Loading...
HomeMy WebLinkAboutOrdinance - 4-2002 - Amending City Code Chapter 2 - Boards & Commissions - 02/05/2002 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 4-2002 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,AHNNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTIONS 2.229 2.23 AND 2.25 SUED.3 RELATING TO BOARDS, COMMISSIONS AND TASK FORCES; REPEALING SECTIONS 2.24 RELATING TO THE COMMUNITY PROGRAM BOARD AND SECTION 2.28 RELATING TO HERITAGE PRESERVATION COMNIISSION; 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 Sections 2.22, 2.23 and 2.25 Subd. 3 are amended to read as follows: SECTION 2.22 BOARDS, COMMISSIONS AND TASK FORCES Subd. 1. Generally. Except as otherwise provided with respect to a Board, Commission or Task Force, the provisions of this Section shall apply to all Boards, Commissions and Task Forces 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 of members of Boards and Commissions shall be for a period of three 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. The term of members of a Task Force shall be determined by the Council at the time the Task Force is established. 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, Commission or Task Force. The Board, Commission or Task Force, 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 for a Board or Commission 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. At the time the Council establishes a Task Force it shall choose a chairperson and vice-chairperson to serve for the duration of the Task Force. The chairperson or in his/her absence, the vice-chairperson shall preside at all meetings of the Board, Commission or Task Force of which such person is the chairperson or vice-chairperson.In the absence of a chairperson or vice-chairperson, members of a Board, Commission or Task Force may appoint an acting chairperson to act during the absence. 2 Subd. 6. Meetings. A- Regular Meetings: The Council shall establish from time to time a schedule of regular meetings for a Board or Commission. A Task Force shall establish a schedule of regular meetings at its initial meeting. B. Special Meetings. Special meetings of a Board, Commission or Task Force may be called by the chairperson or any three members of the Board, Commission or Task Force 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,Commission or Task Force and give such further notice as required by law. Subd. 7. Rules Governing Meetings. The Board, Commission or Task Force shall be governed by Robert's Rules of Order, newly revised 1990 edition (9th Edition), and the Minnesota open meeting law. Subd. 8. Compensation, Expenses and Appreciation. Members of the Board, Commission or Task Force shall serve without compensation,but may be reimbursed for out of pocket expenses incurred in the performance oftheir duties when such expenses have been authorized by the Council or the City Manager before they were incurred. The City will coordinate an ongoing program to provide for activities and events designed to demonstrate appreciation, express recognition, acknowledge, motivate and provide for social interaction for members of Boards, Commissions, and Task Forces, including an appreciation dinner designed to recognize retiring Board and Commission members. SECTION 2.23 COMMISSIONS Subd. 1.Establishment: The following Commissions are hereby established: A. Human Rights and Diversity Commission B. Arts and Culture Commission C. Parks,Recreation and Natural Resources Commission D. Heritage Preservation Commission Subd. 2. Duties and Responsibilities. The Commissions shall provide the 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 3 advisory capacity as provided hereafter: A Human Rights and Diversity Commission. The Human Rights and Diversity Commission shall act in an advisory capacity on matters of diversity, civil and human rights,and the Americans with Disabilities Act C ADX)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. Arts and Culture Commission.The Arts and Culture 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. 5. Development of operation and maintenance offacilities related to the arts. 6. Studies for the development of facilities related to the arts. 7. Policies relating to the operation of programs and facilities related to the arts. C. Parks, Recreation and Natural Resources Commission. The Parks, 4 Recreation and Natural Resources Commission shall act in an advisory capacity on matters of development and use of parks and recreation facilities; and recreation programs;preservation of natural resources; and promotion of environmental awareness which may include the following: 1_ The acquisition and development of a complete system of parks and recreation facilities in the City,including: a. The development of a System Plan for parks and recreation facilities. b. Recommendations of studies as necessary for the development of such a System Plan. C. Recommendation of policies for the implementation of the Plan. C. Recommendation of a capital improvement program for the implementation of the Plan. f. Recommendation of a site plan for the development of the different parcels of property which will compose the System. g. Review of a development proposal for consistency with the System Plan. 2. The conduct of the complete program of recreation opportunities within the City and charging the Commission with review of development proposals, including: a. Review of proposed and existing recreation programs and advice to the Recreation Staff on programming and the operation of all such opportunity. b. Recommendation of policies to the Council on matters pertaining to the operation of recreation facilities and program- C. Recommendation of an annual budget for the operation of said programs and facilities to the Council in time for inclusion in the budget proposal. d. Cooperation and coordination ofrecreation and other 5 leisure opportunity and proposals with other City Groups, school groups, community groups, and County, State and Federal agencies that have application within the City. 3. The inventory, preservation and management of natural resources within the City including: a. Making a study and inventory of natural resources in the City. b. Recommendation of plans and policies for the preservation of natural resources in the City. C. Review of land use proposals that conflict with the park and open space plan. d. Making recommendations to the Council for action programs to ensure preservation of natural resources. e. Cooperation and coordination of the environmental programs and proposals with other City Groups, school groups, and County, State and Federal agencies that have application within the City. f. Establishing programs and dissemination of information to better inform and guide environmental choices of residents of the City. g. Making recommendations on management of wildlife to control the number of deer and geese within DNR recommended populations. D. Heritage Preservation Commission. The Heritage Preservation Commission ("Commission") shall have the following duties and responsibilities; in addition to those specified in Section 11.05: 1. 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. 6 2. The Commission shall continually survey all areasto 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. 3. 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. 4. 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. 5. The Commission will on a continuing basis collect and review City planning and development records, documents, studies, models, maps, plans, and drawings to be passed on to the State Historical Society as a permanent record of City history and development. 6. 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. Subject to subdivision 6 of this section, each Commission, except the Parks, Recreation and Natural Resources Commission and the Heritage Preservation Commission, shall consist of not less than five and not more than seven (as established by the Council from time to time) members. The Parks, Recreation and Natural Resources Commission shall consist of nine members. The Heritage Preservation 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. Subd.4.Repealed. 7 Subd. 5.Repealed. Subd. 6. Combining Duties of Commissions. The Council may by a resolution make a Commission inactive by choosing not to appoint members to such Commission. If the Council makes a Commission inactive it may assign the duties of the inactive Commission to any one of the other Commissions. The Council may subsequently by resolution activate an inactive Commission and thereafter appoint members as provided herein. SECTION 2.25 COMMUNITY PLANNING BOARD 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. To the extent reasonably possible, members should represent a spectrum of interests including architecture, land development, real estate, public safety, economic growth and landscape architecture. Section 2. City Code Sections 2.24 and 2.28 are repealed in their entirety. Section 3. 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 4. 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 ofEden Prairie on the 15'h day of January,2002, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 5 h day of February, 2002. x-i--a�A2 Ka een Porta, City Clerk Ronald Case, Acting Mayor PUBLISHED in the Eden Prairie News on the -_(day of 2002. 8 CITY OF EDEN PRAIRIE SUMMARY OF ORDINANCE 4- 2002 A SUMMARY OF AN ORDINANCE AMENDING SECTIONS 2.22,2.23,AND2.25 SUBD. 3 RELATING TO BOARDS, COMMISSIONS, AND TASK FORCES;REPEALINGSECTIONS 2.24 ;RELATING TO THE COMMUNITY Affidavit of Publication IPROGRAM BOARD AND SECTION 2.28 RELATING TO HERITAGE PRESERVATION COMMISSION Southwest Suburban Publishing The following is only a summary of ordinance number4-2002.Thefulitextis available for public inspection by any person during regular office hours at the State of Minnesota office of the City Clerk: )SS, Section 2.22-Boards,Commissions, Citizen Advisory Commissions,andTask County of Hennepin Forces All references to Citizen Advisory Commissions have been deleted. The Citizen Advisory Commissions are now Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of simply referred to as Commissions. In the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated addition,a provision has been added to as follows: subdivision 8 providing a City coordinated appreciation program for members of (A)This newspaper has complied with the requirements constituting qualification as a legal Boards,Commissions andtheTaskForce. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as Section 2.23 - Citizen Advisory amended. Commissions ? �l 7 The ordinance amends the title Citizen, (B)The printed public notice that is attached to this Affidavit and identified as No.-�� Advisory Commissions to Commissions was published on the date or dates and in the newspaper stated in the attached Notice and said and all references to Citizen Advisory Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of Commissions-has been deleted and the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both replaced with Commissions. The inclusive,and is hereby acknowledged as being the kind and size of type used in the composition ordinance amends the Commissions listed and publication of the Notice: in subdivision 1,so that section B is the Arts and Culture Commission,section C abcdefghijklmnopgrstuv xy is the Parks Recreation and Natural Resources Commission,and section D is the Heritage Preservation Commission. B The ordinance further adds,to subdivision y 2,a description of each Commission and St olfsrud,General Manager describes the matters in which each or his designated agent Commission is involved. The ordinance amends subdivision 3, Membership, to Subscribed and sworn before me on provide that membership in the Human Rights and Diversity Commission, and the Arts and Culture Commission shall consist of not less than five and not more this day of 2002 'than seven members,and membership in the Parks Recreation and Natural GWEN M.RADUENZ :Resources Commission shall consist of y NOTARYPUBLIC MINNESOTA nine members. The Subdivision further y My Commission Expires Jan.31,2005 'adds the text that was in section 2.28 relating to the Heritage Preservation Notary Public Commission to subdivision 2 and 3. Subdivisions 4 and 5 have been repealed. Section 2.24-Community Program Board The Community Program Board is abolished and this section is repealed. BATE INFORMATION Section 2.25-Community Planning (Board Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch The ordinance amends Subdivision 3, Maximum rate allowed by law for the above matter................................$20.00 per column inch Membership,to remove the requirement that some members musthave experience Rate actually charged for the above matter................................................$10.23 per column inch in particular fields or professions. Section 2.28-Heritage Preservation Commission The ordinance repeals section 2.28 in its entirety and inserts the text of that section into Section 2.23,Subd.2D and Subd.3. (Published in the Eden Prairie News on' Thursday,February 14,2002;No.3863)