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3. Commission Responsibilities. C ITYOF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Todd Gerhardt, Assistant City Manager DATE: December 31, 1996 SUBJ: Commission Responsibilities Attached please find all the commission responsibilities, terms, and how often they meet. CITYOF cHANHAssEN • 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Todd Gerhardt, Assistant City Manager FROM: Kate Aanenson, Planning Director DATE: December 31, 1996 SUBJ: Commission Responsibilities Senior Commission The Senior Commission consists of 7 voting members appointed by the city council to serve a four year term. The commission meets the third Friday of each month a 9:30 a.m. The duty of the commission is to advise the city council on special needs of the people over 55 living in Chanhassen (see attached by- laws). Planning Commission The Planning Commission consists of 7 members appointed by the city council and serve a three year term. Members are selected from residents of the city. The commission meets on the first and third Wednesday of every month. The commission serves as an advisory body to the city council. The commission prepares the comprehensive plan; directs the provisions of the zoning ordinance and subdivision regulations; and reviews all applications for zoning ordinance amendments, subdivisions, conditional use permits, and site plan reviews (see attached by- laws). Environmental Commission The Environmental Commission's purpose and responsibility is to address issues that affect the city's natural resources and provide environmental education to the public. The commission consists of 9 members (residents of the city), that serve a three year term and are appointed by the city council. They meet the first Thursday of every month (see attached by- laws). Board of Adjustment of Appeals The Board of Adjustment and Appeals consists of 3 members and 1 alternate, all appointed by the city council. Members serve a term of one year. Any city resident is eligible to serve on the Board. In the past, one member of the city council has served on the Board with another member appointed as alternate. The Board meets only when a hearing has been requested. The powers and duties of the Board are to hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer and to hear requests for variances from the literal enforcement of the ordinance. Variances must be approved by a unanimous vote. If a simple majority vote or split vote occurs, a recommendation is then forwarded to the city council. Appeals from the Board of Adjustment and Appeals are sent to the • city council (see attached ordinance). Southwest Metro Transit Southwest Metro Transit Commission Board is an advisory body to the Southwest Metro Transit. The purpose of the Commission is to review alternative methods of providing public transit for the member cities, and contract to provide transit and transit planning services to other entities. The Commission consists of seven members. The City of Chanhassen has two members on the commission. One commissioner shall be a member of the city council exclusive of the mayor and the other a city resident. A commissioner who is a council member of a city shall cease to be a member of the board if they are no longer a member of the city council. The commission meetings are held the first Thursday of the month. The seventh member of the commission is selected on a rotating basis from the member cities. (See attached joint powers agreement). g: \plan \ka \committee responsibility.doc SENIOR COMMISSION CITY OF CHANHASSEN BY -LAWS The following by -laws are adopted by the Chanhassen Senior Commission to facilitate the performances of its duties and the exercising of its functions as a Commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354, Minnesota State Statutes annotated. Section 1- Duties and Responsibilities 1.1 The Senior Commission shall serve as an advisory body to the City Council in addressing the special needs of the people over 55 living in Chanhassen. All final decisions are to be made by the City Council. 1.2 The Senior Commission will consider and make recommendations to the City Council regarding the special needs of seniors in the areas of transportation, information and assistance, independent living in the home, social and recreational programs, senior centers and senior housing, but will not be limited to these issues. 1.3 The Senior Commission will make recommendations to the City Council regarding funding for special services to be provided for the citizens over 55. 1.4 The Senior Commission may propose needs studies of this age group where necessary and make recommendations to the City Council according to the results. 1.5 The Senior Commission will coordinate services with other governments and private agencies for this age group. 1.6 Public Hearings. The Senior Citizen Commission shall hold public hearings on issues regarding special needs of seniors in areas of transportation, information and assistance, independent living in the home, social and recreational programs, senior centers and senior housing, but will not be limited to these issues. 1.7 Establishment of Sub - Committees. The Senior Commission may, as they deem appropriate, establish special sub - committees comprised solely of their own members. Section 2 - Meetings 1 2.1 Time and Place. Regular meetings of the Commission shall be held on the third Friday of each month at 9:30 a.m. at the City Council Chambers, 690 Coulter Drive, unless otherwise directed by the Chairperson, in which case, at least 24 hours notice will be given to all members. Regular meetings shall have a curfew of 12:00 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular meeting. When the regular meeting day falls on a legal holiday, there shall be no meeting. 2.2 Special Meetings. Special meetings shall be held upon call by the Chairperson, or in her/his absence, the Vice - Chairperson, or any other member with the concurrence of four other members of the Commission and with at least 48 hours of notice to all members on the first Friday of the month. Notice of all special meetings shall be posted on the official city bulletin board. 2.3 Attendance. The Senior Commission members shall attend not less than 75% of all regular and special meetings held during a given calendar year and shall not be absent from three consecutive meetings without prior approval of the Chairperson. Failure to meet this minimum attendance requirement shall be cause for removal from the Commission by action of the City Council. Section 3 - Commission Composition - Terms and Vacancies 3.1 Composition. The Senior Commission shall consist of seven voting members. Seven members shall be appointed by the City Council and may be removed by the Council. 3.2 Terms and Vacancies. The City Council shall appoint seven members to the commission for terms of twe four a dwe years. 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 charge of his/her duties take an oath that he /she will faithfully discharge the duties of his/her office. All members shall serve without compensation. 3.3 Quorum. Four Senior Commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. Section 4 - Organization 4.1 Election of Officers. The first meeting in April of each year, the Senior Commission shall hold an organizational meeting. At this meeting, the Commission shall elect from its membership a chairperson and vice - chairperson. This shall be done by voice vote. Vice - Chairperson shall be elected from the remaining members by the same proceeding. If the Chairperson retires from the Senior Commission before the next regular organizational 2 meeting, the Vice - Chairperson shall be Chairperson. If both Chairperson and Vice - Chairperson retire, new officers shall be elected at the next regular meeting. If both Chairperson and Vice - Chairperson are absent from a meeting, the Commission shall elect a temporary Chairperson by voice vote. 4.2 Duties of Chairperson and Vice - Chairperson. The Chairperson, or in his/her absence, the Vice - Chairperson, shall preside at meetings, appoint committees from it's own membership and perform other such duties as ordered by the Commission. The Chairperson shall conduct the meeting so as to keep it moving as rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. Section 5 - Procedure 5.1 Procedure. Parliamentary procedure governed by Robert's Rules of Order Revised shall be followed at all regular meetings. At special work session meetings, and when appropriate, the Commission may hold group discussions not following any set parliamentary procedures except when motions are before the Commission. Section 6 - Public Hearings 6.1 Purpose of Hearings. The purpose of a hearing is to collect information and facts in order for the Commission to develop a rational senior issue recommendation for the City Council. 6.2 Hearing Procedure. At hearings, the following procedures shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon staff to present the staff report. Required reports from each city department shall be submitted to the Senior Commission before each case is heard. c. The Chairperson shall ask the applicant to present his/her case. d. Interested persons may address the Commission, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other commissioners. f. There shall be no dialogue among the Commissioners, giving information regarding the particular proposal. (The Senior Commission members may ask questions of persons addressing the Commission in order to clarify a fact, but any statement by a member for any other purpose then to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the 3 hearing on each case, the Senior Commission shall discuss the item at hand and render a decision. The Senior Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all of the parties of their rights of appeal on any decision or recommendation of the Senior Commission. 6.3 Schedule. At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set on the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. Section 7 - Miscellaneous 7.1 Senior Commission Discussion. Matters for discussion which do not appear on the agenda may not be considered and discussed by the Commission unless, when initiated and presented by the staff and be placed at the end of the agenda. 7.2 Suspension of Rules. The Commission may suspend any of these rules by unanimous vote of the members present. 7.3 Amendments. Amendments of these by -laws may be made at any regular or special meeting of the Senior Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 Review. At the first meeting in January of each year, these by -laws shall be read and adopted by the Senior Commission. Adopted this _ day of , 1996. Chairperson 4 BYLAWS PLANNING COMMISSION CITY OF CHANHASSEN The following bylaws are adopted by the City Planning Commission to facilitate the performance of its duties and the exercising of its functions as a commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354 Minnesota State Statutes annotated. SECTION 1 - DUTIES AND RESPONSIBILITIES - PLANNING COMMISSION: 1.1 The Planning Commission shall serve as an advisory body to the City Council through carrying out reviews of planning matters. All final decisions are to be made by the City Council. 1.2 The Planning Commission shall prepare a Comprehensive Plan for the future development of the city and recommend on amendments to the plan as they arise. 1.3 The Planning Commission shall initiate, direct, and review the provisions and standards of the Zoning Ordinance and Subdivision Regulations and reports its recommendations to the City Council. 1.4 The Planning Commission shall review applications and proposals for zoning ordinance amendments, subdivisions, street vacations, conditional use permits and site plan reviews and make their recommendations to the City Council in accordance with the Zoning Ordinance and Subdivision Ordinance. 1.5 The Planning Commission shall hold public hearings on development proposals as prescribed by the Zoning and Subdivision Ordinances. 1.6 - Establishment of Subcommittees The Planning Commission may, as they deem appropriate, establish special subcommittees comprised solely of their own members. SECTION 2 - MEETINGS: 2.1 - Time Regular meetings of the Commission shall be held on the first and third Wednesday of each month at 7:00 p.m. at the City Council Chambers, 690 Coulter Drive, unless otherwise directed by the Chairperson, in which case at least 24 hours notice will be given to all members. Regular meetings shall have a curfew of 10:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular Planning Commission meeting. When the regular meeting day falls on a legal holiday, there shall be no Planning Commission meeting. 2.2 - Special meetings Special meetings shall be held upon call by the Chairperson, or in his/her absence, by the Vice - Chairperson or any other member with the concurrence of four other members of the commission, and with at least 48 hours of notice to all members. Notice of all special meetings shall also be posted on the official city bulletin board. 2.3 - Attendance: Planning Commission members shall attend not less than seventy -five (75 %) percent of all regular and special meetings held during a given (calendar) year, and shall not be absent from three (3) consecutive meetings without prior approval of the Chairperson. Failure to meet this minimum attendance requirements shall be cause for removal from the commission by action of the City Council. SECTION 3 - COMMISSION COMPOSITION, TERMS AND VACANCIES: 3.1 - Composition The commission shall consist of seven (7) voting members. Seven members shall be appointed by the Council and may be removed by the Council. 3.2 - Terms and Vacancies The council shall appoint seven members to the commission for terms of three (3) years. 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 charge of his /her duties, take an oath that he /she will faithfully discharge the duties of his office. All members shall serve without compensation. 3.3 - Quorum Four planning commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. SECTION 4 - ORGANIZATION: 4.1 - Election of Officers At the first meeting in April of each year, the planning commission shall hold an organization meeting. At this meeting, the commission shall elect from its membership a Chairperson and Vice - Chairperson. This shall be done by secret ballot. Each member shall cast its ballot for the member he wishes to be chosen for Chairperson. If no one receives a majority, balloting shall continue until one member receives the majority support. Vice - Chairperson shall be elected from the remaining numbers of the same proceeding. 4.2 - Duties of the Chairperson and Vice - Chairperson The Chairperson or in his/her absence, the Vice - Chairperson, shall preside at meetings, appoint committees from its own membership, and perform other such duties as ordered by the commission. The Chairperson shall conduct the meeting so as to keep it moving rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. SECTION 5 - PROCEDURE: 5.1 - Parliamentary Procedure Parliamentary Procedure governed by Roberts Rules of Order Revised, shall be followed at all regular meetings. At special work session meetings, and when appropriate, the commission may hold group discussions not following any set parliamentary procedures except when motions are before the commission. SECTION 6 - PUBLIC HEARINGS: 6.1 - Purpose of Hearings The purpose of a hearing is to collect information and facts in order for the commission to develop a rational planning recommendation for the City Council. 6.2 - Hearing Procedure At hearings, the following procedure shall be followed in each case: a. The Chairperson shall state the case to be heard. b. The Chairperson shall call upon the staff to present the staff report. Required reports from each city department shall be submitted to the Planning Commission before each case is heard. c. The Chairperson shall ask the applicant to present his case. d. Interested persons may address the commission, giving information regarding the particular proposal. e. Petitioners and the public are to address the Chairperson only, not staff or other commissioners. 3 f. There shall be no dialogue among the commissioners giving information regarding the particular proposal. (The Planning Commission members may ask questions of persons addressing the commission in order to clarify a fact, but any statement by a member of any other purpose than to question may be ruled out of order.) g. After all new facts and information have been brought forth, the hearing shall be closed and interested persons shall not be heard again. Upon completion of the hearing on each case, the Planning Commission shall discuss the item at hand and render a decision. The Planning Commission, if it so desires, may leave the public record open for written comments for a specified period of time. h. The Chairperson shall have the responsibility to inform all the parties of their rights of appeal on any decision or recommendation of the Planning Commission. 6. 3 - Schedule At meetings where more than one hearing is scheduled, every effort shall be made to begin each case at the time set in the agenda, but in no case may an item be called for hearing prior to the advertised time listed on the agenda. SECTION 7 - MISCELLANEOUS: 7.1 - Planning Commission Discussion a. Matters for discussion which do not appear on the agenda may be considered and discussed by the commission only when initiated and presented by the staff and shall be placed at the end of the agenda. b. Matters which appear on the agenda as open discussion items will not be recorded as minutes. 7.2 - Suspension of Rules The commission may suspend any of these rules by a unanimous vote of the members present. 7.3 - Amendments Amendment of these bylaws may be made at any regular or special meeting of the Planning Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 - Review At the first meeting in April of each year, these bylaws shall be read and adopted by the Planning Commission. Adopted: Date: 4 • ENVIRONMENTAL COMMLSSION CITY OF CHANHASSEN BY-LAWS The following by -laws are adopted by the Chanhassen Environmental Commission to facilitate the performances of its duties and the exercising of its functions as a Commission established by the City Council pursuant to the provision of Subdivision 1, Section 462.354, Minnesota State Statutes annotated. Section 1 - Duties and Responsibilities 1.1 The Environmental Commission has the purpose and responsibility to provide the residents of Chanhassen with opportunities to improve the quality of their environment, address issues that affect the city's natural resources, provide environmental education to the public, bring a comprehensive perspective to environmental issues, and advocate the benefits and necessity of Chanhassen's natural resources. • 1.2 The Environmental Commission shall serve as an advisory body to the City Council and Planning Commission in addressing the needs of the environment. All final decisions are to be made by the City Council. 1.3 The Environmental Commission will consider and make recommendations to the City Council regarding environmental issues. 1.4 The Environmental Commission will make recommendations to the City Council regarding funding for environmental projects. 1.5 The Environmental Commission may propose needs studies to the City Council of the environment where necessary and make recommendations to the City Council according to the results. 1.6 The Environmental Commission will coordinate services with other governments and private agencies for related issues with notification to the City Council. 1.7 Establishment of Sub - Committees. The Environmental Commission may, as they deem appropriate, establish special sub- committees comprised solely of their own members. Section 2 - Meetings 2.1 Time and Place. Regular meetings of the Commission shall be held on the first Thursday of each month at 7:00 p.m. at the City Council Chambers, 690 Coulter Drive, unless otherwise 1 directed by the Chairperson, in which case, at least 24 hours notice will be given to all members. Regular meetings shall have a curfew of 9:30 p.m. which may be waived at the discretion of the Chairperson. All unfinished business will be carried over to the next regular meeting. When the regular meeting day falls on a legal holiday, there shall be no meeting. In such an event, the monthly meeting shall be rescheduled by consensus. 2.2 Special Meetings. Special meetings shall be held upon call by consensus of the Commission and with at least 48 hours of notice to all members. 2.3 Attendance. The Environmental Commission members shall attend not less than 75% of all regular and special meetings held during a given calendar year and shall not be absent from three consecutive meetings without prior notification of the Chairperson. Failure to meet this minimum attendance requirement shall be reasonable cause for removal from the Commission by action of the City Council. Section 3 - Commission Composition - Terms and Vacancies 3.1 Composition. The Environmental Commission shall consist of nine voting members. Nine members shall be appointed by the City Council and may be removed by the Council. 3.2 Terms and Vacancies. The City Council shall appoint nine members to the commission for terms of three years. Vacancies during the term shall be filled by the Council for the unexpired portion of the term. All members shall serve without compensation. 3.3 Quorum. Five Environmental Commission members shall constitute a quorum for the transaction of business. Whenever a quorum is not present, no final or official action shall be taken at such meeting. Section 4 - Organization 4.1 Election of Officers. The first meeting in June of each year, the Environmental Commission shall hold an organizational meeting. At this meeting, the Commission shall elect from its membership a chairperson and vice - chairperson. This shall be done by voice vote. Vice - Chairperson shall be elected from the remaining members by the same proceeding. If the Chairperson retires from the Environmental Commission before the next regular organizational meeting, the Vice - Chairperson shall be Chairperson. If both Chairperson and Vice - Chairperson retire, new officers shall be elected at the next regular meeting. If both Chairperson and Vice - Chairperson are absent from a meeting, the Commission shall elect a temporary Chairperson by voice vote. 4.2 Duties of Chairperson and Vice - Chairperson. The Chairperson, or in his/her absence, the Vice Chairperson, shall conduct the meeting so as to keep it moving as rapidly and efficiently as possible and shall remind members, witnesses and petitioners to preserve order and decorum 2 and to keep comments to the subject at hand. The Chairperson shall not move for action but may second motions. - Section 5 - Procedure 5.1 Procedure. When appropriate, parliamentary procedure governed by Robert's Rules of Order Revised shall be followed. Section 6 - Informational Meetings 6.1 Purpose of Informational Meetings. The purpose of an informational meeting hoofing is to collect information and facts in order for the Commission to develop a rational environmental issue recommendation for the City Council. 6.2 Meeting Healing Procedure. At informational meetings heafings, the following procedures shall be followed in each case: a. The Chairperson shall state the purpose of the meeting ca -heard. b. Interested persons may address the Commission, giving information regarding the particular proposal. Section 7 - Miscellaneous 7.1 Environmental Commission Discussion. Matters for discussion which do not appear on the agenda may not be considered and discussed by the Commission until the end of the agenda. 7.2 Suspension of Rules. The Commission may suspend any of these rules by unanimous vote of the members present. 7.3 Amendments. Amendments of these by -laws may be made at any regular or special meeting of the Environmental Commission but only if scheduled on the meeting agenda in advance of the meeting. 7.4 Review. At the first meeting in June of each year, these by -laws shall be read and adopted by the Environmental Commission. Adopted this _ day of, ,1996. Chairperson 3 § 20 -28 CHANHASSEN CITY CODE Sec. 20 -28. Board of adjustments and appeals. (a) There is created a board of adjustments and appeals which shall consist of three (3) regular members and one (1) alternate member all of whom shall be appointed by the city council. Three (3) members of the board shall constitute a quorum. The alternate member may vote only if a regular member is absent from the board meeting. The board shall serve without compensation. Its members shall serve a term of one (1) year beginning on the first day of January or until their successors are appointed. The board shall select one (1) of its members as chairperson and appoint a secretary who may, but need not, be one (1) of its members. (b) Pursuant to Minnesota Statutes section 462.357, subdivision 6. The board shall have the following powers: • Supp. No. 8 1158.10 ZONING § 20 -29 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by a city employee in the administra- tion of this chapter. (2) To hear requests for variances from the provisions of this chapter which are not made in conjunction with platting, site plan review, conditional use or interim use permit application. (Ord. No. 80, Art. III, § 1, 12- 15 -86; Ord. No. 131, § 1, 7 - - 90) State law reference — Board of adjustment and appeals, M.S. § 462.354, subd. 2. Sec. 20 - 29. Board of adjustments variance and appeal procedures. (a) Form; fee. Appeals and applications for variances shall be filed with the zoning administrator on prescribed forms. A fee, as established by the city council, shall be paid upon the filing of an application. The board of adjustments and appeals may waive the application fee in unusual circumstances. (b) Hearing. Upon the filing of an appeal or application for variance, the zoning adminis- trator shall set a time and place for a hearing before the board of adjustments and appeals on such appeal or application, which hearing shall be held within thirty (30) days after the filing of said appeal or application. At the hearing the board shall hear such persons as wish to be heard, either in person or by attorney or agent. Notice of such hearing shall be mailed not less than ten (10) days before the date of hearing to the person who filed the appeal or application for variance, and, in the case of an application for variance, to each owner of property situated wholly or partially within five hundred (500) feet of the property to which the variance application relates. The names and addresses of such owners shall be determined by the zoning administrator from records provided by the applicant. (c) Decisions of the board The board shall be empowered to decide appeals and grant variances only when the decision of the board is by a unanimous vote. A simple majority vote or split vote by the board shall serve only as a recommendation to the city council, who shall then make the final determination on the appeal or variance request within thirty (30) days after receipt of the board's action. The board shall act upon all appeals and variance requests • within fifteen (15) days after the date of the close of the required hearing. (d) Appeal from decisions of board. A city council member, the applicant, or any aggrieved person may appeal such decision to the city council by filing an appeal with the zoning administrator within four (4) days after the date of the board's decision. (e) Council action. By majority vote, the city council may reverse, affirm or modify, wholly or partly, the decision appealed from the board, and to that end the city council shall have all the powers of the board. The council shall decide all appeals within thirty (30) days after the date of the required hearing thereon. (f) Action without decision. If no decision is transm'tted by the board to the city council within sixty (60) days from the date an appeal or variance request is filed with the zoning Supp. No. 3 1159 • § 20 -29 CHANHASSEN CITY CODE administrator, the council may take action on the request, in accordance with the procedures governing the board, without further awaiting the board's decision. (Ord. No. 80, Art. III, § 1(3- 1- 4(1) —(5), (7)), 12- 15 -86; Ord. No. 131, § 2, 7 -9 -90; Ord. No. 143, § 1, 3- 11 -91) State law reference — Appeals and adjustments, M.S. § 462.357, subd. 6. Sec. 20-30. Recording permits. Variances, conditional use permits, interim use permits, site plan approvals, wetland alteration permits, and mining Hermits shall be recorded against the title to the property for which the permit is granted. Such permits shall be invalid unless they are recorded within one hundred twenty (120) days after they are approved by the city. The permit applicant is re- sponsible for recording the document and providing the city proof of the recording within the one hundred twenty -day period. The city council may approve an extension of time within which to record the permits. No related city permit may be issued and no construction or use may commence until after the permit is recorded and the city has received proof of the re- cording. (Ord. No. 129, § 1, 6 -4 -90) Sec. 20.31. Variance requests in conjunction with platting, site plan review, condi- tional use and interim use permits. (a) Form; fee. Appeals and applications for variances from the provisions of this chapter made in conjunction with platting, site plan review, conditional use and interim use permits and variance from the subdivision ordinance shall be filed with the zoning administrator on prescribed forms. A fee, as established by the city council, shall be paid upon the filing of an application. (b) Hearing. Upon the filing of such variance applications the zoning administrator shall . set a time and place for a hearing before the planning commission on the application, which hearing shall be held within thirty (30) days after the filing of the application. At the hearing the planning commission shall hear such persons as wish to be heard, either in . person or by attorney or agent. Notice of such hearing shall be mailed not less than ten (10) days before the date of the hearing to the person who filed the application for variance, to each owner of property situated wholly or partially within five hundred (500) feet of the property to which the variance application relates. The names and addresses of such owners shall be determined by the zoning administrator from records provided by the applicant. (c) Recommendation. Following the public hearing the planning commission shall•recom- mend to the city council that the variance be granted or denied. If the planning commission • recommends approval, it may also recommend appropriate conditions: (d) Council action. By majority vote, the city council may approve or deny the variance - request. In granting any variance the city council may attach conditions to ensure compliance with this chapter and to protect adjacent property. . Supp. No. 3 1160 ZONING § 20 -43 (e) Action without decision. If a decision is not promptly transmitted by the planning commission to the city council, the council may take action on the request without further awaiting the planning commission's recommendation. (Ord. No. 131, § 3, 7 -9 -90) Editor's note — Section 3 of Ord. No. 131, adopted July 9, 1990, amending Ch. 20 by adding § 20 -30 thereto. Inasmuch as there existed a § 20 -30, the editor has included the new provisions as § 20 -31. Secs. 20.32- 20 -40. Reserved. DIVISION 2. AMENDMENTS* Sec. 20 -41. Generally. The council may, from time to time, by a four - fifths vote of the entire council adopt amendments to this chapter, including the zoning map. Amendments shall not be adopted that are inconsistent with the city's comprehensive plan unless the council express its intent to amend the comprehensive plan. (Ord. No. 80, Art. III, § 3(3 -3 -1), 12- 15 -86; Ord. No. 139, § 1, 3- 11 -91) Cross reference — Amendments to official maps, § 15 -22. Sec. 20 -42. Procedure generally. (a) Proceedings to amend this chapter, including the zoning map shall only be initiated by the council, the planning commission or a petition of the property owner. (b) An application for an amendment shall be filed with the city. Petitions by property owners requesting change in a district boundary shall be accompanied by a map or plat showing the lands proposed to be changed and all land within five hundred (500) feet of the boundaries of the property proposed for such rezoning together with the names and addresses of the owners of lands in such area. (Ord. No. 80, Art. III, § 3(3 -3 -2), 12- 15 -86) Sec. 20.43. Public hearing. (a) No amendment to this chapter, including the zoning map shall be adopted until a public hearing has been held thereon by the planning commission. Notice of the time, place and purpose of an amendment hearing shall be published in the official newspaper at least ten (10) days prior to the day of hearing. When an amendment involves changes in one (1) or more district boundaries affecting an area of five (5) acres or less, notice of the hearing shall be mailed at least ten (10) days before the date of hearing to each owner of property within the area proposed to be changed and owners of property situated wholly or partially within five hundred (500) feet of the property to which the amendment relates. The failure of a property owner to receive notice as specified herein shall not invalidate the public hearing or the *State law reference — Zoning ordinance amendments, M.S. § 462.357, subds. 3, 4. Supp. No. 6 1161 Pis red �o FIRST SECOND RESTATED JOI -lb -16 NT POWERS AGREEMENT ESTABLISHING A SOUTHWEST METRO TRANSIT COMMISSION (FORMERLY SOUTHWEST AREA TRANSIT COMMISSION) THIS RESTATED JOINT POWERS AGREEMENT, is made and entered into this 12th day of Ecptcmbcr, 199 . 1996, by and between the Cities of Eden Prairie, Chanhassen, and Chaska, all being municipal corporations organized under the laws of the State of Minnesota, pursuant to authority conferred upon the parties by Minnesota Statutes §174.265, Minnesota Statutes §473.384, §473.388, and /or Minnesota Statutes §471.59. WHEREAS, the Cities of Eden Prairie, Chaska, and Chanhassen have completed a Project Study under the Metropolitan Transit Service Demonstration Program, which was established in 1982 by the Minnesota Legislature under Minnesota Statutes §174.265; WHEREAS, the purpose of this study was to test the efficiency and effectiveness of alternative methods of providing public transit service for communities that are within the metropolitan transit taxing district, but that are not adequately served by existing regular route transit; and WHEREAS, each of the parties hereto has entered into a Joint Powers Agreement and fivc six amendments thereto; WHEREAS, each of the parties hereto desires to enter into this First Second Restated Joint Powers Agreement and has, through the actions of its respective governing bodies, been duly authorized to enter into this First Restated Joint Powers Agreement for the purposes hereinafter stated WHEREAS, Laws of Minnesota 1996, Chapter 455, Section 4, allows the •arties to make a local transit tax le in lieu of receivin• assistance from the Metropolitan Council under Minnesota Statutes, Section 473.388; and WHEREAS, said local transit tax levy will replace a similar transit tax which would otherwise be made by the Metropolitan Council. NOW THEREFORE, BE IT RESOLVED, in consideration of the mutual covenants and agreements contained herein, it is hereby agreed by and between the Cities of Eden Prairie, Chaska, and Chanhassen, through their respective City Councils, that: 321034.Red V2 to V1; 5/16/96 - 23 1. NAME. The Parties hereto hereby create and establish the SOUTHWEST METRO TRANSIT COMMISSION. 2. PURPOSE. The purpose of this Agreement and the SOUTHWEST METRO TRANSIT COMMISSION is to (i) provide alternative methods of providing public transit service for the Cities of Eden Prairie, Chanhassen, and Chaska and (ii) contract to provide transit and transit planning services to other entities, as approved by the Commission, pursuant to Minnesota Statutes §473.384 and /or Minnesota Statutes §473.388 and 471.59. 3. DEFINITIONS. a) "Commission" means the organization created by this Agreement, the full name of which is the "SOUTHWEST METRO TRANSIT COMMISSION." b) "Board means the Board of Commissioners of the SOUTHWEST METRO TRANSIT COMMISSION. c) "Council" means the governing body of a party to this Agreement. d) "Regional Transit Board" (RTB) is the regional transit board as established by Minnesota Statutes §473.373, or its successor the Metropolitan Council pursuant to Laws of Minnesota 1994, Chapter 628, the Metropolitan Reorganization Act of 1994. e) "Advisory committee" is a committee consisting of the City Manager or chief Administrator of each party, or his or her designee, which shall act as an advisory body to the Board. f) "Party" means any municipality which has entered into this Agreement. g) "Metropolitan Council" is the regional entity established by Minnesota Statutes §473.123. 4. PARTIES. The municipalities which are original parties to this Agreement are Eden Prairie, Chanhassen, and Chaska. No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any party listed above 321034.Red V2 to V1; 5/16/96 2 Sii0 ?Li to be represented on the Commission so long as such party continues to exist as a separate political subdivision. 5. BOARD OF COMMISSIONERS. a) The governing body of the Commission shall be its Board which will consist of seven commissioners. Each party shall appoint two commissioners ( "original commissioners ") and a seventh commissioner will be appointed by the parties on a rotating basis as described below. Class 1, 2 and 3 commissioners must reside in the City they are appointed to represent. The Class 4 Commissioner shall reside or maintain a principal place of business in the City which has appointed said Commissioner. b) There shall be four classes of commissioners. The term of each commissioner in Class 1 shall expire on December 31, 1987, and every three years thereafter. The term of each commissioner in Class 2 shall expire on December 31, 1988, and every three years thereafter. The term of each commissioner in Class 3 shall expire on December 31, 1989, and every three years thereafter. The six original commissioners shall be appointed to Classes 1 through 3 by draw, provided that no two commissioners appointed by a party shall be members of the same class. Two commissioners shall be assigned to Class 1, two commissioners shall be assigned to Class 2, and two commissioners shall be assigned to Class 3. A seventh commissioner shall be assigned to Class 4 beginning January 1, 1988. The term of the Class 4 commissioner shall expire on December 31, 1989, and every two years thereafter. The Class 4 commissioner shall be appointed by the parties on a rotating basis, beginning January 1, 1988, with an appointment by the City of Chaska on January 1, 1990, with the City of Chanhassen on January 1, 1992, with an appointment by the City of Eden Prairie, and continuing in a like pattern thereafter. The successor of each of the commissioners shall be appointed to the same class as the successor's predecessor. One commissioner appointed by each party must include a City Council member, inclusive of the Mayor, currently serving in office. A commissioner who is a council member of a party shall cease to be a commissioner, even if the term for which the commissioner was appointed has not expired, if (a) the commissioner ceases to be a member of the Council of the appointing party, and (b) no other council member of the appointing party is then a Class 1, 2 or 3 commissioner. In such event, a council 321034.Red V2 to V1; 5/16/96 3 : 31b * . S member of the appointing party shall be appointed by the appointing party to serve the remainder of the term created by the vacancy. c) A commissioner may be removed by the party appointing him /her with or without cause. d) The commissioners may receive such compensation as is authorized and established by the Board at its first meeting of each year. e) A majority of the members of the Board shall constitute a quorum of the Board. Attendance by a quorum of the Board shall be necessary for conducting a meeting of the Board. The Board may take action at a meeting upon an affirmative vote of a majority of the quorum, unless hereinafter specified otherwise. f) At the organizational meeting or as soon thereafter as it may be reasonably done, the Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or special meeting of the Board provided that at least ten (10) days prior thereto, notice of the proposed amendment has been furnished to each member of the Board. A majority vote of all eligible votes of the then existing members of the Board shall be required to adopt any proposed amendment to such rules and regulations. g) At the organizational meeting of the Board, and in January of each year thereafter, the Board shall elect a chairperson, a vice chairperson, a secretary, a treasurer, and such other officers as it deems necessary to conduct its business and affairs. The duties of the officers shall be designated in the rules and regulations established by the Board. 6. POWERS AND DUTIES OF THE COMMISSION. a) General. The commission has the powers and duties to establish a program pursuant to Minnesota Statutes §473.384 and /or Minnesota Statutes §473.388 in order to (i) provide public transit service to serve the geographic area of the parties; and (ii) to contract to provide transit and transit planning services to entities as approved by the Commission. The commission shall have all powers necessary to discharge its duties. 321034.Red V2 to V1; 5/16/96 4 416 b) The Commission may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of equipment, property, or property rights as deemed necessary to carry out the purposes of the Commission. c) The Commission may enter into such contracts with such persons or corporations, public or private, to carry out the purposes of the Commission. The Commission may, if deemed necessary, contract for and purchase such services, equipment, and functions as the Board deems necessary for the protection of the Commission and the parties and to implement the provisions of the plan and program. The Commission shall not enter into any contract or incur any obligation in violation of the provisions of Minnesota Statutes Chapter 475. d) The Commission may establish bank accounts, both savings and checking, as the Board shall from time to time determine. e) The Commission may employ an Executive Director, whose duty shall be to administer policies as established by the Commission. The Executive Director shall be an employee of the Commission. Compensation of the Executive Director shall be established by the Board. The Commission may enter into employment contracts with other personnel and may provide for compensation, insurance, and other terms and conditions that it deems necessary. f) The Commission may, in lieu of directly operating a public transit system or any part thereof, enter into a contract for management services. The contract may provide for compensation, incentive fees, the employment of personnel, and other terms and conditions that the Commission deems proper. g) The Commission may sue or be sued. h) The Commission may accept any gifts, grants, or loans of money or other property from the United States, the state, or any person or entity; may enter into any agreement required in connection therewith; may comply with any federal or state laws or regulations applicable thereto; and may hold, use, and dispose of the money or property in accordance with the terms of the gift, grant, loan, or agreement. 321034.Red V2 to V1; 5/16/96 5 5 :9=i) - i) The Commission shall provide any party with data and information requested by the party in accordance with law. The Commission shall, in the development of the program and implementation thereof, prepare such reports, either financial or management, as required by the Regional Transit Board, the Metropolitan Council or other governmental units. j) The Commission shall cause to be made an annual audit of the books and accounts of the Commission and shall make and file the report to its Members at least once each year, which report shall contain such information as good accounting practices require and such further information as required by the Regional Transit Board, the Metropolitan Council or other governmental units. k) The Commission shall maintain books, reports, and records of its business and affairs which shall be available for and open to inspection by the parties at all reasonable times. 1) The Commission may contract to purchase services from any one of the parties. m) The Commission may purchase passenger shelters without prior approval of any of the Councils of the parties to this Agreement. The commission may, without prior approval of any of the Councils of the parties to this Agreement. The Commission may, without prior approval of any of the Councils of the parties to this Agreement, execute an agreement to purchase real estate for use as Park and Ride lots with the payment of earnest money not to exceed $5,000.00, provided that the agreement to purchase such real estate is subject to the approval of the Council of the City in which such real estate is located. 7. OPERATING COSTS, BUDGET, AND FINANCIAL LIABILITY. a) Operating Costs. Operating costs shall include all non - capital costs for the maintenance and operation of the transit system, including, but not limited to, gasoline, oil, lubrijdnts, parts, repairs, labor, and service for any vehicles employed in such operation; insurance premiums; salaries and other direct payments for work or labor in performance of the services furnished by the transit system; indirect costs incurred in the employment of persons for the performance of such 321034.Red V2 to V1; 5/16/96 6 services, such as taxes, unemployment compensation, workers' compensation, insurance benefits paid to or accrued for such employees, and any other costs attributable to such employment; and any expenses incurred in connection with contracts for management services. b) Budget. The Commission shall have a fiscal year beginning January 1 and ending December 31. The Executive Director shall annually prepare an estimated budget for the next fiscal year including an estimate of capital expenditures, operating costs, and revenues. Estimated capital expenditures and operating costs shall be limited to revenues received pursuant to Minnesota Statutes §473.384, Minnesota Statutes §473.388, and Minnesota Statutes §473.39 and estimated revenues to be received from the operation of the transit system. The Board shall review and approve or disapprove the budget. One - twelfth (1/12) of the estimated annual budget shall constitute the estimated monthly budget. The estimated annual and monthly budgets may be adjusted from time to time on the basis of actual costs incurred or changes in estimated revenue. In the event of an adjustment of the budget, there shall be furnished to each party a computation of said adjustment. c) Financial Liability. The primary annual financial contribution to the Commission of each party shall be equal to the total amount of assistance which each party receives pursuant to Minnesota Statutes §473.384 and Minnesota Statutes §473.388, including any local transit tax levied pursuant to Minnesota Statutes §437.388, Subdivision 7. U'on receipt any such assistance includin• all revenues derived from any local transit tax, shall be promptly remitted to the Commission. In addition, each party shall be responsible for annual debts and obligation of the Commission which exceed annual revenues in accordance with the following formula. Each party shall be liable for that percentage of the total annual debts and obligations which exceed total annual revenue which is directly proportional to that party's primary annual financial contribution in comparison to the total primary annual financial contribution by all parties to the Commission during the year in question. The Board shall submit a monthly 321034.Red V2 to V1; 5/16/96 7 - bill to each party for its proportionate share of actual expenses which exceed actual revenues. At the end of each fiscal year, each party shall be credited for any excess payments made by it during the year, or billed for its proportionate share of actual expenses which exceed actual revenues for which it had not previously been billed. Upon receiving a'bill from the Commission, each party shall remit payment of the same within 30 days. To the extent that each party is financially liable pursuant to the above formula, each party hereby agrees to indemnify any other party which for any reason assumes payment of its debts in connection with the operation of the Commission. d) Financial Liability Limited. Notwithstanding anything to the contrary contained in paragraph 7(c) above, each party's liability under this contract shall be limited to the extent that it shall not result in any indebtedness or the incurrence of any pecuniary liability for which it shall be necessary to levy in any year a rate of taxes higher than the maximum prescribed by law or to do any other thing in violation of Minnesota Statutes §275.27 or any other law which shall cause this Agreement to be null and void. Nothing contained in this Agreement shall preclude any party from providing in any budget for, or making any expenditure, or selling or issuing any bonds, or creating any indebtedness, the payment of principal or interest of which shall require the levy of taxes which levy may or may not be subject to any maximum levy limitation or limitations prescribed by law. Such party's obligation to levy taxes for payment of and to pay any amount to any other party from any such tax levy shall be subordinate to , and may occur only after provision is made for, the levy of taxes for and the payment of any such expenditure or indebtedness, the sale of issuance of bonds and the payment of principal or interest thereon. 8. INSURANCE. The Commission shall provide or cause to be provided motor vehicle liability (other than that applicable to public transit vehicles), general public liability, and public officials liability insurance in amounts not less than $1,600,000, and workers' compensation insurance. The Commission shall also provide or cause to be provided insurance insuring against liability arising out of the ownership and operation of public transit vehicles in such amounts and on such terms as the 321034.Red V2 to V1; 5/16/96 8 30 Commission shall determine. The Commission may also provide insurance for fire, theft, motor vehicle collision insurance, and other insurance relating to any of its property, rights, or revenue, or any other risk or hazard arising from its activities. The Commission may provide for the insuring of its officers or employees against any other liability, risk, or hazard. 9. DURATION OF AGREEMENT. This Agreement shall continue in force until January 1, 1988, and thereafter from year to year, subject to withdrawal by a party or termination by all parties. Withdrawal by any party shall be effected by serving written notice thereof upon the other parties no later than July 1 of the year at the end of which such withdrawal is to be effective. Withdrawal from the Agreement by any party at the end of the calendar year shall not affect the obligation of any party to perform the Agreement for or during the period that the Agreement is in effect. Withdrawal of any party or termination of the Agreement by all parties shall not terminate or limit any liability, contingent, asserted or unasserted, of any party arising out of that party's participation in the Agreement. 10. DISTRIBUTION OF ASSETS. In the event of withdrawal of any party from this Agreement, all of the capital assets, real estate, liquid assets, prepaid expenses and cash utilized by the Commission or its designated management services, which the withdrawing party may have contributed to in proportionate share, shall be forfeited to the Commission. In the event of termination of this Agreement by all parties, all of the capital assets, real estate, liquid assets, prepaid expenses, and cash which remain after payment of debts and obligations shall be distributed among the municipalities who are parties to this Agreement immediately prior to its termination in accordance with the following formula subject to contractual obligations of the Commission. Each municipality shall receive that percentage of remaining assets determined by dividing the total amount which that municipality contributed to the Commission during the previous five years by the total amount contributed to the Commission over the previous five years by all the municipalities who are parties to this Agreement immediately prior to its termination. The amount of the distribution to any party pursuant to this Agreement shall be reduced by any amounts owed by the party to the Commission pursuant to paragraph 7(c) and shall be subject to the party's continuing liability pursuant to paragraph 9. 321034.Red V2 to V1; 5/16/96 9 .0 -.3( 11. ARBITRATION. If the parties are unable to agree upon any matter to be decided by the Commission, any party may submit such unresolved dispute for arbitration in accordance with the rules of commercial arbitration of the American Arbitration Association, with the parties sharing the costs of such arbitration equally (other than each parties' own expenses incurred in presenting its position during the arbitration proceedings). In the event any dispute is submitted to arbitration, the parties agree to be bound by the results of the arbitration. 12. COOPERATION EFFORT. Each of the parties agrees that it will cooperate fully and in a timely manner to take the actions necessary to facilitate and accomplish the foregoing provisions of this Agreement. 13. EFFECTIVE DATE. This Agreement shall be in full force and effect from and after the date of passage and adoption by the governing body of each party. IN WITNESS WHEREOF, the undersigned Governmental Units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statutes §471.59. V21o4 t V1; V2 to V1; 5/16/96 10 • • HOUSING & REDEVELOPMENT AUTHORITY The HRA consists of five members appointed by the mayor and approved by the city council to serve five year terms. The HRA typically meets during "off' city council meeting weeks /third Thursday of the month from 7 -9 p.m. The HRA has its own operational budget. Its primary responsibility has been to redevelop the downtown and enhance the industrial/commercial businesses in Chanhassen (see attached bylaws). Current members are: Appointed Term Expires Gary Boyle, Chair January 1993 May 1998 Jim Bohn, Vice -Chair June 1979 May 1999 Mike Mason, Secretary September 1992 May 1997 Don Chmiel June 1990 May 1995 (one term) Barbara Murphy May 1996 May 2001 g:\admin \tg\hrasummary.doc BY -LAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF CHANHASSEN, MINNESOTA ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Housing and Redevelopment Authority of Chanhassen, Minnesota." Section 2. Seal of Authority. The seal of the AuthoritY shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authority. The offices of the Authority shall be at City Hall in the City of Chanhassen, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II - OFFICERS Section 1. Officers. officers of Authority shall be a Chairman, a Vice-Chairman, Section 2. Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds, and other instruments made by the Authority. At each meeting, the Chairman shall submit such recommendations and information as he may consider proper concerning the business, affairs and policies of the Authority. orm the Section 3. Vice - Chairman• Vice-Chairman the and duties of the Chairman in the absence or in case of the resignation or death of the Chairman, the Vice - Chairman shall perform such duties as are a enimposed ronnthe Chairman until such time as the Authority shall se Section 4. SecretarY. The SecretarY shall perform the duties of a Secretary for the Authority. Section 5. Executive Director. The Authority shall employ an Executive Director who shall have general supervision over the adminis- tration of its business and affairs, subject to the direction of the AuthoritY. He shall be charged with the management of the housing projects of the Authority. As assistant to the Secretary, the Executive Director in - his own name and title shall keep the records of the Authority, shall act as Secretary of the meetings of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to his office. He shall keep in safe custody the seal of the authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. -1- He shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or banks as the Authority may select. The Treasurer for the Authority shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Authority. Except as otherwise authorized by resolution of the Authority, all such orders and checks shall be counter - signed by the Chairman. He shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or more often when requested), an account of his transactions and also of the financial condition of the Authority. He shall give such bond for the faithful performance of his duties as the Authority may determine. The compensation of the Executive Director shall be determined by the Authority. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the by -laws or rules and regulations of the Authority. Section 7. Election or Appointment. The Chairman, Vice - Chairman and Secretary shall be elected at the annual meeting of the Authority from among the Commissioners of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Executive Director shall be appointed by the Authority. Any person appointed to fill the office of Executive Director, or any vacancy therein, shall have such term as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office. Section 8. Vacancies. Should the office of Chairman, Vice - Chairman or Secretary become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of Executive Director becomes vacant, the Authority shall appoint a successor, as aforesaid. Section 9. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the Municipal Housing and Redevelopment Law of Minnesota applicable thereto. The selection and compensation of such personnel (including the Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. -2- tb ARTICLE III - MEETINGS Section 1. Annual Meeting. The annual meeting of the Authority shall be held on the 3rd Thursday of June at Chanhassen City Hall, the regular meeting place of the Authority, at 7:30 o'clock P.M. In the event such date shall fall on a legal holiday, the annual meeting shall be held on the next succeeding secular day. Section 2. Regular Meetings. Monthly meetings shall be held without notice at the regular meeting place of the Authority on the 3rd Thursday of each month, at 7:30 o'clock P.M., unless the same shall be a legal holiday, in which event said meeting shall be held on the next succeeding secular day. Section 3. Special Meetings. Special meetings of the Authority may be called by the Chairman, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. At such special meeting, no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted at such special meeting. Section 4. Quorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present. Section 5. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll call. 2. Reading and approval of the minutes of the previous meeting. 3. Bills and communications. 4. Report of the Executive Director. 5. Reports of Committees. 6. Unfinished business. 7. New business. 8. Adjournment. All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. -3- t - ARTICLE IV - AMENDMENTS Amendments to By -Laws. The by -laws of the Authority shall be amended only with the approval of at least three of the members of the Authority at a regular or a special meeting. i • The undersigned, Donald W. Ashworth, Executive Director of the Housing and Redevelopment Authority of Chanhassen, Minnesota, hereby certifies that the foregoing by -laws were adopted as the complete by -laws of said Authority at a duly called meeting of the Commissioners of said Authority on the 14th day of Nov? x, 1978. Id 1% 0 (ZeC Dona W. Ashworth Executive Director The undersigned, Scott A. Martin, Executive Director of the Housing and Redevelopment Authority of Chanhassen, Minnesota, hereby certifies that the foregoing by -laws were amended as to Section 2, Regular Meetings at a duly called meeting of the Commissioners of said Authority on the 21st day of May, 1981. Scott A. artin Executive Director -4- PARK TASK FORCE Meets the 2 and 4 Thursdays through April 1997 Members are interested in preserving open space, trail and park development and the overall quality of life in Chanhassen. The Task Force is comprised of eleven members to include: • Mayor or City Council member • Park & Recreation Commission member • Planning Commission member • Chamber of Commerce Representative • Six at -large resident members —two from each of three geographic regions PARK & RECREATION COMMISSION Meets the 4 Tuesday of each month. Work sessions are randomly scheduled on the second Tuesday of the month. Provide recommendations and advice to the city council in matters pertaining to parks, recreation and leisure services and to cooperate with other groups in advancing sound recreation and park planning and programs throughout the community. Must be a resident with an interest in serving. COMMUNITY LEADERS —ISD U2 " Information forthcoming from Greg Shank. G: \park \th \comsummary.doc f - .- 4 CITY OF iti CHANHASSEN _,, , 0 .,,, 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Mayor Nancy Mancino FROM: Scott Harr, Public Safety Director DATE: January 2, 1997 SUBJ: Public Safety Commission The Public Safety Commission, made up of seven members, (one of which is a City Councilmember), meets the second Thursday of each month at 7:00 p.m. The attached section of the Chanhassen City Code sets forth the official makeup and goals of the Commission, which I can narrow to: Evaluating and providing recommendations regarding the delivery of public safety services in Chanhassen. This includes hearing monthly reports regarding: the police contract; fire department; crime prevention; building inspections; and, all other aspects of the Public Safety Department. Occasionally public hearings are scheduled, which have included the need for weather sirens in the city; hunting boundaries; gambling issues; and, liquor control issues. I am very pleased of the makeup of this Commission, which includes: Greg Weber, Chair, resident, Sgt. with Eden Prairie Police Steve Labatt, Alternate Chair, resident, Deputy with the Hennepin County Sheriff's Dept. Eldon Berkland, Paramedic with Healthspan East Brian Beniek, resident, Member of Chanhassen Fire Department & Plymouth Police Officer Bill Bernhjelm, resident, Chief of Police for City of Edina Jim Sloss. resident, Maintenance Supervisor with Richfield Public Schools If you have any further questions, please contact me. SH:cd g:lsafery\sh \mancino2 • z ADMINISTRATION § 2 -69 Secs. 2- 57 -2 -65. Reserved. DIVISION 3. PUBLIC SAFETY COMMISSIONS* Sec. 2 -66. Definitions. In this division "police agency" means the Carver County sheriffs department or such other law enforcement agency designated by the city council to provide regular public safety services to the city. (Ord. No. 70 -B, § 1.01, 10 -1 -84) Sec. 2 -67. Established. A public safety commission is established. (Ord. No. 70 -B, § 1.01, 10 -1 -84) Sec. 2 -68. Members. (a) The public safety commission shall consist of seven (7) voting members. One (1) of the members shall be appointed by the city council from among its own members. The other members shall be residents of the city who are neither city officials, employees of the city or employees of the police agency. (b) The term of the councilmember of the commission shall be three (3) years, or such shorter period of time as may coincide with the councilmember's term of office as a member of the city council. (c) Commission members shall hold office until their successors have been appointed and qualified. Each vacancy in an unexpired term shall be filled in the same manner in which the original appointment was made. (Ord. No. 70 -B, § 3.02, 10 -1 -84; Ord. No. 166, § 1, 4- 27 -92) Sec. 2 -69. Organization meetings and finances. (a) The public safety commission, shall elect a chair and acting chair from among its members for a term of one (1) year. The chair shall preside at all meetings of the commission and at each meeting, the chair shall submit such recommendations and information as the chair may consider proper concerning the business, affairs and policies of the commission. The city manager or the city manager's designee shall act as secretary to the commission, but shall not be a member. (b) The commission shall hold at least one (1) 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 a public record. tOrd. No. 70-B. § 4.02. 10 -1 -84; Ord. No. 166, § 2, 4- 27 -92) "Cross reference —Fire prevention and protection, Ch. 9. Supp. No. 3 61