HomeMy WebLinkAboutOrdinance - 33-99 - Amending City Code Chapter 2, Relating to Boards & Commissions - 09/21/1999 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO.33-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA ADOPTING CITY
CODE SECTIONS 2.22, 2.23 AND 2.24; RENUMBERING AND AMENDING SECTIONS
2.11,2.14,2.17 AND 2.19;AND REPEALING SECTIONS 2.10,2.15,2.16,2.18,2.20 AND 2.21
RELATING TO BOARDS AND COMMISSIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,,NIINNESOTA, ORDAINS:
Section 1.City Code Section 2.22 entitled,`Boards and Commissions"is adopted as follows:
SECTION 2.22 BOARDS AND COMMISSIONS
Subd. 1. Generally.Except as otherwise provided with respect to a Board or Commission,
the provisions of this Section shall apply to all Boards and Commissions provided in this
Chapter 2.
Subd.2. Membership.Members shall be appointed by the Council who shall serve at the
pleasure of the Council.Members shall be residents of the City.No member of the Council
shall serve as a member.
Subd.3. Terms of Appointment. The terms ofinembers shall be for aperiod ofthree years
each,provided however,in order to avoid the expiration of the terms of all members on the
same date,the term of each member appointed may be established and stated at the time of
the appointment so that an equal or approximately equal number of terms of members shall
expire each year after the initial appointment of members and thereafter. Terms shall
commence April 1 and shall continue for the terms appointed and until the member's
successor has been appointed and qualified.The Council may,but need not,appoint a person
for the unexpired portion of the term of a member whose membership has become vacant.
No person may be appointed to more than two (2) full consecutive terms, except by
unanimous vote of the Council.
Subd. 4. Vacancies and Removal of Members.
A. Vacancies: Membership shall become vacant upon the occurrence of any of the
following:
1. Death.The death of a member.
2. Disability. A determination by the Council that the member's physical or
mental disability renders the member incapable of service.
3. Resignation. The member's resignation in writing.
4. Absence. A member's absence from three consecutive meetings, unless
excused by action of the Council.
5. Change in Residence. Termination of a Member's residence in the City.
B. Removal from Office.A member may be removed:
1. Upon Petition of a Board or Commission.The Board or Commission,by
a three fifths (3/5's) vote of its members, may petition to the Council to
remove any member when, in its discretion, the best interests of the City
would be served thereby.
2. By the Council. The Council, by a majority vote of all its members, shall
have the authority, in its discretion,to remove any member.
Subd. 5. Officers. The Council shall in March each year choose a chairperson and vice-
chairperson to serve for a period of one year. With the exception of the first chairperson, a
chairperson must have served one year on the Board or Commission before becoming
eligible for appointment as a chairperson. The chairperson or in his/her absence, the vice-
chairperson shall preside at all meetings of the Board or Commission of which such person
is the chairperson or vice-chairperson. In the absence of a chairperson or vice-chairperson,
members of a Board or Commission may appoint an acting chairperson to act during the
absence.
Subd. 6. Meetings.
A. Regular Meetings: The Council shall establish from time to time a schedule of
regular meetings.
B. Special Meetings.Special meetings of a Board or Commission may be called by the
chairperson or any three members of the Board or Commission by a writing filed
with the City Clerk at least three days prior to the date of the meeting.The City Clerk
shall thereupon notify each member of the Board or Commission and give such
further notice as required by law.
Subd. 7. Rules Governing Meetings. The Board or Commission shall be governed by
Robert's Rules of Order,newly revised 1990 edition(9'Edition), and the Minnesota open
meeting law.
Subd. S. Compensation and Expenses.Members of the Board or Commission shall serve
without compensation,but may be reimbursed for out of pocket expenses incurred in the
performance of their duties when such expenses have been authorized by the Council or the
City Manager before they were incurred.
Section 2. City Code Section 2.23 entitled, "Citizen Advisory Commissions"is adopted as
follows:
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SECTION 2.23 CITIZEN ADVISORY COADUSSIONS
Subd. 1. Establishment: The following Citizen Advisory Commissions are hereby
established:
A. Human Rights and Diversity Citizen Advisory Commission
B. Environmental Education Citizen Advisory Commission
C. Arts and Culture Citizen Advisory Commission
D. Parks and Recreation Citizen Advisory Commission
Subd. 2. Duties and Responsibilities. The Citizen Advisory Commissions shall provide
the Community Program Board,City Staff and Council,upon request by the Council or City
Manager or designee, with advice on a continuing, temporary or interim basis on such
subjects and matters as requested. In addition, each Commission may act in an advisory
capacity as provided hereafter:
A. Human Rights and Diversity Citizen Advisory Commission. The Human Rights
and Diversity Citizen Advisory Commission shall act in an advisory capacity on
matters of diversity, civil and human rights, and the Americans with Disabilities Act
("ADA")which may include the following:
1. Enlisting the cooperation of agencies, organizations and individuals in the
community to promote awareness and appreciation of diversity.
2. Reviewing and investigating alleged ADA violations reported to the City via
the ADA Grievance procedures.
3. Working with community volunteers to promote the City's Manifesto and
provide response and support to victims of incidents of bias.
B. Environmental Education Citizen Advisory Commission. The Environmental
Education Citizen Advisory Commission shall act in an advisory capacity on the
management of natural resources and programs that promote environmental
awareness and conservation of resources as supported by the general public which
may include the following:
1. Enlisting the cooperation of organizations and individuals in the community
to promote environmental awareness and conservation ofresources consistent
with the City's Strategic and Comprehensive Plans.
2. Providing input to City Staff in the development of programs and activities
to promote community awareness of the importance of environmental
stewardship.
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3. Providing input to Staff in the development of educational programming for
the Environmental Learning Center, ("ELC").
4. Providing input to Staff on programs and activities to be included in the ELC
budget.
5. Providing input to staff on the management of natural resources.
C. Arts and Culture Citizen Advisory Commission. The Arts and Culture Citizen
Advisory Commission shall act in an advisory capacity on matters pertaining to
cultural,performance and visual art programs and activities supported by the general
public which may include the following:
1. Enlisting the cooperation of organizations and individuals in the community
to promote community awareness and support of performance and visual arts
and cultural activities.
2. Promoting partnerships with art resources throughout the metropolitan area..
3. Providing input to staff on the development of art programs and activities.
4. Providing input to staff on the development of programs that communicate
and preserve the City's cultural heritage.
D. Parks and Recreation Citizen Advisory Commission.The Parks and Recreation
Citizen Advisory Commission shall act in an advisory capacity on matters of leisure
services,recreational programming and development and use of parks and recreation
facilities supported by the general public which may include the following:
1. Enlisting the support of organizations and individuals in providing City parks
and recreation facilities and activities.
2. Providing input to Staff in the promotion of awareness and use of recreation
facilities and activities by community organizations and individuals.
3. Providing input to Staff on park plans including site development and facility
modification and/or location.
4. Providing input to Staff on the prioritization of park projects for use in
developing the City's capital improvement program.
5. Providing input to Staff on park and Recreation facility use.
6. Providing input to Staff on leisure programs and activities.
Subd. 3. Membership.Each Citizen Advisory Commission shall consist of not less than
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five and not more than seven(as established by the Council from time to time)members.
Subd. 4. Officers. Each Commission shall in March each year choose a chairperson and
vice-chairperson to serve for a period of one year.
Subd.5.Regular Meetings.Each Commission shall establish in March each year a schedule
of regular meetings which shall not be less than quarterly nor more than twelve times each
calendar year, one of which shall be held in March.
Section 3. City Code Section 2.24 entitled "Community Program Board" is adopted as
follows:
SECTION 2.24 COMMUNITY PROGRAM BOARD
Subd. 1. Establishment.The Community Program Board(`Board")is hereby established.
Subd. 2. Duties and Responsibilities. Board shall review and advise on City
communications and leisure programs and activities in order to provide balanced
programming reflective of changing demographics within available resources. The Board
shall coordinate efforts of Citizen Advisory Commissions to ensure that all work is
supportive and consistent with the City's Strategic Plan. In fulfilling its responsibilities the
Board may:
A. Coordinate efforts of Citizen Advisory Commissions in support of and consistent
with the City's Strategic Plan.
B. Promote the use of volunteers in support of City programs and services.
C. Provide input to the Council and City Staff on the review and evaluation of City-
sponsored leisure programs and activities.
D. Provide input to the Council and City Staff on City-sponsored communications to
provide for timely and open communication channels to City residents to build
awareness and promote programs and services.
E. Review and report on matters assigned by the Council.
Subd.3. Membership.The Board shall consist of not less than seven(7)and not more than
nine(9)(established by the Council from time to time)members.The members shall include
one (but not more than one) member of each Citizen Advisory Commission. The other
members shall have expertise in public safety,senior services,youth at risk,human services,
education and public relations/communication.
Section 4.City Code Section 2.14 is renumbered 2.25 entitled"Community Planning Board"
and is amended as follows:
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SECTION 2.25 COMMUNITY PLANNING BOARD
Subd. 1. Establishment.The Community Planning Board(`Board")is hereby established.
Subd. 2. Duties and Responsibilities. The Community Planning Board shall have the
following duties and responsibilities:
A. It shall function as the City's Planning Commission and its Planning Agency which
shall have all of the powers and perform all of the duties and responsibilities (of a
Planning Commission and Planning Agency)as provided by law and the Code.With
respect to its duties and responsibilities as a Planning Commission and Planning
Agency, it shall be advisory to the Council except as other powers and duties are
imposed on it by law.
B. Review and recommend additions to or modifications of park,trail, and leisure uses
of land.
C. Perform other duties which the Council may assign to it.
Subd.3. Membership.The Community Planning Board shall consist of not less than seven
(7) and not more than nine(9) (as established by the Council from time to time)members.
The members shall include one person(but not more than one and not the same person)who
shall have experience in each of one of the following: heritage preservation,transportation,
environment,housing or leisure services. The other members shall represent a spectrum of
interests including architecture, land development, real estate, public safety, economic
growth and landscape architecture.
Section 5. City Code Section 2.11 is renumbered as Section 2.26 entitled, `Board of
Adjustments and Appeals"and is amended as follows:
SECTION 2.26 BOARD OF ADJUSTMENTS AND APPEALS
Subd. 1. Establishment. The Board of Adjustments and Appeals (`Board") is hereby
established.
Subd.2.Duties and Responsibilities. The Board shall hear and decide matters relating to
land use and subdivisions and other matters specified in this Section and as otherwise
provided by the City Code. ("Zoning,Subdivisions and other Matters")and building and fire
codes (`Building and Fire Codes").
A. Zoning, Subdivisions and Other Matters. The following duties and procedures
shall apply to Zoning, Subdivisions and other Matters:
1. Duties. The Board shall (1)hear all appeals where it is alleged that there is
an error in any order, requirement, decision or determination made by an
administrative officer in the enforcement of the land use regulations(zoning)
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and subdivision provisions of the City Code and as otherwise provided by
law, (2)hear requests for adjustments (variances) from the literal provisions
of the City Code in instances where their strict enforcement would cause
undue hardship because of circumstances unique to the individual property
under consideration,and to grant such variances only when it is demonstrated
that such action will be in keeping with the spirit and intent of the provisions,
and may not in the case of zoning regulations,City Code Chapter 11,permit
as a variance any use that is not permitted under City Code Chapter 11 for
land in the district where the land is located, and may impose conditions on
granting of a variance including performance bonds, letters of credit or cash
escrows to ensure compliance and to protect adjacent properties.The Board
shall also issue building moving permits pursuant to Chapter 10 of the City
Code.The Director of Community Development shall have the responsibility
to review and report on an appeal or petition on behalf of the Planning
Commission in accordance with Minmesota Statutes.
2. Decision by the Board.Within sixty(60)days after the filing of a request for
a variance or an appeal from an administrative order or determination, the
Board shall set a date for hearing thereon and shall hear such persons as wish
to be heard either in person or by agent or attorney. Notice of any such
hearing shall be mailed not less than ten(10)days before the date of hearing
to the person or persons who file the appeal or request and in the case of a
request for a variance to each owner of property situated wholly or partly
within five hundred(500) feet of the property to which the variance relates
insofar as the names and addresses of such owners can be determined by the
City Clerk from records available to the public. Within a reasonable time
after a hearing,the Board shall make an order deciding the matter and serve
a copy of such order upon the appellant or the petitioner by mail. The Board
shall provide for a written record of its proceeding which shall include the
minutes of its meetings,its findings and the action taken on each matter heard
by it including its final order.No decision of the Board shall be final until the
later of the expiration of the fifteen(15) day period provided for in Subd.2.
A.3. or completion of review by or appeal to the Council.
3. Review or Appeal. (1) The Council may elect to review any decision of the
Board within fifteen(15)days after that decision has been made,or a decision
may be appealed by the appellant or petitioner within fifteen (15) days by
filing with the City Clerk an appeal to the Council from the decision of the
Board. (2)The Council shall,at its next regular meeting after the filing of an
appeal from a decision of the Board, set a date for hearing thereon which
shall not be later than sixty(60)days after the meeting.Review shall be made
upon the petition and all the files,documents and records of the proceedings
in the matter. The City Clerk shall make a permanent record of the
disposition of all appeals from or review of decisions of the Board.
4. Variance Time Limitation.Variances granted from the provisions of the City
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Code shall be used within one(1)year; and if not, the variance will be of no
further force and effect.
B. Special Procedures applicable to Requests for Variances Related to Zoning.In
cases of a request for a variance related to zoning,the following procedures and rules
to the extent they may be inconsistent with City Code Section 2.26 Subd.2 A,2. and
3. shall apply:
1. The Board shall approve or deny the request within sixty(60) days ("60-day
period")of the filing by the requester of a complete application with the City.
If the request is denied by the Board, it shall state in writing the reasons for
the denial at the time it denies the request. The decision of the Board shall
become final upon the earlier of a) 15 days after the decision or b)the end of
the 60-day period.
2. Upon the earlier of a) 15 days after the decision of the Board or b)the end of
the 60-day period,the Council may elect to review the decision of the Board.
If the Council elects to review the decision of the Board,the review by the
Council shall be completed within the 60-day period. If the Council denies
the variance, it shall state in writing the reasons for the denial at the time it
denies the request.
3. The requester may appeal a decision of the Board to the Council within
fifteen(15)days after the decision by the Board.The Council shall complete
its review of an appeal of a decision of the Board and approve or deny the
variance within 60 days of the filing of the appeal with the City. ("60-day
decision period")If the Council denies the variance it shall state in writing
the reasons for the denial at the time of the denial.
4. The 60-day period and the 60-day decision period may be extended before the
end of the period by providing written notice of the extension to the
requester. The notification must state the reasons for the extension and its
anticipated length which may not exceed sixty(60) days unless approved by
the requester.The 60-day period and the 60-day decision period may also be
extended as provided by Minn. Stat. § 15.99.
C. Building and Fire Codes.
1. Duties and Procedures. The following duties and procedures shall apply to
the Building and Fire Codes:
a. Building Code.The Board shall(a)hear and decide appeals of orders,
decisions or determinations made relative to the application and
interpretation of the State Building Code as adopted by the City, (b)
conduct investigations and inquiry into matters brought before it, (c)
make all decisions and findings in writing and give notice of them to
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the appellant with a duplicate copy to the City building official and
to the State building inspector within fifteen(15)days of the decision,
and (d) recommend to the Council such new legislation as is
consistent therewith.
b. Fire Code. The Board shall (a) hear and decide appeals of orders,
decisions or determinations made relative to the application and
interpretation of the Uniform Fire Code as adopted by the City, (b)
conduct investigations and inquiry into matters brought before it, (c)
make all decisions and findings in writing and give notice of them to
the appellant with a duplicate copy to the Fire Marshal within fifteen
(15) days of the decision, and (d) recommend to the Council such
new legislation as may be consistent therewith.
2. Review by Council.The Council may elect to review and amend any decision
of the Board relating to the building and fire codes within twenty-one(21)
days following the decision.
Subd. 3. Membership.The Board shall consist of seven(7)members.
Section 6.City Code Section 2.17 is renumbered Section 2.27 entitled"Flying Cloud Airport
Advisory Commission" and amended as follows:
SECTION 2.27 FLYING CLOUD AIRPORT ADVISORY COMMISSION
Subd. 1.Establishment. The Flying Cloud Airport Advisory Commission("Commission")
is hereby established.
Subd.2.Duties and Responsibilities. The Commission shall have the following duties and
responsibilities:
A. Advise the Council and the Metropolitan Airports Commission with regard to all
matters affecting the Flying Cloud Airport,the classification,rules and regulations
supplied to the operation of that Airport and the development of lands adjacent to
said Airport.
B. Cooperate with the Metropolitan Airports Commission Staff in reviewing for the
benefit of the Council matters affecting the use and control of the Flying Cloud
Airport and shall make its recommendations to the Council and the Metropolitan
Airports Commission upon request with regard to any proposal affecting the use or
operation of Flying Cloud Airport.
Subd. 3. Membership. The Commission shall consist of seven (7) members. One (1)
member shall represent the Metropolitan Airports Commission and shall be appointed by the
Chairman of the Metropolitan Airports Commission. Six(6)members shall be appointed by
the Council who shall serve at the pleasure of the Council.Not less than two (2)members
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appointed by the Council shall represent the Flying Cloud Airport Businessman's
Association and four(4)members appointed by the Council,at least three(3)of whom shall
be residents of Eden Prairie, shall represent the community's interest.
Subd.4.Terms of Appointment.The terms of members of the Commission appointed by
the Council shall be for a period of three(3)years each,provided however,in order to avoid
the expiration of the terms of all members on the same date, the term of each member
appointed may be established and stated at the time of the appointment so that an equal or
approximately equal number of terms of members shall expire each year after the initial
appointment of members and thereafter. Terms shall commence April 1 and shall continue
for the terms appointed and until the member's successor has been appointed and qualified.
The Council may,but need not, appoint a person for the unexpired portion of the term of a
member whose membership has become vacant.
Subd. 5. Vacancies and Removal of Members.
A. Vacancies: Membership on the Commission shall become vacant upon the
occurrence of any of the following:
1. Death. The death of a member.
2. Disability. A determination by the Council that a member has been rendered
incapable of service because of a physical or mental disability.
3. Resignation. The member's resignation in writing.
4. Absence. The absence of a member appointed by the Council from three
consecutive meetings unless excused by action of the Council.
B. Removal from Office:
1. Upon Petition of the Commission.The Commission,by a 3/5's vote of its
members, may petition to the Council to remove any member when, in its
discretion,the best interests of the City would be served thereby.
2. By the Council. The Council, by a majority vote of all its members, shall
have the authority, in its discretion, to remove any member of the
Commission from office.
Subd.6.Officers.The Commission shall in March each year appoint a chairperson and vice-
chairperson to serve for a period of one year.
Subd. 7. Meetings.
A. Regular Meetings: The Commission shall establish from time to time a schedule of
regular meetings.
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Section 7.City Code Section 2.19 is renumbered Section 2.28 entitled"Heritage Preservation
Commission" and is amended as follows:
SECTION 2.28 HERITAGE PRESERVATION COMMISSION.
Subd.1. Establishment.The Heritage Preservation Commission("Commission')is hereby
established.
Subd.2.Duties and Responsibilities.The Commission shall have the following duties and
responsibilities; in addition to those specified in Section 11.05:
A. The Commission shall conduct a continuing survey of all areas,places,buildings,
structures,or objects in the City which the Commission, on the basis of information
available or presented to it,has reason to believe are significant to the cultural,social,
economic,political, or architectural history of the City.
B. The Commission shall continually survey all areas to determine needed and desirable
improvements of older buildings throughout the City, acting in a resource and
advisory capacity to owners of historically significant sites regarding their
preservation,restoration and rehabilitation.
C. The Commission shall work for the continuing education of the citizens of the City
with respect to the civic and architectural heritage of the City.It shall keep current
a public register of designated and proposed Heritage Preservation sites and areas
along with the plans and programs that pertain to them.
D. The Commission may recommend to the Council the acceptance of contributions
offered to the City and to assist the City staff in preparation of applications for grant
funds to be made through the City for the purpose of Heritage Preservation.
E. The Commission will on a continuing basis collect and review City planning and
development records, documentg, studies,models,maps,plans, and drawings to be
passed on to the State Historical Society as a permanent record of City history and
development.
F. The Commission shall make no application to the National Register of Historic
Places or to the State of Minnesota for the designation of a historic site or district
without the consent of the Council.
Subd.3.Membership. The Commission shall consist of seven(7)members appointed by
the Council. Members shall have a demonstrated interest and/or expertise in historic
preservation; be residents of the City; and, if available, at least two (2) members shall be
preservation-related professionals (including the professions of history, architecture,
architectural history, archeology,planning,real estate, or law) and one(1)member shall be
a representative of the county Historical Society.
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Section 8. City Code Sections 2.10, entitled `Boards and Commissions Generally," 2.15
entitled"Parks,Recreation and Natural Resources Commission,"2.16 entitled`Human Rights and
Diversity Commission,"2.18 entitled"Arts Commission,"2.20 entitled"Environmental and Waste
Management Commission,"and Section 2.21 entitled"Housing,Transportation and Human Services
Board"are repealed.
Section 9. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor"are hereby adopted in their entirety,by reference,as though repeated verbatim herein.
Section 10.This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
21st day of September, 1999, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 5th day of October, 1999.
1:4wo L
Kathfeen Porta, City Clerk an L.Harris,Mayor
PUBLISHED in the Eden Prairie News on the day of �� , 1999.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,
MINNESOTA
SUMMARY OF ORDINANCE 33-99
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA
ADOPTING CITY CODES SECTIONS
2.22 AND 2.23;RENUMBERING AND
AMENDING SECTIONS 2.11, 2.14,
2.17 AND 2.19; AND REPEALING
SECTIONS 2.10,2.15,2.16,2,19,2.20 Affidavit of Publication
AND 2.21 RZATING TO S
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tOiKr� -EN AND
gtCpT Southwest Suburban Publishing
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City Code Section 2.14 is renumbered
2.24ett[WW'VMM tmityPlanningBoarT'
and ammdedtoestabJishtheCommunit3' State of Minnesota )
Planning Board("Board").
The Community Planning Board )SS.
functions as the City's Planning Commission and its Planning Agency and County of Hennepin )
is advisory to the Council except as other
powers and duties are imposed on it by
law.
The Community Planning Board shall Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
consist of not less than seven(7)and not the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
more than nine(9)(as established by the as follows: y
Council from time to time) members
appointed by the Council who shall serve (A)This newspaper has complied with the requirements constituting qualification as a legal
at the pleasure of the Council. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
City Code Section 2.11 is renumbered amended.
as Section 2.25 entitled `Board of
AdjustrnentsandAppeals"andisamended (B)The printed public notice that is attached to this Affidavit and identified as N t�
to establish the Board of Adjustments and was published on the date or dates and in the newspaper stated in the attached Notice and said
Appeals ("Board") Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
TheBoardshallhearanddecidemaners the newspaper specified.Printed below is a copy of the to case alphabet from A to Z,both
relating to land use and subdivisions and inclusive,and is hereby acknowledged as being thi
of type used Z
'
other matters specified in this section and and publication of the Notice:
as otherwise provided by the City Code abcdef�hi klmno
("Zoning, Subdivisions and other t Matters") and building and fire codes
(`Building and Fire Codes").The Council
may elect to review and amend any
decision of the Board. tan Rolfs d
City Code Section 2.17 is renumbered or his designated agent
Section 2.25 entitled "Flying Cloud
Airport Advisory Commission" and is Subscribed and sworn before me on
amended to establishment the Flying Cloud
Airport Advisory Commission ✓
("Commission").
The Flying Cloud Airport Advisory Y
Commission shall advise the Council and Y this day of , 1999 u
the Metropolitan Airports Commis"- n 1, GWEN &I. RADUENZ
with regard to all matters affecting the td
g g �sy�-:,� NOTARY PC.L.tC—.":'rY,P.E„OTft
Flying Cloud Airport,the classification, c iF -c• ctv co:r..:�a�ro.�c „�� t-st ao
rules and regulations supplied to the=n �%
operation of that Airport and the an
development of lands adjacent to said ire Notary Public
Airport.The Commission shall consist of nd
not less than seven(7)and not more than id
nine(9)(established by the Council from'al
time to time)members:appointed by the
Council who shall serve at the pleasure of an
the Council.The members shall include of RATE INFORMATION
one(but not more than one)member of lie
each Citizen Advisory Commission. rs Lowest classified rate paid by commercial users for comparable space..$17.00 per column inch
CityCodeSeetion2.19isrenumbered Ve Maximum rate allowed by law for the above matter..............................$17.00 per column inch
Section 2.26 entitled "Heritage Of PrWxvationCommission"andisamended 7e Rate actually charged for the above matter..............................................$8.78 per column inch
to establish the Heritage Preservation ve
Commission ("Commission")is hereby
established. td
The Commission shall conduct a es
continuing surveys relating to heritage ')-
preservation, work for the continuing to
education of the citizens of the City with ns
regpecttothecivicandamhite analheritW he
of the City, and keep current a public M
register of designated and proposed ed.
HaitagePreservation situ andareas.The ts:
Commission may recommend to the ve
Council the acceptance of contributions xs
offered to the City and assist the City staff C)
in preparation of applicagons for grant ry
funds for the purpose of Heritage
Preservation,and will collect and review
City planning and development records,
to be passed on to the State Historical
Society as a permanent record of City
history and development. The
Commission shall make no application to
the National Registerof Historic Places or
to the State of Minnesota for the
designation of a historic site or district
without the consent of the Council. The
Commission shall consist of not less than
seven (7) and not more than nine (9)
(established by the Council from time to
time)members:appointed by the Council
who shall serve at the pleasure of the
Council.The members shall include one
(but not more than one)member of each
Citizen Advisory Commission.
Provisions applicable to all Boards
and Commissions
The terms of members of the Boards
and Commission shall be for a period of
three years each, provided however the
term of each member appointed may be
established and stated at the time of the
appointment so that an equal or
approximately equal number of terms of
members shall expire each year after the
initial appointment of members and
thereafter. Membership on the Boards
andCommission shall become vacantupon
the occurrence of any of the following:The
death,disability,resignation,a member's
absence from three consecutive meetings,
termination of a Member's residence in the
City.AmemberofaBoardorCommission
maybe removedby the City Council.The
Board or Commission shall elect a
chairperson and vice-chairperson to serve
for a period of one year. The Board or
Commission shall establish inMarcheach
year a schedule of regular meetings which
shall not be less than quarterly nor more
than twelve times each calendar year,one
of which shall b held in March. Special
meetings of the Boards and Commission
may be called by the chairperson or any
three members ofthe Board or Commission
by a .vriting.filed with the City Clerk at
least three days prior to the date of the
meeting. The Boards and Commission
shall be governed by Robert's Rules of
Order,and the Minnesota open meeting
law. Members shall serve without
compensation,but maybe reimbursed for
out of pocket expenses incurred when
such expenses have been authorized by the
Council or the City Manager.
Code Sections Repealed:City Code
Sections 2.10, entitled "Boards and
Commissions Generally," 2.15 entitled
"Parks,Recreation and Natural Resources
Commission,"2.16entitled"HumanRights
and Diversity Commission,"Section 2.18
entitled"Arts Commission,"Section 2.20
entitled -Environmental and Waste
Management Commission,"and Section
2.21 entitled "Housing, Transportation
and Human Services Board"are repealed.
This Ordinance shall take effect upon
publication. ATTEST:
Kathleen A.Porta,City Clerk
Jean L.Harris,Mayor
(Published in the Eden Prairie News on
Thursday,October 7, 1999;No.3162)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF ORDINANCE 33-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA ADOPTING CITY
CODES SECTIONS 2.22, 2.23 and 2.24; RENUMBERING AND AMENDING SECTIONS
2.11, 2.14, 2.17 AND 2.19; AND REPEALING SECTIONS 2.10, 2.15, 2.16, 2.18, 2.20 AND
2.21 RELATING TO BOARDS AND COMMISSIONS; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance 33-99. The full text is available for
public inspection by any person during regular business hours at the office of the City Clerk.
City Code Section 2.22 entitled, `Boards and Commissions" contains, unless otherwise
provided, provisions applicable to all Boards and Commissions. Members shall be appointed by
the Council for periods of three years each, provided however the term of each member
appointed may be established and stated at the time of the appointment so that an equal or
approximately equal number of terms of members shall expire each year after the initial
appointment of members and thereafter .Members shall be residents of the City and no member
of the Council may serve as a member of a Board or Commission. Membership shall become
vacant upon the occurrence of any of the following: The death, disability, resignation, a
member's absence from three consecutive meetings, or termination of a Member's residence in
the City. A member serves at the pleasure of, and may be removed by, the Council. The
Council shall choose a chairperson and vice-chairperson to serve for a period of one year. The
Council shall establish a schedule of regular meetings. Special meetings may be called by the
chairperson or any three members by a writing filed with the City Clerk at least three days prior
to the date of the meeting. Boards and Commissions shall be governed by Robert's Rules of
Order, newly revised 1990 edition(9th Edition), and the Minnesota open meeting law. Members
shall serve without compensation, but may be reimbursed for out of pocket expenses incurred
when such expenses have been authorized by the Council or the City Manager.
City Code Section 2.23 entitled, "Citizen Advisory Commissions" provides for the
establishment of four Citizen Advisory Commissions: Human Rights and Diversity Citizen
Advisory Commission; Environmental Education Citizen Advisory Commission; Arts and
Culture Citizen Advisory Commission; and Parks and Recreation Citizen Advisory Commission.
The Citizen Advisory Commissions are to provide the Community Program Board, City Staff
and Council with advice on such subjects and matters as requested.
The Human Rights and Diversity Citizen Advisory Commission is to act in an advisory capacity
on matters of diversity, civil and human rights, and the Americans with Disabilities Act
("ADA").
The Environmental Education Citizen Advisory Commission is to act in an advisory capacity on
the management of natural resources and programs that promote environmental awareness and
conservation of resources as supported by the general public.
The Arts and Culture Citizen Advisory Commission is to act in an advisory capacity on matters
pertaining to cultural, performance and visual art programs and activities supported by the
general public.
The Parks and Recreation Citizen Advisory Commission is to act in an advisory capacity on
matters of leisure services, recreational programming and development and use of parks and
recreation facilities supported by the general public.
Each Citizen Advisory Commission shall consist of not less than five and not more than seven
(as established by the Council from time to time) members. Each Commission shall in March
each year choose a chairperson and vice-chairperson and establish a schedule of its meetings.
City Code Section 2.24 entitled "Community Program Board" establishes the Community
Program Board("Board").
The Community Program Board is to review and advise on City communications and leisure
programs and activities. The Board shall consist of not less than seven (7) and not more than
nine (9) (established by the Council from time to time)members. The members shall include one
(but not more than one)member of each Citizen Advisory Commission.
City Code Section 2.14 is renumbered Section 2.25 entitled "Community Planting Board" and
is amended as follows:
The Community Planning Board functions as the City's Planning Commission and its Planning
Agency and is advisory to the Council except as other powers and duties are imposed on it by
law. The Community Planning Board shall consist of not less than seven (7) and not more than
nine(9) (as established by the Council from time to time)members.
City Code Section 2.11 is renumbered Section 2.26 entitled `Board of Adjustments and
Appeals" and is amended as follows:
The Board shall hear and decide matters relating to land use and subdivisions and other matters
specified in this section and as otherwise provided by the City Code ("Zoning, Subdivisions and
other Matters") and building and fire codes (`Building and Fire Codes").The Council may elect
to review and amend any decision of the Board. Special procedures apply to requests for
variances related to zoning. The Board shall consist of seven(7)members.
City Code Section 2.17 is renumbered Section 2.27 entitled "Flying Cloud Airport Advisory
Commission"and is amended as follows:
The Flying Cloud Airport Advisory Commission shall advise the Council and the Metropolitan
Airports Commission with regard to all matters affecting the Flying Cloud Airport, the
classification, rules and regulations supplied to the operation of the Airport and the development
of lands adjacent to said Airport. The Commission shall consist of not less than seven (7) and
not more than nine (9) (established by the Council from time to time) members. One member is
appointed by the chairman of the Metropolitan Airports Commission.
City Code Section 2.19 is renumbered Section 2.28 entitled "Heritage Preservation
Commission" and is amended as follows:
The Commission shall conduct a continuing surveys relating to heritage preservation, work for
the continuing education of the citizens of the City with respect to the civic and architectural
heritage of the City, and keep current a public register of designated and proposed Heritage
Preservation sites and areas. The Commission may recommend to the Council the acceptance of
contributions offered to the City and assist the City staff in preparation of applications for grant
funds for the purpose of Heritage Preservation, and will collect and review City planning and
development records, to be passed on to the State Historical Society as a permanent record of
City history and development. The Commission shall make no application to the National
Register of Historic Places or to the State of Minnesota for the designation of a historic site or
district without the consent of the Council. The Commission shall consist of seven(7)persons.
Code Sections Repealed: City Code Sections 2.10, entitled `Boards and Commissions
Generally," 2.15 entitled "Parks, Recreation and Natural Resources Commission," 2.16 entitled
"Human Rights and Diversity Commission," Section 2.18 entitled "Arts Commission," Section
2.20 entitled "Environmental and Waste Management Commission," and Section 2.21 entitled
"Housing, Transportation and Human Services Board"are repealed.
Penalty. A violation of the ordinance constitutes a misdemeanor under City Code.
This Ordinance shall take effect upon publication.
ATTEST:
2�"
Kat Teen A. Porta, City Clerk ean L.Harris,Mayor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE
NO.33-99
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA
ADOPTING CITY CODES SECTIONS
2.22, 2.23 and 2.24; RENUMBERING
AND AMENDING SECTIONS 2.11,
2.14,2.17 AND 2.19;AND REPEALING
SECTIONS 2.10,2.15,2.16,2.18,2.20
AND 2.21 RELATING TO BOARDS
AND COMMISSIONSS; AND Affidavit of Publication
ADOPTING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION Southwest Suburban Publishing
2.99, WHICH AMONG OTHER
THINGS, CONTAIN PENALTY
PROVISIONS.
The following is only a summary of State of Minnesota
Ordinance33-99.The full text is available )SS.
for public inspection by any person during
regular business hours at the office of the County of Hennepin
City Clerk.
City Code Section 2.22 entitled,
"Boards and Commissions" contains,
unless otherwise provided, provisions Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
applicabletoallBoards andCommissions. the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
Members shall be appointed by the as follows:
Council for periods of three years each,
providedhoweverthetermofeachmember (A)This newspaper has complied with the requirements constituting qualification as a legal
appointed may be established and stated newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
at the time of the appointment so that an amended.
equal or approximately equal number of
terms of members shall expire each year (B)The printed public notice that is attached to this Affidavit and identified as No.d/B
after the initial appointment of members was published on the date or dates and in the newspaper stated in the attached Notice and said
and thereafter.Members shall be residents Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
of the City and no member of the Council the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
may serve as a member of a Board or inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
Commission. Membership shall become and publication of the Notice:
vacant upon the occurrence of any of the
following: The death, disability, abcdefghijklmnopgrstuv vxy
resignation,amember's absencefromthree
consecutive meetings,or termination of a
My embel'sresidenceintheCity.Amember
serves at the pleasure of, and may be By:
removed by, the Council. The Council tan Rolfsrud,General Manager
shall choose a chairperson and vice- or his designated agent
chairperson to serve for a period of one `
year.The Council"establish a schedule Subscribed and swom before me on
ofregular meetings.Special meetings may
be called by the chairperson or any three
members by a writing filed with the City wtb—
Clerk at least three days prior to the date this day of , 1999
of the meeting. Boards and Commissions
shaltib6 governed by Robert's Rules of �_ GWEN M. RADUENZ
Order,-newly revised 1990 edition (91 tZOTkRy PtrsUC—wyINIEsorA
Edition),and the Minnesotaopen meeting fV '= E W CorlMISSIM4 EXPIRES 1-31.00
law. Members shall serve without
compensation,but may be reimbursed for
out of pocket expenses incurred when Notary Public
such expenses have been authorizedby the
Council or the City Manager.
City Code Section 2.23 entitled,
"CitizenAdvisoryComtnissions"provides
for the establishment of four Citizen
Advisory Commissions: Human Rights RATE INFORMATION
and Diversity Citizen Advisory Lowest classified rate paid by commercial users for comparable space..$17.00 per column inch
Commission; Environmental Education
Citizen Advisory Commission;Arts and Maximum rate allowed by law for the above matter..............................$17.00 per column inch
Culture Citizen Advisory Commission; Rate actually charged for the above matter..............................................$8.78 per column inch
and Parks and Recreation Citizen Advisory
Commission. The Citizen Advisory
Commissions are to provide the
Community Program Board, City Staff
and Council with advice on such subjects
and matters as requested.
The Human Rights and Diversity
Citizen Advisory Commission is to act in
an advisory capacity on matters of
diversity,civil and human rights,and the
Americans with Disabilities Act("ADA").
The Environmental Educatian Citizen
Advisory Cotrttnisai= is to act In in
advisory capacity on the managemm of
natural resources and programs that
pate auvirunmenw awmWAM and
conservation ofoesouroes as supported by
the general public.
Tli,Arts and Culture Citizen Advisory
Commission is to act in an advisory
capacity on matters pertaining to cultural,
r-i-formance and visual art programs and
activities supported by the general public.
The Parks and Recreation Citizen
A&isory Commission is to act in an
advisory capacity on matters of leisure
,nicer, recreational programming and
dc�elopment and use of parks and
recreation facilities supported by the
general public.
Each Citizen Advisory Commission
shall consist of not less than five and not
more than seven (as established by the
Council from time to time)members.Each
Commission shall in March each year
chc"o�e,ach::irp rs",nand�ici-chairperson
;ind eNlahlish a schedule of its meetings. .
City Code Section -1.24 entitled
Communitv Prn,emm Board"establish:,,,
the Community ProgramBoard("Board').
The Community Program Board is to
review and advise on City communications
and leisure programs and activities. The
Board shall consist of not less than seven
(7)and not more than nine(9)(established
by the Council fromtimetotime)members.
The members shall include one(but not
more than one)member of each Citizen
Advisory Commission.
City Code Section 2.14is renumbered
Section 2.25 entitled"Community Planting
Board"and is amended as follows:
The Community Planning Board
functions as the City's Planning
Commission and its Planning Agency and
is advisory to the Council except as other
powers and duties are imposed on it by
law.
The Community PlanningBoard shall
consist of not less than seven(7)and not
more than nine(9)(as established by the
Council from time to time)members.
City Code Section 2.1 I is renumbered
Section 2.26 entitled "Board of
Adjustments andAppeals"andis amended
as follows:
lbeBoardshallhw-trandd�cidematters
relating to land use and subdivisions and
other matters specified in this section and
as otherwise provided by the City Code
("Zoning, Subdivisions and other
Matters") and building and fire codes
("Building and Fire Codes").The Council
may elect to review and amend any
decision of the Board.SpecialTrocedures
apply to requests for variances related to
zoning.The Board shall consist of seven
(7)members.
City Code Section 2.17 is renumbered
Section 2.27entitled"FIlIng0oud Airport
Advisory Commission"andis amended as
follows:
The Flying Cloud Airport Advisory
Commission shall advise the Council and
the Metropolitan Airports Commission
with regard to all matters affecting the
Flying Cloud Airport,the classification,
rules and regulations supplied to the
operation of the Airport and the
development of lands adjacent to said
Airport.The Commission shall consist of
not less than seven(7)and not more than
nine(9)(established by the Council from
time to time)members. One member is
appointed by the chairman of the
Metropolitan Airports Commission.
City Coda Section 2.19is renumbered
Section 2.28 entitlad'Heritage Preservation
Commission"and is amended as follows:
The Commission shall conduct a
continuing surveys relating to heritage
preservation, work for the continuing
education of the citizens of the City with
respect to the civic and architectural heritage
of the City, and keep current a public
register of designated and proposed
Heritage Preservation sites and areas.The
Commission may recommend to the
Council the acceptance of contributions
offered to the City and assist the City staff
in preparation of applications for grant
funds for the purpose of Heritage
Preservation,and vdll collect and review
City planning and development records,
to be passed on to the State Historical
Society as a permanent record of City
History and development. The
Commission shall rnake no application to
the National Reg'giStcrof Historic Places or
to the State of 114innesota for the
designation of a historic site or district
without the consent of the Council.The
Commission shall consist of seven (7)
persons.
Code Sections Repealed:City Code
Sections 2.10, entitled "Boards and
Commissions Generally," 2.15 entitled
"Parks,Recreation and Natural Resources
Commission,"2.16 entitled"Human Rights
and Diversity Commission,"Section 2.18
entitled"Art-,Commission,"Section 2.20
entitled "Environmental and Waste
Management Commission,"and Section
2.21 entitled "Housing, Transportation
and Human Services Board"are repealed.
Penalty. A violation of the ordinance
constitutes a misdemeanor under City
Code.
Effective Date: This Ordinance shall
take effect upon publication.
ATTEST. Kathleen Porta,
City Clark-
Jean L.Harris,
Mayor
(Published in the Eden Prairie News on
Thursday,October 14, 1999;No.3173)