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HomeMy WebLinkAbout2011-02 Establishing Chapter 15 Boards and Commissions ORDINANCE NO. 2011-02 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING BOARDS AND COMMISSIONS THE CITY OF EDINA ORDAINS: SECTION 1. The Edina City Code is amended by deleting Sections 121140, 146, 180, 400, 801, 805, 1220, 1221, and 1225, subsection 700.03 and subsection 850.04, Subd. 1.A and 1.5 of the City Code. SECTION 2. The Edina City Code is amended by adding Chapter 15 to provide as follows: CHAPTER 15. BOARDS AND COMMISSIONS Section 1500— General Provisions 1500.01 Establishment A. Authority to Establish. Pursuant to Minnesota Statutes 412.621, and other such statutes as are specifically cited herein, the Council establishes or continues the following boards and commissions to advise the Council with respect to municipal functions and activities and to investigate subjects of interest to the City. B. How Established. A board or commission may be established by a majority vote of the Council. An ordinance shall be adopted prescribing the purpose, duties, and composition of the board or commission. C. Subject to Provisions in This Chapter: All boards and commissions established by the Council shall be subject to the provisions of this Chapter, unless otherwise specified in City ordinance or State law. D. Purposes and Duties Generally. All boards and commissions established by the Council shall be advisory to the Council and shall have the responsibility to: Investigate matters within the scope of the particular board or commission or as specifically directed by the Council. Advise the Council by communicating the viewpoint or advice of the board or commission. At the direction of the Council, hold hearings, receive evidence, conduct investigations, and, on the basis of such hearings, evidence and investigations, make decisions and recommendations to the Council. E. Advisory Role. A board or commission established by the Council shall not assume the role of an administrative or legislative body. 1500.02 Cooperation of City Officials Subject to Direction of City Manager. The Manager may make available City staff members to record and prepare minutes of board and commission meetings. Such staff members shall perform only such clerical duties on behalf of a board or commission as provided in the bylaws of that board or commission or as assigned by the chairperson with the consent of the Manager. The Manager may assign additional staff to assist a board or commission. 1500.03 Membership Ordinance No. 2011-02 Page 2 A. Regular members. Regular members of boards and commissions established by the Council shall be adult residents of the City unless otherwise expressly stated by ordinance. Members who discontinue legal residency in the City shall automatically be deemed to have resigned from office as of the date of such discontinuance. B. Student Members. Student members shall be residents of the City and enrolled full time in a secondary school. Student members shall be non-voting. 1500.04 Appointment and Terms of Membership A. Regular Members. Board and commission members shall be appointed by majority vote of the Council and shall serve terms of membership not to exceed three years per term. Each member is eligible to serve two three-year terms, except for members of the Planning Commission, who are eligible to serve three three-year terms. A member in good standing shall serve until a successor has been appointed. B. Student Members. Student members shall be appointed by majority vote of the Council and shall serve terms of membership not to exceed one year per term. C. Resignation and Removal. Members shall serve without compensation and may resign voluntarily by letter or e-mail to the City Clerk or be removed by majority vote of the Council or pursuant to subsections 1500.03 or 1500.09. D. Vacancies. Vacancies in membership shall be filled by majority vote of the Council for the balance of the unexpired term. E. Term of Appointment to Fill Vacancy. A person appointed to fill a vacancy shall be eligible to serve two (or for Planning Commission, three) full terms in addition to the balance of the unexpired term. F. No Concurrent Membership. No person may serve concurrently on more than one board or commission. G. Staggered Terms. Terms of membership shall be staggered so that no more than one-half of the terms on a board or commission expire in any particular year. 1500.05 Committees and Subcommittees A. Establishment. A board or commission may, with specific approval of the Council or pursuant to its bylaws, establish committees, subcommittees, committees of the whole or working groups that include members of the board or commission and additional persons as requested by the board or commission. B. Prohibition. A committee, subcommittee, committee of the whole or working group may not engage in activities, functions, or duties outside the scope of authority granted to the board or commission by which it was established. 1500.06 Organization and Bylaws A. Bylaws. Each board or commission shall adopt and be governed by such bylaws as shall be necessary and desirable for the conduct of its activities. Bylaws shall be subject to review and approval by the Council. Ordinance No. 2011-02 Page 3 B. Chairperson. Each board or commission annually shall elect from its members a chairperson and vice-chairperson to serve a term of one year. No person shall serve more than two consecutive one-year terms as chairperson of a particular board or commission. 1500.07 Meetings A. Regular Meetings. All board and commission meetings are open meetings subject to the Minnesota Open Meeting Law (Minnesota Statutes 13D) and shall be held at a fixed time, on a fixed date and in a fixed place as shall be determined by the board or commission. The City Clerk shall give notice of all board and commission meetings as required for meetings of public bodies. B. Public Comment. All board and commission meetings shall include scheduled time for public comment. C. Meetings Conducted According to Bylaws. All meetings shall be conducted according to the bylaws of the board or commission. 1500.08 Meeting Minutes A. Official Record. Approved minutes of board or commission proceedings shall be public record; the City shall retain a copy of the official minutes of each board or commission meeting in accordance with applicable state law. B. Recording. A board or commission may appoint from its membership a secretary to record and prepare meeting minutes. Minutes so recorded shall be reviewed and approved by the board or commission and a copy forwarded to the City Clerk. In the alternative, the Manager may make available to the board or commission a member of City staff to serve as secretary to record and prepare meeting minutes. C. Distributed to City Council. Official minutes of each board or commission meeting shall be distributed to the Council prior to the first regular Council meeting after approval of the minutes by the board or commission. 1500.09 Attendance Requirements A. Purpose. To assist boards and commissions in fulfilling their purposes and duties and to ensure that they are not prevented from doing so by the repeated absence of their members, the Council hereby establishes an attendance policy for members serving on boards and commissions. B. Removal. Any member of a board or commission established by the Council who fails to attend three consecutive regular meetings, or who fails to attend at least 75% of the scheduled meetings in any calendar year, whether regular or joint work sessions with the Council, shall be deemed to have resigned as a member of the board or commission. C. Exceptions. (1) The requirements of this subsection shall not apply to attendance at special meetings, or of meetings of committees or subcommittees, including committees of the whole, established by a board or commission pursuant to Subsection 1500.05. Ordinance No. 2011-02 Page 4 (2) The requirements of this subsection shall not apply to members of the Housing and Redevelopment Authority of Edina, the East Edina Housing Foundation or the City Council. D. Annual Review. The Council shall conduct an annual review of the attendance of members of boards and commissions established by the Council. E. Vacancies. The successor to any member of a board or commission who has been removed pursuant to this subsection shall be appointed pursuant to Subsection 1500.04. Section 1501 - Human Rights and Relations Commission 1501.01 Policy Statement. It is the public policy of the City of Edina to: A. Secure for all of the residents of the City freedom from discrimination because of race, color, creed, religion, age, sex, sexual orientation, marital status, disability, status with regard to public assistance, familial status or national origin in connection with employment, housing and real property, public accommodations, public services, credit and education. B. Support the home, family and human relations in the City. C. Cooperate with the State Department of Human Rights, the Minnesota League of Human Rights Commissions and other agencies in their programs of human rights. 1501.02 Establishment and Purpose. To promote and help implement the above policies, the Council hereby establishes the Edina Human Rights and Relations Commission (the "Commission"). 1501.03 Duties. The Commission shall: A. Advise the Council on matters relating to discrimination and human relations referred to herein. B. Implement such programs of education and community action which are designed to effectuate the public policy stated in Subsection 1501.01 and which have been approved by the Council. C. Cooperate with the State Department of Human Rights, the State League of Human Rights Commissions and other agencies and programs that relate to the public policy stated herein. D. Investigate, study, report and undertake other functions as are assigned to local commissions under and pursuant to Minnesota Statutes 363, and to discharge its duties under M.S. 363 with regard to specific matters referred to it by the State Commissioner of Human Rights or filed with it by individuals. 1501.04 Membership. The Commission shall consist of nine regular and two student members. Section 1502 - Energy and Environment Commission 1502.01 Policy and Establishment. The Council, recognizing the need to support and advance environmental protection, conservation efforts including energy conservation, and waste reduction, and to improve thereby the overall welfare of the citizens of the City, does hereby establish the Energy and Environment Commission (the "Commission"). Ordinance No. 2011-02 Page 5 1502.02 Duties. The Commission shall: A. Examine and recommend best practices for energy conservation for Edina's citizens and businesses, including a "green" building code, use of Energy Star appliances, and other energy reduction targets. B. Examine and recommend changes in City Government purchasing and operations to conserve energy. C. Evaluate and monitor the provision of a residential recycling program. D. Evaluate and monitor the provision of a privately provided solid waste program, as well as a reduction in municipal solid waste produced by Edina residents and businesses. E. Evaluate and encourage improvements in air and water quality. F. Promote the establishment of targets for the reduction of greenhouse gas emissions produced by the City's buildings, equipment and operations. G. Educate the public about energy issues, reduction, conservation, reuse, recycling and environmental protection. H. Examine and promote renewable energy options for transportation, heating, and cooling, and other energy uses. 1502.03 Membership. The Commission shall consist of ten regular and two student members. Section 1503—Community Health Committee 1503.01 Establishment. The Council, acting as the Community Health Board pursuant to Minnesota Statutes 145A and Section 700 of this Code, hereby establishes the Community Health Committee. 1503.02 Purpose and Duties. The Community Health Committee shall study and advise the Community Health Board regularly on community health activities designed to protect and promote the health of the population by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources and by extending health services into the community. 1503.03 Membership. The Community Health Committee shall consist of nine regular and two student members. Members shall include, if possible, providers and consumers of health care services. 1503.04 Subject to General Provisions Governing Boards and Commissions. The membership and operations of the Community Health Committee shall be governed by Section 1500 of this Chapter. Section 1504 - Heritage Preservation Board 1504.01 Policy and Establishment. The Council finds that historically significant buildings, sites, structures, objects and districts represent scarce, non-renewable heritage resources that are critical assets for community development; that heritage preservation is an important public service and a legitimate responsibility of City government; and that the preservation, protection and enhancement of significant heritage resources for the benefit of present and future citizens is a public necessity. Therefore, pursuant to Minnesota Statutes §471.193, the Council continues the Heritage Preservation Board (the "Board") as the City's heritage preservation commission. Ordinance No. 2011-02 Page 6 1504.02 Purpose. The Board shall assist and advise the Council, Manager, and other City boards and commissions on all matters relating to heritage resource preservation, protection and enhancement. The Board shall safeguard the significant heritage resources of the City by identifying significant heritage resources and nominating them for designation by the Council as Edina Heritage Landmarks; by developing and maintaining a comprehensive preservation plan; by reviewing applications for City permits in relation to properties designated as Edina Heritage Landmarks; and by encouraging the preservation, rehabilitation, restoration, and reconstruction of significant heritage resources through public education. 1504.03 Definitions. Unless otherwise stated, or unless the context clearly indicates a different meaning, the words or phrases in the following list of definitions shall, for the purposes of this chapter, have the meanings indicated: Certificate of Appropriateness. A certificate issued by the City Planner and attached to a City permit evidencing compliance with the City's comprehensive heritage preservation plan. City Planner. City staff member responsible for zoning administration. Comprehensive Heritage Preservation Plan. The official guide plan for implementing the City's heritage resource preservation policies, adopted by the Council, that establishes goals and priorities and integrates heritage preservation with other planning data. Edina Heritage Landmark. Any heritage resource so designated by the Council that is significant in history, architecture, archeology, or culture and therefore worthy of preservation and consideration in City planning. Evaluation. The process of determining whether identified heritage resources meet defined criteria of historical, architectural, archeological, or cultural significance. Heritage Preservation Board. The heritage preservation advisory commission appointed by the Council. Heritage Resource. Any prehistoric or historic building, site, structure, object or district that has historical, architectural, archeological, or cultural value to the citizens of Edina, the State of Minnesota, or the United States. Preservation. The act or process of applying measures to sustain the existing form, structure, integrity, and material of a heritage resource. Reconstruction. The act or process of reproducing by new construction the exact form and detail of a vanished building, structure, or object as it appeared during a specific period of time. Rehabilitation. The act or process of returning a heritage resource to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural, archeological, or cultural values. Ordinance No. 2011-02 Page 7 Restoration. The act or process of accurately recovering the form and details of a heritage resource and its setting as it appeared at a particular period of time by means of removal of later work or by the replacement of missing historic features. Significance. The heritage preservation value of buildings, sites, structures, objects, and districts that are linked to important historical events or persons, or that represent notable expressions of architecture or engineering, or that have yielded important information about prehistory or history. Survey. The physical search for and recording of heritage resources that result in an inventory of buildings, sites, structures, objects and districts worthy of consideration in City planning. 1504.04 Duties and Responsibilities. The Board shall: A. Advise the Council, Manager, and other City boards and commissions and provide leadership for implementing the heritage preservation chapter. B. Develop and maintain a comprehensive plan for heritage resource preservation to ensure that community development policies and decisions respect the City's heritage and promote stewardship of heritage resources. C. Conduct an ongoing survey of historic buildings, sites, structures, objects, and districts and maintain an inventory of the heritage resources in the City. D. Conduct evaluations to determine the eligibility of heritage resources for designation as Edina Heritage Landmarks. E. Nominate heritage resources for designation as Edina Heritage Landmarks by the City Council. F. Review City permit applications in relation to Edina Heritage Landmarks and make recommendations to the City Planner with respect to issuance of certificates of appropriateness. G. Review and make recommendations to the Planning Commission on development projects that affect properties designated heritage landmarks or determined eligible for designation as heritage landmarks. H. Inform and educate citizens about the City's heritage and the benefits of preservation. I. Develop regulatory and incentive programs that facilitate heritage preservation. J. Adopt rules of procedure, subject to Council approval, to guide the Board's deliberations. K. Prepare an annual report to the Council, describing the Board's accomplishments during the past year and presenting goals and objectives for the coming year. 1504.05 Membership. A. The Board shall consist of nine regular and two student members. Members shall have a demonstrated interest, knowledge, ability or expertise in heritage preservation. At least one member shall be a qualified professional historian, architect, architectural historian, archeologist, planner, or the owner of a heritage landmark property. Ordinance No. 2011-02 Page 8 B. Edina Historical Society Membership. A member of the Board shall be a member of the Edina Historical Society. C. County Historical Society Membership. A member of the Board shall be a member of the Hennepin County Historical Society. 1504.06 Professional Staff. The Manager shall provide the Board with professional staff with expertise in heritage preservation. 1504.07 Repository for Documents. The office of the Manager shall be the repository for all minutes, reports, studies, plans and other official documents produced by the Board. Section 1505 - Planning Commission 1505.01 Establishment. The Planning Commission (the "Commission") of the City is to continue. It shall serve as the planning agency within the meaning of Minnesota Statutes 462.351 through 462.364. In such capacity, the Commission shall be advisory to the Council. 1505.02 Powers, Duties, and Responsibilities. The Commission shall: A. Comprehensive Plan. Prepare, review, and make recommendations to the Council as to the Comprehensive Plan of the City, as defined in Section 835 of this Code, or any other sections of this Code, including, but not limited to, a land use plan, a transportation plan, a community facilities plan, a capital improvements program, a parks and open space plan, and a housing plan, with recommendations as to plan execution. B. Platting. Review and make recommendations to the Council as to all proposed plats and subdivisions, as defined in Section 810 of this Code, in accordance with the provisions of Section 810 and State law. C. Zoning. Review and make recommendations to the Council as to all proposed amendments to Section 850 of this Code, in accordance with the provisions of Section 850 and State law. D. Heritage Preservation. Review and make recommendations to the Council as to the reports and recommendations of the Heritage Preservation Board regarding preservation of lands and buildings of historical, architectural, cultural, and educational significance pursuant to Subsection 850.20 and Section 1504 of this Code. E. Low and Moderate Cost Housing. Review and make recommendations to the Council as to matters referred to it by the Council relating to the provision of low and moderate cost housing. F. Commercial, Industrial, or Residential Redevelopment. Review and make recommendations to the Council on matters the Council may request relating to major commercial, industrial, or residential redevelopments in the City. 1505.03 Representatives to Zoning Board of Appeals. All members of the Commission except student members are to continue as representatives of the Commission to the Zoning Board of Appeals. Any such representative is authorized to review and report, for or on behalf of the Commission, to the Zoning Board of Appeals on matters coming before the Zoning Board of Appeals. _....._... . Ordinance No. 2011-02 Page 9 1505.04 Membership. The Commission shall consist of nine regular and two student members, appointed with due regard to their fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Commission. 1505.05 Staff. The Planning Department shall coordinate staff services, including secretarial, to assist the Commission in its work. The Manager may assign additional City staff as needed. Staff shall keep and maintain a written record of the Commission's actions, resolutions, recommendations and findings which shall be a public record. Section 1506— Zoning Board of Appeals 1506.01 Establishment. There is continued a separate Zoning Board of Appeals ("Board") of the City, to serve as the board of appeals and adjustments pursuant to Minnesota Statutes 462.354, Subdivision 2. 1506.02 Powers and Duties. The Board shall have the power and duty of hearing and deciding, subject to appeal to the Council, the following matters: 1. Requests for variances from the literal provisions of Section 850 of this Code. 2. Appeals in which it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the interpretation or enforcement of Section 850 of this Code. 3. Requests for variances from the literal provisions of Section 1046 of this Code. 4. Requests for variances from the requirements of Section 815 of this Code. 1506.03 Membership. All members of the Planning Commission ("Commission") shall be members of the Board from time to time. At least one Commission member shall be in attendance at each Board meeting, and shall be deemed to be the representative of the Commission for purposes of review and report by the Commission as required by Minnesota Statutes 462.354, Subdivision 2. In addition, six regular members shall be appointed to the Board pursuant to Subsection 1500.04. 1506.04 Hearings. A quorum shall consist of three members as defined by Subsection 1506.03. At a maximum, the Board at a particular hearing shall consist of no more than five members. The Commission member in attendance with the longest continuous service on the Commission shall serve as chair for that particular hearing. The Board shall make no decision until the Commission or its representative has had reasonable time, not to exceed 60 days, to review the matter in question and report to the Board. 1506.05 Staff. The Planning Department shall furnish and coordinate staff services, including secretarial, to assist the Board in its work. The Manager may assign additional staff as needed. Staff Ordinance No. 2011-02 Page 10 shall keep and maintain a written record of the Board's actions, resolutions, recommendations and findings, which shall be a public record. Section 1507 - Park Board 1507.01 Establishment. The Council, in order to provide for a City park and open space system and a City recreation program does hereby establish the Park Board. 1507.02 Duties. The Park Board shall develop and review plans and advise the Council on the acquisition and development of parks and recreation facilities, and plan and make recommendations to the Council concerning park activities and recreation programs. The Park Board shall advise the Council on natural resource, wildlife management, and natural area preservation issues. The Park Board shall make and furnish studies, reports and recommendations as the Council may request. 1507.03 Membership. The Park Board shall consist of ten regular and two student members. One regular member shall also be a member of the Board of Education of Independent School District No. 273, appointed for a one-year term by the Board of Education with the consent of a majority of the Council. Section 1508 - Art Center Board 1508.01 Establishment. The Council, finding that the encouragement and enhancement of the arts in Edina is vital to the social and cultural well being of the City and its residents, does hereby establish the Art Center Board (the "Board"). 1508.02 Duties. The Board shall: A. Make recommendations regarding the operation of the Edina Art Center. B. Plan and recommend to the Council art activities and programs. C. Develop a long term plan directed towards fulfilling the needs and desires of Edina residents with respect to the arts. D. Recommend programs at the Edina Art Center that are responsive to community desires. E. Periodically report to the Council on matters pertaining to the Art Center and public art in Edina. F. Initiate and oversee fundraising activities that benefit the Art Center and public art in Edina. G. Represent the City at community functions pertaining to the visual arts and with similar bodies and organizations involved with the visual arts. H. Oversee the development and implementation of a public visual arts program in Edina. I. Perform other duties from time to time directed by the Council. 1508.03 Membership. The Board shall consist of ten regular and two student members, not more than three of which may be non-residents. 1508.04 Committees. The Board shall establish and appoint members to a Public Art Committee which shall be charged with establishing and implementing a public arts program in the City. The Public Art Committee shall be chaired by a person who shall be appointed by the Board chair with the Ordinance No. 2011-02 Page 11 consent of the Board. The Board may establish other committees for the purpose of carrying out other Board duties. Section 1509 - Transportation Commission 1509.01 Policy and Establishment. The Council finds that the creation and operation of a street and transportation system is an integral part of the long-term vision for the City. The Council also finds that congestion on the regional roadway system and the failure of that system to accommodate the continued growth in traffic volumes has created and exacerbated traffic volumes, speed and congestion on local streets; that such volumes, speed and congestion are adversely affecting the quality of life of the City's residents; that businesses located in the City are adversely affected by the inadequacy of the regional system to move people and goods; and that improving the local transportation system is consistent with the Comprehensive Plan and strategic plans of the City. Therefore, the Council hereby establishes the Transportation Commission (the "Commission"). 1509.02 Purpose and Duties. The Commission shall: A. Advise the Council on matters relating to the operation of the local street system with respect to traffic volumes, congestion, and functional classification, but not maintenance activities, of the City. B.Review and comment on plans to enhance mass transit opportunities in the City. C.Review the findings of the Local Traffic Task Force and offer recommendations for implementation. D. Evaluate methods for traffic calming and other speed and volume mitigation measures and recommend their implementation where appropriate. 1509.03 Membership. The Commission shall consist of nine regular and two student members, appointed from the different geographic areas of the City. One member of the Commission shall also be a member of the Bike Edina Task Force or any existing similar organization, or shall otherwise have an expertise or interest in bicycling as a mode of transportation. Section 1510 - Special Board of Appeal and Equalization 1510.01 Establishment; Powers and Duties. The Council does hereby establish a Special Board of Appeal and Equalization (the "Board") and all the powers and duties of the Council under Minnesota Statutes 274.01, Subd. 1, are hereby delegated to the Board. 1510.02 Membership. The Board shall consist of five regular members qualified by experience and training to pass upon matters pertaining to property valuations. At least one member shall be an appraiser, realtor, or another person familiar with property valuations in the City of Edina. At least one member of the Board must have attended the appeals and equalization course required by M.S. 274.014. Members shall be appointed for a one-year term. 1510.03 Rules and Procedures. The Board shall adopt such reasonable rules and procedures as are necessary and proper to carry out the powers and duties imposed by Minnesota Statutes 274.01. Ordinance No. 2011-02 Page 12 1510.04 Staff. The City Assessor or a designated staff member shall attend all meetings of the Board. A member of City staff shall serve as recording secretary. Section 1511 - Construction Board of Appeals 1511.01 Establishment. The Council does hereby establish the Construction Board of Appeals (the "Board") pursuant to Minnesota State Building Code ("MSBC"), Chapter 1300.0230, adopted by Section 410 of this Code. 1511.02 Powers and Duties. The Board shall: A. Fulfill the duties imposed upon it by MSBC Chapter 1300.0230. B. Consider appeals from any order, requirement, permit, decision, refusal or determination made by the Building Official or the Sanitarian in the application or interpretation of this Code regulating (i) construction, alteration, moving or demolition of buildings, (ii) the construction, installation, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, (iii) the installation, alteration or removal of electrical wiring and equipment, or (iv) excavations under Section 830. The Board shall not hear any appeal from, nor have any jurisdiction over, actions taken by any official of the City or under Section 470 of this Code, or any section of this Code enforced by means of the procedures set forth in Section 470 of this Code. C. Study and review new types of materials and methods of construction, and advise the Building Official and the Council as to the suitability of alternate materials and types of construction to assist in progressive development of the provisions of the building, plumbing, heating, gas piping, and electrical codes or sections of this Code, and to make recommendations relative to the Codes. D.Study and review from time to time the building, plumbing, heating, gas piping, and electrical codes or sections of this Code and similar code provisions applicable in communities surrounding the City and such other codes as may come to their attention, and recommend to the Council such new legislation as the Board may deem desirable. E. Consider matters referred to the Board by the Council or by the Building Official and make recommendations relative to them. 1511.03 Waiver of Requirements. In considering any appeal, the Board, if not prohibited by State Law, may waive any requirement of any of the Code provisions therein referred to, but only if the reason for such requirement does not exist because of the unusual use, location or type of construction of the structure, or if it is demonstrated to the satisfaction of the Board that the purpose of such requirement is met by other means or methods. The Board, in granting any waiver of water or sewer connections required by Section 445 of this Code, shall also make the findings of hardship and non-detriment required by Subsection 445.05 of this Code, and shall condition its waiver on delivery to the City of the agreement required by Subsection 445.05. Ordinance No. 2011-02 Page 13 1511.04 Appeals. A. To Board. Appeals to the Board authorized by Subsection 1511.02 shall be made by filing a written appeal with the Building Official within 30 days of the date of the order, requirement, permit, decision, refusal or determination being appealed. The appeal shall fully state the order, requirement, permit, decision, refusal or determination appealed from, the facts of the matter, the date thereof, and the mailing address of the appellant. Upon the filing of such appeal, the Board shall set a hearing date, give notice of the date, hold a hearing, provide for a record of its proceedings and make its order on the record, all in the same manner as provided for appeals to the Zoning Board of Appeals as set out in Section 850 of this Code. B. To Council. Appeals from any order or decision of the Board may be taken to the Council, and shall be heard and decided by the Council, in the same manner as appeals from decisions of the Zoning Board of Appeals as set out in Section 850 of this Code. 1511.05 Membership. The Board shall consist of five regular members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex-officio member of and shall act as secretary to the Board, but shall have no vote on any matter before the Board. 1511.08 Change of Name. All references in all sections of this Code to the Building Construction Appeals Board or to the Building Construction Codes Commission shall mean and refer to the Board of Appeals created by MSBC Chapter 1300.0230, and called the Construction Board of Appeals in this Code. SECTION 3. This ordinance is effective immediately upon its passage a d publication. First Reading: February 1, 2011 Second Reading: Waived Published: February 10, 2011 1 I Attest I l Debra A. Mangen, City Clerk -_- amps B. Hovland, Mayor City of Edina attach clipping (Feb 10,2011)DI Ord.#2011-02 Investigate matters within the scope of the particular board or commission or as specifically directed by the Council. newspapers viewpoint theor advice ofcommunicating e boardorcom- mission. or advice of the board or com- mission. AFFIDAVIT OF PUBLICATION At the direction of the Council,hold hear- Inge;receive evidence,conduct Invesn- STATE OF MINNESOTA ) gations,and,on the basis of such hear- ss. Icisrecomeynahe decisioand recommendationss tothe COUNTY OF HENNEPIN ) Council. E.Advisory Role.A board or commission Richard Hendrickson, being duly sworn on established by the council may shall not an oath,states or affirms that he is the Chief assume the role of an administrative or legislative body. Financial Officer of the newspaper(s)known 1500.02 Cooperation of City Officials as Subject to Direction of City Manager. Edina Sun-Current The Manager may make available City staff members to record and prepare minutes of board and commission meet- Ings.Such staff members shall perform only such cieroal dunes on behalf of a and has full knowledge of the facts stated board or commission as provided in the bylaws of that board or commission or as below: assigned by the chairperson with the (A)The newspaper has complied with all of consent of the Manager.The Manager may assign additional staff to assist a the requirements constituting qualifica board or commission. tion as a qualified newspaper as provid- 1500.03 Membership ed by Minn. Stat. §331A.02, §331A.07, A.Regular members.Regular members and other applicable laws as amended. of boards and commissions established The public notice that is attached by the Council shall be adult residents of (B) printed P the City unless otherwise expressly stat. was published in said newspaper(s) ed by ordinance.Members who discon- tinue legal residency in the City shall au- once each week,for one successive tomatically be deemad to have resigned week(s);it was first published on Thurs- from.fficeasofthedate ofsuch discon- day,the 10 day of February I tinuance. 2011, and was thereafter printed and s Student members residents and en i f Edna published on every Thursday to and in- Cfty orun time in a secondary school:Student Official Publication) members shall be non-voting, eluding Thursday, the day of ORDINANCE NO.2011-02 1500.04 Appointment and Terms of 201 1;and printed AN ORDINANCE AMENDING THE Membership below is a copy of the lower case alpha- EDINA cm CODE, A. Reguler Members.Board and corn bet from A to Z, both inclusive, which is CONCERNING BOARDS AND mission members shell be appointed bbyy COMMISSIONS majority vote of the Council and shail hereby acknowledged as being the size THE CITY OF EDINA ORDAINS: serve terms of membership not to ex. and kind of type used in the composition SECTION 1.The Edina City Code Is ceed three years per term.Each member and publication Of the notice: amended by deleting Sections 121 140, Is eligible to serve two three-year terms, 146,160,400,601,905,1220,1221,and except for members of the Planning 1225,subsection 700.03 and subsection Commission,who are eligible to serve abcdefghijklmnopgrstuvwxyz 650.04.Subd. 1.A and 1.5 of the City three three-year terms. A member in Code. good standing shall serve until a succes- SECTION 2.The Edina City Code is sor has been appointed. amended by adding Chapter 15 to pro- S.Student Members.Student members vide as follows: shall be appointed by majority vote of the Council and shall serve terms of mem BY: CHAPSIONS ER 15.BOARDS AND COMMIS- bership not to exceed one year per term. C.Resignation and Removal.Members CFO Section 1500—General Provisions shall serve without Compensation and 1500.01 Establishmentmay resign voluntary by letter or e-mail to the City Clerk or be removed by ma. A.Authority to establish. Pursuant to jority vote of the Council or pursuant to Subscribed and sworn to or affirmed Minnesota Statutes 412.621,and other subsections 1500.03 or 1500.09. before me on this 10 day of Herein lire Councti establishes or cocited- D Vacancies.Vacancies in membership February ues the following boards and commis- shall.be filled by majority vote of the , 201 1. siOns to advise the Council with respect Council for the balance of the unexpired to municipal functions and activities and term. to investigate subjects of interest to the E.Term of Appointment to Fill Vacancy.A City person appointed to fill a vacancy shall B.How Established.A board or commis- be eligible to serve two(or for Planning CCC sion may be established by a majority Commission,three)full terms in addition Notary Public vote of the Council.An ordinance shall to the balance of the unexpired term. adopted prescribing the purpose,duties, F.No Concurrent Membership.No per- and oomposnlon of the board or commis- son may serve concurrently on more than sion. one board or commission. C.Subject to Provisions in This Chapter: G.Staggered Terms.Terms of member- =NIOTARY A I H E L K E N N All boards and commissions established ship shall be staggered so that no more UHLIC-111NNESOTA bbyy the Council shall be subject to the pro- than one-half of the terms on a board or vlskxrs of this Chapter,unless otherwise commission expire In any particular year. EHplres dmt.J1.2015 specified InCRY ordinance orState law. 1500.05 Committees and Subcommit- D.Purposes and Dunes Generally. All tees boards and commissions established by the CounCll"shell be advisory to the a A.Establishment.Aboard or commission the Council and shall have the responsibility may,with specific approval of the Coun- to: Legal Notices contlnued on next page In the Community,With the Community,For the Community www.minrdocal.com LEGAL NOTICES cil or pursuant to its bylaws, establish shall not apply to attendance at special appliances,and other energy reduction by reviewing applications for City permits heritage preservation ct committees, subcommittees, commit- meetings,or of meetings of committees targets. in relation to properties designated as g Develooand maintai sive plan f tees of the whole or working groups that or subcommittees,including committees g Examine and recommend changes in Edina Heritage Landmarks;and by en- r heritage re; era- cou include members of the board or com- of the whole,established by a board or City Government purchasing and opera- the preservation, rehabilita- tion plan ensure that Corr mission and additional persons as re- commission pursuant to Subsection tions to conserve ener tion, restoration, and reconstruction of to quested by the board or commission. 1500.05. energy. significant heritage resources through ment policies and decis B. C.Evaluate and monitor the provision of public education. City's heritage and pron to Prohibition.A committee,s r o working (2)The requirements b this subsection a residential recycling program. of heritage resources. tee,committee of the whole or working shall not apply to members of the Hous- 1504.03 Definitions. Unless other- group may not engage in activities,func- ing and Redevelopment Authority of D.Evaluate and monitor the provision of wise stated,or unless the context clearly C.Conduct an ongoing tions,or duties outside the scope of au- Edina,the East Edina Housing Founda- a privately provided solid waste program, indicates a different meaning,the words buildings,sites,structur thority granted to the board or commis- tion or the City Council. as well as a reduction in municipal solid or phrases in the following list of defini-_ districts and maintain ar sion by which it was established. D.Annual Review.The Council shall con- waste produced by Edina residents and tions shall,for the purposes of this chap- heritage resources in th indicated:have the meanings ter,, s 1500.06 Organization and Bylaws duct an annual review of the attendance bus9 D.Conduct evaluations A. Bylaws. Each board or commission of members of boards and commissions E. Evaluate and encourage improve- Certificate of Appropriateness.A certifi- eligibility of heritage resp y established by the Council. ments in air and water uali cate issued b the Ci Planner and at- nation as Edina Heritag shall adopt and be governed by such by- 9 Y laws as shall be necessary and desirable E. Vacancies. The successor to any F.Promote the establishment of targets tacked to it City permit evidencing com- E.Nominate heritage re for the conduct of its activities. Bylaws member of a board or commission who g plane with the City's comprehensive by th on City Edina Herif Y for the reduction of greenhouse gas heritage preservation plan. b the Ci Council. shall be subject to review and approval by has been removed pursuant to this sub- emissions produced by the City's build- y � the Council. section shall be appointed pursuant to ings,equipment and operations. City Planner.City staff member respon- F.Review City permit at B.Chairperson.Each board or commis- Subsection 1500.04. G.Educate the public about energy is-sues, sible for zoning administration. lation to Edina Heritage P Sion annually shall elect from its mem- Section 1501-Human Rights and Rela- sues,reduction,conservation,reuse,re- Comprehensive Heritage Preservation make recommendations bers a chairperson and vice-chairperson tions Commission cycling and environmental protection. Plan.The official guide plan'for imple- ner with respect to iss to serve a term of one year.No person menting the City's heritage resource cates of appropriatenes: shall serve more than two consecutive 1501.01 Policy Statement. It is the pub- H.Examine and promote renewable en- preservation policies, adopted by the G.Review and make re one-year terms as chairperson of a par- lic policy of the City of Edina to: Iergy options for transportation,heating, Council,that establishes goals and prior- board or commission. A.Secure for all of the residents of the and cooling,and other uses. g P m the Planning Commis 9Y hies and integrates heritage preservation ment projects that affect 1500.07 Meetings City freedom from discrimination be- 1502.03 Membership.The Commission with other planning data. ignated heritage landr g g cause of race,color,creed,religion,age, dent emist of ten regular and two Stu- Edina Heritage Landmark.Any heritage landmarks.mined eligble jor design. A.Regular Meetings.All board and com- sex, sexual orientation, marital status, resource so designated by the Council mission meetings are open meetings disability,status with regard to public as- subject to the Minnesota Open Meeting sistance,familial status or national origin Section 1503—Community Health Com- that is significant in history,architecture, H.Inform and educate c Law(Minnesota Statutes 13D)and shall in connection with employment,housing mittee archeology,or culture and therefore wor- City's heritage and the bi be held at a fixed time,on a fixed date and and realproperty, thy of preservation and consideration in vation. vic public accommoda- 1503.01 Establishment.The Council, City planning. in a fixed place as shall be determined by tions,public services,credit and educa- acting as the Community Health Board I.Develop regulatory ar the board or commission.The City Clerk tion. pursuant to Minnesota Statutes 145A Evaluation.The process of determining grams that facilitate he shall give notice of all board and com- g Support the home,family and human and Section 700 of this Code,hereby es- whether identified heritage resources tion. mission meetings as required far meet- relations in the City. tablishes the Community Health Com- meet defined criteria of historical,archi- ings of public bodies. mittee. tectural,archeological,or cultural signifi- J.Adopt rules of proce B.Public Comment.All board and com- C Cooperate with the State Department cane. Council approval, to gt, mission meetings shall include sched- of Human Rights,the Minnesota League 1503.02 Purpose and Duties.The Com- deliberations. g of Human Rights Commissions and other munity Health Committee shall study and Heritage Preservation Board.The her- uled time for public comment. agencies in their programs of human advise the Community Health Board reg- stage preservation advisory commission K.Prepare an annual ref C.Meetings Conducted According to By- rights. ularly on community health activities de- appointed by the Council. cil, describing the Boar laws.All meetings shall be conducted ac- signed to protect and promote the health Heritage Resource. An prehistoric or mento during the past yr cording to the bylaws of the board or 1501.02 Establishment and Purpose.To of the population b emphasizing the re- g Y P ng goals and objective: promote and help implement the above P P Y P 9 P historic building,site,structure,objector year. commission. policies,the Council hereby establishes tendon b disease,injury,disability,and district that has historical,architectural, P Y of death through the promotion archeological,or cultural value to the cit- 1504.05 Membershil 1500.08 Meeting Minutes the Commission Human "Commission").htsadRelations of effective coordination and use of com- izens of Edina,the State of Minnesota,or A.The Board shall cons A.Official Record.Approved minutes of ( munity resources and by extending the United States. lar and two student men board or commission proceedings shall 1501.03 Duties. The Commission shall: health services into the community. be public record;the Ci shall retain a Preservation.The act or process of ap- shall have a demons copof the official minutes of each board g 1503.03 Membership. The Community plying measures to sustain the existing knowledge, ability or e A.Advise the Council on matters relatin Health Committee shall consist of nineintegrity, ita a reservation. At le, or commission meeting in accordance to discrimination and human relations re- form,structure, and material of 9 P with applicable state law. (erred to herein. regular and two student members.Mem- a heritage resource. shall e a qualified pr l hi PP bets shall include,if possible,providers architect,architectural hi B. Recording. A board or commission B. Implement such programs of educa- and consumers of health care services. Reconstruction.The act or process of re- ogist,planner,or the owt may appoint from its membership a sec- tion and community action which are de- producing by new construction the exact landmark property. Y PP P 1503.04 Subject to General Provisions form and detail of a vanished buildin retary to record and prepare meeting signed to effectuate the public policy stat- Governing Boards and Commissions. g' B.Edina Historical Sock minutes.Minutes so recorded shall be re- ed in Subsection 1501.01 and which g structure,or object as it appeared during viewed and approved b the board or have been approved by the Council. The membership and operations of the a specific period of time. A member of the Board PP Y Community Health Committee shall be ber of the Edina Historic commission and a copy forwarded to the C.Cooperate with the State Department governed by Section 1500 of this Chap- Rehabilitation.The act or process of re- City Clerk.In the alternative,the Manag- of Human Rights, the State League of ter, turning a heritage resource to a state of C. County Historical St er may make available to the board or Human Rights Commissions and other utility through repair or alteration that ship.A member of the E commission a member of City staff to agencies and programs that relate to the Section 1504- Heritage Preservation makes possible an efficient contempo- member of the Hennepir serve as secretary to record and prepare public policy stated herein. Board rary use while preserving those portions cal Society. meeting minutes. D. Investigate,study,report and under- 1504.01 Policy and Establishment.The or features of the property which are sig- 1504.05 Professional St C. Distributed to City Council:Official take other functions as are assigned to Council finds that historically significant nificant to its historical, architectural, er shall provide the Bot minutes of each board or commission local commissions under and pursuant to buildings,sites, structures, objects and archeological,or cultural values. sional staff with expert meeting shall be distributed to the Coun- Minnesota Statutes 363, and to dis- districts represent scarce, non-renew- Restoration.The act or process of accu- preservation. cil prior to approval firs regular minutes the charge its duties under M.S.363 with re- able assets for resources esourc este of re critical hat rately recovering the form and details of 1504.07 Repository for C 9 PP Y gard to specific matters referred to it bycommunityP a heritage resource and its setting as it office of the Manager sh; board or commission. the State Commissioner of Human heritaublicservt serviceation is an and ti legitimate mportant appeared at a particular period of time by itory for all minutes, re 1500.09 Attendance Requirements Rights or filed with it by individuals. bili of Ci government; and that the means of removal of later work or by the plans and other official p. preservation,g protection and enhance- replacement of missing historic features. duced by the Board. 1501.04 Membership.The Commission A.Purpose.To assist boards and com- missions in fulfilling their purposes and shall consist of nine regular and two stu- ment of significant heritage resources for Significance.The heritage preservation Section 1505-Planning duties and to ensure that they are not dent members. the benefit of present and future citizens value of buildings,sites,structures,ob prevented from doing so by the repeatedSection 1502-Energy and Environment is a public necessity.Therefore,pursuant jects,and districts that are linked to im- 1505.01 Establishmc absence of their members,the Council Commission to Minnesota Statutes §471.193, the portant historical events or persons. or Hing Commission(the"C hereby establishes an attendance policy Council continues the Heritage Preser- that represent notable expressions of ar- the City is to continue. I for members serving on boards and com- 1502.01 Policy and Establishment.The vation Board(the"Board")as the City's chitecture or engineering, or that have the planning agency witt missions. Council,recognizing the need to support heritage preservation commission. yielded important information about pre- of Minnesota Statutes 4 and advance environmental protection, history or history. 462.364. In such capaci B.Removal:An member of a board or 1504.02 Purpose. The Board shall sion shall be advisor to commission established r the Council conservation efforts including energy assist and advise the Council,Manager, Survey.The physical search for and y Y conservation,and waste reduction,and and other Ci boards and commissions recording of heritage resources that re- 1505.02 Powers, Dt who fails to attend three consecutive reg- to improve thereby the overall welfare of City g g ular meetings,or who fails to attend at the citizens of the City,does hereby es- on all matters relating to heritage re- suit in es inventory of buildings, sites, sponsibilities. The Comr least 75%of the scheduled meetings in tablish the Energy and Environment source preservation,protection and en- structures,objects and districts worthy of A Comprehensive Plar an calendar year, whether regular or hence mita The Board shall safeguard consideration in City planning. Y Y 9 Commission(the"Commission"). view,and make recomm, joint work sessions with the Council,shall the significant heritage resources of the 1502.02 Duties.The Commission shall: City by identifying significant heritage re- 1504.04 Duties and Responsibilities.The Council as to the d in Se be deemed to have resigned as a mem- ty g g g Board shall: the City,as defined in Se ber of the board or commission. sources and nominating them for desig- Code,or an other sectic A.Examine and recommend best prac- nation by the Council as Edina Heritage A. Advise the Council, Manager, and including,but not limitec C.Exceptions. tices for energy conservation for Edina's Landmarks;by developing and maintain- other City boards and commissions and plan,a transportation ie (1)The requirements of this subsection "gtizens and businesses,reen"building code,use of Energy Star ing a comprehensive preservation plan; provide leadership for implementing the facilities pla , a capital 9 9 9Y ,eb.10,2011-Edina Sun-Cuffent _.19 program,a parks and open space plan, and a housing plan,with recommenda- tions as to plan execution. B. Platting. Review and make recom- e mendations to the Council as to all pro- p posed plats and subdivisions,as defined in Section 810 of this Code, in accor- dance with the provisions of Section 810 is and State law. d e C.Zoning.Review and make recommen- dations to the Council as to all proposed amendments to Section 850 of this Cade, 'e in accordance with the provisions of Sec- tion 850 and State law. D. Heritage Preservation. Review and make recommendations to the Council cs as to the reports and recommendations of the Heritage Preservation Board re- garding preservation of lands and build- ings of historical,architectural,cultural, n- and educational significance pursuant to fi- Subsection 850.20 and Section 1504 of this Code. Is E.Low and Moderate Cost Housing.Re- p_ view and make recommendations to the s_ Council as to matters referred to it by the ;r_ Council relating to the provision of low je and moderate cost housing. F Commercial,Industrial,or Residential ie Redevelopment.Review and make rec- ,r_ ommendations to the Council on matters the Council may request relating to major commercial,industrial,or residential re- 'o- developments in the City. ,a_ 1505.03 Representatives to Zoning Board of Appeals.All members of the to Commission except student members J's are to continue as representatives of the Commission to the Zoning Board of AP- in- peals. Any such representative is autho- ,h- rrzed to review and report,for or on be- nt- half of the Commission,to the Zoning ng Board of Appeals on matters coming be- fore the Zoning Board of Appeals. 1505.04 Membership.The Commission shall consist of nine regular and two stu- ju- dent members,appointed with due re- 3rs gard to their fitness for the efficient dis- st, patch of the functions,duties, and ve- er- sponsibilities vested in and imposed ger upon the Commission. an, 1505.05 Staff.The Planning Department a01- shall coordinate staff services,including ige secretarial,to assist the Commission in its work.The Manager may assign addi- iip. tional City staff as needed. Staff shall :m- keep and maintain a written record of the Commission's actions, resolutions, rec- ommendations and findings which shall ier- be a public record. ea ori- Section 1506—Zoning Board of Appeals 1506.01 Establishment.There is contfn- ag- ued a separate Zoning Board of Appeals fes- ("Board") of the City, to serve as the age board of appeals and adjustments pur- suant to Minnesota Statutes 462.354, The Subdivision 2. ros- 1506.02 Powers and Duties.The Board ies, shall have the power and duty of hearing pro- and deciding, subject to appeal to the Council,the following matters: 1.Requests for variances from the literal Ian- provisions of Section 850 of this Code. ")of 2.Appeals in which it is alleged that there B as is an error in any order,requirement,Be- ning cision or determination made by an ad- ugh ministrative officer in the interpretation or mis- enforcement of Section 850 of this Code. 3.Requests for variances from the literal Re- provisions of Section 1046 of this Code. 11: 4. Requests for variances from the re- re- quirements of Section 815 of this Code. the .1506.03 Membership.All members of the in of f this Planning Commission ("Commission") ode, shall be members of the Board from time use to time.At least one Commission mem- unity ber shall be in attendance at each Board ents meeting,and shall be deemed to be the