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1B-1 City Code Amend., Ch. 1CITYOF CHANHASSEN 7700 Market B,guie~,a d ?0 Box 147 ,Shanhasse,~ bin 55317 Administration Phane: 952227 1100 Fa,< 952 227 110 Building Inspections P!/c:fle 952 227 !180 Fax: 952 2271190 Engineering Phone 952 227 1160 Fax 952 227 1170 Finance Phof~8 (~c' ' ' 9,2 227 1140 Fa~: 952 2271110 Park & Recreation P',or e: 952227 1!20 Fax 952227 1110 '~ecreatia ! Center 2310 Cou ;er BOLa evard Phor!a 952 2271400 Fax 952 2271404 Planning & Natural Resources Pt ',in,: 952227 1130 Fax 952 227 i110 Public Works 1591 Park Road Phc'ae 952 227 1300 Fa;,< 9522271310 Senior Center Phor/~3: 9,~,~ 22¢ 1123 Fa:,< %22271110 Web Site MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manger Bob Generous, Senior Planner November 24, 2003 SUB J: Adoption of Ordinance, Chapter 1, Chanhassen City Code, General Provisions; Approval of Summary Ordinance for Publication Purposes ACTION REQUIRED A simple majority vote of City Council members present is required to adopt the amendment; however, a 4/5ths vote is required for approval of the summary ordinance for publication purposes. BACKGROUND Over the past two years, the city has been reviewing draft amendments to the code. Our overall intent is to try to make the code easier to understand and use by addressing problems in the code, overlapping code requirements, clarifying ordinance provisions, procedures or processes, and consolidating the city code into appropriate chapters. City Council and the Planning Commission have previously reviewed the draft amendments to Chapter 1. Based on these reviews, no issues were raised with the proposed amendments. SUMMARY The proposed amendments state that catch lines are intended as mere catchwords to indicate the contents of the section, not as legal titles; and code shall not be invalid by reason of deficiency in any such catch line. The amendment addresses limitations to separate code language or provisions. The Municipal Code Corporation also provided a consistent format for amendments to the code. Staff believes that the proposed amendments are administrative in nature and is recommending approval of the amendments. RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance for Chapter 1 of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 1, Chanhassen City Code CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 1 CHANHASSEN CITY CODE, GENERAL PROVISIONS THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 1-4 is amended as follows: The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section. Catchlines shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division. The history notes appearing in parentheses after sections in this Code are not intended to have legal effect but are merely intended to indicate the source of matter contained in the sections. The editor's notes, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code. Section 2. Section 1-6 is amended as follows: Nothing in this Code or the ordinance adopting this Code shall affect any ordinance: (1) (2) (3) (4) (5) (6) (7) Promising or guaranteeing the payment of money by or to the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; Appropriating funds or establishing or relating to the annual budget; Imposing taxes which are not inconsistent with this Code; Establishing positions, classifying employees or setting salaries; Granting a franchise; Dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way; Establishing or prescribing street grades; (8) Providing for local improvements and assessing taxes therefor; (9) Prescribing through streets, parking prohibitions, parking limitations, one-way streets, speed limits, load limits or loading zones not inconsistent with this Code; (10) Dedicating, accepting or rejecting any plat or subdivision; (11) Annexing or deannexing property; (12) Providing for a survival plan or relating to civil defense or civil defense emergencies; (13) Rezoning specific property. (14) Whose purpose has been accomplished; (15) Which is special although permanent in effect; (16) Which is temporary although general in effect; and all such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length herein. Section 3. Section 1-9 is amended as follows: Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this Code the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be a misdemeanor punishable to the maximum extent authorized in M.S. {}412.231, as modified by M.S. § 609.034. Each day of any violation continues is a separate offense. Section 4. Section 1-10 is amended as follows: It is declared to be the intent of the city council that if any section, subsection, sentence, clause, phrase or portion of this Code or any ordinance is held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code or any ordinance, and it shall be construed to have been the legislative intent to pass this Code or the ordinance without the unconstitutional, invalid or inoperative part therein, and the remainder of this Code or the ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. If this Code or any ordinance or provision thereof is held inapplicable to any person, group of persons, property of kind of property, or circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstance. Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 1-10.5, which shall read as follows: Amendments to Code Any and all additions and amendments to this Code, when passed in such a form as to indicated the intention of the city council to make such additions or amendments a part of this Code, shall be deemed to be incorporated in this Code so that reference to the Code shall be understood and intended to include such additions and amendments. All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section, subdivision, paragraph or any portion thereof, such repealed portions may be excluded from the Code by the omission thereof from reprinted pages. Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "The section of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: .... "The new provisions shall be then set out in full. If a new section not then existing in the Code is added, the following language may be used: "That the City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered , which shall read as follows: ...."The new section may then be set out in full. All chapters, sections, subdivision, paragraphs or provisions desired to be repealed must be specifically repealed by chapter, section, subdivision or paragraph number, as the case may be. Section 6. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this day of City Council of the City of Chanhassen, Minnesota ,2003, bythe Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on .) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNT[ES, MINNESOTA SUMMARY OF ORDINANCE NO. __, AN ORDINANCE AMENDING CHAPTER 1 OF THE CHANHASSEN CITY CODE GENERAL PROVISIONS. The purpose of this code amendment is to clarify the use and meanings of catchlines, explain the inseverability limitations of the code, and provide a consistent format for the adoption of amendments to the Chanhassen City Code. A printed copy of Ordinance No. __ is available for inspection by any person during regular office hours at the office of the City Manager/Clerk. PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 24th day of November 2003, by the City Council of the City of Chanhassen. CITY OF CHANHASSEN BY: Thomas A. Furlong, Mayor AND Todd Gerhardt, City Manager/Clerk (Published in the Chanhassen Villager on ).