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Ordinance 028aCITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA • ORDINANCE NO. 28A AN ORDINANCE ESTABLISHING A PLANNING COMMISSION TO PLAN FOR THE PHYSICAL DEVELOPMENT OF THE CITY AND TO RECOMMEND OFFICIAL CONTROLS. • THE CITY COUNCIL OF CHANHASSEN ORDAINS: SECTION 1. ESTABLISHMENT OF COMMISSION. A City Planning Commission for the City of Chanhassen is hereby established. The Commission shall be the City Planning agency and shall be advisory to the City Council, except as other powers and duties are imposed on it by Minnesota Statutes Section 462.351 to 462.364 and other provisions of Minnesota Statutes, or by other ordinances. As used in this Ordinance the term "Commission" shall mean the Planning Commission and "Council" shall mean the City Council of Chanhassen. SECTION 2. COMMISSION COMPOSITION, TERMS AND VACANCIES. 2.01. Composition. The Commission shall consist of sevenvo it ng members. Seven members shall be appointed by the Council and may be removed by a four -fifth vote of the Council. 2.02. Terms and Vacancies. Commission members shall be appointed by the Council for terms of three years. Commission members appointed pursuant to Ordinance No. 28 shall hold office until their terms of office have expired or until removed by the Council, whichever occurs first. Commission members shall hold their office until their successors are appointed and qualified. 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/her duties take an oath that he/she will faithfully discharge the duties of office. All members shall serve without compensation. SECTION 3. ORGANIZATION AND MEETINGS. 3.01. The Commission shall elect a chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices,and subcommittees as it may determine. The City Manager or his designee shall act as secretary of the Commission, but he shall not be a member. 3.02. The Commission shall hold regular meetings as specified in its rules for the transaction of business. It shall •adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. • SECTION 4. PROGRAM OF WORK. The Commission shall annually • prepare a program of work, outlining activities it proposes to undertake during the ensuing year. The Commission may, by resolution, revise its program of work from time to time. SECTION 5. DEFINITIONS. For the purposes of this ordinance the terms "Comprehensive Municipal Plan," "Land Use Plan," "Transportation Plan," "Community Facilities Plan," "Capital • Improvement Program," "Official Map," "Official Controls," and "Subdivision Regulation," shall have the meanings which are set forth in Section 462.352 of Minnesota Statutes. SECTION 6. PREPARATION OF COMPREHENSIVE MUNICIPAL PLAN. It shall be the function and duty of the Commission to prepare and recommend adoption of a comprehensive municipal plan, and from time to time amendments thereto, in accordance with the provisions of Minnesota Statutes. The comprehensive municipal plan may also include a land use plan, a capital improvement program, a community facilities plan, a transportation plan, and recommend- ations for plan execution. SECTION 7. PROCEDURE FOR PLAN EFFECTUATION. Upon the adoption of the comprehensive municipal plan or any section thereof, the Commission shall recommend to the Council reasonable and practical means for putting the same into effect. Such recommendation will serve as a guide to orderly physical, economic and social development of the City and as a basis for efficient expenditure of funds relating thereto. Commission recommendations may cover official controls, maps, normal City public improvements, capital expend- itures and other matters necessary to attain the objectives hereof. SECTION 8. ZONING ORDINANCE. 8.01. At any time, after adoption of a land use plan, the Commission, for the purpose of carrying out the policies and goals of the plan, may prepare a zoning ordinance or amend- ments thereto, and submit such to the Council with its recommendations for adoption. 8.02. Initiating Amendments to Zoning Ordinances. An amendment to a zoning ordinance may be initiated by the Council, the Commission, or by petition of affected property owners as defined in the zoning ordinance. No zoning ordinance or amendment thereto shall be adopted except upon complying with the procedures for such adoption as set forth in Section 462.351 to 462.364 of Minnesota Statutes. SECTION 9. OFFICIAL MAP. • 9.01. At any time after adoption of a major thorough- fare plan and a community facilities plan, the Commission may for the purpose of carrying out the policies of the major thorough- fare plan and community facilities plan, prepare and recommend to the Council a proposed official map covering the entire munici- pality or any portion thereof. -2- 9.02. No official map or amendment thereto shall be • adopted except upon complying with the procedures for such adoption as set forth in Section 462.351 to 462.364 of Minnesota Statutes. SECTION 10. SUBDIVISION REGULATION. 10.01. At any time after adoption of a comprehensive • municipal plan., the Commission may, for the purpose of carrying out the policies and goals of said plan, prepare subdivision regulations or amendments thereto, and submit such to the Council with its recommendation for adoption. 10.02. No subdivision regulation or amendment thereto shall be adopted except upon complying with the procedures for such adoption as set forth in Section 462.351 to 426.364 of Minnesota Statutes. SECTION 11. OTHER DUTIES. The Commission shall exercise such powers and perform such other duties as are imposed on it by Minnesota Statutes or by other ordinances, including without limitation the recommendation of programs for the coordination of normal public improvements, services of the municipality, the recommendation of programs of urban renewal, and recommendation of programs of capital improvements. SECTION 12 REPEAL. Ordinance No. 28 entitled "An Ordinance Establishing a Planning Commission to Plan for the Physical Development of The Village and To Recommend a Zoning Plan," enacted June 17, 1968, is hereby repealed. SECTION 13. EFFECTIVE DATE. This ordinance becomes effective from and after its passage and publication. Passed by the Council this 15th dayJof March 1982. / mayor Attest: City Clerk/Manager • Published in the Carver County Herald on March 24 , 1982. • MRZ City of Chanhassen (9121 Official Publication) CITY OF CHANHASSSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 28A AN ORDINANCE ESTABLISHING A PLANNING COMMISSION TO PLAN FOR THE PHYSICAL DEVELOPMENT OF THE CITY AND TO RECOMMEND OFFICIAL CONTROLS THE CITY COUNCIL OF CHANHASSEN OR- DAINS: SECTION 1. ESTABLISHMENT OF COMIV & SION. A City Planning Commission for the City of Chanhassen is hereby established. The Commission shall be the City Planning agency and shall be ad- visory to the City Council, except as other powers and duties are imposed on it by Minnesota Statutes Section 462.351 to 462.364 and other provisions of M1nnesota Statutes, or by other ordinances. As used in this Ordinance the term "Commission" shall mean the Planning Commission and "Council" shall mean the City Council of Chanhassen. SECTION 2. COMMISSION COMPOSITION, TERMS AND VACANCIES. 2.01. Composition. The Commission shall consist of seven voting members. Seven members shall be appointed by the Council and may be removed by a four -fifth vote of the Council. 2.02. Terms and Vacancies. Commission members shall be appointed by the Council for terms of three years. Commission members ap- pointed pursuant to Ordinance No. 28 shall hold of- fice until their terms of office have expired or until removed by the Council, whichever occurs first. Commission members shall hold their office until their successors are appointed and qualified. 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/her duties take an oath that he/she will faithfully discharge the duties of of- fice. All members shall serve without compensa- tion. SECTION 3. ORGANIZATION AND MEETINGS. 3.01. The Commission shall elect a chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices, and subcommittees as it may determine. The City Manager or his designee shall act as secretary of the Commission, but he shall not be a member. 3.02. The Commission shall hold regular meetings as specified in its rules for the transaction of business. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. SECTION 4. PROGRAM OF WORK. The Com- mission shall annually prepare a program of work, outlining activities it proposes to undertake during the ensuing year. The Commission may, by resolu- tion, revise its program of work from time to time. SECTION S. DEFINITIONS. For the purposes of this ordinance the terms "Comprehensive Municipal Plan," "Land Use Plan," "Transporta- tion Plan," "Community Facilities Plan," "Capital Improvement Program,,' "Official Map," "Official Controls," and "Subdivision Regulations," shall have the meanings which are set forth in Section 462.352 of Minnesota Statutes. SECTION 6. PREPARATION OF COM- PREHENSIVE MUNICIPAL PLAN. It shall be the function and duty of the Commission to prepare and recommend adoption of a comprehensive municipal plan, and from time to time amendments thereto, in accordance with the provisions of Min- nesota Statutes. The comprehensive municipal plan may also include a land use plan, a capital improve- ment program, a community facilities plan, a transportation plan, and recommendations for plan execution. Affidavit of Publication Sate of Minnesota ) ss. County of Carver ) -St-an RG -1 -f -s }^{; d - _ ----- -- -- -- - -- -, being duly sworn, on oath says he is and during all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known office of issue in the City of Chaska in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Legal #912,1 -- - - - -- --__--_ hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for -- 1-_ successive weeks; that it was first so published on Wed- _ _ __the 24th - day of march 19 82and was thereafter rinted and published on every We do e S d ay _- to and 24th March 92 including the - - - day of - 19 - and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz ,fr Subscribed and sworn to before me this day of � •' �' < •.^ .met vw i.I•�`d►d°,r its t r r .e �,� d� ."" .i A�.r'.E� /^.l a►,A A�.,s.r �+' ;� � �,' '4 A.N L fc R,�� NOS f ;STA aIr al) CAF' t r r..'!,N�-T-y +:� My Comm; Um 28, 19FF flop IV F Notary public, County, Mures to My Commission Expires19 _"• 71 m Q_ /s/ Thomas L. Hamilton Mayor Attest: /s/ Don Ashworth City Clerk/Manager (Pub. Carver County Herald March 24, 1962) C r_ M 0 M4 0 71 SECTION 7. PROCEDURE FOR PLAN EFFEC- ► TUATION. Upon the adoption of the comprehensive municipal plan or any section thereof, the Commis- /T sion shall recommend to the Council reasonable and practical means for putting the same into ef- fect. Such recommendation will serve as a guide to 0 orderly physical, economic and social development C of the City and as a basis for efficient expenditure of Z funds relating thereto. Commission recommends-' tions may cover official controls, maps, normal Ci- ty public improvements, capital expenditures and other matters necessary to attain the objectives hereof. SECTION 8. ZONING ORDINANCE 8.01. At any time, after adoption of a land use plan, the Commission, for the purpose of carrying out the policies and goals of the plan, may prepare a zoning ordinance or amendments thereto, and sub- mit such to the Council with its recommendations for adoption. 8.02. Initiating Amendments to Zoning Or- dinances. An amendment to a zoning ordinance may be initiated by the Council, the Commission, or by petition of affected property owners as defined in the zoning ordinance. No zoning ordinance or amendment thereto shall be adopted except upon complying with the procedures for such adoption as set forth in Section 462.351 to 462.364 of Minnesota Statutes. SECTION 9. OFFICIAL MAP. 9.01. At any time after adoption of a major thoroughfare plan and a community facilities plan, the Commission may for the purpose of carrying out the policies of the major thoroughfare plan and community facilities plan, prepare and recommend to the council a proposed official map covering the entire municipality or any portion thereof. 9.02. No official map or amendment thereto shall be adopted except upon complying with the pro- cedures for such adoption as set forth in Section 462.351 to 462.364 of Minnesota Statutes. SECTION 10. SUBDIVISION REGULATION. 10.01. At any time after adoption of a comprehen- sive municipal plan, the Commission may, for the purpose of carrying out the policies and goals of said plan, prepare subdivision regulations or amendments thereto, and submit such to the Coun- cil with its recommendation for adoption. 10.02. No subdivision regulation or amendment thereto shall be adopted except upon complying with the ptocedures for such adoption as set forth in Section 462.351 to 426.364 of Minnesota Statutes. SECTION 11. OTHER DUTIES. The Commission shall exercise such powers and perform such other duties as are imposed on it by Minnesota Statutes or by other ordinances, including without limitation the recommendation of programs for the coordina- tion of normal public improvements, services of the municipality, the recommendation of programs of urban renewal, and recommendation of programs of capital improvements. SECTION 12. REPEAL. Ordinance No. 28 entitl- ed "An Ordinance Establishing a Planning Com- mission to Plan for the Physical Development of The Village and To Recommend a Zoning Plan," enacted June 17, 1968, is hereby repealed. SECTION 13. EFFECTIVE DATE. This or- dinance becomes effective from and after its passage and publication. Passed by the Council this 15th day of March, 1982. /s/ Thomas L. Hamilton Mayor Attest: /s/ Don Ashworth City Clerk/Manager (Pub. Carver County Herald March 24, 1962) C r_ M 0 M4 0 71