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1B-2 Adopt Ord, Ch. 2, CityCodeCITYOF CHANHASSEN 7700 I,,/larke! Boulevard PO Box 147 C!ani~assen Mia 55317 Administration Pix, ne 952 227 1100 Fax: 952 2271110 Building Inspections Pkx,e 9522271180 Fax: 952 227 1190 Engineering Phone 952 227 1160 F~× 9~2 ~27 1170 Finance Phc'ne 9523271 Fax: 9522271110 Park & Recreation Phor~e: 9522271120 Fax 952 227 ! 110 Rec eafi(x~ Oe~ ~er 2310 Coulter BoiJ!evar6 Phone 9522271400 Fax 952227 1404 Planning & Natural Resources Phor/e 9522271130 Fax 952 227 1110 Public Works 1591 Park Road PPone 952 2271300 Fax 952 227 !310 Senior Center Ph,:,,ric: 9522271125 Fax 9522?7 1110 Web Site cha/l assen rqn us MEMORANDUM TO: FROM: DATE: Todd Gerhardt, City Manger Bob Generous, Senior Planner November 24, 2003 SUB& Adoption of Ordinance, Chapter 2, 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 proposed changes to City Code. Our overall intent is to try to make the code easier to understand and use by addressing problems, overlapping code requirements, clarifying ordinance language, procedures or processes, and consolidation. The proposed changes to Chapter 2 have been reviewed previously by the Chanhassen Planning Commission and City Council. SUMMARY This chapter deals with organization matters within the city including establishment of city departments, officers and boards and commissions. Over time, the organization structure and official titles have changed, but the code has not been revised. Staff is proposing these changes be made to correspond to the existing organizational structure. All appointed commission regulations and criteria are being consolidated in this section, including the Park & Recreation Commission from Chapter 14 & Planning Commission from Chapter 15. The only issue that came up as part of the previous discussion about the amendments was whether chairs of the various commissions should have a limitation in their term as chair. However, staff believes that since chairs are elected annually by the members of the commission and commission members are appointed by city council, this issue is self- regulated. Staff believes that these changes are primarily administrative, rather than substantive, in nature and is recommending approval of the amendment. RECOMMENDATION Staff is recommending that the City Council adopt the attached ordinance for Chapter 2 of the Chanhassen City Code; and approve the summary ordinance for publication purposes. ATTACHMENT 1. Ordinance Amending Chapter 2, Chanhassen City Code The City of Chanhassen · ;' growl~/g communily,,;,ritln,3iear~ lakes qLJal '5 sL;ho01s ,,:hirr~ ii ~ :,, ':. ?, ::! ',:, i CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 CHANHASSEN CITY CODE, ADMINISTRATION THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 2-3 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: Unless otherwise provided by city code, Robert's Rules of Order, Newly Revised, Tenth Edition, shall govern the conduct of procedure of all meeting of the city council. Section 2. Section 2-16. Departments and offices established of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: There are established the following city departments and officers: (2) (3) (4) (5) (6) (7) General administration, which shall include the city clerk/manager; Department of park and recreation which shall include the park and recreation director; Department of finance, which shall include the finance director and an account clerk; Community Development department, which shall include a community development director and a building official; Department of public works which shall include a director of public works/city engineer; Chanhassen Fire Department, which shall include a fire chief; and Such other departments and officers as established by state law or city ordinance. Section 3. Section 2-20. Enforcement of city code of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city manager or city manager's designee, peace officers, part time peace officers, reserve officers, community service officers community development director, building official, public works director, fire inspector officers within their job descriptions or as otherwise authorized by ordinance, are expressly authorized to institute in the name of the city any appropriate actions, civil or criminal, including the issuance of citation in lieu of arrest against a person, firm or corporation who violates any provision of this City Code. Pursuit of one (1) remedy shall not bar or act as a limitation on any other remedy the city may have at law. Section 4. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.01, which shall read as follows: Generally. The Council determines the duties and exercises the powers of administrative boards or commissions. However, the Council may establish boards or commissions as set forth in this Section to investigate subjects or to perform quasi-judicial functions. Additional administrative boards or commissions shall be established as required by law or for the administration of a municipal function jointly shared with another political subdivision. Section 5. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.03, which shall read as follows: Planning Commission. Subd. 1. Commission Established. The Planning Commission is established pursuant to the Minnesota Municipal Planning Act, and has the powers and duties assigned to it by that Act, by this Code, and state law. The Planning Commission is hereby designated the planning agency of the City pursuant to the Municipal Planning Act. Subd. 2. Membership. The Planning Commission consists of seven members appointed in the manner set forth in this subsection. Members of the Commission are appointed by the Council for staggered terms of three years, expiring on March 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Planning Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable, or as required by law or this Code. Subd. 4. Powers and Duties. The Planning Commission shall have the powers and duties allowed under State law, including: (a) To prepare a Comprehensive Plan for the future development of the City that is submitted to the Council for implementation and to recommend amendments of the Plan to the Council from time to time as may be necessary or desirable. (b) To initiate, direct, and review, from time to time, a study of the provisions of the Zoning Code and the subdivision regulations and to report to the Council its advice and recommendations with respect thereto. (c) To study applications and proposals for amendments to the Zoning Code and applications for special permits and to advise the Council of its recommendations thereon. (d) To study preliminary and final plats and to advise the Council of its recommendations thereof. (e) To act in an advisory capacity to the Council in all matters wherein powers are assigned to the Council by state law concerning comprehensive planning, zoning, platting, changes in streets, and other matters of a general planning nature. Subd. 5. Reports. The Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 6. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.05, which shall read as follows: Park and Recreation Commission. Subd. 1. Creation. There is established a Park and Recreation Commission for the City. Subd. 2. Membership. The Park and Recreation Commission consists of seven members appointed in the manner set forth in this subsection. Members of the Commission are appointed by the Council for staggered terms of three years expiring on March 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Park & Recreation Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. Subd. 4. Powers and Duties. The Park and Recreation Commission shall have the following powers and duties: (a) To hold meetings of its members, to consider such matters pertaining to parks and public recreation programs in the City as shall be referred to the Commission by the Council, or as the members of the Commission themselves deem proper. (b) To prepare a comprehensive plan for the future development of the City park and recreation system, to be submitted to the City Council for implementation, and to maintain said plan, and recommend amendments of the plan to the City Council, as may become necessary or desirable. (c) To act in an advisory capacity to the Council in all matters relating to park and recreation in the City. Subd. 5. Reports. The Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 7. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.07, which shall read as follows: Board of Adjustments and Appeals. Pursuant to Minnesota Statutes, Section 462.354, a Board of Adjustments and Appeals is hereby established. The Planning Commission shall serve as the Board of Adjustments and Appeals. Section 8. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.09, which shall read as follows: Environmental Commission. Subd. 1. Commission Established. The Environmental Commission is established 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. Subd. 2. Membership. The Environmental Commission consists of seven members appointed in the manner set forth in this subsection. Members of the Commission are appointed by the Council for staggered terms of three years expiring on March 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Environmental Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. Subd. 4. Powers and Duties. The Environmental Commission has the following powers and duties: (a) The Environmental Cormnission shall serve as an advisory body to the City Council and Planning Commission in addressing the needs of the environment as directed by the City Council. All final decisions are to be made by the City Council. (b) The Environmental Commission will consider and make recommendations at the direction of the City Council regarding environmental issues. (c) The Environmental Commission will make recommendations at the direction of the City Council regarding funding for environmental projects. (d) The Environmental Commission may propose studies to the City Council and make recommendations according to the results. (e) The Environmental Commission will coordinate services with other governmental and private agencies for related issues. Subd. 5. Reports. The Environmental Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 9. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.11, which shall read as follows: Senior Commission. Subd. 1. Commission Established. The Senior Commission serves as an advisory body to the City Council in addressing the special needs of people over age 55 living in Chanhassen. They 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 center and senior housing, but are not limited to these issues. All final decisions are made by the City Council. Subd. 2. Membership. The Senior Commission consists of seven members appointed in the manner set forth in this subsection. Members of the Commission are appointed by the Council for staggered terms of three years, expiring on March 31st of each year. Subd. 3. Officers; Meetings. The Chairperson and Vice Chairperson of the Senior Commission are appointed by the Commission from among its membership for the term of one year. The Commission shall adopt its own bylaws with the approval of the City Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in its bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. Subd. 4. Powers and Duties. The Senior Commission shall have the following powers and duties: (a) They make recommendations to the City Council regarding funding for special services to be provided for citizens over age 55. (b) They may propose needs studies for this age group where necessary and make recommendations to the City Council based on the results. (c) They coordinate services with other governments and private agencies for this age group. Subd. 5. Reports. The Commission shall make an annual written report to the Council, not later than the last day of March of each calendar year, containing the Commission's recommendations for the ensuing year. Section 10. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.13, which shall read as follows: Public Safety Commission Subd 1. Commission Established. The Public Safety Commission shall assist the city manager, or the city manager's designee, in preparing a work program outlining activities it proposes to undertake Subd. 2. Membership. The Public Safety Commission consists of seven members appointed by the city council, who shall be residents of the city who are neither city officials, employees of the city, nor employees of a police agency. Members of the Commission are appointed by the Council for staggered terms of three years, expiring on March 31st of each year. Subd. 3. Officers; Meetings. (a) The Chairperson and Vice Chairperson of the Public Safety Commission are appointed by the Commission from among its members for a term of one year. The Commission shall adopt its own rules and procedures with the approval of the Council. All members of the Commission may vote on all questions before the Commission. No member of the Commission may vote on any question in which the member has fiduciary interest, either directly or indirectly. The Commission shall determine in their bylaws the date and time of its meetings and shall set such public hearings as are necessary and desirable or as required by law or this Code. (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 shall become public record. Subd. 4. Powers and Duties. The Public Safety Commission shall have the following powers and duties: (a) Needs and prioritization of available public safety personnel hours to best meet those needs; (b) The facilitation of improved city/public safety communications; (c) Make recommendations for changes in the present police services contract rate program and the monitoring of costs of other public safety protection alternatives; (d) The maintenance of statistics (national, state, metro, local); (e) The promotion of public safety and community education programs; (f) The conduct of research for the city council on public safety matters; (g) Meeting with persons concerning public safety matters, grievances and needs. Subd. 5. Reports. The Commission shall make an annual written report to the Council, not later than March 31st of each calendar year, containing the Commission's recommendations for the ensuing year. Section 11. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.15, which shall read as follows: Resignations and Removal from Commissions. Commissioners may resign voluntarily or may be removed from office by a majority vote of the City Council. Vacancies on any advisory board or commission shall be filled by appointment with a majority vote of the City Council. Vacancies shall be announced in the city's official newspaper and posted within City Hall. Applications shall be available at the City Clerk's office and shall be forwarded to the City Council within the time prescribed. Section 12. The City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered 2-46.17, which shall read as follows: Compensation. Commissioners shall serve without compensation. Section 13. Section 2-56 of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: The city economic development authority is authorized to exercise on behalf of the city all of the powers conferred by Minnesota Statures section 462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and program and to issue and sell mortgage revenue bonds for single family housing. Section 14. Chapter 2, Article IV, Division 3 of the City Code, City of Chanhassen, Minnesota, is hereby repealed. Section 15. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this 24th day of November, 2003, by the City Council of the City of Chanhassen, Minnesota Todd Gerhardt, City Manager Thomas A. Furlong, Mayor (Published in the Chanhassen Villager on ) CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA SUMMARY OF ORDINANCE NO. __., AN ORDINANCE AMENDING CHAPTER 2 OF THE CHANHASSEN CITY CODE ADMINISTRATION. The purpose of this code amendment is to specify Robert's Rules of Order, Newly Revised, Tenth Edition as the procedural guide for heatings, update the city's organizational structure and consolidate and provide uniform standards for all the commissions. 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 .).