C Term Limits/Commissioners
CITY OF
.CHANHASSEN
7700 Ma~et Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Pt1one:952.227.11oo
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
\ Recreation Center
2310 Couller Boulevard
Phone: 951.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 951.217.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 951.227.1110
WebSile
W'N'N.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Mayor and City Council
FROM:
Todd Gerhardt, City Manager
DATE:
May 21,2002
SUBJ:
Tenn Limits for Commissions
As the City Council was going through their annual re-appointments for
commissions, I received several phone calls from council members frustrated
with the re-appointment process. The only alternative I could come up with
was to limit the commission member's tenns. But after researching the
subject of tenn limits, I found most of the cities found it too fonnal or
restrictive. Additional pro's and con's that I found are as follows:
PRO'S
CON'S
Bring in people with fresh ideas
Too fonnal/limiting
Allow council to "gracefully"
decline re-appointment
Amount of time spent interviewing
and selecting applicants
More people involved/maximize
citizen participation in local
government
Not being able to fill a vacancy when
no one else has applied
.
Slows down important projects while
new members are being trained
A lot of time/energy is spent on
training commission members
Lose expertise and effectiveness of
commission members as they gain
experience
'he Clly 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downlown, Ihriving businesses, winding lrails, and "'auliiul parks. A greal place 10 live, work, and pi".
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RECOMMENDATION
It is my recommendation that the City Council not consider tenn limits for the
city's commissions, but that the City Council have the option/flexibility to
appoint commissioners they feel would best represent the city. Instead of
making a fonnal rule, review length of tenns during the interview process.
We also see a natural turn over, which provides the commissions with new
people with fresh ideas.
This item was placed on the agenda to allow the City Council the opportunity
to discuss this issue. I have also attached infonnation from our City COde
regarding our boards and commissions and Planning Commission bylaws.
ATTACHMENTS
1. Infonnation on Boards and Commissions
2. Planning Commission By-laws
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§ 2-32
CHANHASSEN CITY CODE
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served by public sewer or water, tree farms, nurseries, hobby farms, and property whose
principal use is residential. A dwelling on land that does not qualify for taxation under the
state agricultural property tax law shall be considered urban residential.
(b) The city council finds that as of November 13, 1995, the parcels identified on a list dated
November 13, 1995, entitled "Rural Service Districts" on file with the city clerk are in the rural
service district.
(c) \Vhenever any parcel of land included in the rural service district is platted, in whole or
in part, or whenever application is made for a permit for the construction of a commercial,
industrial or urban residential building or improvement to be situated on such parcel or any
part thereof, or whenever such building or improvement is commenced without a permit, the
council shall make and enter an order by resolution transferring such platted or improved
parcel from the rural service district to the urban service district,
(d) In the judgment ofthe council, the ratio that exists between the benefits resulting from
tax supported municipal service to parcels in the rural service district to parcels in the urban
sen' ice district is sixty (60) percent, plus any municipal property taxes levied for payments of
bonds and judgments, and interest thereon,
(Ord, No, 29, §§ 1-7, 7-1-68; Ord, No, 29A, § 1, 10-1-70; Ord, No, 245, § I, 11-13-95)
Sees. 2·33-2-45, Reserved.
ARTICLE IV. BOARDS AND COMMISSIONS"
DIVISION 1. GENERALLY
Sec. 2-46. Appointment to city committees and commissions.
All vacancies on committees, commissions, and boards shall be advertised to seek appli-
cants. The city council may interview applicants before making appointment. With the
exception of the housing and redevelopment authority, all appointments shall be by majority
vote of the city council. Once appointed, an applicant shall serve until removed, with or
without cause, by a four-fifths vote of the city council, until the expiration of the term of
appointment and following appointment of the applicant's successor. Vacancies during a term
shall be filled for the unexpired portion of the term,
Sees. 2-47-2-55. Reserved.
"Cross references-Board of fire officers, § 9-19; firemen relief association, § 9-24; park
and recreation commission, § 14-16 et seq.; planning commission, § 15-16 et seq.
State law reference-Authority to establish advisory boards and commissions, M.s. §
412,621(2),
60
ADMINISTRATION
§ 2-68
DIVISION 2. HOUSING AND REDEVELOPMENT AUTHORITY'
Sec. 2-56. Authority to adopt housing plan, issue bonds, etc.
The city housing and redevelopment authority is authorized to exercise on behalf of the city
all of the powers conferred by Minnesota Statutes sections 462C.Ol 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,
<Ord. No, 75, 11-7-83)
Sees. 2-57-2-65. Reserved.
DIVISION 3, PUBLIC SAFETY COMMISSIONSt
Sec. 2-66. Definitions.
In this di\"Ìsion "police agency" means the Can'er County sheriffs department or such other
law enforcement agency designated by the city council to provide regular public safety services
to the city.
(Ord. ,",0. 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 be appointed by the city council and consist of seven
(71 voting members who shall be residents of the city who are neither city officials, employees
of the city, or employees of the poJice 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 appointnlent was made.
(Ord, No. 70-B, § 3.02, 10-1-84; Ord. No, 166, § 1, 4-27-92; Ord. No. 268, § 1, 5-12-97)
·State law l'efel'enee-Creation of city housing and redevelopment authority, M,S. §
462.42ii.
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Chapter 14
PARKS AND RECREATION"
Art. I.
Art. II.
Art. 1lI.
Art. Iv.
In General, §§ 14·1-14.15
Park and Recreation Commission, §§ 14-16-14-30
Reserved, §§ 14-31-14-55
Park Rules, §§ 14-56-14-69
ARTICLE I. IN GENERAL
Sees. 14·1-14-15. Reserved.
ARTICLE II. PARK AND RECREATION COJ\1J\11SSIONt
Sec. 14-16. Created.
There is created a park and recreation commission,
(Ord. No, 17, § 1, 1-15-68)
Sec. 14·17. Members.
The park and recreation commission shall consist of seven (7) members sef\~ng terms of
three (3) years each. Members of the commission shall serve without compensation,
(Ord. No. 17, § 1, 1-15-68)
Sec. 14-18. Officers; meetings; rules.
(a) The park and recreation commission shall select from among its memberslùp a
chairman and a vice-chairman. The vice-chairman shall serve as chairman in the absence of
the chairman. Such officers shall be selected at the regular meeting of the commission in
January of each year.
(b) The commission shall adopt rules for the conduct ofits work. The rules shall include the
establishment of a regular time for monthly meetings of the commission, The rules may be
changed, enlarged or amended by majority vote at any regular meeting of the commission.
"Cross references-Boats and waterways, Ch. 6; planning and development, Ch. 15; park
land dedication, § 18-79.
State law references-Authority of city to establish, improve, maintain, etc., parks,
parkways and recreational facilities, and to protect and regulate their use, M,S, §§ 412.491,
429.021(6); authority for city to operate a program of public recreation and playgrounds, M.S.
§ 471.15 et seq.
tCross reference-Boards and commissions generally, § 2-46 et seq.
C::.~n;o 1\,T... Q
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§ 14-19
CHANHASSEN CITY CODE
Sec. 14·19. Functions.
(a) The park and recreation commission shall advise the council on the conduct of a public
recreation program and to that end the commission shall advise the council in providing,
conducting and supervising recreation areas, facilities, services and programs for public
recreation, including such facilities as playgrounds, parks, swimming pools, beaches, camps
and indoor recreation centers either within or without the corporate limits of the city upon
property under the custody and management of the city or upon other public or private
property with the consent of the owners of such property. The commission shall advise the city
in the operation of parks, recreation areas and like facilities now owned or acquired by the city,
and may advise the city to enter into agreements of a cooperative nature with other public and
private agencies, organizations or individuals when, in the judgment of the commission, such
procedure would prove advantageous. The commission shall make recommendations to the
council concerning property acquisitions needed to provide a comprehensive recreation
system.
(b) On or before September 1 of each year, the commission shall render a full report to the
council covering its operation for the preceding twelve (12) months, together with its
recommendations and an estimate of the funds required for its work for the ensuing year. It
shall also render such other regular or special reports, advisory recommendations or make
such investigations as it deems advisable, or as may be requested by the council.
(Ord. No. 17, § 2, 1-15-68)
Sees. 14-20-14-30. Reserved.
ARTICLE III. RESERVED'
Sees. 14-31-14-55. Reserved.
ARTICLE Iv. PARK RULESt
Sec. 14·56. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Driver means every person who drives or is in physical control of a vehicle.
*Editor's note-Section 2 of Ord. No. 198 adopted Feb. 14, 1994, specifically repealed §§
14-31, 14-32, 14-35-14-37, inclusive of the substantive sections of former Art. III, relative to
park acquisition and development fund. Prior to repeal, Art. III consisted of §§ 14-31 and
14-32, derived from Ord. No, 14A, §§ 1, 4.03, adopted May 16, 1977 and Ord. No, 14-B, § 1,
adopted Aug. 6, 1979. Sections 14-33-14-55 were previously reserved.
tCross reference-Operation of snowmobiles in parks, § 12-33(4).
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780
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Chapter 15
PLANNING AND DEVELOPMENT'
Art, 1. In General, n 15-1-15-15
Art. II. Planning Commission, n 15-16-15-19
Art. III. Official Maps, n 15-20-15-31
ARTICLE 1. IN GENERAL
Sees. 15-1-15-15. Reserved.
ARTICLE II. PLANNING COMMISSIONt
Sec. 15-16. Established.
There is established a city planning commission,
lOrd. !','o, 28A, § 1,3·15·82)
State law reference-Authority to create planning commission, M,8, §,462,354, subd, 1.
Sec. 15·17. Members.
The city planning commis,ion shall consist of se\"en (71 \'oting members appointed by the
city council for terms of three (3) years each and until their successors are appointed and
quaJified.
(Ord, No 28A, §§ 2,01,2,02,3-15·82)
Sec. 15·18. Officers and meetings.
(a) The city planning commission shall elect a chairman from among its appointed
members for a term of one (1) year. The commission may create and fill such other offices, and
subcommittees as it may determine, The city manager or his designee shall act as secretary of
the commission, but shall not be a member.
.
(b) The commission shall hold regular meetings as specified in its rules for the transac.
tion of business. It shall adopt rules for the transaction of business and shall keep a record of
its resolutions, transactions, and findings, which record shall be a public record.
(Ord. No. 28A, 1111 3.01, 3.02, 3.15-82)
'Cross references-Housing and redevelopment authority, 1\ 2-56 et seq,; boats and
waterways, Ch, 6; shooting ranges, II 11-3; neighborhood park acquisition and improvement, II
14·31 et seq,; subdivisions, Ch. 18; zoning, Ch. 20.
State law reference-Municipal planning, M.S. II 462.351 et seq.
tCross reference-Boards and commissions generally, II 2-46 et seq.
Supp, No.2
U'-'.,
§ 15-19
CHANHASSEN CITY CODE
Sec. 15-19. Functions.
ta J The city planning commission sha1l be the city planning agency and shall be 'advisory
to the city council, except as othe¡' powers and duties are imposed on it b)' state law or by other
ordinanC'es.
(h, The commission shall exercise such powers and perform such other duties as are
imposed on it by state law or city ordinance, including without limitation the recommendation
of programs for the coordination of normal public improvements, services of the municipalit).,
the recommendation of programs of urban renewal, and recommendation of programs of
capital improvements.
(cl The commission sha1l annua1ly prepare a program of work, outlining activities it
proposes to undertake during the ensuing year, The commission may, by resolution, revise its
program of work from time to time.
<Ord, No, 28A, §§ 1,4,11,3-15-82.1
State law reference-Powers of pJanning commission, M.S, § 462,351 et seq,
ARTICLE III. OFFICIAL MAPS.
Sec. 15-20. Purpose.
Land that is needed for future street purposes and as sites for other necessary public
faci1ities and services is frequently diverted to nonpublic uses which would have been located
on other lands without hardship or inconvenience to the owners. \\'hen this happens, public
uses of land may be denied or may be obtained only at prohibitive cost or at the expense of
dislocating the owners and occupants of the land, Identification on an official map of land
needed for future public uses permits both the public and private property owners to adjust
their building plans equitably and conveniently before investments are made which wi!!
make such adjustments difficult to accomplish. It is the purpose of this article to provide a
uniform procedure for the proper use of official maps as authorized by the Minnesota Munici.
pal Planning Act, Minnesota Statutes, sections 462.351 to 462.36,
(Ord. No, 104, § 1,5-22-89)
Sec. 15-21. Official map defined.
"Official map," as used in this article, means a map adopted in accordance with this
article showing existing streets, proposed future streets, and the area needed for widening of
existing streets of the city. An official map may also show the location of existing and future
land and facilities within the city. An official map may cover the entire city or any portion of
the city.
(Ord. No. 104, § 1,5.22-89)
·Cross re(erenees-Ðuildings and building regulations, Ch. 7; parks and recreation, Ch.
14; streets and sidewalks, Ch. 17; subdivisions, Ch. 18; municipal water supply and distribu.
tion system, § 19·16 et seq.; municipal sanitary disposal and treatment systems, § 19-41 et
seq.; zoning, Ch, 20; amendment of zoning map. § 20-41; zoning map, § 20-202.
Supp. No, 2
840
BYLAWS
PLANNING COMMISSION
CITY OF CHANHASSEN
The following bylaws are adopted by the City Planning Commission to facilitate the perfonnance
of its duties and the exercising of its functions as a commission established by the City Council
on June 17, 1968 and pursuant to the provision of Subdivision 1, Section 462.354 Minnesota
State Statutes annotated.
SECTTON 1 - DTITTF.S AND RESPONSffirr ITTF.S - PT ANNTNG rOMMTSSTON'
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, estab]ish special subcommittees
comprised solely of their own members.
SF.C'TTON? _ MF.RTTNnS·
2.1- Time
Regular meetings of the Commission shall be held on the first and third Tuesday of each month
at 7:00 p.m. at the City Council Chambers, 690 City Center Drive, unless otherwise directed by
the Chairperson. in which case at least 24 hours notice will be given to all members. Regular
rneetings 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 attendan.ce requirements shall be cause for removal from the commission by action of
the City Council.
SRrTTON 1 - C'OMMT<;;STON C'OMPO<;;ITTON TERMS A NT) V AC'ANC'TFS'
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 - Tenns and Vacancies
The council shall appoint seven members to the commission for tenns of three (3) years.
Vacancies during the tenn shall be filled by the council for the unexpired portion of the tenn.
Every appointed member shall, before entering upon the charge of hislher 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.
SFC'TTON 4 - ORGANTZATTON'
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. Each member shall cast its vote for the member he wishes to be chosen for
Chairperson. If no one receives a majority, voting 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.
SFC'TTON'i. PROC'FDTJRF:
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.
SFC'TTON fi - PURT IC' HFA RTNGS'
6.1 - Purpose of Hearings
The purpose of a hearing is to collect infonnation 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 infonnation 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 infonnation 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 infonnation 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 infonn 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.
SECTTON 7 - MT<::rF.T T ANF.OTT<::.
7.1 - Planning Commission Discussion
a. Matters for discussion which do not appear on the agenda may be considered and
discussed by the commission under the On-going items section.
4
,
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.
Chairperson:
/J1¿4-fr7, / ~ JäCk£71)2~
Date:
/°!z)2{)D I
Updated 9/l/0J