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CHANHASSEN
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MEMORANDUM
TO:
Todd Gerhardt, City Manger
FROM:
DATE:
Bob Generous, Senior Planner
December 8, 2003
SUB J:
Adoption of Ordinance, Chapter 9, Chanhassen City Code, Fire
Prevention and Protection; 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 in the code, overlapping code requirements, clarifying
ordinance language, procedures or processes and consolidating the City Code.
The proposed changes to Chapter 9 have been reviewed previously by the
Chanhassen Planning Commission and City Council.
SUMMARY
This chapter deals with the operation of the city fire department. Municipal
Code Corporation is recommending language to clarify the code. Additional
changes regard correct statute and code citations.
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 9 of the Chanhassen City Code; and approve the summary ordinance for
publication purposes.
ATTACHMENT
1. Ordinance Amending Chapter 9, Chanhassen City Code
The City of Chanhassen · A q'o,,,'l ,g ,:r,n FIU[ 11~ ,',!fi1:4 i }i~:~: LI.; ', S, ~C(, :: rr,, ; · ,
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 9
CHANHASSEN CITY CODE,
FIRE PREVENTION AND PROTECTION
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 9, Article I, Section 9-1 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 2. The title of Chapter 9, Article II of the City Code, City of Chanhassen,
Minnesota, is hereby amended to read as follows:
FIRE DEPARTMENT
Section 3. Section 9-19 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
A board of fire officers shall be established to help the fire chief carry out the fire
department's mission and at the request of the request of the fire chief, assist the fire
chief in the formulation of selected policy matters. The board shall act as final board of
review for selected issues relating to the fire department.
Section 4. Section 9-20 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) The fire chief of the city fire department shall have general supervision of the fire
department.
(b) The fire chief shall be elected by the members of the fire department. This elected
member shall be considered the fire department's nomination for the position of fire
chief and shall be submitted to the city manager or city manager's designee as the fire
department's recommended candidate for the position of fire chief. The city manager
of city manager's designee shall forward the fire deparment's recommendation to the
city council for review and final appointment as fire chief. The fire department's
election of fire chief is understood not to be effective until such time as the city
council, by resolution, approves such election.
(c) The election of the fire chief shall be for a period of two (2) years.
(d) The fire chief shall serve as the head of the city fire department board of fire officers.
(e) It shall be the duty and responsibility of the fire chief to report personally to the city
manager of the city manager's designee. Such meetings shall include but not be
limited to:
(1) Fire department status.
(2) Budget Review.
(3) Current membership levels, needs, and problems.
(4) Past quarter activity.
(f) The fire chief may be removed by the city manager for good and sufficient cause.
Such dismissal must be submitted to the city council for review and final decision.
(g) The fire chief shall be required to serve as a member of the city's public safety
commission. The fire chief, of the fire chief's designated representative in the event
the fire chief is unable to attend, shall attend monthly meetings of that commission.
Section 5. Section 9-24 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Firefighter's relief association.
The members of the fire department shall organize and incorporate a firefighter's relief
association in accordance with law. It shall be known as the "Chanhassen Firefighter's
Relief Association."
Section 6. Section 9-25 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The city acknowledges the need and desire to establish and maintain the city fire
department rescue squad and such rescue squad is established and confirmed.
Section 7. Section 9-26 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
It shall be the responsibility of the city to provide adequate buildings, equipment, and
supplies for the fire department to efficiently and effectively carry out its responsibilities
in providing for fire protection services to the city and its citizens. The fire department
shall maintain custody of said buildings, equipment and supplies. The board of fire
officers shall be responsible to maintain inventory lists of buildings/equipment for which
they have custody, such list reflecting the description, value, condition, and other
information deemed necessary. The fire department shall notify the city of equipment
needs and changes in state and federal laws making equipment obsolete or requiring
upgrading. All buildings and equipment, not specifically identified as being under the
ownership of the fire department, are owned by the city. The fire department shall
establish reasonable policy statements, approved by the city, guiding the usage of such
buildings/equipment by the city or its residents, when such usage does not interfere with
operating the fire department or produce an unreasonable risk for damage of same.
Section 8. Section 9-41 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Any person violating any provision of this article or of any other code or standards
adopted in this article, or any order made pursuant thereto shall be guilty of a
misdemeanor.
Section 9. Section 9-42 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Whenever any part of this article conflicts with the Minnesota State Building Code, or are
less restrictive than the Minnesota State Fire Code, the Minnesota State Building Code
and the Minnesota State Fire Code, whichever is applicable, shall prevail.
Section 10. Section 9-43 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
The 2003 Minnesota State Fire Code is adopted by reference.
Section 11. Chapter 9, Article III, Section 9-45 of the City Code, City of Chanhassen,
Minnesota, is hereby repealed.
Section 12. Section 9-46 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
Appeals
(a) Whenever the fire marshal shall disapprove or refuse to grant a permit, or issue an
order or notice as provided in the Minnesota State Fire Code, or when it is claimed that
the Minnesota State Fire Code has been wrongly applied or interpreted, the aggrieved
person may appeal the decision of the fire marshal as provided in this section.
(b) The aggrieved person must first request the fire marshal to reconsider his decision.
The request to reconsider must be made within ten (10) days from the date of the fire
marshal's initial decision.
(c) A person aggrieved by the final decision of the fire marshal may appeal the decision
to the city manager. The appeal to the city manager must be made within thirty (30) days
from the date of the final action of the fire marshal.
(d) A person aggrieved by the decision of the city manager may appeal to the city
council. The appeal to the city council must be made within thirty (30) days from the
date of the decision of the city manager.
(e) A person aggrieved by the decision of the city council may appeal to the state fire
marshal in accordance with Minnesota Statute section 299F.011, subdivisions 5 and 5b.
(f) All requests and appeals specified in this section shall be made in writing. An
aggrieved party who does not appeal within the time limits specified shall be deemed to
have waived his fight to appeal and shall be bound by the latest decision in the appeal
process.
Section 13. Section 9-47 of the City Code, City of Chanhassen, Minnesota, is hereby
repealed.
Section 14. Section 9-48 of the City Code, City of Chanhassen, Minnesota, is hereby
amended to read as follows:
(a) All single-container installations with a total water storage capacity of two
thousand one (2,001) gallons or greater, or where the aggregate of interconnected
containers is greater than two thousand one (2,001) gallons shall be protected by one (1)
or more of the following methods:
(1) Buried in an approved manner.
(2) Mounded in an approved manner.
(3) Protected by an approved water application system.
(4) Protected by other approved means.
Section 15. Section 9-49 of the City Code, City of Chanhassen, Minnesota, is hereby
repealed.
Section 16. Section 9-71 of the City Code, City of Chanhassen, Minnesota, is hereby
repealed.
Section 17. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 8th day of December, 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 9 OF THE CHANHASSEN CITY CODE
FIRE PREVENTION AND PROTECTION.
The purpose of this code amendment is to implement the Minnesota State Fire Code
and cite the correct codes and statutes.
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 8th day of
December 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