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01/03/1984 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JANUARY 3, 1984 6:30 P.M. 1. 6:30 — ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 — ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 — DEPARTMENT HEAD BUSINESS �•i A. Fire Department �•I C. Park & Recreation Department �1 B. Police Department P D. Public Works Department IV. 6:55 — CONSENT ITEMS (One motion aproves all items) pa A. Final Resolution/Fish Lake Park Grant Application 5 B. Sale of Used Police Car Q V. PUBLIC HEARINGS VI. OLD BUSINESS 6 A. Landscape Plan & Outdoor Storage for Equipment Rental Business/, Larry Pedersen 10 e B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots & 28 Twinhome Lots, in Part of the E' of the NE} of Section 22, Lying S. of Wescott Road and W. of Lexington Avenue. IS C. City Code Update VII. NEW BUSINESS VIII. ADDITIONAL ITEMS P.19'A. Project 83—I, Acceptance of Utilities Installed in Norwest 1st Addition �4 B. Project 82-E, Acceptance of Utiities Installed in Oakwood Heights Addition f lt;C. Consideration of Public Officials' Liability Insurance IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT i MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 29, 1983 SUBJECT: •AGENDA INFORMATION FOR JANUARY 3, 1984 COUNCIL PACKET After approval of the December 20, 1983 regular City Council meeting minutes and minutes for the special City Council and joint APC/City Council meeting held on December 15, 1983 and of the agenda for the January 3, 1984 City Council meeting, the following items are in order for consideration: DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. PARKS & RECREATION DEPARTMENT C. Parks & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under the Public Works Department at this time. Agenda Information Memo January 3, 1984 City Council Meeting Page Two There are two (2) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Addi- tional Items unless the discussion required is brief. FISH LAKE PARK GRANT APPLICATION A. Final Resolution/Fish Lake Park Grant Application -- In a regu- lar meeting held on July 7, 1983, the Advisory Parks & Recreation Commission approved a recommendation to the City Council that a grant application for 1984 LAWCON funds be submitted for the de- velopment of Fish Lake Park. The staff recommended approval; and in a regular meeting held on July 19, 1983, the City Council ap- proved the preparation and submission of the application. Approval and execution of a formal resolution is necessary as a part of the application process. Enclosed on pages 3 through_ is a copy of that resolution for the Council's fin ormation as prepared by staff. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing filing of an application and execution of grant project agreements to develop open space under the State Natural Resource Fund for Fish Lake Park. z CITY OF EAGAN RESOLUTION AUTHORIZING' FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN• SPACE UNDER THE STATE NATURAL RESOURCE FUND. f.. WHEREAS, the State.,.INatural '•Resources Fund provides for the making of grants to assist local public bodies in the acquisi- tion and development of outdoor recreation projects, and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and five-year capital improvement program and WHEREAS, the City of Eagan has 'an original or revised five- year action program which includes Fish Lake Park, and WHEREAS, it is estimated that the cost of developing said interest(s) shall be $62,350.00, and WHEREAS, upon project approval the City of Eagan must enter into formal grant project agreements with the State for the specific purpose of developing Fish Lake Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL•OF EAGAN, DAKOTA COUNTY, MINNESOTA: 1. That an .application be made to the State of Minnesota, Department of "Energy, Planning and Development, Office of Local Government for a grant from the Natural Resource Fund (Minnesota Laws, 1979, � Chapter 333, Section 31, Sub- division 3, paragraphs (c) and (d) for an amount presently estimated to be $31,175.00 and the applicant will pay the balance of the cost,from other funds available to it. 2. That the Director of Parks and Recreation and City Adminis- trator are directed to execute and file: a) such application and, b) the five-year action program with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government, and to provide additional informa- tion and furnish such documents as may be required by said Department, and, c) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Department of Energy and Economic Develop- ment. 3 4. That the United be, and they the applicant the Interior, Act of 1964. States of America and hereby are, assured with the regulations effectuating Title VI the State of Minnesota of full compliance by of the Department of of the Civil Rights 5. That the City of Eagan enter into an agreement with the State of Minnesota, Department of Energy, and Economic Development, Parks and Recreation Grant Unit to provide such grants as are specified in numbered paragraphs 1 and 2, above, for the year(s)'1983 - 1986. 6. That the Mayor of the City of Eagan and the City Administrator are authorized and directed to execute such agreement and any supplemental agreements thereof. On a motion by , seconded by all members voting in tavor. DATED: ,1984 CERTIFICATION City Council City of Eagan with Beatta Blomquist, Mayor I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Eagan at a duly authorized meeting thereof, held on the day of , 1984, as shown by the minutes of said meeting in my possession. M E.J. VanOverbeke City Clerk 51 Agenda Information Memo January 3, 1984 City Council Meeting Page Three SALE OF USED POLICE SQUAD CAR B. Sale of Used Police Squad Car -- Police Chief Berthe is recom- mending that the City sell a squad car (#14) due to high mileage and the anticipation of costly repairs. Two (2) bids were received, one from Metro Auto Salvage in Lakeville in the amount of $1,675 and the other from Viking Auto Salvage in Northfield in the amount of $1,539. Chief of Police Berthe is recommending that the City authorize accepting the high bid of $1,675 and sell squad car #14 to Metro Auto Salvage. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of the used police squad car to Metro Auto Salvage in the amount of $1,675. s Agenda Information Memo January 3, 1984 City Council Meeting Page Four There are no public hearings scheduled for the January 3, 1984 City Council meeting. LARRY PEDERSEN/CONDITIONAL USE PERMIT A Landscape Plan & Outdoor Storage for Equipment Rental Business/ Larry Pedersen -- At the regular City Council meeting held on December 20, 1983, the City Council approved a conditional use permit for outside storage for rental equipment located on Lot 1, Block 1, Barton McGray Addition subject to certain conditions. Two of the conditions require further Council action. The Council asked that the applicant submit a detailed list as to what would be stored and a landscape plan, both for City Council approval. Enclosed on pages -7 through� is a memo from the City Plan- ner's office including responses from Mr. Pedersen. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the list of material to be stored and the landscape plan for the conditional use permit for Larry Pedersen. �' MEMO TO: TROPIAS L. HEDGES;,' CITY' ADMINISTRATOR 0 . FROM: DALE C. RUNKLE:; CITY, PLANNER.' DATE: DECEMBER 27, 1983 SUBJECT: UPDATE ON RENTAL FACILITIES CONDITIONAL USE PERMIT At the December 20, 1983 City Council meeting, the City Council re- viewed and approved the conditional use permit for outside storage for rental located on Lot 1, Block 1, Barton McGray Addition. The approval was based on two additional conditions: 1) The applicant.shall submit a detailed list as to what would be stored in the outside area of this proposed facility. The applicant has submitted a letter dated December 23, 1983 which outlines the storage and items of which he presently has in his facility in Burnsville. Looking at the proposed facility in Eagan, the applicant has tried to analyze what would be stored in the Eagan facility and when this storage would take place. Enclosed is the letter in which the appli- cant has outlined what type of storage he would have and how this storage would be placed in the Eagan facility. 2) The second concern the City Council addressed was that addi- tional landscaping be provided in the northeastern portion of the lot or the area where the storage could be -seen from the Cedarvale'location.. The applicant has responded to this concern and has provided approximately 12 additional trees in this area to landscape and screen the storage he is'pro- posing. Hopefully, this memo has addressed the issues the City Council had regarding the outside storage. Please review these two conditions to see if the applicant has complied with the concerns of the City Council. If so, these two items can be placed as conditions to the conditional use permit which was reviewed December 20, 1983. If the Council has any additional vise staff so this information can 1984 City Council meeting. Sincerely, Dale C. Runkle City Planner DCR/jach concerns or requests, please ad - be provided at the January 3, II 00 THE RENTAL PLACE 1524 CLIFF ROAD BURNSVILLE, MINNESOTA 55337 • 890.9234 of Burnsville, Inc. December 23, 1983 Eagan City Council Eagan, Minnesota Ret Estimate on amount of equipment in outside storage for the proposed Rental Place of Eagan Presently there are 82 different items plus a row of scaffolding stored outside at our location in Burnsville. The bulk of these are within a 40' x 100' fenced area and are arranged neatly. They range in size from a horse trailer down to a power sod cutter. The type of equipment that we will be purchasing in the future for the Eagan store will be dictated by the public demand. Since there is such a diversity of size in the equipment we have rented in the past, it is difficult to place a number on the equipment which could be stored neatly there. With the same type of mix, 400 items could probably be stored very easily and neatly. If the equipment is on the large size, this is a high number. The outside storage will -be equipment which is rented on a regular basis. To operate efficiently we must have it arranged so that it can be moved from storage to rental easily. Keeping it stored neatly is to our advantage economically as well as esthetically. The 6,$00 square foot building planned for the site will allow us to store nearly everything inside for the first two or three years, maybe even longer since we will continue to operate the store in Burnsville. Much of the equipment needed to open the Eagan store is already in stock in Burnsville. We are proud of the appearance of our Burnsville location in a rented building. It will be enjoyable working with our own land and building in Eagan. Sincerely, Larry Pedersen, President LDP:rp Mol s S ' 5' Axew, i14 CaACI-/. uL w •'�'� C:fi4� pndwn...o.a. 1 - 4i' WEED ed"'CO NfiYJ TrIf. + r h1Cy' Jf Qf,�[vtS Juur t2 ramwm' � �irl...Nto�`•.w Air• :.. 1�1dK_e..�+ere .ptay K �cx_in.,rr is'i�I J'�— OQ •'Jr � ^ 50D ��:i��fd':ll�I�d4'.ii�il'1::+1r,'iai.; .. �:%:156�'.1��;N1�'i';:',�5.'1�:•L!:�.. R Adl•k`o"D o 7 b4D 00 �I Agenda Information Memo January 3, 1984 City Council Meeting Page Five WESTBURY ADDITION PRELIMINARY PLAT B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots and 28 Twinhome Lots -- A public hearing was held before the Advisory Planning Commission at their November 22, 1983 meeting to consider an application for preliminary plat consisting of 47 acres and a development proposing 129 single family lots and 28 twinhome lots. The City Council considered this plat at the Decem- ber 20, 1983 meeting and continued the item until January 3, 1984 to allow time for review and revisions of the proposed plat. The developer is presently revising the plat; however, revised exhibits have not been received in time for this packet. Enclosed on page 11 is a memo from the City Planner concerning this item. Enclo- sed in your packet without page numbers are copies of the plat for the Council's information. For further information on this item, refer to pages 96 through 112 of the December 20, 1983 Council information packet. An oral report will be presented at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON .TRIS ITEM: To approve or deny the pre- liminary plat for Westbury as proposed by Gabbert Development. Special Note: A reduced packet size copy of the proposed plat is enclosed on page . MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: DECEMBER 27, 1983 SUBJECT: UPDATE ON WESTBURY PRELIMINARY PLAT At the December 20, 1983 City Council meeting, the City Council con- tinued the preliminary plat for additional review and redesign of the proposed plat. At the present time, the developer is in the pro- cess of redesigning the plat and increasing the lot sizes from what was originally proposed. Presently, it is staff's understanding that the minimum lot width being proposed will now be 65' and the lots will average in the neighborhood of 9,000 square feet. At the pre- sent time, staff cannot do a revised critique of the plat because the applicant is still redesigning and preparing the revised exhibits. Staff has requested that a large copy be provided for each of the City Councilmembers,and colored indicating which lots will be duplex lots, which lots single family and which lots will be larger single family. These exhibits should be submitted in the packet for City Council review. Staff, however, will do a revised report, and this revised report will then be presented to the City Council at the meeting on January 3, 1983. Due to the holidays, the administra- tive packet will not be going out on Monday, January 2nd. There- fore, the revised report will have to be presented orally at the January 3, 1989 City Council meeting. The revised site plan and colored renderings should give the City, Council an insight as to what the applicant is proposing and what' the square footage of the lots will be in the revised Westbury pre- liminary plat. Hopefully, this will provide additional information to the City Coun- cil in regard to this Council agenda item. Sincerely, kp, Dale C. Runkle City Planner DCR/jach v....,•• o ra.. �Y . �t.r•. 2110.69 N 1 9�� _• f�+ n lot r 1 E j 1 4% t [ I m I ...� a � !} a i a} �a ,• Ch .. c [0 A} IBJ !� !� 13 .! . i I o z /'A •( I ! ' I r 'IN N IYf `{ lY ' IY •; � -ril IJ t7 1 I Y i _ 465.00 G � rtl mIf I } } Y • Y }� `� _' N 1 . �N,al 11 4q d a —L D 7, 1 O of . C • I of R 2 .. .. p•2 • t•, ^-1 O 0 6{ 7 A 6 E A R S w m v m u• Y N ' LEXINGTON [ A ` 1659.70 ^�PrT�•t(,' .��..-- ,` _ r^!. .v.+`.fix,, -, .-vn.. +.•e..w.. r.,y�,'gy y'-r,4�'.._1' �- E i C.�i71•!a':� }i ��i'rF.`776 L( FTIASi i + ,.. �� • �((Na? ir' ii(� ��i�=t{ �(9 f `'i i� t�:9FEt i't6S ?' �T; , .., .� � 1 F ! '�, = t �' L• i1 '_ Ila '• _ `''1 {. '[ 'S . �.' i�1 .y.�1. ` ,3l F •� [ ;..ti P1. e j��1��' •, •:+1'f �.1 r f11j7 r A,:li t1yS i,. �'!� `},,,,y�,�:.: [j �:'s� 'j �'�J: 1 , «+ 1 —y+- J !.. �: 1 4-' 1 �+ .y�..UF r � t in. � � ♦ ,�,�. int"/ ! • u. 5'%. re t' f[rdrlt�l:fi+ ty1�)a': 11<' A �(� 'C,;a+x K 1'•` '., r R i%��<�li•; =Ikl. '�- •�. {M ♦ r •'+'I• , i,. ^,.�`J '] 1 1't 1{(4i2y��yy'/Ed Agenda Information Memo January 3, 1984 City Council Meeting Page Six n CITY CODE UPDATE C. City Code Update -- The City Code as approved to be in effect as of January 1983 is presently being updated for 1984. There are several pending ordinances which could be included in the update if the City Council so desires. Enclosed on pages /4- through 25 is a memo from Administrative Staff Member Witt and attach- ments describing these pending ordinances. ACTION TO BE CONSIDERED ON THIS ITEM: To direct staff as to,action concerning including pending ordinances in the City Code update. 13 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE STAFF MEMBER WITT DATE: DECEMBER 28, 1983 SUBJECT: CITY CODE UPDATE All of the ordinances passed by the Eagan City Council in 1983 have been forwarded to Rodger Jensen for inclusion in the City Code up- date. I have been working with all of the other department heads to clean up housekeeping errors in the code. There are pending ordinances which can probably be included in the update subject to Council approval. These are: a. Dangerous weapons and articles - carrying and transporting of firearms. (ordinance #9) b. Dangerous weapons and articles - use of bow and arrow. (#11) C. Curfew - provision for 16 and 17 year olds. (#12) d. Eagan alarm ordinance. (Not numbered as of yet) Copies of these ordinances are attached along with excerpts of a letter from Dave Keller discussing the curfew ordinance. Two ordinance changes under consideration will require hearings. These are: a. Day care facilities (#6). b. Subdivision requirements - lot splits (#13). These will not be included in the current code update. The office of the City Attorney is reviewing the law regarding vending machines, service stations without bays, and a section of the liquor ordinance, consumption and display. There has been dis- cussion of an ordinance on accessory housing but one has not been drafted. Parking space reduction and swimming pool ordinances will not be considered at this time. We will be meeting with codifier, Rodger Jensen, on January 5 to hopefully complete the code update. If you have any questions or concerns, please direct them to me before January 5. too ORDINANCE NO. 9. 2nd Series C AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN•CITY CODE; CHAPTER 10, SECTION 10.10, ENTITLED -DANGEROUS WEAPONS AND'ARTICLESn BY ADDING A PROVISION PROHIBITING THE CARRYING OF FIREARMS WHICH ARE NOT ENCASED. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 DANGEROUS WEAPONS AND ARTICLES. Subd. 5. Carrying and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry nnyearm unless it Ss unloaded and encased in a proper case or to transport any firearm in a motor veh ic a unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: •Y. l..\1-'YJ\IV Y1\. IJV' 1111�1UUl:U 11{ LUUVUlL11:J C1VR ORDINANCE NO. 111 2nd Series AN ORDINANCE OF THE CITY OF,EAGAN, MINNESOTA,`AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.10, ENTITLED "DANGEROUS WEAPONS AND ARTICLES" BY DELETING A PROVISION ALLOWING THE USE OF BOW AND ARROW UNDER CERTAIN CIRCUMSTANCES. THE CITY COUNCIL OF -THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 .DANGEROUS WEAPONS AND ARTICLES. Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically autho- rized by the Chief of Police, or a bow and arrow range, or such other place during such time or times. as authorized by the Council. the-eeeepe4ens-pe-ehe-d=seherge�€-€ireeres-seeeed-#e 6e1jd#v#e#ea-4-e€-eh#s-Seee#ea-eha##-epp}y-eQna##y-Ee-eh#s-6nbd#v#s#ea-S. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: 16 ,.- anuuLu ORDINANCE NO. 12, 2nd Series AN ORDINANCE OF THE CITY OF EACAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.30, ENTITLED "CURFEW_: BY ADDING A CURFEW PROVISION -FOR MINORS -WHO -ARE -SIXTEEN OR SEVENTEEN YEARS OF AGE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in.the following Section to read: SEC. 10.30 CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Einors Who Are Sixteen (161 or Seventeen (17) nny-ndnor Rerson sixteen or .. Q�� -o n nlrinck A -M- mf the day next following. c,h� Curfew -.Parents and Guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. ub$ d. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or otherlace of business, to allow or permit any minor person under the age of ei'Ih een (18) years to be or loiter in such place in violation of this Section unless such.minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his -presence is otherwise prohibited by law. Sllhd 5• Excepti?ns. Such curfew shall not apply to any students under the age of nigh acn_L H) years who are lawfully attending, going to or returning from school, church, or community sponsored athletic, musical or social activities or events. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL BY: Its Clerk Its Mayor Date Ordinance Adapted: Date Ordinance Published in the Eagan Chronicle: i Hr. Hedges October 21, 1983 r Page Two As you can see, the reference,to,the exceptions in'Subdivision 4 is deleted and that a bow and arrow is no longer allowed on agriculturally zoned land containing five or more acres, 3. Ordinance No. 12, Second Series, Curfew. The Police Department on October 20 advised us that"Section 10.30. Curfew.vdoes not comply with the old curfew ordinance, Ordinance No. 30. We are not aware of any intent during the codifi- cation to change this provision of the City Code and therefore assume that unless otherwise advised that this section should be amended. Basically, the objection was that the old ordinance had a curfew from 10:00 p.m. to 5:00 a.m. for minors -under the age of.16 which was also contained in Section 10.30. However, old Ordinance 30.01 also had a curfew for 16 and 17 year olds from the hours of 12:00 midnight to 5:00 a.m. It appears that this was inadvertently left out of the codified version, Section 10.30. Therefore, we have drafted the attached proposed Ordinance No. 13, Second Series,which basically adds a subdi- vision containing the provisions regarding 16 and 17 year olds. skk enclosures cc: Jay Berthe- Roger Jensen Ik Very, truly yours, Aa'c"M 4� David C.Keller City Attorney - City of Eagan ORDINANCE NO. AN ORDINANCE RELATING TO BUILDING SECURITY AND FIRE ALARM SYSTEMS CITY OF EAGAN JANUARY 3, 1994 THE CITY OF EAGAN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 26.01 TITLE This ordinance shall be known as "Eagan Alarm Ordinance". SECTION 26.02 PURPOSE AND SCOPE Subd. 1 This. ordinance provides regulation for use of fire, burglary, and safety alarms, establishes penalties, and establishes a system of administration. Subd. 2 The purpose of this ordinance is to protect the public safety services of the City from misuse of public safety alarms, to provide' for effective service to alarm users, and to reduce the increasing frequency of false alarms in Eagan. SECTION 26.03 DEFINITIONS Subd. 1 "Alarm User" -- The person, firm, partnership, association, corporation, company, or organization (profit or non-profit) of any kind which uses an alarm system to protect its premises, regardless of whether it owns or leases the system. Subd. 2 "Alarm System" -- means and includes any alarm installation designed to be used for the prevention or detection of ,burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system under the definitions of this ordinance. Subd. 3 "False Alarm" -- The occurrence of an alarm in an alarm system for any reason other than an unauthorized intrusion or attempted robbery, or authentic fire call. Subd. 4 "Financial Institution" -- A bank, savings and loan association, or credit union. Subd. 5 "Audible Alarm" -- Means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. Fire Alarm Ordinance Page 2 Subd. 6 "Person" -- shall mean any individual partnership, corporation, association, corperation, or other entity. Subd. 7 "Calendar.: Year. -- Shall mean -the period January 1, through December 31-of•'each •year.:'"' Subd. S "Residential Alarm User" -- Means owner occupied housing units, residential homes and condominums. "Non -Residential" -- means commercial, industrial, business, state agencies, special purpose units of government, apartment complexes. SECTION 26.04 ADMINISTRATION Subd. 1 Alarm -User Registration -- Following the first false alarm within the calendar year, the alarm user must fill out and return to the Eagan Police Department the "ALARM USER REGISTRATION" form as provided within 30 days. Subd. 2 False Alarm Statement of Correction -- Following the sixth false ,-alarm within the calendar year, the alarm user shall fill out and ,return to the Eagan Police Department within five days the -"FALSE. ALARM STATEMENT OF CORRECTIONS". This form will serve to verify what corrective actions that the alarm user is taking to prevent additional false alarms, and. to notify alarm user of impending forfeitures should additional false alarms occur. Subd. 3 Audible Alarms -- All audible alarms shall meet the following requirements: a) Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or sevice to such alarm system -during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. b) Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. Subd. 4 In -House Annunciation Panel -- Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing Z � Fire Alarm Ordinance Page 3 specific annunciation of the sensors at a private monitoring location on the premises. When, in the judgment of the Eagan Police Department, no such private monitoring location is possible upon the premises, the requirements of this section may be waived. Compliance with this section is required of all alarm systems installed in financial institu- tions after the effective date of this ordinance, and within one year from effective date of this ordinance for currently operating alarm systems. Subd. .5 No person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Eagan Police or Eagan Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number, 911. SECTION 26.04 PENALTIES AND SCHEDULES Subd. 1 Residential False Alarms-- . Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $50.00 per false alarm thereafter. Subd. 2 Non -Residential False Alarms -- Non-residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $75,'00 per false alarm thereafter. Subd: 3 Grace Period -- There is hereby established a ninty (90) day grace period for all newly installed alarm systems; all false alarms occurring during this period shall not be considered part of the six allowable false alarms per year. The installation date must be vertified by a dated sales receipt for the alarm system, or a. dated invoice from the installer of the alarm system. Subd. 4 Exceptions -- A false alarm is excused if prior written notification is given to the Police Department for the purposes of testing or upgrading the alarm system. Subd. 5 Payment of Penalties -- Payment of false alarm fines 26.04 (a) and (b) must be paid �f n provided for under Section to the City Treasurer within Fire Alarm Ordinance Page 4 30 days from date of notice by the City to the alarm user. Failure to pay the fine, within 30 .,days' notice will cause the alarm user to be considered delinquent and subject to a penalty of a full 10%, of the fine.:,, All delinquent charges shall be certified by the City Clerk to the City Assessor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served. a Subd. 6 Confidentiality -- a) All information submitted in compliance with this ordinance shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. b) Subject to requirements of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. SECTION 26.05 VIOLATIONS Subd. 1 Misdemeanor -- Any person who fails to comply with the provisions of this ordinance, is guilty of a misdemeanor, in addition to being subject to the false alarm fines imposed by this ordinance. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subd. 2 Injunction Relief -- In the event of a violation or a threat of violation of this ordinance, the City may institute appropriate action or proceeding, including requesting injunctive relief to prevent, restrain, correct, or obate such violation or threat- ened violation. The standards, procedures, and provisions adopted herein shall be effective February 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.06 EFFECTIVE DATE The standards, procedures, and provisions adopted herein shall be effective January 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.07 SEVERABILITY It is hereby declared to be the intention of the Eagan City Council that the provisions of this ordinance shall be severable as Fire Alarm Ordinance Page 5 in accordance with the following: If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. SECTION 26.08 PROVISIONS ARE ACCUMULATIVE The provisions of this ordinance are cumulative to all other laws, ordinance, and regulations heretofore passed or which may be passed hereafter, covering any subject matter in this ordinance. PASSED BY THE EAGAN CITY COUNCIL THIS DAY OF ATTEST: City Administrator Thomas L. Hedges a3 Bea Blomquist, Mayor Agenda Information Memo January 3, 1984 City Council Meeting Page Seven There are no items to be considered under New Business at this time. ADDITIONAL ITEMS PROJECT 83-I/NORWEST UTILITIES A. Project 83-I, Acceptance of Utilities Installed in Norwest 1st Addition -- This privately installed project provided for utilities to be installed to provide service to the Norwest Bank being con- structed at the intersection of Pilot Knob and Yankee Doodle Roads. All work has been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recom- mends that these utilities be accepted for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 83-I (Norwest 1st Addition) for per- petual maintenance. PROJECT 82-E/OAKWOOD HEIGHTS ADDITION B. Project 82-E, Acceptance of Utilities Installed in Oakwood Heights Addition -- The utilities installed for this project were installed under private contract by the developer and have been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recommends the utilities in- stalled under this project be accepted for perpetual maintenance by the City. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 82-E for perpetual maintenance. a Agenda Information Memo January 3, 1984 City Council Meeting Page. Eight PUBLIC OFFICIALS' LIABILITY INSURANCE C. Consideration of Public Officials' Liability Insurance -- The City has solicited bids for public officials' liability insurance from the present carrier and from other insurance companies. Bids are still being received; therefore a report regarding these bids will be presented at the January 3, 1984 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To award the 1984 public officials' liabilty insurance contract to the successful bidder. s/Thomas L. Hedges City Administrator TLH/hnd as w REGULAR MEETING AGENDA EAGAN CITY COUNCIL EAGAN, MINNESOTA - Y,\ yn� C , C CITY HALL fS L JANUARY 3, 1984 6:30 P.M. �, r i 1. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS A. Fire Department I C. Park & Recreation Department epi B. Police Department P D. Public Works Department IV. 6:55 - CONSENT ITEMS (One motion aproves all items) pi -A. Final Resolution/Fish Lake Park Grant Application 5 B. Sale of Used Police Car Q V. PUBLIC HEARINGS VI. OLD BUSINESS • 6 A. Landscape Plan & Outdoor Storage for Equipment Rental Business/ Larry Pedersen P10 B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots & 28 Twinhome Lots, in Part of the Ek of the NE'y of Section 22, Lying S. of Wescott Road and W. of Lexington Avenue. 1q C. City Code Update P' VII. NEW BUSINESS VIII. ADDITIONAL ITEMS P%•4 A.Project 83-1, Acceptance of Utilities Installed in Norwest Ist Addition ah B. Project 82-E, Acceptance of Utiities Installed in Oakwood Heights e Addition V.jSC. Consideration of Public Officials' Liability Insurance IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT 0 • MEMO'TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 29, 1983 SUBJECT: AGENDA INFORMATION FOR JANUARY 3, 1984 COUNCIL PACKET After approval of the December 20, 1983 regular City Council meeting minutes and minutes for the special City Council and joint APC/City Council meeting held on December 15, 1983 and of the agenda for the January 3, 1984 City Council meeting, the following items are in order for consideration: DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under • Police Department at this time. PARKS & RECREATION DEPARTMENT C. Parks & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under the Public Works Department at this time. C, J Agenda Information Memo • January 3, 1984 City Council Meeting Page Two There are two (2) items on the agenda refezred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Addi- tional Items unless the discussion required is brief. FISH LAKE PARK GRANT APPLICATION A. Final Resolution/Fish Lake Park Grant Application -- In a regu- lar meeting held on July 7, 1983, the Advisory Parks B Recreation Commission approved a recommendation to the City Council that a grant application for 1984 LAWCON funds be submitted for the de- velopment of Fish Lake Park. The staff recommended approval; and in a regular meeting held on July 19, 1983, the City Council ap- proved the preparation and submission of the application. Approval and execution of a formal resolution is necessary as a part of the application process. Enclosed on pages 3 through _:I- is a copy of that resolution for the Council's i-nTormation as prepared by staff. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing filing of an application and execution of grant project agreements to develop open space under the State Natural Resource Fund for Fish Lake Park. 11 z • CITY OF EAGAN RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN -SPACE UNDER THE STATE NATURAL RESOURCE FUND. WHEREAS, the State Natural Resources Fund provides for the making of grants to'assist local public bodies in the acquisi- tion and development of outdoor recreation projects, and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and five-year capital improvement program and WHEREAS, the City of Eagan has 'an original or revised five- year action program which includes Fish Lake Park, and WHEREAS, it is estimated that- the cost of developing said interest(s) shall be $62,350.00, and WHEREAS, upon project approval the City of Eagan must enter into formal grant project agreements with the State for the specific purpose of developing Fish Lake Park. •NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EAGAN, DAKOTA COUNTY, MINNESOTA: • That an application be made to the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government for a grant from the Natural Resource Fund (Minnesota Laws, 1979, Chapter 333, Section 31, Sub- division 3, paragraphs (c) and (d) for an amount presently estimated to be $31,175.00 and the applicant will pay the balance of the cost from other funds available to it. 2. That the Director of Parks and Recreation and City Adminis- trator are directed to execute and file: a) such application and, b) the five-year action program with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government, and to provide additional informa- tion and furnish such documents as may be required by said Department, and, c) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Department of Energy and Economic Develop- ment. 3 0 • 4. That the United States of America and the State of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. S. That the City of Eagan enter into an agreement with the State of Minnesota, Department of Energy, and Economic Development, Parks and Recreation Grant Unit to provide such grants as are specified in numbered paragraphs 1 and 2, above, for the year(s) 1983 - 1986. 6. That the Mayor of the City of Eagan and the City Administrator are authorized and directed to execute such agreement and any supplemental agreements thereof. On a motion by , seconded by with all members voting in tavor. DATED: ,1984 City Council City of Eagan Beatta Blomquist, Mayor CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Eagan at a duly authorized meeting thereof, held on the day of , 1984, as shown by the minutes of said mem g in my possess on. E.J. VanOverbeke City Clerk I. Agenda Information Memo S January 3, 1984 City Council Meeting Page Three • SALE OF USED POLICE SQUAD CAR B. Sale of Used Police Squad Car -- Police Chief Berthe is recom- mending that the City sell a squad car (#14) due to high mileage and the anticipation of costly repairs. Two (2) bids were received, one from Metro Auto Salvage in Lakeville in the amount of $1,675 and the other from Viking Auto Salvage in Northfield in the amount of $1,539. Chief of Police Berthe is recommending that the City authorize accepting the high bid of $1,675 and sell squad car #14 to Metro Auto Salvage. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of the used police squad car to Metro Auto Salvage in the amount of $1,675. s Agenda Information Memo • January 3, 1984 City Council Meeting Page Four There are no public hearings scheduled for the January 3, 1984 City Council meeting. LARRY PEDERSEN/CONDITIONAL USE PERMIT A Landscape Plan & Outdoor Storage for Equipment Rental Business/ Larry Pedersen -- At the regular City Council meeting held on December 20, 1983, the City Council approved a conditional use permit for outside storage for rental equipment located on Lot r, Block 1, Barton McGray Addition subject to certain conditions. Two of the conditions require further Council action. The Council asked that the applicant submit a detailed list as to what would be stored and a landscape plan, both for City Council approval. Enclosed on pages -7 through is a memo from the City Plan- ner's office including responses from Mr. Pedersen. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the list • of material to be stored and the landscape plan for the conditional use permit for Larry Pedersen. • 0 0 171 0 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: DECEMBER 27, 1983 ' SUBJECT: UPDATE ON RENTAL FACILITIES CONDITIONAL USE PERMIT At the December 20, 1983 City Council meeting, the City Council re- viewed and approved the conditional use permit for outside storage for rental located on Lot 1, Block 1, Barton McGray Addition. The approval was based on two additional conditions: 1) The applicant.shall submit a detailed list as to what would be stored in the outside area of this proposed facility. The applicant has submitted 'a letter dated December 23, 1983 which outlines the storage and items of which he presently has in his facility in Burnsville. Looking at the proposed facility in Eagan, the applicant has tried to analyze what would be stored in the Eagan facility and when this storage would take place. Enclosed is the letter in which the appli- cant has outlined what type of storage he would have and how this storage would be placed in the Eagan facility. 2) The second concern the City Council addressed was that addi- tional landscaping be provided in the northeastern portion of the lot or the area where the storage could be seen from the Cedarvale location. The applicant has responded to this concern and has provided approximately 12 additional trees in this area to landscape and screen the storage he is::pro- posing. Hopefully,.this memo has addressed the issues the City Council had regarding the outside storage. Please review these two conditions to see if the applicant has complied with the concerns of the City Council. If so, these two items can be placed as conditions to the conditional use permit which was reviewed December 20, 1983. If the Council has any additional vise staff so this information can 1984 City Council meeting. Sincerely, Dale C. Runkle City Planner DCR/jach concerns or requests, please ad - be provided at the January 3, PW r 1 '41 L TRENTAL PLACE 1520 CLIFF ROAD • BURNSVILLE, MINNESOTA 55337 • 890.9234 of Burnsville, Inc. December 23, 1983 Eagan City Council Eagan, Minnesota Res Estimate on amount of equipment in outside storage for the proposed Rental Place of Eagan Presently there are 82 different items plus a row of scaffolding stored outside at our location in Burnsville. The bulk of these are within a 40' x 100' fenced area and are arranged neatly. They range in size from a horse trailer down to a power sod cutter. The type of equipment that we will be purchasing in the future for the Eagan store will be dictated by the public demand. • Since there is such a diversity of size in the equipment we have rented in the past, it is difficult to place a number on the equipment which could be stored neatly there. With the same type of mix, 400 items could probably be storedvery easily and neatly. If the equipment is on the large size, this is a high number. The outside storage will -be equipment which is rented on a regular basis. To operate efficiently we must have it arranged so that it can be moved from storage to rental easily. Keeping it stored neatly is to our advantage economically as well as esthetically. The 6,500 square foot building planned for the site will allow us to store nearly everything inside for the first two or three years, maybe even longer since we will continue to operate the store in Burnsville. Much of the equipment needed to open the Eagan store is already in stock in Burnsville. We are proud of the appearance of our Burnsville location in a rented building. It will be enjoyable working with our own land and building in Eagan. Sincerely, • d a .v Ey�1I cL L1.` Larry, . Pedersen, President LDP 1rp no FSC Kol 5' Aesn, to <111 I Q I =A( r-QACw ftr fA �1 <111 I Q I =A( r-QACw ftr fA Agenda Information Memo • January 3, 1984 City Council Meeting Page Five • WESTBURY ADDITION PRELIMINARY PLAT B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots and 28 Twinhome Lots -- A public hearing was held before the Advisory Planning Commission at their November 22, 1983 meeting to consider an application for preliminary plat consisting of 47 acres and a development proposing 129 single family lots and 28 twinhome lots. The City Council considered this plat at the Decem- ber 20, 1983 meeting and continued the item until January 3, 1984 to allow time for review and revisions of the proposed plat. The developer is presently revising the plat; however, revised exhibits have not been received in time for this packet. Enclosed on page 11 is a memo from the City Planner concerning this item. Enclo- sed your packet without page numbers are copies of the plat for the Council's information. For further information on this item, refer to pages 96 through 112 of the December 20, 1983 Council information packet. An oral report will be presented at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pre- liminary plat for Westbury as proposed by Gabbert Development. Special Note: A reduced packet size copy of the proposed plat is enclosed on page _/2- . /0 Agenda Information Memo • January 3, 1984 City Council Meeting Page Six • • CITY CODE UPDATE C. City Code Update -- The City Code as'approved to be in effect as of January 1983 is presently being updated for 1984. There are several pending ordinances which could be included in the update if the City Council so desires. Enclosed on pages /4 through 2 3 is a memo from Administrative Staff Member Witt and attach- ments describing these pending ordinances. ACTION TO BE CONSIDERED ON THIS ITEM: To direct staff as to action concerning including pending ordinances in the City Code update. FS • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE STAFF MEMBER WITT DATE: DECEMBER 28, 1983 SUBJECT: CITY CODE UPDATE All of the ordinances passed by the Eagan City Council in 1983 have been forwarded to Rodger Jensen for inclusion in the City Code up- date. I have been working with all of the other department heads to clean up housekeeping errors in the code. There are pending ordinances which can probably be included in the update subject to Council approval. These are: a. Dangerous weapons and articles - carrying and transporting of firearms. (Ordinance #9) b. Dangerous weapons and articles - use of bow and arrow. (#11) C. Curfew - provision for 16 and 17 year olds. (#12) d. Eagan alarm ordinance. (Not numbered as of yet) • Copies of these ordinances are attached along with excerpts of a letter from Dave Keller discussing the curfew ordinance. Two ordinance changes under consideration will require hearings. These are: a. Day care facilities (#6). b. Subdivision requirements - lot splits (#13). These will not be included in the current code update. The office of the City Attorney is reviewing the law regarding vending machines, service stations without bays, and a section of the liquor ordinance, consumption and display. There has been dis- cussion of an ordinance on accessory housing but one has not been drafted. Parking space reduction and swimming pool ordinances will not be considered at this time. We will be meeting with codifier, Rodger Jensen, on January 5 to hopefully complete the code update. If you have any questions or concerns, please direct them to me before January 5. E • E • PENDING - should be included in ORDINANCE NO. 9, 2nd Series recodific. tioq C AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.10, ENTITLED "DANGEROUS WEAPONS AND ARTICLESn BY ADDING A PROVISION PROHIBITING THE CARRYING OF FIREARMS WHICH ARE NOT ENCASED. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 DANGEROUS WEAPONS AND ARTICLES. Subd. 5. Carry ina and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor ve c e un ess i is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: /.S • O E ?LNUlNG - snouia oe 1ncivaea C C. ORDINANCE NO. 11, 2nd Series AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.10, ENTITLED "DANGEROUS WEAPONS AND ARTICLES" BY DELETING A PROVISION ALLOWING THE USE OF BOW AND ARROW UNDER CERTAIN CIRCUMSTANCES. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 DANGEROUS WEAPONS AND ARTICLES. Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot.a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically autho- rized by the Chief of Police, or a bow and arrow range, or such other place during such time or times.as authorized by the Council. The-exeepliars-te-the-d#seherge�€-f#rearms-seated-#a 6ebA#v#e#ea-4-a€-Ek#s-beet#eR-eke##-app#y-eQnab�y-Ee-ek#e-6ebd#v#s#ea-8. Section 2. Effective Date. This'Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: 16 SHOULD BE IN CODE. ORDINANCE NO. 12, 2nd Series • AN ORDINANCE OF THE CITY OF EAGAN. MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.30, ENTITLED "CURFEW" BY ADDING A CURFEW PROVISION FOR MINORS WHO ARE SIXTEEN OR SEVENTEEN YEARS OF AGE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in.the following Section to read. SEC. 10.30 CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Minors Who Are Sixteen (16) or Seventeen (17) Years of Age. Tt iS nnlawfnl for any minor person sixteen or geyPntPPn years of age to he or lni pr upnn the St pptS orb. li nlarp-q between the hm rS of 17-00 o'clo k idnight and 5-00 o'clock A_M_ of rhe day next following. Suhd. 3. Curfew -.Parents and Guardians. It is unlawful for any • parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. ubS d. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other glace of business, to allow or permit any minor person under the age of Ma1`[een (18) years to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd--5-. Exceptigns. Such curfew shall not apply to any students under the age of Pishteen (1M) years who are lawfully attending, going to or returning from school, church, or community sponsored athletic, musical or social activities or events. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: • Its Clerk Date Ordinance Adopted: Date Ordinance Published in the CITY OF EAGAN CITY COUNCIL BY: Its Mayor Eagan Chronicle: • Mr. Hedges October 21, 1983 Page Two As you can see, the reference to the exceptions in Subdivision 4 is deleted and that a bow and arrow is no longer allowed on agriculturally zoned land containing five or more acres. ' 3. Ordinance No. 12, Second Series, Curfew. The Police Department on October 20 advised us that`'Section 10.30. Curfew.bdoes not comply with the old curfew ordinance, Ordinance No. 30. We are not aware of any intent during the codifi- cation to change this provision of the City Code and therefore assume that unless otherwise advised that this section should be amended. Basically, the objection was that the old ordinance had a curfew from 10:00 p.m. to 5:00 a.m. for minors 'under the age of 16 which was also contained in Section 10.30. However, old Ordinance 30.01 also had a curfew for 16 and 17 year olds from the hours of 12:00 midnight to 5:00 a.m. It appears that this was inadvertently left out of the codified version, Section 10.30. Therefore, we have drafted the attached proposed Ordinance No. 13, Second Series,which basically adds a subdi- vision containing the provisions regarding 16 and 17 year olds. L-A skk enclosures cc: Jay Berthe Roger Jensen 11 T� Very truly yours'', David G.Keller City Attorney - City of Pagan C ORDINANCE NO. • AN ORDINANCE RELATING TO BUILDING SECURITY AND FIRE ALARM SYSTEMS CITY OF EAGAN JANUARY 3, 1984 THE CITY OF EAGAN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 26.01 TITLE This ordinance shall be known as "Eagan Alarm Ordinance".. SECTION 26.02 PURPOSE AND SCOPE Subd. 1 This ordinance provides regulation for use of fire, burglary, and safety alarms, establishes penalties, and establishes a system of administration. Subd. 2 The purpose of this ordinance is to protect the public safety services of the City from misuse of public safety alarms, to provide for effective service to alarm users, and to reduce the increasing frequency of false alarms in Eagan. • SECTION 26.03 DEFINITIONS Subd. 1 "Alarm User" -- The person, firm, partnership, association, corporation, company, or organization (profit or non-profit) of any kind which uses an alarm system to protect its premises, regardless of whether it owns or leases the system. Subd. 2 "Alarm System" -- means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system under the definitions of this ordinance. Subd. 3 "False Alarm" -- The occurrence of an alarm in an alarm system for any reason other than an unauthorized intrusion or attempted robbery, or authentic fire call. Subd. 4 "Financial Institution" -- A bank, savings and loan association, or credit union. I Subd. 5 "Audible 'Alarm" -- Means a device designed for the detection of smoke or fire or of an unauthorized entry on the (premises, which alarm activates or generates an audible • sound on or near the premises. • Fire Alarm Ordinance Page 2 Subd. 6 "Person" -- shall mean any individual partnership, corporation, association, corperation, or other entity. Subd. 7 "Calendar Year" -- Shall mean the period January 1, through December 31 of each year. Subd. 8 "Residential Alarm User" -- Means owner occupied housing units, residential homes and condominums. "Non -Residential" -- means commercial, industrial, business, state agencies, special purpose units of government, apartment complexes. SECTION 26.04 ADMINISTRATION Subd. 1 Alarm User Registration -- Following the first false alarm within the calendar year, the alarm user must fill out and return to the Eagan Police Department the "ALARM USER REGISTRATION" form as provided within 30 days. Subd. 2 False Alarm Statement of Correction= - Following the sixth false alarm within the calendar year, the alarm user shall fill out and ,return to the Eagan Police Department within five days the "FALSE ALARM STATEMENT OF • CORRECTIONS". This form will serve to verify what corrective actions that the alarm user is taking to prevent additional false alarms, and to notify alarm user of impending forfeitures should additional false alarms occur. Subd. 3 Audible Alarms -- All audible alarms shall meet the following requirements: a) Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or sevice to such alarm .system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. b) Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. Subd. 4 In -House Annunciation Panel -- Financial institutions having an alarm system with multiple • sensors shall have an in-house annunciation panel providing 2-0 Fire Alarm Ordinance • Page 3 specific annunciation of the sensors at a private monitoring location on the premises. When, in the judgment of the Eagan Police Department, no such private monitoring location is possible upon the premises, the requirements of this section may be waived. Compliance with this section is required of all alarm systems installed in financial institu- tions after the effective date of this ordinance, and within one year from effective date of this ordinance for currently operating alarm systems. Subd. 5 No, person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Eagan Police or Eagan Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. SECTION 26.04 PENALTIES AND SCHEDULES Subd. 1 Residential False Alarms -- Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $50.00 per • false alarm thereafter. Subd. 2 Non -Residential False Alarms -- Non-residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $75,'00 per false alarm thereafter. Subd. 3 Grace Period -- There is hereby established a ninty (90) day grace period for all newly installed alarm systems; all false alarms occurring during this period shall not be considered part of the six allowable false alarms per year. The installation date must be vertified by a dated sales receipt for the alarm system, or a dated invoice from the installer of the alarm system. Subd. 4 Exceptions -- A false alarm is excused if prior written notification is given to the Police Department for the purposes of testing or upgrading the alarm system. Subd. 5 Payment of Penalties -- Payment of false alarm fines provided for under Section 26.04 (a) and (b) must be paid to the City Treasurer within • �r Fire Alarm Ordinance OPage 4 30 days from date of notice by the City to the alarm user. Failure to pay the fine within 30 days' notice will cause the alarm user to be considered delinquent and subject to a penalty of a full 108 of the fine. All delinquent charges shall be certified by the City Clerk to the City Assessor who shall prepare an assessment roll each year providing for assessment of the- delinquent amounts against the respective properties served. Subd. 6 Confidentiality -- a) All information submitted in compliance with this ordinance shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. b) Subject to requirements of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. SECTION 26.05 VIOLATIONS Subd. 1 Misdemeanor-- • Any person who fails to comply with the provisions of this ordinance, is guilty of a misdemeanor, in addition to being subject to the false alarm fines imposed by this ordinance. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subd. 2 Injunction Relief -- In the event of a violation or a threat of violation of this ordinance, the City may institute appropriate action or proceeding, including requesting injunctive relief to prevent, restrain, correct, or obate such violation or threat- ened violation. The standards, procedures, and provisions adopted herein shall be effective February 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.06 EFFECTIVE DATE The standards, procedures, and provisions adopted herein shall be effective January 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.07 SEVERABILITY • It is hereby declared to be the intention of the Eagan City Council that the provisions of this ordinance shall be severable Fire Alarm Ordinance Page S • in accordance with the following: If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. SECTION 26.08 PROVISIONS ARE ACCUMULATIVE The provisions of this ordinance are cumulative to all other laws, ordinance, and regulations heretofore passed or which may be passed hereafter, covering any subject matter in this ordinance. PASSED.BY THE EAGAN CITY COUNCIL THIS DAY OF • ATTEST: City Administrator Thomas L. Hedges n U a3 Bea Blomquist, Mayor Agenda Information Memo • January 3, 1984 City Council Meeting Page Seven • There are no items to be considered under New Business at this time. -ADDITIONAL::ITEMS- PROJECT 83-I/NORWEST UTILITIES A. Project 83-I, Acceptance of Utilities Installed in Norwest 1st Addition -- This privately installed project provided for utilities to be installed to provide service to the Norwest Bank being con- structed at the intersection of Pilot Knob and Yankee Doodle Roads. All work has been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recom- mends that these utilities be accepted for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 83-I (Norwest 1st Addition) for per- petual maintenance. PROJECT 82-E/OAKWOOD HEIGHTS ADDITION B. Project 82-E, Acceptance of Utilities Installed in Oakwood Heights Addition -- The utilities installed for this project were installed under private contract by the developer and have been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recommends the utilities in- stalled under this project be accepted for perpetual maintenance by the City. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 82-E for perpetual maintenance. BE Agenda Information Memo January 3, 1984 City Council Meeting Page Eight PUBLIC OFFICIALS' LIABILITY INSURANCE C. Consideration of Public Officials' Liability Insurance -- The City has solicited bids for public officials' liability insurance from the present carrier and from other insurance companies. Bids are still being received; therefore a report regarding these bids will be presented at the January 3, 1984 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To award the 1984 public officials' liabilty insurance contract to the successful bidder. s/Thomas L. Hedges City Administrator TLH/hnd as a U E 11 AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JANUARY 3, 1984 6:30 P.M. 1. 6:30 — ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 — ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 — DEPARTMENT HEAD BUSINESS �•i A. Fire Department �•I C. Park & Recreation Department �1 B. Police Department P D. Public Works Department IV. 6:55 — CONSENT ITEMS (One motion aproves all items) pa A. Final Resolution/Fish Lake Park Grant Application 5 B. Sale of Used Police Car Q V. PUBLIC HEARINGS VI. OLD BUSINESS 6 A. Landscape Plan & Outdoor Storage for Equipment Rental Business/, Larry Pedersen 10 e B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots & 28 Twinhome Lots, in Part of the E' of the NE} of Section 22, Lying S. of Wescott Road and W. of Lexington Avenue. IS C. City Code Update VII. NEW BUSINESS VIII. ADDITIONAL ITEMS P.19'A. Project 83—I, Acceptance of Utilities Installed in Norwest 1st Addition �4 B. Project 82-E, Acceptance of Utiities Installed in Oakwood Heights Addition f lt;C. Consideration of Public Officials' Liability Insurance IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT i MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 29, 1983 SUBJECT: •AGENDA INFORMATION FOR JANUARY 3, 1984 COUNCIL PACKET After approval of the December 20, 1983 regular City Council meeting minutes and minutes for the special City Council and joint APC/City Council meeting held on December 15, 1983 and of the agenda for the January 3, 1984 City Council meeting, the following items are in order for consideration: DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. PARKS & RECREATION DEPARTMENT C. Parks & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under the Public Works Department at this time. Agenda Information Memo January 3, 1984 City Council Meeting Page Two There are two (2) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Addi- tional Items unless the discussion required is brief. FISH LAKE PARK GRANT APPLICATION A. Final Resolution/Fish Lake Park Grant Application -- In a regu- lar meeting held on July 7, 1983, the Advisory Parks & Recreation Commission approved a recommendation to the City Council that a grant application for 1984 LAWCON funds be submitted for the de- velopment of Fish Lake Park. The staff recommended approval; and in a regular meeting held on July 19, 1983, the City Council ap- proved the preparation and submission of the application. Approval and execution of a formal resolution is necessary as a part of the application process. Enclosed on pages 3 through_ is a copy of that resolution for the Council's fin ormation as prepared by staff. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing filing of an application and execution of grant project agreements to develop open space under the State Natural Resource Fund for Fish Lake Park. z CITY OF EAGAN RESOLUTION AUTHORIZING' FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN• SPACE UNDER THE STATE NATURAL RESOURCE FUND. f.. WHEREAS, the State.,.INatural '•Resources Fund provides for the making of grants to assist local public bodies in the acquisi- tion and development of outdoor recreation projects, and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and five-year capital improvement program and WHEREAS, the City of Eagan has 'an original or revised five- year action program which includes Fish Lake Park, and WHEREAS, it is estimated that the cost of developing said interest(s) shall be $62,350.00, and WHEREAS, upon project approval the City of Eagan must enter into formal grant project agreements with the State for the specific purpose of developing Fish Lake Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL•OF EAGAN, DAKOTA COUNTY, MINNESOTA: 1. That an .application be made to the State of Minnesota, Department of "Energy, Planning and Development, Office of Local Government for a grant from the Natural Resource Fund (Minnesota Laws, 1979, � Chapter 333, Section 31, Sub- division 3, paragraphs (c) and (d) for an amount presently estimated to be $31,175.00 and the applicant will pay the balance of the cost,from other funds available to it. 2. That the Director of Parks and Recreation and City Adminis- trator are directed to execute and file: a) such application and, b) the five-year action program with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government, and to provide additional informa- tion and furnish such documents as may be required by said Department, and, c) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Department of Energy and Economic Develop- ment. 3 4. That the United be, and they the applicant the Interior, Act of 1964. States of America and hereby are, assured with the regulations effectuating Title VI the State of Minnesota of full compliance by of the Department of of the Civil Rights 5. That the City of Eagan enter into an agreement with the State of Minnesota, Department of Energy, and Economic Development, Parks and Recreation Grant Unit to provide such grants as are specified in numbered paragraphs 1 and 2, above, for the year(s)'1983 - 1986. 6. That the Mayor of the City of Eagan and the City Administrator are authorized and directed to execute such agreement and any supplemental agreements thereof. On a motion by , seconded by all members voting in tavor. DATED: ,1984 CERTIFICATION City Council City of Eagan with Beatta Blomquist, Mayor I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Eagan at a duly authorized meeting thereof, held on the day of , 1984, as shown by the minutes of said meeting in my possession. M E.J. VanOverbeke City Clerk 51 Agenda Information Memo January 3, 1984 City Council Meeting Page Three SALE OF USED POLICE SQUAD CAR B. Sale of Used Police Squad Car -- Police Chief Berthe is recom- mending that the City sell a squad car (#14) due to high mileage and the anticipation of costly repairs. Two (2) bids were received, one from Metro Auto Salvage in Lakeville in the amount of $1,675 and the other from Viking Auto Salvage in Northfield in the amount of $1,539. Chief of Police Berthe is recommending that the City authorize accepting the high bid of $1,675 and sell squad car #14 to Metro Auto Salvage. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of the used police squad car to Metro Auto Salvage in the amount of $1,675. s Agenda Information Memo January 3, 1984 City Council Meeting Page Four There are no public hearings scheduled for the January 3, 1984 City Council meeting. LARRY PEDERSEN/CONDITIONAL USE PERMIT A Landscape Plan & Outdoor Storage for Equipment Rental Business/ Larry Pedersen -- At the regular City Council meeting held on December 20, 1983, the City Council approved a conditional use permit for outside storage for rental equipment located on Lot 1, Block 1, Barton McGray Addition subject to certain conditions. Two of the conditions require further Council action. The Council asked that the applicant submit a detailed list as to what would be stored and a landscape plan, both for City Council approval. Enclosed on pages -7 through� is a memo from the City Plan- ner's office including responses from Mr. Pedersen. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the list of material to be stored and the landscape plan for the conditional use permit for Larry Pedersen. �' MEMO TO: TROPIAS L. HEDGES;,' CITY' ADMINISTRATOR 0 . FROM: DALE C. RUNKLE:; CITY, PLANNER.' DATE: DECEMBER 27, 1983 SUBJECT: UPDATE ON RENTAL FACILITIES CONDITIONAL USE PERMIT At the December 20, 1983 City Council meeting, the City Council re- viewed and approved the conditional use permit for outside storage for rental located on Lot 1, Block 1, Barton McGray Addition. The approval was based on two additional conditions: 1) The applicant.shall submit a detailed list as to what would be stored in the outside area of this proposed facility. The applicant has submitted a letter dated December 23, 1983 which outlines the storage and items of which he presently has in his facility in Burnsville. Looking at the proposed facility in Eagan, the applicant has tried to analyze what would be stored in the Eagan facility and when this storage would take place. Enclosed is the letter in which the appli- cant has outlined what type of storage he would have and how this storage would be placed in the Eagan facility. 2) The second concern the City Council addressed was that addi- tional landscaping be provided in the northeastern portion of the lot or the area where the storage could be -seen from the Cedarvale'location.. The applicant has responded to this concern and has provided approximately 12 additional trees in this area to landscape and screen the storage he is'pro- posing. Hopefully, this memo has addressed the issues the City Council had regarding the outside storage. Please review these two conditions to see if the applicant has complied with the concerns of the City Council. If so, these two items can be placed as conditions to the conditional use permit which was reviewed December 20, 1983. If the Council has any additional vise staff so this information can 1984 City Council meeting. Sincerely, Dale C. Runkle City Planner DCR/jach concerns or requests, please ad - be provided at the January 3, II 00 THE RENTAL PLACE 1524 CLIFF ROAD BURNSVILLE, MINNESOTA 55337 • 890.9234 of Burnsville, Inc. December 23, 1983 Eagan City Council Eagan, Minnesota Ret Estimate on amount of equipment in outside storage for the proposed Rental Place of Eagan Presently there are 82 different items plus a row of scaffolding stored outside at our location in Burnsville. The bulk of these are within a 40' x 100' fenced area and are arranged neatly. They range in size from a horse trailer down to a power sod cutter. The type of equipment that we will be purchasing in the future for the Eagan store will be dictated by the public demand. Since there is such a diversity of size in the equipment we have rented in the past, it is difficult to place a number on the equipment which could be stored neatly there. With the same type of mix, 400 items could probably be stored very easily and neatly. If the equipment is on the large size, this is a high number. The outside storage will -be equipment which is rented on a regular basis. To operate efficiently we must have it arranged so that it can be moved from storage to rental easily. Keeping it stored neatly is to our advantage economically as well as esthetically. The 6,$00 square foot building planned for the site will allow us to store nearly everything inside for the first two or three years, maybe even longer since we will continue to operate the store in Burnsville. Much of the equipment needed to open the Eagan store is already in stock in Burnsville. We are proud of the appearance of our Burnsville location in a rented building. It will be enjoyable working with our own land and building in Eagan. Sincerely, Larry Pedersen, President LDP:rp Mol s S ' 5' Axew, i14 CaACI-/. uL w •'�'� C:fi4� pndwn...o.a. 1 - 4i' WEED ed"'CO NfiYJ TrIf. + r h1Cy' Jf Qf,�[vtS Juur t2 ramwm' � �irl...Nto�`•.w Air• :.. 1�1dK_e..�+ere .ptay K �cx_in.,rr is'i�I J'�— OQ •'Jr � ^ 50D ��:i��fd':ll�I�d4'.ii�il'1::+1r,'iai.; .. �:%:156�'.1��;N1�'i';:',�5.'1�:•L!:�.. R Adl•k`o"D o 7 b4D 00 �I Agenda Information Memo January 3, 1984 City Council Meeting Page Five WESTBURY ADDITION PRELIMINARY PLAT B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots and 28 Twinhome Lots -- A public hearing was held before the Advisory Planning Commission at their November 22, 1983 meeting to consider an application for preliminary plat consisting of 47 acres and a development proposing 129 single family lots and 28 twinhome lots. The City Council considered this plat at the Decem- ber 20, 1983 meeting and continued the item until January 3, 1984 to allow time for review and revisions of the proposed plat. The developer is presently revising the plat; however, revised exhibits have not been received in time for this packet. Enclosed on page 11 is a memo from the City Planner concerning this item. Enclo- sed in your packet without page numbers are copies of the plat for the Council's information. For further information on this item, refer to pages 96 through 112 of the December 20, 1983 Council information packet. An oral report will be presented at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON .TRIS ITEM: To approve or deny the pre- liminary plat for Westbury as proposed by Gabbert Development. Special Note: A reduced packet size copy of the proposed plat is enclosed on page . MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: DECEMBER 27, 1983 SUBJECT: UPDATE ON WESTBURY PRELIMINARY PLAT At the December 20, 1983 City Council meeting, the City Council con- tinued the preliminary plat for additional review and redesign of the proposed plat. At the present time, the developer is in the pro- cess of redesigning the plat and increasing the lot sizes from what was originally proposed. Presently, it is staff's understanding that the minimum lot width being proposed will now be 65' and the lots will average in the neighborhood of 9,000 square feet. At the pre- sent time, staff cannot do a revised critique of the plat because the applicant is still redesigning and preparing the revised exhibits. Staff has requested that a large copy be provided for each of the City Councilmembers,and colored indicating which lots will be duplex lots, which lots single family and which lots will be larger single family. These exhibits should be submitted in the packet for City Council review. Staff, however, will do a revised report, and this revised report will then be presented to the City Council at the meeting on January 3, 1983. Due to the holidays, the administra- tive packet will not be going out on Monday, January 2nd. There- fore, the revised report will have to be presented orally at the January 3, 1989 City Council meeting. The revised site plan and colored renderings should give the City, Council an insight as to what the applicant is proposing and what' the square footage of the lots will be in the revised Westbury pre- liminary plat. Hopefully, this will provide additional information to the City Coun- cil in regard to this Council agenda item. Sincerely, kp, Dale C. Runkle City Planner DCR/jach v....,•• o ra.. �Y . �t.r•. 2110.69 N 1 9�� _• f�+ n lot r 1 E j 1 4% t [ I m I ...� a � !} a i a} �a ,• Ch .. c [0 A} IBJ !� !� 13 .! . i I o z /'A •( I ! ' I r 'IN N IYf `{ lY ' IY •; � -ril IJ t7 1 I Y i _ 465.00 G � rtl mIf I } } Y • Y }� `� _' N 1 . �N,al 11 4q d a —L D 7, 1 O of . C • I of R 2 .. .. p•2 • t•, ^-1 O 0 6{ 7 A 6 E A R S w m v m u• Y N ' LEXINGTON [ A ` 1659.70 ^�PrT�•t(,' .��..-- ,` _ r^!. .v.+`.fix,, -, .-vn.. +.•e..w.. r.,y�,'gy y'-r,4�'.._1' �- E i C.�i71•!a':� }i ��i'rF.`776 L( FTIASi i + ,.. �� • �((Na? ir' ii(� ��i�=t{ �(9 f `'i i� t�:9FEt i't6S ?' �T; , .., .� � 1 F ! '�, = t �' L• i1 '_ Ila '• _ `''1 {. '[ 'S . �.' i�1 .y.�1. ` ,3l F •� [ ;..ti P1. e j��1��' •, •:+1'f �.1 r f11j7 r A,:li t1yS i,. �'!� `},,,,y�,�:.: [j �:'s� 'j �'�J: 1 , «+ 1 —y+- J !.. �: 1 4-' 1 �+ .y�..UF r � t in. � � ♦ ,�,�. int"/ ! • u. 5'%. re t' f[rdrlt�l:fi+ ty1�)a': 11<' A �(� 'C,;a+x K 1'•` '., r R i%��<�li•; =Ikl. '�- •�. {M ♦ r •'+'I• , i,. ^,.�`J '] 1 1't 1{(4i2y��yy'/Ed Agenda Information Memo January 3, 1984 City Council Meeting Page Six n CITY CODE UPDATE C. City Code Update -- The City Code as approved to be in effect as of January 1983 is presently being updated for 1984. There are several pending ordinances which could be included in the update if the City Council so desires. Enclosed on pages /4- through 25 is a memo from Administrative Staff Member Witt and attach- ments describing these pending ordinances. ACTION TO BE CONSIDERED ON THIS ITEM: To direct staff as to,action concerning including pending ordinances in the City Code update. 13 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE STAFF MEMBER WITT DATE: DECEMBER 28, 1983 SUBJECT: CITY CODE UPDATE All of the ordinances passed by the Eagan City Council in 1983 have been forwarded to Rodger Jensen for inclusion in the City Code up- date. I have been working with all of the other department heads to clean up housekeeping errors in the code. There are pending ordinances which can probably be included in the update subject to Council approval. These are: a. Dangerous weapons and articles - carrying and transporting of firearms. (ordinance #9) b. Dangerous weapons and articles - use of bow and arrow. (#11) C. Curfew - provision for 16 and 17 year olds. (#12) d. Eagan alarm ordinance. (Not numbered as of yet) Copies of these ordinances are attached along with excerpts of a letter from Dave Keller discussing the curfew ordinance. Two ordinance changes under consideration will require hearings. These are: a. Day care facilities (#6). b. Subdivision requirements - lot splits (#13). These will not be included in the current code update. The office of the City Attorney is reviewing the law regarding vending machines, service stations without bays, and a section of the liquor ordinance, consumption and display. There has been dis- cussion of an ordinance on accessory housing but one has not been drafted. Parking space reduction and swimming pool ordinances will not be considered at this time. We will be meeting with codifier, Rodger Jensen, on January 5 to hopefully complete the code update. If you have any questions or concerns, please direct them to me before January 5. too ORDINANCE NO. 9. 2nd Series C AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN•CITY CODE; CHAPTER 10, SECTION 10.10, ENTITLED -DANGEROUS WEAPONS AND'ARTICLESn BY ADDING A PROVISION PROHIBITING THE CARRYING OF FIREARMS WHICH ARE NOT ENCASED. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 DANGEROUS WEAPONS AND ARTICLES. Subd. 5. Carrying and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry nnyearm unless it Ss unloaded and encased in a proper case or to transport any firearm in a motor veh ic a unless it is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: •Y. l..\1-'YJ\IV Y1\. IJV' 1111�1UUl:U 11{ LUUVUlL11:J C1VR ORDINANCE NO. 111 2nd Series AN ORDINANCE OF THE CITY OF,EAGAN, MINNESOTA,`AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.10, ENTITLED "DANGEROUS WEAPONS AND ARTICLES" BY DELETING A PROVISION ALLOWING THE USE OF BOW AND ARROW UNDER CERTAIN CIRCUMSTANCES. THE CITY COUNCIL OF -THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 .DANGEROUS WEAPONS AND ARTICLES. Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically autho- rized by the Chief of Police, or a bow and arrow range, or such other place during such time or times. as authorized by the Council. the-eeeepe4ens-pe-ehe-d=seherge�€-€ireeres-seeeed-#e 6e1jd#v#e#ea-4-e€-eh#s-Seee#ea-eha##-epp}y-eQna##y-Ee-eh#s-6nbd#v#s#ea-S. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL By: Its Clerk Its Mayor Date Ordinance Adopted: Date Ordinance Published in the Eagan Chronicle: 16 ,.- anuuLu ORDINANCE NO. 12, 2nd Series AN ORDINANCE OF THE CITY OF EACAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.30, ENTITLED "CURFEW_: BY ADDING A CURFEW PROVISION -FOR MINORS -WHO -ARE -SIXTEEN OR SEVENTEEN YEARS OF AGE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in.the following Section to read: SEC. 10.30 CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Einors Who Are Sixteen (161 or Seventeen (17) nny-ndnor Rerson sixteen or .. Q�� -o n nlrinck A -M- mf the day next following. c,h� Curfew -.Parents and Guardians. It is unlawful for any parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. ub$ d. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or otherlace of business, to allow or permit any minor person under the age of ei'Ih een (18) years to be or loiter in such place in violation of this Section unless such.minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his -presence is otherwise prohibited by law. Sllhd 5• Excepti?ns. Such curfew shall not apply to any students under the age of nigh acn_L H) years who are lawfully attending, going to or returning from school, church, or community sponsored athletic, musical or social activities or events. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN CITY COUNCIL BY: Its Clerk Its Mayor Date Ordinance Adapted: Date Ordinance Published in the Eagan Chronicle: i Hr. Hedges October 21, 1983 r Page Two As you can see, the reference,to,the exceptions in'Subdivision 4 is deleted and that a bow and arrow is no longer allowed on agriculturally zoned land containing five or more acres, 3. Ordinance No. 12, Second Series, Curfew. The Police Department on October 20 advised us that"Section 10.30. Curfew.vdoes not comply with the old curfew ordinance, Ordinance No. 30. We are not aware of any intent during the codifi- cation to change this provision of the City Code and therefore assume that unless otherwise advised that this section should be amended. Basically, the objection was that the old ordinance had a curfew from 10:00 p.m. to 5:00 a.m. for minors -under the age of.16 which was also contained in Section 10.30. However, old Ordinance 30.01 also had a curfew for 16 and 17 year olds from the hours of 12:00 midnight to 5:00 a.m. It appears that this was inadvertently left out of the codified version, Section 10.30. Therefore, we have drafted the attached proposed Ordinance No. 13, Second Series,which basically adds a subdi- vision containing the provisions regarding 16 and 17 year olds. skk enclosures cc: Jay Berthe- Roger Jensen Ik Very, truly yours, Aa'c"M 4� David C.Keller City Attorney - City of Eagan ORDINANCE NO. AN ORDINANCE RELATING TO BUILDING SECURITY AND FIRE ALARM SYSTEMS CITY OF EAGAN JANUARY 3, 1994 THE CITY OF EAGAN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 26.01 TITLE This ordinance shall be known as "Eagan Alarm Ordinance". SECTION 26.02 PURPOSE AND SCOPE Subd. 1 This. ordinance provides regulation for use of fire, burglary, and safety alarms, establishes penalties, and establishes a system of administration. Subd. 2 The purpose of this ordinance is to protect the public safety services of the City from misuse of public safety alarms, to provide' for effective service to alarm users, and to reduce the increasing frequency of false alarms in Eagan. SECTION 26.03 DEFINITIONS Subd. 1 "Alarm User" -- The person, firm, partnership, association, corporation, company, or organization (profit or non-profit) of any kind which uses an alarm system to protect its premises, regardless of whether it owns or leases the system. Subd. 2 "Alarm System" -- means and includes any alarm installation designed to be used for the prevention or detection of ,burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system under the definitions of this ordinance. Subd. 3 "False Alarm" -- The occurrence of an alarm in an alarm system for any reason other than an unauthorized intrusion or attempted robbery, or authentic fire call. Subd. 4 "Financial Institution" -- A bank, savings and loan association, or credit union. Subd. 5 "Audible Alarm" -- Means a device designed for the detection of smoke or fire or of an unauthorized entry on the premises, which alarm activates or generates an audible sound on or near the premises. Fire Alarm Ordinance Page 2 Subd. 6 "Person" -- shall mean any individual partnership, corporation, association, corperation, or other entity. Subd. 7 "Calendar.: Year. -- Shall mean -the period January 1, through December 31-of•'each •year.:'"' Subd. S "Residential Alarm User" -- Means owner occupied housing units, residential homes and condominums. "Non -Residential" -- means commercial, industrial, business, state agencies, special purpose units of government, apartment complexes. SECTION 26.04 ADMINISTRATION Subd. 1 Alarm -User Registration -- Following the first false alarm within the calendar year, the alarm user must fill out and return to the Eagan Police Department the "ALARM USER REGISTRATION" form as provided within 30 days. Subd. 2 False Alarm Statement of Correction -- Following the sixth false ,-alarm within the calendar year, the alarm user shall fill out and ,return to the Eagan Police Department within five days the -"FALSE. ALARM STATEMENT OF CORRECTIONS". This form will serve to verify what corrective actions that the alarm user is taking to prevent additional false alarms, and. to notify alarm user of impending forfeitures should additional false alarms occur. Subd. 3 Audible Alarms -- All audible alarms shall meet the following requirements: a) Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or sevice to such alarm system -during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. b) Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. Subd. 4 In -House Annunciation Panel -- Financial institutions having an alarm system with multiple sensors shall have an in-house annunciation panel providing Z � Fire Alarm Ordinance Page 3 specific annunciation of the sensors at a private monitoring location on the premises. When, in the judgment of the Eagan Police Department, no such private monitoring location is possible upon the premises, the requirements of this section may be waived. Compliance with this section is required of all alarm systems installed in financial institu- tions after the effective date of this ordinance, and within one year from effective date of this ordinance for currently operating alarm systems. Subd. .5 No person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Eagan Police or Eagan Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number, 911. SECTION 26.04 PENALTIES AND SCHEDULES Subd. 1 Residential False Alarms-- . Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $50.00 per false alarm thereafter. Subd. 2 Non -Residential False Alarms -- Non-residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $75,'00 per false alarm thereafter. Subd: 3 Grace Period -- There is hereby established a ninty (90) day grace period for all newly installed alarm systems; all false alarms occurring during this period shall not be considered part of the six allowable false alarms per year. The installation date must be vertified by a dated sales receipt for the alarm system, or a. dated invoice from the installer of the alarm system. Subd. 4 Exceptions -- A false alarm is excused if prior written notification is given to the Police Department for the purposes of testing or upgrading the alarm system. Subd. 5 Payment of Penalties -- Payment of false alarm fines 26.04 (a) and (b) must be paid �f n provided for under Section to the City Treasurer within Fire Alarm Ordinance Page 4 30 days from date of notice by the City to the alarm user. Failure to pay the fine, within 30 .,days' notice will cause the alarm user to be considered delinquent and subject to a penalty of a full 10%, of the fine.:,, All delinquent charges shall be certified by the City Clerk to the City Assessor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served. a Subd. 6 Confidentiality -- a) All information submitted in compliance with this ordinance shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. b) Subject to requirements of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. SECTION 26.05 VIOLATIONS Subd. 1 Misdemeanor -- Any person who fails to comply with the provisions of this ordinance, is guilty of a misdemeanor, in addition to being subject to the false alarm fines imposed by this ordinance. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subd. 2 Injunction Relief -- In the event of a violation or a threat of violation of this ordinance, the City may institute appropriate action or proceeding, including requesting injunctive relief to prevent, restrain, correct, or obate such violation or threat- ened violation. The standards, procedures, and provisions adopted herein shall be effective February 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.06 EFFECTIVE DATE The standards, procedures, and provisions adopted herein shall be effective January 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.07 SEVERABILITY It is hereby declared to be the intention of the Eagan City Council that the provisions of this ordinance shall be severable as Fire Alarm Ordinance Page 5 in accordance with the following: If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. SECTION 26.08 PROVISIONS ARE ACCUMULATIVE The provisions of this ordinance are cumulative to all other laws, ordinance, and regulations heretofore passed or which may be passed hereafter, covering any subject matter in this ordinance. PASSED BY THE EAGAN CITY COUNCIL THIS DAY OF ATTEST: City Administrator Thomas L. Hedges a3 Bea Blomquist, Mayor Agenda Information Memo January 3, 1984 City Council Meeting Page Seven There are no items to be considered under New Business at this time. ADDITIONAL ITEMS PROJECT 83-I/NORWEST UTILITIES A. Project 83-I, Acceptance of Utilities Installed in Norwest 1st Addition -- This privately installed project provided for utilities to be installed to provide service to the Norwest Bank being con- structed at the intersection of Pilot Knob and Yankee Doodle Roads. All work has been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recom- mends that these utilities be accepted for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 83-I (Norwest 1st Addition) for per- petual maintenance. PROJECT 82-E/OAKWOOD HEIGHTS ADDITION B. Project 82-E, Acceptance of Utilities Installed in Oakwood Heights Addition -- The utilities installed for this project were installed under private contract by the developer and have been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recommends the utilities in- stalled under this project be accepted for perpetual maintenance by the City. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 82-E for perpetual maintenance. a Agenda Information Memo January 3, 1984 City Council Meeting Page. Eight PUBLIC OFFICIALS' LIABILITY INSURANCE C. Consideration of Public Officials' Liability Insurance -- The City has solicited bids for public officials' liability insurance from the present carrier and from other insurance companies. Bids are still being received; therefore a report regarding these bids will be presented at the January 3, 1984 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To award the 1984 public officials' liabilty insurance contract to the successful bidder. s/Thomas L. Hedges City Administrator TLH/hnd as w REGULAR MEETING AGENDA EAGAN CITY COUNCIL EAGAN, MINNESOTA - Y,\ yn� C , C CITY HALL fS L JANUARY 3, 1984 6:30 P.M. �, r i 1. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS A. Fire Department I C. Park & Recreation Department epi B. Police Department P D. Public Works Department IV. 6:55 - CONSENT ITEMS (One motion aproves all items) pi -A. Final Resolution/Fish Lake Park Grant Application 5 B. Sale of Used Police Car Q V. PUBLIC HEARINGS VI. OLD BUSINESS • 6 A. Landscape Plan & Outdoor Storage for Equipment Rental Business/ Larry Pedersen P10 B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots & 28 Twinhome Lots, in Part of the Ek of the NE'y of Section 22, Lying S. of Wescott Road and W. of Lexington Avenue. 1q C. City Code Update P' VII. NEW BUSINESS VIII. ADDITIONAL ITEMS P%•4 A.Project 83-1, Acceptance of Utilities Installed in Norwest Ist Addition ah B. Project 82-E, Acceptance of Utiities Installed in Oakwood Heights e Addition V.jSC. Consideration of Public Officials' Liability Insurance IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT 0 • MEMO'TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 29, 1983 SUBJECT: AGENDA INFORMATION FOR JANUARY 3, 1984 COUNCIL PACKET After approval of the December 20, 1983 regular City Council meeting minutes and minutes for the special City Council and joint APC/City Council meeting held on December 15, 1983 and of the agenda for the January 3, 1984 City Council meeting, the following items are in order for consideration: DEPARTMENT HEAD BUSINESS FIRE DEPARTMENT A. Fire Department -- There are no items to be considered under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under • Police Department at this time. PARKS & RECREATION DEPARTMENT C. Parks & Recreation Department -- There are no items to be con- sidered under Parks & Recreation Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered under the Public Works Department at this time. C, J Agenda Information Memo • January 3, 1984 City Council Meeting Page Two There are two (2) items on the agenda refezred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Addi- tional Items unless the discussion required is brief. FISH LAKE PARK GRANT APPLICATION A. Final Resolution/Fish Lake Park Grant Application -- In a regu- lar meeting held on July 7, 1983, the Advisory Parks B Recreation Commission approved a recommendation to the City Council that a grant application for 1984 LAWCON funds be submitted for the de- velopment of Fish Lake Park. The staff recommended approval; and in a regular meeting held on July 19, 1983, the City Council ap- proved the preparation and submission of the application. Approval and execution of a formal resolution is necessary as a part of the application process. Enclosed on pages 3 through _:I- is a copy of that resolution for the Council's i-nTormation as prepared by staff. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution authorizing filing of an application and execution of grant project agreements to develop open space under the State Natural Resource Fund for Fish Lake Park. 11 z • CITY OF EAGAN RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF GRANT PROJECT AGREEMENTS TO DEVELOP OPEN -SPACE UNDER THE STATE NATURAL RESOURCE FUND. WHEREAS, the State Natural Resources Fund provides for the making of grants to'assist local public bodies in the acquisi- tion and development of outdoor recreation projects, and WHEREAS, in order for the proposed project to be eligible for approval, there must be proof that it is part of a comprehensive outdoor recreation plan and five-year capital improvement program and WHEREAS, the City of Eagan has 'an original or revised five- year action program which includes Fish Lake Park, and WHEREAS, it is estimated that- the cost of developing said interest(s) shall be $62,350.00, and WHEREAS, upon project approval the City of Eagan must enter into formal grant project agreements with the State for the specific purpose of developing Fish Lake Park. •NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EAGAN, DAKOTA COUNTY, MINNESOTA: • That an application be made to the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government for a grant from the Natural Resource Fund (Minnesota Laws, 1979, Chapter 333, Section 31, Sub- division 3, paragraphs (c) and (d) for an amount presently estimated to be $31,175.00 and the applicant will pay the balance of the cost from other funds available to it. 2. That the Director of Parks and Recreation and City Adminis- trator are directed to execute and file: a) such application and, b) the five-year action program with the State of Minnesota, Department of Energy, Planning and Development, Office of Local Government, and to provide additional informa- tion and furnish such documents as may be required by said Department, and, c) to act as the authorized correspondents of the applicant. 3. That the proposed development is in accordance with plans for the allocation of land for open space uses, and that should said grant be made, the applicant will develop and retain said land for use(s) designated in said application and approved by the Department of Energy and Economic Develop- ment. 3 0 • 4. That the United States of America and the State of Minnesota be, and they hereby are, assured of full compliance by the applicant with the regulations of the Department of the Interior, effectuating Title VI of the Civil Rights Act of 1964. S. That the City of Eagan enter into an agreement with the State of Minnesota, Department of Energy, and Economic Development, Parks and Recreation Grant Unit to provide such grants as are specified in numbered paragraphs 1 and 2, above, for the year(s) 1983 - 1986. 6. That the Mayor of the City of Eagan and the City Administrator are authorized and directed to execute such agreement and any supplemental agreements thereof. On a motion by , seconded by with all members voting in tavor. DATED: ,1984 City Council City of Eagan Beatta Blomquist, Mayor CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Eagan at a duly authorized meeting thereof, held on the day of , 1984, as shown by the minutes of said mem g in my possess on. E.J. VanOverbeke City Clerk I. Agenda Information Memo S January 3, 1984 City Council Meeting Page Three • SALE OF USED POLICE SQUAD CAR B. Sale of Used Police Squad Car -- Police Chief Berthe is recom- mending that the City sell a squad car (#14) due to high mileage and the anticipation of costly repairs. Two (2) bids were received, one from Metro Auto Salvage in Lakeville in the amount of $1,675 and the other from Viking Auto Salvage in Northfield in the amount of $1,539. Chief of Police Berthe is recommending that the City authorize accepting the high bid of $1,675 and sell squad car #14 to Metro Auto Salvage. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sale of the used police squad car to Metro Auto Salvage in the amount of $1,675. s Agenda Information Memo • January 3, 1984 City Council Meeting Page Four There are no public hearings scheduled for the January 3, 1984 City Council meeting. LARRY PEDERSEN/CONDITIONAL USE PERMIT A Landscape Plan & Outdoor Storage for Equipment Rental Business/ Larry Pedersen -- At the regular City Council meeting held on December 20, 1983, the City Council approved a conditional use permit for outside storage for rental equipment located on Lot r, Block 1, Barton McGray Addition subject to certain conditions. Two of the conditions require further Council action. The Council asked that the applicant submit a detailed list as to what would be stored and a landscape plan, both for City Council approval. Enclosed on pages -7 through is a memo from the City Plan- ner's office including responses from Mr. Pedersen. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the list • of material to be stored and the landscape plan for the conditional use permit for Larry Pedersen. • 0 0 171 0 MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: DECEMBER 27, 1983 ' SUBJECT: UPDATE ON RENTAL FACILITIES CONDITIONAL USE PERMIT At the December 20, 1983 City Council meeting, the City Council re- viewed and approved the conditional use permit for outside storage for rental located on Lot 1, Block 1, Barton McGray Addition. The approval was based on two additional conditions: 1) The applicant.shall submit a detailed list as to what would be stored in the outside area of this proposed facility. The applicant has submitted 'a letter dated December 23, 1983 which outlines the storage and items of which he presently has in his facility in Burnsville. Looking at the proposed facility in Eagan, the applicant has tried to analyze what would be stored in the Eagan facility and when this storage would take place. Enclosed is the letter in which the appli- cant has outlined what type of storage he would have and how this storage would be placed in the Eagan facility. 2) The second concern the City Council addressed was that addi- tional landscaping be provided in the northeastern portion of the lot or the area where the storage could be seen from the Cedarvale location. The applicant has responded to this concern and has provided approximately 12 additional trees in this area to landscape and screen the storage he is::pro- posing. Hopefully,.this memo has addressed the issues the City Council had regarding the outside storage. Please review these two conditions to see if the applicant has complied with the concerns of the City Council. If so, these two items can be placed as conditions to the conditional use permit which was reviewed December 20, 1983. If the Council has any additional vise staff so this information can 1984 City Council meeting. Sincerely, Dale C. Runkle City Planner DCR/jach concerns or requests, please ad - be provided at the January 3, PW r 1 '41 L TRENTAL PLACE 1520 CLIFF ROAD • BURNSVILLE, MINNESOTA 55337 • 890.9234 of Burnsville, Inc. December 23, 1983 Eagan City Council Eagan, Minnesota Res Estimate on amount of equipment in outside storage for the proposed Rental Place of Eagan Presently there are 82 different items plus a row of scaffolding stored outside at our location in Burnsville. The bulk of these are within a 40' x 100' fenced area and are arranged neatly. They range in size from a horse trailer down to a power sod cutter. The type of equipment that we will be purchasing in the future for the Eagan store will be dictated by the public demand. • Since there is such a diversity of size in the equipment we have rented in the past, it is difficult to place a number on the equipment which could be stored neatly there. With the same type of mix, 400 items could probably be storedvery easily and neatly. If the equipment is on the large size, this is a high number. The outside storage will -be equipment which is rented on a regular basis. To operate efficiently we must have it arranged so that it can be moved from storage to rental easily. Keeping it stored neatly is to our advantage economically as well as esthetically. The 6,500 square foot building planned for the site will allow us to store nearly everything inside for the first two or three years, maybe even longer since we will continue to operate the store in Burnsville. Much of the equipment needed to open the Eagan store is already in stock in Burnsville. We are proud of the appearance of our Burnsville location in a rented building. It will be enjoyable working with our own land and building in Eagan. Sincerely, • d a .v Ey�1I cL L1.` Larry, . Pedersen, President LDP 1rp no FSC Kol 5' Aesn, to <111 I Q I =A( r-QACw ftr fA �1 <111 I Q I =A( r-QACw ftr fA Agenda Information Memo • January 3, 1984 City Council Meeting Page Five • WESTBURY ADDITION PRELIMINARY PLAT B. Gabbert Dev., Dave Gabbert, for a Preliminary Plat for Westbury, Consisting of Approximately 47 Acres and Containing 129 Single Family Lots and 28 Twinhome Lots -- A public hearing was held before the Advisory Planning Commission at their November 22, 1983 meeting to consider an application for preliminary plat consisting of 47 acres and a development proposing 129 single family lots and 28 twinhome lots. The City Council considered this plat at the Decem- ber 20, 1983 meeting and continued the item until January 3, 1984 to allow time for review and revisions of the proposed plat. The developer is presently revising the plat; however, revised exhibits have not been received in time for this packet. Enclosed on page 11 is a memo from the City Planner concerning this item. Enclo- sed your packet without page numbers are copies of the plat for the Council's information. For further information on this item, refer to pages 96 through 112 of the December 20, 1983 Council information packet. An oral report will be presented at the Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the pre- liminary plat for Westbury as proposed by Gabbert Development. Special Note: A reduced packet size copy of the proposed plat is enclosed on page _/2- . /0 Agenda Information Memo • January 3, 1984 City Council Meeting Page Six • • CITY CODE UPDATE C. City Code Update -- The City Code as'approved to be in effect as of January 1983 is presently being updated for 1984. There are several pending ordinances which could be included in the update if the City Council so desires. Enclosed on pages /4 through 2 3 is a memo from Administrative Staff Member Witt and attach- ments describing these pending ordinances. ACTION TO BE CONSIDERED ON THIS ITEM: To direct staff as to action concerning including pending ordinances in the City Code update. FS • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: ADMINISTRATIVE STAFF MEMBER WITT DATE: DECEMBER 28, 1983 SUBJECT: CITY CODE UPDATE All of the ordinances passed by the Eagan City Council in 1983 have been forwarded to Rodger Jensen for inclusion in the City Code up- date. I have been working with all of the other department heads to clean up housekeeping errors in the code. There are pending ordinances which can probably be included in the update subject to Council approval. These are: a. Dangerous weapons and articles - carrying and transporting of firearms. (Ordinance #9) b. Dangerous weapons and articles - use of bow and arrow. (#11) C. Curfew - provision for 16 and 17 year olds. (#12) d. Eagan alarm ordinance. (Not numbered as of yet) • Copies of these ordinances are attached along with excerpts of a letter from Dave Keller discussing the curfew ordinance. Two ordinance changes under consideration will require hearings. These are: a. Day care facilities (#6). b. Subdivision requirements - lot splits (#13). These will not be included in the current code update. The office of the City Attorney is reviewing the law regarding vending machines, service stations without bays, and a section of the liquor ordinance, consumption and display. There has been dis- cussion of an ordinance on accessory housing but one has not been drafted. Parking space reduction and swimming pool ordinances will not be considered at this time. We will be meeting with codifier, Rodger Jensen, on January 5 to hopefully complete the code update. If you have any questions or concerns, please direct them to me before January 5. E • E • PENDING - should be included in ORDINANCE NO. 9, 2nd Series recodific. tioq C AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.10, ENTITLED "DANGEROUS WEAPONS AND ARTICLESn BY ADDING A PROVISION PROHIBITING THE CARRYING OF FIREARMS WHICH ARE NOT ENCASED. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 DANGEROUS WEAPONS AND ARTICLES. Subd. 5. Carry ina and Transporting of Firearms. Except where otherwise specifically authorized by law, it is unlawful to carry any firearm unless it is unloaded and encased in a proper case or to transport any firearm in a motor ve c e un ess i is in the trunk, unloaded, and encased in a proper case. In motor vehicles which do not have a trunk, it shall be in that portion thereof not designed for carrying passengers. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: /.S • O E ?LNUlNG - snouia oe 1ncivaea C C. ORDINANCE NO. 11, 2nd Series AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.10, ENTITLED "DANGEROUS WEAPONS AND ARTICLES" BY DELETING A PROVISION ALLOWING THE USE OF BOW AND ARROW UNDER CERTAIN CIRCUMSTANCES. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in the following Section to read: SEC. 10.10 DANGEROUS WEAPONS AND ARTICLES. Subd. 8. Use of Bow and Arrow. It is unlawful for any person to shoot.a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community -wide supervised class or event specifically autho- rized by the Chief of Police, or a bow and arrow range, or such other place during such time or times.as authorized by the Council. The-exeepliars-te-the-d#seherge�€-f#rearms-seated-#a 6ebA#v#e#ea-4-a€-Ek#s-beet#eR-eke##-app#y-eQnab�y-Ee-ek#e-6ebd#v#s#ea-8. Section 2. Effective Date. This'Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Its Clerk Date Ordinance Adopted: CITY OF EAGAN CITY COUNCIL By: Its Mayor Date Ordinance Published in the Eagan Chronicle: 16 SHOULD BE IN CODE. ORDINANCE NO. 12, 2nd Series • AN ORDINANCE OF THE CITY OF EAGAN. MINNESOTA, AMENDING EAGAN CITY CODE, CHAPTER 10, SECTION 10.30, ENTITLED "CURFEW" BY ADDING A CURFEW PROVISION FOR MINORS WHO ARE SIXTEEN OR SEVENTEEN YEARS OF AGE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: Section 1. The Eagan City Code, Chapter 10, is hereby amended by revising the wording in.the following Section to read. SEC. 10.30 CURFEW. Subd. 1. Curfew - Minors Under the Age of Sixteen (16). It is unlawful for any minor person under the age of sixteen years to be or loiter upon the streets or public places between the hours of 10:00 o'clock P.M. and 5:00 o'clock A.M. of the day next following. Subd. 2. Curfew - Minors Who Are Sixteen (16) or Seventeen (17) Years of Age. Tt iS nnlawfnl for any minor person sixteen or geyPntPPn years of age to he or lni pr upnn the St pptS orb. li nlarp-q between the hm rS of 17-00 o'clo k idnight and 5-00 o'clock A_M_ of rhe day next following. Suhd. 3. Curfew -.Parents and Guardians. It is unlawful for any • parent, guardian, or other person having the legal care or custody of any minor person to allow or permit such minor person to be or loiter upon the streets or public places in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. ubS d. 4. Curfew - Places of Amusement, Entertainment or Refreshment. It is unlawful for any person operating, or in charge of, any place of amusement, entertainment or refreshment, or other glace of business, to allow or permit any minor person under the age of Ma1`[een (18) years to be or loiter in such place in violation of this Section unless such minor is accompanied by a person of lawful age having such minor person in charge. This Subdivision shall not be construed to permit the presence, at any time, of any person under age in any place where his presence is otherwise prohibited by law. Subd--5-. Exceptigns. Such curfew shall not apply to any students under the age of Pishteen (1M) years who are lawfully attending, going to or returning from school, church, or community sponsored athletic, musical or social activities or events. Section 2. Effective Date. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: • Its Clerk Date Ordinance Adopted: Date Ordinance Published in the CITY OF EAGAN CITY COUNCIL BY: Its Mayor Eagan Chronicle: • Mr. Hedges October 21, 1983 Page Two As you can see, the reference to the exceptions in Subdivision 4 is deleted and that a bow and arrow is no longer allowed on agriculturally zoned land containing five or more acres. ' 3. Ordinance No. 12, Second Series, Curfew. The Police Department on October 20 advised us that`'Section 10.30. Curfew.bdoes not comply with the old curfew ordinance, Ordinance No. 30. We are not aware of any intent during the codifi- cation to change this provision of the City Code and therefore assume that unless otherwise advised that this section should be amended. Basically, the objection was that the old ordinance had a curfew from 10:00 p.m. to 5:00 a.m. for minors 'under the age of 16 which was also contained in Section 10.30. However, old Ordinance 30.01 also had a curfew for 16 and 17 year olds from the hours of 12:00 midnight to 5:00 a.m. It appears that this was inadvertently left out of the codified version, Section 10.30. Therefore, we have drafted the attached proposed Ordinance No. 13, Second Series,which basically adds a subdi- vision containing the provisions regarding 16 and 17 year olds. L-A skk enclosures cc: Jay Berthe Roger Jensen 11 T� Very truly yours'', David G.Keller City Attorney - City of Pagan C ORDINANCE NO. • AN ORDINANCE RELATING TO BUILDING SECURITY AND FIRE ALARM SYSTEMS CITY OF EAGAN JANUARY 3, 1984 THE CITY OF EAGAN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 26.01 TITLE This ordinance shall be known as "Eagan Alarm Ordinance".. SECTION 26.02 PURPOSE AND SCOPE Subd. 1 This ordinance provides regulation for use of fire, burglary, and safety alarms, establishes penalties, and establishes a system of administration. Subd. 2 The purpose of this ordinance is to protect the public safety services of the City from misuse of public safety alarms, to provide for effective service to alarm users, and to reduce the increasing frequency of false alarms in Eagan. • SECTION 26.03 DEFINITIONS Subd. 1 "Alarm User" -- The person, firm, partnership, association, corporation, company, or organization (profit or non-profit) of any kind which uses an alarm system to protect its premises, regardless of whether it owns or leases the system. Subd. 2 "Alarm System" -- means and includes any alarm installation designed to be used for the prevention or detection of burglary, robbery, or fire on the premises which contain an alarm installation. Automobile alarm devices shall not be considered an alarm system under the definitions of this ordinance. Subd. 3 "False Alarm" -- The occurrence of an alarm in an alarm system for any reason other than an unauthorized intrusion or attempted robbery, or authentic fire call. Subd. 4 "Financial Institution" -- A bank, savings and loan association, or credit union. I Subd. 5 "Audible 'Alarm" -- Means a device designed for the detection of smoke or fire or of an unauthorized entry on the (premises, which alarm activates or generates an audible • sound on or near the premises. • Fire Alarm Ordinance Page 2 Subd. 6 "Person" -- shall mean any individual partnership, corporation, association, corperation, or other entity. Subd. 7 "Calendar Year" -- Shall mean the period January 1, through December 31 of each year. Subd. 8 "Residential Alarm User" -- Means owner occupied housing units, residential homes and condominums. "Non -Residential" -- means commercial, industrial, business, state agencies, special purpose units of government, apartment complexes. SECTION 26.04 ADMINISTRATION Subd. 1 Alarm User Registration -- Following the first false alarm within the calendar year, the alarm user must fill out and return to the Eagan Police Department the "ALARM USER REGISTRATION" form as provided within 30 days. Subd. 2 False Alarm Statement of Correction= - Following the sixth false alarm within the calendar year, the alarm user shall fill out and ,return to the Eagan Police Department within five days the "FALSE ALARM STATEMENT OF • CORRECTIONS". This form will serve to verify what corrective actions that the alarm user is taking to prevent additional false alarms, and to notify alarm user of impending forfeitures should additional false alarms occur. Subd. 3 Audible Alarms -- All audible alarms shall meet the following requirements: a) Every person maintaining an alarm system with an audible alarm signal shall post a notice containing the name and telephone number of a person to be notified to render repairs or sevice to such alarm .system during any hour of the day or night upon activation of such alarm system. Such notice shall be posted at the main entrance to such premises or near the alarm in such a position as to be legible from the ground level adjacent to the building. b) Alarm systems with audible alarm signals, except for fire alarms, shall have an automatic shut-off which will silence the audible alarm signal within a period not to exceed 20 minutes. Subd. 4 In -House Annunciation Panel -- Financial institutions having an alarm system with multiple • sensors shall have an in-house annunciation panel providing 2-0 Fire Alarm Ordinance • Page 3 specific annunciation of the sensors at a private monitoring location on the premises. When, in the judgment of the Eagan Police Department, no such private monitoring location is possible upon the premises, the requirements of this section may be waived. Compliance with this section is required of all alarm systems installed in financial institu- tions after the effective date of this ordinance, and within one year from effective date of this ordinance for currently operating alarm systems. Subd. 5 No, person shall install an alarm system or use, monitor, and possess an operative alarm system which utilizes taped or prerecorded messages which deliver a telephone alarm message to the Eagan Police or Eagan Fire Departments. No automatic dialing services or systems are permitted in any form, including automatic dialing of the emergency number 911. SECTION 26.04 PENALTIES AND SCHEDULES Subd. 1 Residential False Alarms -- Residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $50.00 per • false alarm thereafter. Subd. 2 Non -Residential False Alarms -- Non-residential users of alarm systems shall be permitted six (6) false alarms per calendar year and fined $75,'00 per false alarm thereafter. Subd. 3 Grace Period -- There is hereby established a ninty (90) day grace period for all newly installed alarm systems; all false alarms occurring during this period shall not be considered part of the six allowable false alarms per year. The installation date must be vertified by a dated sales receipt for the alarm system, or a dated invoice from the installer of the alarm system. Subd. 4 Exceptions -- A false alarm is excused if prior written notification is given to the Police Department for the purposes of testing or upgrading the alarm system. Subd. 5 Payment of Penalties -- Payment of false alarm fines provided for under Section 26.04 (a) and (b) must be paid to the City Treasurer within • �r Fire Alarm Ordinance OPage 4 30 days from date of notice by the City to the alarm user. Failure to pay the fine within 30 days' notice will cause the alarm user to be considered delinquent and subject to a penalty of a full 108 of the fine. All delinquent charges shall be certified by the City Clerk to the City Assessor who shall prepare an assessment roll each year providing for assessment of the- delinquent amounts against the respective properties served. Subd. 6 Confidentiality -- a) All information submitted in compliance with this ordinance shall be held in confidence and shall be deemed a confidential record exempt from discovery to the extent permitted by law. b) Subject to requirements of confidentiality, the Chief of Police may develop and maintain statistics for the purpose of ongoing alarm systems evaluation. SECTION 26.05 VIOLATIONS Subd. 1 Misdemeanor-- • Any person who fails to comply with the provisions of this ordinance, is guilty of a misdemeanor, in addition to being subject to the false alarm fines imposed by this ordinance. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Subd. 2 Injunction Relief -- In the event of a violation or a threat of violation of this ordinance, the City may institute appropriate action or proceeding, including requesting injunctive relief to prevent, restrain, correct, or obate such violation or threat- ened violation. The standards, procedures, and provisions adopted herein shall be effective February 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.06 EFFECTIVE DATE The standards, procedures, and provisions adopted herein shall be effective January 1, 1984, after passage and publica- tion of this ordinance. SECTION 26.07 SEVERABILITY • It is hereby declared to be the intention of the Eagan City Council that the provisions of this ordinance shall be severable Fire Alarm Ordinance Page S • in accordance with the following: If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be invalid, such judgment shall not affect any other provisions of this ordinance not specifically included in said judgment. SECTION 26.08 PROVISIONS ARE ACCUMULATIVE The provisions of this ordinance are cumulative to all other laws, ordinance, and regulations heretofore passed or which may be passed hereafter, covering any subject matter in this ordinance. PASSED.BY THE EAGAN CITY COUNCIL THIS DAY OF • ATTEST: City Administrator Thomas L. Hedges n U a3 Bea Blomquist, Mayor Agenda Information Memo • January 3, 1984 City Council Meeting Page Seven • There are no items to be considered under New Business at this time. -ADDITIONAL::ITEMS- PROJECT 83-I/NORWEST UTILITIES A. Project 83-I, Acceptance of Utilities Installed in Norwest 1st Addition -- This privately installed project provided for utilities to be installed to provide service to the Norwest Bank being con- structed at the intersection of Pilot Knob and Yankee Doodle Roads. All work has been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recom- mends that these utilities be accepted for perpetual maintenance. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 83-I (Norwest 1st Addition) for per- petual maintenance. PROJECT 82-E/OAKWOOD HEIGHTS ADDITION B. Project 82-E, Acceptance of Utilities Installed in Oakwood Heights Addition -- The utilities installed for this project were installed under private contract by the developer and have been completed, tested and inspected and found to be in compliance with City standards. Subsequently, staff recommends the utilities in- stalled under this project be accepted for perpetual maintenance by the City. ACTION TO BE CONSIDERED ON THIS ITEM: To accept or deny the utili- ties installed under Project 82-E for perpetual maintenance. BE Agenda Information Memo January 3, 1984 City Council Meeting Page Eight PUBLIC OFFICIALS' LIABILITY INSURANCE C. Consideration of Public Officials' Liability Insurance -- The City has solicited bids for public officials' liability insurance from the present carrier and from other insurance companies. Bids are still being received; therefore a report regarding these bids will be presented at the January 3, 1984 Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To award the 1984 public officials' liabilty insurance contract to the successful bidder. s/Thomas L. Hedges City Administrator TLH/hnd as a U E 11