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Virginia, MN Code of Ordinance
VIRGINIA, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER OF THE CITY OF VIRGINIA, MINNESOTA
CHAPTER 1: GENERAL PROVISIONS AND DEFINITIONS APPLICABLE TO THE ENTIRE CITY CODE INCLUDING PENALTY FOR VIOLATION
CHAPTER 2: ADMINISTRATION AND GENERAL GOVERNMENT
CHAPTER 3: MUNICIPAL AND PUBLIC UTILITIES - RULES AND REGULATIONS, RATES, CHARGES AND COLLECTIONS
CHAPTER 4: CONSTRUCTION PERMITS AND REGULATION
CHAPTER 5: ALCOHOLIC BEVERAGES LICENSING AND REGULATION
CHAPTER 6: OTHER BUSINESS REGULATION AND LICENSING
CHAPTER 7: STREETS AND SIDEWALKS GENERALLY
CHAPTER 8: TRAFFIC REGULATIONS
CHAPTER 9: PARKING REGULATIONS
CHAPTER 10: PUBLIC PROTECTION, CRIMES AND OFFENSES
CHAPTER 11: LAND USE REGULATIONS (ZONING)
CHAPTER 12: SUBDIVISION REGULATIONS (PLATTING)
CHAPTER 13: REGULATING TREE/SHRUB PLANTING AND MAINTENANCE
CHAPTER 14: CREATION OF JOINT POWERS AUTHORITY BETWEEN VIRGINIA AND EVELETH
CHAPTER 15: ROTARY PARK
CHAPTER 16: EMERGENCY MANAGEMENT
CHAPTER 17: PROPERTY MAINTENANCE AND PRESERVATION CODE
CHAPTER 18: VACANT BUILDING REGISTRATION
CHAPTER 19: RESERVED
CHAPTER 20: MISCELLANEOUS ORDINANCES
PARALLEL REFERENCES
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§ 2.10 PROHIBITED EMPLOYMENT.
   (A)   Prohibition. No person holding or occupying any elective office of the city shall be employed by the city within one year from the date that the person leaves the elective office.
   (B)   Exception. The Council shall determine, by unanimous vote of the full Council, that if a former office holder should be employed by the city within the aforementioned one-year period as being in the best interests of the city, and that there has not been, nor exists, any conflict of interest arising from the official’s actions while occupying office, then the city may employ the former official during this year period.
(Ord. 114, effective 5-14-1977)
§§ 2.11 THROUGH 2.29 RESERVED FOR FUTURE EXPANSION.
§ 2.30 BOARD OF APPEALS.
Editor’s note:
   The Board of Appeals is provided for in City Code, §§ 11.50(C)(1) and 17.12.
§ 2.31 JOINT AIRPORT AUTHORITY.
   (A)   Establishment and composition. There is hereby created pursuant to M.S. § 360.042, and acts amendatory thereof, a Joint Airport Authority to be known as the Eveleth-Virginia Airport Authority, composed of six members, three of whom shall be appointed by a majority vote of the City Council of the City of Eveleth, and three of whom shall be appointed by a majority vote of the City Council of the City of Virginia. Two members shall be City Council persons, appointed by a majority vote of the City Council of the City of Eveleth, and two members shall be City Council persons, appointed by a majority vote of the City Council of the City of Virginia. The members of the Authority shall serve without compensation.
(Amended 7-15-1991)
      (1)   Each city may appoint a City Council member as an alternate to attend the Authority meetings in the absence of one of their City Council members.
      (2)   Pursuant to M.S. § 360.042, the members of the Joint Airport Authority must include inhabitants of the Cities and the members of the Joint Airport Authority must be appointed by the governing body of each City in the manner set forth in the Joint Powers Agreement.
      (3)   Quorum. One member of the Eveleth City Council and one member of the Virginia City Council must be present at a meeting, along with two other members from either city to constitute a quorum of the Authority.
   (B)   Term of office. Effective September 8, 2020, the current members’ of the Authority terms shall end and new members shall be appointed effective September 8, 2020. City Council persons’ terms shall be for one year with the first term expiring December 31, 2021. The term of the remaining members shall be one year with the first term expiring December 31, 2021. If a member vacates his/her position before the end of his/her term, a replacement shall be appointed by a majority of the City of Eveleth or City of Virginia City Council and shall serve the remaining portion of that term. A member may be removed at any time, with or without cause, by resolution of the City Council making the appointment. The resolution removing the member must be filed with the Secretary.
   (C)   Officers. The Joint Authority shall elect one of the appointed City Council persons to be Chairperson of the Authority, one of the appointed City Council persons to be Vice-Chairperson and shall appoint a Secretary and Treasurer who must be members of the Authority. The officers so elected or appointed shall hold office for the term of one year and until their successors are appointed and qualified. The first terms will expire December 31, 2021.
   (D)   Duties and powers of the Authority.
      (1)   The Authority shall have full authority and responsibility for the maintenance, management and regulation of the Eveleth Municipal Airport.
      (2)   The Authority shall oversee construction at the airport, with prior approval of Eveleth City Council and Virginia City Council.
      (3)   The Authority shall not acquire necessary property for and to establish, construct, enlarge, improve, maintain, equip, operate and regulate and take over air navigation facilities and airport protection privileges to be acquired, controlled and operated by without prior approval of the Eveleth City Council and the Virginia City Council.
      (4)   The Authority, with prior approval of the Eveleth City Council and the Virginia City Council, may enter into contracts with the county pursuant to M.S. Ch. 303.
      (5)   Rules and regulations provided for by M.S. § 303.17(3), as it may be amended from time to time, may be adopted by the Authority, but shall be enacted only after approval by the respective city councils, pursuant to the provisions of M.S. § 303.20, as it may be amended from time to time.
      (6)   No real property, other air navigation facility or air protection privileges, shall be disposed of by the Authority by sale or lease or otherwise, except by authority of both city councils.
      (7)   The Authority may lease space, area or improvements and grant concessions for aeronautic purposes or purposes incidental thereto subject to the provisions in M.S. § 303.17(4), as it may be amended from time to time.
      (8)   The Authority, with prior approval from the City Council of Eveleth and the City Council of Virginia, shall have authority to hire or retain professional services (which includes the Airport Manager and Fixed Base Operator and Airport Engineer) that may be necessary for maintenance and management of the Airport. The City of Eveleth or City of Virginia will provide a staff person to be the Authority Coordinator. Such Authority Coordinator will be paid by the Authority at a rate agreed upon by the City of Eveleth and City of Virginia.
      (9)   The Authority shall set the hangar land lease rates for commercial and non- commercial hangars land lease agreements, and lease rates for the airport buildings, all subject to prior approval from the City Council of Eveleth and the City Council of Virginia. All lease agreements are subject to prior approval from the City Council of Eveleth and the City Council of Virginia.
      (10)   Conflict of interest. No member of the Authority shall have an immediate familial, employer, or employee relationship with the Airport Manager, Fixed Base Operator, Airport Coordinator, fiscal agent for the city, or the City Council of Eveleth or the City Council of Virginia.
      (11)   Signatures. The Authority Chairperson, Authority Secretary, or Fiscal Agent representative may sign all documents and correspondence on behalf of the Authority.
      (12)   The Authority shall keep and maintain full and complete financial records including a perpetual inventory of all property, real and personal, showing the approximate date acquired and the cost thereof. The fiscal agent for the Authority shall be either the City of Eveleth or the City of Virginia.
   (E)   Contributions to capital costs. The City of Eveleth and the City of Virginia, subject to qualifications hereinafter set forth, shall contribute equally to that portion of the cost of additional lands that may be added to the present Eveleth Municipal Airport and the capital cost of construction improvements and development of the airport which is not covered by the county of St. Louis, state and federal contributions thereto. Title to the present airport shall remain in the City of Eveleth and title to any additions thereto shall be taken in the names of the City of Eveleth and of the City of Virginia and the cities shall share equally in the ownership thereof.
(Ord. 74, effective 10-6-1951)
   (F)   Operating costs. The City of Eveleth and the City of Virginia shall share equally in the cost of maintaining and operating the airport and all additions thereto. Neither city shall charge the Authority any rentals or other compensation for the use of airport, easements or airport facilities, now or hereafter acquired or installed.
   (G)   Budget. The Authority shall, each year prior to August 1, prepare a budget for financing the airport for the ensuing calendar year. A copy of the budget shall, not later than August 1, be furnished to the City Council of the City of Eveleth and the City Council of the City of Virginia and shall contain the following items:
      (1)   Estimated revenues divided as follows:
         (a)   Federal and state grants;
         (b)   Contributions from the City of Eveleth;
         (c)   Contribution from the City of Virginia;
         (d)   Contribution from the County of St. Louis;
         (e)   Contributions from the State of Minnesota;
         (f)   Contributions from the United States of America;
         (g)   Miscellaneous revenues.
      (2)   Estimated expenditures:
         (a)   Personnel services;
         (b)   Services other than personnel;
         (c)   Supplies and maintenance;
         (d)   Equipment;
         (e)   Real estate and improvements;
         (f)   Miscellaneous expenditures; and
         (g)   Capital funds for approved projects.
      (3)   Final decision of the respective City Councils as to requested contributions shall be reported to the Authority which shall adjust its budget if necessary so that its budget may at all times be balanced. If either City Council fixes its contribution at less than one-half of the amount requested by the Authority, the contribution of the other shall be proportionately reduced unless the latter shall decide to pay a larger portion of the total contributions. Money not expended in the budget may be earned over to the following year.
      (4)   The Authority shall not have power to levy taxes or borrow money and it shall not approve any claim or incur any obligations for expenditures unless there is unencumbered cash in the appropriate airport fund to the credit of the Authority with which to pay the same. If there are any surplus revenues over the cost of maintenance and operation costs, the Authority may, if it so elects, instead of carrying over the same to the following year, return the same to the respective cities and county in the same proportion as they were contributed by the cities and the county.
   (H)   Finances. All receipts belonging to the Authority shall be deposited in a bank selected by the City of Eveleth and the City of Virginia, and credited to the account of the Joint Airport Authority. No disbursements shall be made, except by check in a manner as the Authority may determine, nor unless a verified claim for services and commodities actually rendered or delivered as fees shall be submitted to and approved for payment by the Authority, and authenticated by the signature of the Chairperson or Treasurer of the Authority and the Administrator for the fiscal agent. An audit of the funds of the Authority shall be made annually. Such audits may be made of the funds of either the City of Eveleth or the City of Virginia.
   (I)   Reports. The Authority as soon as possible after the end of each calendar year shall prepare and present to each City Council a comprehensive report of its activities and finances. The Authority shall also prepare and present federal and state officials with reports as may be required by law, regulation or contract.
   (J)   Disposition of property upon termination. This section when adopted by the City Council of the City of Virginia and when a concurrent ordinance is adopted by the City Council of the City of Eveleth shall constitute a contract between the cities, and shall remain in full force and effect for 20 years thereafter; provided, however, that, the provisions thereof, except as to the duration of the contract, may be amended by mutual agreement of said cities. Thereafter, it shall continue in force from year to year. If either city desires to terminate the joint operation of the airport and the Joint Authority, it shall notify the other city to that effect and the City of Eveleth and the City of Virginia shall dispose of all property which may have been acquired including surplus fluids in manner that shall then be agreed upon. The City of Eveleth shall, at all times, retain title to the lands, easements and structures presently included in the Eveleth Municipal Airport. If no agreement as to disposition of additional acquired lands, property and facilities is reached within three months after termination of the plan for joint operation of the airport, the respective City Councils shall each appoint some person who may be a city official, as its representative and the Minnesota Commission of Aeronautics shall appoint a third person who shall together compose an advisory Board for the disposition of the airport property. This Board shall, as soon as possible, prepare and recommend to the City Council of each city a complete plan for the disposition of all additional lands, structures and facilities acquired subsequent to the passing of this section.
   (K)   Consideration abandonment of Virginia Airport. In consideration of passage of an ordinance by the City of Eveleth vesting in the Joint Airport Authority the management and operation of the present Eveleth Municipal Airport so that the Airport and its facilities are available to both cities, the City of Virginia hereby abandons the Virginia Municipal Airport, and from and after 12-31-1951, the airport shall be closed and it shall cease to operate and function as an airport and the use of the land for airport purposes shall, on that date, be discontinued.
(Ord. 74, effective 10-6-1951; Am. Ord. passed 2-26-2019; Am. Ord. passed 9-8-2020)
§ 2.32 HUMAN RIGHTS COMMISSION.
   (A)   Policy and purpose. It is the public policy of the city to fulfill its responsibility as a partner of the state’s Department of Human Rights in securing for all citizens equal opportunity in housing, employment, public accommodations, public services and education and to work consistently to improve the human relations climate of the city. The purpose of the Commission is to secure for all citizens equal opportunity in employment, housing, public accommodations, public services and education and full participation in the affairs of the community by assisting the state’s Department of Human Rights in implementing the state’s Act Against Discrimination, being M.S. §§ 363A.01 et seq. and by advising the city on long range programs to improve community relations in the city.
   (B)   Establishment and composition. A Human Rights Commission is hereby established. Members of the Commission shall be appointed with due regard to their fitness for the efficient dispatch of the functions, powers and duties vested in and imposed upon the Commission.
   (C)   Duties and responsibilities. In fulfillment of its purpose, the Commission’s duties and responsibilities shall be to:
      (1)   Adopt bylaws and rules for the conduct of its affairs including the election, assumption of duties and definition of responsibilities of officers and committees;
      (2)   Draft a memorandum of agreement with the state’s Department of Human Rights for the purpose of determining regulatory and enforcement procedures;
      (3)   Enlist the cooperation of agencies, organizations and individuals in the community in an active program directed to create equal opportunity and eliminate discrimination and inequalities;
      (4)   Formulate a human relations program for the city to give increased effectiveness and direction to the work of all individuals and agencies addressing themselves to planning, policy making and educational programming in the area of civil and human rights;
      (5)   Advise the Mayor, the Council and other agencies of the government on human relations and civil rights problems. Act in an advisory capacity with respect to planning or operation of any city department on issues of civil and human rights and recommend the adoption of such specific policies or actions as are needed to provide for full equal opportunity in the community; and
      (6)   Develop in cooperation with the state’s Department of Human Rights such programs of formal and informal education as will assist in the implementation of the state’s Act Against Discrimination and provide for the Commission’s assumption of leadership in recognizing and resolving potential problem areas in the community.
   (D)   Handling reports of discrimination.
      (1)   Definition. An unfair discriminatory practice is any act described in § 363.03 of the state’s Human Rights Act.
      (2)   Option. Anyone may report information of an unfair discriminatory practice to either the Commission or the state’s Department of Human Rights, as specified in § 363.116 of the state’s Human Rights Act: “The charging party has the option of filing a charge either with a local commission or the department. The exercise of such choice filing a charge with one agency shall preclude the option of filing the same charge with the other agency. At the time a charge comes to the attention of a local agency, the agency or its representatives shall inform the charging party of this option, and of his rights under this act”.
      (3)   Principles. In handling reports of discrimination, the Commission shall make every effort to find solutions that improve human relations in the city, that do not increase polarization of citizens, and that respect the rights of all parties to any charge of discrimination. The more formal and specific the charges, the more formal the procedures for handling the matter. The Commission’s primary role is advisory and persuasive; it does not possess some of the quasi-judicial functions of the state’s Department of Human Rights.
      (4)   Investigation. Commissioners as assigned by the Chairperson shall investigate any report of an unfair discriminatory practice to determine whether there is probable cause to believe that any allegation of unfair discrimination is well founded. The Commission shall immediately endeavor to eliminate any unfair discriminatory practice or to resolve the matter by conciliation and persuasion. The Commission shall carry on such activities in consultation with the City Attorney’s office.
      (5)   Commission review. Reports will be made at each Commission meeting on the progress of all current investigations of reports of discrimination. At the conclusion of each investigation, the Commission shall ordinarily adopt a statement of its findings and recommendations. (Commission recommendations may include suggestions for further conciliation, specific actions by either party to the matter or administrative or legislative remedy.)
      (6)   Referrals. The Commission may refer matters needing further investigation or action beyond the Commission’s authority to the Council, the Board of Education or school district administration or to the state’s Department of Human Rights.
      (7)   Reports. The findings and recommendations of the Commission shall be reported in writing to all parties involved in a report of unfair discrimination, to the Council and/or Board of Education, and to the state’s Department of Human Rights.
   (E)   Formal charges and hearings.
      (1)   Charges. In the event the report of an unfair discriminatory practice appears to be well founded and cannot be resolved by conciliation, persuasion and/or administrative or legislative remedy, a verified written charge under oath may be filed with the Commission. Such a charge shall state the name and address of each person complained against (respondent) and shall set forth the pertinent facts as known to the charging party. A charge of an unfair discriminatory practice must be filed within six months of the occurrence of the practice. The Commission shall hold a hearing within 30 days of the filing of the charges.
      (2)   Setting hearing. The Commission shall set a time and place within the city for the hearing of the charge of unfair discrimination and the answers to the allegations thereof.
      (3)   Notice. All affected parties shall be given notice of the time and place of hearing at least ten days prior to the date of hearing by registered mail or other personal service.
      (4)   Conduct of hearing. In conducting a hearing, the Commission shall have full authority to administer oaths, to receive testimony and other competent evidence relative to the matters in question, and to hear, examine and cross-examine witnesses. Both the charging party and the respondent shall appear in person at the hearing and may be represented by counsel; both may call witnesses on their behalf and take their testimony. All witnesses, including the charging party and the respondent, may be examined and cross-examined. The Commission shall not be bound by the strict rules of evidence applicable to judicial proceedings, but its findings must be based on competent evidence. Each witness shall testify under oath. A stenographic record shall be made of the proceedings or an electronic recording device may be used. A member of the City Attorney’s staff shall be present at the hearing and shall assist the Commission in the conduct of the hearing.
      (5)   Commission action. At the conclusion of a hearing, the Commission shall adopt a statement of its findings and recommendations and report same in writing to all parties involved, to the Council and/or Board of Education and to the state’s Department of Human Rights.
      (6)   Referral to City Attorney. The findings and recommendations of the Commission shall be forwarded to the City Attorney for determination as to whether or not a criminal complaint should be issued concerning the alleged unfair discriminatory practice.
(Ord.101, effective 3-8-1969; Ord. 101-A, effective 6-26-1976)
§ 2.33 LIBRARY COMMISSION.
   (A)   Establishment and composition. A Library Advisory Commission is hereby created to consist of five members serving three-year terms. The current members of the Commission shall serve out their remaining terms.
(Adopted 1-25-1994; amended 5-12-1998; amended 2-28-2006)
   (B)   Duties and responsibilities. It is the duty and responsibility of the Commission to advise and make recommendations to the City Council on matters relating to the library. The Commission shall perform all duties assigned to it from time to time by the City Council.
(Adopted 1-25-1994; amended 5-12-1998)
§ 2.34 PLANNING AND ZONING COMMISSION.
   (A)   Establishment and composition. A Planning and Zoning Commission is hereby created to consist of five members serving three-year terms. Two Commissioners’ terms shall expire the first year, two terms the second year and one term the third year. Commissioners shall be appointed in accordance with the city charter.
(Adopted 1-25-1994; amended 5-12-1998)
   (B)   Duties and responsibilities.
      (1)   The Department of Planning and Zoning shall be governed by the Planning and Zoning Commission. It shall be the duty of the Commission to make plans for the direction and extent of the city’s settled territorial area and for the arrangement of streets and the location of park and school areas; to divide the territory of the city into residential, commercial and other zones; to propose changes in previously established zones; to propose rules regulating the location of buildings on lots or in relation to other buildings; to propose rules or specifications concerning the structure of any building to be erected in the city. No plat restrictions relating to use of premises or location of buildings on the premises shall be valid without prior approval of the Commission.
      (2)   No zoning or building proposal by the Commission shall take effect until it shall have been enacted as an ordinance, as in this charter described, by the Council. No exception to any building or zoning ordinance shall be made by the Council, except by resolution and unless the exception shall have been recommended by the Planning and Zoning Commission. The Commission shall perform all duties assigned to it from time to time by the City Council.
(Amended 5-12-1998)
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