1g Ord. Amend -State Citations
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MEMORANDUM
CITY OF
CHANHASSEN
TO:
Todd Gerhardt, City Manger
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
FROM:
Bob Generous, Senior Planner
DATE:
May 9, 2005
Administration
Phone 952.227.1100
Fax 952.227.1110
SUBJ:
Adoption of Ordinance, Amending Chapters 1, 10, 13, 18 and 19,
Chanhassen City Code, correcting state citations.
Building Inspections
Phone 952.227.1180
Fax: 952.227.1190
ACTION REQUIRED
Engineering
Phone 952.227.1160
Fax 952.227.1170
A simple majority vote of City Council members present is required to adopt the
amendment.
Finance
Phone: 952.227.1140
Fax: 952.227.1110
BACKGROUND
Park & Recreation
Phone 952.227.1120
Fax: 952.227.1110
As part of the re-publication of the City Code, Municipal Code Corporation
performed an analysis of state law references within the code. They found legal
issues with some of the references. We then submitted the memorandum of
analysis to the city attorney for review and comment. He recommended that we
correct the citations.
Recreation Center
2310 Coulter Boulevard
Phone 952.227.1400
Fax 952.227.1404
SUMMARY
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Staff is recommending approval of the amendment ordinance correcting state
citations references.
RECOMMENDA TION
Public Works
1591 Park Road
Phone 952.227.1300
Fax: 952.227.1310
Staff is recommending that the City Council adopt the attached ordinance
amending Chapters 1, 10, 13, 18 and 19 of the Chanhassen City Code.
Senior Center
Phone 952.227.1125
Fax 952.227.1110
ATTACHMENT
1. Ordinance Amending Chapters 1, 10, 13, 18 and 19, Chanhassen City
Code
2. Memorandum of Analysis
Web Site
www.ci.chanhassen.mn.us
g:\plan\bg\city code\cc memo correcting state citations.doc
The City 01 Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Memorandum of Analysis
Client: Chanhassen MN (14048)
The following legal issues were identified during the update of state law references
January 20, 2005.
Sec. 1-2 Definition of "alternate system" refers to Minnesota Rule 7080.0910
subpart 3 (19) is obsolete. Rule was replaced by 24 SR 426.
Sec 1-2 Definition of "vehicle". The reference to MS § 168.011 is obsolete in that <
the term "vehicle" is not defined in such statute. The reference to § 169.01, however, is
still valid.
Sec 10-228(10) The reference to MS § 609.20, as one ofa series of §§ that prohibit -
sexual conduct is incorrect as such statute deals with manslaughter in the first degree. It
is unclear as to which statute section was intended to be referenced.
Sec 13-21, Definition of "vehicle". Same problem and comments as to definition of
such word in § 1-2 definition of "vehicle".
Sec 13-29 The internal reference to MS §§ 18.22 and 18.023 are obsolete; such
statutes have been repealed. However, the current location, if any, of statutes relating to
this subject matter is unclear.
See 18-61(d)(2)(9). The internal reference to MS VV 18.44 - 18.61, the Plant Pest Act
are obsolete. Such statutes have been repealed. The current location of such statute is
MS § 18ROl et seq.
Sec 19-67(a)(9)(a) The internal reference to "7080.0400" is obsolete.. Such rule has
been repealed. The current location of such a rule is unclear.
Sec 20-417 The third line should include the words "Wetland Conservation Act of
1991 (MS § 103F.612 et. Seq.)
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTERS 1, 10, 13, 18, 19
OF THE CHANHASSEN CITY CODE
CORRECTING STATE CITATION REFERENCES
THE CITY COUNCil.. OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Chapter 1, Section 1-2 of the Chanhassen City Code is amended to define
"alternate system" as follows:
Alternate system shall mean an individual sewage treatment system employing
methods and devices presented in Minnesota Rule Chapter 7080.0172.
SECTION 2. Chapter 1, Section 1-2 of the Chanhassen City Code is amended to delete
reference to M.S. § 168.011 in the definition of "vehicle" to read as follows:
Vehicle means any machine as defined under M.S. § 169.01 and includes any
bicycle, gocart, minibike, motorcycle, snowmobile, trailer, recreational vehicle, all
terrain vehicles or self-propelled instruments which carry or may carry an occupant
or occupants upon land or water. "Vehicle" includes every device in, upon, or by
which any person or property is or may be transported or drawn upon a highway
except devices moved exclusively upon stationary rails or tracts. (13) (14)
SECTION 3. Chapter 10, Section 10-228 (10) of the Chanhassen City Code is amended to
delete reference to M.S. § 609.20 to read as follows:
(10) Minnesota Statutes §§ 609.342, 609.343, 609.344, 609.345, and 609.3451
which prohibit criminal sexual conduct.
SECTION 4. Chapter 13, Section 13-21 of the Chanhassen City Code is amended to delete
reference to M.S. § 168.011 in the definition of "vehicle" to read as follows:
Vehicle means any machine as defined under M.S. § 169.01, and includes
snowmobiles and trailers.
SECTION 5. Chapter 13, Section 13-29 of the Chanhassen City Code is amended to read
as follows:
It is the intention of the city council to conduct a program of plant pest control
pursuant to the authority granted by M.S. § 180.16. This program is directed
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specifically at the control and elimination of Dutch Elm disease fungus and elm bark
beetles and Oak Wilt fungus and is undertaken at the recommendation of the
commissioner of agriculture. The City forester shall act as coordinator between the
commissioner of agriculture and the city in the conduct of this program.
SECTION 6. Chapter 18, Section 18-61(d)(2)(a) last paragraph, of the Chanhassen City
Code is amended to read as follows:
The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one tree shall be deemed to provide 1,089 square feet of
required canopy coverage;
2. Trees must be from the approved list of desirable species (preference given for
trees designated as native);
3. No more than one-third of the trees may be from anyone tree species;
4. Trees shall average at least two-and-one-half-inch caliper and may be a
minimum of one-and-one-half-inch caliper;
5. Not less than 20 percent of the trees shall be conifers;
6. Conifer trees shall average seven feet and shall be a minimum of six feet in
height;
7. Plant materials used for the reforestation shall be of a similar species as
vegetation found on site;
8. Trees shall be used that are appropriate to the soil conditions found on site; and
9. Trees shall be from certified nursery stock as defined and controlled by M.S. §
18H.02.
SECTION 7. Chapter 19, Section 19-67(a)(9)(a) of the Chanhassen City Code is amended
to read as follows:
When a standard system, as defined in Minnesota Rules Chapter 7080.0065 to
7080.0170 and 7080.0600, cannot be installed.
SECTION 8. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this
Chanhassen, Minnesota.
day of
, 2005, by the City Council of the City of
ATTEST:
Todd Gerhardt, City Manager
Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on
, 200_).
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