may suspend any member for refusal or neglect to obey orders, when physically unfit for rescue squad service or when suspension is necessary for the well being of the squad. He or she shall report any suspension of any member to the City Council at the first meeting of the Council following the suspension and the City Council after notice of hearing is given to any suspended member and a hearing held on the suspension shall take final action of the member's discharge or retention; and
(d) The captain shall make a report to the City Council at its first regular meeting in the month of January of each year as to the condition of the equipment and needs of the rescue squad.
(4) It shall be the duty of the captain to hold the practice drills and first aid courses as are necessary to adequately train the members of the squad.
(5) The assistant captain shall in the absence or disability of the captain perform all the functions and exercise all the authority of the captain.
(6) Requirements for Rescue Squad Members: the captain and squad members shall all be of sufficient and legal age to adequately perform all requisite duties. Such members of the rescue squad shall also hold all necessary licensing as required by law.
(7) Rescue squad members absent from three consecutive drills or meetings without excuse first obtained from the captain shall forfeit membership in the squad unless prevented from attending by sickness or disability. Failure to be available when on call shall be grounds for dismissal.
(8) Compensation: the City Council shall at the first regular meeting in the month of January of each year, fix the compensation of the captain, assistant captain and squad members which shall remain in effect until the time of the next such meeting, and until new compensation schedules are placed in effect.
(D) Members of both. It shall be permissible for a person to be a member of both the Volunteer Fire Department and the Community Rescue Squad.
(E) Hindering the Fire Department or Rescue Squad. No person shall in any manner hinder the operation and activities of the Fire Department or Rescue Squad while members are performing their duties. At the sound of a siren all vehicles on the street shall drive to the curb immediately, no vehicles shall at any time pass fire trucks on the way to a fire or ambulance on the way to an emergency, no vehicles shall park within one block of a fire or drive over a fire hose at any time. Any person convicted of violating this section shall be deemed guilty of a misdemeanor. The Chief, Assistant Chief or Captain of the Rescue Squad shall, while on duty, have full authority to place under arrest any person or persons violating any of the provisions of this section.
(Ord. 2.2003, passed 6-22-1970) Penalty, see § 10.99
§ 30.05 PUBLIC UTILITIES COMMISSION.
(A) Accepting provisions of Minnesota statutes. The City of Madelia does hereby expressly accept the provisions of Minn. Stat. §§ 412.331 to 412.391 and any acts amendatory thereto to establish a public utilities Commission with the powers and duties set out in those sections.
(B) Continuation of Commission. The Light and Power Commission created by resolution of the City Council of the City of Madelia on January 14, 1946, and now in existence in the city, shall hereafter operate as a Public Utilities Commission under Minn. Stat. §§ 412.331 to 412.391 and any acts amendatory thereto, and shall operate under the name Madelia Public Utilities Commission.
(C) Membership. The membership rules, officers and salary of the Commission shall be governed by the provisions of Minn. Stat. § 412.341 and any acts amendatory thereto.
(D) Limitation of jurisdiction. The power and authority of the Commission shall be limited to the control of the light and power system including any system now in use or later acquired for the production and distribution of steam heat, and including the power plant and distribution system, and the public utilities only shall be within the Commission's jurisdiction.
(E) Specific powers. The Commission shall have all powers granted by Minn. Stat. § 412.361 and any acts amendatory thereto.
(Ord. 2.30, passed 8-1-1955)
§ 30.06 PARKS AND RECREATION COMMISSION.
(A) Establishment of Park Commission. There is hereby created a Park and Recreation Commission for the City of Madelia, Minnesota, consisting of five members to be appointed as follows:
(1) Two members from the Madelia City Council to be appointed by the Mayor with Council approval for a term of one year; and
(2) Three members, one from each of the Golf Course Committee, Swimming Pool Committee, and Park and Recreation Committee as created herein, to be appointed by the Council for a term of three years.
(a) Commission members shall be appointed at the annual meeting in January of each year and shall serve until a successor is appointed and qualifies.
(b) Commission members shall serve without compensation unless the Council authorizes compensation as limited by statute, and shall not be personally interested in any contracts of the Commission.
(c) Members of the Commission shall, at their first meeting, appoint a Chairperson and a Secretary from their own membership, and the majority of the Commission shall constitute a quorum for the transaction of business.
(B) Duties. The Park and Recreation Commission shall have exclusive responsibility for the following duties:
(1) To develop and monitor a comprehensive plan for all park and recreational functions in the City of Madelia, including the preparation of a five-year capital improvement program for the municipal swimming pool, golf course and other park and recreation areas;
(2) To determine and submit an annual budget to the Madelia City Administrator outlining the anticipated revenues and expenditures of all park and recreation facilities and programs for the upcoming fiscal year no later than July 1 of each year;
(3) To study and establish policies and procedures governing the use and operations of all park and recreation facilities and programs;
(4) To disseminate information and promote coordination with the school district serving Madelia, as well as other entities interested in park and recreation functions, and provide a forum for citizen input regarding park and recreation facilities and programs;
(5) To employ and fix the compensation of trained staff personnel as may be necessary in the Commission's judgment to the efficient operation and maintenance of all park and recreation facilities and programs;
(6) To purchase and receive necessary materials, supplies, equipment and services in amounts established by the city's purchasing policy; and
(7) To select and appoint committee members to assist the Park and Recreation Commission in fulfilling its obligations as follows:
(a) Swimming Pool Committee: three committee members, one of which shall be a Commission member and shall serve as committee Chairperson, each to serve staggered three-year terms;
(b) Golf Course Committee: six committee members, one of which shall be a Commission member and shall serve as committee Chairperson, each to serve staggered three-year terms; and
(c) Park and Recreation Committee: three committee members, one of which shall be a Commission member and serve as Chairperson, each to serve staggered three-year terms.
(C) Actions requiring Council approval. The Parks and Recreation Commission may make recommendations to the Madelia City Council concerning the following matters, but the Council shall have final approval of the following:
(1) To employ and fix the compensation of qualified managerial personnel for the swimming pool, park system and golf course, respectively;
(2) To review and propose ticket rates, user costs, and membership fees for the swimming pool, park and recreation facilities, and golf course;
(3) To purchase and receive necessary material, supplies, equipment and services in amounts in excess of $1,000 required for the maintenance, repair and improvement of public property designated for recreational purposes;
(4) To advise the approval of contracts and agreements for the construction and operation of recreational facilities for the public's use and convenience;
(5) To propose real and personal property acquisitions necessary to complete a comprehensive park and recreational system; and
(6) To recommend the sale of bonds or other instruments of indebtedness to fund major expenditures for public park and recreational purposes.
(D) Park fund. There shall be established in the city's general fund separate subsidiary accounts for park and recreational activities. These accounts shall be administered under the guidance of the Madelia City Council. The Council may transfer to the park and recreational accounts the monies as it shall consider necessary to the efficient operation of the park and recreation system.
(Ord. 2.702, passed 3-26-1990)
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