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Ordinance 395CITY OF CHANHASSEN • CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO.395 AN ORDINANCE AMENDING CHAPTERS 1, 10, 13,18,19 OF THE CHANHASSEN CITY CODE CORRECTING STATE CITATION REFERENCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN, NIINNESOTA ORDAINS: SECTION 1. Chapter 1, Section 1-2 of the Chanhassen City Code is amended to define "alternate system" as follows: Alternate system shall mean an individual sewage treatment system employing methods and devices presented in Minnesota Rule Chapter 7080.0172. SECTION 2. Chapter 1, Section 1-2 of the Chanhassen City Code is amended to delete reference to M.S. § 168.011 in the definition of "vehicle" to read as follows: Vehicle means any machine as defined under M.S. § 169.01 and includes any • bicycle, gocart, minibike, motorcycle, snowmobile, trailer, recreational vehicle, all terrain vehicles or self-propelled instruments which carry or may carry an occupant or occupants upon land or water. "Vehicle" includes every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved exclusively upon stationary rails or tracts. (13) (14) SECTION 3. Chapter 10, Section 10-228 (10) of the Chanhassen City Code is amended to delete reference to M.S. § 609.20 to read as follows: (10) Minnesota Statutes §§ 609.342, 609.343, 609.344, 609.345, and 609.3451 which prohibit criminal sexual conduct. SECTION 4. Chapter 13, Section 13-21 of the Chanhassen City Code is amended to delete reference to M.S. § 168.011 in the definition of "vehicle" to read as follows: Vehicle means any machine as defined under M.S. § 169.01, and includes snowmobiles and trailers. SECTION 5. Chapter 13, Section 13-29 of the Chanhassen City Code is amended to read as follows: It is the intention of the city council to conduct a program of plant pest control • pursuant to the authority granted by M.S. § 18G.16. This program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark • beetles and Oak Wilt fungus and is undertaken at the recommendation of the commissioner of agriculture. The City forester shall act as coordinator between the commissioner of agriculture and the city in the conduct of this program. 0 0 SECTION 6. Chapter 18, Section 18-61(d)(2)(a) last paragraph, of the Chanhassen City Code is amended to read as follows: The following criteria shall be followed in establishing minimum canopy coverage: 1. When planting trees, one tree shall be deemed to provide 1,089 square feet of required canopy coverage; 2. Trees must be from the approved list of desirable species (preference given for trees designated as native); 3. No more than one-third of the trees may be from any one tree species; 4. Trees shall average at least two -and -one -half -inch caliper and may be a minimum of one -and -one -half -inch caliper; 5. Not less than 20 percent of the trees shall be conifers; 6. Conifer trees shall average seven feet and shall be a minimum of six feet in height; 7. Plant materials used for the reforestation shall be of a similar species as vegetation found on site; 8. Trees shall be used that are appropriate to the soil conditions found on site; and 9. Trees shall be from certified nursery stock as defined and controlled by M.S. § 18H.02. SECTION 7. Chapter 19, Section 19-67(a)(9)(a) of the Chanhassen City Code is amended to read as follows: When a standard system, as defined in Minnesota Rules Chapter 7080.0065 to 7080.0170 and 7080.0600, cannot be installed. SECTION 8. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 9th day of May, 2005, by the City Council of the City of Chanhassen, Minnesota. ATTE : To Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on May 19, 2005) 2 CITY OF CHANHASSEN , CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 395 AN ORDINANCE AMENDING CHAPTERS 1, 10, 13, 18, 19 m C& r.-i ur F n OF THE CHANHASSEN CITY CORRECTING SOTATE CITATION J U N6 2005 REFERENCES THE CITY COUNCIL OF THE CITY OF CHANHASSEN CITY OF CHANHASSEN, MINNESOTA ORDAINS: SECTION 1. Chapter 1, Section 1-2 of the Chanhassen City Code is Affidavit of Publication amended to define "alternate system" as follows: Alternate system shall mean an Southwest Suburban Publishing individual sewage treatment system employing methods and devices presented in Minnesota Rule Chapter 7080.0172. State of Minnesota) SECTION 2. Chapter 1, Section 1- 2 of the Chanhassen City Code is )SS. amended to delete reference to M.S. § 168.011 in the definition of "vehicle" to County of Carver ) read as follows: Vehicle means any machine as definedunderM.S. § 169.01 and includes any bicycle, gocart, minibike, motorcycle, snowmobile, trailer, Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized recreational vehicle, all terrain agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil- vehicles or self-propelled instruments lager and has full knowledge of the facts herein stated as follows: which carry or may carry an occupant or occupants upon land or water. (A) These newspapers have complied with the requirements constituting qualification as a legal "Vehicle" includes every device in, newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as upon, or by which any person or property is or may be transported or amended. drawn upon a highway except devices YY moved exclusively upon stationary (B) The printed public notice that is attached to this Affidavit and identified as No. 3 V rails or tracts. (13) (14) was published on the date or dates and in the newspaper stated in the attached Notice and said SECTION 3. Chapter 10, Section Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of 10-228 (10) ofthe Chanhassen City Code the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both is amended to delete reference to M.S. inclusive, and is hereby acknowledged as being the kind and size of type used in the composition § 609.20 to read as follows: J (10) Minnesota Statutes §§ 609.342, and publication of the Notice: 609.343, 609:344, 609.345, and 609.3451 which prohibit criminal sexual abcdefghijklmnopqr tuvwxyz conduct. SECTION 4. Chapter 13, Section 13-21 of the Chanhassen City Code is amended to delete reference to M.S. § 168.011 in the definition of "vehicle" to Laurie A. Hartmann read as follows: Vehicle means any machine as defined under M.S. § 169.01, and includes snowmobiles and trailers. Subscribed and sworn before me on SECTION 5. Chapter 13, Section 13-29 of the Chanhassen City Code is amended to read as follows: l/—� 'd'�'�'.�''•�`'=�r'"`�'' It is the intention ofthe citycouncil this dayof 2005a. to conduct a program of plant pest �,�..s•f control pursuant to the authority `'° '^ r"�" '' T grrantedbyM.S. § 18G.16. Thisprogram .` V. u". ,,;�.ic��x;�l,Gs Lan. 31, 2010 is dhveW s�W fic�y at the control 'y Y and elimir of Dutch Elm disease ftuigus and elm bark beetles and Oak Wilt ftiingus and is undertaken at the Notary Public reeommendadm othee ca_ssioner of agricuku Tbte City fbnWar shall act as coordinator between the commissioner of agriculture and the city in the conduct of this program. 18-61(d) SECTION() last pa ragrapter h, oftthe RATE INFORMATION Chanhassen City Code is amended to read as follows: Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch The following criteria shall be Maximum rate allowed by law for the above matter ................................ $22.00 per column inch followed in establishing minimum $11.18 per column inch canopy coverage: � O r 19� c t -81't 2.w � c . 1. When planting trees, one tree �, • v 3 .� shall be deemed to provide 1,089 square ° w° • 4 - o V4., U c� feet of required canopyc �' o 4 coverage, '$ o •o $ v��o a� 2. Trees must be from the approved 4., zt o zs �, CZ Cd list of desirable species (preference o ° a A `- a o •� given for trees designated as native)• �' ° C o '� Al �' o +" v 3. No more than one-third of the �, � 9 V �, Cd rn trees may be from any one tree species; �'' �, U °' ° c � 4. Trees shall averageat 1 � east two. ,$ �, r- w a 'o °° • �'• o .� and -one -half -inch caliper and maybe a a, ° �' as z °'� A •� V E minimum of one -and -one -half -inch ° a' b 4 � o o C) v� � caliper; o �..� w •� t x X . 9� o p5e Not less U � a °�,° x °' o •$ U E.,; ap 0 than ZO percent of the '� k •� o �„� �• �,�� ,� w c M trees shall be conifers; �, ,.� o 20 44 � a) ,a .. � � o � 0.�F' 0 ad o