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
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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
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• _- -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. '
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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
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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
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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
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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
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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
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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
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75.00
50.03
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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`.
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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,
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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 •
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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
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accordins to latl. 4' .111%..../. ; a
e a
• • 13OAflL nr -flinispvisoRr, .;
'; ”.; r. TCHN CH ErCi11.1
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Attest:
Cler!:
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Oriciirtal Crdinanite-:Adoptec: September 15,
Amended Ordinar.ce•Adopiefl •
Published in.'the..0altota..County 'tribune on'
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:`. 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 .
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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.
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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;
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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
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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. •
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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
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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:
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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-
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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.
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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
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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
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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.
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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
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.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
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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.
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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
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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.
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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
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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'
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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
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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
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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 .
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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
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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
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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•
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•
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-
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•
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.
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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.
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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.
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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 .
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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
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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.
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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
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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
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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
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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
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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.
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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.
•
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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.
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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,
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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
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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
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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.
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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
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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.
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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,
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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.
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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
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November 18. 1969
By
Publiahed in the Deko�n County Tribune on
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Recember 4_ 1969
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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.
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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
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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.
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: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.
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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
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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
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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.
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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.
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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
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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";
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(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.
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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:
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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
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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.
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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
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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•;-
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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
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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
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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:
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(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
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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.
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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.
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(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.
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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:
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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,
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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.
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•
(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.
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(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.
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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
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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
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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.
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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.
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•
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 •
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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.
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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.
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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.
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•
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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.
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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.
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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.
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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;
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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
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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
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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
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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
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•
•
•
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.
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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
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•
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.
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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
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•
•
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,
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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:
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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
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•
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.
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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.
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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.
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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:
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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.
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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.
•
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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,
•
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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
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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.
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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.
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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.
•
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•
•
(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
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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.
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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.
•
•
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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.
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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.
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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.
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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.
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•
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
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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.
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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. •
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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.
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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.
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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.
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(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.
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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.
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•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-
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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.
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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.
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March 1976
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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:
•
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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.
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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
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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.
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Revised 7-19-77
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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.
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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:
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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
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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:
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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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.
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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,
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•
•
•
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:
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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:
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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.
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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.
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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:
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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.
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(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
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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
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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.
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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
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•
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.
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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.
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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.
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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
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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;
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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.
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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
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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:
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(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
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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
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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
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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
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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.
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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:
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Original Ordinance Adopted: 5-3 - 7 7
CITY COUNCIL
CITY OF EAGAN
Date Published in the Dakota County Tribune:
_5--i9-7J
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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
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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
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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.
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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.
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,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.
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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. •
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Subdivision 3. Gross receipts from the operation of gambling devices
and the conduct of raffles shall be segregated from other revenues of the organs-
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zation, including bingo gross receipts, and placed in a separate account. Each
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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
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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. -
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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
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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.
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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
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1-18-77
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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.
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1-18--77
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
•
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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
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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
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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
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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)
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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.
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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.
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THE BOARD OF SUPERVISORS OF THE TOWN OF EAGAN ORDAINS;
.SECTIoN 10,91 •d-- ENEPOSE GCESTRUCIION AND DEFINITIONSY.
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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
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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
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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 •
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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. '
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C.-Within 15 days thereafter, the Town Engineer shall submit
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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.
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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:
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E4sting conditions in tract and in surrounding area co
c distance of '.less than-100 feet:
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. Boundary line of proposed subdivision, clearly indicated..
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• /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--
.
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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
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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. —
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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
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Attorney y:regyire sho4ing:fiele'or control in•the•aPplicqut-.'
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• Six copiesanOtproducibli3Opi.of the Final Plat'reduced
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• :in -Sale to 1 inch cm 200 f4t.-.
: Tl!C TownH.CJ.erk shall refer one copy Of the haat Plat
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to the Town Engineer what hall submit a repert to the Board of SuperVisgre
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within.15 days...* racOiVing the.Final.Platc • •
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.: • 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.
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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. '
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•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.
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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:
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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)..
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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.
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3. Where new assessment rolls are required as a result. of .
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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.. -
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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
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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
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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.
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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
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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.
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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 —
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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.
•
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• 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
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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
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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.
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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.
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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
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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.
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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
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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
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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.'
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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
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• • 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,• <
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The invalidity_of any part:of this'ordinance as. declared by a.,••
.;?
court of competent juiisdIcttonsha21 not effect The validity of, the
remainder: thereof
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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
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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.
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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
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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
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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
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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
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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.
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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
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CITY OF EAGAN
DAICOTA COUNTY, MINNESOTA
AMENDED
ORDINANNCE NO. 16 -- - - - -
SIGNS
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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
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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.
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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
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