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Document - Historical information/data - City of Eagan's Ordinances, 412 pages. - 1/7/1969• Subdivision 3. -- RENEWAL AND REVOCATION. The Board of Super- visors shall have the right at any time to revoke or refuse to renew any permit issued hereunder where it has determined that any dumping area is unhealthful or noxious or not being operated in accordance with the requirements of this ordinance; provided that before any such permit shall be revoked or renewal refused, the owner of any dumping area or junk yard shall be entitled to a hearing before the Board of Supervisors. SECTION 1.05 -- VIOLATIONS Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not to exceed $100 or imprisonment in the county jail for not more than 90 days for each offense. Each day of violation shall constitute a separate offense. SECTION 1.06 -- VALIDITY AND EFFECTIVE_DATE Subdivision 1. - VALIDITY. .The invalidity of any part of this ordinance as declared by a court of competent jurisdiction shall not i affect the validity of the re!aainder thereof. Subdivision 2. - EFFECTIVE DATE. This amended ordinance shall become effective from and after the date of its publication according to law. ATTEST: ge.7.. £L- Clerk BOARD OF SUPERVISORS TOWN OF EAGAN By Original ordinance adopted on the 3rd day-of/August, 1954. Amended Ordinance adopted 7/ 6s Published in the Dakota County Tribune on a/h>l G 9 rman - 3-2-76 • _- -area, except when.adjacent to.limited.access highways.in.which caae the city - council shall.detetmine the maximum size after reviewing applicable conditions --including terrain, safety factors, etc. _Subdivision 4.---DSIGHT•. No advertising sign shall exceed 40 feet, measured at lot level or roadway level. Whether lot level or roadway level is used is based on visibility factors on the. adjacent roadway. - SECTION 16.05 -- BUILDING. MOUNTED. BUSThESS. SIGNS, STANDARDS: Subdivision 1. -- NUMBER PERMITTED. No more than one Business Sign for each major street frontage shall be permitted on a building for each business located within such building. Subdivision 2. -- DESIGN SIMILARITY. All Business Signs mounted On a building shall be similar in design. ' • Subdivision-3. -- SIGN AREA. No signs or combination of signs mounted upon s building shall cover in exesas of 20% of the gross area of side. Subdivision 4. — SIGN PROJECTION. No sign mounted upon a building is aliaued to project more than 13 inches from the vertical surface of the building. Subdivision 5. — ROOF SIGNS. No sign mounted upon a building is allowed to project above the highest outside wall or parapet wall. SECTIONT 16.06 -- FREE STANDING BUSINESS SIGNS, STANDARDS. Subdivision 1. -- FREE STANDING GROUND SIGNS. Up to one -allowed per building. — Such signs shall be limited to 7 feet total height, with a 4 foot .maximum height of sign area. Subdivision 2. -- PYLON SIGNS. Up to one allowed per building. 'Taan used, a pylon sign is allowed in lieu of. a Free -Standing Ground. Sign. No Pylon Sign may be located within 300 feet of any other Pylon Sign, measured on the soma side of the street. No Pylon Sign shall project more than 27 feet above the lot or roadway level. Whether lot level or roadway level is used is based on visibility factors on the adjacent roadway. No Pylon Sign shall exctta 175 square feet. in area per -4- 3-2-76 41, _-side except pylon signs authorized under .Section 16.06, Subdivision 3. Subdivision 3. -- NAME CO/VISE. When an area identification is required, such as ___for a shopping center, major apartment complex, or major industrial building, up to one Free -Standing or Pylon Sign may be allowed for each major adjacent street. The City Council shall determine the maximum size after reviewing applicable conditions -including terrain, safety factors, etc. SECTION 16.07 — EXE14PTI0PTS --Notwithstanding any other provision of the ordinance, the following signs are exempt from the permit or fee provisions of this ordinance. No exempt sign shall exceed 16 square feet of area except where stated below. A. For -sale,. lease, or rent signs of real estate when located on the property advertised,..and when under 16 square feet in total copy area. B. Church, hospital, or school directional signs, less than 6 squat feet in total copy area. . C. One on -property church sign for each church site. D. Signs warning of harzardous conditions. E. Simple information signs, such as ''Exit", "Loading Dock", etc. F. Simple.nane plate signs on or over the entrance to a place of business or used to identify the parking area of.a place of business. Not to exceed 3 square feet in gross -area. G.-Signs erected by a recognized unit of government having jurisdiction in Eagan, or a school district within the boundaries. of the school district. U. Political signs for a period. of up to 10 days after.an election; provided - such signs contain the name and address of the individual responsible for erecting and removing the sign. I. Temporary signs for special civic events or garage or neighbattood.saled, for a period tot to exceed 20 days. J. Temporary signs for special business sales. There shall be no Mere than three (3) such signs on any lot, with a combined area of less then 25 square feet. Temporary' business signs shall be limited to a period of 10 days out of any calendar month. The 10 days are counted sequen- tially from the day of_ installation of the first temporary sign to.the removal of all temporary signs. SECTION 16.0E -- NON-COI-IFOENING SIGNS A. The Building Inspection Department shall order the removal of any sign erected or maintained in violation of the law as it existed -5- • - prior to the date of adoption of this Ordinance. Removal shell be in,accordance with Section 15.10. B. Any non-conforming.tenporary cr portable sign existing at the time of adoption of this Ordinance shall'be made to comply with the - - --requirement's set forth hereinor shall be removed within sixty (60) days after the adoption of this Ordinance. . C. Other signs existing at thetime of the enactment of this Ordinance and'not conforming to its provisions, but which did conform to prcvicus laws shall'.be regarded-as_non-conforming signs which nay be continued if properly repaired and maintained as provided in this Ordinance end. if in conformance with'other ordinances of the City. If said sins are not continued with conformance of above, they shall be removed = in accordance with Section 16.10, Subd. 2. - -. SECTION 16.CS ---SIGN PERMITS AND FEES Subdivision 1. — SIGN PERMIT"S. No signs, except those specified in Section is 16.07 of this.ordinanoe shall be erected or maintained anywhere in the City o2 Eagan without first obtaining a sign permit. Subdivision 2. — APPLICATIONI, PERMIT & :'.ENEIWAL FEES. A formal appiicatiss together with accompanying documents prescribed by the City of Eagan -shall b_ a. mitred to the City Clerk to obtain a sin permit. Permit fees are as defined in the City of Eagan Fca Schedule, and shall accompany the permit application. All annual renewal. fees shall be paid on -or before June 1st of each year. Subdivision S. -- REVIEW OF APPLICATIONS. The Eagan Building Inspector shall approve all sign permit applications except that applications for approval of permits for advertising signs, pylon -signs and any sign requiring a variance shall be -sub - witted to.the City Council for final approval. Subdivision 4. -- RETURN OF TEE FEES. In the event said application stall be denied, the City Clerk shall return the applicants permit fee,less thestia of $1O which shall be retained as an administrative cost. SECTION 15.10 -- PENALTY AND PEN0VAL Subdivision 1. Any person, firm, association, institution of corporatiou who shall violate any provision of this ordinance or shall fail to comply with any of the requirements of this ordinance shall be deemed guilty of -a misdemeanor and shall -6- • • be fined not more than $3G0 not imprieoa.ed more than nin_ty fl) days. EEach'dey of such violation shall be considered a separate offense. Subdivision 2. A l signs which have not been removed within the designated time pericd req after due notice be removed by the City and any expense incurred • thereof may be charged to the sign owner or assessed against the property on which they are located. SECTION 15.11 — DIVALIDITY The declaration by a court of competent jurisdiction of the invalidity of nmy portion .of thin, ordinance shall not affect the validity of the rest of this ordinance. 'SECTION 16.12 iiFFSCTIVL DATv This ordinance shall take effect upon its adoption and publication accorciing . to law. ATTEST; CITY of EAGAN CITY COULCIL Clerk _ . _ MJayor. Original Ordinance Adopted flay 19, 1964. Amended Ordinance Adopted on Published in the Dakota County Tribune on • • Advertising Signs CITY OF EAGAN SIT FEE SCHEDULE Businecs Cig s(Free-standing) Over 7 ft. in Height ten Ground Sign Under 7 ft. in Height 0n••nuiiding Sign Initial.Fee Renewal Fee 50.00 -• 25.00 50,00 30.00 20.00 25.00 - 10.CO 10.00 610.00 sha'.l be- rntailied as an Qrlminiatrm-f.ivet fee_on all rarvtil.4 wliir'i are denied. NOTE: Fcr all Pylon Business Signs a Conditional Use Permit must be obtained. For sire which do not conform to Ordinance #16 provisions an appli- .caticn must be made for a Variance. - - - -Conditional Use Permit Variance Fee Approved by Council: March 2, 1976 • 75.00 50.03 2 TOWN OF Et= DAKOTA. COUNTY, MI 1 ESCTA ORDINANCE NO. 17 NUISANCES • AN ORDLN.NCE REGULATING THE CREATION OR IIAINTENANCE OF NUISANCES IN THE TOWN OF F.ACL1 , DA1COTA COUNTY, NINNESOTL. THE BOARD OF SUPERVISORS OF THE TOON OF EAGAN ORDAINS: SECTION 17.01. -- PURPOSES It is declared that the making, creation or maintenance of pro- longed,' loud, unnecessary, unnatural or unusual noises affect and are - a detriment to public health, comfort, :.convenience, .safety, welfare and prosperity of the residents of the'Toen of Eagan;:.and it is further.':: • declared thatthe provisions,.contained: herein:': are -for the' purpose of:,.' securing and.promoting-''the public•,:health, comfort; safety and welfare and peace and quit of thei-,,townctd its, residents SECTIQir.,17.02 '-- :CRISES PR:fNIztTRO-` rt`. • It wall he unlawful for an y person to"make,-.Continue or -cause ' to be made or: -continued any loud,• unnecessary or;unusual noise, or.:any noise'which.either annoys,' dlsturbs, injures or endangers' the. comfort, repose, hea th,;,peace:or:safety of others, witnin the .Town of Eagan. SXTit't:"17:03, tW;..IDITY, e r f;t: �.. t The:invalidaty.:of any part of this.,crdinance as declared: by a +..court of .competent jurisdiction ,shall not :affect'. the validity of the f• 'remainder' ttereof S:_CTIC1- 1Z.04 ' .'.nperson who shal violate an �, y � l;•' y provasion of this ordinance shall. be .deemed guilty .of -a misdemeanor and shall be punished by a fine of i at-',? y. 1,- ,- i4, • . . not to exceed fn. Hundred Dollars ($100.00) or imprison:tent in the County jcil of not more,than. ninety (V0) days for each offense. Sad: day that it violation exiits Stoll constitute a separate and distinct • • • offense, pUnisbable as aforesaid.. "...! • SECTIOt: 17.05. -- CUWIACTING ORDII,M.:=2::,alt LED All ordinances and parts of ordinances in cartf1ict 'herewith:are hereby repealed. S=TI011 17.O. -- EFFECTIVE DLTE -;" This ordinance shall take effect upon its adoption and publication • . accordins to latl. 4' .111%..../. ; a e a • • 13OAflL nr -flinispvisoRr, .; '; ”.; r. TCHN CH ErCi11.1 • Attest: Cler!: • • *r• ' . Oriciirtal Crdinanite-:Adoptec: September 15, Amended Ordinar.ce•Adopiefl • Published in.'the..0altota..County 'tribune on' •••••• • • • •• • • • ...^; . tr! &At? •.• 1:4•• S. • . • .• * . 117 e ; . 15 • , . . r. s. • ' ,•••••:• •%.1 • • : '.11(.. • • 1*:. • •••1 : • 1•0;, .;• ".:). • . - •1.• • V.:. • • ;s:,j t'.'; • • r• 3fr7C;4 • . • • :`. taANC:. N0.. 13 MT.NNESGTA CB.T ANAL STATDT?S (Ls;.a±cr•ded) -- - O O BINA:E I;."+.CO?PC:tATTNC BY REFERENCE CERTAIN CRIMINAL STATUTES OF T}IE LAWS OF MIN?1;;SGTA INTO THE OR I TANCES OF TEE TC:UW OF E.'.3AN, DA OTA 0.-T., .71t41 . , I2E 2CARD or SUn r..7xsOftS 0? THE iGt1N 0? EAG.4N OrXALi'3: 6E:7 f;_:d ��_n! .. ?*. ;_7DO•ci? !i:'_. COk'ST_P.UCT-�.OI' is ord:::a:-ce is enacted pursuant to Minnesota Statutes !: xt .;:::atEr•. Se:tica 4/1.62. and other applicable laws of the State of Mi.nceaota. The turp se of this ordinance is to pro:ii:a uniform ::c,.e re ale- ^. i.,n of ._ <i:a_n 1 ,:1aa-a i. violaticas committed in the Tow.i ci: rr4 'a i•.: conformity with the;:: rules a;;plicable to criminal off:.::::es ir: t:i7 cz.s:icr state, T:-7ON i8.02. PROHIBITED 1L, -4- Scct ons 100.29, 160.27, 260.315, 340.03, 340.731, 340.96, 6u9.22, 6C9.30, 609.52, 609.53, 6.09.535, 609.595, 609.635, 609,63, CC9. C5, 509.71. tC9.715, 609.72, 609.725, 609,74, 609.745, and 617.23 tote ._r with ame.e::._t:a thereto ae hereby incorporated by reference end r.a.:e a pert cf the 1tw3 of the Town of Eat;an, Dakota County, Minnesota, to the S...._ ..::cent as if said sections were set forth in 2z11 herein, INVALIDITY The iu:e1i';..:y of any part of this ordinance as declared by a c;,u_t cf cc.tpctc::;c jurisdiction shall not affect the validity of tie _ c-51"_ir!dc tteteo f . (40 pei.4.,71 r.._., ._..::37 v;o'.ate any provision of this ordinance shall be dce<lr.-.1 gv.i1ty of a misdemeanor and shall be punished by a fine of not to exceed T:--a? 1a:ndred Dollars ($300.00) or imprisonment in the county ;ail for rot more than ninety (90) days for each offense, or both. Each day that a i.olation exists shall constitute a separate and distinct cffense, punishable as aforesaid. SECTION 1.9 CS CO'2;FLICTINC1 OFU)IINANCES REPEALED r.1l ard_ t:as and parts of ordinances in conflict herewith are hereby renscled. SFCTION18 c3, •--• EFFECTIVE DATE :rcr: •;': ordin;;rce shall take effect upon its adoption ::ad publication according to law. BOARD OF SUPERVISOSS TOWN OF EAGAN Attest: 181 ry.vo.7. 2clhe By _._%/ John Cterk Chairman Origins' Onl narce adopted October 3, 1967. ire=rase' CcdirAxce .._opted January 7, 1969. t•:.ted F A4 1972 Published in the Dakota County Tribune on January l33 1972_ :and, 1C. It. .;hs1i be ni ..reu1. Lc, pinta decoy: cr: es•.r, blinds in pnl; ' ?t ". •. nor ih:o one hour bei:orc the open season for watcerfr?''l, itt shalt be u•_!1=twiet.l to place decoys in auy public waters more then one how: Lefore n.n se or to rescue a preerant a shooting 1Y2ainOl i.e public Te tors, or to so att's'.nt, by the device of leaving decoys: or a bcaL, nnatteuded in public waters Ler.;a•a:>!1 sunset at:d one hour before sunrise. Subs. 140 Any peo:soi may, and it shall be the duty cf every gaze va::iiLi, to kill any dog pnrsui.!g or killing deer or moose, and no action for damoges shall be msintai: ed against the person for the killing. Sure„ 20. Mooting dogs may not be taken afield for the p,:rpose of training be::ween April 16th s d July 14th, and no person taking a dog e old for training parprSP.9 e';cce,?t :v open season for game birds; vho a;7 fart: 'tn , shall have any cartridges or shells, except blanks, on hic pec=oa, Su',d, 21. No person shall eater any growing or standing ;;rain no his ot:n; wi.thi.::.tant to take any wild animal, or permit any dog with which he shr: be hunting to do so, without permission of the owner or person in charge i:he.reof. No person shell :.t any time enter upon any land rn`. his own with. inrat^r tc .::ay :aiL1 aniii after being notified, either :;rally or :y rtzt':ed notiCCC, i:y the owner, occupant, or lessee, not to do so. No person, �_ tr, 1 while hurting , fishing, opping wild animals, shall <c:ror or Y`on land or co,other, or pass f'':crn one portion of such lands to er,otlr , th.rouE% : closed gage, witt`o-lt retuning said gate to its original po s?.e•il. }_;.. wire or tear down or destroy any fence. :'!hare nor .. ��..._ any person cu'. any _• printed notices are used, they shall bear arclettersonoteless s,than o and shall obe:+' high and shall be signed Sy the occupant, posted at intcrjai3 of not more than 30 rods upon the boundarica of the area SO pro_:'._t:ed. It shall be unlawful and a misdemeanor for arc7 person to erect 'no h.unLi&tg,' no trapping," 'Ne fishing," or other signs prohibiting tresps upon any lands, or waters in or ever which he has no right, title, interest, or '_ie=..rise. Lcy person ether than. the duly constituted legal. authority who shall post: any public lands, including tax forfeited lands, as above dn_rri'.:ed shall h' guilty of a misdemeanor. Subd. 22. It shall he unlawful to take any wild animal on any agrica?.t land with a fire^rm ri.thin 500 feet of any hiLlding occnpie^ by a human bei:'la or by livestock, or within 500 feet of any stockade: or corral co-tL,. ^..' livestock without tha consent or permission of the o:'Ler or occupant O., premises, writ;.i.. 500 feet of any turning area. Snhd. 22. It shall be unlawful to take protected wild animals witl, is e aid of ferrate. Si:i?l, 24 . It shall be unlawful to destroy or molest the burro or dr:e of ar.y wild arlaal between November 1 and April 1 without a pens:.=- Subd 25, It shall be unlawful to tend any trap set for wild zraL3!.:i5 between the hours of 6:00 p. nl. and 6:00 a, m. .. 3 • • • TOWN OF EAGAN DAKCTA COUNTY, MINNESOTA` ORDINANCE NO. 2 TRAILERS AND TRAILER COACE PARKS (As Amended) AN ORDINANCE KEGULATING THE ESTABLISHMENT, MAINTENANCE AND OCCUPANCY OF TRAILERS AND TRAILER COACH PARKS AND REQUIRING PERMITS THEREFORE IN THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: ,SECTION 2.01..-- PURPOSE, CONSTRUCTION.rAND DEFINITIONS Subdivision 1. -- PURPOSE. This ordinance is enacted pursuant to Minnesota Statutes Annotated Section 412.221 and other applicable laws of the State of Minnesota for the purpose of promoting the health,,,safety, order, convenience and general welfare of the Town of Eagan by regulating the establishment, maintenance and occupancy of trailers and trailer coach parks and requiring special permits therefore. Subdivision 2. -- CONSTRUCTION. This ordinance shall be known as the "Town of Eagan Trailer and Trailer Coach Park Ordinance." It shall be construed as setting forth minimum requirements for the establishment, maintenance and occupant), of''trailers drid trailer coach parks in_the Town, of Eagan. Any other ordinance of this Town or law of the State of Minnesota containing greater requirements than herein contained shall be controlling to the extent only of such greater requirements. Subdivision 3. -- DEFINITIONS. Whenever used in this Ordinance, the following definitions shall prevail unless a different meaning appears in context: A. Trailer - I: "Trailer" means any vehicle or structure accommodating office or living quarters so designed that it is or may _'•�. 2' ..+.." :i .... ''i'i f.:Slj' :'-'rn5Jted by tam •ar_missio:ier, J.t: is pal::'.';')'. to L euy species of protected quad_ pd: ni birds with a ^_S:o::Si'u', or to ii. ek: a e:ussbcw in possession. cat of doors or in a motor vehicle in an; territory mL:i,',ll is open at the time for t'dci:'tg any such quadrupeds or birds, or in zr'y ..._:1 ory where there is au open s'?cson for taking deer with firear:,c- fox t'_u days picedi_-g and five days succeeding such a.,._:, unless the crossiin unstr':::,g and eenteiricd in a caae or in the trunk of a r^t.ca vehicle with the door closed. Subd, i'.. It is unlawful to send or receive any message by r.edio from :ay cscrr:ft or motor vehicle or by mea _s of any protable radio for tha p these of i..3._. ting in. or is .ili.tati.ng the taking of any wild animal_ '':. i. e all such. ra. .) and walkie-talkie equipment is registered with the coric:ds-a_.rzar 3f ,. • s':n i r...:1 a permit for use of such equipment is issued to i:he ;.lean:: to take unprotected animals. Upon justified complaint as toteit of 8 permit holder in their hutting activities, to the commi.SS iorier of conservation, the coiznissioner shall immediately cancel the permit and de ,' .:at it be surrendered to the department of conservation, r ..27 t 1.:TIC?sd.I' ;'3r :. (,t RIChT OF F?i;?: 11ISi'ENE ORS Sa':ri. 1. fl iii_TC NOTICES. With the approval of the pre,:__ road zv t:.rIty. billboards fer the use and p::rpose of displaying public notices c.;.:.;- wa: .. .. "reed t: thin the limits of s'ay public highway, including city, v; ... ,. , of horo•raa s. = .ets. irbd. 2. BENC:;ES 6ND SHELTERS FOR PERSONS WAITING pOR STREET Ci�.t. BUSES. &inches and shelters for the convenience and comfort of persons waitin:. for etre;r: cars or buses may be placed and maintained within the limits of .r:. : •erect: or .';; i.yho.E:y, including streets and h:tgh:vcys within cities, villages, hcrougra, Sa%.c:n a license or permit therefor is first obtal,ed from the road andia_i::v The owners may place edvertisi:,g on the benches if v';tir)rized t:e ."',.erns; ..r pe.rnit. The benches shall not b;; ;a.aced or maintained oa the pt i:`_n7 of_ cl''_ hi_i_:ay or street prepared and maintained for vehicle traffic. 3. Out,:oor telicphcne booths. Outdoor telephone booths may be placed cod .w i'raa it ed -:;.ithin. the limits of any public highway, including cit. vi.liss;, or br:roop.b. sS::r ts, when authorized by a written. permit issued Ly r rope.. read pit. 'iori_.y, Sc'ti•t.. �. ::cstoss inspection facilities. United States Customs inspaeti:, cilitl.s ray; 1.1m placed and maintained within the limits of any public :ihway, it:circling city, village, Or borough streets,when a vi ritten permit is :lactted fat _ _c .. lac. t.1..Ci"es by Cie proper road authority. SA . .._ 1C.sdemeenors. Except for the actions of the road au:h?r ':zc .._..air a encs, em-_ loyees, contractors, and utilities in carryig out their d':t ..'•pcsed ty law ^r contract, and except as herein. provided, fr shall be inalawt':;. (1) O''scr;ct any highway; -4- r TON OF EAGAN DABOTA COUNTY, hIINNESOTA ORDINANCE NO. 20 WATER AND Si 2;Lt R REGULATIONS (As Amended) AN ORDINANCE Ii LAYING TO .AND Rii ThLATING THE USE OF WATER AND SEWER, ESTABLISHING RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE WATER AND SLNER SYST&SS IN THE TOWN AND t ATfR3 REL•:TING THERETO, INCLIDING ALL PROP aTfs, MAINS, ;tfvr s AND CHARGES IN CO.1 a ON THER ::;ITH IN THE TOWN OF EAGAN, DiJ OTA COUNTY, MINNESOTA. TMi BOARD OF SUPERVISORS OF THE TOWN OF EliWt, ORDAINS: SECTION 20.01. — EST ELIS}1i S'TP CA' DEP.ait:24 fl There is hereby established a dater and Sewer Department for the Town of Eagan. The water and sewer systems as they are nou constituted or shall be hereafter enlarged or extended shall be operated and maintained under the provision of the Ordinance subject to the authority of the Board of Supervisors at any time to amend, alter, chan.:e ^nd repeal the same. SECTION 20.02. -- BOARD OF SUPERVISORS The Board of Supervisors shall true charge and management of the water and sewer systems, subject to such delegation of the authority to the Town Engineer, Utilities Supervisor and to the other Town employees as the Tot'm Board shall provide. SECTION 20.03. -- UTILITI'ES SUPERVISORS The Board of Supervisors shell, from time to time, appoint a person to serve as Utilities Supervisor to enforce all regulations pertaining to sewer and water service in this Town in accordance writh.this Ordinance. SECTION 20.04. -- APPLICATIONS, PER+STS AND A•b:ES No person, firm or corporation shall make any type of connection to the water system, sanitary sewer system, or storm sewer system except -1- upon malcin^ an .nnnlicaticn therefore oR e for[ provided by the Tocrn for ,such purposes.: The application shall inciude the le;331 descripticn of the property to. be served, the uses for which the connection is requested iand the` i c.c£ the"servlcc.:line to be u cc. o,eannectior<sha11 brr.ade with respect to any sanitary sc•rer, ater-.y tea cr'.storm sever system coririn., the property of any person or occuiiant.:cf the an'd, parcel orprc a caffected that have not paid or.nrovidec for the payment "of the Lull :end proportionate share of the i`i Utzi"sties. c At the time of t`.i id: ouch application, there shall: C. p i::`to t_e. Tour Treasurerthe follovin ;£Cs for the foilovin:j pur- For service to 'property. to vl:ich service .lines _have not een`+;reviously run£ron the Street laterals to the property,line, the occuocnt! or user shal l.p^y into the Town Treasury an aaount not than -the spst c.f :rah in the necess r-2s 'Cannes t io n :taps and in tallation,,y;.: .- sp=� nd npurtenencc to provide scrn1ce: to the property,anc '. :, nece ary tr 2t .repairs`; ri .v '� t • , ;F r; [( ) ^o , ervic .yy�ko property to ri sett ervioc Linc h ve bc�n jyil'"'"a e-t .H e Z'4j'l,• a. y w«1v _'. un t to + ao crY• '" Li 'abut>irhich �v n t [�ecn aid foi Yfi o .nc r, a "tK sal. Z-F .y. v �y« Rev3 S-ra y [ a :- Rest a?`-�i 'f% k *ifr �, e n r ct. fj .4y`ydcr� p"�."�µ' "Y:. ,a -w t 4 :�STM w 4 ` "a CCUpatiztfr a3CY .,h.,11 pay in.c. ho r. to`pay,ch ,:t. iR,;.the >_ad �T>eci T . sc • snit o he levied �,,c.ixStrt'ie property to be .v .,:i L � 5 -' ,t r• ye ' u ' i ..: ; ' ��i[ over -hurter jt year 'coincident vith�ratu sty requircrtntc of'`^n}' onds sold''for: t'[e pur o of [ inariHi . the con ! .t . ° .�: a . i y [i ` struction o auni•tary .,ever, mum eipal`va er or storm ewer, system serving A"'•the property,<ti Said cash payment or €Tssessment.tchar3e shall be- in the., q- G ._ a .^;. ,a} princz al mount of not less than the made by or charges •placedu° a-r arsinst"comp rable properties for like services for such sanitery.sewer, • • water or storm sewer system in an amount as may be established by the Town Board. In the instance of services run to the property lines as provided under (A) herein above, the payment to the Town Clerk of any amount required under item (B) shall be reduced by the amount paid to the Town under item CO hereof. Payment to the Town Treasury in the form of a Special Assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance. (C) Where application is made for connection of any single family residence to the water system, the applicant shall pay to the Town Clerk a connection fee in the amount of 4'170.00 which covers cost of supply, storage and main oversizing plus the cost of the water meter. Where cation is made for connection of any single family residence to ,the sani- tary sewer system, a connection fee of i200.00 for sewage treatment plant plus :100.00 for trunk sanitary sewer shall be paid to the Town Clerk where no assessment for the cost of construction of the trunk lines and/or disposal plant has been levied against the property sought to be connected. Fees for the connection of schools and churches shall be based upon area equivalent to minimum residential lots for trunk service and on a usage equivalent for disposal plant charge. Foes for the connection of commercial and industrial properties shall be based upon area and usage population equivalent factors to be determined by the Town Board.' There shall be a connection fee for water or sewer connections to multiple housing of 75-6 of a single residence sewer charge for each living unit to the multiple housing unit plus the cost of meter or meters required. Before proceeding with the construction, enlargement, alteration, repair of any water or sewer lines connecting the water system.;, sanitary sewer system, or storm sewer system and any house or building, the owner • J or his agent :hall first obtain a permit for Such purpose free: the n"n ci- pal ty thrcugh its Town Cleric. The applicant shall pay to the Totzi Clerk a fee of $7.50 for each such permit. Projects requiring inspection on Saturdays, -.Sundays or holidays will be inspected on these days upon requcct by the owner or his agent and payment of a double inspection fee. ':A permit from the Town Clerk is required of all property owners or ,Commercial pumpers•prior to pumping any cesspool in the Town of Eagan. The applicant -shall pay to the Totin Clerk a fee of $1.00 for each such T plumb±`rig inspector sha11 e:cemine all applications before. construction • s beg+.t; nd after the construction, enlargement, 'alteration or repair is completc'rthe.plumbing:.,in pector shall be notified. :It shall be unlawful to coveryany .connecting line until an inspection hasbeen made and such connection and the work incident thereto hai been approved by the Town co a proper and°lAtable connection, r Beforeany c%atezconveyed_ through the municipal water system shall >>.be used -or utilized en the land.or'premises'of. any-person,firm 6scorpo:ation 5 tthefer hast pe' installed a meter meter that will accurately measure th " ater ,con.,umed�in ihe''premisei.;i •' W .n N �' < ,h� ° .*'^iMr ' :._ t. F`t't;'V 4 , ,Anit'zae ' `�� residenC 'ai. - ran Ruch;other; Co�ewecl oH�s may 416 permit the atse'p "the same kind of water meter' shalt be furnished tby rthe iT• own as ..ct,,,forth ahgve.at suchtune as the uatcr connectionscharge ha, been p�14 idx %t tte vent special meters arp.required for'commercial cat rndu^,triaI•" connections;. when the;:applicanntshall:furnish-a meter of thetype approved by the Toun f;or such.connection, n .. NdtLnectiort of water:or.setrer service shall be made to any house or building unless the plumbing therein has been installed pursuant to 71rn v:'-the'1'atest I'Iinnesota Plumbing Code, provided that this shall apply only - 4 - • • • to construction which has not been completed prior to this Ordinance. SECTION 20.05 — PRIVATE WATER SYSTEM AND PRIVATE SEWER SYSTEM UNLAWFUL IN THE TOWN OF EAGAN It shall be unlawful for any persons to install private water system or sewer system in the Town of Eagan except in such cases as the public water and sewer system are not accessible to the premises where such private systems are requested. To determine whether or not such public water and/or sewer systems are available for connection, each person or corporation desiring to install a private water or sewer system must first make appli- cation for connection to a public system. Upon resolution of the Term Board of Supervisors determining that it is not feasible to connect the applicant's premises to the public water or sewer system, then the applicant shall be granted a permit to install a private water and/or sewer system. Each residence or structure with a private sewage disposal system shall have the septic tank and sub surface disposal system in the front yard or shall have a sewer service line installed to the front of the residence or struc- ture which shall provide a convenient connection to future pablic sanitary sewer to be installed in the public street. A permit for a private sewer system shall not become effective until the installation is completed to the satisfaction of the Town Engineer. SECTION 20.06 -- UNSANITARY DEPOSITING OF WASTES PROHIBITED. It shall be unlawful for any person to deposit or permit to be deposited in any unsanitary manner any human or animal excrement, garbage, or other objectionable waste on public or private property within the Town of Eagan. SECTION 20.07 SEWAGE DISCHARGE TO NATURAL OUTLETS PROHIBITED. It shall be unlawful to discharge to any watercourse, pond, ditch, lake or other body of surface groundwater within the Town of Eagan any sewage or other polluted waters, except where suitable treatment has been provided. -5- SECTION 20.08. -- IMPLIED CONSENT TO RULES. REGULATIONS AND PATES Every personapplying for water or sewer service, every owner of property for which any such application is made, every personaccepting wafer or sewer;services and every owner of property where such service is .accepted subscquent to the passage of this Ordinance shall be deemed upon making such application or accepting such service to consent to all rules, regulations and rates.as established by this Ordinance and as may hereafter be set forth and adopted by the Town Board by resolution or ordinance. SECTION 20.04. -. METER READING '.'t, Subdivision 1. METER READING SYSTEM.;.The Board of Supervisors may provi'dc a system of water meter reading by any method deemed suitable co•;; t the purpose;by the Board. The Board may also establishbilling areas ),;districts and.provide for the reading of meters and billing charges monthly ^'or,by calendar, quarters, or such periodic: intervals as the Board of Sup.c:r �visors.shall:determine suitable.' and. necessary from time to'time, q .,t Subdivision 2 ;'DISCONTINUED SERVICE.2 The Town reserves the,.iight rs} "to discontinue'-serviceto any customer of the water -and -sanitary sewer system without notice when necessary for repairs,: -additional connection or recor kyk��ectd4`;or fgr.non payment oftharges-or bills:dr for disregard of any rul yis8 3.15`s. a..r ='7ot5 "G4' [» j- f c i. .?�.i"rtut yq +`, _wk ,�4 : fL or regotlag ions, •co11 ec'tionjt the use or operation of saidr,`sys'tem + [dhen KA2 '�^n' ?6't. '2!"i nf�' :. 4+ •:C ' } "fir':. irt* ,k wen apy:servie' chas,bekediscontinuedr n .fonopayment of charges or bills .isregara::Of any rules;pr reguldtions ox for.any other purpose, It shall not be resumed excep. upon4payment of..the charges or`-bills:taccrued,t` * together7with interest,tthereon=in the amount' of6% perrannum oY compliance y -'� 'r � aF'• � • "' �' '°-%, �' t r:...with the ruies'and regulations previously violated and payment•tothe Town a res.toratioi4 fee inthe sum of $10.00. ubdivision 3..- DELINQUENT BILLS. In'the event a water or seae whether'.incurred prior`or subsequentto the passage of`this Ordinance, • unpaid nt the end o= the calendar quarter or the bileJrt ;'e::loci' under which the billingIS sent out, the bill shall be considered delinquent end the may be discontinued as provided in Subdivision 2 above and the Board of Supervisors may cause the charges noted in such billing to become a lien against the property served by certifying to the county auditor the amount of said delinquent bill in accordance with the statutes of the state of `'rr% Minueaocae' q *, SECTION 20.10..- BILLING REGULATIONS F. '.Tile Board of Supervisors shall have the authority to prescribe by.Y ;eseiutlen the rates to be'charged for water and sewer service to the ca-. .tocer from time to time and may prescribe the dat'of• billing;. a discount " rc; jayment within a prescribed period .and/or penalty for failure topay rt.. Xr�..., 1.t,rwithitisuch period and such furtherrules and regulations relative to �o use.and o eration of such system as it maY deem necessary from time' to *i.'e, SECTION.20.11 - 'FAULTY :METERS a metez fails to register or accurately measure the water, the charge - or water eon timed 'phalr be paid for.at.the-established rate based upon past average bif'lings as determined by'the Utilities Supervisor. ; SECTTOO_ 2O 12: n, LEAK IN SERVICE LINE ' > •} i 1/2n owne ,; 9C rcu¢anti or uset,,oP'tos_ pXemiseg who shals1' discovex A;teak 'e S.. tea.`. lMi r .K } "l ricks' ig {. 2. v < :. tF- na s rviba'',,1Fttey�+�t[tie?eaatses shaf�} notify' the4WaicY,�pepartmenPwithin tt4enty loin hour ,Any water wasted due to failure of such person to comply;'' .. af.. ► q+tt'h this regulsatiba shall be-estimated:by'the Water Department and be^r'k. -'charged foY Rgal.nst the owner at such. premises at the established rate. ;;pro.' • :'SECTION 20O 13. - CCNNECTIOF7'REQUIREMENTS There shall be'installed in every connection to the Town water system one stop and `waste valve which shalL..bE installed at a point between the 'curb stop and the meter so that the water may be turned off and the meter and house plumbing entirely drained. .There shall be installed a gate valve in the pipe on the' street side of the meter.. There shall be installed another valve on the house side of the meter and a meter yoke o£ approved by the Town 'for convenient installation 'or removal of the type the metier. • All service:pipes connected to the Teen system shall be of TYPE K copper;. a. minimum 3/4s inch inside'diamter, cast iron or its approved equal. and shell be laid at a depth not -leas than 64 feet below the establishedgrade, or.. as. low astheist-kiln 74%`•ik-detector' check: with bypass meter shall be •required on all fire .r3' iw 'a -•.'•aped ler service lines.' Water service ;line;may be connected to the fire • se/Vice'line'withit the building on the water imain side of the detector check. Every.'gonnectionIto the sanitary sewer„system shall:normally be.eid et" •cast';iaon sewer service .fine not less than 4 inches.inside diameter e �, • ;lots shall bgrmade. using. preformed neoprene; gasket, :or lead"and oakpm fi;ra.y. y �;jr,p �keY3 &fltq • ... rase tzu.. veto•, service.nine Shall •bey extra heavy cast • Z 1 leot.,seil tips'or centrifugally cast: service bieight. east iron soil: pipe 1,.., `• timid& a+.>'roitercia*L$tandflt .NQ.:,o P.,i88,5S.,inde. . benSect Babestosi 9Livinzrlchlo;ide oi'nfrghei:-,equal materiels 4 •-. $ ens, upe i;egiiest Misers* tsf,j�he Utility titan Supee ti n4 der rt►o +c3i ytiw es' aha1L• clay pt}sa`smaller :than 8 inch'. sr. .y ,}R_ r�R. :.T p''r-�-" ' • :♦ t 4 ametcr Or bitnminized fiber pipe be used foe' sewer services.. Clay pipe. %ces.RhaFt t be used where the service stub:ls smaller :then the -build "tite, responsible for ,a less ;than)./8" per determining that the proposed service line Shalt have not .,#.:-•', .' -. . 1. �,:. foot fall:•from the sewer service stub'to•'the sewer outlet • tr... •, .. SECTION 20.14, WATER MiTER.REGUTATIDNS, Subdivision 1. y� .MEtER'APPLICATIONS.'.All applications• for the inatall- 7' ation mg?nKenance and repair'of water meters shall he made .. the Water ,Departmentl.catch shall proceed to comply with such application within a reasonable time thereafter.. ;.... j. 41, s". ' .i Subdivision 2. +-WE+ER REPAIItS. •No other persbit,• firm or corporation v. othar khan the. own of Sagan or• its designee, shall mmaintain Or • repeir • any bpi - -. - water Meter within -the Town .Every water meter connected to she .,. e..:• water system. shall be sealed by or:under.the•direction of the';Water..4L rt; '7 *entt; and. no'.other person, firm or orporation 'shall, break.'or remove such '. :x• i'• see .. Pro ' ' ? r. b �' •''":� ; ".e " necessary repairs. cases:vhere a 'seal Ts broken. or, a meter !6 removed by T a r eitt .F A Ri A p. feet - tilt :' 6e el s 1pmken ar ;$e meter �emo from the house or structure served: Where questionable, both ends of the sewer service connection shall be eitposed and `actual elevations determined before the sewer service is laid. .A house ar building semi•... iw.ting mono than one 90° bend avian 45°.bends shall bave an inspection manhole ort • tileanout of the type approved by the Utility superintendent for each • ,additional bend in the service line.'! uide� bwwever that a plumber licensed to do business .icy the State ofMint►e 'ta may break sudh seal to remove such meter for , • i a Yhenei ra sed3 ac• tp y intdetthei4irecti.on'c?• the • • : 1 to De 'Los t feafounfl broken, the broken condition of such seal $hall b: �'1p7ir g: ...Token, �••4 `.t;.. `J' wand J"y gitaa E hat h eat.• was broken contrary #o'the te{+ns tt lumber.chalk noottify he Water- eparttaeflt pf ,� } a.y.✓.'' �iyfalt; •+3 Z (• •' lids. r 5.4 ,Jr:. > _ - 1.4r. Ct40naY'.$o ytia a Ter. t ee .ni• s ved • d to a wa"tax meter by acie:.evidenoe't such s • .+1 ,• • i �%'• in.. `'s 4 _a. ' .':.''fi •, .r�*• f.s *�v., 'l.��y,•, ,hi. `, ai fi rovfsions'....violation of this ordinance. _ r ` .su• di s^t'�A _" r.� ,Subdivision, 3X, = MCTER -'INSPECTION. �: All water meters 'connected to the _•w '•3 - .Y a?i%✓• .ti tic .� • : .. •water systemshall"be accessibleto the Water Department at any•reasonable.,• be mounted on wheels and used as a conveyance on highways or streets, pro- pelled or drawn by its own or other motive power except unoccupied camper type trailers or vehicles or sports trailers. B. Person - The word "Person" shall be construed to mean in- dividuals, partnerships, firms, companies and corporations. C. Trailer Coach Park - The words "Trailer Coach Park" shall be construed to mesn any site, lot, field or tract of land upon which two or more trailer coaches are located. SECTION 2.02. -- TRAILERS LOCATED OUTSIDE TRAILER COACH PARKS Subdivision 1. -- UNLAWFUL PARKING AND STORAGE. It shall be unlawful for any person to park or store any trailer on any street, alley, highway or other public place or on any tract of land within the Town of Eagan except as herein provided and as permitted by other applicable ordinances. Subdivision 2. -- EMERGENCY PARKING. Emergency or temporary parking or storage will be permitted on any alley, street or highway for not longer than twenty-four (24) consecutive hours, subject to any other prohibitions, regulations or ordinances affecting such parking, except that construction "shack" trailers will be permitted during any reasonable construction period. Subdivision 3. -- STORING OF TRAILERS. No person shall park or occupy any trailer on the premises of any occupied dwelling or in or on any lot which is not a part of the premises of any occupied dwelling either of which is situated outside an approved trailer coach park, except the parking of only one unoccupied trailer in an accessory private garage building, or to the rear of the front building line is permitted providing no living quarters shall be maintained or any business practiced in said trailer while said trailer is so parked or stored. SECTION 2.03. -- TRAILER PERMITS REQUIRED Subdivision 1. -- APPLICATION AND FEES. e'. trailer permit is required for each occupied trailer within the Town of Eagan. This permit shall be renewed annually. The application for such permit shall be filed with the -2- hour of any business day, and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after such • owner or occupant has been notified that admission is desired for the pur- pose of inspecting a water meter installed in said premises shall constitute a violation of this ordinance. Subdivision 4. -- METER REPAIR EXPENSE. Said meters shall be repaired ,. from time to time -.as it necessary to insure accurate measuring of the flow of water, except that whenever a meter has been damaged due, to negligence on. the part.of persons other than the employees of the Town, the owner, ;��.• occupant or user of the 'premises or such other persons desiring the use of the Water shall reimburse the .Town for the expense of repairing any such eter. ,,Upon failure to'.reimburse the Town within a reasonable time and upon". demand therefor, .the water services and supply to'said premises..may»be shut: 1..-off'or discontinued:as'.determined to. -be in the best interest:of the Town. SECTION 20.15. -- UNIA- FUL TO TAMPER TTITH METER '" . *,. Itshall be: unlawful for, any:person to tamper with, alter,. by-pass or.`.; y } e any-fpanner X hatsoever interfere.with_the.proper use and functioning of a`F : 4any water meter:within;,the Town. {` Y:.. :SECTION-20.16.,-.' LIAR ILITV FOR' REPAIRS FT+, l'4£ter the ini£ial eonnec;ion has been made,to thevcurb atop or--414 the t��rt hewer le�dje' tli� app i{cfant;,=owner or the occupant or user of'such premises ; r VV� a- �: i^ ,( • t S"F `.f""I"• Af ro .'irt V t ,:�• . . .. •ic)C �f �,, *'.,: Hai} b&'t1ahie €oriall:+repairs:.required to,.any water .line or any'sanitary s�toim setJer+lines"between latop box and the building or buildings. A Stiel e the responsibility"of the applicant`, owner, occupant or user to ': utaintaiea i+®estop' osr'aE such height :as will insure that At 'remains above the �^ ..'.R; r' -'��. rode Xbf the'and or piopedty.S.� wf, -1£' SECtION 20:'1 INSTALIATION OF CONNECTIONS All -connections -to' the water system sanitary • sewer'system performed by a plumber licensed to do plumbing in the Town of Eagan; except that nothing in this Ordinance shall be construed as to prohibit an indivi- dual owner from obtaining.a permit and installing such connection by his own labor, provided, however, that said construction is conducted under the regulations of this Ordinance and requirements of the Town Engineer and Town Plumbing Inspector. SECTION 20.18. -- TOWN NOT LIABLE The Town shall not be {failure in the supply of water to the • by shutting off the water for repair held liable • at any time for any deficiency or-, customer whether the same be. occasioned • or connections or SECTION 20.19. -- WATER AND SEWER ACCOUNT DEPOSITS:.i4 • [t,H.WhenYli water and/or sewer -connection is requested and a meter is deliver- _ •:..,. for any cause what- ed to the applicant or where water service to an existing meter-as.-!Xegae>ted, r s. 'the applicant shall be required to make a $15.00 deposit for -each water account and/or sewer account.. The account deposits required by this ; r.ordlttanee.'shali=be returned -to. the perscn making such deposits or his .-Hassignee.enly.after compliance with the following' conditions::i...` : (1) :Written'requegt,directed to the Utilities Supervisor after' 4 ass• .tbe water sexvice.b 4isconnected„ iv ^'Inspection of .the meter,by the Utilities -Supervisor after ( the service has been disconnected to determine -0sugh m r_y e�gndamaged•and in-Yproper workingiprder.. P4ent:"of ail'delinquent or unpaid water and sewer charges -accumulated'to,.the-date of the termination of such service. Whenevet any consumer shall become delinquent in payment of any sewer Nov t'F-•„/`.,; q. 4�:. ;_ ^''. or watt- charges' the .Town may deduct from said deposits the amount of ;uppaid'bi 15 and may discontinue service to•the consumer until the depleted ,z via S*4- 1%Yti 1 _±4 (4,.2'`' i.. ''• ' - � ,. "'-•deposit.shail be: increased to the amountrequired under this Ordinance.; In the -event that any service connected prior to the passage of this Ordin- ance for which no such deposit.wos required is disconnected for non-payment of sewer or water charges, such service shall not be reconnected until all delinquent charges have been paid and the deposits required by this Ordin- ante shall have been made: When the consumer making the deposits required under this Ordinance shall transfer title to the property, the new owner or lessee shall become entitled to a refund of the deposit if the former consumer fails to apply for such refund within six months after transfer of title or possession and upon compliance with the requirements set forth above .for refund of such deposits.. ' .. - 'i. SECTION 20.20. -- STORM. WATER NOT PERMITTED IN SANITARY SEWER SYSTEM It shall be unlawfulfor any owner, occupant or'user of any premises to• • direct. into or allow any storm water or surface water or.'water.frem air conditioning systems to drain into the sanitary seweri-system of the'Town.of Eagan.:.To footing drains -or subsurface. drainage lines shall be connected to thd' sanitary sewer system. " .� • : SECTION 20.2'1. -- SEWERUSE 'REGULATION y� rq'person shall .discharge or cause to' be R _F• waters 'or warteE§ to =any .puhbl3o.` sewers -` ' A. Any gasoline, benzenel a.eaptha, fuel'oil c i :explosive liquid, solid or gas.` discharged any of the described Any; waters or.:wastes,coitainin„,corrosive, toxic or poisonous solids, "liquids, or gases in sufficient quantity, either singly 'or *by' lnteraction. other bastes, to: injure- or interfere,;with any sewage treatment process, 14a. constitute -a hazard tohumans or animals,' create 8 public nuisance or create any hazard in :the structures,` equipment, or receiving waters of the sewage , treatment system. -12- C. solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works as such, any other substances, materials, waters or wastes if it appears likely to eta Town Engineer or Utilities Supervisor that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property,.or constitute a nuisance.. SECTION 20.22. -- EXCAVATION [2CRK AND TESTING OF METERS Subdivision 1. -- SUPERVISION By PLUI•MBIUG INSPECTOR. All installation work or repair of connections to the water and sewer systems, including grades, •r bends and backfilling shall be performed under the direction and supervision_: '-`''.of the Plumbing Inspector. No work shall be covered or back -filled until .y directed by said inspector; All work and excavations shall .be protected by barricades and warning markers and lights reasonable and suitable to :the-,.'. .z purpose. The Town shall be held harmless of any claim or loss as might. otherwise: arise for damage, loss or injury caused by or arising by reason ofsuch work being performedk.and the applicant causing such work to be done shall give1pndertaking`to the 7Townwith respectthereto.:.'.'•9 p£j ivis4on 2 - 'STREET: EXCAVATION PROHIBITED. No digging in,_a per-, manent:type street shall be.permitted'exceptby special permission from the Town. ' w t. itSubdivision 3. - METER TESTING." tlhenever a water user questions the accuracy ofthe meter' and. desires that his meter be tested, he shall pay a fee of $3.00 if themeter tests accurate within the range of minus 47 to plus1r . If it is, not accurate within this range, ,no charge will be made for testing and, an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate, not to exceed two (2) billing periods. -13- SECTION 20.23. -- EMERGENCY RZGOIATIONS The Board of Supervisors way impose emergency regulations pertaining to the conservation of water by resolution of the Board of Supervisors and by giving notice.by publication or by posting•in the Town Ball and at such public places as the Board may direct. SECTION 20.24. -- RIGHT TO ENTER LAND The Town of Eagan by any authorized employee or agent shall have the s'' right to enter and be admitted to any lands and property in the Town for the �.. . purpose of inspectinn of materials, plumbing work and fixtures of all kinds used by or in connection with the water and sewer systems. SECTION 20.25. -= PRIVATE WATER NOT PERMITTED IN TOWN SYSTEM Whenever any premises are connected to the Town water:system, there shall be maintained a complete physical separation between the Town water supply system and the private water supply system so that it is impossible to intentionally or unintentionally allow•any water produced by a private system to be. introduced in the supply line from the Town system. SECTION 20.26. -- SEPARABILITY OF SECTIONS . portion of this Ordinance. shall be held invalid, the invalidity pf such portion shall not affect the validity of the otherrproVisions of' this ordinance which shall'continue in full force and effect.'-.' ry SECTION 20.27 PENALTY PROVISIONS . ' Any. person who shall dok r commit any act. that is forbidden by the pro- 4 , 4 Y..t.e ; 'L visions of this Ordinance shall be guilty ofa misdeineanor.and upon conviction thereof'shall be punished by a fine not to exceed4100.00 or to be imprisoned '.in the county jail or county workhouse for a period not to exceed ninety (90) days. • -14- • • • SECTION 20.28. -- EFFECTIVE DATE This Crdinance shall be in full force and effect from and after Its passage and publication according to law. ATTEST: HOARD OF SUPERVISORS TOWN OF EAGAN By Clerk Chairman' Original Ordinance adopted June 8, 1967. Amended Ordinance adopted: Published in the Dakota County Tribune on -15- • • • TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 20 -WATER AND SEWER REGULATIONS THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEN ITS ORDINANCE NO. 20 AS FOLLOWS; SECTION 20.14 -- WATER METER REGULATIONS Subdivision 2. METER REPAIR. The following sentence shall be added after the last sentence in this subdivision: In the event inspection of water meter reveals faulty installation of said meter, requiring reinspection after appropriate changes and repairs are made, then said person, firm or corporation making the faulty initial installation shall pay a fee of $25.00 for the additional inspection. SECTION 20.28 -- CONFLICTS Am EFFECTIVE DATE Subdivision 1. CONFLICTING ORDINANCES REPEALED. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Subdivision 2. EFFECTIVE DATE. This amended ordinance shall become effective from and after the date of its publication according to law. Adopted this day of , 1970 TOWN OF EAGAN ATTEST: BOARD OF SUPERVISORS By. Town Clerk Its Chairman Date Adopted: Date Published in the Dakota County Tribune: • • • 74.1%;:f c.cG DF.4 r G Of: r.:-.cs ' --r•c 1VIJD-uf. 0; F.;XjO•Su. tic! ob p ir01^: :Z re-i.L'• . . I c TA T LOW ULM; III cc cpG v17.,f:G Xon c-c, L. c.s 1.742 's • 1'.•(;.,1::Et..1 ;rt.!! b..1,±:. 11.,,rd liE:1015q157.1 ::;;;I:1 1 Liz ;:ccci rie.35! . . TY-mnirticTilu 5:;v2fl hr-IX 7.:GC; . V,:'31•Cr:IC-11010"Ti&g:FIC:7A7-c::OW urc;r:jj (t • 4 ..etcc0 Ef Fr: z,) (1. 0Vic,f.: Gr. rg y sr..c-ci,- ,fljI r.) cpC !icy '4111'J1i; gYvtir rw- c s .GuiGt -- 74E1E5 isEedir?)16.0:::: ; Oct .T.10 t C.) VS; sIZO,ri"ona so2a..1. :1•{71..;•101,,:i of EV01.:.,;:' :tfS 0 — . • 7,C.) .• :• • •• . • • DV:CO cr PNCVI.di • • • • CITY OF EAGAN DAKOPA COUNTY, MINNESOTA . AMEN3aENT TO ORDINANCE NO. 20 - WATER AND SEWER REGULATIONS THE CITY COUNCIL OF TEE CITY OF EAGAN, DAIKOTA COUNTY, MINNESOTA, DOES HEREBY ht€ND ITS ORDINANCE NO. 20 AS FOLLOWS: SECTION 20,04 -- APPLICATIONS PERMITS AND FEES Subsection (c), paragraph 8 on page 4 is amended to read: All matters for residential housing and such other connections as bay permit the same kind of water meter shall be furnished by the City as set forth above at such time as the water connection charge has been paid. In the event special meters are required for cocmnercial and industrial connections, the City shall furnish a meter for such connection. The cost of all meters shall be charged to the owner. ATIE2T: CITY OF EAGAN CITY COUNCIL Dated Adopted: Oc obar 1, 1974 Date Published in the Dakota County Tribune: By: TOWN 07 EAGh1- DAKOTA COUNTY, MINNESOT. ORDINANCE NO. 21 ELCTRICA,L AND PLUMBING LICENSES (As Amended) AN ORDINANCE RECUIRING PERSONS ENGAGED IN ELECTRICAL AND PLUMBING WORK TO SECURE LICENSES THEREFOR. THE BCARD OF SUPERVISORS OF THE TOWN OF E.AGAN ORDAINS: SECTION 21.01. PLUMBING LICENSE - No person, firm or corporation shall enrage in the business of in— . , stalling, altering, extending, repairing or maintaining any plumbing work of any kind or any nature until after he or they shall have first •,,..:.obtained.a license from the Board of Supervisors to do such work. Liceascil •55shall be issued only to indiv:tduals.or contractors as provided by the .applicable.statutes of the State of Minnesota.:.Anyone not so licensed 'l• .. may do'plumbing wor.which complies with the provisions of the minimum :.J. standardsrprescribed by this chapter..on premises or that part of premises ,*owned and actually occupied by hin as his homestead,.` Application for r such,,J't=nse shal5 bt'mnde to' the Board•of Supervisor., or their duly s , s uthorr ed re resentatr+> P e aid su:h license shall be nranted upon'.proof- the1 ;pplrcan•�sga21-4;fi� c: atiois and -upon the filing .of.a bond`• 3n'the -amoen5:of, o Tho• usand Dollars ($2,000.00) conditioned upon~ compliance : . with this" Ordinance„. The annual •fee for a license to -.engage in the ' business of. plumbing shall be fifteen dollars:($1500).. SECTIOS 21 02. -- ELECTRIC`L TItENSE t- f fat r - No person, firm or corporation s'iallen,arc la iiee'bustuess l �,. . installing,'a1tering,.extcnd ng;..repairing or .,aint ining any electical- • Town Clerk not less than fourteen (14) days before said trailer is ready for occupancy, and shall be accompanied by an inspection fee of $15.00 for the original permit and $10.00 for the annual renewal permit. Before ap- proving such application, the Board of Supervisors or its duly authorized representative may inspect the trailers and the premises upon which it is proposed to be located to insure that they conform with the requirements of this Ordinance and the law of the State of Minnesota. Subdivision 2. -- REVOCATION AND INSPECTION. The Board of Supervisors is hereby authorized to revoke any permit issued pursuant to the terms of this Ordinance, if, after due investigation, it determines that the holder thereof has violated any of the provisions of this Ordinance, or that any trailer is being maintained in an unsanitary or unsafe manner or is a nuisance. SECTION 2.04. -- TRAILER COLCH PARK PERMITS Subdivision 1. -- PROHIBITIONS. No person, firm or corporation shall hereinafter construct, establish, conduct, operate or maintain a trailer coach park within the Town of Eagan except after obtaining the special permit therefore as hereafter provided, unless at the time of passage of this Ordinance such trailer coach park was duly authorized and licensed by the State Department of Health of the State of Minnesota. Subdivision 2. -- SPECIAL PERMIT. A special permit to construct, establish, conduct, maintain and operate a trailer coach park, to be licensed by the State Department of Health may be issued when approved by the Board of Supervisors after a finding by the Board that such trailer coach park when constructed, established, maintained, conducted and op- erated, complies with the standards, regulations and requirements applic- able thereto as established by the Department of Health, and such further laws, standards and regulations applicable thereto enacted and required by the Town of Eagan and not in conflict with state law. -3- • wort: of any kind or nature tall -ass s;,ch person, firm or corporation holds a license from the State Board of Electricity. Anyone netso licensed may nevertheless do electrical Cork which complies with the minimum standards established by this chapter on his own homestead but never- theless must comply with any state regulations in this respect. Each such person shall file with the Town Board a correct copy of such license from the State Board of Electricity before commencing any electrical work in the Town of Eagan. SECTION 21.03. -- PEN;.T.TV Any person who shall do or commit any act that is forbidden by the .-provisions of this Ordinance shall be guilty of a misdemeanor and upon ..conviction thereof shall be punished by a fine of not to exceed $100.06 or to be Imprisoned in the' county jail or county workhouse for a period nct to exceed ninety (90) days. . SECTION 21.04. ..VALIDITY AND EE'rFECTIVE DATE q, 9u.b3ivision 1:: -- VALIDITY,• The invalidity of any part of this -•Ordi.na*ace as declared by a court of competent jurisdiction shall not e.if::ca the'validity of the remainder thereof. Subdivision 2. -= EFFECTIVE DATE. This amended Ordinance shall become effective from and after its passage and publication according to .lax BOARD OF SUPERVISORS TOWN OF EAG=.N . ATTEST: Clerk . Chairman • Original Ordinance adopted on November 7, 1967. Amended Ordinance adopted o.: Published in the Dakota County Tribune on • • • TOWN OF Ei.G'41 DA CTA COUNTY, IdINILMC TA ORDINANCE IIO. 22 CUSTODY AND DISPOSAL Or Ui!CL.IMED PROPERTY AN ORDINANCE PROVIDING FCl COST; DY min fl: FrSAL OF UNCIAL'IED PROPERTY IN THE Tam OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE D::.RD CF SUPERVISORS OF THE TOWN OF Fi.Ci.11 ORDAINS: SECTION 22.01. -- UNCIAI•ED PERSONAL PRO:ARTY ..ny unclaimed, personal property coming into the possession of the Town of Ea„an may be disposed of by the Town as follows: Upon being held by the Town and unclaimed by the owner there- of for a period of six (6) months, such property shall be sold by the Town at a public auction to the highest bidder. Notice of such sale shall be published in the designated legal newspaper of the Town at least ten (10) days prior to the date of such sale, and shall contain a general description of the property to be sold. In lieu of a public auction sale, any of such unclaimed, personal property may be appropriated to the use of the Town upon approval of such appropriation by the Board of Supervisors. SECTION 22.02. -- RECLAIMING PROPERTY The true owner of any such unclaimed, personal property held for sale or disposal by the Town may reclaim his property upon satisfactory proof of ownership thereof prior to the sale or other disposition here- under. If such unclaimed personal property has been sold or otherwise disposed of under the provisions of this ordinance, the true owner upon application to the Town Clerk within six (6) months of such sale or disposition and upon satisfactory proof of ownership shall be entitled to receive the actual sale price of such property except that there -1- shall be deducted from said sale price any expense incurred by the Town in connection with the retention, storage and sale of such property. SECTI^N 22.03. -- PROCEEDS The proceeds of such public auction sale shall be applied in pay ment of the expenses of the sale and all cther costs incurred in re- taining and storing such property. The balance of the proceeds remaining from such sale shall be paid into the general fund of the Town. Any property offered for sale but not sold and not suitable for appropriation to the use of the Town shall be deemed to be of no value and shall be disposed of in such manner as the Board of Supervisors directs. SECTI^I.1 22.04. -- 7ANnER0uS OR PERISPABL2 PROPERTY The Board of Supervisors may, without notice, and in such manner as it determines to be in the public interest, provide for the dis- position immediately of any property coming into the Town's possession which the Board of Supervisors determines to be dangerous or perishable. A record of all pertinent facts of the receipt and disposal of such property shall be prepared and filed in the office of the Town Cleric. SECTITI! 22.05. -- DEFINITIONS Gubdivision 1. -- UNCLAIMED PE.^.SON::?, PROPERTY. Unclaimed personal property as used hereunder includes any personal property stolen and recovered, abandoned, confiscated, or otherwise lawfully acquired by the Town including but not limited to bicycles, automobiles or parts thereof. Subdivision 2. -- DATE. The date on which personal property comes into the possession of the Town shall be the date upon which the Town or any department of the Town acquires actual physical possession or exercises dominion and control over such personal property. -2- SECTI%i! 22.06. -- INVALIDITY If any portion of this ordinance shcll be held invalid by a court of competent jurisdiction, the invalidity of such portion shall not affect the validity of the other provisions of this ordinance which shall continue in full force and effect. SECTICN 22.07. -- EFFECTIVE DATE This ordinance shall be in full force and effect from and after its publication accordin3 to law. Attest: Clerk / Ori inal Ordinance Adopted December 5, 1eC7. Amended ^rdinance adopted i/7/6 MAPS "F SUPERVISORS TOUN OF By Published in the Dakota County Tribune on '/." is -3- • • • .TOWN OF EA LN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 22 CUSTODY AND DISPOSAL OF UNCLAIMED PROPERTY AN ORDINANCE PROVIDING FOR CUSTODY AND DISPOSAL OF UNCLAIMED PROPERTY IN THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 22.01. -- UNCLAIMED PERSONAL PROPERTY Any unclaimed, personal property coming into the possession of the Town of Eagan may be.disposed of by the Town as follows: Upon being held by the Town and unclaimed by'the owner there- of for a period of six .(6) months, such property shall be sold by the Town at a public auction to the highest bidder. Notice of such sale shall be published in the designated legal newspaper of the Town at least ten (10) days prior to the date of such sale, and shall contain a general description of the property to be sold. In lieu of a public auction sale, any of such unclaimed, personal property may be appropriated to the use of the Town upon approval of such appropriation by the Board of Supervisors. SECTION 22.02. -- RECLAIMING PROPERTY The true owner of any such unclaimed, personal property held for sale or disposal by the Town may reclaim his property upon satisfactory proof of ownership thereof prior to the sale or other disposition here- under. If such unclaimed personal property has been sold or otherwise disposed of under the provisions of this ordinance, the true owner upon application to the Town Clerk within six (6) months of such sale or disposition and upon satisfactory proof of ownership shall be entitled to receive the actual sale price of such property except that there • • • shall be deducted from said sale price any expense incurred by the Town in connection with the retention, storage and sale of such property. SECTION 22.03. -- PROCEEDS The proceeds of such public auction sale shall be applied in pay- cent of the expensesof the sale and, all other costs incurred in re- taining and storing such property. Thebalance of the proceeds remaining from such sale shall be paid into the general fund of the Town. Any property offered for sale but not sold and not suitable for appropriation to the use of the Town shall be deemed to be of no value and shall be disposed of in such manner as the Board of Supervisors directs. SSECTION 22.04. -- DANGEROUS OR PERISHABLE PROPERTY The Board of Supervisors may, without notice, and in such manner as it determines to be in the public interest, provide for the dis- position immediately of any property coming into the Town's possession which the Board of Supervisors determines to be dangerous or perishable. A record of all pertinent facts of the receipt and disposal of such property shall be prepared and filed in the office of the Town Clerk. SECTION 22.05. -- DEFINITIONS Subdivision 1. -- UNCLAIMED PERSONAL PROPERTY. Unclaimed personal property as used hereunder includes any personal property stolen and recovered, abandoned, confiscated, or otherwise lawfully acquired by the Town including but not limited to bicycles, automobiles or parts thereof. Subdivision 2. -- DATE. The date on which personal property comes into the possession of the Town shall be the date upon which the Town or any department of the Town acquires actual physical possession or exercises dominion and control over such personal property. -2- • • SECTION 22.06. -- INVALIDITY If any portion of this ordinance shall be held invalid bf a court of competent jurisdiction, the invalidity df such Petition ,shall not affect the validity of the other provisions of this ordinance! which shall continue in full force and effect. SECTION 22.07. -- EFFECTIVE DATE This ordinance shall be in full force and effect from and after its publication according to law. Attest: BOARD CF SUPERVISORS TOWN OF EAGAN By Clerk Chairman Original Ordinance Adopted December 5, 1967. Amended Ordinance adopted Published in the Dakota County Tribune on • -3- TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 23 PIPELINE ORDINANCE AN ORDINANCE GRANTING PERMISSION TO WILLIAMS 711CT?::P: PIPE LIL? COMPANY, A DELAWARE CORPORATION, TO USE CERTAIN TOWN ROADS FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A PIPELINE FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 23.01. -- PURPOSE AND DEFINITTo S Subdivision 1 -- PURPOSE. This ordinance is enacted pursuant to Minnesota Statutes Sections 368.01 and 412.221 and other applicable laws of the State of Minnesota for the purpose of granting a non-exclusive right to !illiamsBrothcrs Pipe Line Company, a Delaware corporation, to use certain roads in the Town of Eagan for the purpose of constructing, maintaining and operating a pipeline for the transportation of petroleum products, their derivatives and distillates subject to the terms and conditions hereinafter set forth in this ordinance. Subdivision 2. -- DEFINITIONS. All words and terms used in this ordinance shall be given their common sense meaning considered in con- text. Herein Town" shall mean the Town of Eagan and "Company" shall mean %a lliams Brothers Pipe Line Company. SECTION 23.02. -- GRANT AND TERM The Company is hereby granted, subject to the terms, conditions and limitations hereinafter stated, permission to construct, maintain and operate a pipeline in the subsurface of the Town roads, hereinafter described, which pipeline shall be for the purpose of transporting petroleum, its products, derivatives and distillates for a period of twenty-five (25) years. -1- SECTION 23.03. -- AREA OF GRANT The Town roads wherein the Company is herewith granted permission to so install, maintain and operate said pipeline are the following: (a) That portion of the subsurface of Deerwood Drive commencing at its intersection with the Company's existing right-of-way, then westerly to the intersection of Deerwood Drive and Blackhawk Road. (b) That portion of the subsurface of Blackhawk Road commencing at its intersection with Deerwood Drive, thence first northerly and then northeasterly all in Blackhawk Road to its intersection with Minnesota State Highway 1113; also that portion of the sub- surface of Blackhawk Road commencing at the point where it inter- sects the westerly right-of-way line of Ylinnesota State Highway #13 and continuing easterly along rlacichawk Road a distance of approximately 1,600 feet to its intersection with an existing sewer line easement. SECTION 23.04. -- CONSTRUCTInN. INSTALIATICN I.ND REPAIRS Subdivision 1. Said pipeline shall be so located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary traffic and travel upon said roads. Subdivision 2. The Company shall install the pipeline within the right-of-way of said portions of said roads and the Company shall, upon completion of any work requiring the opening of said roads, restore the same, including the paving and its foundations, to good condition. Said wort: shall be performed with due diligence. If the Company shall fail promptly to perform and complete the work, to remove all dirt and rubbish, and to put said roads in good condition, the Town shall have the right to put said roads in good condition at the expense of the -2- shall pay such judgment with all costs and hold the Town harmless there— from, provided nevertheless, that the Company shall be under no obligation whatsoever pursuant to the aforesaid indemnities unless the Town shall forthwith tender the defense of said claim to the Company whether or not suit has been brought thereon. SECTION 23.07. -- PERFORMANCE WIND The Company, prior to locating, constructing or installing any pipelines as herein contemplated at any time during the term of this grant, shall first file with the Town Clerk a performance bond in an amount sufficient to cover the entire cost thereof. Such amount shall be determined by the Town Engineer and the amount and the bond shall then be approved by the Board of Supervisors. SECTION 23.03. -- EFFECTIVE ma's This ordinance shall take effect and be in force from and after its adoption and publication accordint to law. Adopted this 20th day of August, 1368. BOARD .7F SUPERVISORS TOWN OF :1.GAN /attest• �/� ..,c f i.-c d-�.__ /s jdchn J. ;Groin /s/ :lyct :one ny Clerk Chairman Original ordinance adopted on the 20th day of August, 1S68. Published in the Dakota County Tribune on /43•/65' • • • Subdivision 3. -- CONSIDERATIONS. The Board of Supervisors in making its determination shall take into consideration the public health, safety and morals of the Town of Eagan, overall community planning, aesthetics and economic factors involving persons and property situated in the Town of Eagan. Subdivision 4. -- APPLICATION AND FEES. Application for such permit shall be made to the Board of Supervisors on forms supplied by the Town and an original permit fee shall be deposited by the applicant at the time of making his application in the amount of $100.00 in payment of administrative costs in processing said application. Subdivision 5. -- ANNUAL COMPLIANCE. After the original permit is issued and after the applicant is duly licensed with respect to such trailer coach park by the State of Minnesota, no license therefore shall be required by the Town of Eagan and no further license fee shall be due or collectible by the Town of Eagan, except as may be provided by state law. However, each year for the purposes of demonstrating local compliance with the state law and the regulations of the Department of Health, the operator of such trailer coach park shall apply for and obtain from the Town of Eagan a certificate of continued operation to be issued to the operator by the Town without charge upon proof and display of a current and validly existing license for such trailer coach park issued by the State of Minnesota. Such certificate shall expire and be renewable in each year on the 15th day of February. Subdivision 6. -- NON-COMPLIANCE. Failure to obtain such certifi- cate of continued operation is prima facie evidence of non-compliance with state law. 'CONN OF EAC .r De.NOTA COUNTi, MINNESOTA ORDINI.NCE NO. 24 PLUNBINC PRDttY tJC^ Three copies of the above code shall be filed for use and examination by the public in the off!ce of the Town Clerk and shall be marked "Town of Eagan -- Offkaal Copy". SECTION 24.03, -- VIOLATION Subdivision 1. -- AUTHORITY. The Town Hoard or thereof shall be authorized to enter in and upon AN ORDIU:.NCE Ii;CORPORATI:ZG BY REFERENC2 TEE Iilf'.NESOTA PLUMBIiNG CODE, AS L2CPTED LLDAMENDED BY THE MII!NES^TX :TATE BOARD i`F HEALTH IN THE T^NF 317 EAGAN, DAICCT:1 COUNTY, MIP.'NES3 '.. THE HOLM .F SUPERVISORS OF THE TOWN OF Ztc?.r ORDAINS: SECTION 24,01 -- PURPCSE .':HD r _O:JSTR C Iv '. This ordinance is enacted pursuant to Minnesota Statutes Annotated Section 471.62 and other applicable laws of the State of Minnesota. The purpose of this ordinance is to provide uniform rules for the regulation of plumbing installations in the Town of Eagan. SECTION 24.02. -- PLUMBING C2DE The Minnesota Plumbing Cod;,, as adopted by the Minnesota State Board of .:ealth on July 20, 1537, together with all amendments thereof, is hereby incorporated by reference and made a part of the laws of the Town of Eagan, Dakota County, Minnesota, to the same extent as if said Minnesota Plumbing Code were set forth in full herein. building within the Town of Eagan any a representative structure or for the purpose of inspecting same to insure compliance with this ordinance. Subdivision 2. -- PENALTY. Any person who vision of this ordinance shall be deemed suilty shall violate any pro- of a misdemeanor and -1- shall be punished by a fine of not to exceed Cne Hundred Dollars ($100.G0) or xr,;,:risonmea in the county jail for not more than 90 days, or both, for each offense. Each day of violation shall constitute a separate offense. SECTISii_24.04. -- WLIDITY AND STFSCTIVE DATE Subdivision 1. -- VALIDITY. The invalidity of any part of this ordinance as declared by a a:urt of competent jurisdiction shall not affect the validity of the remainder thereof. Subdivision 2. -- EFFECTIVE DATE. This ordinance shall become effective from and after the date of its publication according to law. Attest: Clerk BOARS OF SCPEPVISORS TOWN rF ay Original ordinance adopted: Published in the Dakota County tzitune on Chairman • TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 25 STREET EXCAVATION ORDINANCE AN ORDINANCE REGULATING THE EXCAVATING OF STREETS, AVENUES OR ALLEYS, REQUIIRING I. PERMIT THEREFOR AND PAYMENT OF A FEE AND PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS. THE BOARD OF SUPERVISORS OF THE TOWN OF EAG.1N ORDAINS: SECTIOi, 25.01. -- DEFINITIONS Subdivision 1. -- PERSON. Shall mean any individual, firm, partner- ship, corporation, associaticn or organization of any kind. Subdivision 2. -- STREET. Shall mean any street, highway, sidewalk, alley, avenue or other public way or grounds or public easements in the Town of Eagan. SECTION 25.02. -- STREET EXVACATION PERMIT REOUIRED No person shall dig up, exvacate, drill or in any manner break up any street or make or cause to be made any exvacation in or under the surface of any street or place, deposit or leave upon any street any earth or excavated materials obstructing or tending to interfere with its free use unless such person shall first have obtained an excavation permit therefor from the Board of Supervisors. SECTION 25.03. -- APPLICATION AND FEES Subdivision 1. -- APPLICATION. Application for permit shall be made to the Town Clerk and include a surety bond in an amount set by the Town Engineer in favor of the Town of Eagan and approved by the Board of Supervisors. Subdivision 2. -- PERMIT FEE. Upon filing the application, the applicant shall pay a permit fee of $5.nn . -1- Subdivision 3. -- EXEMPTIONS. The surety bond provisions of this Ordinance shall not apply to any public utility permitted to operate within the Town limits by franchises or otherwise, for the purpose of supplying gas, electric or telephone service or for any excavation which is made under a contract awarded by the Town of Eagan. SECTION 25.04. -- INDEMNIFICATION The permittee shall indemnify, keep and hold the Town of Eagan free and harmless from any and all liability on account of injury or damage to persons or property arising directly or indirectly out of the per- mittee's negligence in making any street excavation. SECTION 25.05. -- PENALTY Any person who shall violate any provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not to exceed one hundred dollars ($100.00) or imprisonment in the county jail for not more than 90 days, or both, for each offense. Each day of violation shall constitute a separate offense. SECTION 25.06. -- VALIDITY AND EFFECTIVE DATE Subdivision 1. -- VALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisidiction shall not affect the validity of the remainder thereof. Subdivision 2. -- EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its publication according to law. Attest: Clerk Original ordinance adopted : ' . ,. Ti'7 , / f' 6 -,1 BOARD OF SUPERVISORS TOWN OF EAGAN - B Chairman Puttished in the Dakota County bune on -2- TOWN OF EAGAN DAKOTA COUNTY, MINNESCTA ORDINANCE NO. 25 STREET EXCAVATION ORDINANCE AN ORDINANCE REGULATING THE EXCAVATING OF STREETS, AVENUES OR ALLEYS, REQUIIRING A PERMIT THEREFOR AND PAYMENT OF A FEE AND PRESCRIBING PENALTIES FOR VIOLATION OF ITS PROVISIONS. THE BOARD OF SUPERVISORS OF THE TOWN OF FAMN ORDAINS: SECTION 25.01. -- DEFINITIONS Subdivision 1. -- PERSON. Shall mean any individual, firm, partner- ship, corporation, associaticn or organization of any kind. Subdivision 2. -- STREET. Shall mean any street, highway, sidewalk, alley, avenue or other public way or grounds or public easements in the Town of Eagan. SECTION 25.02. -- STREET EXVAVATION PERMIT REOUIRED No person shall dig up, exvacate, drill or in any manner break up any street or make or cause to be made any exvacation in or under the surface of any street or place, deposit or leave upon any street any earth or excavated materials obstructing or tending -to interfere with its free use unless such person shall first have obtained an excavation permit therefor from the Board of Supervisors. SECTION 25.03. -- APPLICATION AND FEES Subdivision 1. -- APPLICATION. Application for permit shall be made to the Town Clerk and include a surety bond in an amount set by the Town Engineer in favor of the Town of Eagan and approved by the Board of Supervisors. Subdivision 2. -- PERMIT FEE. Upon filing the application, the. applicant shall pay a permit fee of $5_nn -1- Subdivision 3. -- EXEMPTIONS. The surety bond provisions of this Ordinance shall not apply to any public utility permitted to operate within the Town limits by franchises or otherwise, for the purpose of supplying gas, electric or telephone service or for any excavation which .is made under a contract awarded by the Town of Eagan. SECTION 25.04. -- INDEMNIFICATION The permittee shall indemnify, keep and hold the Town of Eagan free and harmless from any and all liability on account of injury or damage to persons or property arising directly or indirectly out of the per- mittee's negligence in making any street excavation. SECTION 25.05. -- PENALTY Any person who shall violate any provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not to exceed one hundred dollars ($100.00) or imprisonment in the county jail for not more than 90 days, or both, for each offense. Each day of violation shall constitute a separate offense. SECTION 25.06. -- VALIDITY AND EFFECTIVE DATE Subdivision 1. -- VALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisidiction shall not affect the validity of the remainder thereof. Subdivision 2. -- EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its publication according to law. BOARD OF SUPERVISORS TOWN OF EAGAN -, Attest: Lfi, u ht— By Clerk Chairman Original ordinance adopted : , / 9 6 $ • P ished in the Dakota Count bone onSt /9� q• -2- • TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 26 AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A CORPORATION, ITS•LESEES, SUCCESSORS A11D ASSIGNS, A NONEXCLUSIVE AUTHORITY FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN CERTAIN AREAS IN THE TOWN OF EAGAN, DAKOTA COUNTY, MINNE- SOTA, A ELECTRIC DISTRIBUTING SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, UNDERGROUND LINES AND FIXTURES, AND APPURTENANCES FOR THE FURNISHING OF ELECTRICAL ENERGY TO SAID TOWN OF EAGAN AND ITS INHABITANTS AND USERS AND PRESCRIBING TERMS UNDER WHICH SAID COMPANY IS TO OPERATE. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN, ORDAINS: SECTION 26.01 - GRANT That Northern States Power Compnay, a corporation, its lessees, successors and assigns, hereinafter referred to as grantee, be and are hereby granted a non-exclusive authority for a period of twenty-five (25) years, to erect and maintain an electric distribution system and trans- mission lines and any and all necessary poles, pole lines, underground lines and fixtures and appurtenances [hereunto appertaining in, upon, over, across and along the streets, alleys, bridges and public places in certain areas in the Town of Eagan, Minnesota for the transmission, distribution and sale of electrical energy for all uses and purposes in said Town. SECTION 26.02 - FRANCHISE AREA The non-exclusive authority herein granted shall be limited to the area delineated in the map of Eagan Township hereto attached as Exhibit "A" and made a part hereof and as more particularly described as follows: All of that portion of Eagan Township lying and being situated northerly of that certain line commencing at a point on the East Boundary of Eagan Township thence West along State Aid Road #63A to its intersection with State Highway #49 thence northwesterly along said State Highway #49 to its intersection with County State Aid Highway #26, thence West along said Highway #26 to the northeast corner of Timberline Addition to its southeast corner, thence East to State Aid Highway #19; thence South along said Highway 019 to Yankee Doodle Road; thence West along said Yankee Doodle Road to its intersection with State Trunk Highway #13;:thence southwesterly along State Trunk Highway #13 to Beau d'Rue Drive; thence southerly along Beau d'Rue Drive and the West Section line of Section 20 to the Southwest corner of the Northwest Quarter of Section 29, being coincidental with the Southeast Corner of Cedar Grove No.4; thence West along the quarter section line, being the South line of Cedar Grove No. 4 to the center of Section 30, being Cedar Avenue; thence North along Cedar Avenue to its junction with the extension of Beau d'Rue Drive running in a southwesterly direction from Cedar Avenue to Highway #13 and the westerly boundary of Eagan Township and there terminate. SECTION 26.03 - INTERFERENCE WITH THOROUGHFARE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut into or take up any pavement or shall make any excavation or erect any poles for transmission lines in or above any street, avenue, alley or public places, within the Town of Eagan, the same shall be done in a manner so as not to unreasonably interfere with the use of such thoroughfares by the public. The grantee shall use such safeguards as may be necessary to prevent injury to parsons or property during such construction work; and upon its completion, all pavement shall be replaced in as good con- dition as it was before taken up. All excavations shall be refilled and all obstructions shall be removed at the expense of the grantee and to the satisfaction of the grantor. In the event that grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor may do such work as may be needed to properly repair said thoroughfare and the cost thereof shall be repaid to the grantor by the grantee. SECTION 26.04 - INTERFERENCE WITH IMPROVEMENTS The grantee in erecting and maintaining said electric distri- -2- • bution system and transmission lines and in entering and using said streets, highways, avenues, alleys and public places in said Town and in laying its electrical equipment, shall not in any manner unreasonably interfere with or injure any improvement which said Town of Eagan, Minnesota, now has or may hereafter have upon any of its streets, alleys, highways or public places. SECTION 26.05 - MAINTAINING SYSTEM Grantee agrees for and in behalf of itself, its lessees, suc- cessors and assigns, that for and during the term and period of this grant, it will maintain and operate the same in a modern and adequate fashion and in a manner adequate to meet the necessities and requirements of the Town of Eagan, its industries and inhabitants. SECTION 26.06 - RATE REGULATION Grantee agrees for and in behalf of itself, its lessees, suc- cessors and assigns that all authority and rights in this ordinance contained, shall at all times be subject to all rights, powers and authority now or hereinafter possessed by said Town of Eagan, Minnesota to regulate rates, control and direct or otherwise by ordinance or resolution legislate concerning the franchise herein granted and con- cerning the manner in which grantee shall use the streets, alleys, bridges and public places of said Town and concerning the manner in which grantee shall use and enjoy the franchise herein granted. SECTION 26.07 - ADEQUATE SUPPLY The grantee at all times shall maintain an adequate electric supply system for the inhabitants and users of electric enercy in the Town of Eagan. -3- SECTION 26.08 - HOLD HARMLESS The grantee shall hold the grantor harmless from any and all claims and actions, litigcrions or damage, or of the construction, erection, installation, maintenance or operation of its properties operated by authority of this Ordinance in said Town or the negligence of its employees in the operation thereof, including the Court costs and reasonable attorneys fees in making defense against such claims. A copy of any process served upon the grantor may be served by the grantor upon the grantee. The grantee shall have the obligation to defend any such actions whether in the name of said Town or its own name. Nothing herein shall in any manner diminish grantor's rights and protection under other applicable law. SECTION 26.09 - DEFAULT If the grantee shall be in default in the performance of any of the terms and conditions of this Ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Town Board of such default, the Town Board may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the grantee. The saiA notice of default shall specify the provision or provisions in the per- formance of which it is claimed the grantee is in default. Said notice she be in writing and served in the manner provided by the laws of the State of Minnesota for the service of original notices in civil actions. SECTION 26.10 - NON-EXCLUSIVE GRANT The right and authority herein granted shall be non-exclusive and shall be and continue for a period of twenty-five (25) years from and after the date of the legal enactment of this ordinance. -4- SECTION 2.05. -- TRAILER COACH PARK CONSTRUCTION. DESIGN AND OPERATION RECUIREMENTS Subdivision 1. -- BUILDING CODES. The construction of trailer coach park shall comply with the provisions of all applicable building • codes. Subdivision 2. -- WELL DRAINED SITE. The trailer coach park shall be located on a well drained site and each trailer lot shall be graded so as to prevent the accumulation of storm or other waters. All storm water ponding or pooling areas shall be controlled by the operator by whatever means necessary to prevent the breeding of insects. Subdivision 3. -- WATER AND SEWER SYSTEIS. The trailer coach park shall be serviced by the Town water system and a sanitary sewer system connected to the Town sanitary sewer system. The design and specifications of such systems must meet the approval of the Town Engineer. Hook-up charges shall be determined upon issuance of the permit. Subdivision 4. -- OTHER UTILITIES. Cther utilities such as elec- tricity, natural gas and telephone shall be installed underground in an approved method. Such methods shall be under the requirements of the State of Minnesota and the Town of Eagan. Subdivision 5. -- LOT AREA AND SETBACK LINES. Each lot of a trailer coach park shall have a minimum gross area of not less than five thousand (5,000) square feet, with the lot width at the mobile home front facing the street of not less than fifty (50) feet, a Twin 10 or Twin 12 trailer shall require a front of sixty (60) feet. Each trailer placed upon a lot shall be placed with the following minimum set -backs: (1) Front - Fifteen (15) feet from the sidewalk. (2) Rear - Fifteen (15) feet from the lot line. -5- SECTION 26.11 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law and the acceptance thereof by the grantee. ATTEST: BOARD OF SUPERVI TOWN OF E /s/ A1vice Bolke Clerk Original Ordinance Adopted September 16, 1969 Amended Ordinance Adopted Published in the Dakota County Tribune on October 9. 1969 . -5- T ,WN 07 _A G,R4 DAKOTA .;CUNTY, MINNESOTA ORDINA:r.n NO, 27 AN C•RPINANCE GRANTING TO DAKOTA COUNTY ELECTRIC COOPERATIVE, A CORPORATION, ITS LESSEES, SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE. AUTHORITY FOR A PERIOD OF TWENTY FIVE (25) YEARS TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN CERTAIN AREAS IN TRE TOWN CF EAGAN, DAKOTA COUNTY, MINNESOTA, AN 2L7CT: IC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY Y ?.Piss, POLE LINES, UNDERGROUND LINES, AND FIXTURES AND APPURTEW Nc?z FGii THE FLRUISPING CF ELECTRICAL ENERGY TO SAID TOWN OF EAGAN AND ITS I_NEA3ITANT3 AND USERS AND PRESCRIBING TERMS UNDER WHICH SAID COMPANY I.. ID OPERATE.. THE E3i,nD CF SUPERVISOR; OF THE TO'•'N OF EAGA N ORDAINS: SECTION 27e01 GRANT That Dakota Count"" Elect ::: Cooperative, a corporation, its lessees, successors and assigns, heeeinacter referred to as grantee, be and hereby are granted a non-exclusive ;.utnority for a period of twenty-five (25) years, to ezcct end m-intc.n an electric distribution system and trans- mission lines and any and all necessary poles, pole lines, underground lines and fi'ctcres and appurtenances the -:canto appertaining in, upon, over, across and &long the streets, alley:, bridges, and public places in c_erti•in arer,s in the Tcwn of. Fa e,n, Minnesota, for the trancmission, di tri.tntion and sale of electric energy for all uses and purposes in said Town. CTICPi 27 ': - FRANCHISE ARE( The non-exclusive authority herein granted shall be limited to the area delineated in the map of Fagan Township heretc attached cs Exhibit :.A:. and ?,:;de a part hereof and as more particularly described es follows: All of that portion of Eagan Township lying and bring .Situated southerly of that certain line 'ommencing nt a point on. the East boundary of Eagan Township thence West along State Aid Road /63A to its itttersection with State H.:fth ey 445 thence northwesterly along said Highway ea to its intersection with County State Aid Highway #26, thence West along said Highway #26 to the northeast • correr of TimberiiPc Addition; thence South along the easterly line of said Tiri erline Addition to its south- east corner; thence East to State laid Highway #19, thence South along said Highway 1fl9 to Yankee Poodle Road; thence West along said Yankee Doodle Road to its intersection with State Trunk Highway #13; thence Southwesterly along State Trunk Highway #13 to Beau d' Rue Drive; thence southerly along Leau d' Rue Drive and the West section line of Section 20 to the southwest corner of the northwest quarter of Section 29, being coincidental with the southeast corner of Cedar Grove No. 4; thence west along the quarter section line, being the south line cf Cedar Grove No. 4 to the center of Section 30, being Cedar Avenue; thence north along Cedar Avenue to its junction with the extension of Beau d' Rue Drive running in a southwesterly direction from Cedar (.venue to Highway #13 and the westerly boundary of Eagan Township and there terminate. SECTION 27.03 -- INTERFERENCE WITH THOROUGHFARE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut iri:o or take up any pavement or shall meke any excavation or erect ary poles for transmission lines in or above any street, avenue, alley or public places, within the Town, the came shall be done in a manner so as not to unreasonably interfere with the use of such thoroughfares by the public. The grantee shall use such safeguards es may be necessary to prevent injury to persons or property during such construction work, and upon its completion, all pavement shall be replaced in as good condition as it wan before taken up, All excavations shall be refilled and all obst.:-uctions shall be removed at the expense of tha grantee and tc the satisfaction of the grantor. In the event that grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor may do such work as may be needed to properly repair said thoroughfare and the cost thereof shall be re- paid to the grantor by the grantee. 7,WN 02 _AGi\N DAKOTA .;OUNTY, MINNESOTA ORDINA;'"F. NO, 27 AN GR?'INANCE GRANTING TO DAKOTA COUNTY ELECTRIC COOPERATIVE, A CORPORATION, ITS LESSEES, SUCCESSORS AND ASSIGNS„ A NON-EXCLUSIVE AUTHORITY FOR A PER.ICD OF TWENTY FIVE (2:i) YEARS TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN CERTAIN AREAS IN THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA, AN fl$CTRIC DISTRIBUTION SYSTEM AND TRANNSMISSION LINES, INCLUDING NECESSi.ZY PILES, POLE LINES, UNDERGROUND LINES, AND FIXTURES AND APPUR.TFMtriCFS FOR THE FLRUrSPING CF ELECTRICAL ENERGY TO SAID TOWN OF EAUAN AND ITS I_N1-ABITANT3 AND USERS An) PRESCRIBING TERMS UNDER WHICH SAID COMPANY I.i '.1'0 OPERATE. THE BO<TtD CF SUPERVISOR:: OF THE TOWN OF EAGAN ORDAINS: SECTION 27,01 _-GGRAUT That Dakota County Elect;:': Cooperative, a corporation, its lessees, successors and assigns, hereinafter referred to as grantee, be end Ucrchy are granted a non-exclusive ;•uthority for a period of twenty--fi"a (25) years, to erect ,and mnintc::, an electric distribution system and trans- mission tires and an•; and all necessary poles, pole lines, underground linos and Ei'ctcres and appurtenances the -:canto appertaining in, upon, over, across and along the streets, alley:, bridges, and public places in cart, in areas in the Tcwn of Ea ;on, Minnesota, for the trenciaission, di;triintion and sale of electric energy for all uses and purposes in said Town, ?CTICN 7.? !C;,. -_. FRANCHISE AREA, The non-exclusive authority herein granted shall be limited to the area delineated in the map of Fagan Township hereto attached as Exhibit and m;de a, part hereof and as more particularly described as follows: All of that portion of Eagan Township lying and being slcuatcd southerly of that certain line commencing at a point on. the East boundary of Eagan Townah?.p thence West along State Aid I:oad 063h to its intersection with State High- ay #49 thence northwesterly along said Highway i;49 to its intersection with County State Aid Highway 4i26, thence West along seid Highway #26 to the northeast corner of Timberii,ne. Addition; thence South along the easterly line of said Timberline Addition to its south- east corner; thence East to State Aid Highway #19, thence South along said 'Highway #19 to Yankee Doodle Road; thence West along said Yankee Doodle Road to its intersection with State Trunk Highway #13; thence Southwesterly along State Trunk Highway #13 to Beau d' Rue Drive; thence southerly along Beau d' Rue Drive and the West secti.5n line of Section 20 to the southwest corner of the northwest quarter of Section 29, being coincidental with the southeast corner of Cedar Grove No. 4; thence west along the quarter section line, being the south line of Cf2dar Grove No, 4 to the center of Section 20, being Ceder !,venue; thence north along Cedar .;venue to its junction with the extension of Beau d' Rue Drive running in a southwesterly direction from Cedar Avenue to Highway #13 and the westerly boundary of Eagan Township and there terminate, SECTION 27.03 -- INTERFERENCE WITH THORCUGl1FJ.RE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut into or take up any pavement or shall make any excavation or erect any poles far transmission lines in or above any street, avenue, alley or public places, within the Town, the came shall be done in a manner so as not to unreasonably interfere with the use cf such thoroughfares by the public. The grantee shall use such safeguards as may be necessary to prevent injury to persons or oxcperty during such construction work, and upon its completion, all pavement shall be replaced in as good condition as it waa before taken up, All excavations shall be refilled and all obstructions shall be removed at the expense of the grantee and to the satisfaction of the grantor. In the event that grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor may do such work as may be needed to property repair said thoroughfare and the cost thereof shall be re- paid to the grantor by the grantee. T MN 07 _AG1* D_AKOTh. .;CUNTY, MINNESOTA ORDINA:'" F. NO. 27 AN GRPINANCE GRANTING TO DAKOTA COUNTY ELECTRIC COOPERATIVE, A CORPORATION, ITS LESSEES, SUCCESSORS AND ASSIGNS., A NON -•EXCLUSIVE AUTHORITY FORA PERIOD OF TWENTY FIVE (25) YEARS TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN CERTAIN AREAS IN THE Tr,'WN OF EAGAN, DAKOTA COUNTY., MINNESOTA, AN sL^CTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY ?.S2S, POLE LIN::S, UNDEB.GRCUND LINES, AND FIXTURES AND APPURTENANCES FOR THE FURNISHING Cr ELECTRICAL ENERGY TO SAID TOWN OF EAGAN AND ITS INHABITANTS AND USERS l.ND PRESCRIBING TERMS UNDER WHICH S AiD COMPANY IS TO OPERATE. THE nap CF SUPERVISOR:; OF THE TOWN OF EAGAN ORDAINS: SECTION 7.7,01_- —GRANT That Dakota Count!, Elect': n Cooperative, a corporation, its lessees, successors and assigns, hereinafter referred to as grantee, be and hereby are sranted a non-exclusive ;authority for a period of twenty-five (25) years, to erect and mtintn:n en electric distribution system and trans- mission lines and any and all necessary poles, pole lines, underground lines and fixtures and appurtenances the:canto appertaining 1n, upon, over, across and along the streets, alley:, bridges, and public places in cart.in areas in chi Tcwn of. Fallon, Minnesota, for the transmission, diotr::bittion and sale of electric energy for all uses and purposes in said Town. SECTION ?' C2 FRANCHISE AREA, The nowexclusive Authority herein granted shall be limited to the area delineated in the amp of Fagan Township hereto attached as Exhibit and m:de a part hereof and as more particularly described es fellows: All of that portion of Eagan Township lying and being situated southerly of that certain line commencing at a point on. the East boundary of Eagan Town.;hi.p thence West along State Aid Reed 463r. to its intersection. with State HiOm ay #49 thence northwesterly along said Highway *'69 to its intersection with County State Aid Highway #26, :.hence dent along seid Highway 426 to the northeast • cornett of Timberlie•. addition; thence South along the easterly line cf said Timberline Addition to its south- east corner; thence East to State Aid 1iilsl:aay #i19, thence South along said Highway #19 to YLuakee Doodle Road; thence West along said Yankee Doodle Road to its intersection with State hunk Highway 1113; thence Southwesterly along State Trunk Highway #13 to Beau 0 Rue Drive; thence southerly along Dean da Rue Drive and the West section line of Section 20 to the southwest corner of the northwest eucrter of Section 29, being coincidental with the southeast corner of Cedar Grove No. 4; thence west along the quarter section line, being the south line of C-adar Grove No. 4 to the center of Section 30, being Ceder !,Venue; thence north along Cedar Avenue to its junction with the extension of Beau d' Rue Driwe.running in a southwesterly direction from Cedar hvenue to hiftwey d113 and the westerly boundary of Eagan Township and there terminate, SECTION 27.03 -- INTERFERENCE WITIH THOROUGHFARE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut ir.i:c or take up any pavement o_ shall mktke any excavation or erect any poles for transmission lines in or above any street, avenue, alley or public places, within the Town, the came shall be done in a manner co =s not to unreasonably interfere with the use of such thoroughfares by the public. The grantee shall use such safeguards as may be necessary to prevent injury to persons or prcpeity during such construction work, and upon its completion, all pavement shall be replaced in as good condition as it wen before taken up. All excavations shall be refilled and all obstruction; shall be removed at the expense of the grantee and tc the satisfaction of the grantor. in the event that grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor may do such work as may be needed to p openly repair said thoroughfare and the cost thereof shall be re- paid to the grantor by the grantee. Tc,WN :EAGAN DAK7 T1! .;CUNTY, MINNESOTA ORDINAzrfl NO. 27 AN GRPININCE GRANTING TO DAKOTA COUNTY ELECTRIC COOPERATIVE, A CORPORATION, ITS LESSEES, SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE AUTHORITY FCR A PE^r.IOD OF TWENTY FIVE (25) YEARS TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN IN CERTAIN AREAS IN THE TOWN CF EAGAN, DAKOTA COUNTY., MINNESOTA, AN ;?L?CTRIC DISTRIBUTION SYSTEM AND T t.NSMISSION LINES, INCLUDING: NEECEGSr.2Y P::LES, POLE LINES, UNDERGROUND LINES, AND FIXTURES AND APPURTENANCES FCR THE FURNISPING CF ELECTRICAL ENERGY TO SAID TOWN OF EAGAN AND ITS INHABITANTS AND USERS AND PRESCRIBING TERMS UNDER WHICH SAID COMPAgY I. 10 OPERATE. TUUE Bohai) CF SUPERVISOR:: OF TEE TOWN OF EAGAN ORDAINS: SECTION 27e01_ GRANT That Dakota County :Elect;-: c Cooperative, a corporation, its lessees, successors and assigns, hereinafter referred to as grantee, be and hereby are granted a non-exclusive c.uthority for a pe:ciod of twenty-five (25) yeers, to erect ;and mtintc::l an eicctric distribution system and trans- mission lines and any and all necessary poles, pole lines, underground iin_s and fixt'res and appurtenances therc:into appertaining in, upon, over, across and .:long the streets, alley_, bridges, and public places in cert.•in are%.s in ch= Tcwn of. Ea rn, Minnesota, for the trencmission, di tr i.ntion and sale of electric energy for all uses and purposes in said Town. S?CTICN 2 0c2 FRANCHISE AREA The non exclusive authority herein granted shall be limited to the area delineated in the map of Fagan Tos'nship hereto attached as Exhibit 24r° and made a part hereof and as more particularly described es follows: All of that portion of Eagan Townshzp lying and bring situated southerly of that certain line commencing at a point on. the East boundary of Eagan Township thence West along State Aid (toad #63A tc its intersection. with State Ri.jheay #45 thence northwesterly along said Highway a;49 to its• intersection with County State Aid Highway 1126, thence West along seid Highway #26 to the northeast 27 • corner of Timberline Addition; thence South along the easterly line cf said Timberline Addition to its southe east corner; thence East to State Aid Highway #19, thence South along said Highway #19 to Yankee Poodle Road; thence West along Said Yankee Doodle Road to its interaecticn with State Trunk highway #13; thence Southwesterly along State Trunk Highway d#13 to Beau d' Rue Drive; thence southerly along Beau d' Rue Drive and the West section line of Section 20 to the southwest corner of the northwest quarter of Section 29, being coincidental with the southeast corner of Cedar Grove No. 4; thence west along the quarter section line, being the south line of Cedar Grove No. 4 to the center of Section 30, being cedar Iy enue; thence north along Cedar Avenue to its junction with the extension of Beau d' Rue Drive running in a southwesterly direction from Cedar !,venue to highway #]3 and the westerly boundary of Eagan Township and there terminate, SECTION 27.03 -- INTERFERENCE WITH THORCUQ ARE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut ince.. or take up any pavement or shall make any excavation or erect any poles for transmission lines in or above any street, avenue, alley or public places, within. the Town, the same shall be done in a manner so as not to unreasonably interfere with the use cf such thoroughfares by the public. The g:antee shall use such safeguards as may be necessary to prever.t injury to persons or property during such construction work, and upon its completion, all pavement shall be replaced in as good condition as it was before taken up. All excavations shall be refilled and all obstructions shall be removed at the expense of the grantee and to the satisfaction of the grantor, In the event that grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor may do such work as may be needed to prcpeai.y repair said thoroughfare and the cost thereof shall be re— paid to the grantor by the grantee, SECTION 27.04 - INTERFERENCE WITR IMPROVEMENTS roe grantee in erecting and maintaining said electric distribution system and transmission lines and in entering and using the streets, highways, avenues, alleys, and public places in said Town and in laying its electric equipment, shall not in any manner unreasonably interfere with or injure any improvement which said Town of Eagan, Minnesota now has or may hereafter have upon any of its streets, alleys, highways or public places. SECTION 27.05 -- MF.INTA NIN;, SYSTEM Grantee agrees for and in behalf of itself, its lessees, successors, end assigns, th^_t for and during the term and period of this grant, it will maintain in the Town of Eagan, Minnesota, an adequate, modern, standard and sufficient electrical distribution system and equipment and to maintain and operate the same in a modern and adequate fashion and in a manner adequate to meet the necessities and requirements of the Town of Eagan, its industries and inhabitants. SECTION 27.06 RATE REGUL&TION Grantee agrees for and in behalf of itself, its lessees, successors and assigns that all authority and rights in this ordinance contained, shall at all times be subject to all rights, powers and authority now or hereafter possessed by said Town of Eagan, Minnesota, to regulate _ates, control and direct or otherwise by ordinance cr resolution legislate concerning the franchise herein granted and concerning the manner in which grantee shall use the streets, alleys, bridges and public places of said Town and concerning the manner in which grantee shall use and enjoy the franchise herein granted. SECTION 27.07 -- ithfay,TE SUPPLY The grantee at all times shall maintain an adequate electric supply system for the inhabitants and users of electric eneigy in the Town af Eagan. 1 • • Sides - No trailer may be located less than twenty (20) feet from the adjacent mobile home and/or structure attached to such mobile home. (4) Corner lot - A corner lot shall be the same as Two (2) front setbacks. Subdivision 6. -- CURBS AND GUTTERS. All streets and roadways located within the trailer coach park shall have curb and gutter and shall be hard surfaced under specifications set forth by the Town Engineer. Minimum width between curb faces shall be thirty-two (32) feet for collector streets and twenty-eight (28) feet for minor streets, unless projected traffic patterns and density shall determine a greater width, at which time the greater width, shall be determined by the Town Engineer. Roadways shall have unobstructed access to a public street, road or alley. Subdivision 7. -- SIDEALKS. A concrete sidewalk not less than thirty (30) inches wide shall be constructed adjacent to the street. A variance can be granted for lots located within areas such as cul de sacs, where in the opinion of the Planning Commission, sidewalks shall serve no useful purpose. The variance shall require the Town Board approval. Subdivision 8. -- OFF STREET PARKING. Cff street parking shall be provided for at least two (2) spaces per mobile home lot. Parking on streets and roadways shall be prohibited and approved street signs pro- hibiting such shall be provided by the owner and installed under the direction of the Town Engineer. Subdivision 9. -- SPEED LIMIT WITHIN PARK The streets and road- ways shall be designed in accordance with a fifteen (15) mile per hour speed limit. It shall be unlawful for any vehicle to travel in excess (3) • SECTION 27.03 Fr-LO Tb2 grantee shall hold. the grantor harmless from any and all claims and actions, litigations or damegs, or of the construction, erection, installation, maintenance or operation of its properties operated by authority of this Ordinance in said Tot' or the negligence of its employees in Lire operation thereof, including the Court costs and reasonable attorneys' fees in making jefanse against such claim. A copy of any process served upon the grsntcr may be s_r"ed by the grantor upon the grantee. The grantee shall have the c hlipation to defend any actions whether in the name of said Torun or in its own name. Nothing herein shall in any manner diminish r-_1n:or's rights and protection under other applicable law. SECTIOII 27.09 -- DEFAULT If the grantee shall he in clef^_uIt in the performance of any of the terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Town 3onrd of such default, the Town Board may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the grantee. The said notice of, default shall specify the provisions or provision in the performance of which it is claimed the grantee is in default. Said notice shall be in writing and served in the manner provided by the laws cf the S-ate of Minnesota for the service of original notices in civil actions. SECTION 27.10 -- NON-EXCLUSIVE GRANT Tha right and authority herein granted shall be non-exclusive and shall be and continue for a period of twenty-five (25) years from and after the date of the legal enactment of this ordinance. -4- S^CTIr: ! 2741 - - EFFECTIVE DP-:. Th_s Ordinance shill be in full force and effect from and after its passage and publication es required by law and the acceptance thereof by the granzce, l,TTEST: BCAi:D CF SUPERVISORS TOWN CF E/.GAN By Clerk Chairman Originc.l Ordin nce Ldopted E.nended Crdin _nce Ldopted Published in the Dakota County ....ribune on • TOP..T OF EAGA1 DAKOTA COUNTY, I1IUTi1ESOTA ORDI1ANCE NO. 23 AlT ORDIIILI E GRANTING TO NORTHERN STATES POWER COMPANY, A CORPORATION, ITS LESSEES, SUCCESSORS AID ASSIGNS, A I10N-EXCLUSIVE AUTHORITY FOR A PERIOD OF TWENTY-FIVE (25) YEARS TO ERECT AVD MAINTAIN A GAS PLANT AND/OR GAS SYSTEM AID ANY AHD ALL NECESSARY MAINS, PIPES, SERVICES AND OTHER APPLIANCES THERE - UNTO APPERTAINING I%1, UPON, OVER, ACROSS MD ALONG THE STREETS, ALLEYS, BRIDGES, PUBLIC PLACES OF THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA, FOR THE TRAIIS- tUIISSIOIT, DISTRIBUTION AND SALE OF NATURAL GAS FOR ALL USES AND PURPOSES IN SAID TU.IIT AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE. TEE BOARD OF SUPERVISORS OF TILE TQIU OF EAGAN ORDAINS: SECTIOI1 2C.01 -- GRANT That Northern States Pore-: Company, a corporation, is lessees, suc- cessors and assigns, hereinafter referred to as grantee, be and are hereby granted a non-exclusive authority for a period of twenty-five ('5) years, to erect and maintain a gas plant and/or gas system and any and all necessary mains, pipes, services and other appliances thereunto appertaining in, upon, over, across and along the streets, alleys, bridges and public places in the Town of Eagan, Minnesota, for the transmission, distribution and sale of natural gas for all uses and purposes in said Town. SECTION 2 .0% -- INTERFERENCE WIYH THOROUGHFARE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut into or take up any pavenent or shall make any excavation in any street; avenue, alley or public places, within the Town, the same shall he done in a manner so as not to interfere with the use of cull thoroughfaree by the public. The grantee shall use such safeguards as may be necessary to prevent injury to persons or property during such construction work, and upon its completion, all pavement shall be replaced in as good condition as it was before taken up. All excavations shall be refilled and all obstructions shall be removed at the expense of the grantee and to the satisfaction of the grantor. In the event that the grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor may do such work as may be needed to properly repair said thoroughfare and the cost thereof shall be SECTION 2C.03 -- The grantee repaid to the grantor by the grantee. INTERFERENCE KITH IMPROVEMENTS in erecting and maintaining said gas distribution system, and in entering and using said streets, highways, avenues, alleys and public places in said Town and in laying its gas equipment, shall not in any manner interfere with or injure any improvement which said Town of Engan, Minnesota, now has or may hereafter have upon any of its streets, alleys, highways or public places. SECTION :C.04 -- MAINTAINING SS'STEi Grantee agrees for and in behalf of itself, its lessees, successors and assigns, that for and during he term and period of this grant, it will maintain in the Town of Eagan, Minnesota, an adequate, modern, standard and sufficient gas system and equipment and to maintain and operate the same in a modern and adequate fashion and in a manner adequate to meet the necessities and requirements of the Town of Eagan, its industries and inhabitants. vided, however, that no obl_+'gati.on shall extend to, or be binding upon the to construct or extend its mains or furnish natural gas or gas Grantee, Pro - service within said Town if Grantee is, for any reason, unable to obtain delivery of natural gas at or near the co7•porate limits of said Town or an adequate supply thereof to warrant the construction or extension of its mains, for the furnishing of such natural gas or gas service; provided, further, that when the amount of natural gas supplied to Grantee at or near the Town limits of said Town is insufficient to meet the additional firm requirements -2- of connected or new consumers, Grantee shall have the right to prescribe reasonable rules and regulations for allocating the available supply of natural gas for such additional firm requirements to domestic, commercial and industrial consumers in that order of priority. SECTIONT 23.05 -- RATE REGULATION Grantee agrees for and in behalf of itself, its lessees, successors and assigns that all authority and rights in this ordinance contained, shall at all times be subject to all rights, powers and authority now or hereafter possessed by said Town of Eagan, Minnesota, to regulate rates, control and direct or otherwise by ordinance or resolution legislate concerning the franchise herein granted and concerning the manner in which Grantee shall use the streets, alleys, bridges and public places of said Town and con- cerning the manner in which Grantee shall use and enjoy the franchise herein granted. SECTIOIT 23.06 -- ADEQUATE SUPPLY The grantee shall, at all times, maintain an adequate gas pressure and an adequate supply of clean, standard gas having a heating value of not less than ITine Hundred (900) British Thermal Units per Cubic Foot of gas. Should the British Thermal Units fall below Nine Hundred (900), the rate then in effect shall be automatically and correspondingly lowered and reduced during any period or periods of time in which such lower British Thermal Unit value shall be furnished. SECTION 20.07 -- HOLD HARMLESS The grantee shell hold the grantor harmless from any and all claims and actions, litigation or damage, arising out of the passage of this Ordin- ance or of the construction, erection, installation, maintenance or operation of its properties operated by authority of this Ordinance in said Town or the negligence of its employees in the operation thereof, including the -3- • • • Court costs and reasonable attorneys fees in making defense against such claims. A copy of any process served upon the grantor may be served b grantor upon the grantee, all The grantee shall Y the any such of shave the obligation to The whether in the name defend said Town or in its own '- EXTENSIONS name, SECTION 23.08 The grantee shall not be re more th quired to extend its gas distribution system an one hundred and fifty (I50 from ) feet for each customer to any extension thereof, provided that be served initiall the customer uses natural gas Y for heating, cooking, and water heating. tourer uses natural In the event the cus- tomer for only two of the above uses, grantee shall not be required to extend its distribution feet, mains more than one hundred (100) SECTION 28,09 DEFAULT If the grantee shall be in default in the performance of an of this Ordinanceany of the terms and conditions more th and shall continue in default for an thirty (30) days after receiving notice from the Town the Town Board Board of such default °�Y, by ordinance duly passed and adopted, terminate all rights granted under this Ordinance to the grantee. The said notice of default shall specify the provision or provisions in th per- formance of which it is claimed grantee a ntee is in default. Said writing and served notice shall be in in the manner provided by the laws of Minnesota for the service of SECTION original notices in civil actions. 28,10 -- NON-EXCLUSIVE GRANT The right and authority herein granted shall be non-exclusive and shall be and continue for a period of twenty-five (25) years from and gal enactment of this after the date of the le SECTION 23,11 - Ordinance. ' PENALTY Any person who intentionally violates a provision(s) of this Ordinance -4- • shall, upon conviction thereof, be punishable by imprisonment for a period of not more than ninety (90) days or by e fine of not more than three hun- dred ($300.00) dollars or by Loth imprisonment and a fine. If a violation is of a continuing nature, each twenty-four (24) hour period during which the violtion shall continue shall constitute a separate violation under this Section. SECTION 20.12 -- SEPARABILITY OF SECTIONS If any portion of this Ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this ordinance which shall continue in full force and effect. SECTION 2^.13 -- EFFECTIVE DLTE This Ordinance shell be in full force and effect from and after its passage and publication as required by law and the acceptance thereof by the grantee. SECTION 2C.14 -- CONFLICTING OBAIi'AP"CES REPELLED All prior ordinances or parts of ordinances in conflict herewith or inconsistent herewith, are hereby repealed or superseded to the extent required to give effect to this Ordinance. WARD OF SUPERVISO " OWII OF EAGAIT Attest: nly 1 /:/ Alyea Bollce SY J.e'1 Joh Clerk Ordinance Adopted November IS 19h9 Published in the Dakota Couny ^ribune on Doromhor 1, 1969 -5- TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 29 AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, TILE INSTALLI,TION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S): AND PROVIDING PENALTIES FOR VIOLATIONS THEPEOF. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 29.01 -- DEFINITIONS Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows: Subdivision 1 -- "SOD". ROD (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20°) C, expressed in milligrams per liter. Subdivision 2. -- BUILDING DRAIN. ^uilding Drain shallmean that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to a building sewer and which extends five (5) feet (1.5 meters) beyond the outside of the inner face of the outer building wall. Subdivision 3. -- 3UILDIHG SEWER. Building sewer shall mean the extension from the outer end of the building drain to the public sewer or other place of disposal. Subdivision 4. -- GARBAGE. Garbage shcll mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce. Subdivision 5. -- INDUSTRIAL WASTES. Industrial wastes shall mean an) liquid, gaseoua or solid wastes resulting from any process of industry, or manufacturing, trade or business. -1- • Subdivision 6. -- NATURAL OUTLET. to a watercourse, pond, ditch, lake Subdivision 7. PERSON. Natural Outlet shall mean any outlet or other body of surface or groundwater. Person shall mean any individual, firm, company, association, society, corporation or group. Subdivision 8. -- "pH". "pH" shall mean the logarithm of the recipro- cal of the weight of hydrogen ions in grams per liter of solution. Subdivision 9. -- POLLUTION. Pollution shall mean the contamination of any waters so as to create a nuisance or render such waters unclean, or noxious, or impure so es to be actually or potentially harmful or detrimen- tal or injurious to public health, safety or welfare, to domestic, commer- cial, industrial or recreational use, or to livestock, wild animals, birds, fish or other aquatic life. Subdivision 10. -- PROPERLY SHREDDED GARBAGE. Properly shredded garbage shall mean garbage that has been shredded to such a degree that all particles thereof will be carried freely under the flow conditions normally prevailing in public sewers, with no particle being greater than one-half (1/2) inch in any dimension. Subdivision 11. -- PUBLIC SEWER. Public Sewer shall mean a sewer in which all owners of cziutting properties have equtl rights, and is controlled by public authority. Subdivision 12. -- SANITARY SEWER. Sanitary Sewer shall mean n sewer which carries sewage o:_ industrial wastes and to which storm, surface and ground waters are not intentionally admitted. Subdivision 13. -- SEWAGE. Sewage shall mean the water -carried wastes from residences, public buildings, institutions or other buildings, in- cluding the excrementitious or other discharge from the bodies of human beings or animals, together with such ground water, infiltration, surface water and storm water as may be present, but excluding industrial wastes. Subdivision 6. -- NATURAL OUTLET. Natural Outlet shall mean any outlet to a watercourse, pond, ditch, lake or other body of surface or groundwater. Subdivision 7. -- PERSOLT. Person shall mean any individual, firm, company, association, society, corporation or group. Subdivision 8. -- "pH". "pH" shall mean the logarithm of the recipro- cal of the weight of hydrogen ions in grams per liter of solution. Subdivision 9. -- POLLUTION. Pollution shall mean the contamination of any waters so as to create a nuisance or render such waters unclean, or noxious, or impure so as to be actually or potentially harmful or detrimen- tal or injurious to public health, safety or welfare, to domestic, commer- cial, industrial or recreational use, or to livestock, wild animals, birds, fish or other aquatic life. Subdivision 10. -- PROPERLY SHREDDED GARBAGE. Properly shredded garbage shall mean garbage that has been shredded to such a degree that all particles thereof will be carried freely under the flow conditions normally prevailing in public sewers, with no particle being greater than one-half (1/2) inch in any dimension. Subdivision 11. -- PUBLIC SEWER. Public Sewer shall mean a sewer in which all owners of c'sut ing properties have equcl rights, and is controlled by public authority. Subdivision 12. -- SANITARY SEWER. Sanitary Sewer shall mean n sewer which carries sewage u:: industrial wastes and to which storm, surface and ground waters are not intentionally admitted. Subdivision 13. -- SEWAGE. Sewage shall mean the water -carried wastes from residences, public buildings, institutions or other buildings, in- cluding the excrementitious or other discharge from the bodies of human beings or animals, together with such ground water, infiltration, surface water and storm water es may be present, but excluding industrial wastes. • • • • of fifteen (15) miles per hour within the limits of the trailer coach park. Subdivision 10. -- UTILITY BUILDINGS. :11 trailer coach parks shall have utility buildings as are required by state law. Subdivision 11. -- RECREATION AREAS. All trailer coach parks shall have a recreation or park area or areas to be established and maintained within the trailer coach site of not less than fifteen (15) per cent of the total trailer coach park area. Such plans for a recreation area shall be of an approved design. Subdivision 12. -- SETBACK LINES FBOM PROPERTY BOUNDARIES. Every trailer coach park shall provide for a minimum setback of at least fifty (50) feet on all property boundaries. Such setbacks will be planted with a dense combination of trees, shrubs and bushes as to form a buffer to adjoining property and state, county and township roadways. Plans for planting shall be approved by the Planning Committee. Subdivision 13. -- TIEDOWNS. Each trailer coach lot shall be pro— vided with tiedowns at the four corners of the trailer. Placement and design of such shall be presented to the Planning Committee for approval prior to construction. Subdivision 14. -- RU3BISN AND GARBAGE. A plan for rubbish and garbage disposal shall be presented to the Town Board for approval before such trailer coach park begins operation. This plan shall be reviewed each year on or before December 1st, and such changes as recommended by the Town Engineer will be considered by the Town Board for approval. Subdivision 15. -- FIRE EXTINGUISEERS. Each trailer home in a licensed trailer coach park shall be equipped with a Fire Marshall approved type fire extinguisher in useable condition. The occupant of Subdivision 14. -- SEWAGE TREATMENT PLANT. Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage and industrial wastes. Subdivision 15. -- SEWAGE WORKS. Sewage Works shall mean all facilities and'equipment for collecting, pumping, txmting and disposing of sewage and industrial wastes. Subdivision 16. -- SEWER. Sewer shall mean a pipe or conduit for carrying sewage or industrial wastes. Subdivision 17. -- SHALL AND MAY. -- Shall is mandatory; May is permissive. Subdivision 18. -- SLUG. Slug shall mean any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation. Subdivision 19. -- STORM DRAIN. Storm Drain shall mean a sewer which carries storm water, ground water, roof runoff, surface water and drainage, but excludes sewage and industrial wastes, other than unpolluted industrial process water and unpolluted industrial cooling water. Subdivision 20. -- SUSPENDED SOLIDS. Suspended solids shall mean shall mean solids that either float on the surface of, or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering. Subdivision 21. -- WATERCOURSE. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Subdivision 22. -- BEB BOARD. BEB Board shall mean the Board of the Bloomington -Eagan -Burnsville Pollution Control District. -3- • SECTION 29,02 _ USE OF PUBLIC SEWERS RE UIRED, Subdivision 1. It sh P it or all be unlawful for any person to de o,• Permit to be deposited in place or private jurisdiction unsanitary manner property within theon public sews a of the Town of g industrial wastes Eagan any, garbage or other polluted waters or wastes. Subdivision 2. It shall be unlawful to discharge to any y natural waster Town of Eagan any . garbage or other sewage, industria polluted waters or wastes. SECTION 29 03 - BUILDING SEWERS AND CONNECTIONS Subdivision 1, No person shall uncover, make any connections with or opening onto, use, alter or disturb any Public sewer or first obtaining a written appurtenance thereof without permit from the Town of 2. Allcosts and ex Eagan. Subdivision and connec �n of shall a building Sewer Penses incident to the installation the install all be borne by the person ation and connection, making Eaan The person shall indemnify and hold harmless the Town of g from an may, directl occasioned loss, claim, damage or Y or indirectly, be expense that connect' by the installation and ion of a building sewer. Subdivision 3. Old building sewers may be used in connection with newbuildings only when they are found, on examination and test by the Town of Eagan, to meet all of the plumbin requirements of the buildi g co.;e or other applicable n8 and Eagan, rules and regulations of the Town of Subdivision 4, The s1> struct° e, slope, alignment, materials won of a buildingsewer °f Con- � the methods to be used in excavating, Place of the pipe, jointing, testing all conform to ing and backfilling the the requirements o trench, shall f the building and plumbing code or other aPPlic able rules an:; regulations of the Town of Eagan, -4- Subdivision 5. No person shall connect roof downspouts, exterior foundation drains, areaway drains or other sources of storm water, ground water, roof runoff, surface water and unpolluted drainage to a building which, in turn, is connected, directly or indirectly, to a public sewer. Subdivision 6. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town of Eagan. Any deviation from the prescribed procedures and materials must be approved by the Town of Eagan before installation and connection. Subdivision 7. The applicant for the building sewer permit shall notify the Town of Eagan when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Town of Eagan or its represenive. Subdivision 8. All excavations for building sewer installation shall be adequately guarded with barricades and lights by the person making the installation so as to protect the public from hazard. Streets, side- walks, parkways and other public property disturbed in the course of the works shall be restored in a manner satisfactory to the Town of Eagan by the person making the installation. SECTION 29.04 - USE OF PUBLIC SEWERS. Subdivision 1. No person shall discharge or cause to be discharged any storm water, ground utter, roof runoff, surface water, unpolluted drainage, unpolluted industrial cooling water or unpolluted industrial process water to any public sanitary sewer. Subdivision 2. Storm water, ground water, roof runoff, surface water, or unpolluted drainage shall be discharged only to such sewers as are specifically designated as storm drains or to a natural outlet approved by the Town of Eagan. Unpolluted industrial cooling water or -5- unpolluted industrial process water may be discharged, on approval of the Town of Eagan, to n storm drain or natural outlet. Subdivision 3, No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer. (a) Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquids, solids or gases. (b) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other waters or wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a nuisance or to create any hazard in the receiving waters of of the sewage treatment plant, including but not limited to cyanides in excess of two (2) milligrams per liter as CN in the wastes as discharged to the public sewer. (c) Any waters or wastes having a pH lower than (5.5), or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works or the sewage treatment plant. (d) Solids of viscous substances in quantities or such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works or sewage treatment plant, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, garbage, whole blood, manure, hair, and fleshings, entrails and any of the following whether whole or ground by garbage grinders, paper, dishes, cups milk containers, etc. Subdivision 4. No person shall discharge or cause to be dis- charged any of the following described waters or wastes to any pa.blir sewer unless such person has obtained a permit from the BEB Board -6- • specifically authorizing the discharge of such water or waste and unless the conditions, if any, set forth in the permit have been and are complied with by such person: A. Any waters or other liquid or vapor having n temperature higher than one hundred fifty (150) °F (65° C). B. Any waters or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) milligrams per liter oreontaining substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) °F (0 and 65° C). C. Any garbage thathas not been properly shredded. D. Any waters or wastes containing iron, chromium, copper, zinc and similar substances in such concentrations so as to cause the waters or wastes to be objectioncble or toxic. B. Any waters or wastes containing pickling wastes or concentrated plating solutions. F. Any waters or wastes exerting a chlorine requirement or demand such that when the waters or wastes are received in the composite sewage at the sewagetreatment plant, the chlorine requirement or demand of the composite sewage exceeds the reasonable limits. G. Any waters or wastes containing phenols or other taste or odor producing substances in concentrations which exceed reasonable limits in view of the applicable requirements of the State, Federal or other public agencies having jurisdiction over effluent discharge to the receiving waters. H. Any radioactive wastes or isotopes of such half-life or concentration as may exceed reasonable limits in view of the applicable State or Federal regulations. 7 I: Any waters or wastes having a pH in excess of (9.5). J. Materials which exert or cause: (1) Concentrations of inert suspended solids, such as, but not limited to, Fullers earth, sand, lime, slurries and lime residues, or of dissolved solids, such as, but not limited to, sodium chloride and sodium sulfate, which are likely to be harmful to the sewer, sewer works or sewage treatment plant. (2) Excessive discoloration, such as, but not limited to, dye wastes and vegetable tanning solutions. (3) Unusual BOD or chemical oxygen demand in such quantities as to constitute a significant load on the sewage treatment plant. (4) Unusual volume of flow or concentration of waters or wastes constituting "slugs" as defined herein. K. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes utilized by sewage treatment plants, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the re- quirements of the State, Federal or other public agencies having juris- diction over effluent discharge to the receiving waters. Subdivision 6. Where pretreatment or flow -equalization facilities and/or where grease, oil or sand interceptors are provided for any waters or wastes, such facilities and/or interceptors shall be maintained continuously in satisfcctory and effective operation by the user thereof and at no expense to the Town of Eagan. Subdivision 7. The owner of any property having a building sewer into which industrial wastes are discharged, shall install, when required by the BEB Board, a suitable control structure, together with such necessary meters and other appurtenances, in the building sewer to -8- facilitate observation, sampling and measurement of the industrial wastes. Such structure, when required, shall be accessibly and safely located, and shall be constructed in accordance with plane approved by the BEB Board. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all time a. Subdivision 8. All measurements, tests and analyses of the waters and wastes discharged orcaused to be discharged to a public sewer shall be determined in accordance with the latest edition of "Standard Methods of Examination of Water and Wastewater", publishedby the American Public Health Association, and shall be determined at the control structure provided, or in the event that no special control structure has been provided, at the nearest downstream man hole in the public sewer from the point at which the building sewer is connected to the public sewer. Sampling shall be carried out by customarily accepted methods to reflect the effect of the waters and wastes upon the sewers, sewage works and the sewage treatment plant and to determine the existence of hazards to public health, safety or welfare. Subdivision 9. The BEB Board may, from time to time, establish limits or aandards for the quality or composition of the waters and wastes, including limits for the waters and wastes described in Section 29.04, Subdivision 4, discharged to a public sewer. The BEB Board shall establish such limits or standards after a public hearing and shall give the public notice of the hearing at least seven (7) days prior to the date of the hearing. For the purpose of this Ordinance, the limits or standards established by the BEB Board shall be considered prima facia reasonable. • Subdivision 10. Notwithstanding any other provision hereof, the BEB Board may enter into a valid agreement with any person whereby industrial wastes and/or sewage of unusual strength or character may be discharged to a public sewer and accepted by the sewage treatment plant, subject to the payment of special charges to the Town of Eagan therefore by the person; and provided, that the Town of Eagan shall give its prior, written approval to the special agreement. SECTION 29.05 -- INSPECTION OF FACILITIES Subdivision 1. The duly authorized employees or representatives of the Town of Eagan, bearing proper credentials and identification shell have the right to enter all properties in the Town of Eagan for the purposes of inspection, observation, measurement, sampling and testing in accordance with and for the purpose of enforcing the provisions of this Ordinance. The employees or representatives shall hav the power and authority to obtain a warrant to secure entry onto a property and shall obtain a warrant to enter any property upon which entry is or has been refused. The employees or representatives shall have no authority to inquire into any industrial processes beyond that point in the process having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for treatment. Subdivision 2. While performing the necessary work on the properties referred to in Section 29.05, Subdivision 1 herein, the employees or representatives shall observe all mfety rules applicable to the property. SECTION 29.06 -- VIOLATIONS, CHARGES, ACTIONS. Subdivision 1. Any person who intentionally violates a provision(s) of Section 29.02 through Section 29.04, inclusive, hereof, -10- • shall upon conviction thereof be punishable by imprisonment for a period of not more than ninety (90) days or by a fine of not more than three hundred dollars ($300.00) or by both imprisonment and a fine. If a violation is of a continuing nature, each twenty-four (24) hour period during which the violation shall continue shall constitute a separate violation under this section. Subdivision 2. Each person who connects with a public sewer located in the Town of Eagan shall be deemed to have agreed to and shall idemnify and hold harmless the Town of Eagan and/or the BEB Board, with respect to all costs, damages and expenses, including penalties and special charges assessed by the BEB Board against the Town of Eagan, resulting, directly or indirectly, from a violation of a provision(s) of Section 29.02 through Section 29.04, inclusive, hereof, and shall be deemed to have agreed that all such costs, damages end expenses may be charged es an addition to the regular charge for the eewage services provided for the property from which the waters or wastes violating a provision(s) of Section 29.02 through Section 29.04, inclusive, hereof, were discharged. Subdivision 3. Notwithstanding any other provision hereof the Town of Eagan or the BEB Board, as the representative of the Town of Eagan, shall have the right to institute an action to seek injunctive relief from a continuing violation of a provision(s) of Section 29.02 through Section 29.04, inclusive, hereof and/or shall have the right to institute an action for all costs, damages and expenses, including penalties assessed by the BEB Board, of the member municipality and the BEB, resulting, directly or indirectly, from a violation of a provision(s) of Section 29.02 through Section 29.04, inclusive, hereof. -11- • SECTION 29.07 -- SEPERABILITY OF SECTIONS. If any portion of this ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this ordinance which shall continue in full force and effect. SECTION 29.08 -- CONFLICTING ORDINANCES REPEALED. All prior Ordinances or parts of Ordinances in conflict herewith or inconsistent herewith, are herewith repealed or superseded to the extent required to give effect to this Ordinance. SECTION 29.09 -- EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. BOARD OF SUPERVISO ATTEST: TOWN OF EAGAN /s/ Alyce 3olke Clerk Original Ordinance adopted /s/�kfhn 3. ,Rlein Chairman • November 18. 1969 By Publiahed in the Deko�n County Tribune on -1%- Recember 4_ 1969 • • • • the mobile home shall be responsible for providing such extinguisher for his trailer home. Subdivision 16. -- OCCUPANT -DENSITY. No trailer home shall be in- habited by a greater number of occupants than for which it was designed. Subdivision 17. -- VEHICLE STORAGE. No boats, boat trailers, utility trailers, travel trailers or other vehicles than the personal automobile(s) of the occupants or their guests, shall be parked on the trailer coach lot and there shall be provided by the operator, a separate area upon which these boats, trailers or other vehicles.shall be parked or held. This area is to be located away from any public street and shall be densely screened in an approved manner. Subdivision 18. -- REGISTRATION. Every person operating a trailer coach park within the Town of Eagan shall provide and keep thereat a suitable guest register for the registration of all persons provided with accommodations thereat and each person shall register therein as provided by state law. This register shall contain the following: (1) Name and lot address of each occupant; (2) Came and address of the owner of the trailer home; (3) hake, model, year and license of each trailer home; (4) Date of arrival and departure of each trailer home; This information shall be kept for at least three (3) years after the date the occupant leaves the trailer coach park and shall be available at all times to law enforcement officers, health authorities and all other officials whose duties necessitate the acquisition of information contained in the register. Subdivision 19. -- RUNNING GEAR. The wheels and running gear shall be left on the trailer home located within the trailer coach park. -8- So OF EAGAN DAKOTA COUNTY, MINNESOTA OFDINE1TCE NO. 30 AN ORDINANCE ESTABLISHING A CURFEW FOR MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF THE BOARD OF SUPERVISORS OF THE TO[TN OF EAGAN ORDAINS: SECTION 30.01 -- RESTRICTIONS ON MINORS It shall be unlawful for any minor under the age of Sixteen (16) years to be in or upon any public street, highway, Luca. -llev. park, playground or public places or public buildings, or in or upon places of entertainment or amusement open to the public in the Town of Eagan, Minnesota between the hours of ten o'clock P.M. (10:00) and five o'clock A.M. (5:00). It shall be unlawful for any minor who is 16 or 17 years of age to be in or upon any public street, highway, road, alley, park, playground, or public places or public buildings or in or upon places of entertainment or emuae- ment open to the public in the Town of Eagan between the hours of twelve o'clock midnight (12:00) and five o'clock A.M. (5:00). The provisions of this section shall not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or to a minor who is upon an emergency errand or other legitimate business directed by his or her parent, guardian, of other adult person having the care and custody of the minor, or where the presence of said minor in said place or places is connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted by law to be engaged. SECTION 30.02 -- DUTIES OF PARENT 0R GUARDIAN It shall be unlawful for the parent, guardian, or other adult person having charge of a minor under the age of eighteen (18) years to • • permit such a minor to be in or upon any public street, highway, road, alley, park, playground or ether public grounds; places or public buildings of in dr upon places of entertainment or amusement open to the public in the Town of Eagan during the hours prohibited by this Ordinance; provided, however, that the provisions of thin section shall not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, where the minor is upon an emergency errand or legitimate business directod by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the presence of said minor, in said place is connected with and required by some legitimate business, trade, profession or occupation in which said minor is permitted by law to be engaged. SECTION 30.03 -- MINORS IN AMUSEPSBNT PLACES No person, operating or in charge of any place of amusement, entertainment or refreshment which is open to the public shall permit any minor under the ago of eighteen (1S) years toremain in such place during the hours prohibited by this Ordinance; provided, however, that the provisions of this Section shall not apply when such minor is accompanied by'his or her parent, guardian or other adult person having the care and custody of such minor. SECTION 30.04 -- PENALTY Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall bo punished by a fine not to exceed $300.00 or by improsionment not to exceed ninty (90) days, or both. -2- • Tm2I , ,3 s :c.32 AN OPDIPAUCE AMENDIDC THE VIOLATION OR PENLLTY PROVISIONS2 SPECIFIED cr.DIr= TO ALLOW THE s PENALTY. THE Ban) JesRe or THE TOVITgEAG2= S: rocTI, .3 21-- PUEPCfES AND CO7STRUCTION This Ordinanceeenacted pursuant » Minnesota Statutes =sea« s«iou pee and oths applicable lawawes State of Ninnesota. The purpose o this Ordinance is to else, by amendoent, the maximum penalty ollowable, the tha specified Ordinances. SECTION 2.2 I I ': PENALTY FOR OPLINAUSE VIOLATIONS Jew Town of Eagan Ordinance Nambers 1, 2, 3, 5, G% 9, 2, 11, 2, 13, 15, 2, 2, 2, 3, 21, 3; 3 containing. therein. violation or penalty provisions prdi era maximum! of one -hundred dollars &ly.s> or imprisonment for period not to exceed ninety (u) days, aro hereby amended»provide for maximumi 2 three -hundred dollars Cy±»S or 5 saw nt for aperiod of ninety (90) days; or both. lCT 32.3 INVALIDITY The invalidity w. part of this Ordinance as declared by rcourt o. competentjurisdiction shall not effect the validity of the remainder thereof. . EECTIY.N 2.04 — CONFLICTING ORDINANCES EEPalED J: ordinances and parts of Ordinances. in conflict he :e G !z«ew. This 0rdinancea2lzwae upon its adoption and pub- acco"C nay to 7. aw. ATl : T: 3OA1-:D 0 CULEaV13CPS TOWN _'.ii:�riil'i i v'i /:/ Alre Bolke /,^/ John J. Klein Cri jina1 Ordinance i:copt,2d: Its Chairman February 3, 1970 Published in the Dakota County Tribune: iebrua::y 1.., 1970 •) TOWN OF EL•3AN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 33 REGULATIONS GOVERNING HEATING, VENTILATION AND AIR CONDITIONING AN ORDINANCE INCORPORATING BY REFERENCE THE UNIFORM BUILDING CODE, VOLUME II -MECHANICAL- 1967 EDITION AND PROVIDING PENALTIES FOR VIOLATION THEREOF. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS:. SECTION 33.01 -- PURPOSE AND CONSTRUCTION This Ordinance is enacted pursuant to Minnesota Statutes Annotated, Section 471.62, as amended, and other applicable laws of the State of Minnesota. The purpose of this Ordinance is to provide uniform rules for the regulation of heating, ventilation and air conditioning installations in the Town of Eagan. "Installations" shall include all new work, additions, extensions, alterations, replacements and repairs to any heating, ventilation or air conditioning systems. SECTION 33.02 -- UNIFORI4 BUILDING CODE, VOLUME II -MECHANICAL- 1967 EDITION The Uniform Building Code, Volume II -MECHANICAL- 1967 Edition, together with all amendments thereto, is hereby incorporated by reference and made a part of the laws of the Town of Eagan, Dakota County, Minnesota. to the same extent as if said Code were set forth in full herein. A copy of the above Code shall be filed for use and examination by the public in the office of the Town Clerk and shall be marked "Town of Eagan -- Official Copy". SECTION 33.03 -- INSPECTION The Board of Supervisors or a representative thereof shall be authorized to enter in and upon any structure or building within the Town of Eagan for the purpose of inspecting same to insure compliance with this Ordinance. SECTION 33.04 -- PENALTY Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $300.00 or by imprisonment not to exceed ninety (90) day3, or both. SECTION 33.05 -- INVALIDITY The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall not effect the validity of the remainder thereof. SECTION 33.06 -- CONFLICTING ORDINANCES REPEALED All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 33.07 -- EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: BOARD OF SUPERV TOWN OF /s/ Alyce Bolke By Clerk Chairman Original ordinance adopted: March 3. 1970 Published in the Dakota County Tribune on: March 12, 1970 • 'i3WN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 34 - UPRISE COLLECTIIO.! AN GiDINANCE REGULATING THE COLLECTION OF RUBBISH. TEE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: ECTION 34.01 -- PURPOSE AND DEFINITION Subdivision 1. PURPOSE. This Ordinance is enacted pursuant to Minnesota Statutes Sections 368.01 and 412.221 and other applicable laws of the State of Minnesota for the purpose of providing uniform rules for ehe regulation of rubbish collection in the Town of Eagan. Subdivision 2. DEFINITION OF RUBBISH. Rubbish is nonputrescible solid wastes, including ashes, consisting of both combustible aa..:;�':- combustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind. SECTION 34.02 -- LICENSE REQUIRED No person, firm or corporation shall engage in collecting, hauling cr conveying rubbish in the Town of Eagan unless a license is secured therfcr as provided in this ordinance. SECTION 34.03 -- APPLICATION FOR LICENSE Application for such license to collect, haul or convey rubbish in the Town cf Eagan shall be in writing, shall be filed with the Town Clerk, and shall state the name and address of the applicant, the types and wskes of equipment to be used, and full information as to where and how such rubbish shall be disposed of in or outside of the Town. Said application shall be accompanied by the license fee and bond hereinafter provided. SECTION 34.04 -- LICENSE FEE, TEEM AND ISSUANCE Subdivision 1. FEE. The annual fee for each such licence.thall be Twenty-five ($25.00) Dollars and an additional Ten ($10.00) Dollars for -1- • • • each additional license issncd to e+teh person, firm cr carpozation. S_bdi•risi;a 2. TERM = ISSUANCE, All licenses issued hereunder shall be :Ear a period of one (1) year, shall expire oa hey 31st each year and shall be issued by the Board of Supervisors. SECTION 34.05 -- RUBBISH DLTMFING ' The dep:rsiting or dumping of rubbish within the Town of Eagan by anyone subject to this ordinance is prohibited, except wheu such depositing or c2.niping would be permitted by and be in accordance with Town of Eagan Oedinawe No. 1. SEC7.''J.ON 34.06 -- INSURANCE COVERAGE Applicants for' licenses or renewals of license shall file with each application a copy of any insurance policy or of insurance policies tender which there is coverage as to each vehicle to be used, for the enure term of the license applied for, for loss or damage to persons in the anotnt. of $100,000.00 for each person and $300,000.00 for each accident, and for less or damage to property in the amount of $50,000.00. Rash such policy shall provide that it shall nct be cancelled or terminated without noti_a thereof first beiag given to the Town. SECTION 34.07 -- NARICiNGS Each vehicle used to collect rubbish shall have the nave of the purser cr operator on the body or placed on a durable metal or wood plaque which shall be fastened to the body when the vehicle is used for collecting ruhir_t'h, .SECTION 34.0C -- SPECIFICATIONS OF VEHICLES The body of every vehicle licensed hereunder shall be constructed entirely of metal or the space in the vehicle in which rubbish will be kept aid.11 be ctvpletely lined with metal. All joints shall be effectively eleven sc that no dripping or leaking or draining off of any liquid or any eubstanee can occur. The loading spade shall be p ovided with a tight rea: a'i -2- hood having an opening fitted with metal doors, or m-ail be: provided with a heavy tarpaulin or equivalent cover fitted with eye, grommets; tie ropers or hocelts so that the cover can be held sect:lel-; cover the loaded nbb:r sh. SECTION 34.09 -- LOADING VEHICLE Rubbish shall be loaded so that none of such materials can jar loose rid fall to the ground or street when the vehicle is in motion. Loose paper, trash and small materials shall be so secured that they cannot be disparsed by the wind or fall out of the vehicle. SECTION 34.10 -- PERFORMANCE BOND Applicants for licenses or renewal of licenses shall ile with each application a bond in the penal sum of One Thousand ($1000.00) Dolltirs or the equivalent thereof, conditioned that he will faithfully, co,tiritt..I' provide rubbish collection service as specified in his application, es approved. SECTION 34.11 -- PENALTY Any person violating any provision of thin Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not • to exceed $300.00 or by -imprisonment not to exceed ninety (90) days, or both. SECTION 34.12 - INVALIDITY The invalidity of any part of this Ordinance as declared by a Court of competent jurisiiction shall not effect the validity of the remainder'thereoc., SECTION 34.13:•:- CONFLICTING ORDINANCES IMPELLED ' All ordinances And parts of ordinances in conflict herewith are hereby repealed. s:80T_ION 34;1A -- EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication .cucordi:: to law. TOWN OF EAGAN ATTEST BCARD OF SUPERVISOF.3 /s/ Alyce Bolke By /s/ John J. Klein TOWN3C,j4AN • DAKOA cowry, 1iNaIftia AP2Ru"W,. & TO ORDINANCE NO. 34 RULBISH COLLEC`cI:CN TPB Df::RD OF SUPERVISORS OF THE TOWN N OF EAGAN, DA—KaA COUNTY, MINNESOTA rO i3 ZISiLS Y AMEND ITS ORDINANCE NO. 34 AS FOLLOWS: 3FCTioN 34.04 -- LICENSE FEE, TERMS ARID ISSUANCE Subdivision 2: TERM AND ISSUANCE. All licenses issued hereunder eban bs for a period of one (1) year, shall expire on December 3Ist tech yi±:ar'utto shall Le issued by the Board of Eupervisors. Adopted this 18tk day of V4 January , 1972. ATTEST: TOWN OF EAGAN BOARD OF SUPER ISCRS le/ Alyce Bolke BY: , /s/ John .T. Ri,:;tr Date Published in Dakota County Tribune: Ivan. 1572. • • • • Subdivision 20. -- LOT LANDSCAPING. Except for the areas used for the trailer home, patio, sidewalk, or hard -surfaced off street parking, the entire lot shall be sodded and maintained with grass. Subdivision 21 -- 1•+AINTENANCE OF TRAILER COACH PARK AREAS. Trailer coach parks shall be maintained in an attractive state by the owner or operator so as not to become ersightly with respect to containers, junk, trash or any other unsightly or unsanitary conditions. No painting, washing or repairing of automobiles or any other vehicles shall be allowed on the streets or roadways of the trailer coach park. Any trailer home lot that is unoccupied and/or becomes in disrepair because of neglect by the occupant, shall be the responsibility of the trailer coach park operator, who shall maintain and/or upgrade the lot to its original permit condition. SECTION 2.06. -- EXTENSION OF Ti:E WHEN P2nMITTED. Any person using, dwelling in or occupying a trailer contrary to the provisions of this Ordinance at the time of passage or the operator of any trailer coach park which does not comply with this Ordinance, may make an application to the Board of Supervisors in writing and within the next thirty (30) days after such passage, for an extension of time of one (1) year from the effective date of this Ordinance within which to comply with this Ordinance. SECTION 2.07. -- VIOLATIONS Subdivision 1. -- SUSPENSION. Violation of any state law, regulation or standard applicable to any such trailer park or as further provided by the Town of Eagan and as is not in conflict with state law, shall subject the operator of such park to having his certificate of continued ' WN OF EAGAN DAI:GTA COUNTY, M NNE'SOTA 35 ORDINANCE NO. 35 VENDING MACHINES AN OI:UiNAi10E LICENSING THE OPERATION OF VENDING MACHINES THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 35.01 -- PURPOSE AND DEFINITION Subdivision 1. -- PURPOSE. This Ordinance is enacted pursuant to Minnesota Statutes Sections 368.01 and 412.221 and other applicable laws of the State of Minnesota for the purpose of providing uniform rules for regulat- ing the operation of vending machines in the Town of Eagan. Subdivision 2. -- DEFINIITION OF VENDING MACHINE. The words "vending machine" shall mean any and all types of mechanical devices which operate by the insertion of a coin or other token, and which deliver, or permit the removal from such machine of any article or package, without the necessity of replenish- ing the device between each vending operation. SECTION 35.02 -- LICEIISE REQUIRED. No person, firm, or corporation shall engage in the business of selling or vending through the use of a vending machine, nor own, operate or maintain any vending machine without first having obtained a license as provided in this ordinance. SECTION 35,03 -- APPLICATION FOR LICENSE The application for such a license shall state the address of the place or places wherein it is proposed to install and operate any vending machine, the kznd and number of such machines, the kind and general description of the article or articles proposed to be sold or vended by use of the said machines, the address of the place where the articles to be sold by the use of said machines are placed in said maci;iues, unless the same are filled at the place of their location. SECTION 35.04 -- LICENSE FEE, TERM AHD ISSUANCE Subdivision 1. FEE. The annual license fee for the license herein required is fixed as follows: A. For each vending machine requiring a coin of not more than ten cents, $1G per annum. B. For all other vending machines, the cum of $15 per annum. Subdivision 2. -- TERM AND ISSUANCE. All licensee A00004 her,,, dor nh:i1 be for a period of one (1) year, shall expire on June 30 each year and shall be issued by the Board of Supervisors. SECTION 35.05 -- REGULATIOiS GOVERNING VENDING MACHINES Each vending machine licensed under this ordinance shall be constructed and maintained as follows: A. Each machine shall be filled only with wholesome ingredients which have been manufactured and packaged under sanitary conditions and transported to the machine in sanitary containers or vehicles. B. The owner or operator of all such vending machines shall, whenever requested, assist the Team health Officer or other person or persons authorized by the Board of Supervisors in making inspections of the interior of the ma- chine. Inspections of all machines shall be available to the Town Health Officer or other designated persons at all times, and the key or keys necessary to gain access to such machines for the purpose of making an inspection shall be left at a location readily accessible. C. Every licensee shall keep and maintain each vending machine in a clean and wholesome, and sanitary condition at all times. -2- D. Each vending machine s%:41 have posted thereon a label cr sign stating the name, address and telephone number of the per.;on responsible for its opera- tion. SECTION 35,06 -- PENALTY Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $300,00 cr by imprisonment not to exceed ninety (90) days, or both. SECTION 35.07 -� 1NJA'LSDIT7 The invalidity of any part of this ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 35.08 -- CONFLICTING ORDI"ANCE REPEALED All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 35,09 •-- EFFECTIVE DJ 7 This ordinance shall take effect upon its adoption and publication accord- ing to law. BOARD OF SUPERVISORS ATTEST: TOWN OF EAGAN /2 Alyce Balke By /s/ John J. Klein Clerk its Chairman Original Ordinance Adopted: June 30, i970 Published in the Dakota County Tribune on: •g1j=;u. 1970 -3- -4. • CITY OF EAGAN AMENDED ORDINANCE YO, 36 BUILDING CODE . AN ORDINANCE REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUIIDINGS OR STRUCTURES IN THE CITY OF EAGAN PROVIDING FOR THE ISSUANCE OF PERMITS AN) COLLECTION OF FEES THEREFOU. THE COUNCIL OF THE CITY OF EAGAN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 36.01 - PURPOSE. This ordinance is enacted pursuant to Minnesota Statutes Anvotated, Section 471.62, as amended, and other applicable laws of the State of Minnesota. The purpose of this ordinance is to provide uniform rules for the regulation of building in the City of Eagan. SECTION 36.02 - MINNESOTA STATE BUILDING CODE. Subdivision 1. Coda Adopted. There is adopted and incorporated herein by reference, as an ordinance of the City, the Minnesota State Building Code (herein- after referred to as the "MSBC") as promulgated by the Department of Administration of the State of Minnesota and filed with the Secretary of State and the Commissioner of Administration of the State of Minnesota on January 6, 1972, Uu provisions of the MSBC, or documents referred to therein, which are not required by state tar: to be adopted by the City are adopted unless they are specifically mentioned herein. Subdivision 2. Supplementary Documents and Codes. The Minnesota State Building Code, to be known as the "Code" includes several documents and/or codes pertaining to buildings, and the following documents or codes are hereby adopted by reference and made a part hereof as if fully set out herein:• (1) The 1973 Edition of the Uniform Building Code, identified as "UBC" Volume 1, as amended; (2) The 1971 National Electric Code identified as "NEC"; (3) The 1971 American National Standard Safety Code for elevators, dumb- waiters, escalators and moving walks, identified as "ANSI A17.1 - 1971"; (4) The 1969 Minnesota Plumbing Code, identified as "MED 120 through MED 135"; are • • • (5) The 1971 State Five Marshall Rules governing buildings "providing accessibility and usability features for physically handicapped persons;" identified as."5F14 500 through SPM 568"; (6) The State Building Code of Minnesota Heating, Ventilating, Air Condition- ing and Refrigeration Code, identified as "SEC 7601 through SBC 8599". SECTION 36.03 - REPEALER. Ordinance No. 3 of the City of Eagan entitled "Building permits" as amended is repealed in its entirety. Ordinance No. 33 of the City of Eagan entitled "Regulctions Governing Heating, Ventilating and Air Conditioning" is repealed f.n its, entirety. Ordinance No. 24 of the City of Eagan entitled "Plumbing" is repealed in its entirety. S..CTION 36.04 - ORGANIZATION AND ENF0RCEMCc+2. Appendix D of the Minnesota Building Code i.s hereby adopted as the Permit and Inspection Section of this Code} including certificates of occupancy and is hereby incorporated herein and made a part of this Code as completely as if its provisions were set out in full. SECTION 36.06 - PERMIT FEES. The existing Permit Fee Schedule of the City shall continue in full force and effect unless amended from time to tuna by the City Council. SECTION 36.07 - PENALTY. Any person who shall violate any provision of this ordinance shall he deexzud guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, or both. SECTION 36.08 - INVALIDITY. The invalidity of any part of this ordinance as declared by a court of com- petent jurisdiction shall not affect the validity of the remainder thereof. SECTION 36.09 - CONFLICTING ORDINANCES REPEALED. All ordinances and parts of ordinances in conflict herewith are hereby repealed. -2- SECTION 36.10 - EFFECTIVE DATE: This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN By: City Clerk It's Mayor Date Original Ordinance Adopted:• Date Amanded Ordinance Adopted:. Date of Publication in the Dakota County Tribune: -3- 46 • TOWN OF EAGAN DAROTA COUNTY, MINNESOTA ORDINANCE NO. 37 - BURNING PROHIBITIONS AN 9RDINANCE REGULATING BURNING WITHIN THE TOWN OF EAGAN AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 37.01 - - PURPOSE AND DEFINITIONS Subdivision 1. PURPOSE. This Ordinance is enacted pursuant to Minnesota Statutes Sections 368.01; 412.221; 471.62 and other applicable laws of the State of Minnesota for the purpose of regulating burning within the Town of Eagan. Subdivision 2. DEFINITIONS. A. PERSON. As defined in Minnesota Statutes 1967, Section 116.06, Subd. (8). B. OPEN BURNING. Burai.og tion products are emitted directly through an adequate stack, duct or any matter whereby the resultant combus- to the open atmosphere without passing chimney. C. RECREATIONAL FIRES. Wood burning fireplaces and open fires used solely for outdoor food preparation. D. BURNING PERMIT. A permit issued by the Town of Eagan Fire Chief authorizing fires exempted from the general provisions hereof and setting conditions therefor. E. REFUSE. Refuse is putrescible and nonputrescible solid wastes, including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes, and including sewage treatment wastes, which are in dry form. SECTION 37.02 - - BURNING PROHIBITIONS From and after the effective date of this Ordinance, except as hereinafter otherwise provided, the following burning prohibitions shall be in effect: Open burning within the Town of Eagan and burning or refuse in any type of incinerator either indoor or outdoor within the Town of Eagan. SECTION 37.03 - - EXEMPTIONS Open burning of the types, and subject to the conditions, as herein- after stated, shall be exempt from the prohibition of Section 37.02 of this ordinance: (A) Recreational fires. (B) Fires under managed supervision, for which a burning permit has been obtained from the Town Fire Chief, and, where required by State Law, from the Pollution Control Agency, but limited to the following: (1) Fires purposely set for the instruction and training of public and industrial firefighting personnel. (2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. (3) Fire purposely set for forest and game management purposes. (4) The burning of trees, brush, grass and other vegetable matter in the clearing of land, the maintenance of street, road and highway right-of-way and in accepted agricultural land management practices. (C) Exemption to conduct fires under this Section does not excuse a person from the consequences, damages, or injuries which may result therefrom, nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. SECTION 37.04 - - AREA OF ENFORCEMENT This ordinance shall be and is in full force and effect in the following areas of the Town of Eagan: (1) All that part of said Town lying West of Pilot Knob Road, also known as County Road No. 31, and North of Cliff Road, also known as County Road No. 32, consisting of the following sections: 4, 5, 7, B, 9, 16, 17 -2- 18, 19, 20, 21, 28, 29, 30; (2) All that part of said Town lying East of Pilot Knob Road, also known as County Road No. 31, and North of Yankee Doodle Road, also known as County Road No. 28, as extended along the North line of Section 13 to the Easterly border of said Town, consisting of the following sections: 1, 2, 3, 10, 11, 12; (3) Such other areas of the Towit of Eagan as the Board of Super- visors shall determine by resolution. SECTION 37.05 - - STORAGE OF GARBAGE AND OTHER REFUSE A. All refuse shall be kept in rust -resistant, water tight, nonabsorbent and easily washable containers which are equipped with a ball or handles and covered with close fitting lids. B. Containers shall have a capacity of not less than 10 nor more than 30 gallons, and shall be provided in sufficient number to hold all refuse accumulating between collections. C. All refuse shall be transported on the streets or alleys of the Town of Eagan only in Vehicles which comply with Ordinance No. 34. D. The property owner or occupant shall control the refuse on the premises so as to keep the premises in a clean and sanitary cond- ition, and the refuse removed at regular intervals. SECTION 37.06 - - PENALTY Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Three Hundred Dollars ($300.00) or by imprisonment not to exceed ninety (90) days , or both. SECTION 37.07 - - INVALIDITY The invalidity of any part of this Ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof. • -3- SECTION 37.00 - - CONFLICTING ORDINANCES REPEALED All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 37.09 - - EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: Cle TOWN OF EA BOARD By hairman -4- • • operation suspended by the Town while such violation exists. Further, such violation will authorize the Town of Eagan to move the State Depart- ment of Health to suspend, revoke or thereafter deny the State license then in existence or effect. The operation of a trailer coach park in the Town of Eagan without a valid existing state license or contrary to this Ordinance is a violation of this Ordinance. Subdivision 2. -- PENALTY. Any person or persons who shall violate any of the prohibitions or requirements of this ordinance shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not exceeding $100.00 or by imprisonment not exceeding ninety (90) days. SECTION 2.03. -- VALIDITY. EFFECTIVE DATE AND REPEAL Subdivision 1. -- VALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. Subdivision 2. -- EFFECTIVE DATE. This Ordinance shall become effective upon its adoption and publication according to law. Subdivision 3. -- REPEAL. Town of Eagan Ordinance No. 19 designated "Trailers is hereby repealed. ATTEST: BOARD OF SUPERVISORS TOWN OF EAGAN, h:// l , ' K• By . 'C i erk Original Ordinance adopted August 3, 1954. Amended Ordinance adopted on Chaii nan Published in Dakota County Tribune on '/r. /c•;- -10— • • • TOWN OF EAGAN DAKOTA COUN1Y, Ml?4NESOTA ORDINANCE NO, 38 - PARTIAL PREPAYMENT OF ASSESSMENTS AN ORDINANCE REGULATING PARTIAL PREPAYMENT OF ASSESSIENTS. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 38_01 -- PURPOSE AND CONSTRUCTION This ordinance is enacted pursuant to Minnesota Statutes Section 429.out, Lnbdivisicn 3, and other applicable laws of the State of Minnesota. The purpose of this Ordinance is to permit partial prepayment of assessments in connection with the Cedar Grove acquisition assessments, in such manner as hereinafter provided. SECTION 38.02 -- PREPAYMENT PERMITTED Subdivision 1. SCOPE. Partial prepayment of assessments will be permitted in connection with assessments imposed pursuant to the acquisition of the Cedar Grove sewer and water systems in those instances where funds were placed in escrow to cover the estimated amount of the assessment and where those funds are now insufficient to pay the total amount of the a3sessment levied against the property. Subdivision 2. PAYMENT, Partial prepayment shall be made in those instances where permissible in the amount of the escrowed funds. The remaining unpaid balance of the assessment shall be spread at the same rate of interest and for the same term of years as the original assessment. The partial prepayment shall be made before the assessment is certified to the Dakota County Auditor but no later than October 31, 1971. SECTION 35.03 -- SEPARABILITY OF SECTIONS If any portion of this Ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of _his Ordirutnce which shall continue in full force and effect. SSECTION 38.04 -- CONFLICTING ORDINANCES REPEALED All prior ordinances of parts of ordinances in conflict herewith or inconsistent herewith are herewith repealed or superseded to the extent required to give effect to this Ordinance. SECTION 38.05 -- EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publication according to law. TOWN OF EAGAN ATTEST: BOARD OF SUPERVISORS s/ Alyce Bolke BY: s/ John J. Klein Town Clerk Its Chairman Date Adapted: October 5, 1971 Date Published in the Dakota County Tribune: October 14, 1971 • • • TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 39 PARKS ORDINANCE AN ORDINANCE ESTABLISHING All ADVISORY PARK COIH/TTEE AND DESIGNATING ITS POWERS AID DUTIES FOR THE MAINTENANCE AND OPERATION OF PUBLIC PARKS IN THE TOWN OF EAGAN. THE BOARD OF SUPERVISORS 0:F THE TOWN OF EAGAN ORDAIIB•".: SECTION:39.01 -- PURPOSE Subdivision 1: -- PURPOSE, The purpose of this ordinance is to establish an Aivtsory Park Committee composed of interested residents of the Town.of Eagan who will devote a portion of their free time on a voluntary basis to aid in the creation, planning, supervising and maintenance of public parks in the Town of Eagan.. SECTION 39.02 -- ADVISORY PARK COMMITTEE Subdivision 1. -- MEMBERSHIP. The Advisory Park Committee shall consist of ten (10) members all of whom shall be appointed by the Board of Supervisors. Each member shall be a resident of the Town of Eagan. Subdivision 2. -- METHOD OF APPOINTI4ENT AND TERM. Members 'of the Advisory Park Committee shall be appointed for staggered terms of three' (3) years after the initial term. At the regular meeting of the Board. of Supervisors next following the adoption of this ordinance, the Board shall appoint members to the Advisory Park Committee for the initial term as follows: 4 members for a term of 1 year 3 members for a term of 2 years 3 members for a term of 3 years At the expiration of the initial terms such number of members whose terms expire in accordance with the foregoing provision shall then be appointed ir • • • to three (3) year terms to serve until the expiration thereof or until such shorter time.as may be the pleasure of the Board of Supervisors. SECTION 39.03 -- POWER OF APPOINTMENT AND REMOVAL Subdivision 1. -- POWER OF APPOINTMENT. The Board of Supervisors shall have the sole power of appointment of members of the Advisory Park Com- mittee including the power to fill vacancies existing for whatever reason. Subdivision 2. -- POWER OF REMOVAL. The Board of Supervisors, at its sole discretion, may remove any member of the reasonable cause, with or without notice. Advisory Park Committee for any •SECTION 39.04 -- POWERS OF ADVISORY PARK COIfluITTSE Subdivision 1. -- ELECTION OF OFFICERS. The Advisory Park Committee ' within thirty (30) days of the initial appointment of the committee by the Board of Supervisors as hereinbefore provided shall elect from their numbers by majority vote a Chairman, a Vice -Chairman, and a Secretary. Subdivision 2. -- TERMS AND ELECTION OF OFFICERS. Each officer shall serve for a term of one (1) year or until his successor is duly elected and qualified. The annual election of officers shall be held upon written notice to all members not less than ten (10) days prior to the date thereof at the Town Hall, nor more than thirty (30) days after the expiration of the terms of that year's members of the Committee. The new officers each year shall begin serving their respective terms concurrently with the appointment by the Board of the new members. SECTION 39.05 -- DUTIES OF ADVISORY PARK COMMITTEE Subdivision 1. -- DUTIES. The Advisory Park Committee is hereby charged with the following duties: • • (a) To evaluate and select future park sites for recommendation for acquisition to the Board of Cupervisors annually. (b) To implement and supervise park programs subject to the ap-' proval of the Board of Supervisors. (c) To supervise and maintain the operation of all public parks in Town of Eagan; subject to the approval of the Board of Super- visors. (d) To eubmit.to the Board of Supervisors annually within thirty (30) days of the appointment of the new members for each year a budget for: (1) Acquisition. (2) Maintenance and operation. (3) Proposed methods of financing both of same. (e) To work with and .aid developers within developments for recrea- tional facilities and in determining the park dedication by the developer. SECTION 39.06 -- INVALIDITY The declaration by a court of competent jurisdiction of the iuvali_dit; of any portion of this Ordinance shall not affect the validity of the remainder of this Ordinance. SECTION 39.07 -- EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. BOARD OF SUPERVISORS ATTEST: TOWN OF EAGAN Clerk Chairman Original Ordinance adopted on the loth day of October, 1972. Amended Ordinance adopted Published in the Dakota County Tribune on October 26, 1972 -3- • VILLAGE OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 40 OFFICE OF CLERK -TREASURER AN ORDINANCE CREATING THE OFFICE OF VILLAGE CLERIC -TREASURER FOR THE VILLAGE OF EAGAN, DAKOTA COUNTY, UIUNESOTA. THE COUNCIL OF THE VILLAGE OF EAGAN ORDAINS: SECTION 40.01 -- CREATION OF CLERIC TREASURER OFFICE Pursuant to iiinnecota Statutes Annotated, Section 412.591, Subd. 2 and other applicable laws of the State of Minnesota, the office of Village Clerk -Treasurer is hereby created and the offices of the clerk and treasurer are hereby declared combined. SECTION 40.02 -- APPOINTMENT AND SALARY The Village Clerk -Treasurer shall be appointed by the Village Council for an indefinite term and for such amount of compensation as shall be deter- mined by the Village Council in accordance with Minnesota Statutes Annotated, Section 412.581. SECTION 40.03 -- INVALIDITY The declaration by a court of competent jurisdiction of the invalidity of any portion of this Ordinance shall not affect the validity of the remainder of this Ordinance. SECTION 40.04 -- EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. Attest: cleric VILLAGE CODICIL VILLAGE 81P EAGAN Nay Original Ordinance Adopted on November 6, 1972. Published in the Dakota County Tribune on November 16, 1972. VILLAGE OF EAGAN DAKOTA COUL'TY, MINNESOTA ORDINANCE NO. 41 SALARIES OF MAYOR AND COUNCIL MEMBERS Ail ORDINANCE SETTING THE SALARIES FOR THE MAYOR AND MEMBERS OF THE COUNCIL FOR THE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE COUNCIL OF THE VILLAGE OF EAGAN ORDAINS: SECTION 41.01 -- SALARY SCHEDULES Pursuant to Minnesota Statutes Annotated, Section 412.181 and other applicable lees of the 'tate of Minnesota, the salary of the Mayor of the Village of Eagan is hereby set at One Hundred Seventy -Five and No/100ths Dollars ($175.00) per month and the salary for each member of the Eagan Village Council is hereby set at One Hundred Twenty -Five and No/100tha Dollars ($125.00) per. month. SECTION 41.02 -- INVALIDITY " The declaration by a court of competent jurisdiction of the invalidity of any portion of this Ordinance shall not affect the validity of the remainder of this Ordinance. SECTION 41.03 -- EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. VILLAGE COUNCIL Attest: VILLAGE OF EAGAN By Clerk Mayor Original Ordinance Adopted on November 6, 1972. Published in the Dakota County Tribune on November 16, 1972. • VILIAGE OF EAGAN DAKOTA COUNTY,.NINU&JOTA ORDINANCE NO. 42 LIQUOR ORDINANCE Ad ORDINANCE REGULATING LIQUOR IN THE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA. T:UE CCUIWIL OF THE VILLAGE OF EAGAN ORDAINS: 'SECTION 42,01 -- DEFINITIONS Subd. 1. -- Intoxicating liquor and liquor: Ethyl alcohol and incled- ing distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 per cent of alcohol by weight. Subd. 2. -- Beer or non -intoxicating malt liquor means any malt beverage with an alcoholic content of more than one-half of one per cent 'q volume and not more than three and two -tenths per cent by weight. Subd. 3. -- Sale and sell: All barters and all manrers'or means of furnishing intoxicating liquor, or liquors, including the selling, exchange, barter,, disposition of, or keeping 'for sale of such intoxicating liquor. Subd. 4. -- Package or original package: Any container or receptacle holding liquor, which container or receptacle.is corked or sealed. Subd. 5. -- Off sale: The sale of liquor in original packages in retail stores for consumption off or away from the premises when sold. Subd. 6. -- On sale: The sale of liquor by the glass for consumption on the premises only. Subd. 7. -- Exclusive liquor store: An establishment used ^rc ual.7a1y .for the sale of intoxicating liquors, cigars, cigarettes, all forms of tobacco, non -intoxicating malt beverages and soft drinks. Subd. 3. -- Wholesale: Any sale fo:: the purposes of re -sale. Subd. 9. -- Iianufacturer: Every person, who by any process of manufacturing, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, shall prepare or produce intoxi- cating liquors for sale. Subd. 10. -- Club: Any non-profit corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social and intellectual purposes whose affairs and management are conducted by a board of directors. Subd. 11. -- Restaurant: Any place open to the public, employing adequate staff,,lcitchen facilities for the serving of complete meals and in co^junction with the maintaining of a dining room which has a seating capacity of 30 places or more and is primarily engaged in the business of serving meals to be consumed on the premises. Subd. 12. -- Persons: Persons shall include individuals, corporations, partnerships and associations. Subd. 13. -- Minor: Minor shall have that meaning ascribed to.<.•: by Minnesota Statutes applicable to the specific use of minor in this ordinance. SECTIOII 42,02 -- LICENSE REQUIRED Subd. 1, -- No person shall sell, exchange, barter, dispose of or keep for sale any liquor without first obtaining a license therefor from the village and complying with the laws of the State of Minnesota and the regula- tions promulgated by the Liquor Control Commissioner and also appropriate regu- lations and statutes of the United States of America. SECTION 42.03 —.QUALIFICATIONS OF APPLICANT Subd. 1. -- No license shall be granted or renewed to any person: (1) Under twenty-one years of age. (2) Who has been convicted at any time within the past five years of :: felony or gross misdemeanor relating to the operation of the licensed premises or of violating any federal, state or local ordinance relating to the manufacture, sale, possession or use of beer or'intoxicating liquor. (3) Uhe is a manufacturer of beer or who is interested in the control of any place where intoxicating liquor is manufactured. -2- (4) Who is an alien. (5) Who is Lot of good moral character. SECTION 42,04 -- APPLICATION AND BOND Subd. 1. -- APPLICATION. Every person desiring an on -sale, off -sale or Sunday sale liquor license from the Village shall file with the Village Clerk a verified written application in the form described by the Liquor Control Commissioner of the State of Minnesota, and with other additional information required by the Council including the following: (1) Whether the applicant is a natural person, corporation, partnership, or ether form of organization. (2) If the applicant is a natural person, the following information shell be furnished: (a) True name, place and date of birth, and street residence address of applicant. (b) Whether applicant has ever used or been known by a name ot:.1e,. thion his true name, and, if so, what was such name, or names, and in::::- mation concerning dates and places where used. (c) The name of the business if it is to be conducted under a designa- tion, name or style other than the full, individual name of the applicant. (d) Whether applicant is married or single. If married, true name, place and date of birth and street residence address of applicant's present spouse. (e) Whether applicant and present spouse are registered voters, and, if so, where. (f) Street addressee at which applicant and present spouse have lived during the preceding ten years. (g) Whether applicant or his spouse has ever been conv?.rted'of.o+ny ordinance, other than traffic. If so, the applicat<t ahall furnish information as to the time, place and offense for which convictions were had. (h.) Whether applicant or his spouse has ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or *thcr business of a similar nature. If so, applicant shall furnish iefer.- mation as to the time, place and length of time. (i) Whether applicant has ever been in military service. If so, appl:-• cant s:;a11 upon request, exhibit all discharges. -3- TUN OF EAGAN! DAICOTA COUNTY, MIlruE':OTA AMENDMENT TO ORDINANCE NG. 2 - TRAILER AND Til':ILEP CCE.CH PARKS THE BOARD OF SUPEI:JISORS OF THE TOt'N OF EAGAIi, DAKCTA COUNTY, MINNESOTA DOES HEREBY AYIEND ITC OfDI1L4):!CE NO. 2 AS FOLLO`!C: 'ECTION 2.04 -- TRAILER COACH PARK.PERPIITS Subdivision 4 -- APPLICATION AND FEES. Application for such permit shall be made to the Board of. Supervisors on forms supplied by the Town and accompanied by a fee according to the Town ';le::!:'❑ :schedule of lees for such application. Adopted this 20th day of June, 1972 TO'.'I! OF EAOLI! ATTEST: BOARD OF CUPEKIISORS Town Clerk By Date Published in the Dakota County Tribune: • Its Chairman (1) The name, address and business address of each person who is engaged in tannesota in the business of selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to the applicant or his spouse than second cousin, whether of whole or half blood, or who is a brother-in-law or sister-in-law of the applicant or his spouse. (3) If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant in Paragraph (2) above. A managing partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application. (4) If the applicant is a corporation or other organization and is apply- ing for an on -sale license, the following information shall be furnished. (a). The name and, if incorporated, the state of incorporation. (b) A true copy of the certificate of incorporation, articles of incorporation or association agreement and by-laws. (c) The name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant in Paragraph (2) above. (d) A list of all natural persons who, singly or together with their spouse, or a parent, brother, sister or child of either of thn:, own or control an interest in said corporation or association in excess of 5%, or who are officers of said corporation or associa- tion, together with their addresses and all other information required of a single applicant in Paragraph (2) above. (5) The exact legal description of the premises to be licensed together with a plat plan of the area showing dimensions, location of buildings, • street access, parking facilities and the locations of and distance to the nearest church building and school grounds. (6) The floor number and street number where the on -sale sale of liquor is to be conducted and the rooms where liquor is to be consumed. An applicant for an on -sale license shall submit a floor plan of the dining room, or dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served is each of said rooms. (7) If a permit from the federal government is required by the laws of the United States, whether or not such permit has been issued, and, if so required, in what name issued, and the nature of the permit. (6) The amount of the gross investment in the real property for new zppli- cations only. Assessors market value may be used where there is sn ezfsting building. (9) The names and addresses of all persons, other than the applicant, who . have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade; the nature of such interest, -4- amount thereof, terms for payment or other reimbursement, Thie shall include, but not be limited to, any lessees, ltasc::s, mortgagees, mortgagors, lendors, lien holders, trustees, trusters and persons who have co-aigned notes or otherwise loaned, pledged, or extended security fcr any indebtedness of the applicant. (10) The names, residences and business addresses of three persons, residents of Dakota County, of good moral character, not related to the applicant or financially interested in the premises or business, who may be referred to as to the applicant's character or in the cats where infor- mation is required of a manager, the manager's character. (11) Whether or not all real estate and personal property taxes for the premises to be licensed have been paid and, if not paid, the years for which delinquent. (12) Whenever the application for an on -sale license, or for a transfer thereof, is for premises either planned or under construction or under- going substantial alteration, the applicant shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans or design are on file with the Village Engineer, no plans need to be filed with the Village Clerk. (13) Such other information as the Village Council shall require. (14) Proof that the applicant has complied with all of the procedure:, required under the village to qualify the proposed licensed pra,•.ir:s as an approved location. The Council shall not act upon an appiicar'nn for a licenae until all such regulations have been complied with and final approval of site and building plans have been given by the Council. All other applicable ordinances must be complied with. Subd. 2. -- BOND. Each applicant for a license shall file with the Village Clerk.a bond with corporate surety or in lieu thereof, cash, or an acsiguxent to the Village in the form prescribed by the Village of bonds of The United States Government in the sum of $2,000.00 for an off -sale license, and the sum of $5,000.00 for an on -sale license, and Sunday sale license where the issuance of the two licensee are identical applicants. However, the issuance of an on -sale license alone shall require the full amount of the bond, $5,000.00 to be posted with the Village Clerk, Those bonds shall contain.the following pr'ovla'! one: (a) That the licensee will obey the laws and ordinances relating to (P.O: licensed business. (b) That the licensee will pay to the Village, when due, all taxee, license fees, penalties and other charges provided by law and ordinance. -5- • (c) That in the event of any violations of the provisions of any laws or or•U.net.ce relating to. retail license of off -sale, ca-sale or Sunday sole as to sale of intoxi:atiag liquor, such respective bond shall be forfeited to the Village, (d) That the licensee will pay to the extent•of principal amount of each bond any damages for death or injury caused by or resulting from the violation of any provisions of law or ordinance relating thereto, and in such cases recovery under this subdivision may be from the surety on 'the bond. The amount specified in such bond is declared to be a penalty, the amount coverable to be measured by the actual damages; provided, however, that in no case shall such surety be liable for any amount in excess of the penal amount of the bond. All such bonds shall be for the benefit of the obligee, and all persona suffering damages by reason of the breach of conditions thereto. In the event of the forfeiture -of any such bond for violation of law, the District Court of Dakota County may forfeit the penal sum of said bond or any part thereof to the Village. Subd. 3. -- LIABILITY INSURANCE. Prior to the issuance of an on -sale liquor license, the applicant shall file (a) a public liability insurance policy providing coverage of at least $10C,000.O0 and $300,000.00 and (b) a ltq:•.r bility policy coveri:-•g liability under the provisions of Minnesota Statutes, Section 340.95., The Village shall be named as an additional party insured on each of such policies. Such policies shall provide that no cancellation for any cause shall be made by either the insured or the insurer without first giving written notice of such cancellation to the Village at least 30 days prior to the effective date of the cancellation. Such policies of insurance shall further provide that no payment of any claim by the insurance company shall in any manner decease the coverage provided for in respect to any other claim or claims brought against the insured or the insuring company. Such policies shall be subject to approval of the Village Attorney as to form and execution and shall be issued by companies who are duly licensed to do business in the State of Minnesota. Such policies, when approved by the proper Village officials, shall be depositst with the Village Clerk. • • • SECTION 42.05 -- INVESTIGATICN CV LICENSE APPLICANTS Subd. 1, -- Every new or renewal application for a license to sell intoxicating liquor shall be referred to the Chief of Police for investigation o2 each individual. Every individual or person having any beneficial interest in the license shall be so investigated. The Chief of Police shall make neces- sary inquiry and list all violations of Federal and State Law or municipal ordin- ances including verified complaints that occurred at the establishment being investigated while under the same ownership. He shall report his findinga and comments to the Village Clerk who shall order or conduct such additional investi- gations as he deems necessary or as the Council directs. Subd. 2. -- Every new applicant shall pay to the Village Treasurer as an investigation fee $30.00 for each individual who has a beneficial interest in such license whether an individual, a partnership, corporation accordiu; .0 Section 42.04 Subd: 1 (4)(d) or a group by whatever arrangement; the $30.00 per individual to pay for the cost of investigation of each individual having a beneficial interest in a retail liquor license as defined under this ordinance. Subd. 3. -- The applicant' shall permit the officer of the Village, as well as representatives of the Police and Fire Departments, to inspect and exam- ine the place of business described in the application, together with.all the appliances and instruments used or to be used in the transaction of the bucineas for which the license is sought, and any refusal on the part of such applicant to permit such inspection shall be deemed as sufficient ground upon which the Council shall refuse to issue the license applied for. Subd. 4. -- 'there the application is for an off -sale liaucr license and the applicant is the holder of an on -sale non -intoxicating malt liquor lieeuse heretofore issued by the Village Council to sell such non -intoxicating malt liquor -7- for consumption on the premises, the Council shall not grant sech•off-sale liquor license until the applicant'surrenders his license to sell non -intoxicating malt liquor for consumption on the premises.: If an off -sale license is granted, the resolution granting it shall direct the Village Clerk to issue the license whenever the bond hereinafter provided for has been approved by the Village Council and the Liquor Control Commissioner advises the Village Clerk that he approves of the issuance of the license to the particular. applicant. Subd. 5. -- if an on -sale license is granted, such resolution shall direct the Village Clerk to issue the same whenever the bond hereinafter provided for has been approved by the Village Council. Subd. 6. -- Should the applicant for a license not be granted, the resolution refusing the same shall authorize and direct the proper Village offi- cials to refund to the applicant the license fee deposit made at the time of the filing of the application. Subd. 7. -- Delinquent Taxea. No license shall be granted for operation ou auy premises upon which taxes or assessments or other financial claims 'of the village are delinquent and. unpaid. Subd. 8. -- Location. No license shall be granted where the premises - proposed to be licensed are within 300 feet of any school or within 300 feet of any church. SECTION 42.06 -- BURDEN OF PROOF Subd. 1. -- All applicants or holders of a retail liquor license shall have the burden of proving to the Council the following: (a) That each individual having a pecuniary interest or a beneficial interest in the license is a fit person of good character and integrity. (b) That the person applying for said license or holding the same is in fact the true proprietor thereof and that each individual having any interest in the license has in fact been listed correctly on the appli- cation, and the Council has been accurately appraised at least 14 days prior to any change of any and all changes in the person holding the license regardless of whether an individual, partnership, corporation or group by whatever arrangement organized. -8- (e) That the premises are suitable for the type and kind of license requested. (d) That the applicant or licensee will be responsible for his agents, employees and servants and for the conduct of his place of business and for conditions of sobriety and order therein. (e) That the provieions•of this ordinance and other Village ordinances, State and Federal law shall be complied with. Subd. 2. m- in the event that the applicant for a license, or a holder of an existing license shall fail to make full disclosure to the Council; Cletk or Police Chief or any officer of the Village so designated by them of fail to promptly produce books, records, leases or sub -leases or to promptly correct any deficiency in his operation of management of the premises as requested, then such refusal or non-compliance may be sufficient grounds of itself for denial of the new license, revocation or suspension of an existing license or refusal to renew an existing license. SECTION 42.07 -- LICENSE CONDITIONS Subd. 1. -- Posting of License. All licensed premises shall have the license posted in a conspicuous place at all times. Subd. 2. -- Manufacturers and Wholesalers. No manufacturer or whole- saler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor. Subd. 3. -- Responsibility. Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. Subd. 4. -- Structural Requirements. All windows in the front of any licensed place shall be of clear glass, and the view of the whole interior chall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device which obstructs the view of any part of the room from the general observation of persons in the room; but partitions, subdivisions, or panels not higher than forty-eight inches from the floor shall not be considered obstructions. -9- Subd. 5. -- Violation by Agent. Any act by any clerk, barkeeper, agent, servant or employee of any licensee hereunder, in violation of this Chapter,, shall be dcemed the sot of the employer and licensee of such place as Well as that of said clerk) barkeeper; agent, servant or employee, and every such employer and license Shell be liable to.ail the penalties provided for the Violation of same;.equally with said clerk, barkeeper, agent, servant or employee. Subd. 6. -- Minors. Further it shall be unlawful for: (1) A minor to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him, or her, any alcoholic beverage containing more than one-half of one percent of alcohol by volume, or (2) A minor to consume anyintoxicating liquor or to purchase, attempt to purchase, or have another purchase, for him or her, any intoxicating liquor, or (3) Any peroon to misrepresent or mistake his or her age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a minor, or (4) A minor to bave in his possession any intoxicating liquor with the intent to consume same at a place other than the household of his parent or guardian. Possession of such intoxicating liquor at a place other than the household of his parent or guardian shall beprima facie evidence of intent to consume the same at a place other than the house- hold of his parent or guardian. Subd. 7. -- Prostitution and Gambling. No licensee shall permit on the licensed premises, or any room in those premises, or any adjoining building directly under his control to be used as a resort for prostitution or to be used for gambling or gambling devices. Subd: 8. -- Inspection of Premises. Any police officer, building inspector, or any properly designated officer or employee of tha Village shall have the unqualified right to enter, inspect, and search the premises of any licensee hereunder at any time without a warrant. Subd. 9. -- Federal Tax Stamp. No licensee shall apply for or possess a Federal Wholesale Liquor Dealer's special tax stamp or Federal gambling stamp. -10- Subd. 10. -- Partnership License. No license shall be issued to a partnership with more than 5 partn:are. Subd. 11. -- Change in Articles or By -Laws. Any change in either the articles or the by-laws must be reported to the Village Clerk within 14 days before such change has been adopted by said corporation or filed. SECT/ON.42.08 -- LICENSE YEAR Subd. 1. -- Pro rata licenses may be issued to new licensees for a partial year. Any period of lees than one month that the license is in effect shall be considered and computed as one month for the payment of the pro rata fee. Subd. 2. -- All liquor licenses, on -sale, off -sale and Sunday sale, expire on the Zlat day of December of each year. Subd. 3. -- The Council may in its discretion provide by teen:IL:ion duly adopted for an increase or decrease in the bond for on -sale, off -sale and Sunday sale or the payment of on -sale license fee in two equal installments payable .each six months, on or before December 31 and June 30 of each license year. Subd. 4. --All existing liquor licenses commence on January lat or each year. Failure to pay any on -sale, off -sale or Sunday sale liquor license or installment automatically terminates the license and may only be reinstated after at least 10 days' notice and hearing before the Council. Any change of licence fee or change in bond requirement shall take effect immediately for new licenses, but for renewal licenses, at the expiration of the current license. year in which the increase or decrease was approved. by the Council. SECTION 42.09 -- TYPES OF LICENSES AND FEES Subd. 1. -- The Council may issue licenses for on -sale, off -sale or Sunday sale in such numbers as permitted by the laws of the State of Minnesota -11- including the sale of food, cigars, cigarettes, tobacco, non -intoxicating malt beverageb and soft drinks. However, a Sunday sale licenoe shall not be issued unless the applicant holds a valid on -safe license and qualified Under the definition of "Restaurant" as set forth in Section 42.01 of this chapter. Subd. 2. -- The license fee for off -sale shall be $200.00 per annum. Subd. 3. -- The license fee for on -sale shall be $2,500.00 per annum. Subd. 4. -- The license fee for Sunday sale shall be $200.00 per annum. SECTION 42.10 -- ANNUAL REPORTS Subd. 1. -- Each licensee shall furnish the -Village Clerk such infor- mation as required by him including the following not later than 30 days prior to renewal of each retail liquor license: (a) The name or names of all persons owning or having an interest in the licensed business including their age, occupation, residence and place of business. (b) A list of all other liquor businesses by name and address that are located in the Stets of Minnesota in which such persons listed in Sub -section (a) of this section have an interest, and state the extent of such interest. SECTION 42.11 -- IMPROPER LICENSES Subd. 1. -- Any license issued to a person not entitled to receive the same under this chapter Cr any law of the State of Minnesota shall be revoked by the Council at, any time after 10 days notice and public hearing. SECTION 42.12 -- TRANSFER OF LICENSE Subd. 1. -- No on or off -sale liquor license granted by the Village shall be transferable from person to person or from place to place without the consent of the Council, which consent shall be evidenced by resolution passed by the Council. No license shall be granted for a specific part of any parti- cular building or premise which permit sales of such liquor on a part of such -12- premises not specified in the license. The Council may by resolution grant the right to uee such other portions of the building or premises for such sales: Subd. 2. -- The transfer of stock in any corporate licensee for on or off -sale, shall be deemed a transfer within the meaning of thta section, and no such tranefet of stock shell be made without the consent of the Council. It is hereby made the duty of the officers of any corporation holding a license issued utdet the authority of this ehapter to notify the Council of any proposed sale or transfer of any stock in such corporation, and no such sale or stock shall be effective without the consent of the Council given above set forth. The transfer of the Council shall be deemed of any license granted to such of any stock without.the knowledge sufficient cause for revocation by corporation by.the Council. transfer of in the manner or consent the Council Subd. 3. -- Such corporate officers shall also notify the Council when any change is made in the officers of any such corporation, and the failuri to so notify the Council shall likewise be sufficient cause for revocation of any liquor license granted to such corporation. Subd. 4. -- At the time the application for the transfer of an•existing on -sale liquor license, except from place to place, said proposed transferee or transferor shall pey to the Village Clerk the sum of $250.00 as a transfer fee. On a transfer from place to place the fee shall be $50.00. In the event the application for transfer is denied, said transfer fee shall be returned to appli- cant. Subd. 5. -- At the time the application for the transfer of an existing off -sale liquor license, except from place to place, or transferor shall pay to the Village Clerk the sum Oa the transfer from place to place the transfer fee said proposed transferee of $100.00 es a transfer fee. shall be $25.00. In the event the application for transfer is denied, the transfer fee shall be returned to the applicant. -13- TOWN OF FAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 3 BUILDIIVG PERMITS (As Amended) AN ORDINANCE REGULATING THE CONSTRUCTION OF BUILDINGS AND STRUCTURES AND REQUIRING PERMITS THEREFORE IN THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGLN ORDAINS: SECTION 3.01 -- PURPOSE AND CONSTRUCTION Subdivision 1. -- PURPOSE. This ordinance is enacted pursuant to Minnesota Statutes Annotated Sections 363.01 and 412.221 and other applicable laws of the State of Minnesota for the purpose of promoting the health, safety, order, convenience and general welfare in the Town of Eagan by regulating the constrcution of buildings and structures and requiring building permits therefore in said Town. Subdivision 2. -- CONSTRUCTION. This ordinance shall be known as the "Town of Eagan Building Permit Ordinance." It shall be construed as setting forth minimum requirements for building and construction in the Town of Eagan. Any other ordinance of this Town containing greater requirements than herein contained shall be controlling to the extent only of such greater requirements. SECTION 3.02 -- PROHIBITION No building or structure of any kind whatsoever the actual cost or value of which shall exceed one hundred dollars ($100.00) shall be constructed, built, erected, altered or enlarged in the Town of Eagan without the owner or builder thereof having first obtained a building permit in accordance with this ordinance and complying with all other applicable ordinances of said Town. • • • SECTION 42.13 -- DIODES OF OPERATION Subd. 1. -•' No sale of intoxicating liquors shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 3:00 p.m. on Memorial Day, nor between the hours of 1:00 a.m. and 8:00 p.m. on any election day, in the district in which such election shall be held. No on -sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any week day. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Saturday on which off -sale. may be made until 10:00 p.m. No off -sale shall be made on New Year's Day, January let; Nemorial Day, May 30th; Independence Day, July 4th; Thanksgiving Day or Christmas Day, December 25th; but on evenings preceeding such, if the sale of liquor is not otherwise prohibited on such evenings, off -sale may be made until 10:00 p.m. except that no off -Dale shall be made on December 24th after 8:00 p.m. Sunday sale hours shall be between the hours of 12 o'clock noon to 12 o'clock midnight. Subd. 2. -- No person shall consume beer or intoxicating liquor 2n say licensed establishment in this Village at any time more than 30 minutes after the time for selling such intoxicating liquor has ceased, except that employees may consume beer or intoxicating liquor for one hour after the time for selling such intoxicating liquor has ceased. Proof of employment must be shown upon request of any. official Village personnel.. It shall be the personal responsibili- ty of each licensee to see that the terms of this section are complied with. Further all persons other than employees shall vacate the licensed premises within 30 minutes alter the time the sale of such intoxicating liquor has ceased. Subd. 3. -- Nothing herein shall be construed as prohibiting the cnnoumption of intoxicating liquor on Sundays between the hours of 12:00 noon and 12:00 midnight on the premises which operate a dieing room serving meals regu- larly and which has a seating capacity for 30 or more people, when such consump- tion is not prohibited by state law. -14- • Subd. 4. --.The restaurant operated in conjunction with said on -sale liquor license shall not be open for restaurant business later than the closing hour of the on -sale liquor establishment, and the restaurant shall not open Sooner than the on -sale liquor establishment is allowed by law to open. SECTION .42.1k -- CLUBS Subd. 1. -- It is unlawful for any property owner, licensee, manager, or employee ofany restaurant or cafe to make or participate in any transaction whereby any room, area, or space connected with, controlled by or adjacent to such restaurant or cafe may be leased to or made available to any locker or bottle club (or any club or organization, which club or organization or the members thereof keep or store intoxicating liquors for individual consumption), or whereby any such club is granted the use of any room or space connected with or under the control of the restaurant or cafe with or without a conaideretioa. . Subd. 2. -- It is unlawful for any property owner, licensee, manage:, or employee of any restaurant or cafe to serve or furnish to any such club or to individual members thereof any beverage, ice, or so-called setup to be mixed with or compounded with any intoxicating liquor. Subd. 3. -- It is unlawful for any property owner, licensee, manager or employee of any restaurant or cafe to permit any individual, club, oisaniza- tion or corporation to keep, store or consume any intoxicating liquor upon or in such restaurant or cafe or in any ream, area or space connected with, con- trolled by or adjacent to such restaurant or cafe. Subd. 4. -- It is unlawful for any person to keep or store any intoxi- eating liquor at any place other than the residence of such person. This section .does not apply to licensed liquor dealers.. SECTION 42.15 -- LICENSE REVOCATION OR SUSPENSION Subd. 1.-- The Council may without notice revoke the liquor license • -15- for a violation of any provision of state law, federal law cr this code relating to intoxicating liquor. Subd. 2. -- Upon conviction of the licensee or of any agent or employee of said licensee of any felony or gross misdemeanor relating'to the licensed pre- 4.4.se i or- violation"of' any of the pmrislons of the "Uited States law, Minnesota lair or any ordinance of the Village relating to the manufacture, sale, possession or use of intoxicating liquor on the premises operated under said license shall be grounds for revocation of said license. Subd. 3. -- Upon suspension or revocation of an on -sale liquor license, ouch suspension shall include the automatic revocation or suspension of Sunday sale license which may be in force or held by the suspended on -sale license holder. Further, the Council may at their discretion, suspend or revoke both the on -sale and Sunday sale licenses, upon any violation or conviction under the Sunday sale licenses, or may revoke the Sunday sale license only. Subd.'4. -- No part of the license fee shall be repaid upon such revocation. $ECTIOW 42.16 -- aqua CONTROL COMIELWalia Subd. 1'. -- The Village Clerk shall after issuing any retail liquor license submit to the Liquor Control Commissioner of the State of Minnesota the full name and address of each person granted such license including the trade - name, effective license date, date of expiration, change of address, change of ownership, suspension, cancellation,.or the revocation of such license by the Council. SECTION 42.17 -- MULTIPLE OWNERSHIP AND MULTIPLE LICENSED PREMISES Subd. 1. -- Except where a combination on -sale and/or Sunday sale license is permitted by the laws of the State of Minnesota no person shall -16- knowingly have or possess a direct or indirect interest in more than one retail license it the Village.- No person shall have en interest in an on -Sale and an off -dale license in the Village. Interest includes any pecuniary interest in the ownership, operation, management or profits of $etdii liquor establishment other than bone Ei%e rentalagteements, bona fide loans or bona fide open accounts. NO manu£acturet or wholesaler eh@ll either directly or indirectly own or control or have any financial interest in any retail business ceiling intoxicang liquor. Subd. 2. -- No on -sale liquor license shall be permitted on the same premises where an on -sale non -intoxicating malt liquor license has been issued by the Village. Subd. 3. -- No on -sale liquor license shall be permitted on the same • premises where an off -sale license has been issued by the Village. SECTION 42.18 -- INSPECTIONS Subd. 1..-- The premises of all liquor establishments shall be open for inspection by Village officials and other public officers at all times. The premises shall be maintained in a saaicary condition. All laws, regulations and ordinances in force pertaining to sanitation and health shall be complied with. Glasses shall be sterilized priur to being refilled or reused. SECTION 42.19 -- RENEWAL OF APPLICATIONS Subd. 1. -- Application for the renewal of an existing license shall be made at least 60 days prior to the dace of the expiration of the license and shall be made in such form as the Council may approve. If, in the judgment of the Council, good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time provided, the Council may, if the other provisions of this ordinance are complied with, grant the application. -17- pECT20N 42 20 -- SECT SG AND LIVE ENTERTA/NMENT Subdi 1: -- Any person eeeiriag dancing or live entertainment in an on -sale liquor establishaent shaii include in his application for liquor license the following information: (1) The exact location of the premises upon which the applicant proposes to have dancing or live entertainment. (2) Whether the applicant bee Ever been engaged in a similar business and, if so, the location thereof and the date when so engaged. (3) Whether the applicant proposed to afford the privilege of'dancing to his guests or whether vaudeville entertainment will be afforded or whether both will be provided. SECTION 42 21 -- NONDISCRIMINATION . Subd. 1. -- The Village hereby declares it unfair and in violation of this ordinance for any person as defined herein to discriminate against any individual in connection with the hiring, the admission of customers or in any other way related to conduct of hie businen on the basis of race, creed, color, national origin or ancestry of such person. SECTION 42 22 -- pImmy Subd. 1. -- Any person, individual, firm, partnership, association or corporation who violates any provision of this ordinance shall upon convic- tion be punished by a fine not exceeding $300.00 and/or imprisonment not ex- ceeding 90 days. SECTION 42,23 -•• VLLIDITY Subd. 1. -- Sections, sub -sections, clauses, provisions and portions of this ordinance are deemed to be severable and should any section, sub -section, clause, proviaiun ot: portion of this ordinance be declared by Court of competent jurisdiction to be unconstitutional or invalid‘the same shall not affect tee -18- validity of this ordinance as a whole or any part thereof other than the.part so declared id be Unconstitutional or invalid. SECTION 42.24 -= EP'tEC`fiVB DAxB This ordinance shell be In full force and effect free and after its publication. VILLAGE COUNCIL ATTEST: VILLAGE OF EAGAN Clerk Mayor Original Ordinance adopted on the day of December, 1972. Published in the Dakota County Tribune cn December. , 1972. -19- VILLAGE OF EAGAN Liquor -License Policies Adopted February 22, 1973 OFF -SALE 1.) Two Off -Sale Liquor Licenses shall be allowed at the present time in the Village of Eagan. a.) One license shall be allowed in the general western area of the Village (near Cedar Avenue and Highway 13). b.) One license shall be allowed in the general north-eastern area of the Village. 2.) 0ff-Sale Licenses shall be limited to commercially zoned property. ON -SALE 1.) Number a.) A total of seven (7) On -Sale Liquor Licenses shall be allowed at the present time. 2.) Value (Note 1) a.) No On -Sale Liquor License shall be allowed for any establishment unless the investment in the building or portion of the building associated with the Liquor License is equal to or greater than $150,000. In the event the On -Sale Liquor establishment is part of a larger building containing other uses, the value' shall be arrived at by prorating the value of the total building on a square -footage basis. Value is to be determined on items considered by the County Assessor to be "real - property", as differentiated from fixtures. 3.) Food Service (Note 1) a.) A11 establishments which hold an "On -Sale" Liquor License must maintain a ratio of food sales to liquor sales of at least 40-601. Village of Eagan Liquor -Licence policies February 22, 1973 b.) Food service must consist of a "reasonable" choice of full -meals, and shall not be limited to "quick service" items such as pizza, sandwiches, hamburgers, etc. 4.) Location (Note 1) a.) On -sale Liquor Licenses shall be limited to commercially or industrially zoned property, under a special use permit. 5.) Exceptions a.) Where License requests are made for establishments which are an integral part of a motel or hotel of over 60 rooms, or in which the value of the building or portion of the building associated with the Liquor License exceeds $500,000. special exemption from the limit of seven (7) total On -sale Liquor Licenses may be granted. GENERAL These nolicies shall be reviewed on a yearly basis. Note 1: On -sale establishments existing at the date of incorporation of Eagan as a Village are exempt from this requirement. _tote 2: On -sale establishments existing at the date of incorporation of Eagan as a Village are exempt from this requirement. -2- • • VILLAGE OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 43 NON -INTOXICATING MALT LIQUOR ORDINANCE AN ORDINANCE REGULATING NON -INTOXICATING MALT LIQUOR IN THE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE COUNCIL OF THE VILLAGE OF EAGAN ORDAINS: SECTION 43.01 -- DEFINITIONS Subd. 1. -- Person includes a natural person of either sex, co- partnership, corporation and association of persons and the agent or manager of any of the aforesaid. Subd. 2. -- "Beer" or "non -intoxicating malt liquor" means any malt beverage with an alcoholic content of more than one-half of one per cent by volume and not more than three and two -tenths per cent by weight. Subd. 3. -- 'Original package" means the bottle or sealed container in which the liquor is placed by the manufacturer. Subd. 4. -- "Restaurant" means a place of which the major business is preparing and serving lunches or meals to the public to be consumed on the premises. SECTION 43.02 -- LICENSE REQUIRED Subd. 1. -- No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by gift, sale or otherwise, Or keep or offer for sale, any beer within the Village without first having received a license as hereinafter provided. License shall be of two kinds: (1) Retail "on -sale"; (2) Retail "off -sale" (1) 'On -Sale" Licenses -- "On -sale" licenses shall permit the sale of beer for consumption on the premises only. (2) "Off -sale" Licedses -- "Off -sale" licenses shall permit the sale of beer at retail in the original package consumption off the premises Only. SECTION.43.04 LICENSE., FEES Subd. 1. -- Upon the filing of an application for either of the licenses hereinbefore provided for, the applicant shall pay to the Village Clerk the sum of One Hundred and 00/100 ($100.00) Dollars if the application is for an "on -sale" license, and the sum of Twenty-five and 00/100 ($25.00) Dollars if the application is for an "off -sale" license, and the said Village Clerk shall thereupon deliver to such applicant a receipt therefor. SECTION 43.05 -- INSPECTION Subd. 1. -- The applicant shall permit the officers of the Village, as well as representatives of the Police and Fire Department, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought, and any refusal on the part of such applicant to permit such inspection shall be deemed as sufficient ground upon which the Council shall refuse to issue the license applied for. SECTION 43.06 -- GRANTING OF LICENSE Subd. 1. -- The Village Clerk shall transmit his recommendations to the Council, together with any reports from the Police Department, Fire Depart- ment and any other designated Village departments or officials and the Council shall thereupon consider the application and grant or deny the same. Opportun- ity shall be given to any person to be heard for or against the granting of the license. After such investigation and hearing the Village Council shall grant or refuse the application in its discretion. -2- SECTION 3:03. -- RECUIREMENTS Subdivision 1. -- SINGLE FA.MILY DWELLINGS, PLATTED AREAS. Application for permit to construct, build, erect, alter or enlarge any single family dwelling or garage in any platted area within the Town shall be made to the Town Clerk by the owner or builder thereof. Subdivision 2. -- SINGLE FAMILY DWELLINGS AND AGRICULTURAL STRUCTURES IN UNPLATTED AREAS. Application for permit to construct, build, erect, alter. or enlarge any single family dwelling or garage or any structure used pri- marily for agricultural purposes in any unplatted area within the Town shall be made to the Board of Supervisors by the owner or builder of such structure. No such permit shall be granted for any such construction within 50 feet of the right-of-way line of any existing or proposed major street or thorough- fare. Subdivision 3. -- ALL OTHER DWELLINGS AND STRUCTURES. Application for permit to construct, build, erect, alter or enlarge any building, dwelling or structure of any kind or nature whatsoever, except as hereinabove specifically designated, shall be made to the Board of Supervisors by the owner thereof. In addition, such owner shall have first complied with Ordinance No. 6 and all other applicable ordinance requirements of this Town before any such permit shall be granted. Subdivision 4. -- PLOT PLAN. Every applicant for a building permit at the time of making application therefore shall submit a plot plan which shall be prepared in accordance with the following requirements: A. Each plot plan shall be prepared on a sheet of white paper not less than 81 x 11 inches. B. It shall be drawn or sketched legibly according to a scale of not less than '4 inch — 1 foot. C. It shall show the outside dimensions of the lot or parcel upon which the structure is being placed, the outside dimensions of the structure and the distance from the structure to all lot or parcel boundaries. -2- SECTION 43.07 '- LICENSE NON -TRANSFERABLE Subd. 1. --i Each iicense shall be issued to the applicant only and shall not be transferable to another holderi Eacdt license shall be issued only for the premises described in the application. No license slay be transferred to another place without the approval of the Village Council. SECTION 43.08 -- PERSONS INELIGIBLE FOR LICENCE Subd. 1. -- No license shall be granted or renewed to any person: Under twenty-one years of age. (1) (2) Who has been convicted at any time within the past five years of a felony or gross misdemeanor relating to the operation of the licensed premises or of violating any federal, state or local ordinance relating to the manufacture, sale, possession or use of beer or intoxicating liquor. (3) Who is a manufacturer of beer or who is interested in the control of any place where beer, is manufactured. (4) Who is an alien. (5) Who is not of good moral character. (6) Who is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place unless there has also been issued to him a local license to sell intoxicating liquor at such place. SECTION 43.09 -- LOCATIONS INELIGIBLE FOR LICENSE Subd. 1. -- No on -sale license shall be granted for any place within 300 feet of any public school or within 300 feet of any church. In the case of a school, the distance is to be measured in a straight line from the parcel or lot upon which the business to be licensed is located to the nearest point of the parcel or lot upon which the school is located. In the case of a church, the distance shall be measured in the same manner as above set forth, except it is to be measured to the nearest point of the church building. The erection of a public school or church within the prohibited area after an original applica- tion has been granted shall not, in and of itself, render such place ineligible for renewal of the license. -3 Subd. 2. -- No on -sale non -intoxicating malt liquor license shall be lamed on the premises where an on -sale liquor lioeuse has been issued by the Village. SECTION 43410 po ntos OF LICENSE Every license shall be granted subject to the conditions in the follow- ing and all other porvisions of the Village ordinances or state law. Subd. 1. POSTING OF LICENSE --All licensed premises shall have the license posted in a conspicuous place at all times. Subd. 2. SALES RESTRICTED -- No beer shall be Bold or served to any intoxicated person or to any person under 21 years of age or as prescribed by Minnesota statute for this purpose. Subd. 3. -- MINORS -- No minor under 18 shall be employed on the premises of a beer store or be permitted to Bell or serve beer, in any on -sale establishment. Subd. 4. -- GAMBLING PROIIIBITED -- No gambling or any gambling device shall be permitted on any licensed premises. Subd. 5. -- MANUFACTURERS ANDWHOLESALERS -- No manufacturer or wholesalers of beer shall have any ownership of or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes, Section 340.02 as amended. No retail licenses and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. Subd. 6 -- ENTERTAINMENT AND DANCING -- Dancing wherein the public participates and dancing, singing and other vaudeville exhibitions or entertain went are hereby at all times prohibited on the premises of any on -sale licensee; -4- provided, however, that if such premises are duly licensed for operetibn as a tavern under the ordinances of the Village relating to taverns, such dancing, exhibitions or entertainment may be permitted. Subd. 7. -- INSPECTION OF PREMISES --Amy peace officer shall have the unqualified right to enter, inspect and search the premises of a licensee during business hours without.a search and seizure warrant. Subd. 8. -- RESPONSIBILITY -- Every licensee shall be responsible for the conduct of his place of business and shall maintain conditions of sobriety and order. Subd. 9.--VIOLATION BY AGENT-- Any act of any clerk, barkeeper, agent, servant, or employee, in violation hereof, shall be deemed the act of the employer and licensee of such place, as well as that of said clerk, barkeeper,, agent, servant, or employee, and every such employer and licensee shall be liable to all the penaltiesprovided herein for the violation of same, equally with the said clerk, barkeeper, agent, servant, or employee. Subd. 10. -- HOURS OF OPERATION -- No sale of non-intoxicationg liquors shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 3:00 p.m. on Memorial Day, nor between the hours of 1:00 a.m. and 8:00 p.m. on any election day, in the district in which such election shall be held. No on - sale shall be made between the hours of"1:00 a.m. and 8:00 a.m. on any week day. No off -sale shall be made before 8:00 a.m. or after 8:00 p.m. of any day except Saturday on which off -sale may be made until 10:00 p.m. No off -sale shall be made on New Year's Day, January lst; Memorial Day, May 30th; Independence Day, July 4th; Thanksgiving Day or Christmas Day, December 25th; but on evenings preceeding such, if the sale of liquor is not otherwise prohibited on such even- ings, off -sale may be made until 10:00 p.m. except that no off -sale shall be made on December 24th after 8:00 p.m. Sunday sale hours shall be between the hours of 12 o'clock noon to 12 o'clock midnight. No person shall consume beer or -5- non -intoxicating liquor in any licensed establishment in this Village at any time more than 30 minutes after the time for selling such non -intoxicating liquor has ceased, except that employees may consume beer or non -intoxicating liquor for one hour after the time for selling such non -intoxicating liquor has ceased. Proof of employment must be shown upon request of any official Village personnel. It shall be the personal responsibility of each licensee to see that the terms of this•eection are complied with. Further, all persona other than employees shall vacate the licensed premises within 30 minutes after the time the sale of such non -intoxicating liquor has ceased. Subd. 11 -- STRUCTURAL REQUIREMENTS -- All windows in the front of any licensed place shall'be of clear glass, and the view of the whole interior shall be unobstructed by screens, curtains or partitions. There shall be no partition, box, stall, screen, curtain or other device which obstructs the view of any part of the room from the general observation of persons in the room; but partitions, .subdivisions, or panels not higher than forty-eight inches from the floor shall ;not be considered obstructions. Subd. 12. -- MIXING -- It shall be unflw£ul for any licensee, his agents, or employees to mix, or sell for the purpose of mixing, any such malt liquor, or to suffer or permit upon the premises named in his license, any mixing or spiking of malt liquor, soft drinks, or any other liquor or beverage by adding to or with the same any alcohol or other intoxicating liquor. Subd. 13. -- INTOXICATED PERSONS -- It shall be unl&wful for any licensee, his agents, or employees to sell or serve non -intoxicating liquor to any intoxicated person, or to permit an intoxicated person to remain upon the premises licensed. Subd. 14. -- SPIKING -- Iu all premises licensed for on -sale under this ordinance, a sign saying "No Spiking Allowed," or "No Spiking," of sufficient size and clarity to be easily read by all persons in said premises shall be -6- conspicuously displayed, unless a permit from the Village Council is obtained waiving this requirement. Subd. 15. +- UNLAWFUL POSSESSION -- it shall be unlawful to possess intoxicating liquor on the premises lidenaed for ou-sale lion -intoxicating liquor. SECTION 43.11 -- RESTRICTIONS ON PURCHASE AND CONSUMPTION Subd. 1. -- No person shall permit any minor as defined by Minnesota Statute to loiter in the room where non -intoxicating malt liquor is being sold or served, unless accompanied by his parent or legal guardian. Subd. 2. -- It shall be unlawful for any such minor to enter any premises licensed for the sale of non -intoxicating malt liquor for the purpose of purchasing, of having served or delivered to such minor any such non -intoxi- cating malt liquor upon the licensed premises, or for such minor to purchase, attempt to purchase, or have another purchase for such minor any such non -intoxi- cating malt liquor. Subd. 3. -- No person shall misrepresent or mis-state his or her age, or the age of any other person, for the purpose of inducing any licensee or employee of such licensee to sell, serve or deliver any non -intoxicating malt liquor to a minor as defined by Minnesota statute for this purpose. SECTION 43.12 -- NOTICE OF TRANSFER OF STOCK Subd. 1. -- No corporation to which a license has been granted here- under shall transfer any stock in such corporation without the consent of the Village Council. It is hereby made the duty of the officers of any corporation holding a license issued under the authority of this chapter to notify the Village Council of any proposed sale or transfer of any stock in such corpora- tion, and no such sale or transfer of stock shall be effective without the con- sent of the Council. The transfer of any stock without the knowledge and consent -7- of the Village Council shall be deemed sufficient cause for revocation by the Council of any license granted to such corporation under the authority of this Chapter or any other licensing ordinance of the Village under which such corpora- tion has received anyrlicenae from the Village. Such-corporation.officers shall also notify the Village Council whenever any change is made in the of>!icers of any such corporation, and the failure to so notify the Council shall likewise be sufficient cause for revocation of any liaenbe ieaued to such corporation. SECTION 43.13 =- REVOCATION Subd: l: -- The violation of 8ny ptiovieion or condition of.this Chapter by a beer licensee or his agent shall be ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's Special tax stamp vithont A license to bail intoxicating liquors at such place obeli be revoked Without notice and without hearing. In all other cases, a License granted under this Chapter may ‘e revbhad Or enepended by the Council after tttten notice to the licensee and a nearing; The notice Shall give at least eight (8) days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing. SECTION 43.14 -- LICENSE PERIOD Subd. 1. -- Licensee herein provided for shall run for a period of one year from January 1st, the first license year to commence January 1, 1973, and if for a shorter period than one year, the license fee shall be pro rated on a monthly basis. SECTION 43.15 -- TEMPORARY ON -SALE LICENSE Subd. 1. -- A temporary on -sale license may be issued upon application to the Council to any charitable or non-profit organisation for a fee prescribed -8- • • • by the Council on a one day basis and not to exceed two consecutive days. The Council shall prescribe such conditions to the permit as it deems advisable and necessary under the circumstances. SECTION 43.16 -- NONDISCRIMINATION Subd. 1. -- The Village hereby declares it unfair and in violation of this ordinance for any person as defined herein to discriminate against any individual in connection with the hiring, the admission of customers or in any other way related to conduct of his business on the basis of race, creed, color, national origin or ancestry of such person. SECTION 43.17 -- PENALTY Subd. 1. -- Any person, individual, firm, partnership, association or corporation who violates any provision of this ordinance shall upon conviction be punished by a fine not exceeding $300 and/or imprisonment not exceeding 90 days.. SECTION 43.18 -- VALIDITY Subd. 1. -- Sections, sub -sections, clauses, provisions and portions of this ordinance are deemed to be severable and should any section, sub -section, clause, provision or portion of this ordinance be declared by Court of competent jurisdication to be unconstitutional or invalid the same shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 43.19 -- EFFECTIVE DATE This ordinance shall be in full force and effect from and after publication. VILLAGE COUNCIL ATTEST: VILLAGE OF EAGAN By: Clerk Mayor Original Ordinance adopted on the day of December, 1972. Published in the Dakota County Tribune on December , 1972. -9-- VILLAGE OF EAGAN DAKOTA COUNTY, NINNESOTA ORDINANCE NO. 44 TAVERN ORDINANCE AN ORDINANCE REGULATING TAVERNS IN THE VILLAGE OF EAGAN, DAKOTA COUNTY, I.INNESOTA. THE COUNCIL OF THE VILLAGE OF EAGAN ORDAINS: SECTION 44.01 -- LICENSE REQUIRED Subd. 1. -- It shall be unlawful for any person, firm or corporation to keep or operate a tavern within the limits of the Village without first having obtained a license so to do as hereinafter provided. SECTION 44.02 -- TERM Subd. 1. -- ".Tavern" licenses shall permit a person having an "on -sale" license to sell non -intoxicating malt liquor in a duly licensed restaurant, hotel or club where dancing is permitted under license from the Village Council, in the dining room thereof, and as an incident thereto. If ordered by the Village Council, the person operating under a "tavern" license shall employ a peace officer to be on duty at licensee's place of business from 9:00 o'clock P.E4 to closing time. Ito "tavern" license shall be issued to any person who does not have an "on -sale" license. Subd. 2. -- Unless operating under a "Tavern" license, no such malt liquor shall be sold in any place open to public patronage in which dancing, wherein the public may participate, is carried on, and unless operating under a "Tavern" license, no dancing shall be permitted in any place wherein malt liquor is sold, served or consumed. SECTION 44.03 -- APPLICATION PROCEDURE Subd. 1. -- Any person desiring a license to operate a tavern shall male his application in writing to the Village Council by filing said applica- tion with the Village Clerk. The following information shall be set forth in the application: (1) The name and place of residence of the applicant. (2) The exact location of the premises upon which the applicant proposes to operate a tavern. Whether the applicant has ever been engaged in a similar business and, if so, the location thereof and the date when so engaged. (4) Whether the applicant proposed to afford the privilege of dancing to his guests or whether vaudeville entertainment will be afforded or whether both will be provided. In case the applicant propose° to afford the public the privilege of dancing, the application shall set forth the amount of floor space available at which the applicant pro- poses to maintain for dancing purposes. (3) SECTION.44.04 -- LICENSE FEE Subd. 1. -- The applicant shall deposit with the Village Clerk at the time of the filing of his application, the sum of $100.00 which sum is hereby set as a license fee to operate a tavern, and the Village Clerk shall thereupon deliver to such applicant duplicate receipts therefor containing a statement of the purpose for which such deposit was made and one of said receipts shall be attached to and filed with said application. SECTION 44.05 -- INSPECTION OF PREMISES Subd. 1. -- The Council shall direct such investigation of said application as it may deem necessary, and the applicant shall permit the repre- sentatives of any Village Department to inspect and examine the place of busi- ness described in the application together with all the appliances and instru- ments used or to be used in the transaction of the business for which a license is sought, and upon receipt of such report, the Council shall thereafter con- sider the application and grant or deny the same. SECTION 44.06 -- PERIOD OF LICENSE Subd. 1.. -- Licenses herein provided for shall run until the following -2- • January 1. SECTION 44.07 -- PENALTY Subd. 1. -- Any person, individual, firm, partnership, association or corporation who violates any provision of this ordinance shall upon convic- tion be punished by a fine not exceeding $300 and/or imprisonment not exceeding 90 days. SECTION 44.03 -- VALIDITY Subd. 1. -- Sections, sub -sections, clauses, provisions and portions of this ordinance are deemed to be severable and should any section, sub- section, clause, provision or portion of this ordinance be declared by Court or competent jurisdiction to be unconstitutional or invalid the same shall not :. affect the validity of this o:::3:.nance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. S.CTICN 44.04 -- EFFECTIVE DATE This ordinance shall be in full force and effect from and after publication. COUNCIL ATTEST: VILLAGE OF EAGAN Clerk Mayor Original Ordinance adopted on the day of December, 1972. Published in the Dakota County Tribune on December , 1972. -3- De The plot plan for every building, except single and double family dwellings and those buildings used primarily for agricultural purposes, shall show site grading and drainage information and existing and proposed grade elevations referenced to mean sea level datum: E. It shall bear the name, address and telephone number of the owner and builder and the address, if different, of the property being built upon. SECTION 3.04. -- GENERAL PROVISIONS Subdivision 1. -- OTHER ORDINANCES. Nothing herein contained shall be deemed to nullify, alter or change any other applicable ordinance of this"Town with respect to.buildings and structures. Subdivision 2. -- TOWN BUILDING INSPECTOR. In the event that this Town shall at any time hereafter appoint a building inspector, such inspector shall be authorized to issue building permits in accordance herewith. Such inspector shall also be empowered to enter in and upon any structure or building within the Town of Eagan for which application hereunder has been made for the purpose of inspecting same. Subdivision 3. -- HARDSHIP AND VARIANCE. In the event any real hard- ship arises hereunder with respect to any application for building permit, the owner or builder, as the case may be, may apply to the Board of Super- visors for appropriate relief. Subdivision 4. -- PLANS AND SPECIFICATIONS. All plans and specifica- tions for the construction, alteration or enlargement of any structure or building in this Town the cost of which exceeds $30,000 shall be prepared by a registered architect or engineer, provided that this shall not apply to any single or double family dwelling or to any structure used primarily. for agricultural purposes. Plans and specifications shall include complete structural, electrical, plumbing and heating layouts and information. Subdivision 5. -- PERMIT LIMITATION. Each building permit issued hereunder shall be valid for a period of not more than six (6) months -3- • • VIL_LA_+E OF EAGAN DAKCV. COUNTY, MINNT+SOTA ORDINANCE NO. 46 . TREES AN O?J)IN':NCE REGULATING THE PLANTING AND MAINTENANCE OF TREES IN THE VILLAGE OF EAG_ N, ME VILLAGE COUNCIL OF THE VILLAGE OF EAGAN ORDAINS: S.tl TIOIJ 46:. J!. - PURPOSE An ordinance regulating, protecting and promoting the public health, colYt,+ end general welfare of the people of the Village of Eagan by regulating the planting and maintenance of trees in order to protect trees aad to prevent and abate hazardous and nuisance conditions within the Village, secn{)N "a. f,'.'i n -• GENERAL REGULATIONS All subdivisions shall be planned, designed, constructs and ma._i.itwured so that: A. Existing healthy trees and native vegetation on the site are preserved to the maximum extent feasible and are protected by adequate means during construction. If an adequate sized tree need be removed because of building location, a recoamieaded variety specie should be replanted en the premises. B. Existing native vegetation not to be disturbed, injured or removed prior to site development. C. Following construction, vegetation suitable to the site is pleated, The type or species of tree planted shall be approved along with a landscape plea. Trees ahall have a trunk diameter (measured 12 inches above ground level) of not less than 1 - 3/4 inches and shall be planted in good growing soil along with recent. - mended fertilizer. No tree shall be planted within a road right- 1 D. Existing trees are preserved within any right-of-wayWhen such trees are suitably located, healthy, and when approved grading allows. E. No dead trees; or uprooted stumps remain after development, F. No tree shall be used for signs, permanent lighting or television antennas. G. Applicant shall submit agreetaent and performance bond or cash escrow agreement in such reasonable amount as determined by the Village Council to assure improvements completion according to plan. The Village Council shall retain the right of occupancy.' SECTION 46.03 - - COMMERCIAL, INDUSTRIAL AND RESIDENTIAL SUBDIVISION PLANTING PLANS._ Subdivision 1. - - REQUIRED INFORMATION. An adequate subdivision planting plan at the same scale as the proposed preliminary plat shall be sub- mitted by each developer at the time of submitting a preliminary plat pur.suert to Ordinance 10 and shall include the following: A. The specific name, size and location of every proposed and every existing, preservable tree. B. The distance in feet between trees in any one row. C. The nature Of existing sail in the planting space to s depth of three feet. Subdivision 2. - - CONDITIONS FOR TREE PLANTING. A. Only trees listed as approved in this ordinance or as approved by the Council from tine to tr.ie shall be planted and in any one subdivision block not lees than two nor more than three species shall be planted.. B. Requited aubdivision'trees must have a trunk diameter of at least one and three quarter inches (1 - 3/4") one foot above ground level. C. No subdivision tree shall be planted in soil too poor to insure growth of such tree unlees twenty-seven cubic feet (3' x 31 x 31) of soil he removed and replaced with suitable loam, -2- SECTION 46.04 - - PERMITTED TREES FOR THE VILLAGE OF EAGAN. TTbe following trees may be planted in the Village of Eagan: Norway Maple (Acer platanoides) Cleveland Norway Maple (Acer platanoides 'Cleveland') Emerald Queen Norway Maple (Ater platanoides 'Emerald Queen') Schwedler Norway Maple (Acer platanoides 'Summer Shade') Red Maple (Acer rubrum) Sugar Maple. (Acer saccharum) Ohio Buc!ce9e. (Aesculus glabra) Hackberry (Celtis occidentalis) White Ash (Fraxinus americana) Autumn Purple White Ash (Fraxinus americana 'Autumn Purple') Green Ash (Fraxinus pensylvanica) Marshall Seedless Green Aah (Fraxinus pensylvanica 'Marshall Seedless') Summit Green Ash (Fraxinus pensylvanica 'Summit') Ginkgo (Ginkgo biloba - male only) Imperial Honeylocust (Gleditsia triacanthus 'Imperial') Skyline Honeylocust (Gleditsia triacanthue 'Skyline') Kentucky Coffeetree (Gymnoniedus dioicus) Flame Flowering Crabapple (talus 'Flame') Radiant Flowering Crabapple (talus 'Radiant') Vanguard Flowering Crabapple (Mains 'Vanguard') Ironwood (Ostrya virginiana) Amur Corktree (Phillodendron amurense) . Swamp White Oak (Quercus bicolor) • Pin Oak (Quercus palustris) Sovereign Pin Oak Quuercus palustris 'Sovereign') White Oak Japanese Tree Lilac (Syringe amurensis japonica) American Linden (Tilia americana) Littleleaf Linden (Tilia cordate) Greenspire Linden (Tilia cordate 'Greenspire') Redmond Linden (Tilia x euchlora 'Redmond') All Evergreen species SECTION 46e05 NON -PERMITTED TREES FOR TEE VILLAGE OF RAGAN. It is unlawful to plant any of the following trees within the Village of Eagan: tilmue Ginkgo Quercus All species biloba Red species Acer negundo Populus deltoides Populus r;!gra italics All Elms Ginkgo (Maiden Hair Tree - female only) All Rod or Black Oaks (sharp, pointed leaf) Bcxelder (Ash -leaved Maple) Eastern Cotton -wood Lombardy Poplar 3 - SECTION 46.06 « « PENALTY, Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Three Eundred Dollars ($300.00) or by imprisonment not to exceed ninety (90) days, or both. SECTION 46.07 - - INVALIDITY. The invalidity of any part of this Ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof, SECTION 46.00 - - CONFLICTING ORDINANCES REPEALED. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 46.03 .. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption and publication 411_ according to law. VILLAGE COUNCIL ATTEST: VILLAGE OF EAGAN /s/ Herbert Polzin Alyce Bolke, Village Clerk Herbert Polzin, Mayor • Original Ordinance Adopted on 4tf+irt 71 , 1973. Published in the Dakota County Tribune on mew* 10 , 1973. 4 11-10-75 CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 46 - TREES THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, )INNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 46 AS FOLLOWS: SECTION 46.03 — COMMERCIAL, INDUSTRIAL AND RESIDENTIAL SUBDIVISION PLANTING PLANS Subdivision 3. -- REPLANTING TREES AND VEGETATION. A. In the event the replanting of trees and vegetation cannot be accomp- lished within a reasonable time prior to completion of development in a subdivision, a mulch or other suitable ground cover shall be placed over the undeveloped area so as to prevent soil erosion. 410 ATTEST: CITY OF EAGAN CITY COUNCIL • s/ Alyce Bolke Date Adopted: By: s/ Herbert Polzin City Clerk Mayor Date Published in the Dakota County Tribune: 11-10-75 CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE N0. 46 - TREES THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE N0, 46 AS FOLLOWS: SECTION 46.03 -- COMMERCIAL, INDUSTRIAL AND RESIDENTIAL SUBDIVISION PLANTING PLANS Subdivision 3. -- REPLANTING TREES AND VEGETATION. A. In the event the replanting of trees and vegetation cannot be accomp- lished within a reasonable time prior to completion of development in a subdivision, a mulch or other suitable ground cover shall be placed over the undeveloped area so as to prevent soil erosion. le ATTEST: CITY OF EAGAN CITY COUNCIL s/ Alyce Bolke By: s/ Herbert Polzin City Clerk Mayor Date Adopted: Date Published in the Dakota County Tribune: VILLAGE OF EAGAN DAKOTA COUNTY; MINNESOTA ORDINANCE k0, 47 - SAUNAS AN ORDINANCE REGULATING THE OPERATION AND LICENSING OF SAUNAS TN THE VILLAGE OF EAGAN. THE VILLAGE COUNCIL OF THE VILLAGE OF EAGAN DOES ORDAIN: SECTION 47.01. - - PURPOSE. An ordinance regulating; protecting and promoting the public health, safety and general welfare of the people of the Village of Eagan by regulating the operation and licensing of saunas in the Village. SECTION 47.02 - - DEFINITIONSL . Subdivision 1. As used in this Ordinance the terms defined in this . subdivision shall have the following meanings ascribed to them. Subdivision 2. "Sauna" means and includes a steam bath or heating bs-z room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent. Subdivision 3. The terms "massage", "masseur" and "masseuse" are defined in the same manner as in the Minnesota Statutes 3148.33 through S148.33. SECTION 47.03. - -'LICENSE REQUIRED. No person, partnership, or corporation, shall engage in a business, a principal part of which is a sauna, without being licensed as provided in this Ordinance. SECTION 47.04, - - LICENSE APPLICATION. The application shall'contain a description and location of the premises to be licensed, the names and addresses of the property owner, business owner, lessee and manager or operator, and if a corporation, all the names and addresses of the officers of such corporation. The application shall include whether any of the aforementioned individuals have ever been arrested or convicted of any _77 • • crime or offense, and if so, should include a description of the offense as to time, place, date, and disposition. SECTION 47.05. - - LICENSE FEE AND LICENSE YEAR. Subdivision 1. The annual license fee is $2,500.00: A separate license shall be obtained for each place of business. The licensee shall display the license on a prominent place on the licensed premises at all times. A license, unless revoked, is for the calendar year, or a part thereof, for which it has been issued. Subdivision 2. An investigation fee of $50.00 shall be paid at the time of submission of the sauna application for each person who has a beneficial interest in the sauna whether as owner,' owner's spouse, lessee, manager -or operator. Such fee shall be submitted and investigation take place by the Village for each such person included in the original sauna application and for each such person who acquires such an interest after the sauna license has be . granted. SECTION 47.06. - - GRANTING OR DENIAL OF LICENSES. License applications shall be reviewed by the Police Department, Village Council, Building Inspector and other such departments as shall be deemed necessary. Thereafter, licenses shall be granted or denied. by the Village Council. SECTION 47.07. - - RESTRICTIONS AND REGULATIONS. Subdivision 1. Licenses may be granted only in the appropriate zone to be determined by the Village Council and the laws and ordinances of the Village of Eagan. Subdivision 2. Licensee shall be granted only to establishments which can meet the safety and sanitary requirements of the Village Council and of the building code regulations of the Village of Eagan. 2 • • • Subdivision 3. It shall be grounds for denial to the license applicant if there is any fraud or deception involved in the licetiae application. Subdivision 4, it shall be grounds for denial bf the application if the applicant or persons in his employ are not complying with or have a history of violations of the laws and ordinances that apply to health, safety or moral turpitude. Subdivision 5. A license shall not be granted to a person of bad repute or to a partnership or corporation who has in its employ or is owned by any persons of bad repute. Subdivision 6. Such establishments shall provide adequate refuse receptacles which shall be emptied as required'. 'Subdivision 7. It shall be grounds for rescinding a license granted to • any person, partnership or corporation under this Ordinance if they fail to comply with any of the ordinances of the Village of Eagan or statutes of the State of Minnesota. Subdivision 8. It shall be grounds for rescinding a license granted to any person, partnership or corporation under this Ordinance if the owner, manager, lessee, or any of the employees are found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises, possession of which is illegal as defined by Minnesota Statutes. Subdivision 9. It shall be grounds for the rescinding of a license if the owner, manager, lessee or any of the employees are convicted of any ordinance or State statute violation arising within the business establishment to which the license was granted under this Ordinance. Subdivision 10. It shall be grounds for rescinding any license granted under this Ordinance if the premises do not comply with the health, safety and building regulations of the Village of Eagan. • • • SECTION 47.08. •• - CONSTRUCTION AND MAINTENANCE REQUIREMENTS. Subdivision 1. All sauna toome and reatrooma and bathrooms used in connection therewith shall be constructed of materials which ate impervious to moisture, bacteria, mold, and fungus growth. The floor to well and wall to Wall joints shall be constructed to provide a sanitary cove with a minimum radius of one inch. There shall be.no doors on sauna massage rooms. Subdivision 2. All'restrooms used in connection with saunas shall be provided with mechanical ventilation with 2cfm per square foot of floor area, a minim„m of 30 foot candles of illumination, a band washing sink equipped with` hot end cold running water under pressure, sanitary' towels and a soap dispenser. Subdivision 3. Each sauna shall have a janitor's closet which shall be provided for the storage of cleaning supplies. Such closet shall have mechanical ventilation with 9cfm per square foot of floor area and a minimum of 30 foot candles of illumination. Such closet shall include' a mop sink. Subdivision 4. Floors, walls, and equipment in sauna rooms, in restrooms, and in bathrooms used in connection therewith must be kept in.a state of good repair and. clean at all times. Linens and other materials shell be stored at least•12 inches off the floor. Clean towels and wash cloths must be made avail- able to each customer. Subdivision 5. Individual lockers shall be made available for use by patrons. Such lockers shall' have separate keys for locking. SECTION 47.09. - - MASSUERS AND MASSEUSES EMPLOYED IN TEE BUSINESS. Subdivision 1. No such'business shall employ or use any person as a masseur or a masseuse, as defined by )SA 148.33, unless such person is registered with the Minnesota State Board of Medical Examiners as provided by MSA 148.33 through 148.511. Such statutory sections are hereby incorporated by reference as a part of this Ordinance. 4 • from and after the date of issuance plus a reasonable and continuous period of actual construction, Construction for which any permit is issued must be commenced within said six-month period; otherwise such permit shall be deemed cancelled and void. SECTION 3.05. -- PERMIT FEES Subdivision 1. -- PAYMENT. All permit fees required hereunder shall be paid in cash or by certified or bank check made payable to the Town of Eagan Treasurer at the time application for permit is made. Subdivision 2. -- SCHEDULE OF FEES. The base building permit fee regardless of cost of construction shall be a minimum of five dollars ($5.00); and in addition thereto each applicant shall pay the sum of one dollar ($1.00) for each one thousand dollars ($1,000.00) of actual cost of construction or actual value, whichever shall be the greater. Subdivision 3. -- ADMINISTRATIVE AND ENGINEERING COSTS. In addi- tion to the foregoing permit fees, every applicant for permit to con- struct or alter any commercial or industrial structure shall pay the reasonable administrative and engineering costs incurred for preparation, review and inspection of plans and specifications therefore or other costs necessarily incurred in connection with any such structure. SECTION 3.06. -- PENALTY Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not to exceed one hundred dollars ($100.00) or imprisonment in the county jail for not more than SO days, or both, for each offense. Each day of violation shall constitute a separate offense. SECTION 3.07. -- VALIDITY AND EFFECTIVE DATE Subdivision 1. -- VALIDITY. The invalidity of any part of this Subdivision 2. Any person acting as a masseuer or a masseuse in any such business shall have his registration certificate or a true copy thereof dis- played in a prominent place on the licensed premises. Subdivision 3. Whenever a massage is given it shall be required by the masseur or masseuse that the person who is receiving the massage shall have the lower abdomen covered with an appropriate non -transparent covering. Subdivision 4. Any masseuer performing any messages shall at all times have the lower part of the body covered with.a non -transparent material. $ubdivision .5. Any masseueses performing massages shall at all times have the upper and lower part of the body covered with a non -transparent mater- ial. Subdivision 6. All saunas will be open to the general public but, only a registered masseuer will be allowed to massage male customers and a register- ed female masseuse will be allowed to massage female customers. SECTION 47.10. --RESTRICTIONS INVOLVIM MINORS. NO person under the age of 18 years shall be permitted at any time on the . licensed premises as a customer, guest or employee unless accompanied by his or her parent or guardian in any premises when massages are being given. SECTION 47.11. - - INSPECTION. Any duly authorized law enforcement offioer, Health Officer or Building t Inspector shall be allowed to inspect the licensed premises at reasonable times and hours to insure compliance with all provisions of this Ordinance. SECTION 47.12. - IDENTIFICATION,OF EMPLOYEES. Upon demand -by any Police Officer, any person engaged in providing services in any. licensed premises shall identify himself giving his true legal name and his correct address. SECTION 47.13. - - REGISTRATION OF MASSEURS MD MASSAUSES. Subdivision 1. Before any person engages in providing services as a masseur or a masseuse in any licensed establishment, he shall file an application -5- • with the Village Clerk for a license to provide services by paying a license and investigation fee of $50.00 and by completing an application form prepared by the Clerk. Such application Shall inelude a photocopy of the person's state registration certificate and photographs of the a¢plibant. Shell application shall be processed is the said manner ai provided in Section 47.06. Subdivision 2. When any such person ceases to tie employed by a sauna licensee, the Police Department shall be notified so that theDepartment has on file at all times a currant list of the persons operating as masseurs. or masseuses on the licensed premises. Subdivision 3. No sauna for which a license has been granted by the Village shall be open for business unless and until any masseurs or masseuses employed in the business have first complied with the registration requiremetrt of this Ordinance. Subdivision 4. The license issued by the Village of Eagan for providing services as a masseur or masseuse unless revoked, is for the calendar year or part thereof for which it has been issued. A renewal application shall be made in the same manner as provided for the original application with the exclusion of fingerprints and photographs. The annual license fee shall be $50.00. SECTION 47.14. - - VIOLATIONS. Every person who commits or attempts to commit, conspires to commit, Or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more other persona or as a principal agent or accessory, shall be guilty of such offense, and every person who falsely, fradulently, forcibly or willfully induces, causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of such offense. to • • SECTION 47,,15. - • f URB,.: No customers or patrdhe shall be allowed to enter the licensed premises after 12:00 A.M. and before 8:00 A.M. d611y: No customers Or patrons shall be allowed to remain upon the licensed premises after 1:00 A.ML and before 8:00 A.M; daily. SECTION 47.16. - • INVALIDITY, The invalidity of any part of this Ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 47.17. • • CONFLICTING ORDINANCES REPEALED. All ordinances and parts of ordinances in conflict herewith are hereby . repealed. SECTION 47.18. • • EFFECTIVE DATE. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: VILLAGE COUNCIL VILLAGE OF EAGAN. Alyce Bolke, Village Clerk Herber« a. Poiaia, yor ' Original Ordinance aavpted on 1973. Published in the Dakota County Tribune on 7 VILLAGE OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO, 48 JUSTICE OF THE PEACE AND CONSTABLES - ABOLITION OF OFFICES AN ORDINANCE ABOLISHING ONE OFFICE OF JUSTICE OF THE PEACE AND TWO CONSTABLES AND APPOINTMENT OF PROCESS OFFICERS FOR THE VILLAGE OF EAGAN, DAKOTA COUNTY, M I1NNESOTA. THE COUNCIL OF THE VILLAGE OF EAGAN ORDAINS: 3RCTION 461.,01 -- ABOLITION OF JUSTICE OF THE PEACE AND CONSTABLES Purscsnt to Minnesota Statues Annotated, Section 412.02 and other applicable lawn of the State of Minnesota, the offices of one Justice of the Peace and two Constablaa of the Village of Eagan are hereby abolished. SECTION 44.02 - DL'SIGNATION OF PROCESS OFFICERS • Pursuant to Minnesota Statutes Annotated, Section 412.101, nll full time members of the Eagan Police Department are hereby designated as Process Officers. SECTION 48.03 - INVALIDITY The declaration by a court of competent jurisdiction of the invalidity of any portion of this Ordinance shall not affect the validity of the remainder of this Ordinance. SECTION 48.04 - EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. Attest: VILLAGE COUNCIL VILLAGE OF EAGAN 9% Alyce Sci.k;e By:a/ Herbert Polzin Village clerk Mayor Original Ordinance Adopted on October 9, 1973 Published in the Dakota County Tribune on October 18 1973 CITY OF EAGAN ORDINANCE MO. 49 CONDUCTS IN PARKS AN ORDINANCE REGULATING CCNDUCT IN PUBLIC PARKS, PROHIBITING CERTAIN ACTIVITIES AND DESTRUCTION OF OR INTERFERENCE WITH PARK PROPERTY AND. PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EAGAN.ORDAINS: SECTION 49.01 - PURPOSE Ibis ordinance is enacted pursuant to Minnesota Statutes Annotated, Section 471.62 as amended and other applicable laws of the State of Minnesota. The pur- pose of this ordinance is to provide uniform rules of conduct for city parks in the City of Eagan. SECTION 49.02 - GENERAL RULES OF CONDUCT, No person in a. city park shall: Subd. 1 - Use of Park Property. A. Deface, destroy, tamper with, injure, or remove any park property including but not limited to furniture, structures, vegetation, signs or soils. B. Scatter or litter the grounds or any lake, pond, or water course within or draining into a park with any form of trash but shall place such material in the proper receptacles where these are provided; where receptacles are not provided, all such trash shall be carried away from the park by the person responsible for its presence.. C. Start a fire in a park, except a small fire for cooking purposes in a designated area or fail to fully extinguish such a fire. D. E. F. Use any land or body of water in the park for a starting or landing operation for aircraft, balloons or parachutes. Sell or offer for sale any article. Refreshments or other articles may be sold by the city or by persons authorized to do so by written permit issued by the city council or its designated representative. Play games which interfere with general use of the rinks, sledding or toboggoning areas or use hockey sticks or pucks in areas not designated for hockey play or lounge or loaf on the ice or in waiting rooms. G. Paste, affix or inscribe any handbill, poster or sign any- where on park property or distribute handbills, circulars or announcements of any kind for a commercial purpose. Subd. 2 - Regulation of Hours and Conduot. A. Swim or wade except in posted areas and without proper attire. B. Remain within a park between 11:00 p.m. and 5:00 a.m. without a written permit from the City Council or its designated re- presentative. No privately owned vehicle shall remain in a park during these same hours without a written permit. Any vehicle remaining in the park after 11:00 p.m. shall be towed at the owners expense. -2- • C. Participate in any scheduled group activity without written permission. Any group wishing exclusive use of any park facility for a particular purpose shall first obtain a permit from the City Council or its designated representative. The Council may adopt an application form to'be used for this purpose which may oontain a requirement for an indemnity bond to protect the City from any liability or property damage., D. Be under the influence of an.intoxLcating liquor or controlled substance. E. P. Disobey any reasonable lawful order or direction of any park. employee, police officer or other person designated by the City Council to give such orders or directions. Appear nude, commit any nuisance or any offense against decency or public morals, harassany park visitor or behave in a reckless Manner which would endanger any park visitor or park visitor's property. Subd. 3 - Animals in the Park. A. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wildlife,except that fishing is permitted. B. Bring any dog, cat or other pet unless paged, kept on a leash not more than six feet in length or .under the control or its owner. C. Ride, lead or permit a horse in a park except in designated riding areas. D. Release within a park any insect, fish, animal or other wild- life or introduce within a park any plant, chemical or other agent potentially harmful to the vegetation, water supply or wildlife of the par$. Subd. 4 - Weapons and Fireworks Prohibited, A. Possess, carry, fire or discharge any weapon within or into any park from beyond park boundaries except that authorized bows and arrows may be permitted in designated archery areas. B. Discharge any fireworks without a permit from the City Council or its designated representative. Subd. 5 - Equipment Prohibited. A. Operate a motor boat or other self-propelled water craft. Non -motorized watercraft are permitted. B. Drive or park'any vehicle except an emergency vehicle on any turf or other area not designated for parking or travel; wash grease, dismantle, repair or change the oil of a vehicle any- where in the park. to- C. Operate a motorized recreational vehicle except on marked trails and at times designated by the City Council upon recommendation of the park committee. SECTION 49.03 - RULES AND REGULATIONS. The City Council or the Eagan Park Committee shall have the right to issue additional administrative rules and regulations relative to but not conflicting with this ordinance. No person shall violate such rules or regulations that may be established by the Council or Park Committee. SECTION 49.04 - CITY EMPLOYEES Nothing in this ordinance shall prevent City employees including police officers from performing their assigned duties. SECTION 49.05 - DISCRIDONATION IN PARKS No person involved in any Park event or in any use of the parks including, but not limited to sponsors of teams, shall commit an unfair discriminatory prac- tice or deny another person access to, admission to, utilifation'of, op benefit from any such event because of race, sex, color, creed, religion or national origin. The provisions of the above paragraph shall not apply to a religious organ- ization with respect to qualification based on religion when religion is a bona fide qualification for membership. SECTION 49.06 - PENALTY. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $300.00 or by imprisionment not to exceed 90 days, or both. SECTION 49.07 - INVALIDITY. The invalidity of any part of this ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 49.08 - CONFLICTING ORDINANCES REPEALED. All ordinances and parts of ordinances in conflict repealed. herewith are hereby SECTION 49,09 - EFFECTIVE DATE This ordinance shall take effect upon its adoption and publication according ATTEST: City Clerk CITY COUNCIL CITY OF EAGAN By: Mayor Original Ordinance Adopted: January 22, 1974 Date of Publication in the Dakota County Tribune: January 31, 1974 CITY OF EAGAN ORDINANCE NO. 50 RECREATIONAL VEHICLES AN ORDINANCE REGULATING CERTAIN. MOTORIZED RECREATIONAL LAND VEHICLES AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EAGAN ORDAINS: SECTION 50.01 - PURPOSE AND INTENT. This ordinance is enacted pursuant to Minnesota Statutes Annotated, Section 471.62 as amended and other applicable laws of the State of Minnesota. The pur- pose of this ordinance is to provide reasonable regulations for the use of recreational motor vehicles other than snowmobiles on public and private property in the City of Eagan. It is intended to protect life, property and to prevent public nuisances. No section hereafter shall be construed to minimize regula- tions set forth in Minnesota Statutes Annotated Chapter 168 (Motor Vehicle Registration) 169 (Motor Vehicle Operation) and 171 (Driver's License Regulations), SECTION 50.02 - DEFINITION. Recreational Motor Vehicle. Any motor vehicle designed for, used, or capable of use on land for sport, amusement or recreation, other than motor homes, pick-up campers or the like, whether or not eligible to be licensed for use upon streets and highways, including but not limited to motorbikes, motor scooters trail bikes, mini bikes, motorcycles, all terrain vehicles, dune buggies, go-carts hove -craft, but excluding motor vehicles designed for commercial, industrial cr agricultural use. SECTION 50.03 - OPERATION OF A RECREATIONAL MOTOR VEHICLE. Subd. 1 - Unlawful Operation. Operation of recreational motor vehicles within the City of Eagan shall be unlawful under the following conditions: A. On publicly owned lands, including but notlimited to parks, whether leased or owned, schools, playgrounds and recreation areas except those areas that may be specifically designated by the City Council. Parking, however, may be permitted in parking areas designated by the City Council. B. On private property without the prior written permission of the owner or tenant having control of such property. C. Within 150 feet of a residence or area being used for recreational purposes or within 150 to 300 feet of a residence at speeds in excess of 10 m.p.h. except when traveling on public streets or adjoining residential lands. D. In a careless, reckless or negligent manner so as to endanger or be likely to endanger any person or property or to cause damage or injury thereto. E. While performing stunts, drills, acrobatics, racing or playing games of any sort without the prior approval of the City Chief of Police. F. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. • G. While under the influence of an intoxicating liquor or controlled substance. H. To intentionally drive, chase, run over or kill any animal, wild or domestic. I. On O public sidewalk, walkway, boulevard easement or other areas provided or used for pedestrian traffic. J. Oe public atr.r"^ ,w to Cross them un1689 the operator had a valid driver's license with a nw-..nanied •.ehicle endorsement.. Subd. 2 - Additional Pules and Regulations. A. No person may wash, greaaa or repair a motorized vehicle upon any public property, street or highway except when such repairs are necessary because of an emergency. $ECTION5004.- PENALTY. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $300.00 or by imprisonment not to exceed 90 days, nr both. SECTION 50,05 - INVALIDITY. The invalidity of any part of this ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder there^::. SECTION 50.05 - CONFLICTING ORDINANCES REPEALED. All ordinances and part of ordinances in conflict herewith are hereby repealed. SECTION 50.07 - EFFECTIVE DATE. This ordinance shall take effect upon its aduption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN gy. It's Clerk It s Mayor Original Ordinance Adopted: April 2, 1974 Date of Publication in the Dakota County Tribune: -2- • CLTY OF EAGAN 0_RDINANCE NJ. 51 ELECTICits ORDINANCE AN ORDINANCE REGULATING ELECTIONS HELD IN THE CITY OF EAGAN, REPEALING ORDINANCE N0. 45. TEE CITY COUNCIL OF TIDE CITY OF EAGAN ORDAINS AS FOLLOWS; SECTION 51.01 - PURPOSE AND INTENT. It is the intent of this ordinance to effectuate biennial elections as established by Laws 1973, Chapter 123. The intent herein shall be effected without shortening terms of incumbents or lengthening terms by more than one year. This ordinance provides a uniform time for holding elections and taking office. SECTION 51.02 - ELECTION TERMS The following officers shall shown in the following table; Year Officer Elected Mayor 1973 Councilman 1973 Councilman 1972 Councilman 1972 Councilman 1972 One Justice of the Peace 1973 1975 SECTION 51.03 - SUBSEQUENT ELECTIONS From the date of next subsequent elections hereinabove specified, officers shall be elected at regular intervals for the terms hereinabove set forth. SECTION 51.04 - EFFECTIVE DATES OF 121013 New terms shall begin and each old term shall expire on the first business day of January in the year follwing the election of the officer. SECTION 51.05 - ELECTION DATE Elections shall be held on the first Tuesday after the first Monday of November in each odd numbered year beginning with 1975. SECTION 51.06 - REPEALER Eagan ' Ordinance No. 45 is hereby repealed. SECTION 51.07 - REGISTRATION OF VOTERS' The system for regit+tration of voters provided by Minnesota Statutes 1971, be elected Subsequent Election years Subsequent Terms 1975 1975 1975 1975 for the terms and in the Next Subseq. Election 1977 1977 1979 1979 1977 2 years 4 years 4 yeas 4 yecro 4 years 1977 2 years ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. Subdivision 2. -- EFFECTIVE DATE. This amended ordinance shall become effective from and after the date of its publication according to law. Attest: BOARD OF SUPERVISORS TOUN OF EAG/.N (VL.+ c. < [ .. By Clerk Original Ordinance adopted April 11, 1555. Amended Ordinance Adopted '/'/c. .y Published in the Dakota County Tribune on Chairman - 5- - • Chapter 201 and by Laws 1973, Chapters 123 and 676, is herby adopted for registering voters in the City ci ;scar. Minnesota. SECTION 51.03 - INVALIDITY. The invalidity of any part of this ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 51.09- CONFLICTING ORDINANCES REPEALED. A11 ordinances and part of ordinances in conflict herewith ate hereby repealed. SECTION 51.10 - EMOTIVE DATE. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: IEts Cler CITY COUNCIL CITY OF E N BY: It s Mayor Orig'_nal Ordinance Adopted: �` _ /6, i9 ,y flat£ of Publication in the Dakota County Tribune: -2- �r /9751 • CITY OF EAGAN O i.INANCE .ND. 51 ELECT'`_CNS OBDINtd10E AN ORDINA!CE REGULATING ELECTIONS NNEID IN THE CITY OF EACAN, REPEALING ORDINANCE NO. 45. TEE CITY C')MNCIL OF THE CITY OF EAGAN ORDAINS AS FOLLOWS: ?CTION 51_01 - PURPOSE AND INTENT. It is the intent of this ordinance to effectuate biennial elections as esia 1.ished by Laws 1973, Chapter 123. The intent herein shall be effected without shortening terms of incumbents or lengthening terms by more than one year. This ordinance provides a uniform time for holding elections and taking office. SECTION 51.02 - ELEMON TERMS . The following officers shall shown in the fellc;ing table: Year Officer Elected Mayor 1973 Councilman 1973 Councilman 1972 Councilman 1972 Councilman 1972 One Justice of the Peace 1973 be elected for the terms and in the years S:bsequent Election 1975 1975 1975 1975 1975 Next Subaeq. Election 1977 1977 1979 1979 1977 1977 Subsequent Terms 4 years 4 years 4 years 4 years 2 years ZECTION 51.03 - SUBSEQUENT ELECTIONS From the date of next subsequent elections hereinabove specified, officers shall be elected at zeguler, intervals for the terms hereinabove set forth. S:CTION 51.04 - EFFECTIVE DATES OF TERMS • New terms shell begin aad each old term shall expire on the first business day of January in the year follwing the election of the officer. S':CTION 51.C5 - ELLCTION DATE Elcctiors shall be held on the first Tuesday after the first Monday of November is each odd numbered year beginning with 1975. RNT7.4N 51,O5. - REiEAIER Fagan' Ordinance No. 45 is hereby repealed. SZ.^.TWa 51.07 - REGISTRATION OF VOTERS The s?ater for rag; •:ration of voters provided by Minnesota Statutes 1971, • .hepter 201 atd b7 Lams 1973, Chapters 123 and 676, it hnaky adopted fur registering voters Y. the City of isgau, Minnesota. SECTION 51.E_3 - I'r tLID I Y. The invalidity of any part of this ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. :'ECTION 51.03- COIFLICTIhG ORDINANCES REPEALED. All ordinances and part of ordinances in conflict herewith are'hereby repealed. Si;CTION 51,10 - EFFECTIVE DATE. This ordinance shall take effect upon its adoption and publication according to tau. ATTEST: It's Clerk CITY COUNCIL CITY OF EAGAN Sys It's Mayor Original Ordinance Adopted: Date of Publication in the Dakota County Tribune: -2- ZOOO I cdG ORD I AhICE CITY OF EAGAN.. MINNESOTA • • -- TABLE OF CONTENTS -- SECTION 52.01 REPEAL SECTION 52.02 AMENDMENT SECTION 52.03 NAME SECTION 52.04 INTENT AND PURPOSE PAGE 1. 1 Subdivision 1 - Purpose 2 SECTION 52.05 RULES, REGULATIONS AND DEFINITIONS 3 Subdivision 1 - Rules of Language. Construction 3 Subdivision 2 - Definitions . 3 SECTION 52.06 GENERAL PROVISIONS 11 Subdivision 1 - Application of this Ordinance 11 Subdivision 2.- Separability 11 Subdivision 3 - Non -Conforming Uses and Structures 12 Subdivision 4 - Lot Provisions 13 Subdivision 5 - Accessory Buildings and Structures 13 Subdivision 6 - Required Yards and Open Space 14 Subdivision 7 - Traffic Visibility 15 Subdivision 8 - Public Utility Service 15 Subdivision 9 - Structures in Public Right -of -Way 15 Subdivision 10 - Land Reclamation and Mining 15 Subdivision 11 - Building Permit and Certificate of 16 Occupancy Subdivision 12 - Design and Maintenance of Off -Street Parking Areas • 16 Subdivision 13 - Required Off -Street Parking 16 Subdivision • 14 - Off -Street Loading Areas 18 Subdivision 15 - Landscaping 18 TABLE OF CONTENTS - CONT'D. Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision 16 - Public Address Systems 17 Open Sales Lot 18 Hours of Operation. 19 Additional Requirements, Exceptions and Modifications 20 Fences 21 - Motor Fuel Station Design 22 - Residential Complex Development 23 - Municipal Utilities for Development 24 Design and Construction (R-3 and R-4) - Platting for Commercial Residential Subdivision Requirements Subdivision 25 and Industrial Subdivision 26 - Placement of House on Residential Lot SECTION 52-07 Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision Subdivision USE DISTRICTS PAGE 18 19 19 1 - Classification 2 - Zoning Map 3 - "A" - Agricultural District 4.- Residential Districts 5 - Minimum Area Setback & Height Requirements 6 - "P" - Public Facilities District •7 - "OD" - Planned Development Districts 8 - "LB" - Limited Business District 9 - "NB" - Neighborhood Business District 10 - "GB" - General Business District ' - "CSC" 12 - "RSC" 11 13 - "RB" - Roadside Business District 14 - Area Standards and Requirements for Commercial Districts 19 21 21 23 23 23 26 26 27 27 28 29 29 32 33 35 36 38 - Community Shopping Center District 40 - Regional Shopping Center District 42 44 Subdivision 46 15- Limited Industrial District 48 TABLE OF CONTENTS - CONT'D. Subdivision 16 - "I-2" - General Industrial District 50 Subdivision 17 - "R-D" - Research and Development District 52 Subdivision 18 - Additional Standards & Requirements for Industrial Districts 53 Subdivision 19 - Minimum Requirements for Lot Area, Width, Frontage, Height, etc.for Industrial 54 Subdivision 20 - "FP" Flood Plain District 55 SECTION 52.08 PERFORMANCE STANDARDS 56 Subdivision 1 - Purpose SECTION 52.09 ADMINISTRATION AND ENFORCEMENT Subdivision 1 Enforcing Officer Subdivision 2 Board of Appeals and Adjustments Subdivision 3 Variances Subdivision 4 Conditional Use Permits Subdivision 5 Amendments (Including Zoning) Subdivision 6 Planned Development Subdivision 7 Special Permits Subdivision 8 Building Permit Reviews Subdivision 9 Petition Forms Subdivision 10 - Fees Subdivision 11 - Penalties Subdivision 12 - Validity Subdivision 13 Conflicting. Ordinances Repealed Subdivision 14 Effective Date 58 58 58 59 60 61 63 66 66 67 67 67 67 67 67 • CITY OF EAGAN, MINNESOTA Ordinance NO. 52 AN ORDINANCE REPEALING ORDINANCE NO. 6 AS AMENDED IN ITS ENTIRETY SO AS TO ESTABLISH. A CONTEMPORARY ZONING ORDINANCE AND ZONING MAP FOR THE CITY OF EAGAN, MINNESOTA. THE CITY COUNCIL OF THE CITY OF EAGAN; MINNESOTA DOES ORDAIN: SECTION 52.01 - REPEAL Section 6.01 through and including Section 6.06. as amended, in each Section's entirety, are hereby and herein repealed. SECTION 52.02 AMENDMENT In place of and instead'of the aforementioned repealed Ordinance, the following Ordinance 52, including Section 52.03 and subsequently numbered Sections, in heir numerical sequence shall appear and be law as set forth thereafter. .rdinance No. 6 as amended, by Ordinance No. 52 shall hereafter read in its entirety as follows: WHEREAS, Minnesota Statutes 462.357 empowers the City of Eagan, Min- nesota to enact a Zoning Ordinance and to provide for its administration, enforcement and amendment, and; WHEREAS, the City Council deems it necessary for the purpose of pru- moting the health, safety, order, convenience, prosperity and general welfare of the City to enact such an Ordinance, and; WHEREAS, the City Council has prepared a Land Use Development Guide for the physical development and improvement of the City and deems it necessary to make regulations for different districts to carry out the purposes of the aforesaid statute. NOW THEREFORE, the City of Eagan, Minnesota ordains: SECTION 52-03 - NAME This Ordinance shall be known, cited and referred to as the: CITY OF EAGAN ZONING ORDINANCE • except as referred to herein where it shall be known as "this ordinance". SECTION 52.04 - INTENT AND PURPOSE Subdivision 1. Purpose This Ordinance is adopted for the purpose of: A. Protecting the public health, safety andgeneral welfare. B. Dividing the City into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, and per- centage of lot which may be occupied, the size. of yards and other open spaces, and the density and distribution of population. Promoting orderly development of the residential, business, industrial, recreational and public areas., Providing adequate light, air and convenience of access to property. Limiting congestion in the public rights -of -way. Preventing the overcrowding of land and undue concentration of structures by regulating the use of the land and buil- dings and the bulk of buildings in relation to the land andmr buildings surrounding them. Providing for the compatibility of different land uses and the most appropriate use of land throughout the City. Providing for more orderly transition from a rural to an urban or suburban environment. Providing for the administration of this Ordinance and amendments thereto. Defining the powers and duties of the administrative officers and bodies, as provided hereinafter. Prescribing penalties for the violation of the provisions of this Ordinance or any amendment thereto. C. D. E. F. G. H. ' I. J. K. • -2- OION 52.05 Subdivision 1. • RULES, REGULATIONS AND DEFINITIONS RULES OF LANGUAGE CONSTRUCTION The language set forth in the• text of this Ordinance...shall be interpreted in accordance with the following rules'of construction: A. The singular number includes the plural and the plural the singular. B. The present tense includes the past and future tenses and the future, the present. C. The word "shall" is mandatory and the word "may" is permissive. D. The masculine gender includes the feminine and neuter genders. E. Whenever a word or term defined hereinafter appears in the text of this Ordinance, its meaning shall be construed as set forth in such definition thereof. F. All measured distances expressed in feet shall be the nearest tenth of a foot. Subdivision 2. DEFINITIONS The following words and terms, whenever they occur in this Ordinance, are defined as follows: Abutting. Making contact with or separated only by public thoroughfare, railroad or public right-of-way. Accessory Use or Structure. A structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. C. Addition. An extension or increase in floor area or height of a building or structure. A. B. D. Automobile Reduction Yard. A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of scrap, storage or abandonment. -3- • • e VILLAGE OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE N0. 5 . KEEPING OF ANIMALS (As Amended) AN ORDINANCE REGULATING THE BEEPING AND CONTROL OF DOGS AND OTHER ANIMALS AID THE OPERATION AND MAINTENANCE OF ANIMAL KENNELS IN THE VILLAGE OF EAGAN, DAROTA COUNTY, MINNESOTA. THE VILLAGE COUNCIL OF THE VILLAGE OF EAGAN HEREBY ORDAINS: SECTION 5.01. - - DEFINITIONS ' Subdivision 1. « - OWNER. Any person, persons, firm or corporation owning or keeping animals as hereinafter defined. Subdivision 2. + - ANIMAL. Any living four -legged animal, wild or domestic, except cattle confined in agricultural areas. Subdivision 3. « - KENNEL. Any shelter or enclosure used for the purpose of keeping, maintaining, breeding, training or raising more than three (3} animals. Subdivision 4. - - CONTROL. Any animal shall be deemed to be under control when on the premises of its owner, on a leash, or accompanied by its owner if trained to commands. Subdivision 5. - - RUNNING AT LARGE. Any animal not under control as hereinafter defined. SECTION 5.02. - - RUNNING AT LARGE No animal nor domestic fowl shall be permitted to run at large at any time in any platted area(nor in any area of six (6) acres containing three (3) or more residences.) Such sunning at large shall be deemed prima facie evidence that the .7..ocr vs any such animal is in violation of this ordinance. SECTION 5.03. - - DOGS • Subdivision 1. - - LEASHES. The restriction imposes t7 sesta,.. 5.02. shall not prohibit any dog at any time from being upon public streets or -1- E. Automobile Repair - Major. General repair, rebuilding, or reconditioning of engines, motor vehicles or trailer, in- cluding body work, framework, welding and major painting service. F. Automobile Repair - Minor. The replacement of any part or repair of any part which does not require removal of the engine head or pan, engine transmission or differential; incidental body and fender work, minor painting and upholstering service. Above stated is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross weight. G. Building. Any structure used or intended for supporting or sheltering any use or occupancy. H. Building Coverage. The area of a lot covered by building(s). I. Building Height. The vertical distance above "grade" as here- in defined to the highest point of a flat roof or a mansard roof, or to the highest gable of a pitched or hipped roof. J. Carport. An automobile shelter having one or more sides. K. Church. A building, together with its accessory buildings and uses where persons regularly assemble for religious wor- ship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. L. Commission. Shalt mean the Planning Commission of the City of Eagan. • M. Conditional Use Permit. A permit specially and individually granted by the City. Council after review thereon by the Plan- ning Commission for any conditional use so permitted in any use district. N. Council. Shall refer to the City Council, of the City of Eagan. 0. Dwelling. A building or one or more portions thereof occu- pied or intended to be occupied for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, mobile homes, tents, cabins or trailer coaches. P. Dwelling - Attached. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Q. Dwelling - Detached. A single dwelling unit not attached to another dwelling or structure. • -4- R. Dwelling - Unit. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanita- tion. S. Essential Services. Underground and overhead gas, electrical, steam, or water distribution systems; collector, communication, supply or disposalsystems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or similar equi ment and accessories in conjunction therewith, including City buildings. T. Excavation. The removal, filling with, or storage of rock, sand, dirt, gravel, clay or other like material. U. Excavation Permit. A permit to remove, excavate, or store; rock, sand, gravel, dirt, clay or oth.er like material, issued by the City. V. Family. An individual, or two or more persons each related by blood, marriage, or adoption, living together as a single housekeeping unit; or a group of not more than five (5) persons not so related maintaining a common household and using common cooking and kitchen facilities. W. Farm. A parcel of land havingan area of ten(10) acres or • more (5 acres for truck farms) which is under cultivation or is fenced and utilized as pasture. X. Fence. A fence is defined for the purpose of this Ordinance as any partition, hedge, structure, wall or gate erected as a dividing marker, barrier, or enclosure and located along the boundary or within the required yard. A fence in excess of six (6) feet in height shall be considered a structure. Y. Floor Area. The area included within the surrounding ex- terior wall of a building or portion thereof, exclusive of vent Shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Z. Grade. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and the line five (5) feet from the building. AA. Garage - Private. A detached or attached accessory building which is used primarily for storing vehicles. -5- BB. CC. Garage Sale. Any display of goods and/or salesmen's samples and sale of said goods on a property customarily usec as a residence. The person(s) conducting the sale shall be a resident(s) of the immediate neighborhood. Home Occupation. Any gainful occupation meeting all of the following requirements when engaged in only by person; re- siding in their dwelling, when that occupation is conducted within the principal structure, when evidence of tie occupation is not visible from the street, when no signs are present other than those permitted in "R" Districts, no stock in trade is stored on the premises, over - the - counter retail sales are not involved, and entrance to the home occupation is gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for the general prac- tice of his profession when such general practice will involve the need for more than three (3) parking spaces for the occu- pant and visitors. No accessory buildings or attached garage shall be used for such home occupations. Home occupations include professional offices, minor repair services, photo or art studio, dressmaking, teaching limited to three (3) students at any one time, and similar uses. A home occupation shall not be interpreted to include beauty or barber shops, tourists homes, restaurants ^r sin;'ar use,. however, these may be allowed as permitte: ;ertior: t2.07of this Ordinance. DD. Horticulture. The production .,no t.to'age cf fruits, vege- tables, and keeping, raising c:1 producti„,;, of livestock. EE. Junk Yard. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled, or handled, including but not limited to scrap iron, and other metals, rags, paper, rubber products, bottles and lumber. Storage of such materials in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. FF. Kennel. Ps defined in Ordinance No. 5 or revisions thereto. GG. Land Reclamation. Depositing four hundred (400) cubic yards or more of materials so as to elevate the grade. HH. Loading Berth. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, mater- ials and merchandise as more fully described in Section 52.06. II. Lot. A parcel of land occupied or used or intended for a purpose or use permitted in this Ordinance, abutting on a public street, and of sufficient size to provide the yards and area required by this Ordinance. JJ. Lot Area. The area of a lot in a horizontal plane bounded by the lot lines but not including any area occupied by the waters of a duly recorded lake or river or area which has been dedicated as public thoroughfare or road. -6- KK. Lot Area Per Unit. The number of square feet of lot area • required per dwelling unit. LL. Lot, Corner. A lot situated at the juohction of and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the inter- ior angle of which does not exceed one -hundred & thirty-five (135) degrees. MM. Lot Depth. The mean horizontal distance between the front lot line and the rear lot line of a lot. NN. Lot Line. A lot line is the pror:rty line bounding a lot. 00. Lot Line - Front. That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. PP. Lot Line - Rear. That boundary o` a lot which is opposite the frontlot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten (10) feet in length within the lot connecting the side lot lines end parallel to the front lot line. QQ. Lot Line - Side. Any boundary of a lot which is not a • front lot line or a rear lot lira or a lot line along a public street. RR. Lot of Record. Part of a subdivision approved by the City of Eagan, the plat of which has been duly recorded in the office of the Register of Deeds or Registrar of Titles, or a parcel of land, the deed to which was recorded in the office of said Register of Deeds, Registrar of Titles, prior to the adop- tionof this Ordinance which meets the minimum requirements. of Minnesota State Law and all City of Eagan Ordinances in effect upon the date of said recoring. SS. Lot - Through. A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. TT. Lot Width. The distance measured between lot lines, parallel to the front lot line at the minimum required front yard setback. UU. Mining. The extraction of sand, gravel or other material from the land in the amount of three thousand (3,000) cubic yards or more. VV. Motel. A building or group of buildings used primarily as a temporary residence of a motorist, tourists or travelers. WW. Motor Freight Terminal. A building or area in which freight brought by motor truck or rail is assembled and/or stored for routing to interstate or intrastate by motor truck. XX. Motor Fuel Station Class I. A place or business engaged in only the sale of motor fuels, incidental petroleum products and providing minor automobile services as defined herein (para. F.). YY. Motor Fuel Station Class II. A place of business engaged in the sale of motor fuels and dispension of services generally associated with the operation and maintenance of motor vehi- cles, including major auto or truck repair facilities. ZZ. Nonconforming Structures. Any structure permitted by exis- ting City Ordinance upon the effective date of its construction which would not conform to the applicable regulations if the structure had been erected under the provisions of subsequent ordinance(s). AAA. Nonconforming Use. Use of land, building or structures which does not comply with all the regulations of City Ordi- nances governing the zoning district in which such use is lo- cated, adopted subsequent to the initiation of said use. BBB. Nursery - Day. A use where care is provided for pay for more children than those of one (1) family in addition to the family residing on the premises. CCC. Open Sales Lot. Land devoted to the display of goods for sale, rent, lease, advertising or trade, where such goods are not enclosed within a building. DOD. Parking Space. A suitable surfaced or permanently maintained area on privately owned property of sufficient size to store one (1) motor vehicle either within or outside of a building. EEE. Performance Standard. Criteria established to control noise, ordor, toxic or noxious matter, vibration, fire or explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. FFF. Planned Development. An urban development having two (2) or more principal uses or structures on a single lot and devel- oped according to an approved overall plan. GGG. Processing. The crushing, washing, compounding or treating of rock, sand, gravel or similar materials. • • HHH, Public Hearing. Whenever the term "public hearing' is used in this Ordinance, unless otherwise specifically re -defined, it shall mean a public heating pursuant to a notice published once in the official newspaper of the City at least ten (10) days prior to the date of such hearing, which notice shall specify the general purpose, time and place of such hearing. Any such hearing after such publication may be continued, recessed or adjourned, from time to time, without any fur- ther publication or notice thereof. III. Public Utility Services. The providing of electric power, gas, telephone, sanitary sewer and water. JJJ. Publication. Notice placed in the official City newspaper stating time, location, and date of meeting and description of topic. KKK. Restaurant - Class I - Traditional Restaurant. An catiny facility where food is served to a customer and consumed by htmwhile seated at a counter or table. Cafeteria. An eating establishment where food is selected by a customer while going through a serving line and taken to a table for consumption. LLL. Restaurant - Class II - Fast Food. A majority of the custom- ers order food and are served their food at a counter and then take their food to a table or counter where it is con• sumed. However, a significant number may take their food out- side to eat in an automobile or off the premises. Drive -In Restaurant. Most customers consume their food in an auto- mobile regardless of how it is served. Carry -Out and Deli- very Restaurants. Food is prepared for consumption off the premises only. MMM. Sign. As defined in Ordinance No. 16 or revisions thereto. NNN. Special Use Permit. A permit that specifically and individual- ly is granted by the City Council for a temporary use with a specified termination date. 000. Story. That portion of a building inciuded between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under -floor space is more than 6 feet above grade as defined herein for more than 50% of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused under -floor space shall be considered a story. PPP. Street. A public right-of-way which affords a primary means of access to abutting property. -9- QQQ• Structure. That which is built or constructed, an edifice or building of any kind, or'any piece of work artifically built up or composed of parts joined together in some definite manner. RRR. Thoroughfare. Shall be those streets as shown on the City of Eagan's Thoroughfare Plan at the rights -of -way width indi- cated. . • • SSS. Townhouse.. Single family building having one (1) or - more walls in common with another single family building oriented so all exits open directly to the outside. TTT. Use. The purpose or activity for which the land or building thereon is designated, arranged or intended or for which it is occupied.. UUU. Use For Accessory, Special or Conditional. See definitions contained herein. VVV. Use - Permitted. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and performance standards (if any) of such districts. WWW. Use - Principal. The main use of land or buildings as dis- tinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional. • XXX. Yard. A required open space on a lot which is unoccupied and unobstructed by a building from its lowest ground level to the sky except as expressly permitted by this Ordinance. A yard shall extend along a lot line and at tight angles to such a lot line to a depth or width specified in the yard regulations• for the district in which such lot is located. YYY. Zoning District. An area or areas within the limits of the City of Eagan for which t:he regulations and requirements governing use, lot and size of building and premises are uni- form: -10- 411 SECTION 52.06 - GENERAL PROVISIONS Subdivision 1.APPLICATION OF THIS ORDINANCE A B. • In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general wel- fare. „ .. Where the conditions imposed by any provisions of this Ordinance are either more restrictive or less.restrictive than comparable " conditions imposed.by any other law, ordinance, statute., resu- lution or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall Erevail. . Except1as in this Ordinance specifically provided, no structure shall be erected, converted, enlarged, reconstructed or altered and no structure or land shall be used for any purpose nor in • any manner which is not in conformity with this Ordinance. Subdivision 2. SEPARABILITY A. B. It is hereby declared to be the intention of the Eagan City Council that the several provisions of this Ordinance are separable 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 specifical. ly included in said judgment. If any court of competent jurisdiction shall Adjudge in- valid the application of any provision of this Ordinance to a particular property, building, structure, such judgment shall not affect the application of said provision to any other pro- perty, building or structure not specifically included in said judgment. -11- SUBDIVISION 3. NON -CONFORMING USES A. Any lawful use of any structure of land existing at the time of adoption of this Ordinance or any amendments thereof which do not conform tothe provisions'of this Ordinance shall be subject to the following: 1. The adoption a.nd provisions of this •Ordinance shall not prohibit the continued use or expansion or rebuilding of any u.se or building existing upon the date of adoption of this Ordinance which would have conformed to the provisions of Sections 6.01 through and including 6.06 which was repealed by this Ordinance (See Section 52.02). Said expansion shall not be interpreted to permit an initial development in accor- dance with said repealed ordinance. Said expansion or rebuild- ing shall only relate to existing buildings or uses. 2: Where any non -conforming use otherwise permitted by the pro- visions of this Subdivision 3 is discontinued for more than one (1) year for any reason, said discontinued non -conforming use shall not be permitted unless specifically permitted by the City Council. 3. Any non -conforming use that is not subject to the provisions of Subdivision 3A-1, shall not be altered or expanded unless specifically approved by the City Council. 4. None of the foregoing provisions of this Subdivision 3 shall tn.any manner prohibit the reconstruction of an existing dwelling or. accessory buildings. destroyed to any degree by wind, fire or other natural cause which is classified as a non -conforming use because it exists on an undersized lot. • • -14bdivision 4. LOT PROVISIONS• A duly created lot of record shall be deemed a buildable lot provided all of the following are met: A. The lot shall have a minimum of sixty (60) feet of frontage on a public street or the lot shall have been approved ii. platting a condominium project or an attached dwelling pro- ject wherein a contiguous lot, owned in common, provides said frontage. B. There shall be no more than one (1) principal building on one (1) lot except when approved as a part of a Planned Development. C. The lot shall be capable of supporting a building(s). D. The lot shall be of sufficient size to accommodate K building(s) within the minimum required building setbacks for the parti- cular zoning district in which it is located. *vision 5. ACCESSORY BUILDINGS AND STRUCTURES A. Accessory buildings and structures related to a farming oper- ation and on a farm may be located anywhere on the lot except that a building for housing more than two (2) animal units shall be not less than fifty (50) feet from lot line and all buildings shall conform to yard regulations. B. No accessory building or structure other than a fence or temporary construction office shall be permitted on any lot in an "R" district prior to the time of construction of the principal building to which it is accessory except a resident tial garage, which prior to construction of the residence can be used only for storage purposes pertaining to and until the completion of, the main structure. No accessory buildings shall be less than the minimum re- quired setback for the principal building along a public street, five (5) feet from the side lot line, five feet from the rear lot line in any "R" district. D. Unless otherwise herein specified, no accessory building shall exceed the height of.the principal building except when on a farm and related to a farming operation. • -13- proporty within the Village if such dog is on a leash or under control of an accompanying person. Subdivision 2. - - LICENSING.. A: Every owner of any dog more than three (3) months old shall obtain from the Village Clerk a license tag and registration number in such form es the Village Council shall prescribe. Said license tag upon issuance, shall be firmly attached to every such dog's collar at all times. The initial, and there- after annual, license fee therefore shall be $3.00 for each neutered male or spayed female dog and $5.00 for each unaeutered male or nnapayed t'owel.e dog., • Annual fees shall be paid to the Village Clerk who shall issue new' license tags different from the previous year's tags on the third .Tuesday in February of each year. B. No license shell be.oranted for a dog which has not been vaccinated against rabies as provided in Cris section. Said vaccination must. have bee, administered to said dog within a two year period of the expiration date of the license to be issued. The vaccination shall be perforled only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. A veterinarian who vaccinates a dog to be lieefsed in the Village shall complete in triplicate a certificate of vaccination. One copy shall be issued to the deg owner for affixing to the license application, one shall be sent to the Minnesota Livestock Sanitary Board, and one shall be retained in the veterinarian's files. • C. All cats, skunks, coons, foxes, squirrels, or rabbits hereafter kept in the areas controlled by this ordinance shall be vaccinated against rabies annually and.shalt at all times wear an appropriate tag showing the date, of vaccination. Any of said animals not so vaccinated and tagged may be impounded and destroyed as provided in this ordinance. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the' state in which the animal is vaccinated. 2 Subdivision 6 REQUIRED YARDS AND OPEN' SPACE A. Whenever a park or play area is so located that it abuts on • a public right-of-way or railroad right-of-way, either a landscaped yard area of at least thirty (30) feet shall be maintained from such right-of-way and the nearest developed _ play space, or a fence in conformity with Section 52.06 subdivision 20 , or similar barrier may be used. This Section shall apply to .all. public and private parks, schools, churches' - and areas where play areas are provided. No yard or open space existing upon the effective date of this Ordinance shall be reduced in area or dimension so as to'make su'ch'yard or other open space less than the minimum required by this Ordinance. The fo'llowi'ng shall be the minimum required building setback for any building in any yard in all zoning districts along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current'Ctty of Eagan "Thoroughfare Plan". B. Thoroug„f4.-e Interstate or State Highway • Major Thoroughfare •ill•• r:c ... Major Thoroughfare ,Right -of -Way Width Minimum Setback 50 feet 150 feet 50 feet or 125 feet • from right -of -Way centerline, whichever is, greater. 100 feet 50 feet or 100 feet from right-of-way centerline, whichever is greater 80 fect 40 feet or 80 feet from right-of-way centerline, whichever is greater. D. The City Council may waive the required side yard setback requirement in all districts, if two legal hots of record are held in one ownership and are combined by the Dakota Coun- ty Assessor as one tax parcel. rr, • -14- Subdivision 7 TRAFFIC VISIBILITY On all corner lots in ail d:s'ricts, no structure or planting in excess of thirty (30) i -t.s above the abutting curb like shall he permitted with- :angular area defined as follows Beginning at the intersection of the .rojected curb 'Ines of two intersecting etreets, t.ence thirty (30) teet along onn. curb diagona'i.y to a point thirty (30) feet from thi: point of beginning n. the, other curb line, thence to the point of begiirninq. • Subdivision 8 PUBLIC UTILITY- SERVICE It shall be unlawful to install, construct, erect, alter, re- vise, reconstruct or move any pipeline, underground tele- phone line, underground electric transmission line and over- head electric transmission line including structures related thereto, without first obtaining the approval from the Eagan City Council. In issuing said approval, the Council shall find that: • A. ,The proposed location of the essential service shall net un- reasonably interfere with future land use of the City.' B. The depth of any buried essential services shall be at e depth that will not cause future prnblens with roads, streets, utilities or buildings. C. The width of any linear easements or rights -of -way shall not be such that it will unreasonably interfere with future land use. Subdivision 9 STRUCTURES IN PUBLIC RIGHTS -OF -WAY No buildings, structures or uses may be located in cr on any public lands or rights -of -way without approval by the City Council. Subdivision 10 LAND RECLAMATION AND MINING A. Land reclamation and mining shall be permitted in all dis- tricts by conditional use permit and otherwise licensed or regulated by other ordinances. (1) The conditional use permit shall include as a con- dition thereof, an approved finish grade plan which will not adversely affect the adjacent land. (2) An approved program for regulating the type of fill permitted, for control of rodents, fire, vehicular ingress and egress, hours of operation, unstable slopes, material dispersed from wind or hauling of material to or from the site land general maintenance of the site Subdivision 11 BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY No structure shall hereafter be erected or structurally altered until a building permit is issued by the City of gli Eagan. No structure except one or two family dwellings shirl hereafter be occupied after construction until a certificate of occupancy has been issued by the City of Eagan. Subdivision 12 DESIGN AND MAINTENANCE OF OFF-STREET PARKING AREAS A. Drainage. All parking lots except those for less than four (4) vehicles, shall be graded according to a drainage plan which has been approved by,the City Engineer. Catch basins, sumps, and underground storm sewers may be required and all such lots and driveways shall be surfaced with .a material to control dust and drainage as approved by the City Engineer. B. Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused so as to reflect the light away from the adjoining property and away from abutting traffic. C. All off-street parking areas shall be constructed with curbs or similar barriers to contain all vehicles. D. All off-street parking areas for four (4) vehicles or more shall be constructed with concrete curbs. E. Where a parking lot for four (4) or more vehicles is located adjacent to or across the street from a residential use, a solid screen shall be constructed and maintained of not less than three and one-half (3-1/2) feet in height to capture the vehicle light beams and muffle the vehicle noise. F. Driveways may only exceed a grade of ten 1 0) percent (10%) where approved by the City Engineer. A level area shall be provided for an automobile in front of the garage on resi- dential lots. Subdivision 13 REQUIRED OFF-STREET PARKING The following minimum parking spaces shall be provided and maintained by ownership, easement or lease, for and during the life of the respective uses hereinafter set forth. Where a - specific requirement is not stated, the City Council shall determine the adequacy of parking when approving a site plan. A. Single Family Dwelling. At least two (2) parking spaces for each dwelling unit. A garage will fufiil this requireme 411 -16- B. Two -Family Dwelling. At least two (2) parking spacesfor each.dwelling unit. A garage will fulfill this requirement. III C. Multiple Dwelling (including townhouse.). At least one and one-half (1-1/2) parking spaces and on: (1) garage space per . unit. D. Motel. At least one (1) space for each ..welling unit or lodging room. Plus one (1) additional :ace for each eight (8) units. Additional spaces shall be required for liquor or restaurant fa:ilities- E. Church, Clubs. At least one (1) parking space for each three and one-half (3-1/2) seats based on the design capacity of the main assembly hall. F. Hospital. At least one and one-half (1-1/2) parking spaces for each patient bed. G. Sanitarium, Convalescent Home, Rest Home, Nursing Home or Institution. At least one (1) parking space for each six (u,) beds for which accommodations are offered, plus one (1) addi- tional parking space for each fifteen (15) beds. H. Medical or Dental Clinic. At least three (3) parking spaces for each staff doctor •practicing,_ on the. premises at any one time or._one__.]j Space for each,_one.-hundred-fifty (150) square feet of tress _floor area, whichever is_greater. I.' Theater. At least one (1) parking space for each three (3) seats. J. 9rive-In Food Establishment. Said parking space requirement shall be determined by the City Council when reviewing the site plan, and be based upon prior experience. • K. Bowling Alley. At least five (5) parking spaces for each Alley. plus additional spaces as may be required herein for related uses such as a restaurant. L. Motor Fuel Station. At least four (4) off-street parking spaces plus two (2) off-street parking spaces for each ser- vice Stall. M. Retail Store. At least one (1) off-street parking space for each one -hundred -fifty (150) square feet -of --floor area up to a total floor area of twenty -thousand (20,000) square feet. Thereafter, one (1) space shall be required for each two - hundred (200) square feet of floor area. N. Restaurants, Cafes, Bars, Taverns,Nightclubs. At least one (1) parking space for each three (3) seats based on capacity design. 0. Banks, Savings R Loan. At least one (1) parking space for each two -hundred and fift} (250) square feet of gross floor area plus five (5) stacking spaces for each drive -in window. -17- P. Offices. At least une (1) parking space for each one -hundred -fifty (150) square feet of net leasable floor area. Q. 'Furniture store,appliance store, wholesale and warehouse up to 6,000 square feet. At least one (1) space for each 400square feet of gross floor are?. R. Manufacturing, fabricating or processing of a product. Said parking reel quirements shall be determined by the City Council when reviewing the site plan, and be based upon prior experience. S. Warehousing, storage, handling of bulk goods in structures over 6,000 square feet. Said parking requirements shall be determined by the City - _ Council when reviewing the site plan, and be based upon prior experience. Subdivision 14 OFF-STREET LOADING AREAS A. All loading areas, Including maneuvering(area, shall be off- street and shall be located on the same lot as the building or use to be served. B. Loading areas shall not be permitted along the front side of a building. C. Where a loading area faces a public street. a minimum forty (40 foot wide landscaped yard, including berms, and vegetation shall be provided and maintained along said public street. D. Where a loading area is proposed within three -hundred (300) feet of any residential district, a conditional use permit shall be required. In issuing said permit, the City Coun� shall find that said loading area shall be developed in a manner so as not to have a detrimental effect upon the ad- joining residential area. Subdivision 15 LANDSCAPING A. An approved landscape plan shall be required for all new commercial, industrial and multiple residential developments. Said landscape plan shall include the size, location, quan- tity and species of all plant. materials. B. The City Council may require a landscape bond to insure that all plant materials are planted and maintained for at least one (1) year. Subdivision 16 PUBLIC ADDRESS SYSTEMS Public address systems shall not be permitted in any distr which can be heard on adjoining property unless specifics approved by the City Council. - 18 - •ubdivision 17 • OPEN SALES LOTS Open sales lots shall be subject to the following standards: A. The minimum twenty (20) foot wide yard abutting the public ri:ght-of-way shall be landscaped and said landscaping shall be separated from the u'sable portion of the lot by a curb. Said twenty (20) foot landscaped yard shall also he pro- vided where such lot abuts a residential lot. 0. All of the lot other than the pFrtiun occupied by a building or landscape treatment shall be surfaced to ...un trol dust and drainage:- C. Lot shall be constructed according to a grading plan ap- ' proved by the City Engineer. 0. When such a lot is adjacent to a lot located in the "R" dis- trict, a fence of acceptable design shall be erected along the property line. E. The outdoor lighting system for a sales Tot shall- tie so :di signed that no direct source of light is visible from the . public right-of-way or adjacent land. F. A site plan for the lot,showing ingress and egress,. storage, parking, fencing and other necessary features,. required to understand the operation shall be filed for approval. bj the City Council. Subdivision 18 HOURS OF OPERATION Hours of operation of any retail business, any restaurant or any motor fuel station, shall be confined to the period between 7 AM and l AM, except for those located two -hundred (200) feet or more from any residential use and fronting on a major thoroughfare. or commercial service road unless other- wise specifically approved by the City Council. Subdivision 19 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND 140DIFICATIONS The requirements and standards specified theretofor in this Ordinance shall be subject to the following: A. Height Limitations. Height limitations as set forth ir. the "R" District elsewhere in this Ordinance may be increase(' by fifty percent (50%) when applied to the following: Antenna - Radio or TV Flag Poles -19- B. Front Yard Variance. In any "R" District, wherever a platted block or otherwise subdivided area has dwellings located on fifty percent (50%) or more of the parcels located between two (2) streets, the minimum required front yard setback line shall become the average setback established by the existing dwellings located in the block. This shall not supercede the requirements of Section 52.06, Subdivision 6C where ap- plicable. C. Uses Not Provided for Within Zoning Districts. Whenever in any district, a use is neither specifically permitted or denied, a property owner may request a study by the City to determine whether the particular use is compatible with the zoning dis- trict in which it is proposed to be located. D. . Request for a Variance, Conditional Use Permit or Rezoning. A request for a variance, conditional use permit or rezoning, which has been acted upon may not be requested again until a period of twelve (12) months has passed unless the ap- plicant can show to the satisfaction of the City Council that the conditions which were present when the earlier re- quest was filed, have changed or that the request is sub- stantially different. E. Parking Limitations on Large Vehicles. The City Council may direct the removal or otherwise limit the parking of any large vehicle upon or adjacent to any residential use where it is determined that said parking has a detrimental effect upon residential use. Said large vehicles shall in- clude, but not be limited to, buses, motor homes, cruisers, or trucks. F. Parking of Mobile Homes. Mobile homes shall not be permitted to be located for storage or habitation in any zoning district except in an approved mobile home park, without a special per- mit being issued by the City Council as required by Ordinance No. 2 and revisions thereto. G. Temporary Uses. The City Council may grant a special permit for a period of not to exceed thirty (30) days for a temporary use not otherwise provided for by this Ordinance. Said temp- orary use may include, but is not limited to, storage of materials for highway construction, Christmas tree sales, special promotions and/or similar uses. -20- Si ivision 20 . FENCES • A. Construction and Maintenence. Every boundary line fence shall be maintained in a condition of reasonable repair and shall not be allowed to become a public or private nuisance. Electric boundary fences shall only be permitted in the "A" District when related to farming, and on farms'in other dis- tricts when related to farming but not as boundary fences. B. Residential District Fences. In all parts of Eagan zoned residential, boundary fences shall be subject to the following requirements: (1) Fences on all corner lots erected within thirty (30 ) feet of the intersecting curb line shall be subject to Traffic Visibility Requirements (see Section 52.06 Subdivision 7). (2) Fences shall not exceed a maximum height of six (6) feeL. C. Business and Industrial Fences. Property line fences within all business andindustrial districts shall not exceed six (6) feet in height except that the City Council may grant a special permit for a fence of greater height. Subdivision 21 MOTOR FUEL STATION DESIGN Class I and II Motor fuel stations shall be subject to the following standards: A. The minimum required building setback shall relate to any canopy, weather protection, pulp island or building. B. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the buil- ding shall require an approved open sales lot. C. A minimum twenty (20) foot landscaped yard shall be provided along all abutting public rights -of -way lines, except where approved driveways occur. D. All goods offered for sale on the motor fuel station site, other than those generally required for the operation and mainten ance of motor vehicles, shall be stored, sold and displayed within a building. -217 E. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building F. The outdoor lighting system shall be approved by the City of Eagan and shall be.so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots. G. Wherever a motor fuel station abuts an "R" Dis- trict, a solid six (6) foot high screen (not less) shall be erected and maintained along the side and rear property line that abuts the "R" District. H. Access or egress curb cuts to a motor fuel station shall not be less than fifty (50) feet from the curb line intersection on secondary thoroughfares and eighty (80) feet on major thorotgr,fares: -22- division 22 , RESIDENTIAL COMPLEX DEVELOPMENT In all R-3 and R-4 Districts, involving more than one (1) principal structure, a development plan shall be required with a review by the Planning Commission and the approval of the City Council. Said development plan shall he for a period of three (3) years from the date of formal approval by the Council. Approval for periods beyond the three (3) years shall be per- mitted for Planned Developments only. When a development plan expires, no further building or excavation permits shall be issued until a new plan approval has been reviewed by the Planning Commission and approved by the City Council. Subdivision 23 MUNICIPAL UTILITIES FOR RESIDENTIAL. DEVELOPMENT In all R-2, R-3, R-4, and R-5 Districts, municipal water and sewer facilities shall be available and installed prior to completion of any structures and use of any structure or dwel- ling units theron. Subdivision 24 DESIGN AND CONSTRUCTION REQUIREMENTS (R-3 & R-4) FOR MUL- TIPLE DWELLINGS • A. Building Design Requirements (1) Design Supervision by Architect. Architects shall be required for the construction of all multiple dwellings of three (3) units or more. The building plan, including site plan for such a building shall be certified by an architect, registered by the State of Minnesota, stating that he has per- sonally viewed the site and has designed the building to fit the site as planned and to be harmonious with the adjacent buildings, topography and natural surroundings and in ac- cordance with the purposes and objectives of the Zoning Ordi- nance. This requirement shall not prohibit the preparation of the site plan by a professional site designer, or the landscape plan by a professional landscape architect. (2) Exterior Vertical Suifa a Design. All exterior verti- cal surfaces of a multiple dwelling shall be treated as a front and have an equally attractive or the same facia. (3) Design of Garages. Garages and other'accessory buildings in a multiple dwelling complex, shall have a design and ap- pearance that will not detract from the main building(s). -91- • • • D. A11 dog licenses shall be.issued for one year beginning on the third Tueaday in February of each year commencing in the year 1964. Appli- cation for licenses may be made 30 days prior to the start of the licensing year at such time and place as the.Village Council shall designate, and thereafter during the licensing year. Applications made after the third Tuesday of March during the licensing year shall be assessed a penalty of fifty 0.50) cents for each late month or portion thereof which amount shall be Added to and collected with the regular license fee. Any owner who secures a dog after the start of.the license year shall be allowed thirty (30) days after acquiring such dog to secure a license and must file an affidavit identifying the dog and stating the date, of its application. E, Any dog owner, upon first becoming a resident of Eagan, shail'be allowed thirty (30) days from sacs time within which to obtain the dog iicex.e.a. Any dog.cwner having a valid dog license from another municipality may, witi;2u thirty (30) days after becoming a resident of the Village of Eagan, secure an Eagan dog license for which the owner shall pay a fee of fifty ($.50) cents upon surrender of the valid license from the previous municipality. F. • In the. event the license tag is lost, the owner may obtain a duplicate tag upon the payment of fifty ($.50) cents. G. If r. dog dies within the licensing year, and a dog is secured to replace the dog so dying, the license for the deceased dog may be transferred to the replacement dog upon payment of a transfer fee of fifty ($.50) cents. H. It shall be the duty of the Village Police Department or duly appointed dog-catcher to make periodic checks to determine whether dog owners have acquired license tags for their dogs. In the event that a warning is issued, the police or dog-catcher shall keep an accurate record of each warning issued, whether impounded, the name of the owner and the date of the issuance of the warning or impounding. (4) Storage Space in Multiple Dwellings. A minimum of one -hundred -fifty (150) cubic feet of storage shall be provided within the multiple dwelling building for each dwelling unit, exclusive of storage space provided withi each dwelling unit. In townhouse units only, this storage space may be pro- vided in a garage serving the unit. B. Site Design and Development Requirements Multiple dwelling sites (R-3 & R:4) shall be designed and developed in accord with the following: (1) Landscaping. All yards shall be landscaped or be left in a natural state. If any yards are to be landscaped, they shall be landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state shall be properly maintained in a sightly and well -kept condition. Yards adjoining any of the CLASSES OF RESIDENCE DISTRICTS shall be landscaped with buffer planting, if this is not provided in the natural state. Plans of such screens shall be submitted for approval as a part of a site plan and installed prior to issuance of a cer- tificate of occupancy for any tract in the district. In the event this requirement cannot be met because of climate, a bond shall be required to insure compliance within a reason- able time. The design shall make use of all land contained in the site. All of the site plan shall be related to the multiple use, i.e., either parking, circulation, recreation, landscaping, screening, building, storage, etc. (2) Drainage. The drainage of storm waters shall be provided for either on the site or in a public storm sewer. (3) Curbs. Interior curbs shall be constructed within the property to separate driving and parking surfaces from land- scapedareas. Interior curbs required by this Sectionshall be portland cement concrete construction. (4) Walkways. Surfaced walkways shall be provided from park- ing areas, loading zones and recreation areas to the entrances of buildings. (5) Surfacing. All interior driveways, parking areas, load- ing areas, etc. shall be of blacktop or concrete construction. • -24- • • (6) burying Utilities. All utirir.res including electrical and telephone lines, shall be buried in all new subdivisions as required by Ordinance No. 10 or, revisions thereto, unless otherwise approved by the City Council. (7) Trash Incinerators and Garbage. No exterior trash or garbage disposal or incineration shall be permitted. Any exterior storage shall be enclosed within a container and such container shall be completely screened by a wall or equivalent visual screen. (8) Lighting. On -site lighting shall be provided as is neces- sary for security, safety and traffic circulation. Lighting shall not be directed upon public rights -of -way or adjacent properties. •Such illumination shall be indirect and diffused. (9) Natural Features. The site shall show due regard fur• all natural terrain features, such as trees (including re- quirements of Ordinance No. 46 and revisions thereto), water courses, historic areas or similar conditions. (10) Public Safety. All site and building plans for multi- ple dwellings shall be reviewed by the City's Fire and Po- lice Departments with a recommendation to the City Council. Flans shall be reviewed for fire warning and protection sy,- tems. public safety, vehicular access and concerns related to public safety. (11) The site plan shall illustrate existing and proposed contours at a two (2) foot interval. (12) Each multiple dwelling complex shall have a minimum recreation area equal to two -hundred (200) square feet for each dwelling unit containing two (2) or less bedrooms and one -hundred (100) additional square feet for each dwelling unit containing more than two (2) bedrooms. Said recreation area shall be a minimum of one -hundred (100) feet from any ponding area. (13) Platting. A11 land zoned Residential R-1, R-2, R-3, R-4, and R-5 shall he platted prior to placing any structure thereon except townhouses for sale, may be platted after footings are poured with the approval of the City Council -25- (14) Accessory Commercial Use. Retail shops, beauty and barber shops and professional offices which are primarily for the use of occupants may be permitted in any P.-4 district under a Planned Development provided that no signs appurtenant thereto shall be placed or extend beyond the ex- terior walls of any structure in such district Subdivision 25 PLATTING FOR COMMERCIAL P.t:D INDUSTRIAL • All land zoned commercial, industrial or plans_.. development shall be platted prior to placing ary structure thereon unless otherwise approved by the City Council. Subdivision 26 PLACEMENT OF HOUSE ON rESIDENTIAL LOT (1) On all residential lots not served by public utilities which are at least :v:enty four thcusard (24,000) square feet in area one hundred seventy (170) feet in width, a structures shah be placed so that the lot may tc: further subdivided in the future unless otherwise arprnved by the City Council. (2) 0n all residential lots where a garage is not constructed with initial "ayelopmer,t, sufficient space, in accordance with r.:inirum setback require- • ments, shall be reserved for the pctentiat future construction of a garage. -26- SECTION 52.07 - USE DISTRICTS Subdivision 1. Classification. The following land use districts are hereby established under which all lands in the City of Eagan shall be classified: A Agricultural District P Public Facilities District R-1 Residential Single District R-2 Residential Double District R-3 Residential Townhouse District R-4 Residential Multiple District R-5 Mobile Home District LB Limited Business District NB Neighborhood Business District GB General Business District CSC Community Shopping Center District RSC - Regional Shopping Center District RB - Roadside Business District I-1 - Light Industrial District I-2 Heavy Industrial District R-D Research and Development Park District PD - Planned Development District FP Flood Plain District -27- Subdivision 2. Zoning Map The boundaries of the above districts are hereby established as shown on that certain map entitled "Zoning Map of the City of Eagan, Minnesota." which map is properly approved and filed in the Office of the City Clerk. hereinafter referred to as the "Zoning Map." Said map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set down therein and are hereby made a part of this Ordinance by reference'and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the "Zoning Map" and make same available to the public. Where a dispute arises over the City Clerk's determination of the exact location of a district boundary, said dispute shall be heard by the Board of Appeals And Adjustments for recommendation, with final determination to be made by the City Council. Subdivision 3. "A" AGRICULTURAL DISTRICT A. Permitted Uses Within any Agricultural District no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council. - 1. All types of agricultural pursuits and accessory farm structures. 2. Commercial greenhouses and nurseries. 3. Stands for the sale of agricultural products provided said products are raised on the premises. q. One -family detached dwelling. 5. Public parks, playgrounds and public utility service facilities. B. Conditional Uses Within any Agricultural District no structure or land shall be used for the following uses or uses deemed similar by the City Council except by a conditional use permit: 1. Any conditional use In the "R-1" district as regulated therein. 2. Riding stables. boarding stables, auction facilities or sales barns, commercial feed lots or dog kennels subject to the requirements of Ordinance No. 5 and revisions thereto. 3. Commercial storage facilities. C. Accessory Uses Within any Agricultural - "A" District, any accessory use permitted in an • "R-1" District shall be permitted. -28- uia&vision 4. RESIDENTIAL DIS1RICTS A. Permitted Uses Within any R-1; R-2, R-3, R-4 or R-s District, no structure or land shall be used except for one or more of the follow- ing us_ or uses deemed similar by the City Council: 1. One family detached dwellings. 2. Two family dwellings (R-2, R-3, R-4 only) 3. Townhouses (only in R-3 and R-4 to a maximum density o' 6,000 square feet per unit.) 4.• Apartments (R-4 only) 5. Home occupations as defined in Section 52.05, Subdivision 2CC. 6.. Mobile homes (R-5 only and developed under requirements of Ordinance No. 2 and revisions thereto) B. Conditional Uses Within any R-1, R-2, R-3, R-4 or R-5 District, no structure or land shall be used for the following use or uses deemed similar by the City Council except by conditional use pent. 1. Golf courses, country clubs and tennis clubs. C. Permitted Accessory Uses Within any R-1, R-2, R-3, R-4 or R-5 Cistrict, no structure or land or use of land shall be permitted except for one or more of the following use or uses deemed similar by the City Council: 1. Private garages and parking space 2. Private swimming pool, tennis court, recreation building or tot -lot. 3. Buildings temporarily located for purposes of construction on the premises for a period of nut to exceed time neces- sary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted nn the premises 5. Decorative landscape features. 6. The keeping of domestic animals (household) for non-com- mercial purposes, for the use of the occupants of the pre- mises. Subdivision 6 Minimum Arca, Setback and Height Requirements • the fol L.vrng chart shall establish the minimum lot area, lot width, building setback and maximum height requirements for the Agricultural and Residential Districts. Where a conflict may arise between the minimum requirements of•this Section and those contained in the General Provision Section 52.06 Subdivision 6C, the greater requirement shall be required. -29- A. MINIMUM AREA, SETBACK AND HEIGHT REGULATIONS (Also See Section 52.06 Subdivision GC iYMGOL • USE DISTRICT LOT AREA • LOT WIDTH FRONT -YARD OR SETBACK ALONG PUBLIC STREET SIDE -YARD SETBACK REAR -YARD SETBACK MAXIMUM HEIGHT LIMITATIONS DWELLING UNIT GARAGE OR ' ACCESSORY "STRUCTURE A Agricultural 5 ac. per dwelling unit 300,feet 30 feet 30 feet • 5 feet 30 feet R-1 Single Family 12,000 . S 85 feet sq. ft. lac.w/o municipal sewer & water 30 feet 10 feet 5 feet i5 feet 2-1/2 storie: R-2 Double 15,000 j,/100 feet sq. ft. 30 feet 10 feet 5 feet 15 feet 2-1/2 storie: R-3 Townhouse 6,000 sq. - - • • ft. per s� unit ` y 'Z ��!o 30 feet 30 feet l0 feet 30ft for a dwelliuniting 10 ft. for a accessory building 3 stories R-4 Multiple Dwelling See Section 52.07 Subdivision 5B 50 feet 30 feet 10 feet 30ft. for a dwelling unit 10 ft. for a accessory building • " B. MINIMUM AREA REQUIREMENTS FOR MULTIPLE DWELLINGS NUMBER OF STORIES NUMBER OF BEDROOMS Efficiency 1-Bedroom 2-Bedroom 3-Bedroom One Story 3,960 (11)*^ 4,355**(10) 4,840 (9) 8,270 (5) Two Story 2,920 (15) 3,090 (14) 3,350 (13) 5,445 (8) Three Story 2,720 (16) 2,900 (15) 3,100 (14) 4,360 (10) Four Story 2,180 (20) 2,200 (19) 2 560 (18) 3,630 (12) Five Story 1,900 (22r 2,075 (21) 2,180 (20) 3,090 (I41 Six Story 1,700((24) ) 1,800 (23) 1,900 (22) 2,720 (16)•.. mc .* (`) units per acre, ** Square feet of land per unit All mir.imum required lot areas stated above shall. not include public streets. -31- Subdivision F. C. Additional Setback for Height: In all residential districts,. the minimum required building setback as stated in Section 52.07 Subdivision 5A shall be increased by one (1) foot for each foot of height over 35 feet. D. Special Density Credits • The minimum lot area requirements as stated in Section 52.07 Subdivision 56_ shall be decreased in residential R-4 Districts where garages are buried to the extent that the site area normally covered by garages can be occupied by other uses. The minimum required lot area in Section 52.07 Subdivision 5B shall be reduced by 300 square feet for each dwelling unit served by an under ground garage. E. Ponding Area as Lot Area In determining the minimum required lot area under Section 52.07 Subdivision 5A and B ponding areas or similar unbuildable areas as determined by City Council shall not comprise more than ten percent (10%) of the total site area. F. Building Coverage of the Site All builiings+ncluding accessory buildings together shall not cover moil, than twenty percent (20%) of the site area. "P" PUBLIC FACILITIES DISTRICT A. Within any Public Facilities District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: Public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools and hospitals, pro- vided any such purpose is not a commercial profit making enterprise. 6. Developments within a Public Facilities District shall meet the following requirements: (1) Prior to construction or alteration of any such facility,a building permit approved by the City Council shall be required. (2) Every public facilities structure shall have a minimum setback from its lot or land area boundaries of 2 feet for each 1 foot in height of such structure, excluding steeples, ornaments or antennas. (3) Parking areas commensurate with the type of and use of any public facility shall be required which shall be determined by the City Council. (4) Public utility structures and equipment, even though owned by profit making enterprises, however, may be permitted where the location thereof is necessarily restricted by virtue of operatio• or utility. • • -37- Subdivision 7 P.D. PLANNED DEVELOPMENT DISTRICT A. Purpose and Intent This is supplementary to all other zoning districts contained in this Ordinance, the purpose of which is to encourage, under appropriate circumstances, a more 'creative, varied and efficient use of land in the City Eagan. Where such supplementary zoning is approved, it shalt be deemed supplementary and super- imposed over the basic zoning of the property under consideration. Where a conflict may arise between ' the requirements of the supplementary and basic zoning, those requirements related to the supple- mentary zoning shall prevail. -B. Determination In considering any petition for such district, the Planning Commission and the City Council in the interests of carrying out the intent and purpose of this Section, shall determine whether or not such planned development will: a) better adapt itself to its physical and aesthetic setting and that of surrounding lands than does development of the underlying zoning district; b) be feasible for the owner and developer economically. to complete accord- ing to proposed plans; and, c) benefit the commun- ity at large to a greater degree than would develop- ment of the underlying zoning district. C. Procedure All petitions for a planned development shall be processed in accordance with applications for zoning under this Ordinance, building permits under Ordin- ance No. 36 and subdivisions under Ordinance No. 10 and all other applicable ordinances of the City cf Eagan. In addition, the applicant shall be required to submit all such further data, drawings, exhibits, plans, specifications, time projections for develcp- ment of the district, financial information and any other materials that the Planning Commission and/or the City Council shall deem necessary and appro- priate to a consideration of any planned development petition. Initially such petition shall be in the form of a "preliminary plan" as outlined in Section 52.09 Subdivision 6B. Upon approval being granted by the City Council, and prior to any construction, the applicant shall be required to submit "final plans" as described in Section 52.09 Subdivision 6D. -33- V' fis VILLAGE OF EAGAN DAM & couun,.MZNNssors ORDztaNcs DBE OrdinaeceNo.. Title of Ordinance 1. Dumping 2: Trailers end Trailer Court Parks 3. Building Permits 4. Repealed 5. Keeping of Animals 6. Zoning .. 'gee alt. oi 7. Northern Natural Gas Company 8. . Excavations 9: Shooting and Weapons 10. Subdivisions 11. Motor.Vehiclea 12. Smoke 13. Burning 14. Fire Department 15. Snow Removal 16. Signs and Billboards 17. Nuisances 18. Minnesota Criminal Statutes 19. Repealed 20. Water and Sewer Regulations 21. . Electrical and Plumbing Licensee 22. Custody and Disposal of Unclaimed Property 23. . Pipeline (Williams Brothers) 24. Plumbing 25. . Street Excavation I. In the event it is determined that the owner was issued a. warning instructing him to acquire a license tag and has not done so, and has had ten (10) days in which to comply, the owner thereof is in violation of this ordinance. SECTION 5.04. - - ANIMAL EENNELS Subdivision 1. • - P'ENSlL LICENSING. No animal kennel shall be constructed or operated without the owner thereof first obtaining a permit therefore from the Village Council. Application for such permit shall be made in person by the owner at a regular meeting of the Village Council at which, time the owner shall present a written plan of the proposed kennel and the location of residential dwellings within a 1,500 foot radius of such kennel, said plan to be in sufficient detail•to enable the Building Inspector to understand the nature and location thereof. Upon approval, by resolution, of such application, the Clerk uhall issue a permit upon payment by owner o a permit fee in the sum of Fifty ($50.00) Dollars. Such permit shall be valid for a period of one (1) year from the date of its issue which may be renewed from year to year thereafter upon the application of the owner at least thirty (30) days before the expiration of the current permit year. The renewal permit fee shall be Twenty-five ($25.00) Dollars. The Village Council shall have the sole discretion in granting or refusing such permits, and, for cause shown, may revoke same after reasonable notice to the owner without any refund of said permit fee. Subdivision 2. - - KENNEL SPECIFICATIONS. No permit shall be granted to any owner for the operation of a kennel unless the area within which the animals are to sleep, eat and exercise shall be enclosed completely with a. wire mesh fence at least six (6) feet in height of sufficient gauge insuring the confinement of said animals. No kennel shall be constructed or operated within five hundred (500) feet of any residential dwelling other than the owner's. D. Planned Development Agreement As a of the approval of the "preliminary p:an', a "Planned. Development Agreement". shall be approve4 by the City Council as described in Section 52.09 Subdivision 6C. E. Annual Review and Termination The City Council, or by direction, the Planning Commission, shall review annually after approval of a "preliminary plan", the progress of each planned development to determine whether or not the appli- cant has substantially complied with the planned development agreement, and shall make note thereof in the minutes at a regular meeting. If the applicant has failed to comply with the planned development agreement, the City Council may, in its sole discretion, remove the superimposed planned development zoning by resolution, after a duly.advertised public hearing, and the land area within the planned development shall automatically; revert to its prior basic zoning classification. -34- division 8. LB - LIMITED BUSINESS DISTRICT A. Description' • Limited Business Districts: These are areas that are particularly exposed to residential neighborhoods and are thus suitable to those businesses compatible with nearby residential use (offices, clinics and the like.) B. Permitted Uses Within any "LB District, no structure or land shall be used except for one or more of the following uses, onuses deemed similar by the City Council: 1. Municipal buildings where the use conducted is customarily considered to be an office use. 2. Professional offices, banks and savings and loan. 3. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 4. Clinics for human care. 5. Institutional Uses: Library, swimming pool, church, public schools, religious centers, health centers, and community building. 6. Funeral homes and mortuaries. C. Conditional Uses Within any "LB" District, no structure or land shall be used for the following uses or uses deemed similar by the City Council except by conditional use permit: 1. Nursing homes, rest homes, retirement homes or hospitals for human care, day care centers, private schools. 2. Art, interior decorating, photographic or music studio provided no retail sales are made of products not manufactured onthe site. 3. Radio and television studios. 4. Private clubs and lodges 5. Historical buildings, museums, art institutions, galleries and play- houses. -35- .6. Off-street parking when the principal site of the off-street parking abuts on a lot which is in another zoning district. • 7. On -sale liquor in conjunction with a restaurant facility. 8. Restaurants- Class 1 only. D. Permitted Accessory Uses Within any "LB" District, the following uses or uses deemed similar by the City Council shall be permitted accessory uses: 1. Private garages, off-street parking and loading spaces, as regulated by this Ordinance. 2. Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary to complete said construction. 3. Public telephone booths provided all yard requirements are met. Subdivision 9. NB - NEIGHBORHOOD BUSINESS DISTRICT A. Description Neighborhood Business District: These are smallbusiness areas locate In the center of a residential neighborhood to serve the daily retail ne of adjoining residents. B. Permitted Uses Within any "NB" District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: 1. Retail Shopping Center developed under the following conditions: (a) An overall plan shall be submitted and approved by the City including architecture, parking, driveways; land- scaping' and screening before construction is commenced. 2. Retail Shopping Center uses shall be limited to the following unless -- similar uses are specifically approved by the City Council: Stores and shops selling the personal services or goods over a counter. These include: dairy store or quick -stop food store; bakeries; barber shop; beauty parlor; Christmas tree sales -(in- cluding outdoor sales); drugs; florists; gifts; hardware; hobby •' shops; laundry and dry cleaning; Laundromat; phonograph records; photography studios; shoes; sporting goods; variety stores; off - sale liquor store; restaurants with sit-down facilities only; clubs; lodges; sports & health clubs; indoor theater; offices & quick -print. -36- 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. . . 4. Offices of a general nature where the operations do not include retail sales or warehousing from the site. 5. Banks and savings & loan office. C. Conditional Uses Within any "NB" District, no structure or land shall be used for the following uses or uses deemed similar by the City Council , except through the granting of a Conditional Use Permit: • • 1 1. Outdoor storage or sales and then only conducted by an occupant of the shopping center. 2. On -sale liquor 3. Automobile service stations which may be permitted under the following conditions: (a) The size, location, design and number of stations shall be approved by the City as a part of the approval of the overall design required under paragraph 3.2(1). (b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum of 10,000 square feet of retail shopping center floor space. (c) The service station shall provide service bays for minor repairs and service only and shall be designed to serve adjoining resi- dents and not transients. (d) Access shall be approved as a part of the approval of the overall plan. (e). Rental of trailers or similar vehicles shall not be permitted. 4. Banks and savings & loan offices with drive -up tellers. 5. Animal clinic when contained within a building. Permitted Accessory Uses Within any "NB" District, the following uses or uses deemed similar by the City Council shall be Permitted Accessory Uses: 1. Accessory Uses as permitted in any other Business District. 2. Essential service facilities such as printing shops and cafeterias which are accessory and customarily associated with the principal use. -37- Subdivision 10.. GB - GENERAL BUSINESS DISTRICT A. Description General Business District: These areas are designed fo.r heavij uses and those businesses which tend to serve other businesses and industry, as well as residents. these uses can be in- compatible with residential development, therefore; businesses in this zoning classificatioh are concentrated and insulated as much as possible from residential areas. - B.. Permitted Uses Within any "GB" District no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council! 1. Offices where goods are not produced, 2. Lumber, heating and plumbing shops and similar constru- tional material sales and service facilities (outdoor storage subject to conditional use). 3. Wholesale office, sales or showroom for furniture, carpets and rugs and similar household goods. 4. Bowling alley, tennis club, skating, theater, archery and similar commercial recreation facilities when contained within a building. 5. Car wash (motor fuel sales subject to conditional use). 6. Auto accessories sales (service facilities subject to conditional use). 7. Storage facilities contained within a building (outdoor storage subject to conditional use). 8. Rental shop (outdoor display or storage subject to . conditional use). 9. Animal hospital or clinic when contained within a building. 10. Television and radio studios (towers subject to condi- tional use). 11. Stone or monument sales (outdoor display or storage subject to conditional use). 12. Private clubs and lodges, or health clubs. 13. Armories or conventional hall. • 4111 -38- 14. Motor vehicle sales when conducted entirely within d, building (outdoor sales and/or storage subject to condi- tional use). 15. Small engine appliance or repair conducted entirely within a building. 16. Research testing laboratories conducted within a bullring. 17. Garden store when conducted within a building (outdoor sales subject to conditional use). 18.. Bicycle, boat, motorcycle, snowmobile sales and service (outdoor display or storage subject to conditional use). 19. Printing Business. .C. Conditional Uses Within any "GB" District, no structure or land shall be used for the following uses or uses deemed similar by the City Council except through the granting of a conditional use permit: 1. Motor fuel sales either as a principal use or accessory use 2. Outdoor sales or storage of motorized vehicles. 3. Motor vehicle repair or service facilities. 4. Outdoor research or testing facilities. 5. Outdoor sales as principal use: or as accessory to principal use of property. 6. Outdoordisplay for rental shop. • 7. Retail,.sal.'es of liquor as part of any facility. 8. Restauraft.facil.i.ties .or .food sales. 9. Animal kennels. 10. Truck stops. D. Accessory Uses Within any "GB" District the following uses or uses deemed similar by the City Council shall be permitted accessory uses: 1. Accessory Uses as permitted in any other Business District. -39- Subdivision 11 - CSC COMMUNITY SHOPPING CENTER DISTRICT A. Description • Community Shopping Center District: These are areas located in the . center of several residential neighborhoods to serve the weekly needs of adjoining residents and a population from 10,000 to 40,000 persons. B. Permitted Uses Within any "CSC" District, no structure or land shall be used except" for one or more of the following uses or uses deemed similar by the City Council: 1. Retail Shopping Center developed under the following conditions: (a) An overall plan shall be submitted and approved by the City including architecture, parking, driveways, landscaping and screening before construction is commenced. (b) Initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as described in paragraph A above. 2. Retail shopping center uses shall be limited to the following uses unless similar uses are specifically approved by the City Council. Stores and shops selling the personal services or goods over a counter. These include: antiques; art and school supplies; bakeries; barber shop; beauty parlor; bicycles; carpets and rugs; catering establishments; china and glassware; clothes pressing; wearing apparel; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; electrical and household appliances; florists; food; furniture; furrier shops; garden supplies; gifts; hardware; hats; hobby shops; interior decorating; jewelry; watch repair; laundry and dry cleaning pick-up; laundromat; leather goods and luggage; locksmith shops; musical instruments; office supplies; paint and wallpaper; phonograph records; photography Studios; shoes; sport- ing goods; tailoring; theater, except open-air drive-ins; tobacco; toys; variety stores; grocery store; off -sale liquor; sports and health clubs; private clubs and lodges; and any use permitted under Sub. 12, para. 62 for the principal Shopping Center building only. 3. Offices for doctors, dentists, lawyers, real estate and similar uses to serve the adjoining residential area. 4. Restaurants - Class I only. 5. Offices of a general nature when the operations do not include retail sales or warehousing from the site. 6. Banks and savings and loan office. • • -40- C. Conditional Uses Within any "CSC" District, no structure or land shall be used for the following use or uses deemed similar by the City Council except through the granting of a conditional use permit: 1. Outdoor display or sales and then oily conducted by an occupant of the shopping center. 2. On -sale liquor. 3. Restaurants - Class 11. 4. Multiple Dwelling Complexes. 5. Transit station. 6. Car wash. 7. Automobile service stations under the following conditions: (a) The size, location, design and number of stations shall be approved by the City as a part of the approval of the overall design of the shopping center. (b) The opening of any service station shall follow and not precede the construction and occupancy of a minimum 20,000 square feet of retail shopping center floor space. (c) The service station shall provide service bays for minor repairs and service only and shall be designed to serve adjoining residents. (d) Directaccess shall orient toward the interior of the shopping center and not directly from peri- pheral streets. (e) Rental of trailers and similar vehicles where adequate parking space is provided and as specifically approved with the granting of a con- ditional use permit. 8. Banks and savings & loan offices with drive -up tellers. 9. Bowling alley, skating, archery or similar commercial recreation when con- ducted entirely within a building. 10. Outside storage and sales of garden supplies. 11. Motel or hotel. D. Permitted Accessory Uses Within any "CSC" District, the following usesor uses deemed•similar by the City Council shall be Permitted Accessory Uses: 1. Accessory Uses permitted in any other Business District. -41- 2. Essential public service facilities such as public telephone booths. Subdivision 12 - RSC - REGIONAL SHOPPING CENTER DISTRICT A. Description • Regional Shopping Center District: This is an area designed to serve the monthly shopping needs of a population up to about 200,000 persons or a geographical area which extends beyond the corporate limits of the City of Eagan. B. Permitted Uses Within any "RSC" District, no structure or land shall be used except for one or more of the following uses or uses deemed sifnilar by the City Council: 1. Retail Shopping Center District developed under the following conditions: (a) Development shall only be under a Planned Development as provided by City Ordinance. (b) An overall plan shall be submitted and approved including architecture, parking, driveways, landscaping and screening. This shall include a preliminary plat of all lots, including those for peripheral de- velopments. (c) Initial construction of the shopping center shall include a minimum of 100,000 square feet of floor area to insure that the center will function as described ih paragraph A above: • 2. Retail Shopping Center uses shall be limited to the following unless similar uses are specifically approved by the City Council: Stores and shops selling the personal services or goods over a counter. These include: antiques; art and school supplies; banks; auto accessories; bakeries; barber shop; coin shops; beauty parlor; bicycles; books and stationery; ice cream stores; candy; hobby shops; cameras and photo sup- plies; carpets and rugs; florist; catering establishments; china and glass- ware;.garden store; gift shops; finance and savings & loan; clothes Ares - sing; clothing and costume rental; custom dressmaking; department stores and junior department stores; drugs; dry goods; hardware; locksmiths; electrical and household applicances; interior decorating; jewelry; watch repair; shoe repair; paint and wallpaper; printing shops; phonograph records; photography studios; shoes; leather goods; sporting goods; tailoring; theater, except open-air drive-in; small vehicle or boat sales; tobacco; toys; variety stores; wearing apparel; grocery store; off -sale liquor store; professional offices; medical & dental clinics; government Services; amusement rooms; health and sports clubs; pet shops; schools;, ticket agencies; travel bureaus. 3. Restaurants - Class I; Class II when access thereto is from the in- terior of the major,Shoppino Center building.. • -42- 4. Peripheral commercial uses, not a part of the shopping center building shall be permitted as follows: (a) Any use permitted under Subdivision 12, paragraph 62 except those that are only permitted by conditional use permit. (b) Garden store when outside storage is completely screened nom view. (c) Laboratories; medical, dental or research. (d) Motel or hotel. (e) Mass transit terminal or pick-up station. 5. Multiple dwelling complexes approved as a part of the Planned Develop- ment and subject to the requirements of the R-4 District. C. Conditional Uses Within any "RSC" District, no structure or land shall be used for the following uses or uses deemed similar by the City Council except. through the granting of a conditional use permit: 1. Outdoor display or sales and then only when conducted bj an occurant of the shopping center. 2. Automobile agencies, boat or marine sales as a peripheral coranercial use. 3. Motor fuel sales, service station, auto storage or repair facilities. car wash and automobile accessories sales or service as a peripheral use. 4. Fast food or restaurant with carry -out facilities or drive•in restaur- ant when developed separate from major shupping center building. 5. Bowling alley or similar commercial recreational facility when developed separate from the major shopping center building 6. Heliport. 7. On -sale liquor establishments. u. Lumber yards., home repair or remodeling shop.. 9. Multiple dwellings when integrated into a multi-uc•u strr:.ture and approved as a part of the Planned Development. -43- • Subdivision 3. - - 7ENNEL REGULATIONS. Every kennel shall be maintained and operated in. -a neat and 'sanitary manner. All refuse, garbage and animal waste shall be removed at regular intervals.so as to keep the surrounding area free from obnoxious odors.- No owner shall permit any of his animals to create any unusual noise from barking, howling or screeching, nor create any disturbance or nuisance of any kind whatsoever which unduly impairs the quiet and peaceable enjoyment of the surrounding area by other residents. SECTION 5.05. IMPOUNDING Subidivision 1. - - DISPOSING OF AN UALS. Any authorized person may impound any animal found running at large contrary to the provisions of this ordinance. In the event such owner is known he shall be notified. Any such animal that is not claimed within threw (3) days of impoundment may be destroyed in as humane a manner as possible or otherwise disposed of by the Village Council or duly authorized representative in such manner as it deems approe�_; e. Subdivision 2. - - FEES. . A. Any owner claiming any animal except horses and cattle so impounded shall pay an impounding fee in the sum of Ten ($10.00) Dollars plus Two and 50/100ths ($2.50) Dollars maintenance charge for each day such animal is impounded,; provided that in no event shall such total fees and charges for impounding such animals exceed the sum of Thirty-five ($35.00) Dollars. B. Any owner claiming any horse or cattle so impounded shall pay an, impounding fee in the sum of Twenty-five ($25.00) Dollars plus Five ($5.00) Dollars maintenance charge fo- each day such animal is impounded; ..provided that in no event shall such total fees and charges for impounding such animals exceed the sum of One hundred ($100.00) Dollars. Subdivision 3. - - GENERAL IMPOUNDING PULES. Any authorized and appointed person, shall impound such offending animal and may use whatever means -and force is necessary to take possession and impound said animal and 5 D. Permitted Accessory Uses Within any "RSC" District, accessory uses permitted in any other commercial district shall be permitted. Subdivision 13. RB ROADSIDE. BUSINESS DISTRICT .Description Roadside Business District: These are areas with good access located and developed primarily to serve the transient population --attracted by Interstate 35E, the Minnesota Zoological Garden or similar facilities. B. Permitted Uses Within any "RB" District, no structure or land shall be used except.for one or more of the following uses. or uses deemed similar by the City Council: C. 1. Motel or hotel 2. Restaurant - Class I only of.a minimum of 4,000 square feet. 3. Service station under the following conditions: (a) The service station shall follow and not precede development of either a motel or restaurant and shall have a minimum of two (2) service bays. (b) The design, location, public street access, architecture, landscaping and development shall• be compatible with the motel and/or restaurant as approved. by the City Council. 4. On -sale liquor with a motel, hotel or restaurant. 5. Mass transit terminal or pick-up station. 6. Commercial Recreational Facilities such as bowling alleys, tennis clubs, skating facilities and theaters, when conducted entirely within a building. Conditional Use Within any "RB" District, no structure or land shall be used for the following uses or uses deemed similar by the City Council except through the granting of a conditional use permit and only after a motel or restaurant has been constructed in the same general area; 1. Car wash of compatible architectural design. 2. Restaurant - Class II. 3.. Truck stops. -44- D. Permitted.Accessory Uses . .Within any "RS' District,.accessory uses.shall.be per- mitted as.permitted.in.any.other commercial district. -45- Subdivision 14 A. Area Standards and Requirements The following "Area Standards and Requirements" for Commercial Districts . shall be met and no improvements shall be placed on such lands unless the . lands to be so used or improved shall meet the following minimum area and dimensional requirements, unless otherwise approved under a "planned devel- opment". • LB NB GB .. CSC RSC : RB MINIMUM'BUILDING SETBACKS: SEE SECTION 30 feet 10 feet - - 30 feet 52.06 Subdivision 30 feet 10 feet 20 feet 30 feet 6C, 30 ft. 10 ft. - - 50 ft. for all 30 ft. 10 ft. - - 50 ft. Commercial 30 ft. 10 ft. - - 50 ft. Distric 30 ft. - 10 filo - - 50 ft. Along major, minor, arterial, State or Interstate Hwy. Along public streets: Side lot line: Rear lot line: Adj. to residential or Agricultural Dist. MINIMUM PARKING SETBACKS: 20 feet 5 feet . 20 feet 20 feet 5 feet 20 feet 20 ft. 5 ft. 20 feet 20 ft. 5 ft. 20 ft. 20 ft. 5 ft. 20 ft. 20 ft. 5 ft. 20 ft. Along public street: Side or rear lot line: Adj. to Res. or Ag.Dis MAXIMUM BUILDING COVERAGE: 20% 20% 35% 30% 30% 30% Coverage of Lot: MAXIMUM BUILDING HEIGHT: 30 feet 20 feet 35 ft. 35 ft. - - 35 ft. Maximum height: MINIMUM RETAIL FLOOR AREA: - - - - 20,000 sq.ft. 100,000 sq.ft - - • Minimum area (Initial bldg.) -46- B. ..Additional."Area.Standar..ds..and..Requirements" for Commercial Districts. T.he.following requirements are.in.addition..to those.in Section 52.07, Subdivision..14A...Wher.e..there.may.be a conflict,.those requirements under.thi.s.paragraph shall prevail: (1). Front Setbacks..-.Prevailing.....Wher.e.adjoining structures existing..at the. time. of the.adoption.of. this Ordinance have.a.different_setback.from.that.required, the front setback.of.a new.structur.e..shal.l.conform to the prevailing setback in the immediate -vicinity. The... Building Inspector shall deter.'mine.the..necessary.front yard setback. In such cases. (2) Side and.Rear.Setbacks.-.Party Walls.. Buildings may be excluded from side and rear .setback..r.equir.ements if party walls are used and.if the adjacent.bui.ldings are.constructed.as an integral..structure. This shall not permit structures.closer.to_r..estdenttal.districts, however, than.requir.ed.under....Section.52.0z,.Subdivision 14A. (3) Height.. The City Council may require .additional setbacks over those required.in Section 15.07,.Subdi- vision 14A, for buildings.or.structures.in excess of thirty-five.(35) feet.in height. .-47- Subdivision 15 I-1 LIMITED INDUSTRIAL DISTRICT A. Permitted Uses • Within any "I-1" District, no structure or land shall be used except for one (1) or more of the following use• or uses deemed similar by the City Council: .1.Conducting a.process, fabrication, storage or manufacturing.light materials or wholesaling operation or providing a service including any of the following or similar uses meeting the performance stan- dards applicable to the "I-1"District: 2. Automobile painting, upholstering, tire recapping, and major repair when ccnducted completely in an enclosed building. 3. Ice, cold storage plants, bottling works - 4. Offices .5. Machine and welding shops 6. Paper products 7, Tennis club, skating, theater, bowling alley or similar indoor commercial recreation 8. Radio and television • 9• Restaurants - Class I only. 10. Research laboratories 11. Trade school 12, Warehousing and wholesaling and related sales or showrooms. 13. Storage yards for building materials provided they are suitably screened. 14. Armories or convention hall 15. Animal hospital or clinic (with no outside kennels) • B. Performance Standards Applicants for building permits in the "I-1" district shall submit such evidences as may be required by the Building Inspector to assure compliance with the performance standards and the intent and purpose of the Limited Industrial District ("I-1".) Should the Building Inspector have any doubt as to the ability of any proposed use to meet • the required standards, the matter shall be referred to the Planning Commission which shall make a recommendation to the City Council to grant or deny the application. -48- C. Conditional Uses Within the "I-1" District, no structure or land shall be used for the following use or uses deemed similar by the City Council except by Conditional Use Permit: Open sales lots Truck and freight terminals Contractor's yards 4. Explosives, including all activities involving the storage, utilization or manufacture of materials or products such as TNT or dynamite which could decompose by detonation. 5. Open storage (primary and secondary use) 6. Sales yards for building materials 7. Sales and service for trucks or passenger cars 8. Rental lots 9. Dog kennels with outside pens and subject to Ord. No. 5 & revisions thereto. 10. Car or truck wash 11. Truck stops 12. Motor fuel sales D. Additional Lot Requirements 1. Not more than thirty-five (35) percent of the lot area shall be.occupied by building(s). Whenever an "I-1" District abuts an Agricultural, Residential or Public Facilities District, a fence or compact evergreen hedge not less than six (6) feet in height, except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, shall be erected and maintained in the front portion of the lot, along the side and rear property line that abuts said Agricultural, Residential or Public Facilities District whenever buildings or parking is located within 200 feet of said District. 4. Whenever an "I-1" District is across the street from a "R", "A", or a "P" District, the front or side yard adjacent to the street shall be landscaped.and have a.minimum depth of one hundred (100) feet. 5. Loading docks, truck parking, or open storage shall not be permitted on the side of an "I-1" District abutting an Agricultural, Residential or Public Facilities District. 2. -49- Subdivision 16 "I-2" GENERAL INDUSTRIAL DISTRICT A. Permitted Uses Within any "I-2" District, no structure or land shall be used except for one or more of the following use or uses deemed similar by the City Council: 1. Any use permitted as a permitted use or conditional use in the "I-1" District. 2. The manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: Brewing, cement, concrete, stone cutting, brick, glass, batteries, (wet cell), ceramic products, mill working, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat packing, flour, feed or grain milling, coal or tar asphalt distillation, rendering works, distillation of bones, saw- mill, lime, gypsum, plaster of paris, glue, size, cloth and similar uses. 3. Crude oil, gasoline or other liquid storage tanks B. Conditional Uses Within the "I-2" District, no structure or land shall be used for the following use or uses deemed similar by the City Council except by conditional use permit: 1. Refining of crude oil 2. Commercial stockyard, auction sales or slaughtering of animals 3. Creosote plant 4. Acid manufacture 5. Storage, utilization or manufacture of materials or products which could decompose by detonation. 6. Refuse or garbage disposal 7. Any activity which emits smoke darker than shade No. 3 on the Ringelmann Chart. 8. Auto wrecking, junk yard, used auto parts (open storage) and similar uses. 9. Incineration or reduction of waste material other than customarily incidental to a principal use. -50- • 10. Poison, fertilizer, fuel_br.iquettes. 11. Kilns, or other heat processes fired by means other • than electricity. 12. Explosives including al.l.utilization,.storage or manufacture of materials or.p.roducts such as TNT or dynamite which could decompose by detonation. C. Additional Lot Requirements The additional Lot Requirements for Industrial (I-1) e. nI-2jparagrafh "D") shall also be requiredforIndustrial( -51- Subdivision 17 "R-D" RESEARCH AND DEVELOPMENT DISTRICT A. Purpose The purpose of this Section is to create a use district which will permit, subject to the following regulations, restrictions and con- trols, professional research and development and limited industrial structures and operations which will be compatible with the pre- dominantly residential character of surrounding areas so as to pre- serve for the residents of the City of Eagan the full use, benefit, and enjoyment of their hares and property. It is not the purpose of the Section to permit ordinary and usual types of industrial structures and operations which more appropriately qualify only under the foregoing Industrial, classifications. . B. Use No land so classified shall be used or occupied for any purpose other than as hereinafter provided or uses deemed similar by the City Council: C. ' Permitted Uses D. E. 1. Researchand development laboratories 2. General Offices 3. Light manufacturing and processing of a type producing' negligible smoke, dust, odor, fumes or noise when conducted in conjunction with permitted uses (1) or (2) hereinabove and compatible with Paragraph A above. 4. Agriculture 5.. Any combination or permitted uses 1. through 2. Permitted Accessory Uses 1., Recreational areas of employees. 2. Guest houses owned uses. and similar uses for the primary benefit and maintained in conjunction with permitted Additional Lot Requirements The Additional Lot Requirements for Industrial I-1 (Section 52.07 Subdivision 16, para. D) shall also be required for the RD District except that not more than twenty (20 ) percent of the lot area shall be occupied by building(s). -52- Subdivision 18 ADDITIONAL STANDARDS AND REQUIREMENTS FOR INDUSTRIAL DISTRICTS (I-1, I-2 and RD) The following requirements are inaddition to those in • Section 52.07 Subdivision.15, 16, 17 and 19. Where there is a conflict, those requirements under this paragraph shall prevail: (1). Front Setbacks - Prevailing. •Where adjoining struc- tures exist at the time of the adoption of this Ordinance have a different setback from that required, the front setback of a new structure shall conform to the prevailing setback in the immediate vicinity. The Building Inspector shall determine the necessary front yard setback in such cases. (2) Side and Rear Setbacks - Party Walls. Buildings may be excluded from side and rear setback requirements if party walls are used and if the adjacent buildings are con- structed as an integral structure. This shall not permit structures closer to residential districts, however, than required under this Ordinance. (3) Height. The City Council may require additional set- backs over those required in Section 52.07 Subdivision 19, for buildings or structures in excess of forty (40) feet in height. (4) Landscaping. A minimum twenty (20) foot wide land- scaped yard shall be maintained along all public streets and a minimum five (5) feet landscaped yard shall be maintained along other sides except where otherwise approved by the City Council in granting a building permit. Additional landscaped yards are required where industry is adjacent to or across the street from an "R", "A", or "P" District. (See "Additional Lot Requirements") -53- • • shall have the power to destroy it if all other reasonable.means therefore are ineffective, without being liable therefore in any manner whatsoever to the owner of such animal. No person shall in any manner whatsoever interfere with the lawful taking into possession and impounding of any animal as authorized . herein. SECTION 5.06. - - DISEASED OR VICIOUS ANIMALS Any animal capable of biting and injuring a human, or which attacks or seriously molests any person may be killed by such person in self defense, or by others in his behalf without incurring any liability to its owner; provided, however, that when any such person has been attacked by an animal suspected of being or known to be rabid, the offending animal shall not be killed unless it cannot safely be secured. The secured animal shall be observed for symptoms for a period of ten (10) days after such attack. If the animal on the tenth day shows benical symptoms suggestive of rabies, the observation period shad be extended by the Village Council for such period, upon competent medical advice, as it deems appropriate. SECTION 5.07. - - HORSES Subdivision 1. - - RIDING PROHIBITED. No person shall ride or drive any horse or horses within the Village of Eagan on any public property not. duly dedicated for roadway or bridle path purposes, or upon any private property without the permLssion of the owner thereof, and any person riding or driving a horse or horses upon any public or private property not duly dedicated for roadway or bridle path purposes shall be deemed to be an unlawful trespasser on said property. Subdivision 2. - - REGULATION OF HOURS. It shall be unlawful to drive or ride any horse upon any street, alley or highway within the Village before the hours of 7:00 o'clock A.M. and not later than 9:00 o'clock P.M. 6 Subdivision 19 Minimum Requirements for Lot Area, Width, Frontage, Height, Yards, Ground Floor Area for "R-D" and "I" Districts USE SYMBOL DISTRICT LOT AREA LOT WIDTH SETBACK (FROM PUBLIC STREET)(See Section 52.06 Subdivision 6C) SIDE YARD SETBACK ABUTTING "A", "R" OR "P" DISTRICT (ANY YARD) REAR YARD SETBACK HEIGHT LIMITATIONS R-D Research and Devel-. opment 40 acres 300 feet 60 feet 40 feet 100 feet 40 feet 45 feet I-1 Limited Industrial 1/2 acre 100 feet 40 feet 20 feet 1 100 feet 30 feet 40 feet I-2 General Industrial 1 acre 200 feet 40 feet 20 feet 100 feet 30 feet. 40 feet u1 A • For R-D District, the minimum required 40 acre lot shall only pertain to the initial planning and rezoning and shall not preclude the subsequent subdivision of an area into small lots for development in accordance with plans for the overall area initially rezoned. • Subdivision 20 FLOOD PLAIN DISTRICTS Flood Plain Districts may be established under normal procedures for zoning property established by this Ordinance. Flood Plain District zoning shall pertain to those areas of the City subject to periodic flooding. Flood Plain Districts shall be a zoning in addition to the base zoning district, Where a conflict may arise between the requirements of the base zone or the overlying "Flood Plain" zoning, those requirements or requirements or regulations related to Flood Plain zoning shall prevail. Flood Plain District regulations shall be established by a separate City Ordinance related thereto. -55- SECTION 52.08 PERFORMANCE STANDARDS Subdivision 1. PURPOSE: The guiding of urban development so as to develop a 0 compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts, conditional and accessory uses shall conform to the following standards: A. NOISE: Any use producing noise shall be in conformance with the- - minimum standards as adopted and enforced by the Minnesota Pollution Control Agency. B. SMOKE AND PARTICULATE MATTER: Any use established, enlarged, or remodeled after the effective date of this Ordinance shall be so operated as to meet the minimum requirements of the Minnesota Pollution Control Agency regarding emission of smoke and par- ticulate matter. C. TOXIC OR NOXIOUS MATTER: The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the Minnesota Pollution Control Agency. D. ODORS: The discharge of odors shall conform with the air quality standards as adopted by the Pollution Control Agency. E. VIBRATIONS: Any use creating periodic earth shaking vibrations shall be in conformance with the minimum standards concerning vibration as adopted and enforced by the Minnesota Pollution Control Agency. F. GLARE AND HEAT: Any use producing heat or light transmission shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency. G. WASTE MATERIAL: Waste material resulting from or used in Industrial or Commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the City Engineer which is consistent with the policies and standards of the Minnesota Pollution Control Agency. H. BULK STORAGE (LIQUID): All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemical and similar liquids shall comply with the requirements of the Minnesota State Fire Marshalls and Minnesota Department of Agriculture •Offices and have documents from those offices stating the use is in compliance. RADIATION EMISSION: All activities that emit radioactivity shall comply with the minimum requirements of the Minnesota Pollution Control Agency. -56- • • d. ELECTRICAL.EMISSION: All.acttvities.whtch.create electrical emissions..shal.l comply with the.mi.nimum requirements of the.Feder.al._Communications.Commis- sion. K. EXPLOSIVES: Any use.requir.i.ng thestorage,.. utiliza- tion or manufacturing of products_which.could de- compose by detonation .shall be. located not.less than . four -hundred (400) feet from the "R" District line. .-57- SECTION 52.09 ADMINSITRATION AND ENFORCEMENT Subdivision 1. ENFORCING OFFICER A. The Council shall designate a City Employee who shall be primarily responsible for the enforcement of this Ordinance. B. The Enforcing officer shall enforce this Ordinance and in furtherance of said authority, may: (1) Enter upon the land or within a building during reason- able working hours as found necessary to fulfill his duties as Administrator of this Ordinance. (2) Conduct inspections of buildings and use of land to determine compliance with the terms of this Ordinance. (3) Maintain permanent and current records of this Ordinance, including but not limited to, maps, amendments and conditional uses, variances, appeals, certificates of occupancy and appli- cations thereto. (4) Institute in the name of the City of Eagan, appropriate actions or proceedings against a violator as provided by law. • (5) Establish and enforce necessary or desirable regulations in writing, clarifying or explaining any provision of this Ordinance. Subdivision 2. BOARD OF APPEALS AND ADJUSTMENTS A. Members. The Board of Appeals and Adjustments for the City of Eagan shall consist of the individual members of the City Council, and the Chairman and Secretary of the Planning Com- mission. B. Functions of the Board of Appeals and Adjustments (1) The Board shall make written recommendations to the City Council on variance petitions received under this Ordi- nance. (2) The Board of Appeals and Adjustments shall consider and advise the City Council upon all appeals from decisions of the Building Inspector under the Building,Codes and Ordi- nance, and determinations made by administrative officers • in the enforcement of this Zoning Ordinance and such other matters as may be diredtly referred to it by the Council. -58- C. Procedures and Organization of the Board of Appeals and Adjustment (1) The Board may establish its own rules of procedure, which shall not be inconsistent with or contrary to the statutes. of the State of Minnesota.or the ordinances of this City. The Board may appoint such officers as it deems necessary, including a Chairman and Secretary. (2) The Board shall keep written records of its minutes, its pro-, ceedings and the findings and determinations made by it on all matters. 13) All findings and determinations of the Board shall be advisory to the Council and shall have no binding effect. The City Council may take such action on the findings and recommendations of the Board as it deems proper under the circumstances. Subdivision 3 VARIANCES A. Purpose The City Council may grant variances from tyre strict applicatior of the provisions of this Ordinance and ir,ptse conditir^c are safeguards in the variances so granted where pritctical diffi- culties or particular hardships result from carrying out the strict letter of the regulations of this Ordinance. B. Petition A petition fora variance shall be filed with the City Council ar:c. shall state the exceptional conditions anc the peculiar ere prac- tical difficulties claimed as a basis for a variance. The petition shall also include the name and addriwas of each owner of directly abutting property along each side of the property under considera- tion. Said abutting property owners shall be notified by th:.rity Clerk of the time and place said variance petition will be con. sidered by the Board at least ten (10) days prior to said consiaer- ation. C. Referral to the Board of Appeals and Adjustrent Before authorization of any variance, the request therefor shall be referred to the Board of Appeals and Adjustment for study con- cerning the effect of the proposed variance upon the Comprehensive Guide Plan and on the character and development of the neighborhood and for its recommendation to the Council, in connection with such request. The Board shall make its recommendation within sixty (60) days after the request is referred to it and within that time the City Council may act without the recommendation. The Board may recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure or use as it may deem advisable. -59- D. Issuance The Board may hold a public hearing on the variance request if they deem it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in Section 52.09 Subdivision 5D except that the public hearing shall be held by the Board. If the Council shall determine that the special conditions applying to the structures or land in question are peculiar tc sue?, property or immediately adjoining property and do not apply gener- ally to other land or structures in the district in which said lan,. is located, and that the granting of the application is necessary for the applicant and that granting of the proposed variance will not be contrary to the intent of this Ordinance and the Compre- hensive Guide Plan and that the granting of such variance will nci merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty, the Council ray grant such variance and impose conditions and safeguards therein. E. Referral to Planning Commission The City Council may refer any variance petit+on to the Planning Commission for review and recommendation. F. Denial variances may be denied by the Council and such denial shall con• stitu;:e a finding and determination that the conditions required for approval did not exist. G. Lapse of Variance A variance shall become void one year -after it was granted unless made use of within the year or such longer period as the Council may provide. Subdivision 4 CONDITIONAL USE PERMITS A. Purpose In order to give the district use regulations -f this Ordinance the flexibility necessary to achieve the objectives of the Com- prehensive Guide Plan in certain districts, conditional uses are permitted subject to the granting of a use permit. Conditional uses inctuda those uses generally not suit>ble in a particular zoning district but which may, under same circumstances, be suit- able. When such circumstances exist, a conditional use permit nay be granted. Conditions may be applied to issuance of a permit ail: a periodic review of the permit may be required. The permit sha1-, be issued for a particular use and not for a particular person or firm. B. Petition, Public Hearing, Except as otherwise noted the 'petition, public heari ments for conditional use Amendments to the Zoning Subdivision 5. Notice and Procedure and provided under this subdivision 4, ng, public notice and procedural require - permits shall be the same as those for Ordinance" provided in Section 52.09 -60- C. Action by the City Council The City Council may grant a conditionaluse permit as. the use permit was. applied for if in modified form, if it.deter- mines that the proposed location of the conditional use is in accord with the objectives of the Comprehensive Plan, and the purposes of the district in which the site is located and that ; it would not be materially injurious to properties or improve- ments in the vicinity. The City Council may grant a conditional use . permit only by an affirmative of a majority of the Council consisting.of a quorum: • D. Lapse of Conditional Use Permit: • A conditional use permit shall become void one (1) year after it was granted bliless made.use of within the year or suchi onner period as the City Council within the year, may provide. Revocation A violation of any condition set forth in a conditional use permit shall be a violation of this Ordinance and also automatically terminate the conditional use permit. ;ut vision 5 • AMENDMENTS (INCLUDING ZONING) A. Purpose The purpose of this Ordinance may be amended by the majority vote'of the Council except that amendments changing the bound- aries of any district or changing the regulations of any existing district may only be made by an affirmative vote of 4-5 of the City Council. B. Initiation Proceedings for amendment of the Ordinance shall be initiated by: (1) a petition of the owner or owners of the property which is proposed to be rezoned; (2) a recommendation of the Planning Commission; or (3) by -action of the Council. C. Petitions All petitions for amendments which are initiated by the owner or owners of the property shall be filed with the City Clerk and if the application involves the changing of zoning dis- tricts and boundary thereof, the application shall be accompa- nied by an abstractor's certified property certificate showing the property owners, within three -hundred and fifty (350) feet of the outer boundaries of the property in question. The petition.. shall be forwarded to the Planning Commission by the City Clerk. -61- D. Public Hearing - Notice and Procedure The•Planning Commission shall hold at least one (1) public hearing affording the parties interested the opportunity to be heard and shall give not less than ten (10) days nor more than thirty (30) days notice .of.the time and place of such hearing, published .in the designated.legal newspaper for the City. Such notice shall also include the description of the land and the proposed.changes.in. -. zoning. At least ten (10).days before the hearing, the, City Clerk shall mail an identicalnotice to the owners of .. the property and to each of .the prooerty owners within three -hundred -fifty (350) feet.of the outside boundaries.of the land proposed to be rezoned. Failure.to.give mail no- tice to individual_property owners,.or defects in.the no. . tice shall not invalidate the proceeding,.provided.a.bona-. - fide attempt to comply with this subdivision .has.been.made... The City Council may waive the above.mailed.notice.r.equtre-.... ment in connection with -a City-wide.. zoningor amendment to. the text nf.this Ordinance, initiated by the .Planning Commission or .City Council. 'E. Referral to Planning Commission The City Council shall not rezone any land.or area in any zoning district or make any other proposed.amendment to . this Ordinance without.first.having.refer.r.ed.it.to.the ... Planning Commission for.their..consideration and.recommen- dation. F. Petitions for rezoning shall_include.a.detailed_map_showing the number of acres in each separate_zoning.district. G... If the Planning.Commission fails to.make.a.report.within. sixty (60) days after receipt of.the.application,.the City Council may act without the recommendation. .The • . Council may grant the petition in whole or in part or.it may continue the petition from time.to time, for.further . investigation and hearing. The.Council.may also request further information and report fr.om.the.Planning Commis- sion. • --62- Suaivision 6 • PLANNED DEVELOPMENT A. Purpose • Planned Development Districts, which.aresupplementing:to all other zoning districts may be established or the boundaries thereof may be changed under the requirements of Section 52.09 Subdivision 5 for zoning, except as otherwise provided by this Subdivision 6. • B. Petition All petitions for Planned Developments shall be the same as required by Section 52.09, Subdivision 5C for zoning, and include the addition of the following: (1) All of the information required under Section 52.07 Subdivision 7. (2) Sketch Plan a. Streets: This shall include the proposed locations ofaTT ajor and minor arterials and collector streets. The details of local access streets are not required with the Preliminary Development Plan. b. Utilities: This shall include proposed general pans or sanitary sewer and water trunks and storm sewer trunk and holding ponds. Detailed plans are not required at this time. c. Lots and Blocks: The property may be divided into blocks only at this time. Detailed lot design is not required with the Preliminary Development Plan. d. Future Platting: None of the above is meant to circumvent platting required prior tobuilding con- struction or the requirements of Ordinance No. 10. The above states the minimum requirements for the Preliminary Development Plan stage. The develop- er, at his option, may provide greater detail at this stage. Without detailed lot pla^s, another pre- liminary plat hearing will be needed as development ensues. (3) Staging Plan This shall include the proposed sequence of development in terms of years or range of years of all areas of the Planned Development. It shall include staged develop- ment of structures, utilities, streets, walkways and dedi- cation of parks, ponds or open space. -63- • Subdivision 3. - - GENERAL TRAFFIC REGULATIONS TO BE OBSERVED. Every person riding a horse en any street, alley or other public highway within the .Village shall observe all traffic rules.and regulations applicable thereto. Subdivision 4. - - RIDING MORE THAN TUO ABREAST PROHIBITED. When- ever groups of more'than two persons are riding horses together on any street, alley or other public highway within the Village, they shall not ride more than two abreast, and shall at all times govern and control their horses as not to unnecessarily interfere with other traffic thereon. Subdivision 5. - - SPEED, RACING PROHIBITED. No person shall at any time race one horse against another while riding on any street, alley or other .public highway within the Village; and no person shall at any time ride a horse at a speed greater than a trot on any street, alley or other public highway within the Village. • , SECTION 5.08. - - STABLES: .SANITARY PREMISES REQUIRED Subdivision 1. - - STABLING HOOFED ANIMALS. No person.ahall stable, pasture or permit to remain any hoofed animal on any lot or premises within any agriculturally zoned district of less than five (5) acres or within a residential, multiple dwelling or commercially zoned district in the Village. In any event, structures where such animals are kept shall be maintained in . & clean and sanitary condition and in such a manner as not to cause a nuisance. The Village Council or its representatives may cause to inspect such premises for the purpose of determining whether violations of this section have occurred. Subdivision 2. - - ADJACENT PROPERTY. Any hoofed animal being stabled, pastured or permitted to remain on property according to Subdivision 1 of this Section shall be kept at least 100 feet from adjacent residence, unless . permission of the adjacent property owner is granted. Subdivision 3. - - FENCES. Fences shall be maintained in accordance with standards set by the Village Council or by standards set forth by Minnesota Statutes. 7 (4) Parks and Pedestrian Circulation This shall include the exact location and dimen- sion of public parks, ponds and trails proposed to bededicated to the City. It shall also in- clude a proposed pedestrian circulation plan re- lated to the City's plan for a "trail system." (5) Land Use.Plan Thisshall.inlcude..an area-to-area.designation of the type..of use(s).pr.oposed with..cor.r.espond- ing.acreage and.densities...The Land Use Plan shall show the.ultimate_development (in blob form) proposed for the.entire.property, i.e., major, minor or collector streets,.par.ks,.trails,.ponds or open space,.residential,.commercial,.industrial or institutional development. (6) All of the'above shall constitute the "Preliminary Development Plan". C. Planned Development Agreement (See Section 52.07 - Subd. 70) (1) Prior to establishing a.Planned Development Dis- trict, a Planned Development Agreement, detailing the manner and proceduresunder which the Planned Development shall bedeveloped, shall be adopted by the City. Council. (2) Said "Planned Development .Agreement" .shall .incl;de as a minimum, but not limited to: a. A clear identification of the plans and maps which form the preliminary plan. These shall be attached and a part of the agreement. b.-..A statement of the.number and type of dwel- ling.units that are being approved. c. Method of satisfying park. dedication.require- ments. D. Final Develgpment.Plans Prior to the construction or the issuance of building permits, the following information shall be approved. This may be approved in stages as development ensues. (1) Final Plat: This shall.be in accordance with Ordi- nance No. 10 and revisions thereto. -64- 0 • (2) Final Building Drawings and Specifications: These shall be presented to the Building Inspector for review and recommendation to the Planning Commission and City Council. (3) Final Site Plans and Landsca a Schedule: Yhese shall be presented to -the City Staff for review and recommendation to the Planning Com- mission a-nd City Council.. These shall be scaled drawings and include all site detail. Excavation. Permit Prior to approval of all details related.to the "Final Development Plans", the City Council may grant an excavation permit. -65- Subdivision 7 ' SPECIAL PERMITS A. Petitions for special permits as: described in Section 52.06411 Subdivision 19C shall be filed with the City Clerk. Said petition shall include a clear and complete description of the proposal. B. The City Council shalll review petitions for special permits . at their next meeting. Approvals by the City Council may include special conditions related thereto. Subdivision 8 BUILDING PEkMIT REVIEWS A. Purpose In order to insure compliance with the intent and purpose of this, Ordinance and compatibility with adjacent uses. the City Council shall review and approve all building permits for commercial, industrial, public or multiple residential buildings before same is finally issued by the City Building Inspector. • B. Petition In addition to completing the application for a building per- mit. the petitioner shall provide the following information: (1) A landscape plan as required under Section 52.06 Subdivision 15. (2) Building Plans including scaled elevation plans. (3) A detailed and dimensional site plan. (4) Drainage and utility plans. C. Procedure (l) All information shall be submitted to the staff and Plan:_ ning Commission for review and recommendation to the City Council. (2) The City Council shall take the final action. 0 -66- • •ubdivision 9 PETITION FORMS The for ally of Eaan shall petitions requiredovide underthe thisecessary etition forms Ordinance. Subdivision 10 FEES The required fees to be paid for each petition required under this Ordinance shall be established by separate resolution of theity Wherencil and saidhe feesedocnotule coverybe costsevised from incurred by the City in the processing of the petition, the petitioner shall be required to pay additional fees upon receipt of an Itemized invoice from the City. Subdivision 11 PENALITIES Any person who shall violate any provisions of this Ordi- nance shall be deemed guilty of a misdemeanor and shall be punished by a fine of not to exceed three -hundred dollars ($300.00) or imprisonment in the county jail for not more than ninety (90) days, or both, for each offense. Each day of violation shall be considered a separate offense. Subdivision 12 VALIDITY The invalidity of any part of this Ordinance as declared by. a court of competent jurisdiction shall not affect the vali- dity of the remainder thereof. Subdivision 13 CONFLICTING ORDINANCES REPEALED A11 ordinances and parts of ordinances in conflict herewith are hereby repealed. Subdivision 14 EFFECTIVE DATE This amended ordinance shall become effective from and after the date of its publication according to law. • CITY COUNCIL February 18, 1975 CITY OF EAGAN (1- TTEST: s/Alyce Bolke By:s/Herbert H. Polzin City Clerk Mayor Published on 4-24-75 -67- • • CITY OF EAGAN AUSNDIZNT TO ORDINANCE NO. 52 - ZONING ORDINANCE THE CITY COUNCIL OF THE CITY 0P EAGAN, DAROTA COUNTY, iIINNESOTA DOES HEREBY ANEND ITS ORDINANCE N0. 52 AS FOLLOWS: SECTION 52.06 - Subd. 27 - COMMERCIAL & INDUSTRIAL SITE DEVELOPMENT A11 of the "Site Design and Development Procedures" provided in Section 52.06, Subdivision 24 B pertaining to landscaping, drainage, curbs, walkways, surfacing, burying utilities, trash incinerators and garbage, lighting, natural features, public safety and existing and proposed contours shall also be required for any development in an LB, NB, GB, CSC, RSC, RE, I-1, I-2, RD, P or PD District unless said requirement is specifically removed by the City Council when reviewing an application for a building permit. SECTION 52.09 - Subd. 4C - ACTION BY THE CITY COUNCIL The City Council may grant a conditional use permit as the use permit was applied for or in modified form, if it determines that the proposed location of the conditional use is in accord with the objectives of.the Comprehensive Plan, and the purposes of the District in Which the site is located and that it would not be materially injurious td.properties or improveWents in the vibinity. The City Council may grant a conditional use. permit only by an affirmative vote of a majority of the Council consisting of a quorum. SECTION 52. 09 - Subd. 5A - PROVISIONS The provisions of this Ordinance may be amended by the majority vote of the Council except that amendments changing the boundaries of any district or changing the regulations of. any existing district may only be made by an affirmative vote of 2/3rds of all members of the City Council. SECTION 52.09 - Subd. 5D - PUBLIC HEARING - NOTICE AND PROCEDURE. Add the following: " An amendment to the text of Ordinance No. 52, however, shall also require a public hearing as described above". SECTION 52.09 - Subd. 10 - FEES The required fees to be paid for each petition required under this Ordinance shall be established by separate resolution of the City Council and the fee schedule may be revised from time to time. In addition, the petitioner shall.pay all reasonable costs incurred by the City for review and inspection, including preparation of reports and review of plans by the City Engineer, City Attorney, and City Planner or other members of the staff, and costs of a similar nature. This payment shall be made by the petitioner upon receipt of an itemized invoice from the City and said payment shall be in addition to the fee required with the petition and herein above provided for. -1- • • • SECTION 52.06 - Subd. 28 - JOINT PARKING FACILITIES Required parking facilities serving two or more uses may be located on the same lot or in the same structure except in Residential Districts provided that the total number of'.parking spaces so furnished shall be not less than the sum total of the separate requirements for each use during any peak hour parking period when the parking facility is utilized at the same time by two or more uses. Conditions required for joint use are; 1. The proposed joint parking space is within 400 feet of the main entrance of the use it will serve. 2. The applicant(s) shall show that there is no substantial conflict in the principal hours of the two or more buildings or uses for which joint use of off-street parking facilities is proposed; and 3. A properly drawn legal instrument approved by the City Attorney, executed by the parties concerned for joint use of the off-street parking facilities shall be filedwith the Clerk. Said instrument may be a three or more party agreement including the City. SECTION 52.07 - Subd. 3 - B. CONDITIONAL USES Within any Agricultural District no structure or land shall be used for the following use or uses deemed similar by the City Council except by conditional use permit: 4. Nursery schools and day care centers. SECTION 52.07 - Subd. 4 - B. CONDITIONAL USES Within any R-1, R-2, P.-3, R-4 or R-5 District, no structure or land shall be used for the following use or uses deemed similar by the City Council except by conditional use permit. 2. Nursery schools and day care centers. SECTION 52.07 - Subd. 8 - C. CONDITIONAL USES • Within any "LB"'District, no structure or land shall be used for the following use , or uses deemed similar by the City Council except by conditional use permit: 8. Restaurants - Class 1 only including, those granted a permit according to applicable Eagan ordinances to serve 3.2 beer or wine. SECTION 52.07 - Subd. 9 - C. CONDITIONAL USES Within any "NB" District, no structure or land shall be used for the following use or uses deemed similar by the City Council, except through the granting of a conditional use permit: 2. On -sale liquor, wine or 3.2 beer. SECTION 52.07 - Subd. 10 - C. CONDITIONAL USES Within any "GB" District, no structure or land shall be used for the following use. or uses deemed similar by the City Council except through the granting of a conditional use permit: 7. Retail sales of liquor, 3.2 beer or wine as part of any facility. -2- March 1976 • • • SECTION 52.07.- Subd. 11 - C. CONDITIONALL USES Within any "CSC" District, no structure or land shall be used for the following use oruses deemed similar by the City Council except through the granting of a conditional use permit: 2. On -sale liquor, 3.2 beer or wine. . SECTION 52.07 - Subd. 12 - C. CONDITIONAL USES • Within any "RSC" District, no structure or land shall be used for the following use or uses deemed similar by the City Council except through the granting of a conditional use permit: 7. On -sale liquor, 3.2 beer or wine. SECTION 52.07 - Subd. 13 - B. PERMITTED USES Within any "RB" District, no structure or land shall be used except for one or more of the following use or uses deemed similar by the City Council: 4. On -sale liquor, 3.2 beer or wine with a motel, hotel or restaurant. SECTION 52.09 - Subd. 8 - BUILDING PERMIT REVIEWS A, Purpose. In order to insure compliance with the intent and purpose of this Ordinance and compatibility with adjacent uses, applications for building permits shall be approved according to this Subdivision. B. Petition. The applicant shall submit the following together with an application according to City requirements: (1) A landscape plan as required under Section 52.06.Subdivision 15. (2) Building Plana including scaled elevation plans. • (3) A detailed and dimensional site plan. (4) Drainage and utility plans. C. Procedure. (1) A11 building permit'applications shall first be reviewed by staff and be incompliance with.Ordinance No. 36 - Building Code. (2) Applications for building permits on unplatted property for all uses other than for single family shall be reviewed by the Advisory Planning Committee prior to final action by the City Council. (3) Applications for building permits requiring variances, conditional • use permits or special permits or not in compliance with all ordinances shall be reviewed by the Advisory Planning Committee prior to final action by the City Council. (4) The City Building Inspector shall review and may approve all other applications for building permits. • ATTEST: CITY COUNCIL - CITY OF'EAGAN Alyce Bolke, Clerk Herbert Polzin, Mayor Original Ordinance dated: February 1S, 197$ This Amendment adopted : Amendment published in Dakota County Tribune: • • . CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDWIENT TO ORDINANCE I20. 52 - EAGAN ZONING ORDWA'10E THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, I"It1NESOTA DOES HERR!Y AMEND ITS ORDINANCE N0. 52 AS FOLLOWS: SECTION 52.06 -- GENERAL PROVISIONS Subdivision 5. -- Accessory Buildings and Structures B. No accessory building or structure other than a fence or a temporary construction office shall be permitted on any lot in an "E" or "R" district prior.to the tine of construction of the principal building to which it is accessory, except a residential garage, which prior to the construction of a residence can be used only for storage' purposes pertaining to and until the completion of the main structure. C. No accessory building shall be leas than the minimum required setback - for the principal building along the. street, side, and rear lot lines ' as required by Section 52.07 Subd. 5. Subdivision 19.:-- Additional Requirements, Exceptions and Modifications. The requirements and standards specified heretofore in this Ordinance shall • be subject to the following! A. Height Limitations. Height limitations as set forth in "E" and "R" Districts elsewhere in this Ordinance may be increased by fifty per cent (50%) when applied to the following: Antenna - Radio or TV Flag Poles Subdivision 24. Subd. B -- Site Design and Development Requirements (13) Platting. All land zoned, Estate (E) and Residential P.-1, R-2, R-3, R-4 and R-5 shall be platted prior to placing any structure thereon, . except townhouses for sale, may be platted after footings are poured with the anproval of the City Council. SECTION 52.07 -- USE DISTRICTS. Subdivision 1. -- Classification. The following land use districts are hereby established under which all lands in the City of Fagan shall be classified: E - Estate District (Added) Subdivision 3.5. -- "E" Estate District A. Permitted Uses. Within any Estate District, no structure or land shall be used except for one or more of the following use or uses !learned similar by the City Council: 1. One family detached dwelling. -1- a • 41 • • • • • B. Conditional Uses. Within any Estate District, no structure or land shall be used for the.following use or uses deemed similarby the City Council except by conditional use permit. 1. Golf courses, country clubs. and tennis clubs. C. Permitted Accessory Uses. Within any Estate District, no structure or land or use of land shall be permitted except for one or more of the following use or uses deemed,similar by the City Council: 1. Private garages and parking space 2. Private swimming pool, tennis court, or recreation building. 3; Buildings temporarily located for purposes of construction on the premises for a period of not to exceed time necessary for such construction. 4. Gardening and other horticultural uses where no sale of products is conducted on the premises. 5. Decorative landscape features. 6. The keeping of domestic animals (household) for non -commerical purposes, for the use of the occupants of the premises. Subdivision 5. -- Minimum Area, Setback and Height Requirements. ..The following chart shall establish the minimum lot area, lot width, building setback and maximum height requirements for Agricultural, Estate and Residential Districts. Where a conflict may arise between the minimum requiternents of this section and those contained in the General Provision Section 52.06 Subd. 6C, the greater requirement shall be required. A. Minimum Area, Setback and l;eipht Regulations (Also see Section 52.06 Subd.GG) SIDE -YARD SEW.Cd= FROST-Yi 3U) OR GARACF 0R USE p SETBACK ALONG DWELLI"0 ACCF:SSORY A I alli n �1RE_LLafl RILEMBfl fflffI.P.vuiueflt IMIR'FJ! E 100 ft. 30 feet 30 ft. r10 feet Estate 20,000 sq. ft. 1 ac.w/o municipal sewer & water MEOW REAP.-YD HEIGHT msnmmmBtELLIVIT. 30 ft.for 24 a dwell. stories unit. 10 ft.for a accessory building. Adopted this 17th day of Auaust,•1976. ATTEST: CITY OF FAGAN CITY COMM Dr Clerk, Alyce Eoike Date Ordinance Adopted: February 18, 197f Date This Amendment Adoptedt August 17, 1976 Date This Amendment Published: Mayor, Herbert H. Polzin -2- • • • Revised 7-19-77 CITY OF EAGAN DAKOTA COUNTY, Iitt!NESOTA AI•Z?DHENTTO 0rDII•TANCE NO. 52 - EAGAN ZONING ORDIITANCE 52 THE CITY COUNCIL OF THE CITY OF EAGAN DOES HEREBY AMEND ITS ORDINANCE N0. 52 AS FOLLOW: SECTION 52.07 -- USE DISTRICTS Subd. S. LB - Limited Business District C. Conditional Uses 6. Garden.store or outside storage and sales, of garden supplies. SECTION 52.09 -- ADMINISTRATION AND ENFORCEMENT Subd. 2. Board of Adjustments and Appeals A. The City Council shall act as the Board of :d justments and Appeals. B. The Board of .djustmenta and Appeals shall meet within 21 days from the date of receipt of an application for an appeal to consider all appeals from decisions of the Building Inspector under the Building Code, determinations mode by the City staff in the enforcement of this Zoning Ordinance, City Council decisions, and such other matters as may be directly referred to it by the City Council. C. The Board of Adjustments and Appeals shall make a finding of fact and make a decision on appeal where it is alleged by the applicant that error has occurred in any order, requirement; decision or determination in accordance with the procedures described in Section 52.09, Subd. 3, except that the appeal request may go directly to the City Council serving as the Board of Adjustments and Appeals. All appeals shall be filed no later than ninety (90) days after the alleged error. D. The Board of Adjustments and Appeals shall decide whether to approve or deny the appeal within sixty (60) days after the appeal request is submitted to it. E. The grant of an appeal shall be by two-thirds (2/3) vote of the full City Council serving as the Board of Adjustments and Appeals. Subd. 3. Variances A. Purpose The City Council may grant variances from the strict application of the provisions of the applicable ordinance and impose conditions and safe- guards in the variances so granted where practical difficulties or particular hardships result from carrying out the' strict letter of the regulations of such ordinance. B. Procedures 1. Request for a.variance shall be filed with the•City Clerk on an offi- cial application:form, Such application shall state the exceptional • SECTION 5.09. - - ABANDONMENT OF ANIMALS No person shall overdrive, overload, torture, cruelly beat, neglect, or unjustifiably injure, maim, mutilate or kill any animal, or cruelly work any animal when unfit for labor, whether belonging to himself or another; nor deprive any animal of which he has charge or control of necessary food, water or shelter; nor feed any animal in any enclosure without sholesome exercise and change of air; nor abandon any animal. SECTION 5.10. - - HEALTH OFFICER REGULATIONS The Village Health Officer shall, if he deems it necessary to avoid a nuisance, make any reasonable rule or regulation with reference to any premises or structure where animals or fowl are kept, such rule or regulation to be in writing, and the violation or failure to comply with such rule or regulation shall be deemed a violation of this ordinance. Such rules or regulations shall relate generally to the use of screens, methods of sanitation, necessity of running water and sewer connections, methods of construction of structures and to any requirement that may be necessary to insure proper protection for public health and safety. SECTION 5.11. - - VIOLATIONS Any owner or person violating any section of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine or not more than Three hundred ($300.00) Dollars. If any owner be convicted hereunder while in possession of a kennel permit as herein provided for, such permit shall auto- matically be revoked, and no such permit shall be again issued to such owner for a period of one (1) year from and after date of conviction. SECTION 5.12. - - VALIDITY, EFFECTIVE DATE AND REPEAL Subdivision 1. - - VALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. -g • Revised 7-19-77 • • • 4 • • conditions and the peculiar and practical difficulties claimed as a basis for a variance and shall be accompanied by a fee as established by City Council resolution. This fee shall not be refunded. Such application shall also be accompanied by suffi- cient copies of detailed and written and graphic materials necessary for the explanation of the request as prescribed.by the City, together with a list of property owners affected or within 200 feet of the outer boundaries of the subject property. The request shall be considered as being officially submitted when all the information requirements are complied with. 2. The Advisory Planning Commission shall make a finding of fact and review each request for variance and recommend approval or denial of said request. t,11 owners of property located within two hundred (200) feet of the outer boundaries of the subject property shall be mailed a notice of the request for variance and those that the City'Clerk determines are affected by the variance. in formulating its decision, the Planning Commission shall consider the effect of proposed variance on the Comprehensive Guide Plan and on the character and development of the neighborhood. In cases when a variance is requested with an application for approval of a pre- liminary plat, the Planning Commission shall make its recommenda- tion simultaneously with its preliminary plat decision. i?o addi- tional fee nor application shall be required and such request for variance shall be included with the application for preliminary plat approval. The Planning Commission, based on reports and recommendations by the City staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, character, and other features of the proposed building, structure or use as it may deem advisable in the interest of the intent and purpose of this ordinance. 3. The Planning Commission shall make a recommendation to the City Council within sixty (60) days after the first regular meeting at which the variance request was considered by. the Planning Commission. The recommendation of the Planning Commission and the City staff's report shall be presented to the City Council at its next regular meeting. 4. In considering all requests for a variance, or any subsequent appeal, the City staff, the advisory Planning Commission and the City Council shall make a finding of fact that the.proposed action will not: Impair an adequate supply of light and air to adjacent property. Unreasonably increase the congestion in the public street. Increase the danger of fire or endanger the public safety. Unreasonably diminish or impair established property value within the neighborhood. Disrupt the traditional practices or social cohesiveness of the community. Or in any other way be contrary to the intent of this ordin- ance or other applicable ordinances of the City of Eagan. -2- • s • C. Issuance The City Council may hold a public hearing on the variance request if they demo it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in Section 52.09 Subdivision 5D except that the public' hearing shall be held by the City Council. 'If the Council shall determine that the special conditions applying to the structures or land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the applicant and that granting of the proposed variance will not be contrary to .the intent of this ordinance and the Comprehensive Guide Plan and that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty, the Council may grant such variance and impose conditions and safeguards therein. D. Denial Variances may be denied by the Council and such denial shall constitute a finding and determination that the conditions required for approval did not exist. E. Lapse of Variance or Appeal Whenever within one.(1) year after granting a variance or appeal the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extention of time in which to complete or to utilize the use has been granted by the City Council. Such extension shall be requested in writing and filed with the City Clerk at least thirty (30) days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. Such petition shall be presented to the Advisory Planning Commission for a recommendation and to the City Council for a decision. Adopted this ^_ day of 1977. ATTEST: CITY COUNCIL CITY OF EAGAN By: City Clerk Its Mayor Date Original Ordinance Adopted: Date Amended Ordinance Adopted: Date Published in the Dakota County Tribune: -3- • • • w • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 52 - EAGAN ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: SECTION 52.07 GENERAL PROVISIONS Subdivision 4. -- Residential Districts A. Permitted Uses. Within any R-1, R-2, R-3, R-4, or R-5 District, no structure or land shall be used except for one or more of the following use or uses deemed similar by the City Council: 1. R-1 Districts - 2. R-2 Districts - 3. R-3 Districts - of 6,000 square 4. R-4 Districts - 5. R-5 Districts - requirements of thereto. 6. R-1, R-2, R-3, R-4, and R-5 Districts - home occupations as defined in Section 52.05 Subdivision 2CC. Adopted this day of , 1978. ATTEST: . CITY OF EAGAN CITY COUNCIL /s/ Alyce Bolke Clerk By: /s/ Leo Murphy Mayor Date Ordinance Adopted: Date Amendment Adopted: Date Published in Dakota County Tribune: one family detached dwellings only. two family dwellings only. townhouses only to a maximum density feet per unit. apartments only. mobile homes only developed under the Ordinance No. 2 and amendments • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 52 - ZONING ORDINANCE. THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: SECTION 52.07 - USE DISTRICTS. Subdivision 4. — Residential Districts. B. Conditional Uses. 3. Beauty parlors, in R-1 districts only, subject to the following conditions: (a) Hours of operation shall be from 8 a.m. to 8:30 p.m. only. (b) The only employee shall be an occupant of the household. (c) The parking shall be on site and shall be limited to two (2) customer automobiles. (d) There shall be no commercial signs advertising the business except for the type of sign that is allowed in R-1 districts. (e) There shall be no over the counter sales of merchandise. Subdivision 6. — "P" Public Facilities District. A. Permitted Uses. Within any Public Facilities District, no structure or land shall be used except for one or more of the following uses or uses deemed similar by the City Council: Public structures, parks, playgrounds, camping grounds, swimming pools, tennis courts, golf courses, churches, schools and hospitals, provided any such purpose is not a commercial profit making enterprise. B. Conditional Uses. Within any Public Facilities District no structure or land shall be used for the following uses or uses deemed similar by the City except by a conditional use permit: • yi • 1. On -sale beer at go- lf courses'with club houses only in conformity with Ordinance No. 43. 2 On -sale beer through temporary licenses with a maximum of four days only in conformity with Ordinance No. 43. C. Developments within a Public Facilities District shall meet the following requirements: 1. Prior to construction or alterati- on of any such facility, _-- --a building permit approved by the City Council shall_be — required.. 2. Every public facilities structure shall have a minimum setback from its lot or land area boundaries of 2 feet for each 1 foot in height of such structure, excluding steeples, ornaments or antennas. 3. Parking areas commensurate with the type of and use of any public facility shall be required which shall be determined by the City Council. 4. Public utility structures and equipment, even though owned by profit making enterprises, however, may be permitted where the location thereof is necessarily restricted by virture of operation or utility. Adopted this 20th day of February, 1979. ATTESTED: CITY OF EACAN CITY COUNCIL By: _, By: -^ 1 7 ti+�li�'t CITY CLERK MAYOR✓/ / Date Ordinance Adopted: February 18, 1975. Date Amendment Adopted: February 20, 1979. Date Published in Dakota County Tribune: March 22, 1979. -2- CITY OF EAGAN ORDINAflCE ;x0. 53 TREE DISEASES Ali ORDINANCE RELATING TO THE CONTROL AND PREVENTIOII OF SHADE TREK DISEASES ON PUBLIC AND PRIVATE PROPERTY IN TIE CITY OF EAGAN THE CITY COUNCIL OF THE CITY OF EAGAN ORDAINS: SECTION :5;01 - - PURPOSE The Council hereby determines that the health of elm trees, oak trag9, and ether plants within the municipal limits is threatened by such diseases as dutch elm disease, oak wilt and other plant pests as defined in'Minnesota Statutes, Section 13.46, subd. 13. It further determines that the loss of such trees and other plants growing upon public and private'property will sub- stantially depreciate the value of property within the city and will have a detrimental effect upon the public safety, order, general welfare and c:r..vely:nice. It is the intention of this ordinance to control and prevent the spread of such deseases. SECTION s3.02 - - PROGRAM It is the intention of the City Council of the City of Eagan to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes Section 18.022. This program is directed specifically at the control and elimination of tree diseases and is undertaken at the recommendation and under the direction. of the Commissioner of Agriculture. The City Forester shsll act as co-ordinator between the Commissioner of Agriculture and the Council in the conduct of this program. SECTION 53.03 - - CITY FORESTER Subdivision 1. The position of Forester is hereby created within the Park and Recreation Departnent of the City. 53 Subdivision 2. It is the duty of the forester to coordinate all activi- ties oe the city relating to the cocv rol and prevention of dutch elm disease, oak wilt and other plant pests'as defined in Minnesota Statutes, Ssctior_ 13.46, Subd. 13. He may from time to time recommend to the City Council the details of a program /nr the control of such diseases and plant pests and shall perform the duties incident to such programs adopted by the Council. He shall act as coordinator between the Commissioner of Agriculture and the council in the co2- • duct of this program. . SECTION 53.04 - NUISANCES DEFINED The following things are public nuisances whenever they may be found within the C .4: Subdivision 1. Any living or standing Elm tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis U1mi (Buisman) Moreau or which harbors any of the elm bark beetles, Scolytus Multistri.n':ne: (Eichh) or Hylurgopinus F.ufipes (Marsh). Subdivision 2. Any dead Elm tree or part thereof, including logs, branches stumps, firewood or other Elm material from which the bark has not been removed & burned, Subdivision.3. Any living or standing Oak tree or part thereof infected to any degree with the Oak Wilt disease fungus Ceratocyrstris Fagacearum, except where the owner shall treat the diseased tree to prevent the spread of the disease in an acceptable manner under the direction of the City Forester; pro- vided further it is not determined to be a nuisance or hazard as defined under. subdivision 4 of this section. Subdivision 4. Any diseased, dead tree or part thereof including logs, branches,. stumps, firewood, or other wooden material which has bean been removed, burned, or properly treated which causes a nuisance or hazard to a neighboring property owner. SECTION 53,05 - ABATEMENT It shall be unlawful for any owner or tenant known to be in control of -2- any lot or parcel of land in the City of Eagan, Dakota Count', Minnesota, to permit or maintain on any such lot any public nuisance as defined in Section 53.04 of this ordinance, and it shall be the du&y of such person to promptly remove or properly treat any such nuisance under the supervision and direction of the City Forester or his duly authorized representative. SECTION 53.06 - = INSPECTION AND INVESTIGATION Subdivision 1. The City Forester or his duly authorized representative i shall inspect all premises within the City as often as practicable to determine whether any condition described iniection53.04 of this ordinance exists thereon. He shall investigate all reported incidents of diseased trees. Subdivision 2. The City Forester or his duly authorized representative may enter upon private premises at any reasonable time for the purpose of carrying Out any.of the duties assigned him under thi9 Urdinahed: Subdivision 3. The Forester Shall upon finding conditions indicating disease infestation, immediately send appropriate specimens or samples to tha Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section 53.07 no action to remove infected trees or wood shall be taken until positive diag- nosis of the disease has been made. SECTION 53.07 -.a. ABATEMENT PROCEDURE Subdivision 1. Whenever the City Forester has reason to believe that a nuisance as defined in Section 53.04 exists on any private property in the City, he shall report his findings to the City Council. If the Council determines that a nuisance exists, the owner or person in control of such property on which the nuisance is found' shall be notified of the infestation and the notice shall direct that the' infestation -be removed and burned or otherwiee effectively treated in an approved manner by such owner or person in charge -3- • • within twenty-one (21) days after receipt of such notice. The notice shall also state that if such nuisance shall not have been abated within the time provided, the City may abate the nuisance at the expense of the owner and that • if uc:pzAid, the charge for such work will be made a special assessment against the property concerned. flt:idiai.sion 2. Service of notice provided for in this section shall be by persunal service, if the owner or person in control of the lot or parcel of la...:. on teh a diseased tree is located is a resident of the City. If cuch.persun cannot be found in the City of Eagan, or is a non-resident of eaid City, written notice shall be served by registered mail, addressed tc said person at his last known address; If said person cannot be found, a copy of said notice shall be posted upon said infected tree. If the infected ':ree is not removed or treated within 21 days as required by the notice, the chi.' Forester or his representative shall.remove the tree. Subdivision 3. A person receiving an order hereunder may, within ten (10) days of the service of such notice, appeal to the City Council which shall review such. notice within seven days. Subdivision 4. If. the owner or person in control of any private pre- mises fails to have such tree removed and:burned or otherwise effectively treated within 21 days after receipt of notice, the City may proceed to have such trae removed and burned or otherwise effectively treated and any expense incurred by the City in so doing may be a charge and lien upon the sari property and may be collected es ,a special assessment against the property cot:crred. Subdivision 5. The City Forester shall keep a record of the cost -of abatement done under this section and shall report to the City Council all t'ork done for which assessments are to be made stating and certifying the description of the lute and parcels involved and the amount chargeable to each lot and parcel. 4 • • SECTION 53.08 -• - PUBLIC PROPEPiY Any infested tree or wood an property owned or controlled by the City including boulevards which is a public nuisance as defined by Section 5 .04 of this oreinar:'a shall promptly be removed under the supervision of the City Forester or his representative at the expense of the City. SECTION %'5.09 -• - TRANSPORTING WOOD PROHIBITED It shall be unlawful for any person to transport within the City any diseasz:d wood without having obtained a permit from the City Forester. The Forester ahai' grant such permits only when the purpose of this ordinance will be served thtinebv SECTION 53 .10 - - INTERFERENCE PROHIBITED It shall be unlawful for any person to prevent, delay or intcr_cre.with the City Forester or his agents while they are engaged in the performa'•v:. o: the duties imposed by this ordinance. SECTION53 .11 - PENALTIES Any person, firm or corporation, violating any provision of this ordinance by fsiling, neglecting or refusing to comply with the provisions of any notice herein provided for, within 21 days after the service thereof, or who shall resist or obstruct the City Forester or his representative, in carrying out. the provisions of this ordinance shall be guilty of a nisdeameanor and upon. conviction thereof shall be punished by a fine not to exceed T.hxeo fiunarn? Dollars ($300.00) or by imprisonment not to exceed ninety (90) days of both. Each day that a violation continues shall be deemed a separate rffense. SECTION 53..12 - - INVALIDITY The invalidity of any part of this Ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof. -5- • Subdivision 2. - - EFFECTIVE DATE. This amended Ordinance shall become effective from and after the date of its publication according to law. Subdivision 3. - - REPEAL. Town of Eagan, Ordinance No. 4 designated "Running at Large of Dogs" is hereby repealed. VILLAGli COUNCIL VILLAGE OF EAGAN By: /s/Herbert H. Polzin Herbert H. Polzin, Mayor ATTEST: /S/ Alyce Bolke Alyce Bolke, Village Clerk . Original ordinance adopted on May 19, 1959. Ordinance, as amended, adopted on September 4, 1973.. Published in the Dakota County Tribune on September 27, 1973. • repealed, SECTION F3,.13, CONFLICTING ORDINATNCESREPEALED All ordinances and parts of ordinances in conflict herewith are hereby SECTION j1,_4 _ -, EFFECTIVE DATE This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN Alyce Brake. City Clerk Herbert Polzin, Mayor Original Ordinance Adopted on 197 Published in the Dakota County Tribune on 197 • CITY OF EAC T OelIWANCE 140, 54 AN ORD:CN":NCE GRANTING TO i:INeESOTA CAS COMPANY, ITS SUCCESSORS AND ASSIGNS, TILL? rctoT TO T?AY`1JPACTUR33 IMPORT, TRANSPORT, S::LL AND DISTRIeUTE GAS Fon T',k!;L C% IL:i�T elNATIN:; AND OTHER PURPOSES IN aIV d HILLS 9 1-i ADDITION TO THg CIT.Y. OF EAGAN AND TO USE TOE STREETS, AVENUES AND ALLEYS TEEREOF FOR TEAT PUItFOS . Till CITY. COUNCIL OF TIIE CITY OF EACAN ORDAINS AS FOLLOJS: SECTION 54,01 - GRANT OF AUTHORITY. There is hereby granted to Minnesota Gas Company, hereinaftee called the "Ccmpany", its successors and assi.ges, for a period of twenty (20) years after the adoption hereof, the right to nan'ufactuae, imrort, transport, sell and c'.Lstri.oute gas for heating, illuninatieg and other purposes within the limits of Live:: Bills 9th A ,i:ittion to the City of Eagan, hereinafter celled the "City" reel for that purpose to estsblish the necessary facilities and equipment, and to maintain a m nufecturing plant, gas metes, service pipes and any other aeon!. tenances necescery to the manufacture, sale and distribution of gae is and alai; the streets, alleys, avenues and other public places of River Hells 9th Addition to the City, and to do all thinge which are reescrrble, neccncary or customary in the eccorpd.i:thInnt of this objective; subject however, to the further provisienu of this Franchise. Provided, however, that before the same Company shall establi,l) any plant in River Hills 9th Addition to the City for the mevefectere of gee, '..S approval of the City Council of the lncaeie_i thereof in the exerciee of a ream: n- able discretion Ly said Cou:•.ci.l, shell be first obtained by said Company. Ito such plant shell Le coastructcd or operated in violation of the zoning and building ordxsir..e3 of the City, 54.02BSTRUCf i'G eTREETp SECTION - 0,.�.u.,,,...•.:�., .::.�,:,L:.�•. The Company shall cxertin, its pr.i.ilege3 hereunder £abject et all times eo the police power of tit City and shell not et:necessarily or unreasonably obstruc the use of or i:ee e any strcee, avenue, 'n alley, r,ed shall, uscn she completiee of any ceeeeructeoe or reiaer, restore all streets, avenue: and allays of the eu iicipa1. ty Hatt_, shall be opened by it or its agents or employees ker the put:Inee of layiee, p.iacieg or repe..iring its aforesaid gas mains or service pipes to as nearly the same order aed condition as they were before the ezcavratioe was rude as is reaeonebly ponaible, and shall maintain, repair and keep in good coedit:: for a period of one (l) year all portions of said streets, avenues and alleys disturbed by it or its agents; provided Lhet the one year period obeli La cee_e:;tci from the time of :`.'? closing of the excavation; but in case of frost before ti.e ore y:ar period has expired, the sane shall continue for t:he st, te•:t p.nriee : f:';r the feest leaves tLe ground. Any obstruction of any street, al;.:::y, peek, b 'JLtt'ar: bridge or other public place, or any failure properly to fill and aalue:Ai.n c street after e"t:avc,tion, after proper notice demanding removal or repel , as t.be case ;ray be, 5E311 he taken care of by the City and the coat: thereof 0,0.1 be c:'.a:eged agai..:.t the Cempaty and may be deducted from any payments due ee from the Ciey oT chall be billed directly to the Company which shall make-. pnyment premetiy. SRC tON 54.03 PISTR,. The Cemeany, prior to the laying or relaying of any mans tc.ier this Franehi.se, s'4a11 pees:at to the Council a complete plat showing the location, size -1- • • • and. esti'c„3to4 coot: of all propnced 7I•ainD, VIA Company, bef,:re layt'eg or relaying any mains, shall obtain approval. : 'ri.0 the Cc..incll, or it4 e cnt, in the exercise cf a rea;;c:sble dircret.i n lrp t'':r n Failure of the City to imist upon this provision c5!.l x : be deemed a waiver thereof, SECTION 54,04 •= flt":14GE CLAWS. The Company shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to persons or property growing cut of the construction, maintenance, repair or operation of its property, and in ehe octet that nult shall he bro ,idit against the City either independently or jointly win the Co party, on account thereof, the Cottpany, upon notice to it by the Ci.t.y shall defend the City in any suit, at the cost of the Company, and in the event GC o final judgrcnt being obtained against the City, either independently or jointly with the Company, the Company shell pay such judgment, with all costs, cot shay.?. hold the City harmless therefrom. $ .C;7'?CA 54,03 - STANDARDS RDS OE SERVICE. Coag.sry shall at all times provide and furnish an adequate, safe and eo ti,.r1.t 3 suyply of gas to the River Hills 9th Addition to the C'.t,•, and its iti%' bieatts. srb•iect however, to the further provisions of this section. The Canary stalls and distributes straight aatural gas throughout its entire gas dif ribotien sy: _am, which sntves 130 communities in Minnesota. 'ins natural gas distributed by the Conpaay is furnished by the pipe line system horsed ev$ operated by Northern Natural Gas Company, a "natural gas cowpony" under the Fed=<ral Natural Gns Act, which sub)r cts Paid Northern Natural Gas Company to tba jurisdiction of the Federal Po.•ger Commission, The Company shall not be liable to the City or its inhabitants, nor shall the City, or any '_tt.'iabitont t>ho is a customer of. the Company, be liable to the. Company hereunder i,, reason of the failure cf the Company to deliver., o: of the City or a cusLc:m r to :seer;•,?, natural Pas sea result of cats of Gc , or the public entity, inabilit7 of p:pe lino stip`linr to furnish an adequate at ply due to Mt cnc et:y, 3::. order or decision of a public regulatory body, or other veto beyond the cf tr.ol of tho party affected. bi1.R:avez any of the occurrences named above take place, the Company shall ?cite cis right and authority and it shall be its duty to adopt reasonable rules and regulations in connection with limiting, curtailing or allocating ext-eusioan of service or supplying of gas to any customer or prospective customer, and withholding t'ic supplying of gas to new customers, provided that such rules a::d reriictions shall ha uniform as applied to each class of customers and shall be no:;=•.tscri.e_ie:eto:v as between communities. She Crstnaay shall have the right to contract for the sale of gas for rodent rial usz on cu interruptible basis, requiring the customer to have strotlby ee;:;1..;nt::at tor uce rpm notice by the Company. The Company's rules, retr:C..atinne, £t!t..cul.ea or c Ixract:3 for curtailing interruptible gas service shall be urel' orm es applied to each class of interruptible customers. If service is temporarily suspended because of any of the rear.as set for.h, above, oecarrir.g through no fault or negligence on the part of the C'or.:;_cnoy, such to . e'solos shall not be made the basis of any action or proceedir.:; to te,aainc.ta this Erne its. The quality of the gas sold in the City shall Le the came as that sold to tbs. Company's customers in the City of Minneapolis. -2- • S't;CT'CON ci!' e r''.VIM:0NS0r VPVJ E The C:mpany`&trees i:a lay such of its mein and pipeeasi,come ea ithin,its requirements- foe cabarban service as soon as reasonably P s he Council of tha City shall have the right to make such reasonable rules e::d regu- lations as nay be neeesecry to provide adequate and proper cer'ice. SECTION 54.07 - RATES, The Company cgrees for and on behalf of itself, its lessees, successors and acaiins that all authority and rights in this Ordinance contained shall at all ba subject to all right, power and authority now or hereafter possessed by st3.3 Ctty or any other regulatory tribunal having jurisdiction thereover to rsgutatc, fix, aNal control just, reasonable, and compensatory gas rates, excelL as hereinafter limited. The City recognizes that the entire suburban crca adja- cat;e- to aed near the City of Minneapolis, which includes sdthe herCitCity thatAagathen, tny::y he ,a1ferde i c3 a single zone for rate -making purposes bete e e right to insist upon a uniform rate for all of its cnns:>n:^rs ie said subueben. area.. All rates charged under this Ordinance shall at all times be fair, 3Uct: end :reasonable. SECTION ='+ 0 - FORFETTITR If the Compa:.y chap be in default in the performance of arty of tha teaes eel terns andcc'nzi.+.:ions of this Ordinance and shell continue is default foe -••• then ninety (90) days after receiving n•:iie a froth the City of such de:alit, the • it: under t sy, by eacer`toce theuly paseed pad Ccri ,any. The saidtnoticerofcate all default shalllsbertr,f.a3 under. this O&hellsc � Y� + she �rovici.ras of this Ordinance in the pexfcim:°.:%F' r.;- wrich L .endic clai?. dpthaty . Such notice shall be sere:d which °}. is claimed that the Company is in default. { for the service ai bythe laws of the State of Minnesota pr the manner iteprovided.Oof so pac..^Fd declaring pr.c.ess in civ=.l. let:'a^.s, ?`:e reasonableness any Ordinance >, Ordinance a forfeiture of 'ihe rig`+ts end p_ivilers granted by this Franchise shall be s :eject to r: c cae by a Ccurc of competent jurisdiction. Se:C_T.Tri'i 54,.09 - NCav_ ;C':.i:51.VF. The r;..,._ta cad.. privileges hereby granted are nxcsive, cad ar the peesCity eaprnr eau. Y reserves the right to grant rights and privileges corporations. SNCTIO l 54e:0 - rC A; �,E OF GOVERNMENT_ Any ch:_u^,'o of the form of government of the City, as authorized by tha State o:C xeeeaseta ehall not affect the validity of this Franchise. Any municipalt.Vreej co_pcs dine seecec-.cIng the City shall, without the consent of the Company, te all the ti3ht:s 'tt3 obligations of the City provided in this Franchise. ,CT!' Ye 5411 WCCF DANCET.e. N e rOBCeL•"",, shall., within thirty (30) days after the passage end puulica.t.iae of this Ordinance, file with the City Clerk, its acceptance of the rame in meting eigned by ite proper officers and attested by its corporate veal, -3- • • • SECTION 54.:: - PE"i:;i.TY, Any person who °hail violate arty prcviaion of this ordinance shall be deemed guilty oZ a icisdmea:= and upon conviction thereof shall be punished by a fine rot to exce<d $300,00 or by imprisonment not to ezcecd 90 days, or both. SLCTION 54.13 - 6EP ARABLLITY OF SECTIONS • If any portion of this Ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this O:dit;ance which shall continue in full force and effect. SECTION 54.14 - EFFECTIVE DATE, This Ordinance shall take effect and be in force from and after its passage and publication, ATTEST: CITY COUNCIL. CITY OF EAGAN Py: City Clerk Idayor original Ordinance Adopted: Date of Publication in the Dakota County Tribune: CITY OF EAGAIN ORDINANCE NO. 59 STREET LICBTTNG AN ORDINANCE AUTHOR/ZING'THE CITY COUNCIL TO INSTALL STREET LIGHT/KG IN EXISTING SnzolvIS!ONS OF THE CITY OF EAGAN. TEE CITY COUNCIL OF THE CITY OF EAGAN, DAROTA COUNTY, MINNESOTA DOES ORDAIN: SECTION 55.01 PURPOSE The City Council of the City of Eagan has determined that it is in the best :.nterest of the residents of the City of Laganto install Street l.ightiug systems throughout the City of Eagan. It is the Council's intent to install a netwazk if street lights throughout the City of Eagan to promote the general health, safety and welfare of the citizens of Eagan. SECTION 55.02 - LOCATION The City Council upon a petition by a developer or a petition of as least 50% of the property owners in any subdivision or upon its own initiative shall determine the streets, parks, or other public and private areas on which the City shall install and operate street lighting systems. SECTION 55.03 - NOTICE Before any such service is furnished, the City Clerk shall publish in the legal newspaper notice that the Council will meet to consider ouch projects. Such notice shall be published at least once no less than two weeks prior to such meeting of the Council stating the date, time and place of such meeting, the streets or other public and private areas affected, the particular projects pro- posed and the estimated cost of each. In addition to this publication, the City Clerk shall give written notice by mail to the property owner of each lot or parcel benefited by the project of a hearing before the City Council to be held' not leas than one week after the mailing of such notice. SECTION 55.04 - BEARING at such hearing the Council shall hear property owners with reference to the scope and desirability of the proposed projects. The Council shall thereupon adopt a resolution confirming the original projects with such modifications as it considers desirable. The Council shall provide for the furnishing of such service by contract or in such other manner as it deems proper. SECTION 55.05 - COSTS 'S.ubd. 1 - Installation Costs. The City may pay such portion of the costa of installation of the street lighting systems as the Council may determine from. gonera). ad valorem tax levies or from other revenues or funds of the City available for that purpose's -- In the event the Council elects not to pay all of the installation costs, the remaining unpaid portion shall be assessed against the benefited property owners as a public improvement following a public hearing and in full accor- dance with the provisions of M.S.A. Chapter 429. Subd. 2 - Operating Costs. • The City Clerk shall keep a record of the costa of operation of the street lighting system, including clerical, administrative and incidental costa, and apportion such costs to:each lot and. parcel of property benefited by the street lighting system, whether or not the property abuts the street or other public or private area in which the system is located. SECTION 55.06 - BILLING • ¶the City Clerk shall monthly or quarterly prepare abill based on the costs as determined by Section 55.05 for each lot br parcel. Such coat shall he added to the water and sewer billing for each lot and parcel henefited.by the street lighting system. The amount billed will, thereupon,'become immediately due and payable. In the event of non-payment of such bill, the Clerk shall be authorized to certify the unpaid portion to the County Auditor to be added to the tax rolls for the property involved. SECTION 55.07 - INVALIDITy The invalidity of any part of this ordinance es declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION•55.08 - CONFLICTING ORDINANCES REPEALED All ordinances or parts of ordinances in conflict herewith are hereby rrpcided: • SECTION 55.09 - EFFECTIVE DATE This ordinance shall take effect upon its adoption azid publication according to law. • ATTeST: CITY COUNCIL CITY OF EAGAN By: City Clerk Mayor Original Ordinance Adopted: Date of Publication in the Dakota County Tribune: -2- • CITY OF EAGAN • ORDINANCE NO. 56 ESTABLISHING TAB ADVISORY PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF EAGAN, DAIDTA COUNTY, MINNESOTA ORDAINS: SECTION 56.01 - INTENT The purpose of this ordinance shall be to reeatablish.the'Advisory Plane/n:3 commission consisting of seven (I) members and to specify the powers of the Advisory Planning Commission. SE• ttON 56:02 is ESTABLISHMENT • A City Advisory Planning Commission for the City of Eagan is hernby eeaablished. The Commission shall be the City Planning Agency. SECTION 5C.C3 - MEMBERSIIIF AND COMPENSATION rneh Commission shall consist of 'oven (7) members to be appointed by the City Council are may be removed by a f:ur-fifths (4/5) vote of t..:a Council: Members of the Commission and their eucceaeora shell serve terms of three,(3)' years except for the terms which shall be specified by Council resolution., Appointees shall hold their offices until their successors ern appointed L. qualified, Vacancies during the term shall be filled by the Council Cr, unexpired portion of the term. Every appointed member shall, before en upon the discharge of his (her) duties, take an oath that he (she) will Li,:.. fully discharge the duties of the office.. A11 members shall serve without comrensation, aowever, they shall be reimbursed for all expenses and costs necessarily incurred in connection With their duties. �ECTT_ON 56.2'3 - ORGANIZATION, MEETINGS. ETC. • ,:•.:bd. 1 - The Commission shall elect a Chairmen and a Ncsetary roiu muoag :tP npp:rinted members for a term of one (1) year; and the Commission mev creete :.ml fill stli ogler offices as it may determine. 2-thd, ? - The Commission shall hold at least one (1) regular meeting each It shall adapt such rules for the transaction of business as it deems :::.?rl,r.'.ate and shall keep a record of its resolutions, transactions and findings, wk_-h rucocd shall be.a public record. 0n or before January 1st of each yeer, tri Co:ninisnion shall submit to the City Council, a report of its rock during the ;neer:ding year. Expenditures of the Commission shall be within the amount appro- priated for the purpose by the City Council. P.r;iioN56.05 - POWERS AND DUTIES OF THE COMMIISSION Ths Commission shall be the planning agency and shall have the po;a::r r'id duties given such agencies generally by the Laws of the State of Minnesota 1965, Chsp er 670, codified as M.S.A. 462.351 through 462.364 inclusive or as the same may La amended in the future. It shall also exercise the duties conferred upon it by this ordinance. • SECTION 56.06 - 1AVAL)DLfl The invalidity of any part of this ore:.nance as declared by a court of competent jurisdiction shall not .affect the validity of the remainder thereof. SECTION 56.07 CONFLICTIIC.ORDINANCES REPEALED .:?t.t ardi.nance; and parts of ordinances in conflict herewith are hereby r �i�ealF.d,• SECTION 56.66 EFFECTIVE DATE This urdinance shall take effect upon its adoption and publication according i.dM. ATTESTi • City perk CITY COUNCIL CITY OF EAGAN 0•xtgir :4 OrdK.nance Adopted: Dare of P011^ation in the Dakota County Tribune: -2•• Nava' • CITY Or EAG.SN DAMTA COUNTY, MINNESOTA CRDlAANCE NO. 57 - PARTIAL PREPAYMENT OF ASSESSMENTS AN ORDINANCE REGULATING PARTIAL PREPAYMENT OF ASSESSMENTS. THE CITY COUNCIL OF THE CITY OF EAG.AN ORDAINS: SECTION 57.01 -- PURPOSE AND CONTRUCTION This ordinance is enacted pursuant to Minnesota Statutes Section 429.061, Subdivision 3, and other applicable laws of the State of Minnesota. The purpose of this Ordinance is to permit partial prepayment of assessments in such manner as hereinafter provided.. SECTION 57.02 -- PREPAYMENT PERMITTED Subdivision 1. SCOPE. Partial prepayment of assessments will be permitted in connection with all assessments adopted by the City Council and certified to the County Auditor for collection. Subdivision 2. PAYMENT. The owner of any property so assessed may within 30 days of adoption of the assessment roll by the City Council prepay any or all or his assessment to the City Treasurer. No interest will be charged on any'portion cf the assessment paid within said 30 days. The remaining unpaid balance of the assessment shall be spread at the same rate of interest and for the same term of years as the original assessment. SECTION 57.03 -- SEPARABILITY OF SECTIONS If any portion of this Ordinance shall be held invalid, the invalidity of such portion shall not affect the validity of the other provisions of this Ordinance which shall continue in full force and effect. SECTIOTe 57.04 -- CONFLICTING ORDINANCES REPEALED All prior ordinances or parts of ordinances in conflict herewith or incon- sistent herewith are har with repealed or superseded to the extant required to give effect to this Ordinance. r 3-2-76 CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 5 - KEEPING OF ANIMALS THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 5 AS FOLLOWS: SECTION 5.01 -- DEFINITIONS Subdivision 5. -- RUNNING AT LARGE. Any animal not under control as herein - before defined. SECTION 5.02 — RUNNING AT LARGE No animal nor domestic foul shall be permitted to run at large at any time in the City of Eagan. Such running at large shall be deemed prima facie evidence that the owner of any such animal is in violation of this ordinance. SECTION 5.03 — DOGS Subdivision 2 -- LICENSING A. Every owner of any dog more than 6 months old shall obtain from the City Clerk a license tag and registration number in such form as the City Council shall prescribe. Said license tag upon issuance, shall be firmly attached to every such dog's collar at all times. The initial, and thereafter annual, license fee therefore shall be $3.00 for each neutered male or spayed female dog and $5.00 for each unneutered male or unspayed female dog. Annual fees shall be paid to the City Clerk who shall issue new license tags different from the previous year's tags on the 20th day of February of each year. C. All dogs not so vaccinated and tagged may be impounded and destroyed as provided in this ordinance. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the annimal is vaccinated. D. All dog licenses shall be issued for one year beginning on the 20th of February of each year commencing in the year 1976. Application for licenses may be made 30 days prior to the start of the licensing year at such time and place as the City Council shall designate, and thereafter during the licensing year. Applications made after the 20th of February during the licensing year shall be assessed a penalty of fifty ($.50) cents for each late month or portion thereof which amount shall be added to and collected with the regular license fee. Any owner who secured a dog after the start of the license year shall be allowed thirty (30) days after acquiring such dog to secure a license and must file an affidavit identifying the dog and stating the date of its application. -1- • • SECTION 57.05 -- EFFECTIVE DATE This Ordinance ahall be in full 2nca and effect from and after its passage and publication according to law. ATTEST: Bate Adopted: CITY OF EAGAN crrt COUNCIL By: City Clerk Nu;yor Date Published in the Dakota County Tribune: -2- Rom- OF nCAN ^AROTA COUNTY, u!:WS C''TA ORDINANCE WO, 53 - HOSE NUMBERING. AN ORDINS,NCE REQUIRING PROPER IDENTIFICATION OF ALL ROUSES AND STRUCTURES NO» EXISTING CR lit?."REAFTER TO BE ERECTED IN TEE CITY OF EAGAN, TEE CITY COUNCIL OF TEE CITY OF EAGAN DOES ORDAIN: ECTION 58.01 - PURPOSE AND CONSTRUCTION This ordinance is enacted pursuant to Minnesota Statutes Section 412.223and other applicable laws of the State of Minnesota. The purposes of this ordinizetri .,a to permit accurate identification of structures within the City of Eaccn, to eliminate confusion and to contribute to the convenience of the citizens of Engee, .RCTIGN 58.02 m lu1U$$ NUMBERS REQUIRED Subdivision 1. The owner or occupant of any building fronting upon any street o:: avenue shell place and keep in a conspicuous place on the front of such building the proper house•number therefor. Subdivision 2: Such number shall also be conspicuously posted on t;xe building or on a building accessory to such building at the rear so as to be readily identifiable for refuse pick-up or in case of fire or otter emrgenr_y. The rear address number may be omitted if there is no public way at the rear el the building. SECTION 56,03 - SPECIFICATIONS Subdivision 1. The house number_ to be placed and maintained on said buildinv shall be clearly displayed. S'ubdiv:.sien 2. Regardless of the type of numbers selected, the following criteria ansst be set: (1) The color of the type selected must be in contract with the color of the building cu which the said number is to be attached. (2) The minimum height of the numbers shall. be three (3) inches for resi:4<'r tial structures and six (6) inches for multiple dwelling and commercial structures. -1- (3) P en i.11 ruination ia required to aid vintbility, , snch il.luminetion must be continuous except during dayligit haura for all multiple dwellings. SECTION 5C.'4 - PYNALTY Any person violating any provision of this Ordinance shall be guilty of.a misdemeanor and upon conviction thereof shall be punished by a fine not to exceec.� Three Hundred Dollars ($300.00) or by imprisonment not to exceed ninety (90) days or both. SECTION 58.05 - INVALIDITY The invalidity of any part of this Ordinance as declared by a Court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 53.06 - CONFL/CTING ORDINANCES REPEATED All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 53.07 - EFFECTIVE DATE This Ordinance shall take effact upon its adoption and publication eccordiag to law. ATTEST: CITY OF EAGAN CITY COUNCIL BY: City Clerk Mayo) Date Adopted: November 19, 1974 Date Published in the Dakota County Tribune: CITY- Cr EAGAN ORDINANCE 1.0. 59 l-N ORDIN NCI: ESTABLISHING TiIE CONSOLIDATED IMPROVEMENT BOND DEBT SERVICE FUND OF THE CITY OF EAGAN AND PROVIDING SECIR.ITY FOR THE BONDS PAYABLE THEREFROM. THE CITY COUNCIL OF TIE CITY OF EAGAN, MINNESOTA, ORDXii13 AS FOLLOWS: SECTION 59.01 - CREATION OF CONSOLIDATED IMPROvE"UNT BOND FUND. There is hereby created a special fund of the City designated as the Consoli- dated Improvement Bend Debt Service Fund to be kept and maintained by the Tree - serer separate and apart from other funds of the City and administered in accordance with this ordinance so long as any bonds directed by the City Council tn be payable therefrom are outstanding. The Consolidated Improvement Bond D't Service Fund °hall be used to pay principal and interest on all general obligation improvement bonds heretofore issued to finance improvements instituted urtdtr Minnesota Statutes, Chapter 429, and such other general obligation improve: - meet bonds as the City Council may hereafter by resolution authorize to be piay,:v.0 therefrom which are issued to finance improvements instituted under Minnesota Stott;tes, Chapter 429, as the same may from time to time be amended, or ar.y successor law authorizing the issuance of general obligation bonds payable primarily from special assessments, whether in whole or in part, bet not in- cluding temporary improvement bonds or bonds issued pursuant to Minnesota Statutes Section 444.075, or similar law providing for the pledge of revenuea fro'a City facilities in addition to epecial assessments and taxes. The Consolidated Im- prevement Bond Debt Service Fund shall be used for no other purpose than to nay principal and interest on such bonds and to repay advances from other funds used for such naynents. Moneys on deposit in the Fund may be invested in e.cco-- dar.•^: with Minnesota Statutes, Section 475.66, or amendatory or stppiemertary ants. Any balance remaining in the Consolidated Improvement Bond Debt Service Fund after the principal and interest on all bonds payable therefrom have been eali may be transferred to the general fund. SEITIOU 59.02 - FUNDS OF PRIOR IMPROVEMENT BOND ISSUES, All moneys and investments on deposit in the special funds heretofore estab- lished for tics payment of principal and interest on all outstanding general obligation improvement bonds of the City issued prior to November 1, 1974, pur- suaut to Minnesota Statutes, Chapter 429, and all future collections of special assessments and tares pledged and appropriated to such funds, are hereby appro- priated to and shall be deposited in the Consolidated Improvement Bond Debt Service Fund, subject to the rights of the holders of such bonds to have the m,nays and ievestmants in the special funds established for the respective ianicu end future collections of special assessments and taxes heretofore pledged and appropriated to seeh funds applied to the payment of principal and interest on the bonds payable from such funds in accordance with the respective resolutions authorizing and providing security for the payment of the same. E!cr o7• S9.03 — SE?APATE FUNDS FOR EACH IMPROVEMENT. A seen -ante fund shall be provided for each improvement to beefin.anced by bonds pay,-,tia from the Consolidated Improvement Bond Deht Service Fund, and the prnceedo from the sale of any such bonds and from collections of special assess- 51 -1- ments avd taxes levied for the i_ti:over at and stay other moneys appropriated thereto by the Ccuneil shall be paid into such fund, and shall be used solely to defray ctpcnses-of the improvement and payment of principal and interest on a+;.y obligations issued to finance the' imprnv i:c:at until coup±.ecicn and pay.naV: of all costs of the improvement. Thereupon the i.mp eveeeat fund shall be dis- continued, and any balance of the proceeds of the bond; remaining therein may be transferred by the Council to the fund of any other improvement instituted rutreai:t to Minnesota Statutes, Chapter 429. All moneys not so transferred and r1L c'.zbsequent collections of special assessments and taxes levied for the im- provement shall be credited and paid into the Consolidated Improvement Bond Debt ..fltvJ.ce Fund and are hereby pledged to the payment cf principal and interest ee all bonds payable therefrom. If the Council shall have estimated that the eceeds of the bonds issued to finance an improvement and any other amounts appropriated to tha separate fund established for such improvement will be ff._cient to pay all costs of the improvement, special assessments collected fer such impruvement shall be deposited when received directly into the Consolidated Improvement Bond Debt Service Fund. SECTTopt 59,04 •- TAX LEVIES. The Council shall, prior to delivery of any bonds payable from the Consoli- dated Improvement Bond Debt Service Fund, estivate the :mount of special assess - meets to be levied for each improvement financed by such lands and he amount if any, to be used with bond proceec'c to defray expenses of the improvement ned pay Principal and interest on the bonds prior to completion cf the inpro sweet and, after considering the rate of interest to be charged on defer;:c:i i.n•:c:ail- ments of assessments and the expected times of collection thereof, shall by resolution levy, if necessary, a direct general ad valorem tax upon all teeehle property in the City, to be spread upon the tax rolls for each yeas of i.he teem ci the bands in such amounts for all years that, if collected in fall, they, to- get`.e.r with estimated collections of all taxes theretofore levied oni terropr.tated ro the Consolidated Improvement Bond Debt Service Fund, the estfeeted cct1ac+.':toas cfspecial assessments levied for each improvement financed by ouch bonds (ether then special assessments estimated to be required to defray expenses of the 1m- peevement and pay principal and interest on the bonds prior to comrletion of the iui:over: nt), and the estimated collections of all other special assessments t.heretofoee pledged to the Consolidated Improvement Bond Debt Service Fend, will produce at least five percent in excess of the amounts needed to meet when die the principal and interest payments on such bonds and all other then oue- ctanding bonds payable from th_ Consolidated Improvement Bond Debt Service Fund. Such resolution shall irrevocably appropriate the taxes so levied and the ;t,ecial assessments so pledged to the Consolidated Improvement Boni Debt Service Fend, All such tax levies shall be irrepealable, except that if the Council is sty year makes as irrevocable appropriation to the sinking fund cf maiN:ys r^tn-.l.ly on hand or if there is on hand any excess amount in the Consolidated l.ry,rovnment Bond Debt Service Fund; the Council may cause the Clerk to certlify to the county auditor the fact and amount thereof and request that the auditor • reds" by the amount so certified the amount otherwise to be included itt the -- tulle next. .hereafter prepared. OCT.ZON 1..05 - FLEDGE OF CREDIT. fin full faith and credit of the City shall be and hereby arc plod;ed for the ptc:mpt a::d full payment of the principal of and interest on all improvement -2- bonds made payable from the Consolidated Improvement Bond Deb' Service Fund sod the City Council shall provide money for the payment of such principal and interest when due and, if needed for such purpose, to le-4a direct ad valorem tax on all of the taxable property in the City without limitation as to rate or amount. SCC.ION 59.06 - IMPROVEMENT BONDS. Improvement bonds made payable from the Consolidated Improvement Bond Debt N:,?vice Fund shall be sold in such manner and on such terms, shall be in such f3rm and contain such covenants, and shall be executed and delivered in such r<aur as the City Council may be resolution provide consistent with this ord1nanc.e and the laws of the State of Minnesota. SRCPION 59..07 - EFFECTIVE DATE. This ordinance shall be in full force and effect immediately upon its passage and publication in the official newspaper. ATTEST: Wit.. pkt.iec ity /Clerk Adopted: December 10, 1974. Ali it ov:.d: December 10, 1974. Pu fished: December 19, 1974. -3- CITY COUNCIL CITY OF EAGAN By: • CITY OF EAGAN ORDINANCE NO. 60 CIVIL DEFENSE AN ORDINANCE PROVID7}1G FOR CIVIL DEFENSE AND FOR PROTECTION AND PROMOTION OF ' PUBLIC SAFETY, HEALTH' AND WELFARE IN THE CITY OF EAGAN DURING CIVIL DEFENSE EMERGENCIES. THE CITY COUNCIL OF iNE CITY OF EAGAN ORDAINS: ;SECTION 60.01 - POLity and PURPOSE Subd. 1 - Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes, and in order to insure that preparations of this city will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and safety, and to preserve the lives and property of the people of this city, it is hereby found and declared to be necessary: A. To establish a local organization for civil defense; B. To provide for the exercise of necessary powers during civil defense emergencies; C. To provide for the rendering of mutual aid between this city and other political subdivisions of this state and of other states with respect to the carrying nut of civil defense functions. Subd. 2 - It is further declared to be the purpose of this ordinance and the policy of the city that all civil defense functions of this city be coordinated to the maximum extent practicable with the comparable functions of the Federal government, of this state, the'county, and of other states and localities,. and of. private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources, and facilities, for deal- ing with any disaster that may occur. SECTION b0.02 - DEFINITIONS Subd. 1 - "Civil Defense" means the preparations for and the carrying out of all emergency functions, other than functions for which military forces are priWarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or natural causes. These func- tions include, without limitation, fire -fighting services, police services, medi- cal health services, rescue, engineering, warning services, communications, radio- logical, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, utilization of beat available Fallout Shelters, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of the foregoing functions. Subd. 2 - "Civil defense emergency" means anemergency declared by the governor under Minnesota Statutes, Section 12,31, or an emergency proclaimed by the mayor under. Section 6 of this ordinance. 4 • • Subd, 3 - "Civil defense forces" means any personnel employed by the city and any other volunteer or paid member of the local civil defense department engaged in carrying on civil defense functions in accordance with the provisions of this ordinance or any rule or order thereunder. Subd. 4 - "Disaster" means any flood, landslide, drought, fire, hurricane, tornado, explosion, plane crash, earthquake, storm, physical castastrophe, damage or destruction as a result of cataclysm of nature, or aftermath of a disturbance, which is or threatens to be of sufficient severity and magnitude to require efforts in aleviating the damage, hardship or suffering, or the potential of any of these, that is greater than that which a community, with its regular personnel or resources, is capable of managing. SECTION 60.03 - ESTABLISHMENT OF CIVIL DEFENSE DEPARTMENT Subd. 1 - There is hereby created within the city government a civil defense department which shall be under the supervision and control of a director of civil defense, hereinafter called the director - coordinator. The director-coordifator shall be appointed by the mayor and approved by the city council for an indefinite term and may be removed by a two-thirds vote of all council members at any time. The director -coordinator may be compensated at a rate to be determined by the city council aad he shall be. paid his necessary expenses.: The director -coordinator shall have direct responsibility for the organization, administration, and operation of the civil defense department, eubject to the'direction and control of the mayor and council. The civil defense department, shall be organized into such divisions and bureaus, consistent with state and local civil defense plans, as the director -coordinator deems necessa'-• to provide for the .efficient performance of local civil defense.functions duri:.. a civil defense emergency. The civil defense department shall perform civil defense functions within the city and, in addition, shall conduct such functions outside the city as may be required pursuagt.:to the provisions of the -,Minnesota Civil'Defense Act of 1951 as amended, or this ordinance. Subd. 2-- There -is hereby created within the civil defense department a, civil defense advisory committee of at least 3 members and no more than 5 members hereinafter called the "committee". Members of.the committee shall be appointed by the council to represent city departments and other groups concerned with civil defense. The mayor shall be chairman and the director -coordinator shill be secretary of the committee. The committee shall advise the'director-coordinator and the city council on all matters pertaining to civil defense. Each member shall serve without compensation and each appointed member shall hold office at the pleasure of the council. SECTION 60.04 - POWERS AND DUTIES OF THE DIRECTOR-000RDINATOR Subd. 1 - The director -coordinator, with the consent of the mayor, shall repre- sent the city on any regional or state organization for civil defense. He ehall develop proposed mutual aid agreements with other political subdivisions within or outside: the state for reciprocal civil defense aid and assistance in a civil defense emergency too great to be dealt with unassisted, and he shall present such agreements to the council for its action. Such arrangements shall be con- sistent with the state civil defense plan and during a civil defense emergency, it shall be the duty of the civil defense agency and civil defense forces to render assistance in accordance with the provisions of such mutual aid arrangements. Any mutual aid arrangement with a political subdivision of another state shall be subject to the approval of the governor. -2- • • Subd. 2 - The director -coordinator shall make such studies and surveys of the manpower, industries resources, and facilities of the city including Fallout Shelters as he deems necesaary to determine their adequacy for civil defense, and to plan for their most efficient use in time of a civil defense emergency. Subd. 3 - The director -coordinator shall prepare a comprehensive general plan for the civil defense of the city which will include a Community Shelter Plan utilizing the established Fallout Shelters and shall present such plan to the council for its approval. When the council has approved the plan by resolu- tion, it shall be the duty of all municipal agencies and all civil defense forces of the city to perform the duties and functions assigned by the plan is approved. The plan -may be modified in like manner from time to time. The director shall coordinate the civil defense activities of the city to the end that they shall be consistent and fully integrated with the civil defense plans, of other political subdivisions within the state. Subd. 4 - In accordance with the state and city civil defense plan, the director -coordinator may institute such training programa and public information programs and may take all other preparatory steps, including the partial or full mobilization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the city civil defense plan in time of a civil defense emergency. Be may, from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary. Subd. 5 - The director -coordinator may utilize the personnel, services, equip- ment, supplies, and facilities of existing department and agencies of the city to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent practicable, cooperate with and extend such services and facilities to the local civil defense agency and to the governor upon request. The head of each department in cooperation with and under the direction of the director, shall be responsible for the planning and the programming of such civil defense activities'as will involve the utiliza- tion of the facilities of this department. Subd. 6 - The director -coordinator shall, in cooperation with existing city departments affected, organize, recruit, and train Fallout Shelter Managers, Radiological Monitors, police reserves, rescue personnel, auxiliary firemen, emergency medical personnel, and any other personnel that may be required on a volunteer basis to carry out the civil defense plans of the city and. the state. To the extent that such emergency personnel are recruited to augment a regular city department for civil defense emergencies, they shall be assigned to such department for purposes of administration and command. The director -coordinator may dismiss any civil defense volunteer at any time and require him to surrender any equipment and identification furnished by the city. Subd. 7 - Consistent with the civil defense plan, the director shall provide and equip emergency hospitals, casualty stations, ambulances, canteens, evacuation' centers, and other facilities, or conveyances for the care of the injured or homeless persons. Subd. 8 - The director shall carry out all orders, rules, and regulations issued by the governor pertaining to civil defense. Subd. 9 - The mayor with the assistance of the civil defense director -coordi- nator shall direct and control the general' operations of all local civil defense forces during a civil defense emergency in conformity with controlling regulations and instructions of State Civil Defense authorities. The heads of departments and agencies shall be governed by his orders in respect thereto. Subd. 10 - Consistent with the civil defenee plan, the director shall provide and equip at some suitable place in the city an Emergency Operation Center and, • if required by the local civil defense plan, auxiliary centers to be used during a civil defense emergency as headquarters for direction and control of civil defense forces. Be shall arrange for representation at the center by municipal departments and agencies, public utilities and other departments authorized -by Federal or State authority to carry on civil defense activities during a civil defense emergency. He shall arrange for the installation at the Emergency Opera- ting Center of necessary facilities for communication with and between heads of civil defense divisions, the stations and operating units of municipal services and other departments concerned with civil defense and for communication with other communities and Emergency Operating Centers, within the surrounding area and with the Federal and State departments concerned. Subd. 11 - During•the first 30 days of a civil defense emergency; if the Legislature is in session or the governor has coupled his declaration of the emergency with a call for a special session of the Legislature, the director -coor- dinator may, when necessary to save life or property, require any person, except members of the Federal or State Military forces and officers of the state or any - other political subdivision, to perform services for civil defense' purposes as he directs;. and he may commandeer, for the time being, any motor vehicle, tools, appliances, or any otherproperty, subject to the owner's right to just compen- sation as provided by law. SECTION 60.05 - GENERAL PROVISIONS ON CIVIL DEFENSE WOREERS Subd. 1 - No person shall be employed or associated in any capacity in the civil defense department who advocates or has advocated a change by force or violence bathe constitutional form of government of the United States or in this state, or the•overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment for information charging any subversive act against the United States. Each person who is appointed to serve in the civil defense department shall, before entering upon his duties, take en oath in writing before a person authorized to administer oaths in this state, or before any officer of the state department of civil defense, or the local (or county) director -coordinator. The oath shall be substantially'*in the form prescribed by Minnesota Statutes, Section 12.43. Subd. 2 - Civil defense volunteers shall be called into service only in case of a civil defense emergency or a natural disaster for which the regular municipal forces are inadequate or for necessary training and preparation for such emer- gencies. All volunteers shall serve without compensation. Subd. 3 - Each civil defense volunteer shall be provided with such .available insignia or other identification as may be required by the director -coordinator. Suchidentification shall be in a form and style approved by the Federal govern- ment: No volunteer shall exercise any authority over the persona or property of others without his identification. No person except an authorized volunteer shall use the identification of a volunteer or otherwise represent himself to be an authorized volunteer. • Subd. 4 - No civil defense volunteer shall carry any firearm while on duty except on written order of the chief of the policedepartment. -4- • • 3-2-76 H. It shall be the duty of the City Police Department or duly appointed dog-catcher to make periodic checks to determine whether dog owners have acquired license tags for their dogs. I. In the event it is determined that the owner has not complied with the terms of the ordinance in respect to acquiring a license, the owner thereof is in violation of this ordinance. SECTION 5.04 — ANIMAL KENNELS Subdivision 1. — KENNEL LICENSING. No animal kennel shall be constructed or operated without the owner thereof first obtaining a permit therefore from the City Council. Application for such permit shall be made in person by the owner at a regular meeting of the City Council at which time the owner shall present a written plan of the proposed kennel and the location of residential dwellings within a 1,500 foot radius of such kennel, said plan to be in sufficient detail to enable the Building Inspector to understand the nature and location thereof. Upon approval. by resolution, of such application, the Clerk shall issue a permit upon payment by owner of a permit fee in the sum of Fifty ($50.00) Dollars. Such permit shall L valid for a period of one (1) year from December 1st which may be renewed from year to year thereafter upon the application of the owner at least thirty (30) days before the expiration of the current permit year. The renewal permit fee shall be Twenty-five ($25.00) Dollars. The City Council shall have the sole discretion in granting or refusing such permits, and, for cause shown, may revoke same after reasonable notice to the owner without any refund of said permit fee. SECTION 5.05 -- IMPOUNDING Subdivision 1. — DISPOSING OF ANIMALS. Any authorized person may impound any animal found running at large contrary to the provisions of this ordinance. In the event such owner is known he shall be notified. Any such animal that is not claimed within five (5) days of impoundment may be destroyed in an humane a manner as possible or otherwise disposed of by the City Council or duly authorized represen- tative in such manner as it deems appropriate. -2- • Subd. 5 - Personnel,procedares of the city applicable to regular employees shall tint apply to voltinteer civil defense worker; but shall apply to paid employees of the civil defense department. SECTION 60.06 - EMERGENCY REGULATIONS Subd. 1 -When used in this section, the term "civil defense emergency" includes; in addition to the meaning given in Section 2, Subdivision 2, disasters caused by fire, flood, windstorm,` or other natural causes. Subd. 2 - Whenever necessary to meet a Civil Defense emergency or to prepare for such an emergency for which:adequate regulations have not been adopted by the governor or the city council, the mayor may by proclamation promulgate regulations, consistent with applicable Federal or State law or'regulation, respecting: pro- tection against nuclear missiles; the sounding of attack warning; the conduct of persona and the use of property' during emergencies; the repair, maintenance, and. safeguarding of essential public services; emergency health, fire', and safety regulation, trial drills, or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in civil defense emergencies. Subd. 3 - Every proclamation of emergency regulations shall be in writing and signed by the mayor; shall be dated; shall refer to the particular civil defense emergency to which it pertains, if so limited; awl shall be, filed in the office of the city clerk, where a copy shall be kept posted. and available for pub- lic inspection during business hours. Notice of the existence of such regulation and its availability for inspection at the clerk's office shall be conepi.cuou617 posted at the front of the city hall or other headquarters of the city and at such other places in the affected area as the mayor shall designate in the pro- clamation. Thereupon the regulation shall take effect immediately or at such later time as may be specified in the proclamation. By like proclamation the mayor may modify or rescind any such regulation. Subd. 4 - The city council may rescind any such regulation by resolution at any time. If not sooner rescinded, every such regulation.shall expire at the end of 30 days after its effective date or at the end of the civil defense emergency to which it relates, whichever occurs first: Any ordinance, rule, or regulation inconsistent with an emergency regulation promulgated by the mayor shall be;aus- pended during the period of time and to the extent that such conflict exists. Subd. 5 - During a civil defense emergency the.mayor is authorized to contract on behalf of the city for services or for. the purchase of merchandise or materials where the amount of the contract or purchase does not exceed $2,000. The mayor may take such actid! without prior approval. of the council, and without compliance with regular purchasing and bidding procedures, but all claims resulting therefrom shall be audited and approved by the council as in the case of other purchases and contracts. SECTION 60.07 - CIVIL DEFENSE DEPARTMENT REPORT Subd. 1 The director shall, as soon as possible after the end of each fiscal year, prepare and present to the city council for the iuturmation of the council and the public, a comprehensive report of the oat:vities of the civil defense department during the year. IRtTI01i-='6ati'U! ' flALiOUT: ^SHELTERIN PUB fC' STRUCTURES • Subd. 1 it is the policy,of;the city that fallout shelter be incorporated in atl"public buildings Of the city to the fullest extent'' practicable inorder to provide protection.againsc`rediation id the event of nuclear attack. Subd. 2.-•The.city council may require that all contracts for the -design or construction. of .public buildings, including additions to or alterations of ' 'existing atrudiurea; incorporate fallout protection for at least the normal anticipated detly population of the building. The fallout shelter protection •provided'£or:ehall meet or exceed the minimum space and fallout protection criteria recommended :Iy.the Office of Civil Defenee,.United States Department of Defense, unless exempte& from such shelter requirement, SECTION:60.0e - CO$FORMITY ADD COOPERATION WITH FEDERAL & STATE AUTHORITY $ub41 Every,; officer; and; agency of the city shall cooperate with Federal apd;State;authorities'and.:with,authorized departments engaged in civil defense and elergency meeau dW;to the fullest poasible extent consistent with the performance of .their"othe'r duties. The provis;iro'pe of this ordinance and of all regulations made thereunder shell be subject to'.ah.applicable and controlling provisions of Federal and State laws and of regulations and orders issued thereunder and shall be deemed to be suspended and inoperative so far es there.is any..conflict..there- with. Subd. 2 - The City council may;appointany qualified person: holdingcsition Bs snydepartmentcreated under. Federal, or State authority' for..civil defense''purpc^°s as a special policematy of;the city,:*ith such t3tite powers'and duties within' . n city incident tothe ftinctionsot'his"position,'hot'exceeding those of a regular policeman. of the',=city„:es maybe prescribed in the appointment. Every such policemaa'ehall:beeubject to the supervision and control of the chief of police and such other polite officers of the city as the chief may designate: SECTION 60:10 - PENALTY • Anz:. erson who violates any provision of this ordinance orEdf any regulation adopted thereunder releting.to acts,.. oSt o omissions, or cucti :"t'het official.: acts of'city.officers or employees,- is guilty of a misdemeanor, end -anon conviction may bepunished by a fine of not more than $300. or by imprisonment for not more thanAVOmfaser both.. SECTION.60.11 - INVALIDITY The invalidity of any,part of this ordinance es declare& 4' a.court of com- petent.juriedictiontehall,not affect the validity, of the remeinderthereof. SECTION 60.12 - CONFLICTING'ORDINANCES REPEALED • n11..;ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 60,13 - EFFECTIVE DATE This ordinance shall take effect upon its adoption and publication according . to law. ATTEST: CITY COUNCIL CITY OF EAGAN By: City Clerk Mayor Original Ord. Adopted: Date of Pub.in Dakota Ctv.Tribune: CITY OF EAGAN OIRUINANC;E NO. 62 SNOW REMOVAL noM SIDEWAYS AN ORDINANCE REQUIRING TIE REMOVAL OF SNOW AND ICE FROM SIDEWALKS AND PROVIDING A PROCEDURE AID PENALTY FOR FAILURE TO DO SO. Till CITY COUNCIL OF TEE CITY OF EAGAN ORDAINS: SECTION 62.01 - - NUISANCE The City Council does hereby find all snow and ice, remaining on public sidewalks in the City of Eagan to be a public nuisance. SECTION 62.02. - - ABATEMENT Subdivision 1. Sidewalks shall be cleared as soon es passible after each snowfall but in no event later than 12 hours after the caseation of such snowfall. Subsequent intermittent snow flurries shall not be used to enlarge the 12 hour period. Subdivision 2. The owner or occupant of any property within the City of Eagan fronting upon or adjacent to a public street shall cause the sidewalks along or in front of the property to be kept clear and free of snow to the full width thereof. The owner of vacant land, wherein there is located a public sidewalk shall be responsible for the removal of snow therefrom. Subdivision 3. Where ice has formed that cannot he removed, then salt, sand, ashes, or other suitable material shall be spread upon such ice in suffi- cient quantity to make the sidewalks usable by pedestrians. Subdivision 4. Nothing in this section requires the removal of snow upon a public boulevard where no sidewalk exists. SECTION 62.03 - - S IERINTENDEBTT OF PUBLIC WORKS TO REMOVE Upon refusal of the owner or occupant to remove snow or ice or by failure of the owner or occupant to comply with the provisions of Section 62.02, the Superintendent of Public Works shall remove all snow and ice which may be found thereon and shall keep a record of the cost of such removal era the lot or lots 4 • • adjacent to which such accumulation wore found and removed. Immediately after such removal is completed, ho shall ne.tvar Said Lnfarmation to tba City Clerk, SECTION 62.04 - - COST OF P?Th OVAL TO A?. [' '255f The Clerk shell, tzcn dirt^.lion of teas City Council, on receipt of the information in Section 62.03, e.tnrcl t. coat of caid removal as a spacial tax against the lots abutting an the caulks t.SLch ware cleared. The mount of such trm shall he certified to the County Auditor to be certified end co:t en::1d with otter taxes and assessments. SECTTON 62.05 - - CIVIL SUIT FOR COST OF REVOVAL The City Attorney, at the direction of the City Council, shall brim suit in any court of competent jurisdiction to recover from tha parson arcing the lend acjacent to which a sidewalk was cleared, es provir'as to Section 62.03, the coat of ouch clearing and tba coat cf suit. SECTION 62.06 - - PENALTY Any person who shall violate any provision of this Ordinance shall ke deemed guilty of a miodem+naa. and shall be punished by a fine not to exceed Three Hundred Doi.tsts ($303.00) or imprisonment in the county jail for not mare than ni.-nty (29) ds o, or both, for e042 offense. Each day of violation shall bo con- eidced c •-"c" effcnee. r °.2 7 VALIDITY - SF ^"- Tbe invalidity of any pert of this Ordinance as declared by a court of compnteat turiedicrtuu ohall not affect the validity of the remainder thereof. sECTT("d 62.03 - - EFFECTIVE DATE This Ordinance shall becomeeffective from and after the date of its pug . i::a!•i.or. according to larr. ATTEST: Alyce BC1114, City Clerk CITY COUNCIL - CITY OF EAOAN Herbert Polain, Mayor ' Original Ordinance Adopted on 1975. Published in the Dakota County Tribune on , 1975. CITY OF FAGAN DAKOTA COUNTY, MI.NNESCYTA ORDINANCE ti0, 63 CCtPR?EENSIVE PARKING ORDINANCE AN ORDINANCE INCORPORATING DY REFERENCE M.S.A. CHAPTER 169 RELATING TO TH'.? PARKING OF MOTOR VEHICLES ON PUBLIC STREETS AND HIGHWAYS ALSO RELATING TO Th'E PARKING OP MOTOR VEHICLES ON PRIVATE PROPERTY AND REGULATING THE PARKING AND STORAGI'. OF TRUCES AND RECREATIONAL VEHICLES AID EQUIPMENT ON PUBLIC AND PRIVATE PROPERTY IN TIM CITY OF EAGAN. TIx3 CITY COUNCIL OF. THE CITY OF EAGAN, DAKOTA COUNTY, DOES HEREBY ORDAIN AS F(":R F;r SECTION 63.01 - PURPOSE The purpose of this ordinance is to provide uniform rules and regulations for parking of moor vehicles on public property and to further protect the health, safety and general welfare of the citizens of Eagan by regulating the parkin and storage cf motor vehicles, trucks and recreational vehicles and equipment on the public and private property in the City of Eagan, SECTION 63.02 - INCORPORATIOI? BY REFERENCE Those sections of I4.S.A. Chapter 169 regulating the parking and stopping oP motor vehicles on public streets and highways together with ail axandments thereto, are hereby incorporated by reference and made a part of the laws of the City of Eagan, Dekota County, to the same extent es if said ser.tiona eere set forth in full herein. SECTION 63.03 - PARKING OH PRIVATE PROPERTY Subdivision 1. - No person shall park a vehicle in any privo..ta driveway or on private property or parking area on private property without the direct or implied consent of the owner or person in lawful possession of such property. Subdivision 2. - Whenever the owner of property used for or in connection " .th business purposes is required by council resolution or ordinance or as a condition precedent to the issuance of a use or occupancy permit, or by written order of the Fire Marshall or the Chief of Police, to maintain driveways, access lanes or other; r -1- ;l areas unobstructed by parked or stopped vehicles for the purpcae of insuring ingress or egress for police, fire and eaxrgency vehicles, the owner or person in lawful possession of such property shall place or cause to be placed e: him expense a sign or signs as follows: A, Tha signs shall bear the legend o "No Parking - Fire Lane" or a siroiit3r. message; B. The signs ,hall e. place:: :;n such a position so as to be visible to s iy;>:a attempting to use the way or area for parking; C. The signs shall be permanent, nenportable signs except when temporary signs are approved by written order of the Fire Marshall or Chisf of Police; D. The signs shall be placed at appropriate locations under the supervision of the City. Subdivision 3, - Failure of such owner or person in possession of the property to place or post such signs and to maintain such signs is a misdameaano . Parking in violation of such signs, except for persons momentarily stopped to let passengers dr tlieLK vehicle, shall constitute a misdemeanor punishable according to the provisions of Section 63.05. SECTION 63,.04 - TRUCKS & RECREATIJNAL 'JEIIICYES & EQUIP1%NT Subdivision 1. - For the purpose of OIL. ordinance, the following terms shall have the meanings ascribed to them in this subdivision, A, Recreational vehicles and equipment means licensed or unlicensed motor vehicles as defined in M.S.A. g 169.01 including but not limited to house trailers, chassis mounted campers, house cars, motor homes, tent trailers, alip in campers and converted buses and vans which meet the following critc::ia: 1. Are not used as the residence of the owner or occupant. 2. Aza used for temporary living quarters by the owner or occupant while engaged in recreational or vacatior. activities. ,3, 3. Are self-propelled or towed on public streets or highways incidental to such recreational or vacation activity, The term includes snowmobiles and snowmobile trailers, boats ad /oat: trailers and all terrain vehicles and all terrain vehicle trailers, The term does not include mobile homes cr house trailers as defined in M.S.A. 8168.011, Subd. 8, B. Truck shall mean every self-propelled motor vehicle used primarily for the purpose of transporting property, including but not limited to construction trucks, moving vans, truck tractors, road tractors, a combination of truck tractor and trailer or semi-tra.iler.. This term shall exclude a "pick-up track" whose gross weight in 9,000 pounds or less. C. Residential District shall have the meaning ascribed to it in the 7agatt Zoning Ordinance 852.07 and includes public streets located within of h . • district.. Subdivision 2. - The following restrictions apply to the parking and storage of recreational vehicles and equipment and trucks in the residential districts of the City: A. No truck shall be parked overnight on any public right-of-way or boulevard in a residential district, Th's specifically incl+Aes construction trucks and moving vans. B. No recreational vehicle or equipment. shall be parked or stared on any public street or boulevard for more than 72 consecutive hours. .C. Recreational vehicles and equipment may be stored or parked on an estab- lished driveway or off-street parking site at any time. D. Recreational vehicles and equipment may be stored or parked on a front, side, or rear lot on a residential district subject to the following coed iticna; 1. No point of the vehicle or equipment may be located within 10 feet of the rear lot line or 3 feet of the side lot line. 2. No point of the vehicle or egntpment may be located within 15 feet of any improved roadway. Subdivision 4. - Recreational vehicles and equipment may not be used for living or housekeeping purposes for longer than 14 days while parked or stored in a residential district. Subdivision 5. - Where it can be ohonn by the owner of a truth or recreational vehicle or equipment that for reasons of space limitations, topography, Landscaping or other structural or spacial factors, that the vehicle or equipment cannot be reasonably parked or stored in accordance with the provisions on this section, a special permit may be issued on request by the City Council or its duly authorized representative. SECTION 63.05 - PENALTY Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Three Hundred Dollars ($300.00) or by imprisonment not to exceed ninety (90) dew, or both. However, the Fire Iiarshall, the Chief of Police or their authorized agents are hereby authorized to remove and tow away or have romovea U. bo..aA rrygy by a commercial towing service, any vehicle illosally parked in a fire lane in violation of Section 63.03. cdLa nv towed away shall be stored in a safe place aril shall be restored to the owner upon payment of reasonable towing and storage fees. The payment of such removal and storage charges shall not release the owner or driver,of such vehicle from any other penalty imposed for violation of this ordinance. SECTION 63.06 - INVALIDITY The invalidity of any part of this Ordinance as declared by a Court of compe- tent jurisdiction shall not affect the validity of the remainder thereof. 0' • • SECTION 63.07 - CONFLICTING ORDINANCES REPEALED All ordinances and parts of ordinances in conflict herewith are hereby repecled. SECTION 63,.08 - EFFECTIVE DATE This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN Alyce Bolke, Clerk Herbert H. Polzin, Mayor Original Ordinance Adopted on August 5 , 1975. Amended Ordinance Adoption on , 19 Published in the Dakota County Tribune on Auyuct 14 , 1975. IN • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 64 - WINE ORDINANCE AN ORDINANCE GOVERNING THE ISSUANCE OF "ON -SALE" WINE LICENSES IN THE CITY OF EAGAN DAKOTA COUNTY; MINNESOTA. THE CITY COUNCIL OF THE CITY OF EAGAN ORDAINS: SECTION 64.01 -- DEFINITIONS Subdivision 1. WINE means a vinous beverage containing not more than 14% alcohol by volume. Subdivision 2. RESTAURANT means an establishment under the control of a single proprietor or manager, having appropriate facilities for serving meals, and having facilities for seating not fewer than 40 persons at one time, and where in consider- ation of payment therefor, mealsare regularly served at tables to the general public and which employs an adequate staff to provide the usual and suitable service to its guests. Subdivision 3. CITY means the City of Eagan. SECTION 64.02 -- LICENSE REQUIRED. Subdivision 1. No person shall sell, exchange, barter, dispose of or keep for sale any wine without first obtaining a license therefor from the. City and complying. with the laws of the State of Minnesota and the regulations promulgated by the Liquor Control Commissioner and also appropriate regulations and statutes of the United States of America. Subdivision 2. Subdivision 1 of this section shall not apply to any person licensed pursuant to Ordinance No. 42. SECTIOM 64.03 -- "ON -SALE" LICENSE An "on -sale" wine license shall be issued only to a restaurant. No person licensed under the Ordinance shall sell wine, by the glass or the bottle, except for consumption on the licensed premises only, in conjunction with the sale of food. SECTION 64.04 -- QUALIFICATIONS OF THE APPLICANT No license sl,oia :.- 4.0.140 or renewed to any persona .a. Adopted this 2nd day of March, 1976. • ATTEST: CITY COUNCIL CITY OF EAGAN /a/ Al ce Bolke By: /a/ Herbert H. Polzin Alyce Bolke, City Clerk Herbert H. Polzin, Mayor Original Ordinance Adopted: May 19, 1959 Ordinance Amendment Adopted: September 4, 1973 Amendment Published in the Dakota County Tribune: September 27, 1973 Ordinance Amendment Adopted: March 2, 1975 Amendment Published in the Dakota County Tribune: -3- 3- -76 (1) who is not the owner or the manager of the business operating at the licensed premises. In case of a corporation, the applicant must be the manager of such premises or business. (2) who is under 21 years of age. (3) who has been convicted at any time within the past five (5) years of a felony or gross misdemeanor relating to the operation of the licensed premises or of violating any federal, state, or local ordinance relating to the manufacture, sale, possession or use of beer, wine or intoxicating liquor. (4) who is a manufacturer of beer or who is interested in the control of any place where intoxicating liquor is manufactured. (5) who is an alien. (6) who is not of good moral character. (7) whose spouse has had an intoxicating liquor or wine license revoked within five (5) years prior to the date of application, under the terms of Eagan ordinances or the statutes of the State of Minnesota. SECTION 64.05 -- LICENSING PROCEDURE Subdivision 1. Wine license applications shallfollow the procedures ari requirements for on -sale liquor license as set forth in Ordinance No. 42 Sections 42.04 - 42.08 (inclusive) except that: a. The bond provided under Section 42.04 (Subd. 2) shall be in the amount of 82,000.00. b. No liquor liability insurance shall be required, however, the public liability insurance provisions of Section 43.04 (Subd. 3) shall apply. Subdivision 2. In the event the wine license application is denied the applicant shall forfeit $50.00 of the fee to cover the administrative costs incurred by the City. SECTION 64.06 -- LICENSE FEE The annual fee for an "on -sale" wine license under this Ordinance shall be $500.00. There will be an additional fee of $100.00 for a Sunday sale license. SECTION 64.07 -- ANNUAL REPORTS Subdivision 1. Each liceasoe eball furnish the City Clerk such information as required by the Clerk including the following, :best later than 30 days prior to -2- renewal of each "on -sale" license: a. The name or names of all persons owning or having an interest in the licensed business including their date of birth, occupation, residence and place of business. b. A list of all other liquor businesses by name and address that are located in the State of Minnesota in which such persons listed in Subsection a. of this section have an interest, and state the extent of such interest. SECTION 64.08 -- IMPROPER LICENSES Any license issued to a person not entitled to receive the same under this Ordinance or any law of the State of Minnesota shall be revoked by the Council at any time after ten (10) days notice and public hearing. SECTION 64.09 -- TRANSFER OF LICENSE Subdivision 1. No "on -sale" wine license granted by the City shall be trans- ferable from person to person or from place to place without the consent of the Council, which consent shall be evidenced by resolution passed by the Co'nccil. No license shall be granted for a specific part of any particular building cp. premise which permit sales of such liquor on a part of such premises not speci .ied ir the license. The Council may, by resolution, grant the right to use such other portions of the building or premises for such sales. Subdivision 2. The transfer of stock in any corporate licensee shall be deemed a transfer within the meaning of this section, and no such transfer of stock .shall be made without the consent of the Council. It is hereby made the duty of the officers of any corporation holding a license issued under the authority of this Ordinance to notify the Council of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of stock shall be effective with- out the consent of the Council given in the manner above set forth. The transfer of any stock without the knowledge or consent of the Council shall be deemed suffi- cient cause for revocation by the Council of any lioonoe yrentel to etch corporation by the Council. Subdivision 3. Such corporate officers shall also notify the Council when eny -3- change is made in the officers of any such corporation, end the failure to so notify the Council shall likewise be sufficient cause for revocation of any license granted to such corporation. Subdivision 4. At the time the application for the transfer of an existing "on -sale" wine license, except from place to place, said proposed transferee or transferor shall pay to the City Clerk the sum of $150.00 as a transfer fee. On a transfer from place to place, the fee shall be $50.00. In the event the application for transfer is denied, said transfer fee shall be returned to applicant. SECTION 64.10 -- HOURS OF OPERATION Subdivision 1. No sale of wine, either by the glass or bottle shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 p.m. on any election day, in the district in which such election shall be held. No "on -sale" shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any week day. Sunday sale hours shall be between the hours of 12:00 o'clock noon to 12:00 o'clock .: night. Subdivision 2. No person shall consume wine in any licensed establishment in this City at any time more than 30 minutes after the time for selling such wine has ceased. It shall be the personal responsibility of each licensee to see that the terms of this section are complied with. SECTION 64.11 -- LICENSE REVOCATION OR SUSPENSION Subdivision 1. The Council may without notice revoke the wine license for a violation of any provision of state law, federal law or this code relating to intoxicating liquor. Subdivision 2. Upon conviction of the licensee or of any agent or empi:.yee of said licensee of any felony or gross misdemeanor relating to the licensed premises or violation of any of the provisions of the United States law, Minnesota law or any ordinance of the City relating to the manufacture, sale, possession or use of intoxicating liquor on the premises operated under said license shall be grounds for revocation of said license. 0 Subdivision 3. Upon suspension or revocation of an'bn-sald'wine license, such suspension shall include the automatic revocation or suspension cif Sunday sale license which may be in force or held by the suspended'bn-sald'license holder. Further, the Council may at their discretion, suspend or revoke both the "on -sale" and Sunday sale licenses, upon any violation or conviction under the Sunday sale licenses, or may revoke the Sunday sale license only. Subdivision 4. No part of the license fee shall be repaid upon such revocation. SECTION 64.12 -- LIQUOR CONTROL COMMISSIONER Subdivision 1. The City Clerk shall after issuing any "on -sale" wine license submit to the Liquor Control Commissioner of the State of Minnesota the full name and address of each person granted such license including the trade name, effective license date, date of expiration, change of address, change of ownership, suspension, cancellation, or the revocation of such license by the Council. SECTION 64.1.3 -- MULTIPLE OWNERSBXP AND MULTIPLE LICENSED PREMISES Subdivision 1. Except where a combination "on -sale" and/or Sunday sale iicanse is permitted by the laws of the State•of Minnesota no person shall knowin;ly have or possess a direct or indirect interest in more than one retail license in the City. Interest includes any pecuniary interest in the ownership, operation, management or profits of retail liquor establishment other than bona fide rental agreetsnts, bona fide loans or bona fide open accounts. SECTION 64.14 -- XNSPECTIONS Subdivision 1. The premises of all liquor establishments shall be open for inspection by City officials and other public officers at all times. The premises shall be maintained in a sanitary condition. A11 laws, regulations and ordinances in force pertaining to sanitation and health shall be complied with. Glasses shall be sterilized prior to being refilled or reused. SEC'lON 64.15 -- RENEWAL OF APPLICATIONS Subdivision 1. •.cnl.tcation for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall be made in such form as the Council may approve. If, in the judgment of the Council good and sufficient cause is shown by any applicant for his failure to file for a renewal within the time provided, the Council may, if the other provisions of this ordinance are complied with, grant the application. SECTION 64.16 -- NONDISCRINTNATION Subdivision 1. The•City hereby declares it unfair and in violation of this ordinance for any licensee to discriminate against any individual in connection with the hiring, the admission of customers or in any other way related to conduct of his business on the basis of race, creed, color, national origin or ancestry of such person. SECTION 64.17 -- PENALTY Subdivision 1. Any person, individual, firm, partnership, association or corporation who violates any provision of this ordinance shall upon cor_victi:•.:.. punished by a fine not exceeding $300 and/or imprisonment not exceeding 90 clays. SECTION 64.18 — VALIDITY Subdivision 1. Sections, subsections, clauses, provisions and portions of this ordinance are deemed to be severable and should any section, subsection, clause, provision or portion of this ordinance be declared by a Court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of this ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 64.19 -- EFFECTIVE DATE This ordinance shall be in full force and effect from and after its publication. CITY COUNCIL ATTEST: CITY OF EAGAN �' By: Its Olen* Its Mayor original Ordinance adoption the day of Published in the Dakota County Tribune on ,19 -6- CITY OF EAGAN DAROTA COUNTY, MINNESOTA ORDINANCE NO. 65 - UNIFORM FIRE CODE AN ORDINANCE ADOPTING THE MINNESOTA UNIFORM FIRE CODE BY REFERENCE THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: SECTION 65.01 - UNIFORM FIRE CODE The Minnesota Uniform Fire Code one copy of which has been marked as the official copy and which is on file in the office of the City Clerk, is hereby adopted as the fire code for the City of Eagan for the purpose of prescribing regu- lations governing conditions hazardous to life and property from fire or explosion, except such portions as are modified or amended by Section 7 of this ordinance. Every provision contained in this code, except as modified or amended by this ordinance, is hereby adopted and made a part of this ordinance as if fully set forth herein. SECTION 65.02 - ENFORCEMENT Subdivision 1. The Fire Chief or his authorized representative shall enforce the provisions of this ordinance. Subdivision 2. The Fire Chief may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Fire Chief may recommend the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. SECTION 65.03 - DEFINITIONS Subdivision 1. Wherever the word "jurisdiction" is used in the Minnesota Uniform Fire Code, it shall be held to mean the City of Eagan. Subdivision 2. Wherever the term "Corporation Counsel" is used in the Minnesota Uniform Fire Code, it shall be held to mean the City Attorney. SOS • SECTION 65.04 - ESTABLISHMENT OF LIPIITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMSJJSSTIBLE LIQUIDS. IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED. Subdivision 1. The limits referred to in Section 15.201 of the Minnesota Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks ie prohibited, shall be established by the City Council after recommendation of the Advisory Planning Committee and the Volunteer Fire Department upon submission of an application for a permit for such storage. Subdivision 2. The limits referred to in Section 15.601 of the Minnesota Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, shall be established by the City Council after recommendation of the Advisory Planning Committee and the Volunteer Fire Department upon submission of an application for a permit for such storage. SECTION 65.05 - ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 20.105(a) of the Minnesota Uniform Fire Code, in which bulk storage of liquified petroleum gas is restricted, shall be established by the City Council after recommendation of the Advisory Planning Committee and the Volunteer Fire Department upon submission of an application for a permit for such storage. SECTION 65.06 - ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES, AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 11.106(b) of the Minnesota Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, shall be established by the City Council after recommendation of the Advisory Planning Committee and the Volunteer Fire Department upon submission of an application for a permit for such storage. SECTION 65.07 - AMENDMENTS MADE IN THE MINNESOTA UNIFORM FIRE CODE The Minnesota Uniform Fire Code is amended and changed in the following respects: The deletions in Fire MAR 33, paragraphs (c), (d), (e), (f) & (g) shall remain a part of this code. SECTION 65.08 - APPEALS Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council within 30 days from the date of the decision appealed. SECTION 65.09 - NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS. The Building Inspector,a representative appointed by the'City Council and the Fire Chief or his representative shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The Fire Chief shall post such names in a conspicuous place in his office, and distribute copies thereof to interested persons. SECTION 65.10 - PENALTIES Subdivision 1. Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply therewith, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or by a court of •competent juriadiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not exceeding $300 and by imprisonment for a period not exceeding 90 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be re- quired to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are main- tained shall constitute a separate offense. Subdivision 2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. -3- • SECTION 65.11 - INVALIDITY The invalidity of any part of this Ordinance as declared by a court of compe- tent jurisdiction shall not affect the validity of the remainder thereof. SECTION 65.12 - CONFLICTING ORDINANCES REPEALED All ordinances or parts thereof in conflict with the provisions of this ordinance or of the Code hereby adopted are hereby repealed. SECTION 65.13 - EFFECTIVE DATE This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN By: Its Clerk Its Nayor Date Crdinance Adopted: Date Ordinance Published in the Dakota County Tribune: -4- CITY OF MAGAU DAPDTA COUNTY, MINNESOTA ORDINANCE NO. 66 - ASSESSMENTS DEPERRED • SENIOR CITIZENS AN ORDINANCE DEFERRING SPECIAL ASSESSMENT AGAINST SENIOR CITIZENS' HOMESTEADS IN CERTAIN CASES AND PRESCRIBING THE RATE OF INTEREST TNEREDN. THE CITY COUNCIL OF THE CITY OP EAGAN DOSS HEREBY ORDAIN: SECTION 66.01 -- DAP 0P SPECIAL ASSESSMENTS The City Council may defer the payment of a special assessment against any !uttestead property of not to exceed 10 acres owned and occupied by a person 65 years of age or older, when the total amount of the assessment exceeds $ 300.00 and the payment thereof would create a hardship upon the property owner. SECTION 66.02 -- HARDSHIP DEFINED A harahip shall be deemed to prima facie exist when the average annual payment for all assessments levied against the subject property exceeds 1% of the Adjusted Gross Income of the applicant as evidenced by the applicants most recent Federal Income tax return. The average annual payment of an assessment shall be the total cost of ete. assessment divided by the number of years over which it is spread. SECTION 6G.0? -- APPLICATION Applications for deferred assessments under this Ordinance shall be made on forms provided by the City Clerk. SECTION 66.04 -- TERMINATION OF D ?ERM INT The deferment of payment of special assessments shall cease and all amounts accruing plus interest at the rate of 8 % per annum shall become due and pay- able upon the occurrence of any of the following events: 1. The death of the owner, provided that the spouse is unable to qualify under th provisions of this Ordinance. 2. The sale, transfer or subdivision of the property of any part thereof. 3. If the property, for any reason, should lose its homestead status. 66 TC'TTh OF EA.Cf l! DAK:OTA COUNTY, MIINNESCTA nfDT' pC` NO. 7 AN ORDINANCE GRANTING TO NORTHERN NATURAL G:'.0 COMPANY, A CORPORATION, ITS LESSEES, SUCCESSORS AND ASSIGNS, A NC! -EXCLUSIVE AUTHORITY FOR A PERIOD 2F TvWENTY--FIVE (25) YEARS TO ERECT AND MAINTAIN A CAS PLANT AND/OR GAS SYSTG1 AND ANY AND ALL NECESSARY MUSS, PIPES, SERVICES AND OTHER APPLIANCES TI EREUNTO A.PPERTAINING IN, UP:1:, OVEt, ACROSS AND !.LONG THE STRE::T3, ALLEYS, FRIDGES, PUBLIC ?L'+GEES 2F THE TONIC CF EAGAN, DAKOTA COUNTY, iiiN'_:3'TL, FOR THE TRANSMISSION, DISTRIBUTION Lio SALE OF NATURAL GAS FCR ALL USES AND PURPOSES I1! BAiD TOWN AND PRESCRIBING THE TERMS AND CONDITIONS UNDER ?WIHICH THE SLID CCii?ANY IS TO OPERATE. THE CARD CF SUPERVISORS CF THE TOWN CF &-G'.N ORDAINS: SECTION? 7.01. -- GR.'.NT That Northern Natural Gas Company, a corporation, (operating as Peoples Natural Gas Division), its lessess, successors and assigns, hereinafter referred to as grantee, be and are hereby granted a non- exclusive authority for a period of twenty-five (25) years, to erect and maintain a as plant and/or gas system and any and all necessary mains, pipes, services and other appliances thereunto appertaining in, upon, over, across and along the streets, alleys, bridges and public places in the Town of Eagan, Minnesota, for the transmission, distribu- tion and sale of natural gas for all uses and purposes in said Town. SflCTICN 7.C2. -- INTERFERENCE WITS THOROUGHFARE Whenever the grantee, in the construction or maintenance of its system or in the installation of any extension thereto, shall cut into or take up any pavement or shall make any excavation in any street, avenue, alley or public places, within the Town, the same shall be done in a runner so as not to interfere with the use of such thoroughfares by the public. The grantee shall use such safeguards as may be necessary to prevent injury to persons or property during such construction work, • C. If, for any reason, the City Council shall aetez*dae7that• tbe'se •vntt4 be no hardship to require immediate or partial payment. SECTION 66.05 -- EFFECTIVE DATE. This Ordinance shall take effect immediately upon passage, approval and publication. fttEST: CITY COUNCIL CITY OF EAGAN (s) Bolke By: (a) Herbert Polzin Its Clerk Its Mayor Original Ordinance adoption the 3rd day of August , 19 76 . Published in the Dakota County Tribune on -2- .-r (• • •. CITY OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE N0. 67 - INDUSTRIAL STRENGTH CHARGE ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH 'CHARGE IN ADDITION TO THE CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPU- TATION THEREOF TO RECOVER OPERATION AND MAINTENANCE COSTS OF WASTE TREATMENT SERVICES ATTRIBUTABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SEWER SYSTEMJkATJD ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE. THE CITY COUNCIL OF THE CITY OF EAGAN DOES HEREBY ORDAIN: Section 67.01. Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the 'Commission'') in order to receive and retain grants in compliance with the Federal Water Pollution Control Act Amendments of 1972 and regulations thereunder (the 'Act"), has determined to impose an industrial user sewer strength.charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes Section 473.121, Subdivision 24) to recover operation and maintenance costs of treatment worksattributable to the strength of the discharge of industrial waste, such sewer strength charge being in addition to the charge based upon the volume of discharge. In order for the City to pay such costs based upon strength of industrial discharge and Allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving waste treatment services within cr served by the City. Furthermore, Minnesota Statutes, Section 444,075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee; occupant or all of them and certify unpaid charges to the nrnrity auditor as a tax lien against the property served. Section 67.02. Establishment of Strength Charges. For the purpose of paying the costs allocated to the City each year by the Commission that are based upon the atrenith of dis-. charge of all industrial users receiving waste treatment ser- vices within or served by the City there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge -upon each company or corporation receiving waste treatment services within or served by the City, based upon strength of industrial waste discharged into the sewer system of the City (the 'Strength Charse ) Section 67.03. 'Establishment of Strength Charge Formula. For the purpose of computation of the Strength Charge established by Section 67.02 hereof, there is hereby established. erproved. ::':': adopted in compliance with the Act the same stren;;":h charge furnula designated in Resolution No. 76-172 adopted by the governing body of the Commission on June 15. 1976, such formula being based upon pollution qualities and difficulty of dis- posal of the sewage produced through an evaluation of pollution qualities and quantities in excess of an annual average base 2 re • • and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission. Section 67.04. Strength Charge Payment. It is hereby ap- proved, adopted and established that the Strength Charge estab- lished by Section 67.02 hereof shall be paid by each industrial user receiving waste treatment services and subject thereto be- fore the twentieth (20th) day next succeeding.:thedate of billing thereof to such user by or on behalf of the City; and such payment thereof shall be deemed to be delinquent if nct so paid to the billing entity before such date. Further- more; it is hereby established, approved and adopted that 1.f such payment is not paid before such date an industrial uaer shall pay interest compounded, monthly at the rate of two- thirds of one percent (2/3%) per month on the unpaid balance due. Section 67.05. Establishment of Tax Lien. As provided by flinnesota Statutes. Section 444.075, Subdivision 3, it is hereby approved, adopted and established that if payment of the Strength Charge established by Section 67.02 hereof is not. paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf or the City,, said delinquent sewer strength charge, plus accrued interest established pursuant to Section 67.04 hereof; shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the 'county auditor with taxes against the property served for collection as other taxes are collected; provided however, that such certification Shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. Section 67.06; Severability. In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 67.01. Effectiveness. This ordinance shall take effect immediately upon passage, approval and publication. ATTEST: (,Z , .. 8/Alyce Bolke It's Clerk CITY COUNCIL CITY op EAGAN St By: s/Herbert H. 'Polzi'n It'.s Mayor Olgina1 Ordinance adoption the 21 day of December; 1976. Published in the Dakota County Tribune on February 3, 1977. • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 68 - ESTASLISBING AN ELECTRICAL INSPECTOR AN ORDINANCE ESTABLISHING AN ELECTRICAL INSPECTOR, INSPECTORS COMPENSATION AND ADOPTING AN ELECTRICAL ORDINANCE 1 THE CITY COUNCIL OF THE CITY OF EAGAN DOES HEREBY ORDAIN: SECTION 68.01 -- APPLICATIONS OF TUE PROVISIONS OF THIS ORDINANCE Subdivision 1. The provisions of this Ordinance shall apply to all installa- tions of electrical conductors, fittings, devices, fixtures hereinafter referred to as electrical equipment, within or on. public and private buildings and premises, with the following general exceptions. The provisions of this Ordinance do not apply to the installations in mines, ships, railway cars, aircraft, automotive equipment, or the installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this Ordinance. Subdivision 2. As used in the Ordinance, "reasonably safe to persons and property" as applied to electrical installations and electrical equipment, means safe to use in the service for which the installation or equipment is intended without unnecessary hazard to life, limb or property. Subdivision 3. For purposes of interpretation of the provisions of this Ordinance, the most recently published edition of the National Electrical Code shall be prima -facie evidence of the definitions, interpretations and scope of words and terms used in this Ordinance. SECTION 68.02 -- ELECTRICAL INSPECTOR: QUALIFICATIONS & APPOINTMENT. Subdivision 1. There is hereby created the office of Electrical Inspector. The person chosen to fill the office of Electrical Inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his duties, and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be fed �0a �_ I well versed in approved methods of construction for safety to persons and property; that Statutes of the State of Minnesota relating to electrical work and any orders, rules and regulations issued by authority thereof; and the National Electrical Code as approved by the American Standards Association; shall have two years experience as an Electrical Inspector or five years experience in the installation of electrical equipment, or a graduate mechanical or electrical engineer with two years of practical experience. Subdivision 2. A Certified State Electrical Inspector shall be appointed by the City Council and need not be a City employee. Any assistant shall meet the same requirements as the Electrical Inspector. Subdivision 3. The salary of the Electrical Inspector shall be determined by resolution of the City Council. Before entering upon the discharge of his duties, he shall be bonded in the sum on Five Thousand Dollars ($5,000) to the City of Eagan. Subdivision 4. Duties of the Electrical Inspector: It shall be the duty of the Inspector to enforce the provisions of this Ordinance. He shall, upon appli- cation, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this Ordinance. He shall keep complete records of all permits issued, inspections and reinspections made and other official work performed in accordance with the provisions of this Ordinance. He shall also keep on file a list of inspected electrical equipment issued by or for Underwriters Laboratories, inc., which list shall be accessible for public reference during regular office hours. The inspector is empowered to employ, subject to the approval of the City Administrator, any assistant inspectors and clerical assistants necessary for the proper conduct of his office and installation of electrical installations as provided by this Ordinance. Subdivision 5. It shall be unlawful for the Inspector or any of his assistants to engage in the sale, installation or maintenance of electrical equipment, directly -2- • or indirectly, and they shall have no financial interest in any concern engaged in such business in the City of Eagan. Subdivision 6. Authority of Electrical Inspector: The Inspector shall have the right during reasonable hours, to enter any building or premises in the dis- charge of his official duties, or for the purpose of matting any insection, re - inspection or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the Inspector to be dangerous to persons or property because it is defective or defectively installed, the person, firm or corporation responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the Inspector to place such equipment in safe condition and if such work is not completed within fifteen (15) days or any longer period that may be specified by the Inspector in said notice, the Inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of the Fire Department, the Inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment. Subdivision 7. The Inspector may delegate any of his powers to any of his assistants. SECTION 68.03 — STANDARDS FOR ELECTRICAL EQDIFIENT INSTALLATION. Subdivision 1. All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this Ordinance and the applicable Statutes of the State of titnnesota and all orders, rules and regulations issued by the authority thereof. Subdivision 2. Conformity of installations of electrical equipment with applicable regulations set forth in the current National Electrical Code, National Electrical Safety Code, or electrical provisions of other safety codes which have -3- • • • been approved by the American Standards Association, shall be prima -facie evidence that such installations are reasonably safe to persons and property, together with such additions and exceptions contained herein. Non-compliance with the provisions of this ordinance shall be prima -facie evidence that the installation is not reasonably safe to persona and property. Subdivision 3. The Electrical Inspector may, with approval of the City Council, authorize installations of special wiring methods other than herein pro- vided for. Subdivision 4. Buildings or structures moved from without to within and within the limits of the City of Eagan shall conform to all of the requirements of this Code for new buildings or structures. Subdivision 5. Existing buildings or structures hereafter changed in use shall conform in all respects to the requirements of this Code for the new use. SECTION 68.04 -- WIRING METHODS. The Uniform Building Code as amended shall apply. SECTION 68.05 -- CONNECTIONS TO INSTALLATIONS. Subdivision 1. It shall be unlawful for any person, firm or corporation to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected by the Electrical Inspector. Subdivision 2. The public or private utility providing services shall disconnect the same upon a written order from the Electrical Inspector, if the Inspector considers any electrical installation unsafe to life and property or installed contrary to this Code. Subdivision 3. No permit shall be required for minor repair work as defined in M.B. 326.244 meaning the adjustment or repair and replacement of worn or defec- tive parts of electrical fixtures, switches, receptacles and other equipment provided that such minor repairs are made in compliance with accepted standards. of construction for safety to life and property as defined in M.B. 326.243 and do not require replacement of the wiring to them. The Board's inspectors or agents -4- • • • may inspect any such minor repairs at the request of the owner or person making such repairs. SECTION 68.06 -- PERMS AND INSPECTORS. Subdivision 1. An electrical permit is required for each installation, alteration or addition of electrical work for light, beat and power within the limits of the City of Eagan. Subdivision 2. No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of itsfunction as a utility, except that such electrical installation shall conform to the minimum standards of the National Electric Safety Code. Subdivision 3. Ownership of any transmission or distribution lines or appurtenances thereto, including but not limited to transformers, shall not be transferred by a public service corporation to any person, firm or corporation, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the City of Eagan. Such permit shall be issued only after the facilities to be transferred have been inspected and approved as provided in this Ordinance and upon payment of an inspection fee as set forth in this section of the Ordinance. Subdivision 4. Before any permit is granted for the installation or alteration of electrical equipment, the person, firm or corporation making application for such permit shall pay the City of Eagan a fee in such amount as then determined by resolution of the Eagan. City Council and furnish proof of a valid State contractor's certificate. Subdivision 5. Application for such permit, describing the electrical work to be done, shall be made on a State Certificate of Affidavit, in writing, to the City of Eagan, by the person, firm or corporation so registered to do such work. The application shall be accompanied by such plans, specifications and schedules -5- Ordinance No. Title of Ordiaa.;.:c 26. Northern• Btsten ?owe: Company Franchise 27. Dakota Cnurty Electric Cooperative Franchise 28. Northern. States Power Company Gas Franchise 29. B-E-B Sewer and Water Ordinance 30. Curfew for Niuors 31., Snowmobile Regulations 32. Amending Penalty Provision 33. Beating, Ventilation & Air Conditioning 34. Rubbish Collection 35. Vending Machine Ordinance 36. Building Code 37. Burning Prohibitions 38. Partial }repayment of Assessments 39. Parks 40. Office of Clerk -Treasurer 41. Salaries of Mayor and Council Members 42. Liquor Ordinance 43. Non -intoxicating Beverage (3.2) Ordinance 44. Tavern Ordinance • • • and upon its completion, all pavement shall be replaced in as good condition as it was before taken up. L11 excavations shall be refilled and all obstructions shall be removed at the expense of the grantee and to the satisfaction of the grantor. In the event that the grantee shall fail to comply with the provisions of this section after having been given reasonable notice, the grantor ray do such work as may be needed to properly repair said thorcu.^,hfcre and the cost thereof shall be repaid to the grantor by the grantee. S3CTL.E 7.03. -- INTE^PERENCE ''IT?; IIiPP^VE!IENT.S The grantee in erecting and maintaining said gas distribution system, and in entering and using said streets, highways, avenues, alleys and public places in said Town and in laying its gas equipment, shall not in any manner interfere with or injure any improvement which said Town of Eagan, Minnesota, now has or may hereafter have upon any of its streets, alleys, highways or public places. "3CTIM! 7.04. -- 21AINTi.TNIYG SYST2 Grantee agrees for and in behalf of itself, its lessees, successors and assigns, that for and during the term and period of this grant, it will maintain in the Town of Eagan, Minnesota, an adequate, modern, standard and sufficient gas system and equipment and to maintain and operate the same in a modern and adequate fashion and in a manner adequate to meet the necessities and requirements of the Town of Eagan, its industries and inhabitants. Provided, however, that no obligation shall extend to, or be binding upon the Grantee, to construct or extend its mains or furnish natural gas or gas service within said Town if Grantee is, for any reason, unable to obtain delivery of natural gas at or near the corporate limits of said Town or an adequate supply thereof to warrant the construction or extension of its mains, for the • as may be necessary to determine whether the electrical installation as described, will be in conformity with all the legal requirements. The fees for electrical inspection as set forth by resolution shall accompany such application. If applicant has complied with all of the provisions of this Ordinance, a permit for such electrical installation shall be issued. Subdivision 6. All electrical installations which involve the concealment of wiring or equipment shall have a "rough in" inspection prior to concealment, wherein the Inspector shall be duly notified in advance, excluding Saturday, Sunday and Holidays. Subdivision 7. When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the equipment shall notify the Electrical Inspector and such equipment shall not be concealed until it has been inspected and approved by the Electrical Inspector or until twenty-four (24) hours, exclusive of Saturdays, Sundays and Holidays, shall have elapsed from the time of such notification; provided that on large installations, where the concealment of equipment proceeds continuously, the person, firm or corporation installing the electrical equipment shall give the Electrical Inspector due notice and inspections shall be made periodically during the progress of the work. Subdivision 8. At regular intervals the Electrical Inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed under such a permit since the day of his last previous inspection, and shall issue a Certificate of Approval for such work as is found to be in conformity with the provisions of this Ordinance, after the fee required has been paid. Subidivion 9. If upon inspection, the installation is not found to be fully in conformity with the provisions of this Ordinance, the Electrical Inspector shall at once forward to the person, firm or corporation making the installation, a written notice stating the defects which have been found to exist. -6- SECTION 68.07 -- INSPECTION FEES Inspection Fees and inspections of ttansisdt ptojecte including but not timited • to carnivals and circuses, the inspection fees will be set forth by Resolution of the City Council. SECTION 68.03 -- PENALTIES Any person, firm or corporation who shall violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $300 for each offense together with taxable costs and/or imprisonment for not more than ninety (9O) days. SECTION 68.09 -- LIABILITY FOR DAMAGES This ordinance shall not be construed to affect the responsibility or liability for any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the City of Eagan be held as assuming any such liability by reason of the inspection or rein- epection authorized herein or the Certificate of Approval issued as herein provided • or by reason of the approval or disapproval of any equipment authorized herein. SECTION 63.10 -- VALIDITY If any section, sub -section, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council of the City of Eagan hereby declares that it would have passed this Ordinance and each section, sub -section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared uncon- stitutional or invalid. SECTION 68.11 -- EFFECTIVENESS This Ordinance shall take effect immediately upon its approval, passage and publication. ATT$ET: • Original Ordinance Adopted: 5-3 - 7 7 CITY COUNCIL CITY OF EAGAN Date Published in the Dakota County Tribune: _5--i9-7J • CITY OF EAGAN DAKCOTA COUNTY, MINNESOT_A ORDINANCE NO. 69 - EAGAN PERSONNEL ORDINANCE AN ORDINANCE ADOPTING THE EAGAN BASIC PERSONNEL POLICY BY REFERENCE THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN: SECTION-69.01 -- EAGAN BASIC PERSONNEL POLICY The Eagan Basic Personnel Policy, one copy of which has been marked as the official' copy and which is on file in the office of the City Clerk, is hereby adopted as the personnel policy for the City of Eagan for the purpose of establish- ing a uniform and equitable system of municipal personnel administration for all employees of the City except where certain personnel provisions are covered by a collection bargaining contract. Every provision contained in the polity, except as modified or amended by this ordinance, is hereby adopted and made a part of this ordinance as if fully set forth herein. SECTION 69.02 — INVALIDITY The invalidity of any part of this Ordinance as declared by a court of compe- tent jurisdiction shall not affect the validity of the remainder thereof. SECTION 69.03 — CONFLICTING ORDINANCES REPEALED All ordinances or parts thereof in conflict with the provisions of this ordinance or of the Code hereby adopted are hereby repealed. SECTION 69.04 — EFFECTIVE DATE This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN ALYCE BOLKE HERBERT POLZIN By: Its Clerk Its Mayor JDNE 21, 1977 Date Ordinance Adopted: Date Ordinance Published in the Dakota County Tribune: JULY 7, 1977 r• • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 70. AN ORDINANCE LICENSING AND REGULATING THE CONDUCT OF BINGO, GAMBLING DEVICES AND RAFFLES, AND PROVIDING A PENALTY FOR VIOLATIONS. THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN:4.14 SECTION 70.01 - PURPOSE. The purpose of this ordinance is to closely regulate and control the conduct of the game of bingo, gambling devices and raffles and to prohibit commercialization. SECTION 70.02 - DEFINITIONS. Whenever the following terms appear in this ordinance, they shall have the meanings assigned to them in this section. Subdivision 1. Active member. A member of the organization requesting a license whose dues are paid for the current membership period and who has been a member for at least six months. Subdivision 2. Bingo. A game where each player has a card or board for which a consideration has been paid, containing horizontal rows of spaces, with each row except the central one containing five figures. The central row has four figures with the word "free" marked in the center space thereof. A player wins a game of bingo by completing any pre -announced combination of spaces or, in the absence of a pre -announcement of a combination of spaces, any combination of five spaces in a row, either vertical, horizontal or diagonal. Subdivision 3. Bingo occasion. A single gathering or session at which ___ a series of one or more successive bingo games is played. Subdivision 4. Eligible organization. Any fraternal, religious, veterans or other nonprofit organization covered by Minnesota Statutes Section 290.05, Subdivision 1, Clause (I) or (K), which organization has been in existence for at least three years and has at least thirty, (30) active members and whose principal base of operations and activity are located in the City of Eagan and whose profits primarily benefit residents and organizations within the City of Eagan. • Subdivision 5. Profit. The gross receipts collected from one or more • bingo occasions or the operation of gambling devices or the conduct of raffles less reasonable sums necessarily and actually expended for supplies and equipment, prizes, rent and City.license fees. Subdivision 6. Gambling devices. Those gambling devices known as "paddlewheels" or "tipboards", or apparatus used in conducting raffles. Subdivision 7. Paddlewheel. A wheel marked off into sections containing one or more numbers, and which, after being turned or spun, uses a pointer or marker to -indicate winning chances. Subdivision 8. Tipboard. A board, placard or other device measuring at least 12 inches square, marked off in a grid or similar pattern, in which each section contains a hidden number of numbers, or other symbol, which determines the winning chances. Subdivision 9. Raffle. A game in which a participant buys a ticket for • a chance at a prize with the winner determined by a random drawing. SECTION 70.03 - LICENSE REQUIRED. Subdivision 1. No bingo occasion may be conducted, raffle held or gambling device used except by an eligible' -organization which has secured a license for that purpose, as .provided in this ordinance. Separate licenses shall be required for .raffles, 'bingo and gambling devices. Subdivision-2. A license shall be valid for twelve calendar months from July 1st of each year. However, the Council may authorize a special license for no longer than two days to each eligible organization in any one year provided all other licensing requirements are met. Subdivision 3. The annual license fee shall be established by resolution of the City Council. • Subdivision 4. A license application shall be acted upon by the Council III no sooner than 30'days and no later than 180 days after the date of application. -2- Subdivision 5. No license issued may be transferred to any other person or organization. No license shall be transferred to any location other than the location specified in the license, without prior approval by the Council. SECTION 70.04 - LICENSE APPLICATIONS. Every application for a license shall be made to the City Clerk on a form supplied by the City and containing such information as .the Clerk or Council may require. No person shall make a false statement in an application. Copies of each application shall be referred to the City's police chief, fire chief, building inspector and other necessary staff persons for their recommendations. SECTION 70.05 - SUSPENSION AND REVOCATION. The Council may suspend for a period not exceeding 60 days, or revoke, any license for violation of any provision of Minnesota Statutes Chapter 349 or this ordinance. Upon request of the holder of the license, the holder shall be granted a hearing after 10 days notice before revocation or suspension is ordered. The notice shall state the time and place of the hearing and the nature of the charges against the license. SECTION 70.06 - APPOINTMENT OF GAMBLING MANAGER. All operation of gambling devices, the conduct of raffles or bingo games shall be under the supervision of a signle gambling manager designated by the organization. The gambling manager shall be responsible for gross receipts and profits from the gambling devices, raffles or bingo and for their operation. The gambling manager shall post a fidelity bond in the sum of $10,000.00 in favor of the organization conditioned on the faithful performance of his.. or her duties. Terms of the bond shall provide that notice shall be given in writing to the City Council not less than thirty (30) days prior to its cancellation. The City Council, by unanimous vote of the entire Council, may waiver the bond requirement by -including a waiver provision in the license. The manager shall be an active member.of the organization. No person shall act as a manager for more than orie organization. SECTION 70.07 —CONDUCT OF BINGO. -3- ,Subdivision 1. One or more checkers shall be engaged for each bingo occasion. The.checkers shall be active members of the licensed organization, their spouses, or their children over the age of 18. A member's child, over the .age of 18, shall be a checker only in the event that he be allowed to participate in the conduct of the bingo occasion by the resolution of the majority of the membership, recorded in the official minutes of the organization. The checker or checkers shall record the number of cards purchased and played in each game prior toithe completion of each game and record the prizes awarded to the recorded cards Each checker shall certify all figures which he or she has recorded as accurate and..correct to the best of his or her knowledge, on forms prescribed by the City Clerk. Subdivision 2. Additional persons may be engaged for other duties in connection with bingo occasions as needed, but no person shall assist in the conduct of a bingo occasion who is not an active member of the licensed organization, the spouse or children over the age of 18 of an active member of the licensed .organization. Subdivision 3. No person shall receive more than $12.00 as compensation for any duties in connection with any one bingo occasion. Subdivision 4. No.more,than two bingo occasions each but in no event, no more than 26 bingo occasions each year shall be conducted by an licensed organization. Subdiviaion,5. A bingo occasion may not continue for more than four consecutive hours. Subdivision 6.Any person, corporation, or_eligible organization, which leases any premises that it owns to two or more eligible organizations for purposes including the conduct.. of bingo, occasions, shall not allow more than four bingo occasions.to be1conducted on the premises in any week. _ Subdivision 7. Any. eligible organization which leases any premises to one..or more eligible organizations for.purposes including the conduct of bingo occasions shall use the proceeds of the rental, less reasonable sums for maintenance, furnishings, and other may be used as set out necessary expenses, only for the uses for which bingo profits in Section 70.12 of this ordinance. 'Not less than' once _ each year the lessor organization shall report to the City Council the disposition of all receipts which it has received during the reporting period from the rental of its facilities to other organizations for purposes including the conduct of bingo occasions. Subdivision 8. No eligible organization shall conduct bingo on any leased premises without a written lease for a term at least equal' to'the remainder of the term of the bingo license of the lessee organization. Lease payments shall be at a fixed monthly rate, or rate per bingo occasion, not subject to change during the term of the lease. No such lease shall provide that rental payments be based on a percentage of receipts or profits from 'bingo occasions. Subdivision 9. Prizes for a single bingo game shall not exceed One Hundred Dollars ($100.00) except for a game of the type commonly known "cover -all" game. "Cover -all" prizes may exceed $100.00 provided that of such prizes for a,bingo occasion shall not exceed $500.00. The aggregate of prizes for a bingo occasion shall not exceed $2,500.00 except that in the value value as' a the aggregate case of a bingo occasion during which a "cover -all" game is played for a maximum prize of more than $100.00 but less than $500.00, the aggregate' value of prizes for the bingo occasion shall not exceed $3,000.00. Merchandise prizes shall be valued at fair market retail value. Subdivision 10. Each bingo winner shall be determined and every prize shall be awarded and delivered the same day on which the bingo occasion is -conducted. Subdivision 11. Each licensed organization shall keep records of its gross receipts and profits for each bingo occasion. All deductions from gross receipts from a bingo occasion shall be documented with receipts or other records. The distribution of profits shall be itemized as to payee, amount,' and' date•of payment. Records required by this ordinance shall be preserved fat three years. • Subdivision 12. Gross receipts shall be compared to- the checkers' records for the bingo occasion by a person who did not sell cards for the bingo occasion. If a discrepancy exceeding $20.00 is found between the amount of gross receipts for a bingo occasion as determined by the checkers' records, and the amount of gross receipts as determined by totaling the cash receipts, the discrepancy shall be reported to and investigated by the City. Subdivision 13. Bingo gross receipts shall be segregated from other revenues of an organization and placed in a separate account. Each organization shall maintain separate records of its bingo operations. The person who accounts for bingo gross receipts and profits shall not be the same person who accounts for other revenues of the licensed organization. Subdivision 14. Reports. Each licensed organization shall report monthly to, its membership its gross receipts from bingo, its profits from bingo, and the itemized distribution of those profits. SECTION 70.08 -,CONDUCT OF RAFFLES AND OPERATION OF GAMBLING DEVICES. Subdivision 1. No, compensation ,shall be paid to any person in connection with the operation of a gambling. device or the conduct of a raffle by a licensed organization.. No person. who is not an active member of an organization, or its auxiliary, or the spouse or surviving spouse of an active member may participate in the organization's,operation:of a.gambling device or conduct of a raffle. Subdivision.2. Each organization' licensed to operate gambling devices shall keep records of its gross receipts, expenses and profits for each single gathering or occasion atwhich.,gambling-devices are operated or a raffle is conducted. All deductions from gross receipts. for each single gathering or occasion shall be documented. with receipta,or other. records indicating the amount, a description of the purchased item_o‘r service or_.,otherreason for the deduction, and the recipient. The distribution of profits.shall be itemized as to payee, purpose, amount and date of payment. • _- Subdivision 3. Gross receipts from the operation of gambling devices and the conduct of raffles shall be segregated from other revenues of the organs- . - zation, including bingo gross receipts, and placed in a separate account. Each -6- rs • organization shall have separate recorda of its gambling operations. 'The person who accounts for gross receipts, expenses and profits from the operation of gambling devices or the conduct of, raffles shall not be the same person who accounts for other revenues of the.organization, except that such person may be the same person who accounts for bingo gross receipts, expenses and profits. Subdivision 4. Each organization licensed to operate gambling devices or to conduct raffles -shall report monthly to its membership, and to the City its gross receipts, expenses and profits from gambling devices or raffles, and the itemized distribution of profits. Subdivision 5. Records required by this section shall be preserved for three years, and organizations shall make available their records relating to oper- ation of gambling devices and the conduct of raffles for public inspection at' reasonable times and places. Subdivision 6. Gambling devices shall be operated and raffles conducted by licensed organizationonlyupon premises which it owns or leases except that tickets for raffles conducted in accordance with this section'may be sold offthe premises. Leases shall be for a period of not less than' one year dud shall be'in writing. Said leases shall be for one location for the entire licensed year unless otherwise authorized by the City. -No license shall provide that' rental payments shall be based on a percentage of the receipts or'profits `from gambling devices or raffles. Copies of all leases shall be provided io the' City. Subdivision 7. Total prizes from' th'eop'eration of'paddlwheeil and tipboards awarded in any single -day in which they aie'opeteted shill not exceed $500.00. Total prizes resulting from any single 'spin 'ofa paddlewheel, or from' any single tipboard, shall not exceed $106.` Total prizes awarded in any calendar year by any organization from the operation of paddlewheels and tipboards and the • conduct of raffles shall not exceed $15,000. Merchandise prizes shall be valued at fair market retail value. Subdivision 8. Nothing in this ordinance shall be construed to authorize I furnishing of such natural gas or gas service; provided, further, that when the amount of natural gas supplied to Grantee at or neap: the Town limits of said Town is insufficient to meet the additional firm require- ments of connected or new consumers, Grantee shall have the right to prescribe reasonable rules and regulations for allocating the available supply of natural gas for such additional fire requirements to domestic, commercial and industrial consumers in that order of priority. SECTIC,N. 7.05. -- RLTE RECJ'IF.TION Grantee agrees for and in behalf of itself, its lessees, successors and assigns that all authority and rights in this ordinance contained, shall at all times be subject to all rights, powers and authority now or hereafter possessed by said Town of Eagan, Minnesota, to regulate rates, control and direct or otherwise by ordinance or resolution legislate concerning the franchise herein granted and concerning the manner in which Grantee shall use the streets, alleys, bridges and public places of said Town and concerning the manner in which Grantee shall use and enjoy the franchise herein granted. SECTIG[I 7.06. -- LDECUz:TE SUPPLY The grantee shall, at all times, maintain an adequate gas pressure and an adequate supply of clean, standard gas having a heating value of not less than Nine hundred (SOO) British Thermal Units per Cubic Foot of gas. Should the British Thermal Units fall below Nine Hundred (S00), the rate then in effect shall be automatically and correspondingly lowered and reduced during any period or periods of time in which such lower British Thermal Unit value shall be furnished. SECTION 7.07. -- $OLD UARMLFSS The grantee shall hold the grantor harmless from any and all any use, possession or operation of: (a) Any gambling device which is activated by the insertion of a --coin or token; or (b) Any gambling game or device in which the winning numbers, tickets or chances, are in any way:determined by the outcome of any athletic contest or sporting event. SECTION 70.09 - FILING. REQUIREMENTS. At the time of making its first license application under this ordinance, and on an annual basis thereafter, each licensed organization shall file with the Council copies of the following: a. The most recently filed department of the treasury, internal revenue service,, "Return of Organization Exempt from Income Tax" Form 990, or a comparable form if the organization is required to file the form with the department of the treasury. b. The most recently filed department of the treasury, internal revenue service,,"Exempt Organization Business Income Tax" Form 990-T, or a comparable form if the organization is required to file the form with the department of the treasury. c. The most recently filed annual report required of charitable organization by M.S. 309.53, provided that an organization that is licensed to conduct bingo but is exempt from submitting this report to the department of commerce under Section 309.53, Subd. la, shall nevertheless submit such a report under this subdivision. d. If a bingo license is involved the most recently filed Minnesota Department of Commerce "Statement of Bingo Operations". All information contained. in the statement shall be true, correct, and complete to the best of the knowledge of the. person or persons signing the. statement. - • • e. Any lease agreements required by this act, executed by the organization in regard to premises leased for the conduct of bingo. SECTION 70.10 - INSPECTION AND INVESTIGATION. The City Administrator, or Chief of Police, or any police officeracting under the direction of the City Administrator or Chief of Police, may inspect and examine the records of. any licensed organization at any reasonable time and place without notice. SECTION 70.11 - USE OF RECEIPTS. No expense shall be incurred or amounts paid in connection with the conduct of bingo, raffles or the operation of gambling devices, except those reasonably expended for supplies and equipment, prizes, rent, City license fees, and compensation to persons lawfully hired to conduct or assist in conducting a bingo occasion. SECTION 70.12 - USE OF PROFITS. Profits from any bingo occasion, raffle or operation of gambling devices shall be expended only as authorized by a resolution recorded in the official minutes at a regular meeting of the licensed organization and only for one'or more of the following purposes: (1) Benefitting persons by enhancing their opportunity for religious or eduction advancement by relieving or protecting from disease, suffering, or distress, by contributing to their physical well-being, by assisting them in establishing themselves in life as worthy and useful citizens, or by increasing their comprehension of and devotion to the principles upon which this nation was founded. (2) Initiating, performing, or fostering worthy public works or enabling or furthering the erection .or maintenance of public structures. (3) Lessening the burdens borne by government or voluntarily supporting, augmenting,, or supplementing services which government -9- would normally render to the people. (4) The improving, expanding, maintaining, or repairing of real property owned or leased by the licensed organization. Profits from bingo occasions, raffles and operation of gambling devices shall not be expended for the erection or acquisition of any real property, unless the City Council specifically authorizes the expenditures after finding that the property will be used exclusively for one or more of the purposes specified in this section. SECTION 70.13 - EXEMPTIONS. Bingo may be .conducted without complying with the requirements of Section 70.07, Subdivisions 4, 5, 6, 7, and 8 if conducted: (1) in connection with the county fair conducted by the county agricultural society or in connection with a civic celebration recognized by resolution of the City Council, provided that bingo shall not be conducted for more than 12 days during any one county fair or recognized civic celebration,. or -� (2) by an organization that conducts fewer than five bingo occasions in any license year. SECTION 70.14 - PENALTIES. Subdivision 1. Any person who shall violate any of the provisions of this code hereby adopted or fail. to comply therewith, or any license or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncom- pliance respectively, be guilty of a misdemeanor, punishable by a fine of not exceeding $500 and by imprisonment for a period not exceeding 90 days. The impo- sition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation within a'reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall. constitute a separate offense. -10- • ' 'i Subdivision 2. The application of the above penalty shall not be held to prevent the revocation or suspension of a license issued hereunder. • SECTION 70.15 - INVALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 70.16 - CONFLICTING ORDINANCES REPEALED. All ordinances or parts thereof in conflict with tae provisions of this ' Ordinance of of the Code hereby adopted are hereby repealed. • SECTION 70.17 - EFFECTIVE DATE. This Ordinance shall take effect upon its adoption and publication according to law. CITY COUNCIL CITY OF EAGAN ATTEST: By: Its City Clerk. Date Ordinance Adopted: February 20. 1979 Date Ordinance was Published in the Dakota County Tribune: Its Mayor. March 22. 1979 -11- • claims and actions, litigation or damage, arising out of the passage of this Ordinance or of the construction, erection, installation, main- tencnce or operation of its properties operated by authority of this Ordinance in said Town or the negligence of its employees in the operation thereof, including the Court costs and reasonable attorney's fees in making defense against such claims. A copy of any process served upon the grantor may be served by the grantor upon the grantee. The ;grantee shall have the obligation to defend any such actions whether in the name of said Town or in its own name. SCCT1Cil 7.03. -- EXTENSTC;'S The grantee shall not be required to extend its gas distribution system more than one hundred and fifty (150) feet for each customer to be served from any extension thereof, provided that the customer uses natural gas initially for heating, cooking, and water heating. In the event the customer uses natural gas for only two of the above uses, grantee shall not be required to extend its distribution mains more than one hundred (100) feet. SECTICa 7.0C. -- n:F.ULT If the grantee shall be in default in the performances of any of the terms and conditions of this Ordinance and shall continue in default for more than thirty (30) days after receiving notice from the Town Board of such default, the Town Board may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to the grantee. The said notice of default shall specify the provision or provisions in the performance of which it is claimed the grantee is in default. Said notice shall be in writing and served in the manner pro- vided by the laws of Minnesota for the service of original notices in civil actions. SECTION 7.10. -- NON-EXCLUSIvZ GRii:T The right and authority herein granted shall be non-exclusive and shall be and continue for a period of twenty-five (25) years from and after the date of the legal enactment of this Ordinance. SECTION 7.11. -- EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and publications as required by law and the acceptance thereof by the grantee. BOARD OF :UPERVISORS TON OF PAGAN Attest: Clerk Chairman • Original Ordinance Adopted October 20, 195V. Amended Ordinance Adopted '/7 /r- Published in the Dakota County Tribune on • / e 1-18-77 • • • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 8 - EXCAVATIONS AND FILLS AN ORDINANCE PROHIBITING FILLING, EXCAVATING, DIGGING AND GRADING OF THE EARTH AND THE OPENING OF PITS WITHOUT FIRST OBTAINING A PERMIT THEREFORE, PROVIDING FOR THE ISSUANCE OF PERMITS AND PENALITIES FOR VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF EAGAN ORDAINS: SECTION 8.01 -- DEFINITIONS Subd. 1. PERSON means any individual, partnership; firm, group of individuals or corporation however constituted. Subd. 2. EXCAVATION means any pit, hole or depression of earth material artificially made below natural grade level, except those made in pursuance of a building permit issued. Subd. 3. EARTH MATERIAL is any rock, natural soil or fill and/or any combination thereof. Subd. 4. FILL is a deposit of earth material placed by artificial means. SECTION 8.02 -- PERMIT REQUIRED Subd. 1. It shall be unlawful for any person, firm or corporation to remove, stCre or excavate earth material within the City of Eagan or to fill or raise existing surface grades, without first obtaining a permit from the City Council. Subd. 2. A permit under this ordinance shall not be re- quired for: a, Tho excavation, removal or storage of earth material for the purpose of the foundation, cellar, or basement of some immediately pending superstructure to be erected, built or placed thereon contemporaneously with, or immediately following such excavation, removal or storage, provided that a building permit has been issued. 1-18-77 b. Such excavation, removal.or,storage of earth material or other like material by the State, County or City authorities in connection with the construction or maintenance of roads or highways or utilities provided such activity is conducted within said road or highway right-of-way. c. Curb cuts, utility hook-ups or street openings for which another permit is required from the City. Where another permit is not required or obtained, an excavation permit shall be required. d. Installation of public utilities or excavation for construction purposes upon platted property within two years after an approved plat has been filed with Dakota County. Where a plat is pending or more than two years has lapsed since the filing of a plat, an excavation permit shall be required. e. Excavations or fills of less than 10,000 square feet in area or 5 feet in depth. Subd. 3. Any such excavation now being operated and maintained shall have a period of one (1) year from and after the date of passage hereof within which to make application fur permit in accordance herewith. SECTION 8.3 --- APPLICATION Subd. 1. Application for said permit shall be made in writing to the City Council on such forms and shall include such information as prescribed by the City including the location and plan of removal or fill of earthly deposits from such location. Subd. 2. Such application shall also include: a. Legal description of the lands upon which it is proposed to remove earthly deposits or make excavation. b, Name, address and signatures of applicants and owner of the land. c. Copies of any agreements contemplated or entered into between the owner of such lands and any other person for the opening, operation or maintenance of such excavation, removal of earthly deposits or fill site. 2 1-18--77 • • • d. The estimated time required to complete the work. e. The highways; streets;or other public roadways within:the City upon or along which the material shall be transported. • f. Method and schedule for restoration and measures to control erosion during and after the work. A map or plan of any proposed pit, excavation or fill area showing the confines or limits thereof together with the existing or proposed finished elevations based on sea level readings. h. The following additional information. 1. landscape plan for setback areas 2. location and surface of access roads 3. method of controlling dust 4. hours of operation' 5. method of maintaining security on premises 6. method of controlling access to open excavation 7. method of controlling weeds Subd. 3. The City,Council may refer such application to g• the Advisory Planning Commission for review and recommendation. SECTION 8.04 -- ANNUAL LICENSE FEE Subd. 1. A permit fee in the sum of $250.00 for each excavation permit or fill permit is required. In the event said application for permit is denied, such fee shall be re- turned to the applicant less reasonable costs incurred by the City for processing and handling the application. Subd. 2. In addition to the permit fee required as specified in Subd. 1, herinabove, each holder of such permit shall apply for a renewal permit annually on or before January 1st, commencing in the same year in which the original permit is issued and pay therefore an annual license fee of $150.00. 3 1-18-77 Subd. 3. in addition, the petitioner shall pay all reasonable costs incurred by the City for review and &tspection', including preparation of reports and review of plans by the City Engineer, City Attorney, and City Planner or other members of the staff, and costs of a similar nature. The payment shall be made by the petitioner upon receipts of an itemized invoice from the City and said payment shall be in addition to the fee required with the petition or renewal permit and herin above provided for. SECTION 8.05 -- REGULATIONS AND REQUIREMENTS The following restrictions where applicable shall apply to all permits: Subd. 1. SUPPORT. No excavation or digging shall be made closer to any road, right-oti-away line, property. lihe or structure on adjoining property as may endanger the support thereof as may be determined. by the City Engineer. Subd. 2. TIME. No operations shall be conducted prior to 7:00 A.M. nor after 7:00 P.M. nor at any time on Sundays and legal holidays unless otherwise approved by the Council. Subd. 3. REDUCING NUISANCES. All reasonable means shall be employed by applicant to reduce dust. noise and nuisances which shall include, but not exclusively, water spraying in the crushing process. Subd. 4. SCREENING. Where necessary to eliminate unsightly view of the excavation and:.:eperations,applicart shall plant suitable fast growing screening trees which shall be a minimum of six feet high placed in two rows staggered with trees not more than ten feet apart in each row. 4 1-18-77 Subd. 5. SLOPE MAXIMUMS. During the entire period of operations, all excavations shall be sloped on all sides at a maximum ratio of 1 to 1. Subd. 6. MANUFACTURING OR PROCESSING PROHIBITED EXCEP- TION. A conditional use permit shall be required for the manufacturing or processing of any material on the site. Subd. 7. COMMENCEMENT OF OPERATIONS. Applicant shall commence his operations on an internal portion of the site not less than 1,000 feet from the nearest dwelling and re- move all deposits in that area before moving out and closer to a boundary or dwelling. Subd. WELLS. Applicant shall not drill or install any well larger than 4 inches on a site without first obtaining approval from the City Council in writing. Subd. 9. WASTE WATER. Applicant shall dispose of all waste water used on the site in a manner which will not adversely affect adjoining property. Subd. 10. CEASING OPERATIONS -- REGRADING. Upon ^casing operations or leaving any particular excavation or area in the site, applicant shall regrade same in a reasonable n,a.n;.er• and shall slope same on all sides at a maximum slope of feet horizontal to 1 foot vertical. :3.,.bd. 11.. PAVING ACCESS ROADS. All access roads from any excavation or fill area which is the subject of this or- dinance., to any public paved roadway shall be paved for a dis- tance of at least 75 feet adjacent to the public roadway to eliminate accumulation of material spillage and to minimize dust cond.ttions. Said access roads shall be cleaned as needed 5 1-18-77 to maintain lowest possible dust conditions. Truck hauling routes shall be approved by the City for any permits granted under this Ordinance. Subd. 12. LOAD LIMITS. Applicant shall adhere to all county and city load limits in hauling to and from the site. Subd. 13. TRAFFIC SAFETY. Applicant shall provide warning signs and flagmen for proper traffic safety during periods of heavy traffic to and from or past the site and at such other times as the Council may require. Subd. 14. CEASING OPERATIONS - ONE YEAR LIMIT. In the event operations cease, or substantially so, on said site for a period of more than one year, or in the event substantially all gravel and sand deposits thereon have been removed, no further operations shall be conducted thereon and the agreement shall be deemed absolutely void. Subd. 15. CITY RULES AND REGULATIONS. The City may from time to time, adopt reasonable rules and regulations during the course of the agreement pertaining to applicant's operations which applicant shall agree to be bound by. For failure to comply with same, or with the agreement or applicable ordinances, rules and regulations, applicant shall cease operations immed- iately upon receipt of written notice by the City Council or its authorized representative unless within the time specified he shall remove such default. Subd. 7.6, OTHER OPERATORS. The applicant shall no, permit any other person, firm or corporation or combin&&:lon thereof to operate upon said site, haul or otherwise without first obtaining the written consent of the City Council and an 6 Ordinance No. Title of Ordinance 45 Election Ordinance - Repealed 46 Trees 47 Saunas 48 Justice of the Peace and Constables - Abolition of Offices 49 Conducts in Parks 50 Recreational Vehicles 51 Elections Ordinance 52 Zoning 53 Tree Diseases 54 Minnesota Gas Company 55 Street Lighting 56 Establishing the -Advisory Planning Commission 57 Partial Prepayment of Assessments 58 House Numbering 59 The Consolidated Improvement Bond Debt Service Fund 60 Civil Defense 61 Flood Plain Ordinance 62 Snow Removal from Sidewalks 63 Comprehensive Parking Ordinance 64 Wine Ordinance 65 Uniform Fire Code 66 Assessments Deferred - Senior Citizens 67 Industrial Strength Charge- 1-18-77 appropriate acknowledgement by such persons that they will be bound by the agreement and covered by bond. Subd. 17. TOPSOIL. Applicant shall provide topsoil or other approved cover material over the excavated area. The excavation plan shall provide detailed information on the type, thickness and schedule of placement of this material. The area shall be reseeded in acdordance with an approved plan and time schedule. SECTION 8.G6 -- GRANTING OF PERMIT The City Council as a pre -requisite to the granting of a permit, or after a permit has been granted, may impose the following requirements in agreement form where applicable upon the applicant or owner of the premises to: a. Properly fence any pit or excavation. b. Slope the banks, fill, level off any pit or excava- tion or otherwise place in such condition at any time so as not to be dangerous because of sliding or caving banks; so as to minimize or stop erosion or dust during or after excavation. c. Properly drain, fill or level off any pit or exca- vation so as to make the same safe and healthful as the Council may determine and in accordance with the terms of this ordinance. d. Reimburse the City for the cost of periodic inspec- tions by the City Engineer, City Building Inspector or other City employee for the purpose of seeing that the terms under which the permit has been issued a.,e being complied with. e. Pot a surety bond in such form and sum as the Council may require, running to the City, conditioned to pay the City the cost and expense of repairing any highways, streets, or other public ways within the City, made necessary by the special burden restulting from the hauling and transporting thereon by the applicant in the removal or filling of rock, dirt, sand., gravel, clay or other like material, the amount of such cost to be determined by the City:Council; and conditioned further to comply with all the requirements of this ordinance anyl the particular permit, and to save the City free and 7 1-18-77 harmless from any and all suits or claims for damages resulting from the negligent excavation, removal; storage or filling of rock, sand, gravel, dirt, clay or other like material within the City. f. Post a surety bond on a minimum $500.00 for each acre being excavated at any time, running to the City, conditioned to pay the City the cost and expense of restoration of anexcavated or filled area _:1'. r•andc•expense of grading, providing topsoil and seeding where the applicant or owner shall fail to complete an excavation or restoration within the conditions under which the permit was issued. g. File with the City a liability insurance policy or certificate of such insurance, issued by an insurance company authorized to do business in the State of Minnesota. The policy shall insure the person performing acts described in this ordinance and the City of Eagan as an insured, in the sum of at least $100,000 for injury to one person, and $300,000 for one accident, and at least $100,000 property damage or in such other amounts as the Council shall determine. The policy shall be kept in effect until the termination of a permit granted pursuant to this ordinance. SECTION 8.07 -- INSPECTIONS At least once a year, or more often as necessary, the City Administrator shall instruct the staff to inspect all areas where a permit has been issued and report such findings to the City Council. SECTION 8.o8 -- DURATION OF PERMIT The excavation permit shall run from January 1 through December 31 of the same.year or•.for'a.lesser period of time as the City Council may specify when the permit is issued. SECTION &.09 --- COMBINATION PERMITS In the event any applicant shall excavate material at one site within the City of Eagan and use the same material for fill purposes at a different site within the City, he shall comply with all applicable portions of this ordinance as to each site including the payment of separate fees for each location. 8 1-18-77 SECTION 8.10 -- CONDITIONAL USE PERMITS Subd. 1. Conditional Use permits shall be required for all excavation or fill permits required under this ordinance as follows: a. In all areas zoned other than Commercial or Indust- rial no matter what amount of fill or excavation is intended to take place. br In all areas zoned Commercial or Industrial where the excavation or fill permits are expected to involve more than 100,000 cubic yards of material. Subd. 2. Applications for permits for operations which are expected to continue for three years or longer shall comply with the conditional use permit procedure provided in Ordinance #52 - Zoning Ordinance. SECTION 8.11 -- VIOLATIONS Subd. 1. Any person, firm or corporation who shall fail to obtain a permit as herein required, or who shall fail tc comply with any of the conditions upon which the same is issued or who fails to complete the filling, excavating or• grading within the time prescribed by the permit, shall be guilty of violating this ordinance, and may be enjoined from further work under the permit. Subd. 2. The City Council hereby reserves the right to revoke such permit upon a violation and upon revocation; the continuance of such work shall be a violation of this ordinance and if the City Council shall order any positive act to be done to conform with the work being done with that authorized by the permit, the same shall be completed before any further filling, excavating or grading is done and within ten. (10) days after mailing a notice to do said acts, to the person, firm or corporation to whom the permit was issued. 9 1-3.8-77 • • • Subd. 3. Any person, firm or corporation who shall violate any of the provisions of this ordinance shall be pun- ished by a fine of not to exceed $300.00 together with taxable costs or be imprisoned for not to exceed ninety (90) days or both. Each day that a violation exists shall constitute a separate offense and be punishable as such. Subd. 4. This ordinance shall be in full force and effect from and after its passage and publication according to :Law. SECTION 8.12 •--- INVALIDITY If any part of this ordinance shall be hel . .,..r aid.. such part shall be deemed severable and the invalidity theraof shall not affect the remaining parts hereof. SECTION 8.13 --- EFFECTIVE DATE This ordinance shall take effect upon its adoption and publication according to law. ATTEST. CITY COUNCIL CITY OF EAGAN By: Alyce Bolke, Its Clerk Herbert H. Polzin, Its Mayor Original Ord. Adopted: May 15, 191p2 lst Amendment Adopted) January 7, 1969 2nd Amendment Adopted: Published in the Dakota Cty. Tribune • • TOWN Oa'. EAGAN .IaA aim-c0U&Pra mNNESO'TA ORDINANCE.NO. 9 SHOOTING AND WEAPONS ORDINAL • (As Mended) AN ORDINAY.CE RELATING TO'WEAPONS AND REGULATING SHOOTING AND CARRYING INCASED FIREARMS IN THE TOWN OF EAGAN, DAKOTA COUNTY, IffNNESOTA. THE BOARD Olt 'SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 9.01 - DEFINITIONS Subdivision 1. - SHOOTING. Shall mean the firing of firearms of any kind whatsoever regardless of the method of propulsion of the amenntion, and 'shall include but not be limited to the firing of shotguns, rifles';' pistols, air rifles, B.B. guns, sling -shots and bows .propelling pointed arrows. Subdivision . - PERSON shall mean any individual regardless of age or residence.y Subdivision .•- LAND OWNER shall mean any person, group, firm or.. corporation owning. leasing or legally controlling any lands within the • territorial limiting the Town of Eagan. S Subdivision 4.' ENCASED FIREARM shall mean any weapon included in the above defini41ons of "SHOOTING" placed in a case in such manner c: as to prevent shooting of the same. Subdivision 5.-4\ASSAULT WEAPONS shall mean any weapon other than firearms having persoAal assault characteristics including, but not A1 limited to dagger, swi&chblade knife, stilletto, dirk, spring blade knife, push-button knife„ blackjack, sand club, pipe club, chain club, brass knuckles, molotov.cpctails, grenades and explosive devises. Subdivision 6. - HANDGUN shall mean any firearm designed to be fired from the hand. • SECTION 9.02 - PROHIBITION Subdivision 1. - SHOOTING AND UNENCASED FIREARMS PROHIBITED. No shooting or carrying of firearms which are not encased shall be permitted within the territorial limits of the Town of Eagan by any person under any circdmstances whatever except: A. By a landowner or his guest by express invitation, upon iand9 owned by him, provided that no shot, bullet or other ammunition used shall pass beyond the boundaries of his property, nor in any event create a nuisance or danger to other persons. B. (By law enforcement or military personnel.whilo in the course of their duties. C. By any person where such firearm is unloaded and carried or transpo4ted in a locked vehicle trunk or in a vehicle without trunk where Bitch firearm is so placed as to be out of reach of the driver and all t{assengers. D. i By any person who has for reasonable cause shown acquired a written'v:ermit from the Chief of Police. Subdivision 2. - LONG RANGE SHOOTING PROHIBITED. In no event shall any person except law enforcement or military personnel who in the course of their duties use or shoot any firearm capable of a firing range of more than one-half mile. Subdivision 3. - PERSONS PROHIBITED. It shall be unlawful for any person within the Town of Eagan to own, possess, carry or have in his custody or;' -control any firearms or ammunition unless such person: :A. 3hail be at least IS years of age or shall hold a firearms safety certificate recognized by the Minnesota Departmlent of Conservation or bg enrolled in a program to qualify for said certificate or -f under 13 years of age is accompanied by his parent or guard's or by an•adult who has written ..permission from the manor's parer or guardian.• • B. Shall not within the prertous five years have been: 1. Convicted of a felony or drug addiction under the law:: of this state or any other jurisdiction, or a violation o2 this Ordinance or any other 10w relating to weapons. 2, Committed under the statutory proceftres of this state or any other jurisdiction to any instituttonrfor treatmant:of "n menteal, drug, or alcoholic .condition. C. It shall be unlawful.for any person to be in possession of, carry or trans•Qort any firearm or ammunition while under the influence of alcohol or hallucinatory chemical, or narcotics, or other drugs. Subdivision 4. - POSSESSIO}1? MD TRANSPORTING OF ASSAULT WEAPONS. It shall be unlawful for any Arson within the town of Eagan to carry on his person or to transporp((by any means any/assault weapon for and t+ purpose whatever except by liu enforcement officers or military personnel \, in the course of their duties). Subdivision 5. - HA1D Cd}N. It shall:te unlawful for any:person within. the /pen of Eagan to 4rry on his ]Jerson et any place other 1 . than his redence or to tra ort in any yahicle any hand gun except: �. si A. BIT law enforcement 9 military personnel during the course of / l duty. B. /While unloaded an4 being transported in an automobile or truck, such hand gun shall be lacked its the trunk of such automobile or truck 1 and if ouch automobile r truci does not have a trunk, the hand gun shall be secured i� furthest rear portion of the vehicle but in an area not normal occupied by the driver or passenger(s). C. Person(s$ who has applied for and received from the Chief of •• the Police Department a permit to carry and transport a hand gun or a non-resident of tape Town of Eagan who has a permit from another snnirina1iro in/t "State of Minnesota to carry d hand gun. Such r • • • permit shall be granted only .where the purpose for the use of such wapon is otherwise permitted by la: and in the sole discretion. of the Chief of Police. A, permit fee of-$i:00Eshall be required at the time of issuance and the permit shall be good for such period of time as determined !.y the Chief of Police. SECTION 9.03 - PENALTY : i Any person violating this ordinance or any portion they shall be deemed guilt} of a misdemeanor end upon conviction thereof, shall be punished by a fine of not more than One hundred Dollars ($ 00.00) ar by imprisonment in the county jail for a period not exceedi G ninety (90) days. Each such violation shall constitute a separate' ffense punishable as i t aforesaidt Ir SECTION 9.4 - EFFECTIVE DATE k • �, This ordinance shall take effect upon its adoptilq and publication according td law..'\ Attest: /s/ Alyce splice Clerk Original Ordinance adopted Septeabet 20, 1960. Amended Ordinance adopted Published in the Dakota Coun Trino on BOARD OF SZSORS TOWN OF EAGAN /s/ John . Mein By: 1 Cha ±man 1) • • • VILLAGE OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 9 - SHOOTING AND WEAPONS ORDINANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 9 AS FOLLOWS: SECTION 9.02 - PROHIBITION Subdivision 1. - - SHOOTING AND UNENCASED FIREARMS PROHIBITED. No shooting or carrying of firearms which are not encased shall be permitted within the territorial limits of the Village of Eagan by any person under any circum- stances whatever except: A. That a landowner or his guest by -express invitation, with the landowner present, upon any unplatted agriculturally zoned- land owned by him and containing five (5) acres or more, may carry and shoot a shotgun provided that a birdshot type and not slug type ammunition is used; further provided that no shot or ammunition component used shall pass beyond the boundaries of his property; nor shall the discharge of the.firearms occur within 500 feet of any building on an adjoiningowner's-property or occupied resi- dence; nor in any event shall the discharge of such firearms create a nuisance or danger to other persons. B. By law enforcement or military personnel while in the course of their duties. C. By any person where such firearm is unloaded and carried or transported in a locked vehicle trunk or in a vehicle without a trunk where such firearm is so placed as to be out of reach of the driver and all passengers. • D. By any person who has for reasonable cause shown acquired a written permit from the Chief of Police. E. By any person discharging firearms on an approved rifle trap or target range which approval shall be granted only by the Village. Council or duly authorised representative. Subdivision 2. - LONG RANGE SHOOTING PROHIBITED (Repealed). Amendment adopted this 7th day of August , 1973. VILLAGE OF EAGAN ATTEST: VILLAGE COUNCIL Village Clerk Its Mayor Dated Published in Dakota County Tribune: August 23, 1973 TOWN OF EAGAN DAKCTA COUNTY, MINNESCTA OaDINAINCE PO. 1 DUMPING (as amended) AN ORDINANCE REGULATING THE DISPOSAL OF REFUSE AND RUBBISH AND THE ESTABLISHMaNT LND OPERATION OP DUMPING GROUNDS LN THE T'.;.:II OF G,GLN, DAKOTF COUNTY, I.II:NESOTA. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAF ORDAINS: SECTION 1.01 -- PURPOS&. CONSTRUCTION AND DEFINITIONS Subdivision 1. -- PURPOSE. This ordinance is enacted pursuant to Minnesota statutes Annotated Section 368.01 and 412.221 and other applicable laws of the State of Minnesota for the purpose of promoting the health, safety, order, convenience and general welfare in the Tewr. of Ra;,cn by regulating the disposal of refuse, rubbish, junk, garbage and other waste or unwholesome substances and regulating the establish.. ment and operation of dumping grounds in said Town, Subdivision 2. -- CONSTRUCTION. This ordinance shall be known as the "Town of Eagan'Dumping Ordinance.. It shall be construed as setting forth minimum requirements for the disposal of refuse, rubbish, junk, garbae and other wart or unwholesome substances and for the establishment and operation of private and public dumping grounds. Subdivision 3. -- DEFINITIONS. L.. - Commercial Dump - any dump operated fur profit in the Town, E. - Private..Dump - any dump awned or used primarily for the benefit of the owner thereof or his tenants ur invitees. • TCWN OF EAGAt DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 10 SUBDIVISION,ORDINANCi.. (As Amended) AK.ORDINANCE REGULATING THE SUBDIUDING.OF-LANDIN.YHE-SOWN-CWLEAGAN4 DAYITA.COUNTY4 NiINNESOTA. . . • THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS; .SECTIoN 10,91 •d-- ENEPOSE GCESTRUCIION AND DEFINITIONSY. • • • • j_ Subdivision 1. -- PURPOSE. This ordinance is enactedpursuant to Nintesqta Statutes Annotated Seetions.368.01•and 412.22l-and other . . applicable laws of the State of:illianesOti•for the purpose of rege/eiing.. the aubdividiOg of land in the Town of Kagan to the end'phat.new.--sqh-..H ALVisionsid/I: be Integrated .in the genetellplea. for.the Town thereby promoting -an attractive and stable community with adequate facilities , and• ' • ‘ • ..ta, nCe •EihaltKite'41,11- • •• •t.. • • !! • . • - - • • .4rte4 ?'‘• ...beeop H • It shalt • • • •, atiattibi:.fOXtbMiniminixequixemente for land subdivisions in tbe Town. .Any ather.ordinancee 0:tilii.Town.containing greatet-xeqoitements • , than contained in this ordinance shall be controlling:to ihe'eXtent. only:of such greater requirements. .Subdivision 3. DEETN/TIONS.: All words and•terum used in•this - i • • ordinance shall be given their common sense meaning considered...intone.. text.- SECT/ON 10.02. -- PRELIAIKka PLANT: Subdivision 1. -411KOCEDURt FOR PRELIMINARY PLAN.. r; • A. Subdividershall consult the Town Engineer prior to the • ;42• preparation of the preliminery Dian. B. Subdivider shall filewith the Town Clerk the following; 1. Application in triplicate on forms supplied by the Town Clerk for, approval of the preliminary. plan, -together with a cash fee in the sum of $25.00. • . 2; Four (4) copies of the preliminary plan for subdivision.' 3 A topographic map with two foot contours covering the area to be included in the proposed subdivision which map may be purchased from the Town and -shall be computed at the rate :of $5.00 per acre, or portion thereof, for the land only Con- : tained in the area proposed tor such subdivision notwithstanding that.such map.sha'll cover a larger area than that proposed for any..subdivision.' In lieu of.purchaaing such map from the Town - Clerk, a subdivider may secure his own topographic map provided .: that'it is of equal technical quality and conforms to .the type. Of . map dispensed by'the Town Clerk and approved by the Town Engineer'A subdivider shall use such topographic map exclu lively for the.area proposed in said subdivision, and shall'not use such topographic: -Map for any subsequent application for • approval of a subdivision• plan. or otherpurpose in the Tsen of Eagan. ' • C.-Within 15 days thereafter, the Town Engineer shall submit f his report on the preliminary plan, along with copies of the plan, to tae Advisory Planning -Committee.. D. Within 31 days thereafter, the Advisory PlanningFtommittee... shall make a recommendation on the proposed plan to the Board of Supervisors. -2- r E. At its next reguiar meetint.efter.receipt of the report and recommendation of. the Advisory Planning Cc,s4ttee on any plat, replat or subdivision hereunder; the Board of Supervisors shall'set a date for hearing thereon which shall be not later than 40 days' after the meeting. A notice/of-the date, time, place and purpose of the.: • hearing shall be published once in the official newspaper at least ten days before the date.of hearing. Within 30 days thereafter, the Board,of Supervisors shall grant preliminary approval or reject said plan as to general layout only of which action subdivider shall be notified in writing,.ietting forth objections thereto;. if Any. Subdivision 2. He DATA REQUIRED.FOR-PRELIMINARY PLAN; A.^,_ Scale: E d :inch equals 100 feet B. Identification and Description: • 1. Proposed 'name of, subdivision -shall not:duplicate or'be similar to the name of any plat; theretofore recorded in the Gounty. ;2. Wales -and .eddresses`. of the owner, subdivider, . surveyok,:and designer. of the plan. aphis scale:. 4. /North Point. 5.7 Date of Preparation: i E4sting conditions in tract and in surrounding area co c distance of '.less than-100 feet: 7 . Boundary line of proposed subdivision, clearly indicated.. i • /2. Total approximate acreage. Platted streets, railroad right-of-way sad utility easements'. 4. Boundary line divided land. 5. Permanent buildings and structures. '6. 'Sewers, water mains, culverts or other underground . facilities. 7. Topography, showing lakes, watercourses, marsh areas And contours at vertical intervals of not'.wore than two feet. Ail elev"ations'shall be on sea level datum:-. 8.Other information, such as -soil test, if requested by ;own Engineer. slid' ownership of adjoining unsub-- . • D. :Subdivision Design Features: I., Layout and width of proposed streets and utility easements showing street names, lot dimensions, parks.and other public areas. The- name,of,any street heretofore used in the local post offices shall not be used, unless the r=°- posed, street. is an extension of an already, named st:;det, in • which event such -name shall be used.• The.'street' layout shad include a11•cont ngnous land subdivider. owned;ei controlled by the 2. Proposed 'nee of ail parerels, and if zoning change • is -contemplated or required;' proposed rezoning. 3',- Preliminary street grades and drainage plan shall,ba shown on a copy of the contehr map. SECTIc4 10.03. -- FINAL PLC Subdivision 1. rif PROCEDURE FOR FINkt PLAT APPROVAL. A. finless an extension 'of time isreouested by the subdivider and granted by the Board of Supervisors, the Subdivider shall Within -4- six months following —approval of fte.priftlnary-p.lan,subt(444t§::fha - t Clerk: 1. Six cPi4Fand a iptbdtpiblh'cory-flfcfht'Final: Plat which sha1i4tcprOerate'all:changes re's:Wired by -the Board of guPeigisttok.::Dtheireise,'it.rsball-teprifoil to the preliminary- atinrtThe FitallPlat.may constitute only that. — , - portion of frhe #rellminery plan Which the subdivider proposed to record sublitted plan,,,sha ndideve4pralt the time. If the.:Atal;PlatLis not `1. .thin.si3taanths, the approVal-olthe:.preliminaty ,.“-- . . 1 be.tconaideted Void. ,..', • ..; ., .--- . ... -•• . t .. 4,i.;1.• • • ' • ..- • .. •• ' -u0-tO-dife certified:abstact. of title or rests- . . . . • .... , ...„ . . tered.pr erttrepiatt andIsuChother evidence as the Town l Attorney y:regyire sho4ing:fiele'or control in•the•aPplicqut-.' I , : • ' ( 'I - • \ .- • Six copiesanOtproducibli3Opi.of the Final Plat'reduced r • :in -Sale to 1 inch cm 200 f4t.-. : Tl!C TownH.CJ.erk shall refer one copy Of the haat Plat • • to the Town Engineer what hall submit a repert to the Board of SuperVisgre j• - \ within.15 days...* racOiVing the.Final.Platc • • . .: • C. ...lie Boa44'of SupeiViaors abet/ act on the Final Plat titbit 45 day of thetate on which it was filedwith the. Clerk. the Final Plat is approved by the Board of Supervison. the subdivid w shall record it with the County Register of Deeds withiw.- • 60 4ay» af r the;date of approval; otherwise the "approval shall be cons:Oared 'Void. . . Upon Final Piatiipproval, subdivider shall pay it to the the f es•heteinbefore provided, the.ium of $2.06 per lot coniaiard it the _opoaed plat. ' • .• i • . 1 .• ).! , •Subdivision 2. -- DATA P.EQ'.:1PLD`?:ITE FINAL PLAT. ' A. .Preliminary plans for 'rater drainage and flood control.. supply,= se•::ge •disooeel, B. .Soil borings, if tequired by the Town Engineer.. C.. Evidence that ground *aster control is ar •Least 10 leer below the level. of finished grades or plan for' eoiving.ground-water. problems. D. Data required under regulation by.County Surveyors; accurate angular -and lineal dimensions for all lines, .angles.and curve- tures'used to describe boundaries; streets; easemients,.areas to be reserved for public use`and other important features. An identification systa rfor all lota:and blocks., F. The .size (in square feet) #and dimensions .of all i.'ce. G. Street names. ;, .•he H. Certification by a#Yegistered land surveY'br to the' effect that the plat represents a surveys de by him nud that monuments and 'markers shown thereon exist as loceted;and-thet all dimensional. and . • f., geodetic details are correct. • t I.. Notarized certifieafien:by Owner, and by any mortgage ;loins:of record, of the adoption'.of the plat and the dedication. of .;streets and ether public areas- ; J. . Certifieazioaseb wing that all taxes currently due a: the +perry to be subdivided l-hive been paid in. full. K. Form fop;anpreval: Approved by the Town Board of Super visor " It .his day of. , 19 t:. SECT' 1N 10:04 . --..DESIGN.:STANDARDS £ubd'it{airou 1. -- STREETS. A. «idtb. Axight=aL-set-eiefils-_•.:,rat;,.coriierm•-ta,Lne ollowing miniinuS dimensions .1; Thoroughfares IOC feet. 2. Collector Streets 80 feet 3. Minor Streets 60 feet A. Cui-de-Secs :.calediue... 60 feet ' S.: Marginal Access Street 50 feet Street Crudes. All center line gradients.ahall.be at lea rat -0:5:per'eent; and -shall not• exceed the following: 1. :'Collector Streets 6 poi cent 2; Minor:Streets .8 per cent C. Cul-de-Sacs. •Maxims length cul-de-sac streets shall be .500 feet.measured along the center line' from the intersection origin to:sad of:right-of-way. .'D.•-)tal£-Streets. Half -streets shell be prohibited; escew` where` essential.. to: the reaeonabie development of the subdivision-. and adjoining:uneubdivided areas. . Street. Interval. 'In general,.provisions chalk De made at' intervals; not exceeding one-half mile for through etreeti..(streets un.oing through the subdivision in a fairly. direct menne/..; Subdivision 2. -- EASEMENTS. A. Utilities. Easements at least., feet wide, centered on rear and other lot lines, shall be ,prov ..d6d got utf lities; where • necessary. They shall have continuity of eiignment:from block -to bi.:3c:.:. At deflection Point easements for pole1..yy. line.. anchors shell. .e-pi-hi.iaed where necessary. B. • Drainage. Where a subdiviaion is t_ateriizdbi pt watercourse, drainage way, channel or Stream, there•:shell be provided a sterm,ater .et'::c- . . ment or drainage right-o£-way conforming substantially with the 'libes.of such watercourse and with the Town trunk storm sewer Master Plan together with such further width or construction or both, as will be adequate for storal water run=off. .The esseisent shall include not only the stream channel, but also adjoining areas that have been subject to flooding in years of. . heavy run-off. Subdivision 3: -- BLOCKS. A. Length. Block length's shall.not exceed 1,300 feet, end, possible, should not. be less than 400 feet in length. B.. • ,.Arran' gnient. A blockehall be so designed as to provide two tiers of lots, unless it adjoins a railroad or limited access high•,.:y .anc• unless topographic condition's necessitate wsingle tier of lois. Subdivision 4..-- LOTS. A. Lot'Size.-,Where served by community water and, sewer, the • minimum lot Width shall be 85 feet at the building_.iaetback line which shall be not less than 3n feet froac front lot lines. contiguous to minor. streets and lot.leas than 50 feet from front lot lines contiguous to all thorough- 'fares: 'Minimut lot depth shall be 120 feet. .Minimum lot area for single . family dwellings. shall be 12,000 square feet, .Where a residential lot iF -not served by both community water -and sanitary sewer, it shall not be leas than 100 feet in width and -contain not'leas than 15,000 sauare'faet. Resi- dential'corner lots shall -have sufficient. extra width. to permit the .30 foot setback from both street-e. Every plat -shall' contain air average :frontage per'lot-of not'leiss than 90 feet. . b` Z. Lotus e:iang:Thoroughfares. There shall be no direct Vehicular access from residential lots to a thoroughfare. SECTION 1O.C5. -- PUBLIC LAND Subdivision 1. -- DEDICATION BY SUBDIVIDER. The .Board of Supervisors may:in its discretion require subdivider to dedicate a.reasonabie portion_ of the proposed subdivision.for recreation area, but in no' event to exceed ten per cent 'tlO%).of the total subdivision. SECTION 1e.O6. -- EEDUIRED,IMPROVEMENTS. Subdivision 1.--IMPROVEME,NTS PRIOR TO FINAL PLAT APPROVAL: The subdivider. shall give satisfactory assurance of the installation of the following improvements prior to final plat approval by the Board of Supervisors: A.; Monuments.Steel monuments shall be placed at all hIc..:•.. ccrners, angle points, points of curves in streets and at intermediate points as shown.on the final plat.. All U. S., stare, county or other- , official bencrks; Monuments or triangulation stations in or adjacent .to the propertk ehalli be preserved in precise' position.. 8/Streets. All Streetsill-any kind in any platted area classified 041dential under Town of Eagan. Ordinance No. 6 . Zoning. • Ordinance whe.c central systems for.water or' sewer or both will -be pti:,:l. ec . .:hall be impr ed, including the blacktopping and curbing thereof, in ii accordance'wi4 the engineering specifications established by the Tocm,. In any plattO area Wherein the owner constructs; or intends to construct;' any resident central' sys kind shall structures for -re-sale or lease, regardless of wheth': for: water or sewer are grovided or not;.allistreets of any improved,:including the blacktopDing 'end, curbing thereof, in • accordance'with engineering specifications'eacablished by the. Town', provided, however, that rio: blacktopping . and. curving shall• b'e 'required any Platted -area of leas than.,twenty ,(20) acres where no central .sylt'e forwateror sewer will.be.installed and such platted area is situated not `less then 1,000 feet away fron any -other platted area owned dr controlled `•;by the, same owner,. directly. or indirectly. In -any platted area zoned othaf than-Residential"under said Ordinance No. '6, all:streets of•any.kind shelf, be improved, including_ the blacktopping-and curbing thereof, in accordance ith the engineering specifications established by.the Town.- C.. Water Mains... .Where connecti'on.witti oommunity.water- - '%atens is or can reasonably be made available, the community system-..'. •'fall be used.• D.. Sanitary 'Sewer. •In all cases where trunk line sanitar} • ::ver facilities are or reasonably can be made available, the subdivide,-: s411'be-regiired to install sanitary sewers and connect the-.sem. to,such talk line sewers. . E. Drainage -facilities/ Such facilities and easement$"shalt b installed as will adequately provide for the drainage of: surface. waters. F: Street Lame Signs. Signe shall be uniform and acceptable be placed.tt all'etreet intersections within. or abutting the subdivision. G. tpeoi£icationa,.- A11 of the required improvements shall cgform-to.engineering Standards and specifications as required by the T a. and subject to its supervision and acceptance. .11, *Financing,. pefore a final plat is approved by tha Jc..ru of Su.ervisors;•the subdivider shall submit an agreement and -performance bond 'oicash escrow agreement in such reasonable amount as determined, by the • i. &'riard of Supervisors to assure the .following: -10 any area of land which in used for the duping or disposal of refuse, rubbish, garbage, junk or any other wade or unwholesor..:= subs -traces. D. - Junk Yard - any land area used for the storage or junking of any junked or obsolete automotive parts, equipment, vehicles, machinery, scrap or other used hard goods, whether or not for re -sale. 2, •- Incinerator - any structure, unit or equipment used for the purpose of dispoling of refuse, rubbish, garbage oY outer waste one - stances by burning. F. - Person - any person, group, firm or corporntio:I_ SECTION 1.02 -- PROHIBITIONS Subdivision 1. -- DUMMPING. No dumping, disposal or burning of any refuse; rubbish, junk, garbage, waste or other unwholesome sub- stances shall be permitted in this -Town without first obtainint permit therefore as hereinafter provided, except that no such pewit shall be required for the following: .i. - Private dumping on farms and agricultural lands where such dumping is done by the owner or tenant for his exclusive benefit and where same is done not less than 500 feet from any adjoiring resi- dential, commercial or industrial structure and is not observable from any public street, highway or any such c.tructure. B. - Private ;....snerators and disposal units which c_a le"s than 20 aqua - teet in area and which are'used solely for the benefit of vna by the owner thereof or his tenant(s).. -2- L. The...subdivider.shail•.pay for the -coat ot. at ,ii rove Mints requited'irithe subdivision and•the subdivi ion's share • of -costs of trunk' facilities to be extended to the subdivision, •except su¢h colts al the Town shalt agree to assess against :benefited property. 1. Guaranteed' completion'ef the -required improvements within two years after commencement of any construction in the subdivision, ei Such portion thereof•less than the entire subdivision to be developed at.any one time as approved by the :Board. of Supervisors. • i• 3. Where new assessment rolls are required as a result. of . I a split in the parcel bra new plat, the subdivider shall ream= - nurse the Town. for preparing new assessment rolls on the•,i..;,ie' of $5:00 per parcel for 50 parcels or lean and $2,50'per parcel=!.. {. above 50 parcels et the time of the split.or platting: .: Subdivider dial/Pay all rcasonable.coets incurred by • ; the Town for review and inspection, including preparation -and review$f plans and.-svecifications by the Town Engineer, Tram Attorne4 and other costs'of a similar nature.: This, r yment' would bill in addition to the subdivision fee herasnabeve provi.ied for:. 5.. The Town may elect to•snstall any of the required provements under>the ,mane of a: cash.escrow--agreewent. 6. The performance bond -,or -Cash escrow: agceement;,hlr required shall -be -equal t8:one and one -quarter times the_Town" EngineerLe eetimat::d-cost.of'_L required. improvements.. - • • • 7. If the required improvements are not complete within said two year period as hereinabove provided, all amounts held under the escroo agreement or performance bond shall be turned over and delivered to the City and applied to the cost of the requited improvements. Any balance remaining after such im- provements have been made, shall be returned to the subdivider. SECTION 10.07 -- GENERAL PROVISIONS Subdivision 1. -- VARIANCES AND E CEPTIONS. The Board of Supervisors shall have the power to vary or modify the strict requirements of this Ordinance to the extent that adherence thereto would cause undue hardship and not be in harmony with the intent and purpose of this Ordinance. Subdivision 2. -- BUILDING PERMITS. No building permit shall be issued for the construction of any building, structure or improvement oit any land henceforth subdivided until all requirements of this Ordinance have been fully complied with. Subdividion 3. -- VALIDITY. The invalidity of any part of this Ordinance as declared by a court of competent jurisdiction shall not effect the validity of the remainder thereof. Subdivision 4. -- PENALTY. Any person who shall violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and shall be pun- ished by a fine of not to exceed One Hundred Dollars ($100.00) or imprison- ment in the county jail for not more than ninety (90) days, or both, for each offense. Each day of violation shall be considered a separate offense. Subdivision 4. -- EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its publication according to law. ATTEST: BOARD OF SUPERVISORS TOWN OF EAGAN BY: Clerk Original Ordinance adopted: 10 11-01 Amended Ordinance adnrtua: 1-7-69 Published in the Dakota County Tribune: 1-30-69 Chairman • • • CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AIENDMIDIT TO ORDINANCE NO. - SUBDIVISION ORDINANCE THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN, DABOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 10 AS FOLLOWS: SECTION 10.05 -- PUBLIC LAND Subdivision 1. -- DEDICATION BY SUBD1v1Deat. In all new residential developments subject to this ordinance the Board of Supervisors may require that in appropriate plots of subdivisions a reasonable portion of each proposed subdivision (but not to exceed ten percent (10%) thereof) be dedicated to the public for public use as parks and playgrounds, or that 3.n lien thereof the subdivider and/or developer at his option contribute the cash money equivalent of the current assessed value of the portion of land proposed for dedication. Any such money payments shall be placed in a special City fund and shall be used only for the acquisition of land for parka and playgrounds. Adopted this 17th day of November , 1970 CITY OF EAGAN ATTEST: BOARD OF SUYratvsSORS °' a Bolke C urx b8 . a/ John J. Klein Its Unat.7"an Date Adopted: November 17, 1970 . Date Published in the Dnkota County Tribune: December 3, 1970 • • • CITY OF EAGAN DAKOTA COUNTY, MINNFSOTA AMENIKLIT TO ORDINANCE NO. 10 - SUBDIVISION ORDINANCE THE BOARD OF SUPERVISORS OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 10 AS FOLLOWS: SECTION 10.05 -- PUBLIC LAND Subdivision 1. -- DEDICATION BY SUBDIVIDER. In all new residential developments subject to this Ordinance, the Board of Supervisors may require that in appropriate plats of subdivisions a reasonable portion of each proposed subdivision (but not to exceed ten percent (10%) thereof) be dedicated to the public for use as park and playground areas, or that in lieu thereof the owner or developer at his option contribute the cash equivalent of the market value of such lands in all R-1, R•2 and R-3, Residential Districts and *0.00 cash per living unit constructed upon such lands in all other residentially zoned districts. In mating its decision as to the amount and suitability of land to be contributed, the Board of Supervisors, among other things, shall take into account the recreation standards set forth in the Eagan City Park Development Guide. Subdivision 2. --PAINT. Where the owner or developer elects to pay the optional cash contribution in lieu of land contributuion, such cash contribution shall be adjusted to correspond proportionately with the land dedication required by the Board of Snrer.so,.:d. any such money payments shall be placed in a special eN4W fund and shall be used only for the acquisition of land for parks and playgounds. • subdivision 3: ^- TINE OF PAYMENT OR CONTRIBUTION. If the owner or developer elects to oaaltribnte his land, sane shall be deeded to the city not later than at the time of final approval of his subdivision plat. If he elects to make a dash oontribution in lien thereof, the monies shall be paid when application is made for a building permit. ATTEST: • Adopted this 6th dq df' April; 1971s 6ITT OF EAGAN BOAt3D OF SUPERVISORS e/ Ave Bolke BY / John Klein City bleat s eIte Chairman Date Adopted: April 6, 1971 Date Published in Tribune: April 15, 1971 • • • • VILLAGE OF EAGAN DAKOTA COUNTY, i'INNESOTA AlEND?2'T TO ORD/NANCE NO .,10-,SUHDIVISION ORDINANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EAGAN, DAKOTA COUNTY; FUNNTSOTA DOES HERESY AMEND ITS ORDINANCE NO. 10 AS FOLLOWS; SECTION 10.06 - REQUIRED IhPROVSENT$ Subdivision 11 - DTROVaalT PRIOR TO FINAL PLAT AiFROVAL I; Utilities 1. All new electric distribution lines (excluding main line. feeders and high voltage transmission lines), telephone service lines, and other utility distribution facilities constructed within the confine: of and providing service to customers in any newly platted area shalt be buried underground: unless the Council specifically shall find after study and recommendation by the Advisory Planning Commission, that; (a) The placing of utilities underground would now be compatible with the development planned; (b) The additional cost of burying such utilities would create an undue financial hardship; or (e) Topographical, soil or any other conditions make the underground installation unreasonable or impractical. 2. The developer is responsible for complying with the requirements of this section,.and shall submit for approtal td the Advisory Planning - Commission written instranents•.ineludin„ detailed plans from the apprdpriate ut_13ty'co'paniee.showing:that the necessary arrangements with the Utilities involved for the installation cf said facilites have been made. 1 • • • SECTION 10.06. Subdivision 1. Sidewalks. Sidewalks Shall be installed in hew residential sub— divisions along one side of colledto!' sSeets, one side of principal walkways to shcools and along both sides of major thoroughfares, in accordance with Village specifications. SECTION 10.05. — PUBLIC LAND. Subdivision 1. — DEDICATION TO SUBDIVIDER. In all subdivisions to be developed for residential, commercial, industrial or other uses, or as a planned development which includes residential; commercial and industrial uses, or any combination thereof, the Village Council may require that a reasonable portion of each proposed subdivision be dedicated to the public for public use as parks, playgrounds, public open spacey or storm water holding ores or ponds, or that the subdivider contribute an equivalent amount in cash based on the fair market value of the undeveloped land, as defined by Village regulations duly adopted by the Village Council. Cash payment:, received under such regulations shall be placed in a special fund bar the Village and used only for the acquisition of land for parks, playgrounds, public open space and storm water holding areas or -ponds, development of existing park and playground sites, public open space and storm water holding areas or ponds, and debt retirment in connection with land previously acquired for such public purposes. In making its decision as to the amount and suitability of the reasonable portion of each proposed subdivision to be dedicated to the public for public use as provided above, the Council may take into consideration the open space, park, recreational or common areas and facilities which the subdivide. has provided for the exclusive use of the residents of the subdivision. Subdivision 2. — TIME PAYDENT OR CONTRIBUTION. The portion of any subdivision required to be dedicated to the public or cash contribution to be paid in lieu thereof according to this Section shall — 2 — • • • be conveyed or paid to the Village not later than at the time of final approval of the subdivision plat by the Village Council or grant of the first building permit in the subdivision, whichever is sooner. VILLAGE COUNCIL ATTEST: VILLAGE OF EAGAN /s/ Hetbek Polzin. Alyce Bolke, Village Clerk Herbert Polzin, Nayoi' Date Original Ordinance No. 10 adopted: July 17, 1961 This Amendment adcpted: September 4, 1973. Amendment published in Dakota County Tribune: September 20, 1973. • • • • CITY OF EAGAN DAROTA COUNTY; MINNESOTA AMEND14ENT tO • ORDINANCE No:,10 - SUBDIVISION ORDINANCE THE CITY. COUNCIL OF THE CITY OF EAGAN; DAKDTA COUNTY, PIINNESOTA DOES HEREBY AIEFND ITS ORDNANCE NO: 10 AS FOLLOFISi SECTION 10.06.- REQUIRED .IMPROVEMENTS Subdivision 1. IMPROVEMENT PRIOR 'TO FINAL PLAT APPROVAL R. Street Lighting. The developer shall be responsible for installing in the boulevard area of the public street or on private easements, underground utility lines capable of handling.a street lighting system. Such utility lines shall include the installation at ground level of terninals for poles or other types of light standards. Placement of the utility lines and the number and location of the terminals shall be according to specifications approved by the City Engineer. Adopted this 2i . day of ®ctsber ATTEST: , 1974. CITY OF EAGAN CITY COUNCIL By: City Clerk Date Adopted: October 29., 1974 Dated Published in the Dakota County. Tribune: 'r.v:w' r 14, 1'74 Mayor 4-4-75 CITY OF EAGAN DAKOTA COUNTY, IIINNESOTA AMENDMENT TO ORDINANC3 NO. 10 - SUBDIVISION ORDINANCE ThE CITY COUNCIL OF TdE CITY OF EAGAL, DAIKOTA COUNTY, NINNESOTA DOES HEREBY AMEND ITS ORDINANCE NO. 10 AS FOLLOWS: SECTION 10.02 — PRELIMINARY PLAN Subdivision 1. — PROCEDURE FOR PRELIMINARY PLAN B. Subdivider shall file with the City Clerk the following: 4. An Abstractor's certified property certificate showing the property owners within three hundred fifty (350) feet of the outer boundaries of the property to be platted, replatted or subdivided. C. Within 15 days thereafter, the City Engineer shall submit his report on the preliminary plan, along with copies of the plan, to the Advisory Planning Commission. The Planning Commission shall hold at least one (1) public hearing affording the parties interested tS.o ..rnortunity to be heard and shall give not less than ten (10) days nor more than thirty (30) days notice of the tine and place of such hearing, published in the designated legal newspaper for the City. Such notice shall also contain the description of the land and the proposed changes in the plat or subdivision. At least ten (10) days be- fore the hearing, the City Clerk shall mail an identical notice to each or the property owners within three hundred fifty (350) feet of the outside boundaries of the land proposed to be subdivided. Failure to give notice to individual property owners or defects in the notice shall not invalidate the -1- • • Subdivision 2: -e GARBAGE. No garbage shall be dumped, deposited, or stored anywhere in the Town for any purpose except in a dump, in- cinerator or disposal unit end then only for rot core than 12 hours before same shall be completely burned or tu,:ied under not less them 2 feet of earth. ether than as hereinabove provided, it shall be un- lawful to dump, deposit, store or discard any garbage anywhere in the Town for any purpose. Subdivision 3. -- USED CAR LOTS AND JUNK YARDS. No land or structure within the Town shall be used or maintained for the purpose of keeping, storin3, handling, buying, selling, repairing, or wrecking second-hand, used or junked motor vehicles or motor vehicle accessorkee or for the purpose of storing junked or obsolete machinery, scrap or other oub.. stances or materials without first obtaining a permit therefore here- under and complying with Ordinance --No. 6 to the extent applicable. Subdivision 4. -- BURNING. Burning of any refuse, rubbish, gar- bage, waste or other unwholesome substances in this Town shall ::a con- t.ol'e.i by Ordinance No. 13. Any burning in any duping area which by the nature thereof may continue for more than-a.six-hot• eriod shall not be commenced without the person cesirin; to do so first e6t:inin,: formal permission therefore from the Board of Supervisors; provided, however, tLe.t this provision shall not apply to private residential incinerators or disposal units. SECTION 1.03. -- '.EQUIREMENTS Subdivision 1. -- C^MMERCIAL MOPS AND JUNK YARDS. No pe. t i:. t.o operate a commercial dump or junk yard in this Town shall be granted unless the owner or operator thereof shall• crnral��. c• i.tb the fc' 7.ns.':.n3, i,. requirements: 4-4-75 proceedings, provided a bona fide attempt to comply with this subdivision has been made. D. Within 31 daye after the public hearing, the Advisory Planning Commission shall make a recommendation on the proposed plan to the City Council. E. At its next regular meeting after receipt'of the report and recommendation of the Advisory Planning Commission on any plat or subdivision hereunder, the City Council shall grant preliminary approval or reject said plan as to general layout only, of which action the subdivider shall be noti- fied in writing, setting forth objections thereto, if any. Adopted this 15 day of April , 1975. ATTEST: CITY OF EAGAN CITY COUNCIL By: City Clerk Nayor Date Adopted:April 15, 1975 Date Published in the Dekota County Tribune: April 24, 1975 -2- r • TONOF EACAN DLKO _ COIKLf. IP:NNE: A ORDINACL NO. F.`_ MOTOR. VY.ICLES (As :?mended) LN ORDINANCE INCORPORATING BY REFERENCE CERTAIN ifIN/1ESOTA STATUTES RELATING TO OPERATION OF MOTOR VEHICLE3 UPON PUBLIC STREETS AND HIGH- WAYS IN THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA. THE BOARD OF 3LP RVI30RS OF THE TOWN OF EAGAN ORDAINS: SEC'SION 1ISOL. -- PURPOSE AND CONSTRUCTION This crdiaaoce is enacted pursuant to Minnesota Statutes Annotated "ection 471.62 and other applicable laws of the State of Minnesota. The purpose of this crdinance is to provide uniform rules for the regulation of traffic and the operation of vehicles upon the streets and highways in the Town of Eagan in conformity with those rules applicable to the streets and highways cZ the entire state. SECTION 11.02. -- TRAFFIC REG11IATIONS N.S.A. Chapters 168, 169 and 171 regulating the operation of motor vehicles, highway traffic regulations and drivers licenses together with all a_nenrments thereto, are hereby incorporated by reference and made a part of the laws of the Town of Eagan, Dakota County, Minnesota, to the same extent as if said sections were set forth in full herein. ECTION 11.03. -- INVALIDITY The invalidity of any part of this ordinance as declarad by a court of competent jurisdiction shall not affect the validity of the remainder thereof. • • s.:cT:•ror i, c4. PErA::4 &c:y person oleo s4a1l violate et*y provisioa of this ordinance which has Leen defined therein to be a misdemeanor shall be punished by a fine of not to exceed Three Hundred Dollara ($300.00) /or imprisonment in the county jail for not more than ninety (90) days for etch offense, or both. Any person who shall violate any provision of this ordinance which has been Gef ned therein to be a petty misdemeanor shall be punished by a fine of not more than One Hundred Do?.iars ($100.00). Each day that a villction axists s;_all constitute a separate and distinct offense, punishable as aforesaiC. SECTION 11.JS. -- CONFLICTING ORDINANCES FFPIA LED All on ire:..ces and carts of ordinances in conflict herewith are hereby repelled. SECTION 1"146. -- E.FFSCTIVC DA29. This amended ordinance shall become effective from and after the date of its publication. 730137 OF SUPERVISORS TOWN OF EAGAN Attest: is; Alyce Bol.ke. By /s/ John J. Klein Clerk Chairman Original Ordinance Adopted May 16, 1967. Pnended Ord'i.nanse ABopted January 7, 1969. Amended Ordi:a2_.7.2 Adopted January 4_ 1972 ttcblished in Dai.ata County Tribune January 13 1972 TOF.T' ^F EF.G/'.N DI.::OTA COU::TY, ilINNMrTF. ORDINANCE NO. 12 Si471r : ORDTNANCE r.N ORDINANCE FOR THE PURP^S_ OF REGULATING AND CONTROLLING NOXI^US AND P^ISOI:OUS SMCXE, FUMES, )DORS, DUST AND WASTE It' THE TOWN rF F/CAN, lie :COTE. CCUNTY, ::INNESOTk.. THE iCLRD OF SUPERVISORS OF THr 'MU OF EACAN ORN.I!:. SECTION 12.01. -- PURPOSE, Coi:ST,^.UCTICN AND DEFINITIONS Subdivision 1. -- PURPOSE. This ordinance is enacted for the pur- pose of regulating and controlling noxious and poisonous smoke, fumes, odors, dust and waste in the Town of Eagan in order to better promote the public safety, health and welfare therein. Subdivision 2. -- CCPSTRUCTT"::. This ordinance shall be known as the 'Town of Eagan Smoke Ordinance." It shall be construed as setting forth minimum requirements for the regulation and for control as indicated of said smoke, fumes, odors, dust and waste within the Town. Any other ordinance of this Town containing greater or different requirements with regard thereto shall be controlling only to the extent of such greater or different requirements. Subdivision 3. -- DEFIP.'ITI :11 words and terms used in this ordinance shall be given their common sense meaning considered in context except only those specifically defined hereinafter. Ai. Smoke — Gas borne particles, consisting essentially of carbonaceous material, or fumes from industrial process, in sufficient quantity to be observable. -1- B. Dust - An air suspension of solid particles of any material. C. Fumes - Cases or vapors that are of such character as to create any unclean, destructive, offensive or unhealthful condition. D. Fuel Burning Equipment - i.ny furnace, incinerator, smelting furnaces, boiler apparatus, device, mechanism, stack or structure used for burning or emitting solid, liquid or gaseous fuel or combustible material, excludin, railroad locomotives and vehicles. E. Fumigant - Any gas or vapor, or combination thereof, which emits or liberates any poisonous or explosive gas, fume or vapor. F. aste - Any liquid or solid substance or materiel that is noxious, polluted or unhealthful. G. Ringelmann Smoke Chart - L chart prepared by the U. S. Bureau of Nines, hereby adopted by reference, for carbonaceous smokes. SECTION. 12.02. -- IL:STL.L L..TI0fl LPructrirr No person shall construct, install, operate or materially alter any fuel burnin3 equipment having a capacity of over 400,000 3.T.U. input per hour (12 H. P.) or any equipment pertaining thereto in the Town without first filing application and obtaining a special use permit therefore, in the manner provided in the Town of Eagan, Ordinance No. 6. SECTIO: 12.03. -- ECUIPMENT REOUIREMENTS Every owner of fuel burning equipment having a capacity of over 400,000 T.T.U. per hour input in the Town shall provide adequate facili- ties for sampling stack and chimney emissions including an access opening therein, a platform and power supply for testing equipment. The access, or sampling point, shall be located not less than three diameters of the stack from any bend or construction. The top of every -2- chimney and stack shall not be less than 10 feet above the highest point on any other structures within 200 feet. l.ny such equipment emitting excessive dust, odor, fumes or smoke shall have collecting equipment to eliminate same. SECTION 12.04. -- P2olIIDITIONS Subdivision 1. -- NUISANCE. No person shall cause, suffer or permit the emission into the atmosphere nor in or upon the ground any smoke, waste, dust, vapor, odor or fumes in such quantities which, by reason of their objectionable properties, shall be considered a nuisance be- cause they --- Injure or endanger or arc sufficient to injure or endanger humans, animals, crops, soil, vegetation, trees or other real or per- sonal property. 3. Create a hazard or nuisance by obscuring vision or create undue nuisance. C. Create obnoxious odors in the atmosphere. Subdivision 2. -- slIcKE DENSITY. No person shall cause, suffer or permit an carbonaceous smoke to be emitted into the atmosphere of a density in excess of classification No. 2 on the Ringelmann Smoke Chart for more than 4 minutes out of each 30 minutes nor in excess of classification No. 3 for more than 3 minutes out of each 15 minute period. Subdivision 3. -- '.)hSTE. No person shall cause, suffer or permit any waste to be discharged or run off in or upon the ground in such manner as to cause water or well pollution, damage to crops, soil, vegetation, trees or other real or personal property, nor in any manner so as to cause danger or injury to persons, animals and property, nor in any manner so as to cause or create a nuisance. -3- • SECTICV 12.05. -- INSPECTION The Town Engineer or such other person as the Board of Supervisors shall appoint from time to time is hereby constituted Pollution Inspector and is empowered to investigate and inspect at any time any fuel burning equipment in the Town and any conditions arising from the use thereof. He shall matte a full report to the Board of Supervisors of all such investigations and inspecticns together with such recommendations as he shall deem appropriate. SECTION 12.06. — PENLLTY ..ny person violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than One Hundred Dollars ($100.00) or be imprisoned in the county jail for not to exceed Ninety days (90) or both. Each day that a violation exists shall constitute a separate and distinct offense, punishable as aforesaid. SECTIOt: 12.07. -- EFFECT This ordinance shall take effect upon its adoption and publication according to law. Attest: BOARD OF SUPERVISORS TOM OF EACAN By Clerk Chairman Original Crdinance Adopted July 2, 1963. Amended Ordinance Adopted Published in the Dakota County Tribune on -4- TOWN OF EACAt! DAKOTA COUNTY, MINNES'TA ORDINANCE O. 13 BURNING ORDINANCE (Ls :upended) AN ORDINANCE REGULATING AND CONTROLLING TEE SETTING, LIGHTING, OR STARTING OF FIRES, tWITHIN THE TOWN OF :i.GtN, DAKOTA COUNTY, MINNESOT!:. THE BOARD OF SUPERVISCRS OF THE.TOWN OF ::AGAN ORDAINS: SECTION 13.01. -- BONFIRES. GRASS FIRES. RUBBISH & BURP-NING ;eo person shall set, maintain or authorize any burning or fire on or in any street, alley.or public or private property anywhere in the Town of Zagan except as follows: Subdivision 1. --:.INCINERATORS..--Fire-or burning of any materials shall be done only in a safe and appropriately constructed burner or incinerator of type approved by the Board of Supervisors or its dulyauthorized. repiesentative..'._In any event such burner or incinerator shall be made of non-combustible materials and -west havea cover, to_ prevent the burning particles from leaving'the:container:- Subdivision 2. =-.HOURS.. Fire or burning of whateverwaterials shall be prohibited .during the hours from .3 30 .4.1., to 5:00 Subdivision'° 3. -- LOCATION. No such•burnei•orincinerator`shall. be; located less' than 25 feet from any building or.^structure, nor, less .' than 15 feet from any flammable material of any kind whatsoever. Subdivision 4. -- NUISANCE:, No'such burner or-incinerator,'shall in any event,' be located in'such a manner orposition,:so as to constitute a hazard or nuisance by reason of fire, smoke or odor. Subdivision 5. -- PICRICBONFIRES OR D/JtBECLES. :Notwithstanding-, the foregoing prevision,. picnic bonfires and barbecue burners Shall • be permitted in appropriate areas when used in a manner so as not to constitute a hazard or nuisance when one or more adult individuals is in constant attendance until such bon -fire or barbecue burner shall be completely extinguished. Subdivision 6. -- FIELD FIRES - PILTTED !SEAS. No grass, brush or field fires shall be permitted in platted areas except upon first obtaining the approval of the Board of Supervisors representative. or its duly authorized Subdivision 7 -- FIELD FIRES -' UNPLnITED AREA. No grass, brush ': . or field fires shall be permitted in unplatted areas between the periods.' . K K from March '1st through May lsth, and -between; the periods from-Septem r:. ber 1st through December 1st c£ each`year and at such Other 'times -as • • • the Board of Superyisor9 • mar by:Pesoiution:degm necessary'because of: extremely dry'or hazardous atrosphertc conditions,'w.itEout first obtaining the`a0prpva'j of the toard of ^upevisors or its duly author- ' . v +. r �Q - , ' ♦ir•.+ o : .' - ": . .. ized represepeatiye„sueh ,.Reso<'tiot s b effective by •the. . posting of eopies of said Res®ldtiorEW.at thc;al;,ot4ri i},a13'4nd ai+m�.%yb.!• other locations;` ii'the.-Mown,. fit' yI. ? ro SECTION 13 02c ,r P NALT1$ my person who bate€',the.provigii guilty of a.misdemem'i6r, pun Shaole by; l or•by' imprisonmenta t 'f i o for,eact offense!•rkn SECTIU. 13.03. VALIDITY, bf„ phis ordinance shell be ' anccof pot more than $10O.00 *.oxm $ x1ay or`both,• < _' tir gr r • The invalidity_of any part:of this'ordinance as. declared by a.,•• .;? court of competent juiisdIcttonsha21 not effect The validity of, the remainder: thereof 'ter • SECTION 13.04. — EFFECTIVE DATE This ordinance shall become effective from and after the date of its publication according to law. Attest: BO.RD OF SUPERVISORS _TOW. OF Et, AN Clerk Criginal Ordinance Adopted September 17, 1t63. Amended'crdinance adopted on Published in the Dakota County Tribune on Chairman i i i A. - The dumping area s?.ull be completely enclosed by a two- inch wire mesh fence not less than 6 feet in hc:I ;ht. B. - No dumping area shall be closer than 1,000 feet from any inhabited structure or•public road. C. - The dumping area shall be maintained in a neat and clean condition at all times and shall be maintained in such manner as to prevent any noxious odors, smoke or any unhealthful condition from existing therein. D. - F. caretaker shall be in constant attendance during all hours that the dumping area is open and operating. R. - in the event of any fire requiring the Town Fire Depart- ment to control or extinguish, the owner of the dump shall reim:,uroa the Town at the current -r:.t.: per hour for the time the Fire Departn at. is in attendance at such fire. SECTION 1.04 -. ?ERMITS Subdivisic(n 1. -- APPLICATION. Written application for any cnm- mcrcial dump o(- t junk yard permit shall be made to the Board of Super visors and app}oved before any such permit shall be issued. Subdivision 2. -- FEES. A. COMMERCIAL DUMPS AND JUNK YARDS. A permit fee in the sum of $500)shall accompany each application for such permit made pay- able to the'Town Treasurer. Thereafter an annual renewal fee in the sum of $100 shall be paid to the Town Treasurer on or before March 1st of each yesr. B.,- PRIVATE DUMPS. A permit fee in the sum of $10.00 shall accompany eac\ application for such permit made paye;,le to eat. Town Treasurer. Th reafter an annual renewal fee in the sum of $5.00 shall be paid to the `town Treasurer on or before` March 1st of each year. ` -4- -,, . • • TIN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 14 FIRE DEPARTMENT (As Amended) AN ORDINANCE PROVIDING FOR THE ESTABLISENENr OF A VOLUNTEER FIRE DEPARTMENT AND MAKING RULES AND REGULATIONS FOR THE GOVERNMENT OF THE SAME IN THE TOWN OF EAGAN, DAKOTA COUNTY, STATE OF MINNESOTA.. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 14.01 - FIRE DEPARTMENT ESTABLISHED There is hereby established in this Town'a volunteer Fire Department consisting of a Chief, Two (2) Assistant Chiefs, a Fire Marshal', and not less than 35 nor more than 75 firemen. SECTION 14.02 - ELECTION AND TERMS Subdivision 1 - ELECTION. The Chief of the Fire Department and the two Assistant Chiefs shall be elected for three year terms by the members of the department subject to confirmation by the Board of Supervisors. The terms of these three officers shall be staggered so that the term of one officer shall expire each year. At the first annual meeting of the department following the adoption of this ordinance, the Chief shall be elected for a three year term, one Assistant Chief shall be elected for a two year term, and the remaining Assistant Chief shall be elected for a one year term. At all other annual meetings of the department; one officer shall be elected for three years to fill the place of the one whose term expires at that time. The Fire Marshall. shall be appointed annually by the Board of Supervisors and shall hold office for one year. Each of the above named officers shall hold office for his designated term and until his successor has been duly elected, except that he may be removed by the Board for cause after a public hearing. Firemen and probationary firemen shall be • • • appointed by the members of the department, subject to confirmation by the Board. Firemen shall continue as members of the department during good behavior and may be removed by the Board only for cause after a public hearing. Subdivision 2 - ElSIOW,TION STD APPOINTMENT, In the event that any o£"icer named in Subdivision 1 above resigns during his tern or is removed by the Board, then a successor shall be named at a special meeting of the Department subject to confirmation by the Board. The successor shall hold office until the next annual meeting of the Department. SECTION 14.03 - DUTIES OF FIRE MARSHAL'". The office of Fire Marshal'. may be held by the Chief or either Assistant Chief. In the absence of the Fire Marshal., the Chief or his designated appointee shall serve in that position. The Fire Marshal. shall be charged with the enforcement of all ordinsnees and regulations aimed at fire prevention. He shall have full authority to inspect all premises and to cause the removal or abatement of all fire hazards. SECTION 14.04 - DUTIES OF CHIEF The chief shall have control of all the fire fighting apparatus and the tire hall and shall be solely responsible for its care, condition and operation. He shall make a report semi-annually, to the Board et its first meeting in Narch:.asd its firat.neeting In September, as to the cote _tier of the equipment, the fire hall, and the needs of the fire department. He shall be responsible for submitting all bills for payment to the Board. He may scebmit additional reports and recommendations at any meeting of the Board and he shall report each suspension by him of a meniber of the fire department at the first meeting of the Board following such suspension. He shall be responsible for the proper training a:_d discipline of the ambers of the fire department and may suspend any member for refusal or neglect to - 2 - • • • obey orisrs pending final action. by the Board on his discharge or retention. SECTION 14.05 - RECORDS The Chief shall keep in convenient form a complete record of all fires. Such record shall include the time of the alarm, location of fire, cause of firm if known, type of building, name of owner and tenant, purpose for which occupied, value of building and contents, members of the department responding to the alarm, and such other information as he may deem advisable or as msy be required from time to time by the Board or state insurance department. SECTION 114.06 - PRACTICE DRILLS It shall he the duty of the Chief when the weather permits to hold a monthly practice drill of at least one hour duration for the fire department and to give the firemen instruction in approved methods of fire fighting e,th: fire prevention. SECTION 14.07 - ASSISTANT CHIEFS In the absence or disability of the Chief, the Assistant Chief with most seniority in that position shall perform all the functions and exercise all the authority of the Chief. In the absence or disability cf the•.:C:ief and Aaai.etent Chief with most seniority, the remaining Assistant Chief shall perform all the .functions and exercise all the authority of the Chief. SECTION 14.,08 - FIREHEN The Chief, the two Assistant Chiefs, the Fire Marchal ant all the firemen -and probationer; firemen shall be not leas than twenty-one (21) nor more than fifty-five (55) years of age and able-bodied. They shall be sme =embers of the fire department only after six (5) months probationary period, Persons who are members of the fire department at the time of the adoption: of this ordinance shall not be required to serve a probationary period before: receiving fi.:Friers ratings. The Board may require that each candidate for probationary fireman must pass a mental and. physical examination and satisfy - 3 • • certain minima req:si.rcmenta specified by firs department regulations. FACTION 14.09 - ABSENCE FRONT DRILLS AND ALARMS Fireman absent from three consecutive drill calls unless excused by the Chief shall forfeit membership in the department. SECTION 14,10 - RELIEF ASSOCIATION The members and officers of the fire department may organize themselves into a Firemens Relief Association. SECTION 14.11 - INTERFERENCE WITH DEPARTMENT It shall be unlawful for any person to give or make or cauae to be given or made an alarm of fire without probable cause or to neglect or refuse to obey any reasonable order of the Chief at a fire, or to interfere withtths fire department in the discharge of its duties.a Any person ce;avict_. c5 violating this section shall be deemed guilty of a misdemeanor and shall ba punished by a fine of not to exceed $100 or imprisonment in the county jail for a period not exceeding 90 days, or both, for each offense. SECTION 14.12 - VALIDITY, EFFECTIVE DATE AND REPEAL subdivision 1. - VALIDITY. The invalidity of any part of this ordinance. as declared by a court of competent jurisdiction shall net affect the validity of the remainder thereof. Subdivision 2. - EFFECTIVE DATE. This amended ordinance shall bc^cmn effective from and after the date of its adoption and publication according to law, Subdivision. 3. - REPEAL. All ordinances and parts of ordinances conflict herewith are hereby repealed. BOARD OF SUPERVISORS Attest: TOWN OF EAGAN /s/ Alyce Bolke /s/ John J. Klein Cleric Chairman O?:ig;.na1 Ordinance adopted October 15, 1963 Amended Ordinance Adopted February 5, 1969 Published in the Dakota County Tribune oa February 73 1959 TOWN OF EAGAN DAAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 14 -- FIRE DEPARTMENT TEE BCARD OF SUPERVISORS OF THE TOWN OF EAGAN, DAKOTA COUNTY, MINNESOTA DOES S.EREBY AMEND ITS ORDINANCE NO. 14 AS FOLLOWS: SECTFCN 14:0S --• FIREMEN The Chief, the two Assistant Chiefs, the Fire Marshall and all the firemen and probationary firemen shall be not leas than eighteen (18) nor more than fifty-five (55) years of age and able-bodied. They shall become members of the fire department only after six (6) months proba tionary period. Persons who were members of the fire department at she. time of the adoption of the original ordinance shall not be required tc serve a probationary period before receiving firemen ratings. The Board may require that each candidate for probationary firemen must pass a mental and physical examination and satisfy certain minimum requirements specified by fire department regulations. TOWN OF EAGAN ATTEST: BOARD OF SUPERVISORS s/ Alyce Bolke BY: s/ John J. Klein Town Clerk Its Chairman Date adapted: October 5, 1971 Date published in Dakota County Tribune: October 14, 1971 • • TOWN OF EAGAN DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 15 SNOW REMOVAL AN ORDINANCE PROHIBITING THE PARKING OF VEHICLES ON PUBLIC STREET DURING AND FOLLOWING SNOWFALL; AND PROVIDING FOR THE REMOVAL OF VEHICLES FOR THE VIOLATION OF THIS ORDINANCE IN THE TOWN OF EAGAN, DAKOTA.COUNTY, MINNESOTA. THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS: SECTION 15.01. -- PROHIBITION No person shall park or leave standing any vehicle on any public street or roadway in the Town of Eagan after a snowfall of one (1) inch or more in depth until after the snow upon any street or roadway has been removed or plowed to the curb line until thirty—six (36) hours after. the cessation of such snowfall, whichever shall first occur. SECTION 15.02. -- REMOVING VEHICLES FOR flOWPLOWING Any vehicle parked on a public street or toadway in violation of this ordinance may be removed by or under the direction of any police officer or Town employee after such officer or employee has attempted to notify the owner to remove such vehicle and it has not been removed. In case such vehicle is removed, by or at the direction of the Town, the expense of such tbmoval shall be charged against the owner of any vehicle parked in violation hereof. In addition, there shall also be charged against any such owner an administrative and storage fee in the sum of $5.00. $ECtZON 15.03. -- PENALTIES Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not more than $100.00 or by imprisonment in the county jail for not more than 90 days, or both, for each offense. —1— • SECTION 15.05. -- VALIDITY The invalidity of any part of this .Ordinance as declared by a court of competent jurisdiction shall not affect...the-validity of the remainder thereof. SECTION 15.06. -- EFFECTIVE DLTE This ordinance shall take effect upon its adoption and publication according to law. Attest: Clerk BOARD OF SUPERVISCRS TOWN OF EAGAN By Chairman Original Crdinance Adopted December 17, 1$63. Amended Ordinance adopted Published in the Dakota County Tribune on • CITY OF EAGAN DAICOTA COUNTY, MINNESOTA AMENDED ORDINANNCE NO. 16 -- - - - - SIGNS 3-2-76 AN ORDINAICE REGULATING THE PLACEMENT, ERECTION AND MAINTENANCE OF SIMIS IN THE CITY OF EAGAN, DAIKOTA COUNTY, FDYUESOTA. THE CITY COUNCIL OF THE CITY OF EAGAN ORDAINS: SECTION 16.01 -- PURPOSE, CONSTRUCTION AND DEFINITIONS Subdivision 1. -- PURPOSE. The purpose of this ordinance shall be to regulate the placement, -erection and maintenance of signs in the City of Eagan so as to promote the health,safety and. general welfare of the residents of the City of - Eagan. Subdivision 2. -- CONSTRUCTION. All terms and words used in this ordinance shall be given their common sense meaning considered in context, except as herein- after specifically defined. Subdivision 3. -- DEFINITIONS. A. Sign-- Any surface, facing or object upon which there is printed, - painted or artistic matter, design or lighting: B. Advertising Sign - Any sign, whether separate sign structure,'wall painting or otherwise, upon which any display or advertising is placed which is unrelated directly to the use of the premises upon which the sign is located. C. Business Sign - Any sign upon which there- is any name, designation or advertising which has as its purpose business, professiogal or commercial advertising and which .is related directly to the use of the premises upon which the sign is located. D. Nos -business Signs.— Any sign such as personal name plate or designation --- as for residence, churches, schools; hospitals, traffic or road signs, • which do not.,contain advertising'and are directly related tc the premises upon which they are located.. E. Free -Standing Ground Signs - A'business sign erected on freestanding shafts, posts or walis which are solidly affixed to the ground completely independent of any building or other structure. Any business free-standing ground sign which projects more than 7 feet above ground level is considered:a Pylon Sign. F. Pylon Sign - A business sign erected on freestanding shafts, posts or wells which are solidly affixed to the ground, and which projects more -- than 7 feet above ground level. Pylon Signs, when authorized, are considered a conditional use, as defined in the City of Sagan Zoning irk `• 1 • 3.2';6 Ordinance, and are subject to all conditions, regulations and fess required for. conditional uses. ' G. Sign Area - The gross area, exclusive of supportive frame, which contains copy or identifying features such as a Logo, character or Identifying figure. --The gross area shall be calculated as an enclosed areabounded by no more than twelve.(12) straight lines. H. Sign reight - The distance from the lowermost ground point to which the sign is attached, to the highest point on the sign. I. Temporary Advertising Sign-- An advertising -sign which is allowed for a specified duration, not to exceed 2 years.. SECTION 16.02 -- PEFP TTED USES Subdivision.i. -- LOCATION OF ADVERTISING SIGNS. Advertising signs are permitted on property zoned Business or Industrial. Temporary advertising signs advertising • new residentialdevelopments are allowed in agriculturally zoned areas. - Subdivision 2. — LOCATION OF BUSINESS SIGNS. -,Business signs are permitted on property zoned Business, industrial, Agricultural, Public Facilities, R & D or PD only in conjunction with an approved Business, Industrial or Agricultural uses. Subdivision 3. -- LOCATION OF BUSINESS SINS IN RESIDENTIAL AREAS. Businesc signs in Residentially zoned areas or areas of PD designated for residential use only under the following cases: A. ''For Sale" or 'For Rent" signs, 4'x 4' or smaller, advertising the premises upon which such sign is located. B. Real Estate "for sale" signs, not over 100.square.fee, of a land developer, which are located upon the premises offered for sale. C. Area identification signs for major apartment complexes. SECTION 16.03 --. GEENERAL- SIGH STANDARDS Subdivision 1. =-- OBSTRUCTION OF VISIONT. No signs shall be erected or maintained in such place and manner as obstructs driver vision, or is noxious, annoying or. hazardous because of method of lighting, illumination, reflection or location. • Subdivision 2. -- LOCATION -TO PROPERTY LINE. No sign shall be located nearer than 10 feet from any property or dividing line. -2- • 3-2-76 Subdivision 3. — LOCATION TO STREET RIGHT-OF-IAY. No sign shall be located nearer.than 10 feet from any 'street or highway right-of-way, except only residential name signs which are attached.to mail boxes, lamp posts, or the like. No advertising — sign shall be located -nearer than 20-feet from any street or highway right-of-way. Subdivision4. ,---MOVING PARTS, LIGHTS. No signs are allowed which contain moving sections or intermittent or flashing lights, except for intermittent display of time and temperature. Subdivision 5. -- SOURCE OF LIGHTING. No signs are permitted for which the source of lighting is directly visible to passing pedestrians or vehicle traffic. Subdivision 6. -- PAINTED SIGNS ON BUILDINGS. No signs are allowed which are painted directly upon the wall of a building. Subdivision 7. — CONSTRUCTION AND •ERECTION OF SIGHS. All signs shall be constructed and erected in a -good and workmanlike manner of sound and sufficient materials so as to ensure the safety of the public and in accordance withal" r:•sor:- able standards employed by professional sign makers. SECTION 16.04 — ADVERTISING SIGNS, STANDARDS. Subdivision 1. -- LOCATION WITH RESPECT TO OTHER SIGNS. No advertising sign shall be located nearer to any other advertising sign than 1000 lineal feet on the same side of the street, or within 300 lineal feet of any other advertising sign on the opposite side of the street. This spacing requirement may, at the option of the city council, be waived for temporary advertising signs advertising new residential developments. No advertising sign shall be -located on a platted lot which contains a Business Sign or within 300 feet -of any Business Free-Standing.Ground Sign -or Pylon Sign, measured on the"same side of the streets. Subdivision 2. =- LOCATION WITS RESPECT TO RESIDENTIAL PROPERTY. No advertising sign shell.be located within 200 feet of any residential zone, whether on, the same or the opposite side of the street. Subdivision 1. — SIZE. No advertising sign shall exceed 250 squarefeet in -3-