A Code Amendments CITYOF
17'00 Market Boulevard
pO Box 147
~hanhaSSen, MN55317
Administration
Phone: 952,227.1100
Fax: 952.227.1110
Building Inspections
· Phonei 952.227.1180
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r Engineering
~hone: 952.227.1160
:i Fax: 952.227.I170
FinanCe
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Fax: 952.227.1i10
Park& RecreatiOn
:- phone: 952.227.1120
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: Recreation Center
23t0 Coulter Boulevard
P'hone: 952.227.1400
:Fax,: 952.227.1404
:
::~ Planning &
_Natural Resources
:phOne: 952_.227.1130
:- Eax: ~52.227.1110
~i Public W°'rks
. i: :i 1~91 Park Road
:Phone: 952.227.1300
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~?i senior center
! ~ph0ne:952.227A125
~ :~Fax19521227.1110
.~ ,: WebSite
....
_
: :
:
!_ The:CitYOf
TO: Todd Gerhardt, CRy Manager
FROM: Bob Generous, SeniOr Planner.
-
SUB J: Code Amendments- _ : -~: :
BACKGROUND - . ~ :~: -: ~ .
_
City staff is in the process of clarifying. and c°nSolidating the. city.Code. As afirst
step in the process, the City contracted withlMuniciPal C°deCorporation,i Mcc.,
to revieTM the code for confliCts betWeTM code and state statutes: AdditiOnally,
theY were. requeSted t° review for:interna,~ conflicts:within-the'c°dej They
_Prepared an "AnalyZation Mem°randum :. proposing changeSas:welll as pOinting
out conflicts and iSsues within the code:(see attaChment)~ ~ ~:: -: ' : ~
·
:
SecondlY, city staff has been'revieWing areas of the :Code with Which :they !work t°
determine if any Changes should be made due ito problems inthe~c-ode, i:' :.
overlapPing cOde requirements, need f0r~cladficati°n, or procedural Or:process
problems. : i : : i i-: '
.:_~
Prior to submitting'the detail of theSe propoSed revisions;: Staff is ;submitting a
. :. .. : : : : : .; .
summary of the changes ibeing cOntemplated' to make the City CoUncilaware Of
· the areas being revised and t° receive directiOii from city:counCil:°n h°w theY
wOuld like staff to Pr°ceed! ;Initially; staffiS preparing ChangeS ;t° chaPterS I: :i7
of the city COde, .which.represents the admi~strative:PortiOns ofthe code.
Separately, chapters118 - 20, WhiChare:the SubdiViSioni~:sewer :and Water, ~nd'
zoning pOrtions :of:the COd~ Wil1 be. lreVi~W6dan-dl~esented~: !: ~: ::~ ';
Following are summaries, of:thc changes beingpmposed in eaCh chapter::
:. : chaPterL,GeneralP?Ovisi0nS.: ::.-~ :.::.: ..:::: ::
P na ti an °* am n'dm ,,, '
r q.i e%nts Stadi p,:oPosingthatapd finidOn t,:omth C y °Odeb
consolidated in t~SseCti°n':rathefthan being ~ep~ated in:each ehapter'as:: '
cU~entlY happens::!f there~is~sPeci~ defifiR[~h'~equ~edln a chaPter,-the Chapter:
in which the definition applies ~illb~:n0ted~':MC~s:Prop°sing the:adoPtion
section.on Amendments m the code-whch~oUld Specify the forum required
amend the C0de.' -~ '; :~ '~::'.'::~ ::~ 7.'; :~: . :.~ :~ :~
] c0mmuni~y ~ith clea~!
Todd Gerhardt
November 25, 2002
Page 2
Chapter 2. Administrative
This chapter deals with organization matters within the city including establishment of city
departments, officers and boards and commissions. Over time, the organization structure and
official titles have changed, but the code has not been revised. Staff is proposing these changes
be made to con'espond to the existing organizational structure.
This chapter also deals with the urban and rural services district which was last updated in 1995.
Staff has been working with the Rural Service District Task Force to review the list of properties
included in this district. A recommendation for 2003 has been made and will be forwarded to the
city council.
Chapter 3. Alarm systems.
No changes being proposed.
Chapter 4.
Reserved.
Chapter 5. Animals and Fowl
This chapter deals with licensing of kennels and animals. Staff, in working with licensing, has
found that the current system does not correspond with the requirements necessary to license an
animal and is recommending changes which ColTespond to city requirements and practices.
Animal Bites
The cun'ent code requires that an animal must be quarantined if the animal has bitten someone
and a report has been filed. Several communities have gone to a home quarantine if the owner
can provide current proof of rabies shots. The home quarantine would keep the animal separate
and indoors, outside on a leash only and accompanied to urinate & defecate.
This addition to the code would reduce the amount of time and cost that the city spends to have
the animal taken in. This would also save the owner money.
Dangerous Animals
The cun'ent code says that all dangerous animals must be registered with the city public safety
department. However, we currently have them register the animals with Carver County.
Chapter 6. Boats and Waterways.
This chapter deals with city lakes including structures and boat operations. Staff and MCC are
proposing changes to the code relating to compliance with and conformance to state statutes.
Todd Gerhardt
November 25, 2002
Page 3
Issues that are reoccurring are high water and general enforcement including boat launching,
speed, etc.
The current code says water obstacle permits are issued by the city. The Carver County Sheriff's
water patrol officers currently issue these permits.
Chapter 7. Building and Building Regulations.
This chapter deals with building code requirements and the issuance of building permits. Staff is
proposing changes to the chapter to bring the section in compliance with the nuisance and
subdivision sections of the ordinance. In addition, staff will be proposing changes based on the
new Minnesota State Building Code which is scheduled to be adopted in January.
Chapter 7.5. Cable Communications.
This chapter deals with cable franchises within the city. No changes are proposed.
Chapter 8. Cemeteries.
This chapter deals with the Pioneer Cemetery on Galpin Boulevard. Staff is proposing changes
to the code to clarify city operations and requirements. Ongoing maintenance funding needs to
be clarified, i.e., general fund, since fees paid are not sufficient to meet maintenance obligations.
Chapter 9. Fire Prevention and Protection
This chapter deals with the operation of the city fire department. MCC is recommending
additional language to clarify the code. Additional changes regard correct statute and code
citations
Chapter 10. Licenses, Permits and Miscellaneous Business Regulations
This chapter deals with business licensing in the city for alcoholic beverages, fireworks,
peddlers, solicitors and transient merchants, gambling, sexually oriented businesses, and lawn
fertilizers. MCC has proposed changes to the chapter to correspond with state statutes and rules
regarding licensing for alcoholic beverages
There are some due process and equal protection questions surrounding the characteristics
regarding nonprofit and religious organizations regarding soliciting and gambling.
Staff has been discussing the idea of expanding the licensing requirements for transient
merchants and peddlers to include individuals who sell services door to door in response to
complaints from city residents. Currently, such businesses are exempt from the licensing
requirements, since only the selling of products is covered. The city does approximately 10
licenses per month. These usually occur in the spring. For each license, the city does a
background check on the individual. If we were to expand the licensing requirements to
services, massagers, contractors, insurance agents, cleaning services, etc., this would
significantly expand the amount of licenses required in the city which may lead to a need for
Todd Gerhardt
November 25, 2002
Page 4
additional staff. Additionally, to perform background checks, individuals need to be licensed by
the state.
The attorney's office is proposing changes to the sexually oriented business section of the
ordinance to tighten the code. There are some issues regarding whether portions of the ordinance
are enforceable.
Chapter 11. Miscellaneous Provisions.
This chapter deals with cmTew and firemTns. Changes are being proposed to bring the city code
into confomaance with the county and to clarify curfew hours.
Chapter 12. Motor Vehicles and Traffic.
This chapter deals with operation of motor vehicles within the city, street parking regulations,
and snowmobiles. Changes are being proposed to conform to state statutes and regulations and
references to appropriate state agencies.
Chapter 13. Nuisances
This chapter deals with nuisances and city enforcement.
Business Noise
There has been a proposal to expand the nuisance chapter (13) to include certain land use
standards of everyday business (this would not include construction activities). The proposal is
to limit the amount of noise being produced by local businesses through decibel readings. Staff
has received occasional complaints/questions in regards to businesses and the levels of noise
they are producing.
Currently staff does not have the equipment or training to conduct readings of businesses in
question. The MPCA has indicated that they no longer have the staff to perform enforcement of
facilities, but they can provide the equipment and some training. However, the waiting list for
the MPCA's assistance is very time consuming in that they only have one (1) staff member that
is shared through-out the entire state to assist in this area.
If the proposal were added to the code, it would require the hiring of additional staff and training
or contracting out of enforcement. What department would be responsible for this enforcement?
Animal Noise
The cmTent city code states "No person shall keep any animal that unreasonably disturbs the
comfort or repose of any person by its frequent or continued noise." Under this section it states
the specific time frames and distances that would classify the animal as a nuisance.
Deputies have received a few complaints pertaining to animals that do not qualify as nuisances,
due to the time frames or distances stated, but feel that these cases could become more frequent.
Todd Gerhardt
November 25, 2002
Page 5
Should the ordinance be more specific to cover such incidences? Doing this may require
additional staff in the future.
Recreational Vehicles
The cun'ent city code does not regulate the operation of recreational vehicles on private property.
Staff has received occasional complaints of go-carts, mini-bikes, etc. that are disturbing to
neighbors. Should the ordinance be more restrictive in designating areas of operations, zoning
districts, or distances from residential areas?
Snowmobiles
The cun'ent ordinance allows operation on all city streets (including the downtown area) and
restricts the speed within 100' of lake shore, except in channels.
Staff receives many complaints each year in regards to snowmobiles operating on the shoulder of
the roads (right-of-way) that is causing damages to properties. The ordinance states that
snowmobiles must be operated on the actual ROAD.
Staff has also received complaints about snowmobiles operating on a small pond where a track
has been set up. The pond is used frequently and creates an annoyance to the neighbors.
Possible ideas for enforcement:
· Prohibit operation on small bodies of water, such as ponds.
· Restrict speed to 10 mph within 100' of the shore of any body of water, lake, pond, etc.
· Restrict operation to only areas designated on a map by council resolution. Then have
council specify which lakes and areas operation is permitted.
· Prohibit operation on downtown streets. Boundaries would need to be identified (map).
· Prohibit operation on any city street. This would have the effect of prohibiting
snowmobiles anywhere except designated trails and water.
Motor Vehicle Noise
The cun'ent ordinance does not specify loud noise that is produced from an exhaust of any motor
vehicle. The majority of the complaints are in regards to semi's producing loud/excessive noise
by the means of "Jake Braking."
Minn. Stat. 169.69 prohibits a person from utilizing a "...muffler cutout, bypass, or similar
device upon a motor vehicle on a street or highway". The provisions of 169.69 are not violated
here because Jake Brakes are designed to release the compressed air into the exhaust system.
However, many trucks are using the Jake Brake when it is not necessary.
The attorney's office has put together the following language (along with other changes to the
section) that would help address such excessive noise.
Todd Gerhardt
November 25, 2002
Page 6
Engine Retarding Brakes: It shall be unlawful for the operator of any truck to intentionally use
an engine retarding brake on any public highway, street, parking lot or alley within the city
which causes abno~xnal or excessive noise from the engine, except in an emergency.
Chapter 14. Parks and Recreation.
This chapter deals with the Parks and Recreation Commission and park rules. Staff is proposing
changes to correspond with city policies and procedures and to comply with state statutes.
Chapter t5. Planning and Development.
This chapter deals with the Planning Commission and official maps. Changes are being
proposed to con'ectly cite state statutes and delete unnecessary language.
Chapter 16. Solid Waste.
This chapter deals with solid waste collection and disposal including operating requirements,
licensing and recycling. Changes are being proposed to clarify definitions which will be
incorporated in Chapter 1.
Chapter 17. Street and Sidewalks.
This chapter deals with permitting for construction within the street right-of-way. Moving of
buildings is covered by this chapter. Staff is proposing that moving of buildings be approved
administratively, rather than by city council action. The moving of structures is permitted
pursuant to compliance with city code and state building code.
COUNCIL ACTION
Staff has prepared a majority of the changes to the code. Staff is requesting that city council
provide policy direction of how they would like staff to proceed with the amendments including
how they would like the amendments presented, e.g., a chapter at a time or all at once, whether
additional citizen participation should be done for particular chapters or issues, and when to
schedule the amendments for city council review and approval.
ATTACHMENT
Analyzation Memorandum, Chanhassen, Minnesota, January 24, 2002.
Analyzation Memorandum
Chanhassen, Minnesota
January 24, 2002
C
Municipal Code Corporation
MEMORANDUM
TO:
Mr. Roger N. Kmutson, City Attorney
FROM:
Milt Lefkoff, Senior Code Attorney
Municipal Code Corporation
DATE: JanuaU, 24, 2002
RE:
Legal Reviexv of the Chanhassen City Code
This memorandum covers the city Code, as supplemented through October 23, 2000, xvith
subsequent ordinances through Ordinance No. 330, adopted on November 13, 2001. A change
suggested herein can be approved by making a mark next to the "Y" (meaning "yes"). A change can be
disapproved by making a mark next to the "N" (meaning "no"). If Municipal Code Corporation is
going to implement the approved suggestions, please make a cop}, of the memorandum for your
records, and send the original marked cop}' to us. Except where otherxvise provided, references in this
memorandum to chapters, articles, dMsions or sections are to the Chanhassen City Code.
-1-
Chapter 1. General Provisions
Sec. 1-2. Rules of construction and definitions.
.
o
.
.
o
.
10.
In the paragraph that begins xvith the xvord "Officials," refer also to "officers" and
"departments." Y N
The paragraph that begins with the word "Statutes" ,,viii read: References to "statutes" or to
"M.S." are to the Minnesota Statutes, as amended, unless otherwise specified. Y.~N__
Because of paragraph 3, above, the xvords "as amended," or other xvords of the same meaning,
in other references to "statutes" or to "M.S." will be deleted, in the event of a republication of
the city Code. Y N
In the event of a republication of the cRT Code, references in such Code to the "city clerk,"
"clerk, .... city manager" or "manager" will be changed to "citT clerk/manager." Y N
If so, the affected paragraphs of section 1-2 xvill be changed accordingly. Y N
Near fl~e end of the paragraph that begins with the word "Number," change "and" to "or."
Y N
At the end of the paragraph that begins with the xvord "Number," add the following: "A xvord
hnporting the plural number only ma), extend and be applied to one person or thing as well as
to several persons and firings." Y N__
The paragraph that begins with fl~e word "Oath" ,,viii be conformed to M.S. [ 645.44, subd. 6.
Y N__
The paragraph that begins with the xvord "Person" will be conformed to M.S. [ 645.44, subd.
7. Y N
The paragraph that begins with the word "Year" will be conformed to M.S. [ 645.44, subd. 13.
Y N
The paragraph that begins with the word "Written" will be based on M.S. [ 645.44, subd. 14.
Y N
11.
12.
The paragraph that begins xvith the xvord "Sidexvalk," as amended by Ordinance No. 324, will
be conformed to M.S. [ 169.01, subd. 33. Y__N~
The paragraph that begins xvith the xvord "Street," as amended by Ordinance No. 324, xvill be
conformed to M.S. [ 169.01, sub& 29. Y N
-2-
Sec. 1-4. Catchlines, history notes and references of sections.
13.
14.
15.
At the end of the section, add the folloxving: "No provision of this Code shall be held invalid
by reason of deficiency in any such catchline or in any heading or tide to any chapter, article or
dMsion." Y N
The words "history notes" in the second line will be deleted, and the following will be added:
"The history notes appearing in parentheses after sections in this Code are not intended to have
any legal effect but are merely intended to indicate the source of matter contained in the
sections." Y N
The word "references" in the third line ,,viii be deleted, and the following xvill be added: "The
editor's notes, cross references and state laxv references in this code are not intended to have
any legal effect but are merely intended to assist the user of this Code."
Sec. 1-6. Ordinances not affected by Code.
16. Subsection (10) will be deleted, because it is covered by subsection 14. Y
Sec. 1-9. General penalty; continuing violations.
17.
N
The first sentence will end with the words "authorized in M.S. o5 412.231, as modified by M.S.
~,,2 609.034." Y N
i~\fter the word "offense" in the second line, add "or a misdemeanor." Y N
Other provisions providing that each da), is a separate offense are covered by this section and
will be deleted. Y N
Sec. 1-10. Severability.
18. The wording of the fu:st sentence will be based on M.S. ~ 645.20. Y__ __
Sec. ?. Amendments to Code.
N
19.
A new section based on section 1.15 oft_he Eagan Code will be added, Y
is attached at the end of ttds memorandum.)
N (Such section
-3-
Chapter 2. Administration
Article I. In General
Sec. 2-3. Rules of procedure.
20.
Change "nexvly revised, 9th edition" to "Newly Rexdsed, Tenth Edition." Y__N__
Article II. Administrative Code
Sec. 2-16. Departments and offices established.
21.
Subsection (5) refers to the "director of public works/cit3, engineer." The second and third
lines of section 2-20 refer to the "public works director." Section 7-38 refers to the "cit7
engineer." The city xvill provide revised language.
2la.
Subsection (5) refers to the epartment of public xvorks." In Ordinance No. 330, section
20-1122(g) (2) refers to the "engineering department." The city will provide revised language
Y N
22.
Section 2-16(7) refers to the "building and zoning official." The second 1/ne of section 2-20
refers to the "building inspector/official." The last line of section 7-17 refers to the "building
official." The cit3; will provide revised language. Y N (See M.S. ~ 16B.65)
Article III. Financial Affairs
Sec. 2-31. Special assessments for certain services.
23.
Compare the word "resolution" in the first line to the word "ordinance" in M.S. ~ 429.101,
subd. 1. The city will provide revised language. Y N
Article IV. Boards and Commissions
DMsion 3. Public Safer3, Commission
23a. The tide of tkis division will be changed from "Public Safety Commissions" to "Public Safet-y
Commission." Y N
Sec. 2-68. Members.
23b. Subsection (b) refers to "the councilmember of the commission." Hoxvever, subsection (a)
does not refer to any councilmember. The cit37 xvill provide rexdsed language. Y N
-4-
Sec. 3-1. Definitions.
Chapter 3. Alarm Systems
24. Is the definition of "Sherif£' current.> Y N
If not, the cit3T will provide revised language. Y N
Chapter 4. Reserved
-5-
Chapter 5. Animals and Fowl
Article II. Dogs and Cats
Division 5. Dangerous Animals
Sec. 5-78. Registration.
25..
The first line refers to the "public safety department." Section 2-16(6) refers to the
"department of public safety." Chapter 9 refers to the "fire department." Section 13-22 refers
to the "police chief." The city will provide revised language. Y N (See also the second
sentence of section 9-71.)
Article III. Horses
DMsion 2. Stable Perm/ts
Sec. 5-107. Violation.
26. Change the word "ordinance" in the first line to "article." Y N
27 This section will be moved to division I of article III. Y N
-6-
Sec. 6-1. Definitions.
28.
29.
Chapter 6. Boats and Waterways
Article I. In General
Conform to M.S. [ 86B.005. Y__N__
Is the definition of "Sheriff" current.> Y
N
If not, the cit7 will provide revised language. Y N
Article II. Structures
Sec. 6-22. Nonconforming docks.
30.
Subsection (c) will read "All docks must conform to dock setback requirements." Y.___N ~-
Article III. Watercraft Operating Regulations
Sec. 6-46. State law incorporated.
31. In the first line, change "361" to "86B." Y N
Sec. 6-49. Slow--No wake areas.
32. Is the third sentence current.> ¥__N
If not, the city will provide revised language. ¥ N
Sec. 6-55. Personal floatation devices.
33.
This section will end with the words "United States Coast Guard approved tTpe I, II, III or V
personal floatation device." Y N (Cf. M.S. $ 86B.313)
-7-
Chapter 7. Buildings and Building Regulations
Article II. Building Code
Ord. No. 317. Amending chapter 7.
34.
The first and third sentences of section 7-19 authorized administrative decisions without any
standards to use as a basis for such decisions. In order to prohibit arbitrary decisions, the
administrative authority will be required to act in accordance with uniform city standards.
Y N
35.
Section 7-19(19) does not give sufficient notice of the information that will be required and xvill
be deleted. Y N
Sec. 7-22. Stop orders.
36.
The folloxving words in the second and third lines are covered by section 1-9 of the city Code
and will be deleted: "punishable to the maxirnum extent authorized by lX~nnesota Statutes
section 412.231." Y N
Or
Change "Minnesota Statutes secdon 412.231" to "M.S. [ 412.231 as modified by M.S.
~ 609.034." Y N
Article III. Excavating, Mining, Filling and Grading
Sec. 7-35. Applications for earth work permits.
37.
Subsection (17) does not give sufficient notice of the information that xvill be required and will
be deleted. Y N
38.
The last paragraph of section 7-35 is designated as subsection (c). There is no designation of a
subsection (a) or (b). "(a)" will be added before the first line of the section, and "(b)" will be
added before the fifth line of the section. Y N
Sec. 7-44. Appearance and screening.
39.
Subsection (7) refers to "Noxious xveeds." The city xvill provide a definition of "noxious
weeds." Y__N__ (See M.S. [ 18.77, subd. 8)
Sec. 7-45. Operations; noise; hours; explosives, dust, xvater pollution; topsoil preservation.
40.
In the last line of subsection (2), change "July 4th" to "Independence Day." Y N
645.44, sub& 5)
-8-
Chapter 7.5. Cable Communications
Article II. Cable Television
Division 1. Generally
Sec. 7.5-12. Definitions.
41.
The definitions of "right-of-xvay" and "street" are covered in chapter 1 of the city Code and
will be deleted. Y__Nm See Ordinance No. 324, sections 1 and 6, and paragraph 12 of this
memorandum.
Sec. 7.5-32. Technical standards.
42.
In the third line of subsection (d), change "National Electrical and Safety Code" to "National
Electrical Safety Code." Y N__
43.
The words "as amended" in the ttsrd line of subsection (d) are redundant and will be deleted.
Y N
44.
The words "code may" in the thiz'd line of subsection (d) will be changed to "codes ma),."
Y N
Sec. 7.5-46. Rights ofindMduals.
45.
Sutosection (0(3) will be moved to section 7.5-12, and the provisions before the word "class" in
subsection (0(3) ,,,ill be deleted.. Y__N__
46.
If sulosection (0(3) is not moved as suggested in paragraph 45, above, "136" in the first line of
such subsection will be deleted.
Division 2. Regulation of Rates and Charges Pertaiz~lg to Franct~ises
Sec. 7.5-61. Background and purpose.
47.
In the in'st line of subsection (a), change "the Cit5, of Chanhassen, Minnesota ('City')" to"the
city." Y N (See the definition of "city" in section 1-2 of the cit), Code.)
48.
The ciD- will clarify the reference to "Section 76.910" in the first line of subsection (e).
Y N (see sec6on
-9-
Chapter 8. Cemeteries
Article II. City Cemetery
Sec. 8-19. Maintenance and perpetual care funds.
49. The words "and monies from the former Chanhassen Cemetery Association" in the first and
second lines are transitional and will be deleted. Y__Nm
50. The catchline for this section refers to perpetual care funds, but the text of the section does not
mention perpetual care. The city will ?rovide revised language. Y Nm
-10-
Chapter 9. Fire Prevention and Protection
Article I. In General
Sec. 9-1. Obstructing fire hydrants.
51.
This section will read: "Except xvhen necessary to avoid conflict xvith other traffic or in
compliance with the directions of a police officer or traffic control device, no person shah stop,
stand or park a vehicle or place any material or other obstruction wkhin ten feet of any fire
hydrant or fire reservoir." Y N (See M.S. ~ 169.34)
Article II. Volunteer Fire Department
Sec. 9-16, Establishment.
52.
Tkis secdon refers to the "cit-5, fire department." Section 2-16(6) refers to the "department of
public safety. The city xvill provide revised language. Y N
53.
The words "existing since May 9, 1966" are unnecessa~? and will be deleted,
Sec. 9-19. Establishment of board of fire officers.
54.
This section refers to the "fire chieP' and to the "ckief." Section 9-20 refers to the "ctzief of
the city £rre department." The city will provide revised language. Y N
Sec. 9-20. Fire chief.
55.
The last linc of subsection 00) will read "until such time as the cit7 council, by resolution,
approves such election."
56.
Subsection (g) provides that the chief is a member of the cits,'s public safety commission.
Section 2-68(a) provides that the members of the public safety con2nission are not city officials
or employees of the city. The cit-5, will provide revised language. Y N
Sec. 9-24. Firemen's relief association.
57.
In rids section and elsewhere, change "firemen's" to "firefighters'." Y N (For example,
see M.S. ch. 424A.) ~
Sec. 9-25. Rescue squad.
58.
The following will be added at the end of tkis section: "and such rescue squad is established
and confirmed." Y__N~ (Compare section 9-16 of the city Code.)
Sec. 9-26. Buildings and equipment.
59. The word "As" in the eighth line will be deleted. Y N
-11-
Article III. Fire Code
Sec. 9-41. Compliance.
60. In the first line, change "of any code" to "or of any code." Y N
Sec. 9-43. Technical standards--Adopted.
61. Change "1998" to "1997." Y N (See MSnnesota Administrative Rule 7510.3510)
Sec. 9-45. Same--Definitions for Uniform Fire Code.
62.
In the second line, change "2~mdcipa/i~' to "Jmisdiction." Y N (The state adopted the
1997 Uniform Fire Code, xvkich uses "jurisdiction," not "municipality.")
Sec. 9-47. Storage of flammable or combustible liquids.
63.
The reference to section 79.501 in the first line appears to be incorrect. The sections of the
1997 Uniform Fire Code that pertain to storage of flammable and combustible liquids are
sections 7901 and 7902. The city will provide revised language. Y N
Sec. 9-48. Storage of liquefied petroleum gases.
64.
The reference to section 82 in the first line of section 9-48(a) appears to be incorrect. Article
82 of the 1997 Uniform Fire Code pertains to liquefied petroleum gases, but there does not
appear to be a section in that article that relates to section 9-48 of the cit-5, Code. The city xvill
provide revised language. Y N
Sec. 9-49. Storage of explosives and blasting agents.
65.
Change "section 77" in the first line to "section 7701.7.2. Y N
-12-
Chapter 10. Licenses, Permits and Miscellaneous Business Regulations
Article II. Alcoholic Beverages
Division 2. Retail Licenses
Sec. 10-19. Types of licenses.
66.
In the sLxth line of subsection (f), change "M_innesota Clean Air Act" to "Minnesota Clean
Indoor Air Act 0VLS. ~ 144.411 et seq.)." Y__N__
67.
In the fifth line of subsection (j), change "the effective date of this ordinance" to "the
effective date of Ordinance No. 299." Y N
Sec. 10-23. Liability insurance.
68. In the fourth line, change "Section 1,340A.801" to "340A.801, subd. 1." Y N
69.
In the fifth line, change "workers compensation" to "workers' compenSation, y N
M.S. ~ 176.001 et seq.)
(See
Sec. 10-39. Hearing notice.
70.
In the second hne, change "14.70" to "14.69." Y__N~ ~LS. ~ 14.70 has been repealed.)
DMsion 3. Retail Sales Regulation
Sec. 10-47. Restrictions invoMng underage persons.
71.
In the second lh~e of subsection (e)(l), delete the word "following." Y~N__
72. In the flzird line of subsection (e)(10, change "340a.503" to "340A.503." Y N
Article IV. Peddlers, Solicitors and Transient Merchants
Sec. 10-143. Exemptions.
73.
In the first line of subsection 0o), change "age eighteen" to "age seventeen." Y__N (See
M.S. [ 645.45(14)) ~
74.
Subsection (d) will read as folloxvs: "Religious, charitable or nonprofit organizations." Y N
(Tt~e other provisions of subsection (d) may be considered to be unlawfully discriminatory and
unreasonable, infringing on one or more of the freedoms of speech, press and religion.)
Sec. 10-148. Practices prohibited.
75.
Change the semicolon in the tlzird line of subsection (e) to a comma, and add a comma after
the word "private" in the same line. Y N
-13-
Article V. Gambling
Sec. 10-151. Authorized organizations.
76.
This section xvill end after the numeral "2" in the second line. Y N (The other provisions
of this section may be considered unlaxvfully discriminatory and unreasonable.)
Sec. 10-161. Definitions.
77.
78.
Article VI. Sexually Oriented Businesses
The definition of "Person" xvill be combined xvith the definition of "Person" in section 1-2 of
the city Code. Y___N__
In the definition of "Sexually oriented business," add "adult store" and "adult massage
parlor." Y N
Sec. 10-162. Classification.
79.
Tkis section is covered by the definition of "Sexually oriented business" in section 10-161 and
will be deleted. Y N
Sec. 10-164. Issuance of license.
S0. Is subsection (a)(5) enforceable? Y N
If not, it will be deleted. Y N
81.
In the second line of subsection (a)(8) and elsewhere in the cit-y Code, change "he or she" to
"he." Y N (See the paragraph that begins with the word "Gender" in section 1-2.)
or
82.
Use language such as "he or she" ttzroughout the Code. Y N
Are the words "or an applicant's spouse"in the first line of subsection (a)(10) enforceable?
Y N
If not, they xvill be deleted. Y N
83.
84.
Delete subsection (a)(10)a.3. Y N ti'he statute cited has been repealed.)
Are the words "or whose spouse has been convicted" in the first line of subsection (c)
enforceable? Y N
If not, they will be deleted. Y N
-14-
Sec. 10-179. Enforcement.
85.
In the second line of subsection (a), change "8.700.00" to "$1,000.00." Y.__N (Cf. M.S.
~ 609.034) --
-IS-
Chapter 11. Miscellaneous Provisions and Offenses
Sec. lid Curfew for minors.
86.
In the tiff.rd line of subsection (b), change "12:00 a.m." to "12:00 midnight." Y.~N__
87. In the second line of subsection (g), delete the xvord "noxv." Y
Sec. 11-2. Firearms.
88.
88a.
N
This section is prohibited by M.S. [ 471.633 and xvill be deleted. Y.__N__
If this section is kept: The statute referred to in subsection (a)(2) has been repealed. The cit5,
will provide revised language. Y N
Sec. 11-4. Public possession or consumption of alcoholic beverages.
89. In subsection (c), change "nonintoxicating malt liquor" to "3.2 percent malt liquor." Y
O~.S. ~ 340A.101)
N
-16-
Chapter 12. Motor Vehicles and Traffic
Article I. In General
Sec. 12-5. Driver's license; driving vehicle without consent.
90. The second line refers to "chauffeur's license." Does the state issue chauffeurs' licenses?
Y N
If so, does the state issue school bus drivers' licenses? Y N
If the state does not issue chauffeurs' licenses, should die reference to "chauffeur's license" be
deleted? Y N
Should a reference to "school bus driver's license" be added? Y N
subd. 4; 171.015, subd. 3; and 171.02.)
(See M.S. ~ 168.325,
Sec. 12-7. Truck routes.
91.
The definition of "street" in subsection (a), as amended by Ordinance No. 324, section 8, is
covered by the definition of "su'eet" in section 1-2 of the city Code, as amended by Ordinance
No. 324, section 1 and xv~ be deleted. It__N__
Sec. 12-10. Through streets; one-way streets.
92.
In the fourth line, change "u'unk highway" to "state trunk highway." Y N
.,~ 169.30.)
(See M.S.
93.
In the fourth line of section 12-10 and elsewhere, change "co~rmzissioner of ldghways" to
"comm/ssioner of u'ansportation." Y~N~ O'LS, ~ 169.02, subd. 21)
Sec. 12-11. Seasonal weight restrictions.
94. In the fn_'st line, change "ids" to "its." Y N
Article II. Snowmobiles
Sec. 12-31. Definitions,
94a.
Delete the definitions of "right-of-xvay" and "roadxvay," which are covered in section 1-2, as
amended. Y N (See Ordinance No. 324, sections 1 and 9.)
95.
Delete the definition of"roadway," as amended by Ordinance No. 324, section 9. Y N
(See M.S. ~. 84.81, subd. 9 (definition of "roadway") and the first sentence of section 12-31 of
the ciw Code.)
-17-
Sec. 12-32. Application of other laws; statutes adopted.
96. Change the first comma in the second line to a period. Y N
97. Delete the xvords "and Minnesota Statutes chapter 169" in the second line. Y
xvords are covered in section 12-1 of the city Code.)
Sec. 12-33. Operation generally.
98.
99.
N (Such
'~ 7''
The word unnecessar} in the first line of subsection (7) is vague and xvill be changed to
"unreasonable." Y N
The word "annoys" in the second line of subsection (7) is vague and will be deleted. Y N
-18-
Chapter 13. Nuisances
Article I. In General
Sec. 13-1. Definitions.
100. The xvord "Annoys" in subsection (1) is vague and xvill be changed to "Disturbs." Y N
Sec. 13-2. Illustrative enumeration.
101.
The word "unnecessau0'/n subsection 0)(14) is vague and xv/ll be changed to "unreasonable."
Y N
102.
Conform subsection ¢)(20) to descriptive language in M.S. ~ 609.675.
103. In the second line of subsection ¢)(22), the word "annoys" is vague and will be deleted.
Y N
Ord. No. 324. Definitions, private and public streets and flag lots.
104.
In the fn:st line of section 7, change "13-2(23)" to "13-20o)(23)." y N
Sec. 13-2. Illustrative enumeration.
105. In the seventh line of subsection 00)(23)c, change "New Years Da}," to "New Year's DAF,."
Y N (See M.S. ~ 645.44, subd. 5.)
106. In the thi_rd line of subsection (b)(24)e, change "13-2(24)d" to "13-200)(24)d." Y__N__
Article II. Junked or Abandoned Vehicles
Sec. 13-21. Definitions.
107.
Compare M.S. ~ 168B.011. The citT will provide revised language. Y N
Sec. 13-22. Entry upon private property for removal or abatement.
108. Compare fids section and section 13-23 to M.S. ~ 168B.03 et seq. The city xvill provide revised
language. Y N
Article IV. Control and Prevention of Diseased Trees
Sec. 13-28. Forester; qualifications~ duties.
109.
In the tkird line of subsection (a), change "Statutes" to "Rules." Y N
-19-
Sec. 13-33. Inspection and investigation.
110. In the first line of subsections (b) and (c), change "his/her" to "his." Y N
paragraph that begins with the word "Gender" in the city Code.)
(See the
-20-
Chapter 14. Parks and Recreation
Article IV. Park Rules
Sec. 14-56. Definitions.
111. Conform the definition of "snoxvmobile to M.S. [ 84.81, subd. 3. Y__N
Sec. 14-58. Public gathering permits.
112. The words "participating in" in the first line of subsect/on (a) appear to be overbroad. The city
will proxdde revised language. Y N
Sec. 14-61. Alcoholic beverages.
113.
In the first line of subsection (b), change "tzis or her" to "tzis." Y N
fl~at begins with the word "Gender" in section 1-2 of the citT Code.)
(See the paragraph
Sec. 14-63. Destructive devices.
114, Delete the word "firearms" in the first line. Y__N__ (M.S. ~ 471.633)
Ord. No. 305. )mimals.
115. In tt~e fourth line of section 14-65(n), add "totally or partially" before "blind." Y N
~ 256C.02)
116.
After "officers" in the fifda line of section 14-65(a), add "or persons training a dog to be a
seca'ice dog." Y N (M.S. ~ 256C.02)
-21-
Sec. 15-20. Purpose.
Chapter 15. Planning and Development
Article III. Official Maps
117. In the last line, change "462.36" to "462.364." Y_~N__
Sec. 15-29. Publication and filing.
118. Tlzis section is not needed in the Code and will be deleted. Y.~N__
-22-
Chapter 16. Solid Wastes
Article I. In General
Sec. 16-1. Definitions.
119. In the fifth line of the definition of "MZxed municipal solid xvaste," change "used oil" to
"motor and vehicle fluids and filters." Y N (M.S. [ 115A.03)
120. After "leaves" in the first line of the definition of 'Ward xvaste," add "weeds." Y N__
5 15z.o3)
-23-
Chapter 17. Streets and Sidewalks
Article II. Excavations
121. Are an), of the prox4sions of the article superseded by article III of chapter 7 of the city Code?
Y N
If so, the city xvill provide revised language. Y N
Sec. 17-22. Accident prevention.
122. The fourth and fifth lines of subsection (a) xvill read: "with the safety provisions of the
current edition of the Manual of Accident Prevention for Construction, published by the
Associated General Contractors of America, to the extent that such provisions are not."
Y N (See http://secure.agc.org/iteminfo.cfm?itemid=30&compid=l)
Sec. 17-23. Roadways.
123. In the second line of subsection (d), change "AASHO" to "American Association of State
Highway and Transportation Officials (AASHTO)." Y N (See
http://xw, vw. aashto, org/aashto/home.nsf/FrontPage)
Article III. Moving Buildings
Division 1. Generally
Sec. 17-31. General standards.
124.
Subsection (1) will read: "The Minnesota State Building Code." Y N
-24-
Chapter 18. Subdivisions
Article I. In General
Sec. 18-1. Definitions.
125. Delete the definition of "Street," so that the definition of "Street" for section 1-2 (in
Ordinance No. 324, section 1), will apply. Y N
Sec. 18-39. Preliminary plat--Generally.
p_6. subsection (f)(7)c, change "not" to "no."
Sec. 18-40. Same--Data required.
127. In the fourth lhle of subsection (3)f, is "\VPC" correct? Y N
If not, the cit-5- will provide revised language. Y N
Sec. 18-41. Final plat--Generally.
128.
the second lh~e of' subsec~on (f), change "GIS" to "geographic informa~on systems (GIS)."
--
Article III. Design Standards
Sec. 18-56. Generally.
129. The £ncst sentence will read: "The proposed subdMsion shall conform to the comprehensive
plan, the design handbook, and chapter 20 of ttzis Code." Y~N~
Ord. No. 324. Definitions, private and public streets and flag lots.
130. See "DBH" hi the fifth line of section 19 (5 18-61 (d)(2)). Add the following "DBH means
diameter measured at breast height (4.5 feet above die ground)." (Taken from the zoning
ordinance on page 1144 of the city Code) Y N
Sec. 18-63. Surface water management.
131. Is subsection (a) current? Y~N~
If not, the city will provide revised language. Y N
-25-
Article IV. Easements, Dedication of Land or Cash Contribution
for Public Purpose and Required Improvements
Sec. 18-79. Park land dedication requirements.
132. In the second line of subsection (f), change "the city zoning ordinance" to "chapter 20."
Y N
-26-
Chapter 19. Water, Sexvers and Sewage Disposal
Article III. Municipal Sanitary Sewage Disposal System
Sec. 19-43. Permit for connections, etc.
133. In the tkird line of subsection (i)(3), delete "1990." Y__N
Sec. 19-44. Prohibited discharges into sanitary sexver system.
34. At the end of subsection (b), and in the tt~ird and fourth lines of subsection (e), delete "by
May 1, 1994." Y N
Sec. 19-45. Connections charges.
135.
tho £, st of subsection ¢), change "[fee]" to "fee." ¥ N
Sec. 1%49. Sewer specifications.
136.
In the second line of subsection (a), change "state plumbing code" to "Minnesota Plumbing
Code." Y__N~
Article IV. IndMdual Sanitary Sewage Treatment Systems
Sec. 19-66. General.
137. The f-nest paragraph of subsection (c) will end with the word "Rules" in the tl~'d line. The rest
of the paragraph is unnecessary. Y~N__
138.
In the sLxth and eighth lines of subsection (c), change "Chapter" to "Part." Y N
139. The definition of "City" in subsection (c) is covered in section 1-2 of the city Code and xvill be
deleted. ¥ N
140.
The definition of "Department" in subsection (c) refers to the "city building inspection
department." Section 2-16(7) of the city Code refers to the "building department." The city
will provide revised language. Y N
141. The definition of" "
Person in subsection (c) xvill be combined xvith the definition of
¢, ,,
Person in section 1-2. Y~N~
142.
Before "United" in the second line of the definition of "Soil textural classification," add "Soil
Conserx, adon Service." Y N (See
J~ttp://wxxav.stadab.iastate.edu/soils/ssm/gen cont.html)
143.
M.S. ~ 105.37, referred to in the second line of the definition of "Surface xvaters," has been
repealed. The city will provide revised language. Y N (For example, see M.S. ~ 103G.005.)
-27-
Sec. 19-67. Standards for health, safety and environmental preservation.
144. At the beginning of the section, delete "(a) Standards adopted." Y N
subsection (b))
There is no
145.
In the first line of subsection (a)(4), change "Chapter" to "Part." Y__N__
Sec. 19-71. Failing and noncomplying systems.
146. In the fifth line of subsection 0o), change "Statutes" to "Rules." Y N
Sec. 19-72. Maintenance.
146a. In the second 1/ne of subsection 0o), change "Statutes Chapter" to "Rules Part." Y N
Sec. 19-75. Violations and penalties.
147. In the second line of subsection (2), change "Statutes" to "Rules." Y__N__
Sec. 19-76. Variances.
148.
The flxird line of subsection (3) refers to "subp. 3." Elsewhere in this chapter, the term
"Subpart" is used. The city will provide revised language.
Article VI. "Section 201" Sewer Systems
Sec. 19-126. Definitions.
149.
At the end of the definition of "State disposal system (SDS) permit," change "8" to "5."
Y N
Sec. 19-130. Regulations for use of public sexver.
150. At fl~e end of subsection (a)(7), there is a reference to "the Act." The cit-y will add a definition
of "the Act." Y N
-28-
Chapter 20. Zoning
Article I. In General
Sec. 20-1. Definitions.
151. Remove the brackets in the first line of the definition of "Auto service center." Y N
152.
The definition of "Hardship" refers to a definition in M.S. ch. 462. However, the chapter does
not define "hardship." M.S. [ 462.357, subd. 6(2) defines "undue hardship." There is also a
definition of "undue hardship" in section 20-58(1) of the city Code. The cit-y will provide
revised language. Y N (See, also, paragraph 160, beloxv.)
153. Conform the definition of "Public waters" to M.S. [ 103G.005, subd. 15. Y N
154.
The terms del'reed in fi'tis secdon will be in alphabetical order. Y___N
"Sign, bulletin board" folloxved by "Sign, banner.") --
(See, for example,
155.
Is subsection (4) of the definition of current? Y__N__ (The U.S. Environmental Protection
Agency and the U.S. Department of the Interior may be more involved with wetlands than the
U.S. Fish and \Vildlife Sen-ice now is. The latter is supposed to be at fws.gov.)
Article II. Administration and Enforcement
DMsion 1. Generally.
Sec. 20-26. Enforcement generally.
156. The second and ttdrd lines refer to the "police department." Does the city have a police
department and a public safer7 department? Y N
If not, the citT will provide revised language. Y N
Sec. 20-28. Board of zoning adjustments and appeals.
157.
In tits section and elsewhere, change "board of zo~sng adjustments and appeals" to "board of
appeals and adjustments." Y N O~.S. ~ 462.354, subd. 2, and 462.357, subd. 6, refer in the
text to the "board of appeals and adjustments.")
158.
159.
Conform subsection (b) to the provisions of M.S. [ 462.357, subd. 6, that are not in the
definition of "hardship" in section 20-1 or in section 20-56. Y~N~
Add to subsection 00) language from iM.S. [ 462.359, subd. 4. Y N
DMsion 2. Amendments
Sec. 20-43. Public hearing.
159a. Conform subsection (a) to applicable language ofM.S. ~ 462.357, subd. 3. Y__N~
-29-
Division 3. Variances
Sec. 20-58. General conditions for granting.
160. Conform the definition of "Undue hardship" in subsection (1) to the definition in M.S.
[ 462.357, subd. 6(2). Y N
Sec. 20-60. Denial.
161.
In the first line, change "deemed" to "denied." Y.~N__
DMsion 5. Building Permits, Certificates of Occupancy, Etc.
Sec. 20-92. Certificates of occupancy.
162. Is subsection (a) current? Y N
If not, the citT will provide revised language. Y N__
163. The last sentence of subsection 0o) is obsolete and xvill be deleted. Y N
~ 16B-59 et seq.)
(See M.S. -
Ord. No. 318. Grading and erosion control.
164.
165.
Compare M.S. ~ 103F.441. The citT will provide revised language. Y N
Compare the first sentence of section 20-94(a) to section 20-94(0. The cit-}, will provide revised
language. Y N
Division 6. Site Plan Review
Sec. 20-113. Administrative approvals.
166.
Sections. 20-113--20-116 (for example) refer to the "director of planning." Section 2-16(4)
refers to "a planner and an assistant city planner." The cit3, will provide revised language.
Y N
Article IV. Conditional Uses
DMsion 2. Conditional Use Permits
Sec. 20-236. Expiration.
167. The last sentence is transitional and xvill be deleted. Y N
-30-
Division 3. Standards for Agricultural and Residential Districts
Sec. 20-256. Commercial communication transmission towers.
168.
169.
Tiffs section and sLmilar sections elsexvhere are redundant and will be deleted.
If this section and similar sections are kept, compare the xvording of the section catchline to the
wording of the text of the section. The cit7 will provide revised language. Y N
Sec. 20-257. Wholesale and retail nurseries.
170. Delete the brackets in the first line of subsection (b). Y N
171. ~A~t the end of subsection Co)(7), add "without a permit from the citT council." Y
Sec. 20-263. Recreational beach lots.
172.
N
173.
The first sentence of subsection (11) is covered by the definition of "Recreational beach lot" in
secdon 20-1 and will be deleted. Y N
In the first two lines of subsection (12), the words "including an}' recreational beach lots
established prior to Februau, 19, 1987" are redundant and will be deleted.
In the first line of subsection (18)g, change the semicolon to a colon. ¥ N
Sec. 20-265. Golf drMng ranges.
174. Delete the brackets in the first line. Y
N
Sec. 20-266. Sales trailers for residential developments.
175.
The ciw will clarify the abbreviation "ADA" in subsecdon (6). Y N
DMsion 4. Standards for Business, Office, Institutional and Industrial Districts
Sec. 20-282. Motor fuel and service stations.
176. The citT will clarify the abbreviation "PCA" in subsection (6). Y
Sec. 20-292. State-licensed day care centers.
177. Delete the brackets in the first line. Y N
Sec. 20-296. Automobile rental facilities.
177a.
N
Subsection 0o)(10) and any sinailar provisions elsewhere are redundant and will be deleted.
Y N
-31-
Sec. 20-326. Purpose.
Article V. Floodplain Overlay District
Division 1. Generally
178. In the last line, change "104" to "103F." Y
Sec. 20-327. Scope.
179. Is tlds section current? Y N
N
If not, the city xvill provide revised language. Y N
Division 2. General Floodplain District
180. At the end of the title of dMsion 2, add "(GFP)." Y N (See the' titles of divisions 3 and 4.)
DMsion 4. Flood Fringe District (FF)
Sec. 20-377.1. Conditional uses.
181. Is the second sentence of subsection (3)--pertaining to certain classifications defined by the
Uniform Building Code-current? Y N
If not, the cit-5, will provide revised language. Y___N__
Article VI. Wetland Protection
Sec. 20-401. Findings; intent; rules adopted by reference.
182.
Subsection (c) will begin as follows: "This article is adopted in part to implement the Wetland
Conservation Act of 1991, as amended ~LS. [ 103F.612 et seq.), and the accompanying."
Y N
Sec. 20-403. Delineation of wetlands.
183. The first sentence in subsection (b) is redundant and will be deleted. Y.~N__
184.
If the first sentence in subsection (b) is kept, change "article" at the end of the sentence to
"chapter." Y N
-32-
185. Paragraphs (1)--(4) of subsection (c) will read:
"(1) Wetlands, ag/urban.
"(2) Wetlands, natural.
"(3) Wetlands, pristine.
"(4) Utilized."
Y__N__ (The rest of the language of such paragraphs is on pages 1158.6 and 1159 of the
citT Code.)
Sec. 20-406. \Vetland buffer strips and setbacks.
186. The words "(date of ordinance adoption)" in the f'irst line of subsections (a) and Qb) are not
necessary and will be deleted. Y N
Sec. 20-411. Variances.
187. In the second line, change "dMsion III of this Code" to "division 3 of ttzis chapter." Y___N__
188. This secdon end with the words "the Act or Rules." The citT will add a defudtion of "the
Act" and a definition of "Rules." Y__N__
Sec. 20-418. Enforcement procedures.
189. :\t the end of subsection (a), change "seven hundred donars (S, 700.00)" to "one thousand
aon~ ¥ N (See M.S. '~ 609.034.)
Article VII. Shoreland Management District
Sec. 20-476. Statutory authorization and policy.
190. In t_he second line of subsection (a), change "105" to "103F." Y N
Sec. 20-477. General provisions.
191. Subsection (e) is covered by section 1-10 of the cit3, Code and will be deleted. Y_~N~
Sec. 20-479. Shoreland classification system and land use districts.
192. Delete the brackets in the first line of subsection 0o). Y N
-33-
Sec. 20-481. Placement, design and height of structure.
193. The "parts" referred to in the seventh line of subsection (e)(1)b will be identified as state Rules.
194. The reference to "Chapter 1340" at the end of subsection (e)(3)f is obsolete. The city will
provide revised language Y N (Chapter 1340 of the state Rules has been repealed.)
Sec. 20-483. Topographic alterations/grading and filling.
195. The city xvill clarify "section 7, article III" in the th/rd line.
Article VIII. Planned Unit Development District
Division 1. Generally
Sec. 20-504. Coordination with other zoning regulations.
196. In the frrst line of subsection Co), change "Code" to "chapter."
197.
For purposes of uniformit-y and consistency, subsection (c) xvill read as folloxvs: "PUD plans
shall be coordinated with and in compliance with the provisions of articles V, VI and VII of
this chapter. Y__N__
Sec. 20-505. Required general standards.
198.
For purposes of uniformitT and consistency, subsection 0) will read as folloxvs: "The
requirements contained in articles ),_UXIII, X_,'-X2IV and X~'%%T of this chapter ma), be applied by
the city as it deems appropriate." Y N
Article IX. "A-I" Agricultural Preservation District
Sec. 20-552. Permitted uses.
199.
In subsection (6) and in references to "group home" elsewhere, delete the xvords "state-
licensed," which are in the definition of "group home" in section 20-1. Y N
Article XXIII. General Supplemental Regulations
Division 1. Generally
Sec. 20-904. Accessory structures.
200. In the second line of subsection (a)(3), change "[but] however," to "but." Y N
-34-
Sec. 20-905. Single-family dxvellings.
201. Are subsections (3) and (5) current? Y N
If not, d~e city will provide revised language. Y N
DMsion 3. Home Occupations
Sec. 20-978. Occupations prohibited.
202. Delete the designation "(1)" at the beginning of the section. Y__N__
203. The city will provide revised language to make tMs section a complete sentence. Y__N
Division 5. Fences and \Val/s
Sec. 20-1019. Location.
204.
Delete the brackets in the f-~rst line of subsection (c). Y N
DMsion 6. \Vind Energy Conversion Systems (WECS)
Sec. 20-1048. Compliance with technical codes.
205.
Is the reference to the Uniform Buildh~g Code in the fourth line of subsection (a) current?
Y N
If not, the city will provide revised language. Y N
Sec. 20-1055. Lighting.
206.
Is "September 1978" in the third linc current? Y N
If not, the ciu? will provide revised language. Y N
Article XXIV. Off-Street Parking and Loading
DMsion 1. Generally
Sec. 20-1101. Driveway and private street setbacks and xvidths in business, industrial, office and
multiple-family districts.
207. Is "1985" in the ttfrd line of subsection (2) current? Y__N~
If not, the cit-5- will provide revised language. Y N
-35-
DMsion 2. Parking and Loading
Ord. No. 321. Amending the zoning ordinance.
208.
209.
Section 2 of this ordinance deletes the (a) ** footnote. In the eighth line of section 20-1118(a)
of the city Code, change "26 ' **" to "26 ' ***" Y.~N__
The eighth line of subsection (h) reads as folloxvs: "* One xvay aisles." However, there is no
other asterisk on the same page. The city will provide revised language. Y N
Sec. 20-1124. Required number of on-site parking spaces.
210. Delete the brackets in subsection (2) (f) (2) (a) and (b). Y N
Article XXV. Landscaping and Tree Removal
Division 1. Generally
Sec. 20-1176. Intent, scope and compliance.
211. Delete the brackets in the ttzird line of subsection (0(2)0). Y
N
Article XXVI. Signs
DMsion 1. Generally
Sec. 20-1270. Uniform Sign Code.
212. Change "Chapter 4 of the 1994 edition" to "Chapter 4 of the 1997 edition." Y
Article XXX. Towers and Antennas
Sec. 20-1503. Height restrictions--Determination; maximum height.
213. Delete die brackets in the first line of subsection 0o). Y N
N
N
Sec. 20-1505. Setbacks.
214. Delete the brackets in the first line. Y
Sec. 20-1508. Construction requirements.
215. Delete the brackets in subsection (1). Y
Sec. 20-1564. Structure setbacks.
216.
In the f~rst line, change "setback" to "set back." Y N
N
-36-
GENERAL PROVISIONS
§ 1.15
Sec. 1.14. Certain ordinances not affected by Code.
Subd. 1. Nothing in this Code or the ordinance adopting this Code shall be construed to
repeal or otherwise affect the validity of any of the following when not inconsistent with this
Code:
A.
Any offense or act committed or done or any penalty or forfeiture incurred before the
effective date of this Code.
B. Any ordinance or resolution promising or guaranteeing the payment of money for the
city, or authorizing the issue of any bonds of the city, or any evidence of the city's
indebtedness, or any contra.ct,' right, agreement, lease, deed or other instrument or
obligation assumed by the city.
C. Any administrative ordinances of the city not in conflict or inconsistent with the
provisions of this Code.
D.
G.
Any right or franchise granted by any ordinance.
Any ordinance or resolution dedicating, naming, establishing, locating, relocating,
opening, pa,,dng, widening, repairing, vacating, etc., any street or public way in the
ci ry.
Any appropriation ordinance.
Any ordinance le~ying or imposing taxes.
Any ordinance prescribing fees, fines, charges, rates, or other specific monetary
values.
I. Any ordinance annexing territory or excluding territory or any ordinance extending
the boundaries of the city.
J. Any ordinance establishing traffic or parking regulations on any street or public way,
including traffic schedules.
I~ Any ordinance regarding salaries or compensation of city officers or employees.
L. Any temporary or special ordinances.
Subd. 2. All such ordinances are hereby recognized as continuing in full force and effect
to the same extent as if set out at length in this Code. All ordinances are on file in the office
of the city administrator.
Sec. 1.15. Amendments to Code.
Subd. 1. Any and all additions and amendments to this Code, when passed in such form
as to indicate the intention of the city council to make such additions or amendments a part
of this Code, shall be deemed to be incorporated in this Code so that reference to the Code shall
be understood and intended to include such additions and amendments.
Subd. 2. All ordinances passed subsequent to the adoption of this Code which amend,
repeal or in any way affect this Code may be numbered in accordance with the numbering
CDi:7
§ 1.15 EAGAN CODE
system of this Code and printed for inclusion therein. When subsequent ordinances repeal any
chapter, section, subdivision, paragraph or any portion thereof, such repealed portions may be
excluded from the Code by the omission thereof from reprinted pages.
Subd. 3. Amendments to any of the provisions of this Code may be made by amending
such provisions by specific reference to the section number of this Code in substantially the
following language: "That section of the City Code, City of Eagan, Minnesota, is
hereby amended to read as follows: .... "The new provisions shall then be set out in full.
Subd. 4. If a new section not then existing in the Code is to be added, the following
language may be used: "That the City Code, City of Eagan, Minnesota, is hereby amended by
adding a section to be numbered , which section reads as follows: .... "The new
section may then be set out in full.
Subd. 5. All chapters, sections, subdivisions, paragraphs or provisions desired to be
repealed must be specifically repealed by chapter, section, subdivision-or paragraph number,
as the case may be.
Sec. 1.16. Supplementation of Code.
S,bd. 1. By contract or by city personnel, supplements to this Code shall be prepared and
printed whenever authorized or directed by the city council. A supplement to the Code shall
include all substantive permanent and general parts of ordinances passed by the city council
or adopted by initiative and referendum during the period covered by the supplement and all
changes made thereby in the Code. The pages of a supplement shall be so numbered that they
will fit properly into the Code and will, where necessary, replace pages which have become
obsolete or partially obsolete, and the new pages shall be so prepared that, when they have
been inserted, the Code will be current through the date of the adoption of the latest ordinance
included in the supplement.
Subd. 2. In preparing a supplement to this Code, all portions of the Code which have been
repealed shall be excluded from the Code by the omission thereof from reprinted pages.
Subd. $. When preparing a supplement to this Code, the codifier, meaning the person
authorized to prepare the supplement, may make formal, nonsubstantive changes in ordi-
nances and parts of ordinances included in the supplement, insofar as it is necessary to do so
to embody them into a unified code. For example, the codifier may:
A. Organize the ordinance material into appropriate subdivisions;
B. Provide appropriate catchlines, headings and titles for sections and other subdivi-
sions of the Code printed in the supplement, and make changes in such catchlines,
headings and titles;
C. Assign appropriate numbers to sections and other subdivisions to be inserted in the
Code and, where necessary to accommodate new material, change existing section or
other subdivision numbers;
CD1:8