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2 Code Amendments CITYOF 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site v;,,av.ci .chanhassen .mn .us TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: November 25, 2002 SUBJ: Code Amendments PURPOSE Attached is the memo originally presented to the City Council at a work session on November 25, 2002. Based on this meeting, we will provide the Planning Commission with the direction received from City Council for each area. The overall direction provided by city council was to prepare changes to the code that make the operation more efficient and effective, but do not add costs. Initially, staff is preparing changes to Chapters 1 - 17 of the City Code, which represents the administrative portions of the code. We are attaching the draft changes to Chapters 1 - 17 for your information. Separately, Chapters 18 - 20, which are the subdivision, sewer and water, and zoning portions of the code, will be reviewed and presented. While the Planning Commission does not have review authority over Chapters 1 - 17, we are providing the Planning Commission with an opportunity to help refine the amendments and review proposed language changes. Attached are the draft revisions to Chapters 1 - 17. Please prepare any comments or questions so that · we may discuss them at the meeting. The Planning Commission will have review responsibility for Chapters 18 and 20. A public hearing is required to make changes in these-chapters. We are requesting that the Planning Commission begin to review Chapters 18 and 20 and prepare notes for the Planning Commission work session in February so that we can discuss potential changes. Staff is looking at the possibility of deleting the individual zoning district sections and providing use and setback data in tabular form. Attached is a sample of tliis format. One of the specific issues we will be looking into is the uses permitted in various districts, e.g., are they appropriate, do we need to update or revise uses, should we delete or add uses to districts, etc. SUMMARY Chapter 1. General Provisions Chapter 1 contains general definitions, penalties and code amendment requirements. The City Council appeared to concur with staff' s ideas. The City of C/zanhassen · A growing community witt~ clean lakes, quality schools, a cha,rming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play. Planning Commission January 7, 2003 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. Most of the changes are administrative in nature with the exception of the Rural Service District. 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. The City Council was receptive to the ideas. Chapter 6. Boats and Waterways. This chapter deals with city lakes including structures and boat operations. These changes are more administrative in character. Chapter 7. Building and Building Regulations. This chapter deals with building code requirements and the issuance of building permits. 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. Council was receptive to the changes. Chapter 9. Fire Prevention and Protection This chapter deals with the operation of the city fire department. These changes are administrative in natures. Planning Commission January 7, 2003 Page 3 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. City Council directed that staff further review 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. Additionally, they wanted staff to investigate the use of photo identifications for licensed individuals. The attorney' s office will be proposing changes to the sexually oriented business section of the ordinance to tighten the code. Chapter 11. Miscellaneous Provisions. This chapter deals with curfew and firearms. Changes are being proposed to bring the city code into conformance 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. There are significant issues regarding the enforcement of this ordinance. City Council directed staff to prepare changes that will assist the city in enforcing the code, but that there should not be changes that would require additional expenditures. 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 15. Planning and Development. This chapter deals with the Planning Commission and official maps. Changes are being proposed to correctly 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. Planning Commission January 7, 2003 Page 4 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. City Council was supportive of permitting the moving of buildings administratively, rather than by city council action. ATTACHMENTS 1. Setback Tables 2. Use Matrix 3. Draft Code Amendments 4. Memo from Bob Generous to Todd Gerhardt dated 11/25/02 LOTS SIZE (SQ.FT.) 40 acres 15,000 @ 5 acres *{.5 acre * 15,000 @ 15,000 FRONTAGE FT. 350 90 200 200 90 90 DEPTH FT 250 125 200 200 125 125 COVERAGE % 3 20 20 20 20 25 2/5/98 SETBACK FRONT 100 50 50 50 50 30 REAR 100 50 50 50 50 30 SIDE 50 10 10 10 10 10 BUILDING HEIGHT PRINCIPAL STORIES 3 3 3 3 3 3 FEET 40 40 40 40 40 40 ACCESSORY STORIES 3 3 3 3 3 NA FEET 40 40 40 40 40 20 LOTS SIZE (SQ. FT.) FRONTAGE FT. DEPTH FT COVERAGE % R-4 R-4 R-8 R-8 R-12 R-12 R-16 detach sf duplex duplex mf duplex mf 15,000 10,000/du 7,500/du 5,500/du 7,500/du 3,600/du 2,700/du 80 50/du 50/du 50/du 50/du 150 NA 125 125 150 150 155 155 NA 30 30 35 35 35 35 50 SETBACK FRONT 30 30 25 25 25 25 50 REAR 30 30 25 25 25 25 50 SIDE 10 10 10 10 10 10 50 -TILDING HEIGHT PRINCIPAL STORIES 3 3 3 3 3 3 3 FEET 40 40 40 40 40 40 40 ACCESSORY STORIES 1 1 1 1 1 1 1 FEET 15 15 15 15 15 15 15 LOTS SIZE (SQ.FT.) FRONTAGE FT. DEPTH FT COVERAGE % BN BH CBD BG BF OI IOP 3 ac. dis~10 ac. dist. 15,000 20,000 10,000 20,000 20,000 15,000 1 acre 75 100 100 100 100 75 150 150 150 100 150 150 150 200 65 65 NA 70 40 65 70 SETBACK FRONT 35 25 NA 25 25 35 30- REAR 30 20 NA 25 20 30 10 SIDE 15 10 NA 10 10 15 10 BUILDING HEIGHT PRINCIPAL STORIES t 2 NA NA 1 2 4 FEET NA NA NA NA NA NA 50 ACCESSORY STORIES 1 1 NA NA 1 1 1 FEET NA NA NA NA NA NA NA *1 unit per 10 acres in aggregate. Properties subdivided prior to July 1987 @ a 1 unit/10 subdivided until urban services are available. Der 10 acres - Some subdivisions have special setback regulations o .~l .~i 0 i 0 .~t o o rD 0 0 i ,.-.., "< ~ ~ '' r,.) ,._.., < r,,,,) < ..< rD< .L) i C"q ,_-4 <::: <:: ,.._., <::: .¢-. ~ mm <::: <:: ¢_._, < .0._, r,D ¢--, ¢.-, -- i'< .<: ¢...< O _. < <::: ¢.., <:: ~ ¢.., _ .<: ¢_._,< ~ .__ 0 .~1 o 0 Code Amendments Changes being proposed: additions are shown in bold, deletions are shown as Chapter 1. General Provisions Section 1-2. Rules of construction and definitions City engineer. References to the city engineer, director of public works or public works director are to the director of public works/city engineer. Department of public works. The department of public works shall consist of both the public works department and engineering department. Officials, officers, departments, employees, boards, com~nissions, etc. Whenever reference is made to officials, employees, boards, commissions or other agencies of the city by title only, i.e., "mayor," "city manager," "clerk," "chief of police," etc., they shall be deemed to refer to the officials, officers, departments, employees, boards, commissions or other agencies of this city. Statutes. References to "statutes" or to "M.S." are to the Minnesota Statues, as amended unless otherwise specified. Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one (1) person and or thing. A word importing the plural number only may extend and be applied to one person or thing as well as several persons or things. Oath. The word "oath" shall be construed to include affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the word "swear and sworn" shall be equivalent to the words "affirm" and "affirmed". MS 645.44 Subd. 6. Oath; affirmation; affirm; sworn. "Oath" includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed." *MCC recommends we "conform" with MS. Is it necessary? Person. The word "person" means any human being and may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated . Public works director. References to the city engineer, director of public works or public works director are to the director of public works/city engineer. Written; in writing. The words "written" or "in writing" include any representation of words, letters, figures, whether by printing or otherwise. MS 645.44 Subd. 14. Writing. "Written" and "in writing" may include any mode of representing words and letters. The signature of a person, when required by law, (a) must be in the handwriting of the person or, (b) if the person is unable to write, (i) the person's mark or name written by another at the request and in the presence of the person or, (ii) by a rubber stamp facsimile of the person's actual signature, mark, or a signature of the person's name or a mark made by another and adopted for all purposes of signature by the person with a motor disability and affixed in the person's presence. *MCC recommends we "conform" to MS. Is it necessary to adopt the exact language? Year. Unless otherwise designated, the word "year" means a calendar year. MS 645.44 Subd. 13. Time; month; year. "Month" means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord." *MCC recommends we "conform" to MS. Is it necessary? Sidewalk. The word "sidewalk" means a pedestrian way, public or private, designed or intended for the principal use of pedestrians. MS 169.01 Subd. 33. Sidewalk. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. *MCC recommends we "conform" to MS. Is it necessary? Street. The word "street" means a public right-of-way, or private right-of-way occupied by a roadway. MS 169.01 Subd. 29. Street or highway. "Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. *MCC recommends we "conform" to MS. Is it necessary? *The changes proposed as part of the definition section are due to Municipal Code Corporation, MCC, suggestions and staff recommendations due to organizational structure and for clarification. MCC was contracted by the city to review the code for conflicts between the code and state statutes as well as conflicts within the code. Where MCC has recommended changes to definitions based on conformance to state statutes, but where I was unsure whether we should make the change, I have included the code language with the state language below. Section 1-4. The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section. }~le4t-her-4~ Catchlines, ~,; ~ ...... , ...... c ....... shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted. No provision of this Code shall be held invalid by reason of deficiency in any such catchline or in any heading or title to any chapter, article or division. The history notes appearing in parentheses after sections in this Code are not intended to have legal effect but are merely intended to indicate the source of matter contained in the sections. The editor's notes, cross references and state law references in this Code are not intended to have any legal effect but are merely intended to assist the user of this Code. *MCC recommendations. Sec. 1-6. Ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect any ordinance: (1) Promising or guaranteeing the payment of money by or to the city, or authoriZing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; (2) Appropriating funds or establishing or relating to the annual budget; Imposing taxes which are not inconsistent with this Code; (4) Establishing positions, classifying employees or setting salaries; (5) Granting a franchise; (6) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, or vacating any street or public way; (7) Establishing or prescribing street grades; (8) Providing for local improvements and assessing taxes therefor; (9) Prescribing through streets, parking prohibitions, parking limitations, one-way streets, speed limits, load limits or loading zones not inconsistent with this Code; (11) Dedicating, accepting or rejecting any plat or subdivision; (12) Annexing or deannexing property; (13) Providing for a survival plan or relating to civil defense or civil defense emergencies; (14) Rezoning specific property. (15) Whose purpose has been accomplished; (16) Which is special although permanent in effect; (17) Which is temporary although general in effect; and all such ordinances are recognized as continuing in full force and effect to the same extent as if set out at length herein. *MCC recommendation. Rezoning was duplicated in 10 and 14. Section 1-9 Whenever in this Code any act is prohibited or is made or declared to be Unlawful or an offense or a misdemeanor, or whenever in this Code the doing of any act is required or the failure to do any act is declared to be unlawful or an offense, where no specific penalty is provided therefor, the violation of any such provision of this Code shall be a misdemeanor punishable to the maximum extent authorized in MAnne~ata Statute~ ~ectic, n M.S. {}412.231, as modified by M.S. {} 609.034. Each day of any violation continues is a separate offense. *MCC recommendation. Section 1-10. It is declared to be the intent of the city council that if any section, subsection, sentence, clause, phrase or portion of this Code or any ordinance is held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code or any ordinance, and it shall be construed to have been the legislative intent to pass this Code or the ordinance without the unconstitutional, invalid or inoperative part therein, and the remainder of this Code or the ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included herein, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. If this Code or any ordinance or provision thereof is held inapplicable to any person, group of persons, property of k/nd of property, or circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstance. *MCC recommendations. State Statute citation: 645.20 Construction of severable provisions. Unless there is a provision in the law that the provisions shall not be severable, the provisions of all laws shall be severable. If any provision of a law is found to be unconstitutional and void, the remaining provisions of the law shall remain valid, unless the court finds the valid provisions of the law are so essentially and inseparably connected with, and so dependent upon, the void provisions that the court cannot presume the legislature would have enacted the remaining valid provisions without the void one; or unless the court finds the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. New Section between 1-10 and 1-11. Section 1-10.5. Amendments to Code Any and all additions and amendments to this Code, when passed in such a form as to indicated 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. 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 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. 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: "The section of the City Code, City of Chanhassen, Minnesota, is hereby amended to read as follows: .... "The new provisions shall be then set out in full. If a new section not then existing in the Code is added, the following language may be used: "That the City Code, City of Chanhassen, Minnesota, is hereby amended by adding a section to be numbered , which shall read as follows: .... " The new section may then be set out in full. All chapters, sections, subdivision, paragraphs or provisions desired to be repealed must be specifically repealed by chapter, section, subdivision or paragraph number, as the case may be. *MCC recommendation. Chapter 2. Administration Section 2-3 Unless otherwise provided by city code, Robert's Rules of Order, ~Newly vRevised, 9v~ Tenth eEdition, shall govern the conduct of procedure of all meeting of the city council. *MCC recommendation. Section 2-16. Departments and offices established There are established the following city departments and officers: (1) General administration, which Shall include the city ~ clerk/c-/t-y manager c4e~; (2) Department of park and recreation which shall include the park and recreation c~-~,~;-~'-- director; (3) Department of finance, which shall include the~,~;~ ~-.~,,o,-,~ ......... finance director and an account clerk; (4) r,~,.,.,;--~ .,-··,-.a, Community Development department, which shall include a ~ an~ ~oo: ~,~,,, .,~ ..... community development director and a building official; (5) Department of public works which shall include a director of public works/city engineer; (6)~.~v..--.~-~r~'"~'*'~'* ..~'c ....~.~:..v''~'"'~ o-~'~:°"c~*" Chanhassen Fire Department, which shall include a fire chief; and (g 7) Such other departments and officers as established by state law or city ordinance. *MCC recommendation. Additionally, staff is recommending changes due to organization changes within the city, e.g., park and recreation director, finance director, Community Development department, elimination of Department of Public Safety and adding fire department, and inclusion of Building department in Community Development. Section 2-20. Enforcement of city code. The city manager or city manager's designee, peace officers, part time peace officers, reserve officers, community service officers, ~-,~;----,~,~,,,,l~ ,,~,,~,,~o,~,,~,~,~'~'~*,~ ~*,-~ community development director, building inspector/official, public works director, fire inspector officers within their job descriptions or as otherwise authorized by ordinance, are expressly authorized to institute in the name of the city any appropriate actions, civil or criminal, including the issuance of citation in lieu of arrest against a person, firm or corporation who violates any provision of this City Code. Pursuit of one (1) remedy shall not bar or act as a limitation on any other remedy the city may have at law. *Recommended to con'espond with organizational changes. Section 2-31. Special assessments for certain services In addition to any other method authorized by law, the city council may, by i:esol4~,o~ ordinance, order the perfo~rnance of any of the services or work enumerated in Minnesota Statutes section 429.101, subdivision 1. The performance by the city of any of the foregoing services or work shall constitute a special benefit for which a special assessment for the collection of the cost thereof may be levied against the property. *MCC recommendation. Minnesota Statute citation: 429.101 Service charges, a special assessment against benefited property. Subdivision i. Ordinances. In addition to any other method authorized by law or charter, the governing body of any municipality may provide for the collection of unpaid special charges for all or any part of the cost of (a) snow, ice, or rubbish removal from sidewalks, (b) weed elimination from streets or private property, (c) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of sections 463.15 to 463.26, (d) installation or repair of water service lines, street sprinkling or other dust treatment of streets, (e) the trimming and care of trees and the removal of unsound trees from any street, (f') the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks and alleys, (g) the operation of a street lighting system, or (h) the operation and maintenance of a fke protection or a pedestrian skyway system, as a special assessment against the property benefited. The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council, provisions for placing primary responsibility upon the property owner or occupant to do the work personally(except in the case of street sprinkling or other dust treatment, alley repair, tree trimming, care, and removhl or the operation of a street lighting system) upon notice before the work is undertaken, and for collection from the property owner or other person served of the charges when due before unpaid charges are made a special assessment. Sec. 2-32. Urban and rural service districts. (a) The city is divided into an urban service district and a rural service district, constituting separate taxing districts for the purpose of all municipal property taxes except those levied for the payment of bonds and judgments and interest thereon. The urban service district includes all properties within the Carver County limits in the city except those set forth by ordinance as the rural service district. The rural service district shall include only such unplatted lands, which need not be contiguous to one another, as in the judgment of the council at the time of adoption of the ordinance are rural in character, and are not developed for commercial, industrial or urban residential purposes, and for these reasons are not benefited to the same degree as other lands by municipal services financed by general taxation. The council finds that only property put to the following uses is rural in character: A parcel on which ninety (90) percent of the tillable land is used for growing corn, grain, or sfeed crops; a parcel where the principal use is raising poultry, cattle, sheep, or swine; a parcel which is enrolled in the Federal Conservation Reserve Program. "Rural in character" specifically does not include property served by public sewer or water, tree farms, nurseries, hobby farms, and property whose principal use is residential. A dwelling on land that does not qualify for taxation under the state agricultural property tax law shall be considered urban residential. N ......... January 1, 2003, the parcels The city council finds that as of T .....~"~"l~,,~a ,~.,~nn< identified on a list datedlXT,., ..... · ,~..~,,~'~" l~ ~,, ~ anc~ ~ J January 1, 2003, entitled "Rural Service Districts" on file with the city clerk are in the rural service district. Whenever any parcel of land included in the rural service district is platted, in whole or in part, or whenever application is made for a permit for the construction of commercial, industrial or urban residential building or improvement to be situated on such parcel or any part thereof, or whenever such building or improvement is commenced without a permit, the council shall make and enter an order by resolution transferring such platted or improved parcel from the rural service district to the urban service district. In the judgement of the council, the ratio that exists between the benefits resulting from tax supported municipal service to parcels in the rural service district to parcels in the urban service district iso,,,,:~;v"' w-,/f~m seventy.five (75) percent, plus any municipal property taxes levied for payments of bonds and judgements, and interest thereon. *The change to 75 percent was approved on November 27, 2000. However, it was not codified as part of the city code. Many of the properties listed in 1995 have been or are being developed and, therefore, are being removed from the list. Staff is recommending that all the properties within the 2000 Metropolitan Urban Service Area (MUSA) be removed from the list. Staff submitted the recommendation to the Rural Service task force from 1995 for their opinion on these changes. The Rural Service Task Force recommends that those properties within MUSA that are still primarily farmed be retained under the rural service designation. Below is the list as proposed by the Task Force members: XT ..... ~,~- !q ~ aa< January 1, 2003, Rural Service District PED Number Owner 25.0020200 O~ NNOI~NN ~ ,~ludluu 2~.0220100 2~.0220700 2~.0220800 25.022~300 25.0221400 2~.0230200 2~.0230300 2~.0230400 2~.0230~00 25.0230700 25.0231600 ~.0232200 25.0232300 2~.0242400 2~.0242410 2~.0242600 25.0242900 2~.02~3900 Irene L. Pahl Harold Noterman n=~,~r,~ r~ .... } ..... , ,,~ x~r Inc. Notes Westwood Community Church principal use is residential Arboretum Village Arboretum Village Arboretum Village MUSA z l. ll~.t, ll.., ¥¥ Charles W. Mattson Charles W. Mattson Dean & Lois Degler ................... Marsh Glen Arboretum Business Park Minnesota Landscape Arboretum MUSA MUSA Chaska Aurora Investment Co. LLC Gayle & Lois Degler r'~,~l .... D U,-.~oo~. Stat f Mi .................. e o nnesota Frank Fox Fox Properties, LP Dorsey & Dorsey Jeffrey A. & Terri L. Fox James A. Curry MUSA James A. Curry MUSA William J. & Vicky L. Goers ~SA Bruce Jeuhssen ............ s ....... State of Minnesota ~SA James A. Cu~y MUSA Klinglehutz Development Co. MUSA Lawrence C. & Elizabeth Klein David R. Teich 25.0260600 25.0262000 25.0262100 25.0340400 25.0350100 25.0350110 25.0350500 25.0361800 25.0361900 25.1550020 Gilbert P. & Margaret C. Laurent L-owett--V¢. Severin H. Peterson C~.~o v vT r~,.4~ D xxr~.~.~ John Klinglehutz H~y ~ ;.~- .... Fenway LP Emerald Ventures, LLC C~h ..... e~o ~ Emerald Ventures, LLC Harold F. Hesse Daffil] Peterson, et al Da~ll Peterson, et al Timothy A. & Dawne M. Erh~ Driving Range Chapter 2, ARTICLE IV. Board and Commissions Division 2. Hc, uging ~"~ D~'~ .... ~ .....* Economic Development Authority *Reorganization Sec. 2-56 The city housing ~"~ ~ .... ~ ..... ~ economic development authority is authorized to t. Llll~J. 1~,~~'~.~ Y exercise on behalf of the city all of the powers conferred by Minnesota Statures section 462C.01 to 462C.08, including without limitation, the power to adopt a housing plan and program and to issue and sell mortgage revenue bonds for single family housing. *Reorganization. The HRA became the EDA. Chapter 3. Alarm Systems *No changes. Chapter 4 *Reserved Chapter 5, Animals and Fowl *Note: all of sec. 5-16, Definitions, shall be relocated to Chapter 1, Definitions) Sec. 5-16 definitions 10 Private kennel means any place where more than two (2) dogs or a combination of four dogs or cats over six (6) months of age are kept or harbored, provided such animals are owned by the owner of lessee of the premises on which they are kept. *Note changed in zoning ordinance. Staff is proposing that all definitions be consolidated in Chapter 1. Sec. 5-18, Kennel License (b) Kennel licenses shall expire on December 31 ~,~ ^ ...... v ..... next following their issuance. Upon application for renewal of a kennel license, an author/zed city employee shall inspect the kennel of the applicant. The employee shall submit to the city clerk either an affirmative certification that the kennel is maintained in a neat, orderly, and safe condition, or a negative certification that said kennel is not so maintained. The city clerk may issue a ~ kennel license provided that: The certificateion is affirmative; and No complaints have been received by the city. In all other cases, the kennel license shall be ~ issued only upon city council approval. *These changes are being recommended to clarify licensing requirements, based on recommendation of individuals issuing licenses. Sec. 5-53. Fee. (a) The annual fee for a dog or cat license shall be established by resolution. It shall be the duty of each owner of a dog or cat to pay the license fee each year to the city in the month the rabies vaccination was oiven on or before the c~, ~ .... c ~,, ~ .... ~ .... or upon acquiring " ownersmp or possession of any unlicensed animal ox u on est : ' 'p abhsh~ng residence in the city. The ~;*,, ~ ~,;~ ~r ,~ ....... ~,,, ~r . ~,,~ ~; ....... Owners of dogs or cats that are not licensed in accordance with this division shall pay a late fee in the amount established by resolution except if the animal has been impounded and not licensed, in which case section 5-54 shall govern. *These changes are being recommended to clarify licensing requirements, based on recommendation of individuals issuing licenses. Sec. 5-54. Term. 11 Dog or cat licenses shall expire annually,~,,~'" ~ ^.v.,,'''4~ ovda ..~.~t,,,~,, following their issuance on the anniversary date the rabies vaccination was given. *These changes are being recommended to clarify licensing requirements, baSed on recommendation of individuals issuing licenses. Sec. 5-55. Receipts and tags. (a) Upon payment of the license fee, the owner of a licensed dog or cat shall be furnished ~-~--* *~-~-~*~- ..... :*~' a suitable tag. The owner shall cause the tag to be affixed by a permanent fastening to the collar of the dog or cat so licensed in a manner that the tag may easily be seen by the officers of the city. The owner shall see that the tag is constantly worn by the dog or cat. *These changes are being recommended to clarify licensing requirements, based on recommendation of individuals issuing licenses. Chapter 6. Boats and Waterways Sec. 6-1. Definitions. Ail definitions shall be consolidated in Chapter 1. Lake means any body of water lying wholly within the city and all parts, bays and channels thereof. Lakes shall not include streams or rivers or other man-made water bodies such as storm water ponds. *Recommended by staff to clarify the definition. Sec. 6-22. Nonconforming docks. ...... j ............ ~ ,~ must conform to dock setback requirements .... *MCC recommendation. If docks were to be brought into compliance with the ordinance by 6/1/93, then all docks should cu~ently confo~. Sec. 6-26. Docks Add: (g) Access across wetlands shall be subject to the standards set forth in section 20-405. 12 *Staff recommendation to clarify wetland standards must be met. Sec. 6-27. Mooring, docking, etc., of watercraft. No watercraft shall be moored or docked overnight on the water of any lake unless it is currently registered pursuant to Minnesota chapter 351 86B either in the name of the owner of the lakeshore site in from of which the watercraft is moored or docked, or in the name of a blood relative of the owner. *MCC recommendation. Sec. 6-46. State law incorporated. The provisions of Minnesota Statutes chapter 351 86B and the rules and regulations of the state department of natural resources promulgated thereunder are hereby incorporated herein and made a part of this chapter. *MCC recommendation. Sec. 6-48. Operation near shoreline. Operation of motorized watercraft within one hundred (100) feet of any shoreline shall be limited to emerging straight out from and straight towards the shoreline, or slow- no wake operation. Operation of personal watercraft within one hundred fifty (150) feet of any shoreline shall be limited to emerging straight out from and straight towards the shoreline, or slow-no wake operation. *Implements state law. Sec. 6-49. Slow-No wake areas. No person shall operate a watercraft in any marked slow--no wake areas in excess of slow--no wake speed. Slow--no wake areas shall be marked in accordance with the applicable regulations of the state department of natural resources. The location and boundaries of each slow--no wake area established are shown on that certain map entitled Water Smface Use Zoning Map of Chanhassen dated July 11, 1983, on file in the city hall. The map and all notations, references and data thereon are hereby incorporated by reference into this article and shall have the same force and effect as if fully set forth and described herein. 13 Emergency Slow-No wake areas may be established by resolution of the City Council and shall be marked in accordance with the appropriate regulations of the state department of natural resources and posted at all public accesses. *Staff recommendation to codify the ability of the city council to create emergency slow - no wake requirements. Sec. 6-50. Speed. No person shall operate a watercraft at a speed which exceeds the following limitations: (1) All areas in lakes i-n marked "slow-no wake" areas, slow - no wake; *Adding a colon to clarify that a list follows and the change is subsection (1) is so that the sentence makes sense. The rest of the section shall remain as is. Sec. 6-55. Personal floatation devices. No person shall be towed, or shall operate a watercraft towing a perSon on any such device unless the person being towed is wearing a TJ.S. United States Coast Guard approved type I, II, III or V personal floatation device. *MCC recommendation. Slow ~T~ I~/U, ........ 1,.,~-.-, NAA C~ c ..... 882 2 T u ;~ ~,, 865.5 Within Lucy 956 4 T 14 Chapter 7. Building and Building Regulations The city is waiting on the State of Minnesota to complete their revision to the Minnesota State Building Code which the city must administer. Our intention would be to eliminate everything is this chapter that is covered under the state code. Additionally, items from chapter 20, division 5, relating to building permits would be consolidated in this chapter. Division 5. Building Permits, Certificates of Occupancy, etc. Sec. 20-91. Building permits. (a) No person shall erect, construct, alter, enlarge, repair, move or remove, any building or structure or part thereof without first securing a building permit. (b) An application for a building permit shall be made to the city on a form furnished by the city. All building permit applications shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of any existing structures and the building to be erected, off-street parking and loading facilities and such other information as may be deemed necessary by the city to determine compliance with this chapter and other land use ordinances. No building permit shall be issued for activity in conflict with the provisions of this chapter. The city shall issue a building permit only after determining that the application and plans comply with the provisions of this chapter, the uniform building code as adopted and amended by the city and other applicable laws and ordinances. (c) If the work described in any building permit is not begun within ninety (90) days or substantially completed within one (1) year following the date of the issuance thereof, said permit may become void at the discretion of the zoning administrator upon submission of documented evidence. Written notice thereof shall be transmitted by the city to permit holder, stating that activity authorized by the expired permit shall cease unless and until a new building permit has been obtained. Sec. 20-92. Certificates of occupancy. (a) In accordance with the Uniform Building Code as adopted and amended by the city, a certificate of occupancy shall be obtained before: (1) Any nonagricultural building, except an accessory building, hereafter erected or structurally altered is occupied or used; and (2) The use of any existing nonagricultural building, except an accessory building, is changed. 15 (b) Application for a certificate of occupancy shall be made to the city as part of the application for a building permit. A certificate of occupancy shall be issued by the city following completion of the building permit activity and a determination that the building and its proposed use complies with this chapter and the provisions of any permit issued pursuant hereto. To the extent practicable a certificate shall be issued within ten (10) days after the completion of a building permit activity. The city may issue a temporary certificate of occupancy for a period not to exceed six (6) months when work pursuant to a building permit is in progress. A certificate of occupancy shall constitute a building code certificate as required by Minnesota Statutes section 16.851. (c) If the lot on which a certificate of occupancy for a single-family dwelling is requested is subject to landscaping requirements set forth in the development contract with the city, a certificate of occupancy shall not be issued unless the landscaping has been completed or unless a seven hundred fifty dollar ($750.00) fee, or such other amount as determined by the city's planning director, cash escrow or letter of credit is furnished the city guaranteeing completion within sixty (60) days, weather permitting. Sec. 20-93. Fees. Fees and charges for processing applications for building permits and certificates of occupancy shall be established by resolution of the council. Sec. 20-94. Grading and erosion control. (a) A satisfactory erosion control and grading plan consistent with the City's Best Management Practices Handbook must be approved by the city engineer before a building permit is issued for construction, if the construction will result in disturbing the soil. To guarantee compliance with'the plan a five hundred dOllar ($500.00) cash escrow or letter of credit, satisfactory to the city, shall be furnished to the city before a building permit is issued. The escrow amount may be greater than five hundred dollars ($500.00) if, after review of the site, the city deems it necessary to require a greater amount to guarantee compliance. The maximum escrow allowable per parcel is five thousand dollars ($5,000.00) per acre. The city may use the escrow or draw upon the letter of credit to reimburse the city for any labor or material costs it incurs in securing compliance with the plan or in implementing the plan. If the city draws on the escrowed funds, no additional building permits shall be issued until the pre-draw escrow balance has been restored. The city shall endeavor to give notice to the owner or developer before proceeding, but such notice shall not be required in an emergency as determined by the city. (b) The grading and erosion control plan must be consistent with the approved grading plan for the plat in which the property is located, if any. Areas where the 16 finished slope will be steeper than five (5) units horizontal to one (1) vertical shall be specifically noted. Also, location of erosion control devices shall be clearly labeled. (c) Every effort shall be made to minimize disturbance of existing ground cover. No grading or filling shall be permitted within forty (40) feet of the ordinary high water mark of a water body unless specifically approved by the city. All disturbed areas shall be replaced with a minimum of four (4) inches of topsoil or black dirt. To minimize the erosion potential of exposed areas, restoration of ground cover shall be provided within five (5) days after completion of the grading operation. (d) Every effort shall be made during the building permit application process to determine the full extent of erosion control required. However, the city engineer may require additional controls to correct specific site related problems as normal inspections are performed. (e) All erosion control noted on the approved plan shall be installed prior to the initiation of any site grading. Noncompliance with the grading and erosion control plan shall constitute grounds for an order from the city engineer to halt all construction. (f) All construction activity that results in disturbance of the ground shall comply with the City's Construction-site Erosions and Sediment Control Best Management Practices Handbook, as amended. Sec. 7-16. Standards adopted by reference. (a) It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any provisiOn of this section. (b) The Minnesota State Building Code, in its current edition, is adopted by reference as if set out in full. (c) Certain appendices, standards, and supplemental mater/als referenced in the Minnesota State Building Code are adopted by reference as part of the building code of the city: (1) [Reserved.] (2) Minnesota Rules section 1306.0100, including item 8 in o~,v,~,L subp. 3. *MCC recommendation. 17 Sec. 7-45 (2) Unless otherwise allowed by the City Council construction activities, earth work, and all related activities dali be _~c~-~ ~,,~ .... ~,, ,.~,.,,~, ~0,~,~ p~ ~,,~ ~,'~ may only tak~ pla~ b~tw~n th~ ho~rs of ?:00 a.m. and ~ ~:00 p.m. rida and 9-00 a m. and 5:00 p.m. Saturday. Such activity is also Monda through F y · · , . m -.-.~ .....-~ ~- .... ;-~ holidays' New Ye~ s Day, Memorial Day, July 4 , Labor promolte~ on mc ~unu~ a · Day, Christmas Eve Day, and Christmas Day. No work shall be per~tted on Sunday except with permission of the City Council. Homeowners doing work on their own property that does not require a building petit may work between the hours of 8:00 a.m. and 7:00 p.m. on Sunday and the holidays previously listed. * This section lists work hours that are in conflict with the approved work hours listed in the city's development contracts. The city may want to delete the reference to Christmas Eve Day since it is not recognized as a national holiday. Instead, we may want to include Thanksgiving. Chapter 7.5. Cable Communications Sec. 7.5-29. Rate regulation. The city reserves the right to regulate rates for basic cable service and any other services offered over the cable system, to the extent not prohibited by applicable laws. The grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 47 CFR, Part 76, ~"*'"~"~ subp. N, as the same may be amended from time to time. The city shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 CFR, Part 76, ~ subp. N, as the same may be amended from time to time. *MCC recommendation. Sec. 7.5-61. Background and purpose. (a) On the llth day of July, 1994, the City of Chanhassen, Minnesota ("City") passed and adopted Ordinance No. 213 granting to Triax Cablevision ("grantee") the nonexclusive right to construct, own, and operate a cable television system in the city. (b) The Cable Television Consumer Protection and Competition Act of 1992 ("1992 Cable Act") was enacted on October 5, 1992, and became effective on December 4, 1992. The 1992 Cable Act amends the Cable Communications Policy Act of 1984 and, in particular, Section 623 (47 U.S.C. 543) governing the regulation of rates charged by cable television operators. 18 (c) On April 1, 1993, the Federal Communications Commission ("FCC") adopted rate regulations pursuant to the 1992 Cable Act. These FCC rate, regulations were released May 3, 1993, and became effective September 1, 1993. In addition, on February 22, 1994, the FCC adopted additional rate regulations pursuant to the 1992 Cable Act. These additional rate regulations were released March 30, 1994, and became effective May 15, 1994. (d) Pursuant to 47 C.f.R. Part 76, 8-u~ subp. N, Section 76.910, on the llth day of May, 1994, the City submitted FCC Form 328, Certification for Local Franchising Authorities, to the FCC via registered mail, return receipt requested. Pursuant to Section 76.910, the date on the return receipt, May 17, 1994 is to be considered the date filed. A copy of FCC Form 328 was also served on grantee on May 11 1994, the same day it was filed with the FCC. ' (e) Pursuant to Section 76.910, the city's certification becomes effective thirty (30) days after the date filed. (f) In adopting this division, the city reviewed applicable FCC regulations governing the basic service tier and provided a reasonable opportunity for consideration of the views of interested parties. (g) This division will govern the procedures to be undertaken by the city for the regulation of grantee's cable television rates pursuant to the 1992 Cable Act and the regulations of the FCC. *MCC recommendation. Sec. 7.5-63.. Procedures for implementing regulation of basic cable service. (a) The city hereby adopts and shall follow the rules relating to cable rate regulation promulgated by the FCC at 47 C.F.R., Part 76, &a~ subp. N. (b) Upon adoption of this division, a city representative will send to grantee and each operator of a cable television system in the city, via certified mail, return receipt requested, a written notice, which shall include a copy of the ordinance from which this division is derived and the completed FCC Form 328. (c) Within thirty (30) days after receipt of the notice referenced in subsection (b), the grantee and any other cable television operator shall have thirty (30) days to respond with rate and benchmark information utilizing applicable FCC forms. (1) If the initial rates and/or any subsequent rate increases are within the FCC standards, as determined by the city, the rates will be effective thirty (30) days after submission. 19 (2) If the city is unable to determine whether the proposed rates are within the FCC's standards, based on the material before it, or if the grantee or any other cable operator has submitted a cost-of-service showing seeking to justify a rate above the FCC's reasonable rate level, the city may take an additional period of time to make a final determination and toll the effective date of the proposed rates for a commensurate period. a. The city may take an additional ninety (90) days if it needs more time to ensure that a rate is within the FCC's rate standards. b. The city may take an additional one hundred fifty (150) days to evaluate a cost-of- service showing seeking to justify a rate above the reasonable rate level. c. The city may issue a brief written decision regarding its invocation of the additional time period. (3) If no action is taken within the above referenced time periods, the proposed rates will go into effect, subject to subsequent refund orders if the city later issues a decision disapproving any portion of the proposed rates. (4) In all cases, the city will issue a written decision to approve the rate schedule, disapprove the rate schedule or continue for review. (5) If rates are in excess of the FCC's standards, the rates may be reduced by the city pursuant to applicable FCC regulations. (d) After the initial rate schedule procedures are followed, as described in this section, the grantee and/or any other cable operator shall, in conjunction with each change in the rates and charges applicable to basic cable service, conform to the standards of the FCC. Before any rate change is effective, the grantee and/or any other cable operator shall notify the city of its requested rate change by giving the city thirty (30) days' advance written notice before the change is effective and by providing the city with its rates and applicable information pursuant to FCC regulations. (e) To the extent specifically permitted by federal law and applicable FCC rules, the grantee and/or any other cable operator shall be permitted to appeal to the FCC for a review of the decision of the city. *MCC recommendation. Chapter 8. Cemeteries Sec. 8-19. Maintenance and .... *" ~ ....funds. All income received by the city for grave or lot purchase price and monies fram the ~ ...... r-, ~,,~, ..... r,=~,=, .... ^ .... :~*:~'" shall be receipted to the h=~ ...... +~ 20 General Fund '-~'"-'"*'~ ~'-a ~-=~'* k,, ~,~ ity ry ~ ............................. ~ ...................... ~ for the pu~ose of deffa;.ng the cost of caring for, maintaining and improving the cemetery lots; expansion; or other cemetery pu¢oses as dete~ned by the city council *The revenue derived from the sale of graves and lots does not cover the entire cost of maintenance of the cemetery. The city maintains the cemetery through the Parks and Recreation park maintenance program which is paid through the general fund. Sec. 8-23. Installation of monuments or markers. Persons engaging in placing monuments and markers shall provide adequate planking to protect turf and shall remove materials, equipment and refuse immediately upon completion of work. The lot owner, his heirs, successors or assigns are responsible for any failure to abide by this section and shall pay for any and all charges or damages resulting. The lot owner, his heirs, successors or assigns are also responsible for any and all damage resulting from injury or damage to the cemetery or other lots during the excavation of the grave site or recovering thereof. Contractors and others engaged in such work must notify the city before beginning the same. All work in the cemetery, of whatever kind, must be carried on subject to the direction and control of the city. No monument or marker shall be placed in the cemetery until a written authorization ~ has been issued by the city. *City staff does not usually issue a written authorization to install monuments of markers. Sec. 8-24. Vaults and mausoleums. Above ground vaults and mausoleums are not permitted in the .... *Due to maintenance issues, above ground vaults and mausoleums are not permitted in the cemetery. However, vaults are required to be placed in the ground to hold the casket. Chapter 9. Fire Prevention and Protection 21 * Recommended by the fire marshal. This item is addressed in the fire code. ARTICLE II. VOLL~,?EER FIRE DEPARTMENT Sec. 9-19. Establishment of board of fire officers. A board of fire officers shall be established to help the fire chief carry out the fire department' s mission and at the request of the request of the fire chief, assist the fire chief in the formulation of selected policy matters. The board shall act as final board of review for selected issues relating to the fire department. Sec. 9-20. Fire chief. The fire chief of the city fire department shall have general supervision of the fire department. The fire chief shall be elected by the members of the fire department. This elected member shall be considered the fire department's nomination for the position of fire chief and shall be submitted to the city manager or city manager's designee as the fire department' s recommended candidate for the position of fire chief. The city manager of city manager's designee shall forward the firedeparment's recommendation to the city council for review and final appointment as fire chief. The fire department's election of fire chief is understood not to be effective until such time as the city council, by resolution, approves such election. The election of the fire chief shall be for a period of two (2) years. The fire chief shall serve as the head of the city fire department board of fire officers. It shall be the duty and responsibility of the fire chief to report personally to the city manager of the city manager's designee. Such meetings shall include but not be limited tO: Fire department status. Budget Review. Current membership levels, needs, and problems. Past quarter activity. The fire chief may be removed by the city manager for good and sufficient cause. Such dismissal must be submitted to the city council for review and final decision. The fire chief shall be required to serve as a member of the city's public safety commission. The fire chief, of the fire chief's designated representative in the event the fire chief is unable to attend, shall attend monthly meetings of that commission. *Recommendation of MCC. Sec. 9-24. F4~me4~ Firefighter's relief association. 22 The members of the fire department shall organize and incorporate a ~ firefighter's relief association in accordance with law. It shall be known as the "Chanhassen F/c--~qaen~ Firefighter's Relief Association." Sec. 9-25. Rescue squad. The city acknowledges the need and desire to establish and maintain the city fire department rescue squad and such rescue squad is established and confirmed. Sec. 9-26. Buildings and equipment. It shall be the responsibility of the city to provide adequate buildings, equipment, and supplies for the fire department to efficiently and effectively CalTy OUt its responsibilities in providing for fire protection services to the city and its citizens. The fire department shall maintain custody of said buildings, equipment and supplies. The board of fire officers shall be responsible to maintain inventory lists of buildings/equipment for which they have custody, such list reflecting the description, value, condition, and other information deemed necessary. The fire department shall notify the city of equipment needs and changes in state and federal laws making equipment obsolete or requiring upgrading. As All buildings and equipment, not specifically identified as being under the ownership of the fire department, are owned by the city. The fire department shall establish reasonable policy statements, approved by the city, guiding the usage of such buildings/equipment by the city or its residents, when such usage does not interfere with operating the fire department or produce an unreasonable risk for damage of same. *Recommendation of MCC. Sec. 9-41. Compliance Any person violating any provision of this article or of any other code or standards adopted in this article, or any order made pursuant thereto shall be guilty of a misdemeaner. '::Recommendation of MCC. Sec. 9-43. Technical standards-Adopted. The -tO98 1997 Minnesota Uniform Fire Code is adopted by reference. *MCC Recommendation. Sec 9-45 Definitions. Delete section. Definitions will be included in chapter 1. 23 Sec. 9-45 Mu ..... ~. .... ~ Jurisdiction means the city. *MCC recommendation. Sec. 9-47. Storage of flammable or combustible liquids. The limits referred to in section 79.501 7901 and 7902 of the Minnesota Uniform Fire Code in which flammable or combustible liquids are prohibited are hereby estalbishe as within the boundaries of the city. Sec. 9-48. Storage of liquefied petroleum gases. This limits referred to in seetio~ article 82 of the Uniform Fire Code, in which the storage of liquefied petroleum gas is restricted are hereby amended to read aggregate capacities of thirty thousand (30,000) gallons water capacity. (? Mark) Where a single container or the aggregate of interconnected containers is two hundred fifty (250) or more gallons water capacity, the installer shall obtain a permit from the ~, ........ c c~ ..... ~;~ fire de artment *MCC recommendation and staff. Sec. 9-49. Storage of explosives and blasting agents. The limits referred to in section 7z¢ 7701.7.2 of the Uniform Fire Code, in which the storage of explosives or blasting agents is prohibited are hereby established as within the boundaries of the city, except under special permit of the fire marshal. *MCC recommendation. Sec. 9-71. Restrictions and permitting. Minnesota Rules parts 7005.0700 to 7005.0820, relating to the open burning and issuance of permits for open burning, are hereby adopted by reference and made a part of the city Code as fully as if set forth herein. The city manager or city manager's designee, the fire chief, and the fire inspector of the ""~'~t~-,~,~ o~,~,-~c~" fire department are hereby designated as persons to accept applications and issue open burning permits, pursuant to part 7005.0760 of the rule. *Staff recommendation due to reorganization. 24 Chapter 10 Licenses, Permits and Miscellaneous Business Regulations Article II. Alcoholic Beverages Sec. 10-19. Types of licenses. (c) Wine licenses. Wine licenses may be issued, with the approval of the commissioner of public safety, only to restaurants having facilities for seating at least twenty-five (25) people at one time for the sale of wine not exceeding fourteen (14) percent alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. The holder of a wine license who is also licensed to sell 3.2 percent malt liquor on-sale and whose gross receipts are at least fifty (50) percent attributable to the sale of food, may also sell intoxicating malt liquors at on-sale without an additional license. (f) On-sale Sunday liquor lice~zse. On-sale Sunday liquor licenses may be issued only to a hotel or restaurant, with facilities for serving not less than fifty (50) guests at one time, to which an on-sale intoxicating license has been issued. Such license may permit the sale of liquor to be consumed on the premises between the hours of 10:00 a.m. Sunday and 1:00 a.m. on Monday in conjunction with the serving of food provided that the licensee is in conformance with the Minnesota Clean Indoor Air Act (M.S. ss 144.411 et seq.) and provided a public hearing is held prior to the issuance of the license. No Sunday license is need for on-sale wine licenses. Co~sumptio~ aJ~d display permits. Consumption and display permits may be issued to a bottle club which complies with the requirements of Minnesota Statures, Section 340A.414 and which has obtained a pmxnit from the commissioner of public safety. Consumption and display permits shall not be issued in the city, except to establishments that have been issued such license on or prior to the effective date of this e_,rdinancc Ordinance No. 299. *Recon~mendation of MCC. Sec. 10-23. Liability insurance. Except as provided in Minesota Statutes, Section 340A.409, subd. 4, all applicants for any liquor license or consumption and display permit must, as a condition to the issuance of the license, demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section -17, 340A.801, subd. 1, to the city, by providing proof of liability/dram shop, general liability, and workers' compensation insurance coverage. *Recommendation of MCC. 25 Sec. 10-39. Hearing notice Revocation or suspension of a license by the city council shall be preceded by a public hearing conducted in accordance with Minnesota Statutes Section 14.57 to ~ 14.69. The city council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. *Recommendation of MCC. Sec. 10-47. Restriction involving underage persons. (1) Identification required. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit to be examined one of the following forms of identification provided under Minnesota Statutes Section 340aA.503, subdivision 6. *Recommendation of MCC. Sec. 10-49. Prohibited conditions. (c) Gambling. Gambling and gambling devices are not permitted on licensed premises. State lottery tickets may be purchased or sold within licensed premises as authorized by the director of the state lottery. (Pulltabs?) Article IV. Peddlers, Solicitors and Transient Merchants Sec 10-141 Definitions will be consolidated in chapter 1. Peddler means any person, firm, corporation, or other business organization who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares, o~ merchandise, or services and offering or exposing the same for sale. Solicitor means any person, firm, corporation, or other business organization who goes from dwelling to dwelling, business to business, place to place, or from street to street, soliciting donations other than political campaigns, or taking or attempting to take orders for any goods, wares, or merchandise, including books, periodicals, magazines, or personal property of any nature whatever for future delivery. Transient merchant means any person, firm, corporation, or other business organization who engages temporarily in the business of selling and delivering goods, wares, o~ merchandise, or services within the city, and who, in furtherance of such purpose, hires, leases, uses, or occupies any vacant lot, parking lot, motor vehicle, or trailer. 26 * Should we need to amend the definition of peddler and transient merchant to include those who sell services? This will require licensing of all businesses that do no have a business office in the city, e.g., insurance agents, realtors, investment advisors, massage therapists, etc.? May individuals go door to door or within a business area distributing flyers for a business or service? Sec. 10-142. Registration required. It unlawful for any peddler, solicitor, or transient merchant to engage in any such activity within the city without first registering with thek,~"'l"l;~ .......... ~r~+"a ,~,wa~"~'~'~"* .......... city in compliance with the provisions of this article. Any transient merchant, peddler, or solicitorv registering in the city must show proof that such person is licensed for such occupation under the provisions of Minnesota Statute Chapter 329, as amended. Registration does not exempt compliance with other applicable local, state, and 'federal laws, including the zoning regulations. *There is no public safety department in the city. Sec. 10-143. Exemptions. The registration requirements of this article do not apply to: (a) persons selling products of the farm or garden, including Christmas trees and flowers at sites approved by the city manager or city manager's designee considering vehicular traveling speeds, turning movement, available parking, and other public safety considerations, (b) children, age eighietm seventeen or younger, soliciting for school sponsored activities, (c) residents selling personal property from their residence for no more than three (3) days per year (such as a "garage sale-," or (d) religious, charitable, or nonprofit organizations that meet *Recommendation of MCC. Sec. 10-144. Registration form. 27 Persons registering under this article shall file with the .,.,t,~o~,~.~,,~ o,---,,J°"c~*" ,~.~-~'~"~'"'""'--',-, city clerk/manager a written statement on a form to be furnished by the ~ city. The statement shall provide: (1) Name, date of birth, driver's license number identification, and written authorization for necessary background checks by the '"'~'~,,,,,,.,, ~ o,,~.,,j ~ ~c~,.. --,,~,,,*~"~'"~'"*,~**'--~ city of the person registering and each individual that will be carrying the activity of a peddler, solicitor, or transient merchant. While only one (1) representative for a group need apply on behalf of the organization, each individual that will be participating in the activity shall be required to submit their name, date of birth, driver's license information, and written authorization for the '-"~'~;" o~c~,,, a~..~,~.., city to conduct a background check. *Recommended due to reorganization. Sec. 10-147. Registration verification. Upon issuance of the permit, the ""~'~;°~,,-,,--~ o-,-~,jo~c~*" --,~t~"~'~'=*'* .......... city shall issue a registration statement upon the filing of the properly signed and completed form, which shall be carded by the person(s) engaged in such activity. *Recommended due to reorganization Sec. 10-148. Practices prohibited. (e) Peddlers, such as ice cream sales, that sell from a motor vehicle when the customer comes to the motor vehicle to make a purchase may not solicit sales on public or private streets, roads or highways,, or any other roadways, public or private abutting a school or park. *Typographical error. Sec. 10-149.2. Revocation or denial of registration. A registration shall be denied or revoked by the,,~,,,.,,~~;"~"~"" ,of ""~'~;"~,~.~,,,,, o~,,,jo ~-' city clerk/manager, preceded by written notion and an opportunity to be heard, if any of the conduct listed in subsection (a) of this section shall occur. *Recommended due to reorganization. Article V. Gambling Sec. 10-151. Authorized organizations. 28 An organization shall not be eligible to conduct lawful gambling in the city unless it meets the qualification in Minnesota Statutes Section 349.16, subdivision 2, and also *Recommendation of MCC. Article VI. Sexually Oriented Businesses *(Attorney's office to revise) Sec. 10-161. Definitions. Reside~tial district means that area of the city zoned as RR, RSF, R-4, R-8, R-12, er--R- i 6, or PUD-R by the City Code. *Recommend by staff due to large numbers of residential Planned Unit Developments. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult massage parlor, adult motel, adult motion picture theater, adult store, adult theater, escort agency, nude model studio, or sexual encounter center. **Recommendation of MCC. Sec. 10-162. Classification. *Delete in entirety due to redundancy. 29 Sec. 10-164. Issuance of License. The city manager shall approve the issuance of a license by ,~,~,,,,~ ~--J~;*" ~,,"' ~t~ to an applicant within thirty (30) days after receipt of an application unless the manager finds one (1) or more of the following to be true: *The city manager is the city clerk. Is (a) (5) * enforceable? Guilt by association or presumed circumvention of ordinance. (p. 573) (8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated that he-or-she the person is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers. (a) (10) *enforceable. Guilt by association or circumvention of ordinance. (p. 573) (10) a. 3. Receiving profit derived from .... (c) An applicant who has been convicted or whose spouse has been convicted of an offense ... (Is this enforceable? Guilt by association or circumvention of ordinance.) (p. 573) *Recommendation of MCC. Sec. 10-179. Enforcement. Any person violating a provision of this article, upon conviction, is punishable by a fine not to exceed seven ,....a~=a a^,,~o/c-mn nm ($1 . ............... ~,~ ......~ one thousand dollars ,000 00) and ninety (90) days in jail. *Recommendation of MCC. Chapter 11 Miscellaneous Provisions and Offenses Sec. 11-1. Curfew for Minors 30 It is unlawful for any minor of the ages sixteen (16) and seventeen (17) years to loiter on or about any public street, alley, park or other public or quasi-public place in the city between the hours of 12:00 a.m. and 5:00 a.m. ................ ~'r*~'= ~'~ .... ;"~, day. (g) This section shall not be construed as permitting the presence at any time of any person under eighteen (18) years in any place where this presence is ne';,' prohibited by law or ordinance. Sec. 11-4. Public possession or consumption of alcoholic beverages. (c) It shall be unlawful for any person to drink intoxicating liquor or .................. a 3.2 percent malt liquor on any public property or semi-public property. Chapter 12. Motor Vehicles and Traffic Sec. 12-7. Truck Routes All of section (a) shall be deleted. Definitions shall be consolidated in chapter 1. Subsections (b) through (f) shall be re-lettered. Section 12-7.. Truck Routes (b) The provisions of this section shall not apply to: (1) School buses when engaged in the act of transporting pupils to or from school; (2) Emergency vehicles; (3) Trucks belonging to the city; (4) Trucks belonging to utility companies when actually engaged in the construction or repair of utility company facilities; (5) Trucks delivering retail merchandise to homes on regular routes; (6) Trucks employed in the removal of rubbish, trash or garbage, or in the pumping of private sewage disposal systems; 31 (7) Trucks securing a special permit to travel upon ~fi4tage city streets from the city as provided hereafter. Sec. 12-7. Truck routes shall consist of the following streets: (1) All designated U.S. highways; (2) All designated state highways; (3) All designated county highways. (4) Municipal State Aid Roadways (d) Staff recommendation for (d) (4), which are required to be open for truck traffic. There are no "village" streets after the city incorporated (b) (7). Sec. 12-9 (a) The council may by resolution, whenever necessary to preserve a free flow of traffic or to prevent accidents, designate any intersection as one where the turning of vehicles to the left or to the right, or both, is to restricted at all times or during specific hours. The city shall mark, by appropriate signs, any intersection so designated. No intersection or state 1.,; trunk highway shall be so designated until the consent of the commissioner of ,,,~, ..... j ~ transportation to such designation is obtained. No person shall turn any vehicle at any such intersection contrary to the direction on such sign. *Clarify that there are "state" trunk highways. There is no commissioner of highways.- Sec. 12-10 The council may by resolution designate any street of portion of a street as a through highway Or a one-way road where necessary to preserve the free flow of traffic or to prevent accidents. The city shall post appropriate signs at the entrance to such street. No state trunk highway shall be so designated unless the consent of the commissioner of ~'; ~'~ ....... transportation to such designation is first secured. * Clarify that there are "state" trunk highways. There is no commissioner of highways. Section 12-11 The city may prohibit the operation of vehicles under any street under his its jurisdiction or impose weight restrictions on vehicles to be operated on such street whenever the street, by reason of deterioration, rain, snow, or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles on the street is prohibited or the permissible weights thereof reduced. The city shall erect an maintain signs plainly indicating the prohibition or restricts at each end of the portion of the street 32 affected. No person shall operate a vehicle on a posted street in violation of the prohibition of restriction. *MCC recommendation. Section 12-12 To assist in the direction and control of traffic, to improve safe driving conditions at any intersection or dangerous location, and to warn pedestrians or drivers of motor vehicles of dangerous conditions or hazards, the city may establish safety zones, or lanes of traffic, an stop intersections, and may install stop signs, yield signs, warning signs, signals, pavement markings, or other similar devices. No regulation may be established on a state trunk highway unless the consent of the commissioner of ~-;~-~, .... ,,o is first secured. ",s ..... .~o transportation * Clarify that there are "state" trunk highways. There is no commissioner of highways. Sec. 12-16 On street parking is prohibited between November 1 and April 1 between the hours of 1:00 a.m. and 7:00 a.m. On-street parking is also prohibited when thereis two (2) inches or more snow on a street until the street has been plowed curb to curb. Representatives of the Carver County Sheriff's Department, Minnesota State Patrol and Chanhassen ...... c~,-~,,, , ..... .~ ,--v ....... ,,~ Community Service Officer shall have the authority to impound vehicles in violation of this section. *There is no public safety department. Sec. 12-17 Delete all of section (a) definitions. Definitions shall be consolidated in chapter 1. Reletter (b) - (e) Sec. 12-31, Definitions. The definitions in Minnesota Statutes section 84-81 apply to this article, m~,= ~,~ .... ;,,~ Delete all definitions, which will be consolidated in chapter 1. Sec. 12-32 33 All city traffic ordinances shall apply to the operation of snowmobiles upon streets and highways., Minnesota Statutes sections 84.81 to 84.88 ana~ Minnesota ........... v ...... , except those provisions relating to required equipment, are adopted by reference as set out at length in this article. *MCC recommendation. Sec. 12-33 (7) (7) In a manner so as to create a loud, ~ or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. (vague wording) *MCC recommendation. Sec. 12-38 No person shall conduct a snowmobile organized race at any place within the city without first having secured a permit thereof from the council. Written application shall be made to the council. The applicant shall give the information required on the form. A permit may be issued upon such terms, conditions and permit fees as the council may prescribe. Upon the granting of such permit, the provisions of section 12--3-5 33, paragraph (7) may be waived by the council for the duration of the race. *Sec. 12-33 deals with operation of snowmobiles. Sec. 12-35 deals with leaving a snowmobile unattended. Sec. 12-50 (a) Required. On a space available basis, the,~,,,~,~,~n~-*~'~ ,,~'c v~,~,*,~''''~';' o,,~--~Jo~c~*~' city manager shall issue permits authorizing overnight parking in municipal parking lots. The pe ~rmit shall specify the date and lot for which the overnight parking is permitted. The permit fee shall be established by resolution of city council. No individual shall be given a permit authorizing overnight parking for more than seven (7) days in a calendar year. *Reorganization. Sec. 12-51 (a) (a) Towing order required. Motor vehicles parked in violation of section 12-50 may be towed. Before the motor vehicle is towed, a representatives of the Carver County Sheriff's Department, Minnesota State Patrol, or Community Service ...... c~; ........~; ....c .......· ,.m,.~,. must prepare, in addition to the Officer t, .............t~ ..... ~, ...................... parking citation, a written towing report describing the motor vehicle and the reasons for towing. The report must be signed by the officer and the tow driver. *Staff recommendation based on who enforces parking ordinances. 34 Chapter 13. Nuisances Adding a new Article VI. to read: ARTICLE VI. NOISE *Note: Definitions are to be consolidated in chapter 1. Sec. 13-50. DEFINITIONS. a. General. Words and phrases defined in this section have, when used in this Article, the meanings given in Chapter 1 of the City Code. Any other word or phrase used in this Article, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations. Air Circulation Device. Means a mechanism designed and used for the controlled flow of air used in ventilation, cooling, heating, or conditioning, but not limited to, central and window air conditioning units. LIO. Means the sound level, expressed in decibels (dBA) which is exceeded 10 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S 1.4, of the American National Standards Institute and using test procedures approved by the police department. LS.__~.O. Means the sound level, expressed in decibels (dBA) which is exceeded 50 percent of the time for a one-hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using test procedures approved by the police department. Person. Means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. *Note there already exists definitions of "person". This will be compare to those. Outdoor Recreational Uses. Means only the following: public/private golf courses, and operation of driving ranges incidental to the golf course use; ice skating rinks on public property; and ski trail 35 grooming on public property.*Note, what is the intent of this defintition. These activities seem too limited. What about snowmobiling, skiing, motor cross, operating miniature gasoline powered boats, planes or cars, skateboarding and roller skating, etc.? Sound Source Control Plan. A plan that identifies any potential noise source which may occur in connection with a request for zoning approval, including specific actions that will successfully mitigate the potential undesirable effects of the noise source. Sec. 13-51. NOISES PROHIBITED. a. General Prohibition. No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restrictions of the following subdivisions. *Note, we deleted the term "annoys" previously because it was too vague. be Motor Vehicles. Minnesota Statutes sections 169.69 and 169.693 (motor vehicle noise limits) and Minnesota Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are herby adopted by reference. No person shall operate a motor vehicle in the City in violation of the motor vehicle noise limits herein adopted. *Addition to cover loud music and exhaust Co Horns~ Audible Signaling Devices~ Etc. No person shall sound any signaling device on any vehicle except as a warning of danger, as required by Minn. Stat. {}169.68. do Exhaust. It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations. . 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 abnormal or excessive noise from the engine, except in an emergency. . Vehicle Noise Signage. Signs stating "VEHICLE NOISE LAWS ENFORCED" may be installed at locations deemed 36 appropriate by the City Council to advise motorists of the prohibitions contained in this Section, except that no sign stating "VEHICLE NOISE LAWS ENFORCED" shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this Section are in full force and effect even if no signs are installed. Defective Vehicles or Loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. Loading~ Unloading~ Unoackine. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. g. Rad. ios~ Tape Player~ Compact Disc Player~ Paging System~ Etc. 1, General Prohibition. No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, tape player, compact disc player, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, comfort, safety or welfare of any persons or precludes their enjoyment of property or affects their property value. *Note, the city may issue a loudspeaker permit. . Nighttime Prohibition. Operation of any such set, instrument, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of $0 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. h. Participation in Noisy Parties or Gatherings. No person shall participate in any party or other gathering of people giving rise to noise, unreasonably disturbing the peace, quiet, or repose of another person. When a police officer determines that a gathering is creating such a noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped. 37 Loudspeakers~ Amplifiers for Advertising, Etc. No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle, without a written permit from the City. Application shall be made on forms provided by the City. The application shall require the hours and location of the proposed use. If the proposed use complies with this Article and other ordinances, the permit shall be granted. Permit fees shall be established by resolution of the City Council. Animals. No person shall keep any animal that unreasonably disturbs the comfort or repose of any person by its frequent or continued noise. For purposes of this subdivision, "disturbs the comfort or repose of any person by its frequent or continued noise" means any one of the following: 1. The animal noise occurs at a time between 10:00 p.m. and 7:00 a.m. and can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three (3) minute period; or 2. The animal noise can be heard five hundred (500) feet from the location of the building and premises where the animal is being kept, and the animal has made such noises intermittently for more than three (3) minutes with one minute or less lapse of time between each animal noise during the three (3) minute period; or 3. The animal noise can be heard from a location outside the building and premises where the animal is being kept, and the animal has made such noises intermittently for a period of at least five (5) minutes with one minute or less lapse of time between each animal noise during the five (5) minute period. * These additions where made to help deal with animals that are a constant nuisance but did not exceed the current guidelines. Will these definitions impact farm operations? ko Schools~ Churches~ Hospitals~ Etc. No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, hospital or home for the elderly when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. *Note, "annoys" may be vague. 38 Sec. 13-52. HOURLY RESTRICTION ON CERTAIN OPERATIONS. a. Recreational Vehicles and Snowmobiles. No person shall, between the hours of 10:00 p.m. and 7:00 a.m., drive or operate any snowmobile or other recreational vehicle not licensed for travel on public highways. be Domestic Power Equipment. No person shall operate a power lawn mower, power hedge clipper, chain saw, mulcher, garden tiller, edger, leaf blower/vacuum, drill or other similar domestic power maintenance equipment except between the hours of 7:00 a.m. and 9:00 p.m. *See chapter 7. C. Refuse Hauling and Recycling Collection. No person shall collect or remove garbage or refuse or collect designated recyclables in any residential district except between the hours of 7:00 a.m. and 10:00 p.m. *Note, this is addressed in chapter 16. d. Construction~ Maintenance and Repair Activities. No person shall engage in or permit construction, maintenance and repair activities involving the use of any kind of electric, diesel or gas-powered motor vehicle or machine or other power equipment except between the hours of 7:00 a.m. and 9:00 p.m. *See chapter 7. Co Exceptions. The following uses and activities are exempt from this Section as specified below: 1. Snow removal motor vehicles, equipment and operations are exempt from § 13-52(b) and §13-52(d). 2. Excavation/grading operations are exempt from § 13-52(d), but must comply with § 7-45. . Outdoor recreational uses are exempt from § 13-52(b) and § 13-52(d). Sec. 13-53. RECEIVING LAND USE STANDARDS. Maximum Noise Levels by Receiving Land Use Districts. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table I for the receiving land use category specified when measured at a point of normal human activity of the receiving land use. TABLE I. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS 39 Land Use Districts Day Night 7:00 a.m. - 10:00 p.m. 10:00 p.m. - 7:00 a.m. L10 L50 L10 L50 Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 be Exemptions. The levels prescribed in Paragraph (a) do not apply to noise originating on public streets and alleys but such noise shall be subject to other applicable sections of this Article. *Staff is concerned that by having these standards we will be required to purchase additional equipment and go through training or hire and individual to administer these standards. Currently, no one on city staff has this background. Sec. 13-54. AIR CIRCULATION DEVICES. No person shall permanently install or place any air circulation device, except a window air conditioning unit, in any outdoor location until the Community Development Department determines that the device in that location will comply with the noise level standards prescribed in Section 13-53 and issues a permit for the installation. The noise produced by any window unit and by any existing air circulation device shall be attenuated by means deemed appropriate by the t- ...... ~+.. n~.~, ..... , r~ .... *'~-"-'* City, including, but not limited to, relocation of such device, if the noise results in or contributes to a violation of Section 13-53. Sec. 13-55. EXEMPTION FOR EMERGENCY WORK. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this Article for a period not to exceed 24 hours after the work is commenced. The City Manager or his or her designee may grant an extension of the 24 hour exemption as it deems appropriate. Persons responsible for such work shall inform the City Manager or his or her designee of the need to initiate such work or, if the work is commenced during non- business hours of the City, at the beginning of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. We no longer have a Dept. of Public Safety 4O Sec. 13-56. POWERS AND DUTIES OF THE COMMUNITY DEVELOPMENT DEPARTMENT. a. Administering Officer. The noise control program established by this Article shall be administered by the r, ...... :,,, n .... , ..... , ~..~JIIIIIIUlIIL~ 1..~ ~,~ I ~1~111~11~ *Who shall administer. Co--unity Development is responsible for Chapters 7, 18 and 20. The city only has one co--unity service officier. be *Staff does not have the expertise for this. c. City Approvals. 1. Noise Impact Statement. The City may require any person applying to the City for a change in zoning classification or a permit or license, or site plan review for any structure, operation, process, installation, or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the City. The Department city shall evaluate each statement and make appropriate recommendations to the council or other agency or officer authorized to take the action or approve the license or permit applied for. 2. Sound Source Control Plan. The City may require sound source control plans in association with, but not limited to, changes in zoning classifications, or a permit or license, or site plan review, for any structure, operation, process, installation or alteration, or project that may be considered as a potential noise source. The City Manager~ ig ., +,.,., c, ...... -., 'n .... , ..... + r~ .... +..-,...~ or his,,~,- .,~,h~-- des nee, o .................. j ...... t- ......... t, .......... shall review and evaluate a sound source control plan and make appropriate recommendations to the City Council. Any violation of an approved sound source control plan is a violation of this Article. * These changes are suggested so the CiO, is capable of having more control over the amozmt of noise that is being produced by larger business. City staff does not have the expertise to administer this program. 41 do Other Powers and Duties. The ~ ...... ;,. r, .... ~ ..... , r~ .... ,.~.., n~,n. Taxx.axxaJ-xxx~ .LT~.,, · n.~xnT.~xxx~.,xx~- -a-~.,l-t~.a-x ~,xxxn..~xx~, city shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this Article. *Administrative authority7 Sec. 13-57. VARIANCES. a. Authority. The t- ...... ;,. n .... , ..... · n;~~ city manager shall have authority, consistent with this section, to grant exceptions from the requirements of this Article. bo Application. Any person seeking a variance shall file an application with the t- ...... ;,, r~ .... ~ .... nt ru..~,,., city on a form prescribed by the City. The application shall contain the following pertinent information: * Clarification of language 1. Legal description of property; 2. Dates during which variance is proposed; 0 Location of particular noise source and times of operation; . Nature of the noise source and any equipment involved; 5. Necessity for variance; 0 Steps taken to minimize noise level from source; 7. Names of responsible persons; 8. List of property owners within two hundred (200) feet of the subject property in a format prescribed by the Community Development Director (only if exception is for more than 3 days); and 9. Such other information necessary for the City to make a determination under this Article. Ce Procedure. If the exception is for more than 3 days, the ............ D .... ~ ..... ~ n;~,-~ city shall give notice of the request as provided herein. Notice of the request for a variance shall consist of a legal property description, description of request for variance and map detailing property location, and be published in the official newspaper at least twenty (20) days prior to a decision on the request, and 42 written notice shall be mailed at least twenty (20) days prior to a decision on the request to all owners of land within two hundred (200) feet of the boundary of the property in question. Applications will be reviewed by the '~ ............. J ...... ~- ............... city and a decision to approve or deny the variance will be made in writing to the responsible persons within 30 days of publication of the notice. Any person choosing to comment on the exception may do so in writing within 20 days of mailing of the notice. d. Action on Application. The variance may be approved only if the ............. J ...... t- ............... city finds that full compliance with the requirements of this Article would constitute an unreasonable hardship on the applicant, on other persons, or on the community. In determining whether to grant or deny the application, the t- ...... ~- ............... city shall balance the hardship to the applicant against the adverse impact on the health, safety, and welfare of the persons affected, the adverse impact on property affected, and any. other adverse effects of granting the variance. The variance may be granted subject to conditions, including a time limit, which shall be clearly stated. Mailed notice of the decision shall be made within five (5) days of the decision to all persons who commented in writing on the application. e. Aooeals. Either the applicant or any party aggrieved may, within 10 days of the decision on the variance application, appeal to the City Council for a review of the decision. The person appealing the decision shall file with the City Clerk a Notice of Appeal specifying the grounds upon which the appeal is based. The appeal shall be heard as soon as practicable and within 20 days of the filing of the appeal, and the applicant and any person who has filed a statement on the application for a variance with the ~ Director city shall be given at least 10 days mailed notice of the time when and place where the appeal will be considered by the City Council. The City Council may affirm, modify, or overrule the action of the t~ ...... :,., r~ .... ~ ..... ~ ............. J ...... t- ............... City Manager on the basis of the criteria set out in subsection d of this Section.] * The changes where made to clarify the process. Sec. 13-58. ENFORCEMENT. a. Notice of Certain Violations. When the t- ...... :., r~ .... ~ ..... ~ n,--~'~tz/zzaxL~az.La.,~V ~a..sn..~ V ~x~azz~zl~ ~ .......... city deter~nes that a noise exceeds the maximum sound level permitted under this Article, written notice of the violation shall be given to the owner or occupant of the premises where the noise originates and such person shall be ordered to correct or remove each 43 specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this Article. be Civil Remedies. This Article may be enforced by injunction, action for abatement, or other appropriate civil remedy. C. Criminal Penalties. Any violation of this Article involving the operation of a motor vehicle, other than a violation of Section 13- 51(c), which occurs in a motor vehicle, is a petty misdemeanor. Every person who violates any other provision of this ordinance is guilty of a misdemeanor. In all cases the city shall be entitled to collect its costs of prosecution, including reasonable attorneys' fees, to the extent authorized by law. Each act of violation and each day a violation occurs or continues, constitutes a separate offense. Chapter 14 Parks and Recreation 14-56 Definitions. (NB. All definitions shall consolidated in chapter 1 and deleted in this section.) Sec. 14-56 nowmo means .......... snow a self-propelled vehicle which is designed for travel on snow or ice steered by skis or runners. *MCC recommendation. Sec 14-58. Public gathering permits. A permit shall be obtained from the city ~.~cu.~.....~ ..... v.-~;-.~*v.---e,~';"~"" ~ _l;" for any of the following activities in a city park: Carnivals; Community celebrations; Gatherings of fifty (50) or more persons including picnics and political gatherings; and Contests and exhibitions, including, among other things those that require exclusive use or charging admission. *MCC recommendation. 44 Sec 14-59. Parking Permits *Staff recommendation. Several years ago, the city stopped collecting fees for the use of Lake Ann Park. Sec 14-61. Alcoholic beverages Except for malt beverages, no person shall consume or have in his ~r i:,r possession while within any city park any bottle or receptacle which contains intoxicating liquor which has been opened, or the seal broken, or the contents of which have be partially consumed. *MCC ecommendation. Sec 14-63. Destructive devices. No f4mam~, air rifles, BB guns, slingshots, explosives, fireworks, or devices capable of discharging blank ammunition shall be brought into or used in park areas, except by peace officers while executing their lawful duties. *MCC recommendation. State Statute: 471.633 Firearms. The legislature preempts all authority of a home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any of their instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) a governmental subdivision may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. 45 Sec 14-65 (a). Animals (a)Except as provided in subparagraph (b) below, no person shall be permitted to take any animal, excluding but not limited to dogs and cats, into a park. This prohibition shall not apply to properly harnessed or leashed service animals, from a recognized service training program, assisting totally or partially blind or deaf persons with a physical or sensory disability, or to a dog used by law enforcement officers or persons training a dog to be a service dog or in rescue action. *MCC recommendation. Chapter 15. Planning and Development Sec. 15-20. Purpose Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to nonpublic uses which would have been located on other lands without hardship or inconvenience to the owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make-such adjustments difficult to accomplish. It is the purpose of this article to provide a uniform procedure for the proper use of official maps as authohzed by the Minnesota Municipal Planning Act, Minnesota Statutes, sections 462.351 to 462.364. *MCC recommendation. Sec. 15-29. Publication and filing. *MCC recommendation. Chapter 16 Solid Waste Sec 16-1 Definitions (definitions shall be relocated to chapter 1). 46 Mixed mu~ffcipal solid waste means garbage, refuse, an other solid waste from residential, commercial, industrial and community activities which is generated and collected in aggregate, but excluding auto hulks or large auto parts, street sweepings, ash, construction debris, mining waste, sludges, household hazardous waste, tree and agricultural wastes, tires, lead acid batteries, used-oil motor and vehicle fluids and filters, yard waste, and other materials collected, processed and disposed of as separate waster streams. Yard waste means organic materials consisting of grass clippings, leaves, weeds and other forms of organic garden waste, but excluding bushes, fibrous brush, woody materials, or other materials that are not readily compostible within a calendar year. *MCC recommendations. Chapter 17. Streets and Sidewalks Definitions' Excavation(l) The removal of the natural surface of the earth, whether sod, dirt, soil, sand, gravel, stone, or other matter, creating a depression. (2) Any area where the topsoil or overburden has been removed for the purpose of removing earthly deposits or minerals. (3) Any area that is being used for stockpiling, storage, and processing of sand, gravel, black dirt, clay, and other minerals. (Chapter 17) Permittee means any person to whom a permit issued. (Chapter 17) Contractor: someone (a person or firm) who contracts to build things 2: (law) a party to a contract. (Chapter 17) *The above were definitions that needed to be added to the code. Note definitions will be consolidated in chapter 1. Sec. 17-17. Permit. (a) No person shall excavate, dig, tunnel or ditch in or under any street, alley, public ground or public easement without first obtaining a permit from the city cc, uncil and paying the fee established by resolution for the permit. An excavation permit is not required of a banded licensed plumber who has secured a permit for the installation of water or sanitary sewer services or an individual sewage disposal treatment system. 47 (b) Each application for permit shall be made in writing on a form furnished by the city. (c) Each permit for an excavation shall be issued in writing and shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited to any city official upon request. (d) Unless the applicant has in force the bond required of licensed plumbers, or unless otherwise waived by the city council, a surety bond in the amount of two thousand dollars ($2,000.00) shall be required from each permit applicant. Such bond shall be conditioned that the pm,,e/-pd applicant_shall perform the work in accordance with this article and all applicable regulations. (Ord. No. 27, §§ 1--4, 6, 4-29-68) *Change proposed to clarify permit. We use to term applicant instead of principal. Sec. 17-22. Accident prevention. (a) Precautions shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws and building and construction codes shall be observed; machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the ...... ~ ~'~ A ~;~;:: r, ....... ,:~-~ .... r- .... · ..... :~ OSHA 29 CFR Safety Program published by the ^ ...... ,,^-, ~j ....... Contractors of Ame~c,~,, Library Specifications Book to the extent that such provisions are not in conflict with applicable law. * This is the standard used today (b) Excavations and work operations shall be properly protected and identified by barricades, flags, and if required, by flagmen in the daytime; and by flares, blinkers or red lanterns at night. (c) Excavations shall be cribbed when necessary in order to prevent cave-ins endangering life or property or tending to enlarge the excavation. (d) The end of boomed or swinging equipment shall not operate closer than five (5) feet of an electric power or communication cable, guy or stay. (e) Underground construction shall not harm root growth of cultured, sightly or ornamental trees and shrubbery. Sec. 17-23. Roadways. 48 (a) Installation of pipe and utility conductors under Portland cement concrete, asphalt concrete, or other high-type bituminous pavements shall be done by jacking, augering or tunneling as directed by the city engineer unless otherwise authorized by the city council. When this type of installation is made, a city-approved casing of larger dimension shall be used to sleeve or encase the service pipe or conductor. (b) When excavating in an improved road, each class of excavated mater/al shall be piled separately. When removing pavement of Portland cement concrete, asphalt concrete or high-type built-up bituminous surfacing, the pavement shall be removed a distance of nine (9) inches beyond the trench width and length, in order to provide a shoulder and solid foundation for surface restoration. (c) For minor utility (individual gas, electric, phone, cable, etc.) no open cutting of the street will be allowed. *Current ordinance does not address minor utility (cd) Excavations and jacking pits shall be bermed when unattended to prevent entrance of surface drainage. (de) All back-filling shall be placed in six-inch layers at optimum moisture and compacted to achieve one hundred (100) percent of AASHTO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. Backfill material shall be class 5 as per state highway department specifications, or better if required by the city. Compacted backfill shall be brought to street grade and crowned not more than one (1) inch at the center. If settlement occurs or excavation fails within two (2) years from completion date requiring replacement of the roadway surface, the excavation backfill material and the surfacing shall be replaced by the city at the expense of the pe~xnittee. (el) City approval shall be required for any construction anchors or braces within the boulevard or on the shoulders. Vehicular driving onto the boulevard or shoulders from the roadway shall be regulated as required by circumstances. The method of construction and type of machine excavation shall receive prior approval of the city. (t:g) Excavations wider than four (4) feet shall not be permitted without special authorization. Street traffic shall be maintained unless provided otherwise by the permit provisions. No lugs damaging to roadway surfaces shall be used on equipment. Dirt or debris tracked or spilled onto the street surfacing shall be periodically removed during construction to prevent accumulation. (~h) Street surface and roadside shall be cleaned after completion of construction and shall be left in a neat and presentable condition. (hi) After all construction and clean-up has been completed, the permittee shall notify the city within twenty-four (24) hours to this effect and shall request inspection 49 and preliminary acceptance of the work. Proper "As built" plans, as required by the city engineer, shall be submitted prior to acceptance. ARTICLE III. MOVING BUILDINGS* DIVISION 1. GENERALLY Sec. 17-31. General standards. All used buildings moved into or within the city shall comply with the following: Minnesota State Building Code· (2) The building is well maintained and in a good state of repair as determined by the Building Official. (3) Chapter 20. *Staff is proposing the building permit for moving a building be processed administratively. As such, condition 4 does not apply. All buildings must meet the Minnesota State Building Code as well as comply with the city's maintenance code. Also, the city is required to enforce the Minnesota State Building Code. DIVISION 2. PERMIT Sec. 17-41. Required. No one may move a used building into or within the city except upon issuance of a permit issued by the city council and from all regulating agencies. Sec. 17-42. Application. (a) A person required to obtain a permit by this division shall file an application with the city, accompanied by a fee in the amount established by resolution. (b) The application shall be referred to the city building~fficial for t-he ,,,~,..,~.~' ' recommendation 50 *Staff is proposing the building permit for moving a building be processed administratively. As such, all conditions requiring City Council approval have been deleted. Sec. i%44. Issuance. The city council shall approve a permit pursuant to this division subject to such reasonable conditions as may be appropriate if the standards set forth above are met. If the building does not satisfy the requirements for a permit, the city council may issue a pmwnit on condition that the building is brought into compliance within a reasonable period of time as determined by the city council. The city council may further condition approval upon the applicant furnishing a letter of credit satisfactory to the city sufficient to cover the necessary work to bring the building into compliance. (Ord. No. 80, Art. VI, § 19(6-19-5), 12-15-86) ".':Staff is proposing the building permit for moving a building be processed administratively. As such, all conditions requiring City Council approval have been deleted. 51 CITYO CHANH SEI 7700 Market Boulevard PO Box 147 Chanhassen. IvlN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Ph:ne: 952.227.1140 Fa',,': 952.227.1110 Park & Recreation Pi::, n~: 952.227.1120 ~,,.22;.1110 ~£'e.ati~n Center 25] 0 Coui!er Boulevard Pnz, ne: 952.227.I400 Fax: 952.227.1404 Planning & Natural Resources · P ~'~-'~. ~,, ,~,. 952.227.1130 Fax: 952.2271110 Public Works i591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site ,',.,',,','.6.chanhassen.mn.us TO: FROM: DATE: Todd Gerhardt, City Manager Bob Generous, Senior Planner November 25, 2002 SUB J: Code Amendments BACKGROUND City staff is in the process of clarifying and consolidating the city code. As a first step in the process, the City contracted with Municipal Code Corporation, MCC, to review the code for conflicts between the code and state statutes. Additionally, they were requested to review for internal conflicts within the code. They prepared an "Analyzation Memorandum" proposing changes as well 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 to determine if any changes should be made due to problems in the code, overlapping code requirements, need for clarification, or procedural or process problems. Prior to submitting the detail of these prOposed revisions, staff is submitting a summary of the changes being contemplated to make the City Council aware of the areas being revised and to receive direction from City Council on how they would like staff to proceed. Initially, staff is preparing changes to chapters 1 - 17 of the city code, which represents the administrative portions of the code. Separately, chapters 18 - 20, which are the subdivision, sewer and water, and zoning portions of the code, will be reviewed and presented. SUMMARY Following are summaries of the changes being proposed in each chapter: Chapter 1.. General Provisions Chapter 1 contains general definitions, penalties and code amendment requirements. Staff is proposing that all definitions from the city code be consolidated in this section, rather than being repeated in each chapter as currently happens. If there is special definition required in a chapter, the chapter in which the definition applies will be noted. MCC is proposing the adoption of a section on Amendments to the code which would specify the format required to amend the code. The City of Chanbassen o A gro;,Sng community with clean lakes· quality schoo s. a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play· 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 correspond 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 correspond to city requirements and practices. Animal Bites The current 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 current 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 curfew and firearms. Changes are being proposed to bring the city code into conformance 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 current 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 current 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 current 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 current 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 abnormal 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 15. Planning and Development. This chapter deals with the Planning Commission and official maps. Changes are being proposed to correctly 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 pe~xnitting 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. Knutson, City Attorney FROM: Milt Lefkoff, Senior Code Attorney Municipal Code Corporation DATE: January 24, 2002 RE: Legal Reviexv of the Chanhassen City Code Tkis 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 copy to us. Except xvhere other,vise provided, references in this memorandum to chapters, articles, divisions or sections are to the Chanhassen City Code. -1- Chapter 1. General Provisions Sec. 1-2. Rules of construction and definitions. o . o o 5. . 7~ o 10. 11. In the paragraph that begins with the word "Officials," refer also to "officers" and "departments." 12. The paragraph that begins with the word "Statutes" will 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 words "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 city Code, references in such Code to the "city clerk," "clerk," "city manager" or "manager" will be changed to "city clerk/manager." Y N If so, the affected paragraphs of section 1-2 xvill be changed accordingly. Near the end of the paragraph that begins xvith the xvord "Number," change "and" to "or." Y N At the end of the paragraph that begins xvith the xvord "Number," add the folloxving: "A xvord importing the plural number only may extend and be applied to one person or thing as well as to several persons and things." Y N The paragraph that begins xvith the word "Oath" xvill be conformed to M.S. [ 645.44, subd. 6. Y N The paragraph that begins with the word "Person" will be conformed to M.S. [ 645.44, subd. 7. Y N The paragraph that begins xvith the word "Year" will be conformed to M.S. [ 645.44, subd. 13. Y N The paragraph that begins xvith the xvord "Written" xvill be based on M.S. [ 645.44, subd. 14. The paragraph that begins xvith the word "Sidewalk," as amended by Ordinance No. 324, will be conformed to M.S. [ 169.01, subd. 33. Y N The paragraph that begins xvith the word "Street," as amended by Ordinance No. 324, will be conformed to M.S. [ 169.01, subd. 29. Y.__N__ -2- Sec. 1-4. Catchlines, history notes and references of sections. 13. At the end of the section, add the following: "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 division." Y N 14. 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 15. The xvord "references" in the third line will be deleted, and the following will be added: "The editor's notes, cross references and state law 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) ,,viii be deleted, because it is covered by subsection 14. Y N Sec. 1-9. General penalty; continuing violations. 17. The fu:st sentence will end with the words "authorized in M.S. ~ 412.231, as modified by M.S. ~ 609.034." Y N__ After 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. YmN__ Sec. 1-10. Severability. 18. The wording of the £rrst sentence will be based on M.S. ~ 645.20. Y N Sec. ?. Amendments to Code. 19. A new section based on section 1.15 of the Eagan Code xvill be added. Y___N__ (Such section is attached at the end of fids memorandum.) -3- Chapter 2. Administration Article I. In General Sec. 2-3. Rules of procedure. 20. Change "newly revised, 9th edition" to "Newly Revised, 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/city engineer." The second and third lines of section 2-20 refer to the "public works director." Section 7-38 refers to the "city engineer." The city ,,viii provide revised language. Y N 2la. Subsection (5) refers to the "department of public works." 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 line of section 2-20 refers to the "building inspector/official." The last line of section 7-17 refers to the "building official." The cit-y 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 xvord "resolution" in the first 1/ne to the xvord "ordinance" in M.S. [ 429.101, subd. 1. The city xvill provide rexqsed language. Y N Article IV. Boards and Commissions Division 3. Public Safety Commission 23a. The title of this division xvill be changed from "Public Safety Commissions" to "Public Safety Commission." Sec. 2-68. Members. 23b. Subsection (b) refers to "the councilrnember of the commission." However, subsection (a) does not refer to any councilmember. The city will provide revised language. Y N -4- Sec. 3-1. Definitions. Chapter 3. Alarm Systems 24. Is the definition of "Sheriff" current? Y N If not, the city 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 t© 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 Division 2. Stable Permits Sec. 5-107. Violation. 26. Change the xvord "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. Is the definition of "Sheriff" current? If not, the city 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." Article III. Watercraft Operating Regulations Sec. 6-46. State law incorporated. In the f~st line, change "361" to "86B." Y__N 31. Sec. 6-49. Slow--No wake areas. Is the third sentence current? Y__N If not, the cit3, will provide revised language. Y N 32. Sec. 6-55. Personal floatation devices. 33. This section will end with the words "U~ited States Coast Guard approved t3qpe 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 xvill be required and will be deleted. Y. N Sec. 7-22. Stop orders. 36. The folloxving xvords in the second and third lines are covered by section 1-9 of the city Code and will be deleted: "punishable to the maximum extent authorized by Minnesota Statutes section 412.231." Y N or Change "Minnesota Statutes section 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 will 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 weeds." The city will proxfide a defin fion of "noxious weeds." Y N (See M.S. [ 18.77, subd. 8) Sec. 7-45. Operations; noise; hours; explosives, dust, water 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 xvill be deleted. Y.__N__ 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 xvords "as amended" in the ttdrd line of subsection (d) are redundant and xvill be deleted. Y N__ The words "code ma)," in the third line of subsection (d) xvill be changed to "codes may." Y N Sec. 7.5-46. Rights of individuals. 45. Subsection (0(3) will be moved to section 7.5-12, and the provisions before the xvord "class" in subsection (0(3) will be deleted.. Y N 46. If subsection (0(3) is not moved as suggested in paragraph 45, above, "136" in the first line of such subsection xvill be deleted. Y__N Division 2. Regulation of Rates and Charges Pertaining to Franchises Sec. 7.5-61. Background and purpose. 47. 48. In the first line of subsection (a), change "the City of Chanhassen, Minnesota ('City')" to"the city." Y__N__ (See the definition of "city" in section 1-2 of the city Code.) The city will clarify the reference to "Section 76.910" in the frrst line of subsection (e). V N (See section 7.5-61(d)) -9- 49. Chapter 8. Cemeteries Article II. City Cemetery Sec. 8-19. Maintenance and perpetual care funds. The xvords "and monies from the former Chanhassen Cemetery Association" in the first and second lines are transitional and xvill be deleted. Y N 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 provide rex4sed language. Y N -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 with other traffic or in compliance xvith the directions of a police officer or traffic control device, no person shall stop, stand or park a vehicle or place any material or other obstruction within 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. This section refers to the "city fire department." Section 2-16(6) refers to the "department of public safety. The city will provide revised language. Y N 53. The xvords "e,'dsting since May 9, 1966" are unnecessary and xvill be deleted. Y.~N Sec. 9-19. Establishment of board of fire officers. 54. Tlzis section refers to the "fire chief" and to the "chief." Section 9-20 refers to the "chief of the ciD, fire department." The ciD, will provide revised language. Y N Sec. 9-20. Fire chief. 55. The last line of subsection 0o) will read "until such time as the city council, by resolution, approves such elec-don." Y N 56. Subsection (g) provides d~at the chief is a member of the city's public safety commission. Section 2-680) provides that the members of the public safer5, commission are not ciD, officials or employees of the ciD,. The cirs, will provide revised language. Y N Sec. 9-24. Firemen's relief association. 57. In this section and elsexvhere, change "firemen's" to efighters. Y N see M.S. ch. 424A.) (For example, Sec. 9-25. Rescue squad. 58. The following will be added at the end of this 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. %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 MJnnesota Administrative Rule 7510.3510) Sec. 9-45. Same--Definitions for Uniform Fire Code. 62. In the second line, change "~m~idpalit_y" to "Jurisdiction." Y N (-fhe state adopted the 1997 Uniform Fire Code, xvhich 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 xvill 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 city 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 sixth line of subsection (f), change "Minnesota Clean Air _Act" to "Minnesota Clean Indoor Air Act ¢~.S. ~ 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. 69. In the fourth line, change "Section 1,340A.801" to "340A.801, subd. 1." Y___N 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 ;line, change "14.70" to "14.69." Y N ¢{.S. ~ 14.70 has been repealed.) DMsion 3. Retail Sales Regulation Sec. 10-47. Restrictions involving underage persons. 71. In the second line of subsection (e)(1), delete the word "folloxving." y N 72. In the tlfrd line of subsection (e)(10, change" " "3 . 340a.503 to 40A.503" Y Article IV. Peddlers, Solicitors and Transient Merchants Sec. 10-143. Exemptions. 73. In the first line of subsection (b), change "age eighteen" to "age seventeen." Y N M.S. ~ 645.45(14)) (See 74. Subsection (d) xvill read as folloxvs: "Religious, charitable or nonprofit organizations." Y N CD~e other provisions of subsection (d) may be considered to be unlaxvfully discriminatory and unreasonable, infringing on one or more of the freedoms of speech, press and religion.) Sec. 10-148. Practices prohibited. 75. Change the senzicolon in the tkird 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 will end after the numeral "2" in the second line. Y N (The other provisions of this section may be considered unlawfully discriminatory and unreasonable.) Sec. 10-161. Definitions. 77. 78. Article VI. Sexually Oriented Businesses The definition of "Person" xvill be combined with the definition of "Person" in section 1-2 of the city Code. ¥ N In the definition of "Sexually oriented business," add "adult store" and "adult massage parlor." Y N Sec. 10-162. Classification. 79. This 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. 80. Is subsection (a)(5) enforceable? Y N If not, it xvill be deleted. Y N 81. In the second line of subsection (a)(8) and else,vhere in the city Code, change "he or she" to "he." Y N (See the paragraph that begins with the word "Gender" in section 1-2.) or Use language such as "he or she" throughout the Code. Y N 82. Are the xvords "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. Delete subsection (a)(10)a.3. Y N (The statute cited has been repealed.) 84. Are the xvords "or whose spouse has been convicted" in the first line of subsection (c) enforceable? Y N If not, they xvill be deleted. Y N -14- Sec. 10-179. Enforcement. 85. In the second line of subsection (a), change "$700.00" to "$1,000.00." Y N ~ 609.034) (Cf. M.S. -15- Chapter 11. Miscellaneous Provisions and Offenses Sec. 11-1 Curfew for minors. 86. In the third l/ne of subsection Cu), change "12:00 a.m." to "12:00 midnight." 87. In the second line of subsection (g), delete the word "now." Y N Sec. 11-2. Firearms. 88. This section is prohibited by M.S. [ 471.633 and xvill be deleted. Y N 88a. If tkis section is kept: The statute referred to in subsection (a)(2) has been repealed. The city will provide revised language. 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___N__ 0~.S. [ 340A.101) -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? If so, does the state issue school bus drivers' licenses? Y___N__ If the state does not issue chauffeurs' licenses, should the reference to "chauffeur's license" be deleted? 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 del'tuition of "street" in subsection (a), as amended by Ordinance No. 324, section 8, is covered by the definition of "street" in section 1-2 of the cit7 Code, as amended by Ordinance No. 324, section 1 and will be deleted. Y N Sec. 12-10. Through streets; one-way streets. 92. In the fourth Ene, change' "trunk highway" to "state trunk tzighxvay." Y N ~ 169.30.) (See M.S. 93. In the fourfl~ line of section 12-10 and elsewhere, change "commissioner of highways" to "commissioner of transportation." Y~N~ ~i.S. ~ 169.02, subd. 21) Sec. 12-11. Seasonal weight restrictions. 94. In the fnrst linc, change "his" to "its." Y N Article II. Snowmobiles Sec. 12-31. Definitions. 94a. Delete the definitions of "right-of-xvay" and "roadway," which are covered in section 1-2, as amended. Y N (See Ordinance No. 324, sections 1 and 9.) 95. Delete tt~e definition of"roadway," as amended by Ordinance No. 324, section 9. Y N (See M.S. ~ 84.81, subd. 9 (definition of "road,,vay") and the first sentence of section l'-~-31--of the ciD, 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 words "and Minnesota Statutes chapter 169" in the second line. Y words are covered in section 12-1 of the city Code.) Sec. 12-33. Operation generally. 98. 99. N (Such The xvord "unnecessary" in the first line of subsection (7) is vague and will be changed to "unreasonable." Y N The xvord "annoys" in the second line of subsection (7) is vague and xvill be deleted. Y N -18- Chapter 13. Nuisances Article I. In General Sec. 13-1. Definitions. 100. The word "Annoys" in subsection (1) is vague and will be changed to "Disturbs." Y N Sec. 13-2. Illustrative enumeration. 101. The word "unnecessary" in subsection (a)(14) is vague and will be changed to "unreasonable." 102. Conform subsection 0)(20) to descriptive language in M.S. ~5 609.675. 103. In the second line of subsection 00)(22), the xvord "annoys" is vague and ,,viii be deleted. Y N Ord. No. 324. Definitions, private and public streets and flag lots. 104. In d~e first line of secdon 7, change "13-2(23)" to "13-27o)(23)." y N__ Sec. 13-2. Illustrative enumeration. 105. In the seventh line of subsection (b)(23)c, change "New Years Da}," to "New Year's Day." Y__N__ (See M.S. ~ 645.44, sub& 5.) 106. In the third line of subsection 0o)(24)e, change "13-2(24)d" to "13-2(b)(24)d.". Y N__ Article II. Junked or Abandoned Vehicles Sec. 13-21. Definitions. 107. Compare M.S. ~ 168B.011. The ciD, will provide revised language. Y N Sec. 13-22. Entry upon private property for removal or abatement. 108. Compare this 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 ttsrd 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__ (See the paragraph that begins with the word "Gender" in the city Code.) -20- Chapter 14. Parks and Recreation Article IV. Park Rules Sec. 14-56. Definitions. 111 Conform the definition of nowmorme to M.S. [ 84.81 subd. 3. Y N Sec. 14-58. Public gathering permits. 112. The xvords "participating in" in the first l/ne of subsection (a) appear to be overbroad. The city will provide revised language. Y N .Sec. 14-61. Alcoholic beverages. 113. In the first line of subsection (b), change "his or her" to "his." Y N that begins with the word "Gender" in section 1-2 of the city Code.) (See the paragraph Sec. 14-63. Destructive devices. 114. Delete the word "firearms" in the first line. Y__N__ ~'i.S. ~ 471.633) Ord. No. 305. Animals. 115. In the fourfl~ line of secdon 14-65(a), add "totally or part/aH)," before "blind." Y N OVI_.S. ~ 256C.02) ' ~ ~ 116. After "officers" in the fifth line of section 14-65(a), add "or persons training a dog to be a serxdce dog." Y N O{.S. ~ 256C.02) -21- Chapter 15. Planning and Development Article III. Official Maps Sec. 15-20. Purpose. 117. In the last line, change "462.36" to "462.364." Y___N__ Sec. 15-29. Publication and filing. 118. This section is not needed in the Code and xvill 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 "Mi_xed municipal solid waste," 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 "Yard xvaste," add "weeds." Y N 0VI.S. -23- Chapter 17. Streets and Sidewalks Article II. Excavations 121. Are any of the provisions of the article superseded by article III of chapter 7 of the city Code? Y N If so, the city will provide revised language. Y N Sec. 17-22. Accident prevention. 122. The fourth and fifth lines of subsection (a) will 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. Roadxvays. 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. aa sh to. org/aashto/home.nsf/FrontPage) Article III. Moving Buildings DMsion 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. 126. In subsection (f)(7)c, change "not" to "no." Sec. 18-40. Same--Data required. 127. In the fourth line of subsection (3)f, is "WPC" correct? Y N If not, the cit-y xvill provide revised language. Y N Sec. 18-41. Final plat--Generally. 128. In the second line of subsection (f), change "GIS" to" Y N geographic information systems (GIS)." Article III. Design Standards Sec. 18-56. Generally. 129. The first sentence will read: "The proposed subdivision shall conform to the comprehensive plan, the design handbook, and chapter 20 of this Code." Y N Ord. No. 324. Definitions, private and public streets and flag lots. 130. See "DBH" in the fifth line of section 19 (~ 18-61(d)(2)). Add the folloxving "DBH means diameter measured at breast height (4.5 feet above the ground)." (Taken from the zoning ordinance on page 1144 of the city Code) Sec. 18-63. Surface xvater 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, Sewers and Sewage Disposal Article III. Municipal Sanitary Sewage Disposal System Sec. 19-43. Permit for connections, etc. ~33. In the tkird line of subsection (i)(3), delete "1990." Y__N__ Sec. 19-44. Prohibited discharges into sanitary sexver system. 134. At the end of subsection 0o), and in the third and fourth lines of subsection (e), delete "by May 1, 1994." Y N Sec. 1%45. Connections charges. 135. In the fn:st line of subsection (b), change "[fee]" to "fee." Y N Sec. 19-49. Sewer specifications. 136. In the second line of subsection (a), change "state plumbing code" to "Minnesota Plumbing Code." Y Article IV. IndMdual Sanitary Sewage Treatment Systems Sec. 19-66. General. 137. The first paragraph of subsection (c) will end with the word "Rules" in the third line. The rest of the paragraph is unnecessary. Y N 138. In the sb:th and eighth lines of subsection (c), change "Chapter" to "Part." Y N 139. The definition of "Cits," in subsection (c) is covered in section 1-2 of the cit-5, Code and xvill be deleted. Y N 140. The definition of "Department" in subsection (c) refers to the "cit3, 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 def'mifion of "Soil textural classification," add "Soil Conservation Service." Y N (See http://xxaxav.statlab.iastate.edu/soils/ssm/gen cont.html) 143. M.S. ~ 105.37, referred to in the second line of the definition of "Surface waters," has been repealed. The cit-y will provide revised language. Y N (For example, see M.S. [ 103G.005.) -27- Sec. 19-67. Standards for health, safety and environmental preservation. At the beginning of the section, delete "(a) Standards adopted." Y.__N__ (There is no subsection (b)) 145. Sec. 19-71. Failing and noncomplying systems. 146. In the fifth line of subsection (b), change "Statutes" to "Rules." Y Sec. 1%72. Maintenance. In the first line of subsection (a)(4), change "Chapter" to "Part." Y.__N__ N 146a. In the second line of subsection (b), change "Statutes Chapter" to "Rules Part." Y Sec. 19-75. Violations and penalties. 147. In the second l/ne of subsection (2), change "Statutes" to "Rules." Y N Sec. 19-76. Variances. N 148. The fl~'d line of subsection (3) refers to "subp. 3." Elsexvhere in this chapter, the term "Subpart" is used. The city will provide rex4sed language. Y.__N~ Sec. 19-126. Definitions. Article VI. "Section 201" Sewer Systems 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 sewer. 150. At the end of subsection (a)(7), there is a reference to "the Act." The city xvill add a definition of "the Act." Y.~N__ -28- Chapter 20. Zoning Article 1. In General Sec. 20-1. Definitions. 151. Remove the brackets in the first hne 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 de£me "hardship." M.S. [ 462.357, sub& 6(2) defines "undue hardship." There is also a definition of "undue hardship" in section 20-58(1) of the city Code. The city will provide revised language. Y N (See, also, paragraph 160, below.) 153. Conform the definition of "Public xvaters" to M.S. [ 103G.005, subd. 15. Y__N__ 154. The terms def'med in this section xvill be in alphabetical order. Y N "Sign, bulletin board" followed 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 \Xlildhfe Service now is. The latter is supposed to be at fxvs.gov.) Article II. Administration and Enforcement DMsion 1. Generally. Sec. 20-26. Enforcement generally. 156. The second and third lines refer to the "pohce department." Does the city have a police department and a public safety department? Y N If not, the cit3, will provide revised language. Y N Sec. 20-28. Board of zoning adjustments and appeals. 157. In tltis section and elsewhere, change "board of zoning adjustments and appeals" to "board of appeals and adjustments." Y~N~ (M.S. ~ 462.354, subd. 2, and 462.357, subd. 6, refer in the text to the "board of appeals and adjustments.") 158. 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 159. Add to subsection (b) language from M.S. ~ 462.359, subd. 4. DMsion 2. Amendments Sec. 20-43. Public hearing. 159a. Conform subsection (a) to applicable language of M.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 Sec. 20-60. Denial. 161. N In the fztst line, change "deemed" to "denied." Y N Division 5. Building Permits, Certificates of Occupancy, Etc. Sec. 20-92. Certificates of occupancy. 162. 163. Is subsection (a) current? Y__Nm If not, the cit-), xvill provide revised language. Y N The last sentence of subsection (b) is obsolete and xvill be deleted. Y__N__ (See M.S. - [ 16B-59 et seq.) Ord. No. 318. Grading and erosion control. 164. Compare M.S. ~5 103F.441. The city xvill provide revised language. Y N 165. Compare the first sentence of section 20-94(a) to section 20-94(0. The city xvill provide revised language. Y N DMsion 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 cit3T xvill 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. This section and similar sections elsewhere are redundant and will be deleted. Y N If this section and similar sections are kept, compare the wording of the section catchline to the wording of the text of the section. The city 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. _At the end of subsection (b)(7), add "xvithout a permit from the city 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 wilt be deleted. Y N In the first two Lines of subsection (12), the words "including an3, recreational beach lots established prior to February 19, 1987" are redundant and will be deleted. Y N In the first line of subsection (18)g, change the smrficolon to a colon. Sec. 20-265. Golf driving ranges. 174. Delete the brackets in the first line. Y N Sec. 20-266. Sales trailers for residential developments. 175. The cit3, will clarifT the abbreviation "ADA" in subsection (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 an), similar provisions elsexvhere are redundant and ,,viii be deleted. Y N -31- Article V. Floodplain Overlay District Division 1. Generally Sec. 20-326. Purpose. 178. In the last line, change "104" to "103F." Y.__N__ Sec. 20-327. Scope. 179. Is this section current? Y N If not, the cit3r xvill provide revised language. Y__N__ Division 2. General Floodplain District 180. At the end of the title of division 2, add "(GFP)." Y N (See the rifles of divisions 3 and 4.) Division 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 cit3~ ,,viii provide revised language. Y N__ Article VI. Wetland Protection Sec. 20-401. Findings; intent; rules adopted by reference. 182. Subsection (c) xvill begin as folloxvs: "This article is adopted in part to implement the Wetland Conservation Act of 1991, as amended 0VI.S. [ 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 xvill be deleted. Y N 184. If the f~rst 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 city Code.) Sec. 20-406. Wetland buffer strips and setbacks. 186. The xvords "(date of ordinance adoption)" in the first line of subsections (a) and (b) are not necessary and xvill be deleted. Y__N__ Sec. 20-417. Variances. t 87. In the second line, change "dMsion III of ttzis Code" to "dMsion 3 of this chapter." Y__ 188. Tlds section end with the words "the Act or Rules." The cib? xvill add a definition of "the Act" and a definition of "Rules." Y N Sec. 20-418. Enforcement procedures. 189. At the end of subsection (a), change "seven hundred dollars ($V00.00)" to "one thousand dollars ($1,000.00)." Y N (See M.S. ~ 609.034.) Article VII. Shoreland Management District Sec. 20-476. Statutory authorization and policy. 190. In the 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 city Code and xvill be deleted. Y N Sec. 20-479. Shoreland classification system and land use districts. 192. Delete the brackets in the first line of subsection (b). Y N 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. Y N 194. The reference to "Chapter 1340" at the end of subsection (e)(3)f is obsoletel 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 will clarify "section 7, article III" in the third line. Y N Article VIII. Planned Unit Development District Division 1. Generally Sec. 20-504. Coordination xvith other zoning regulations. 196. In the first line of subsection (b), change "Code" to "chapter." Y N 197. For purposes of uniformity 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 tiffs chapter. Y___N__ Sec. 20-505. Required general standards. 198. For Purposes of uniformity and consistency, subsection (j) will read as folloxvs: "The requirements contained in articles XXIII, X_,'XIV and X_,"X-V of this chapter may 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" elsexvhere, delete the words "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." -34- Sec. 20-905. Single-family dwellings. 201. Are subsections (3) and (5) current? Y N If not, the city will provide revised language. Y N Division 3. Home Occupations Sec. 20-978. Occupations prohibited. 202. Delete the designation "(1)" at the beginning of the section. Y__Nm 203. The city will provide revised language to make this section a complete sentence. Y N Division 5. Fences and Walls Sec. 20-1019. Location. 204. Delete the brackets in the frrst line of subsection (c). Y N__ Division 6. Wind Energy Conversion Systems 0VECS) Sec. 20-1048. Compliance with technical codes. 205. Is the reference to the Uniform Building Code in the fourth line of subsection (a) current? Y N If not, the city will provide revised language. Y Nm Sec. 20-1055. Lighting. 206. Is "September 1978" in the tt~ird line current? Y N If not, fl~e cit5, will provide revised language. YmN__ Article XXIV. Off-Street Parking and Loading Division 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 ttffrd line of subsection (2) current? Y__Nm If not, fl~e city will provide revised language. Y N -35- Division 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 20-11180) of the city Code, change "26' **" to "26 ' ***." Y~N___ The eighth line of subsection (h) reads as follows: "* One way 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 third line of subsection (f)(2)Co). y N Article XXVI. Signs Division 1. Generally Sec. 20-1270. Uniform Sign Code. 212. Article XXX. Towers and Antennas Sec. 20-1503. Height restrictions--Determination; maximum height. 213. Delete the brackets in the first 1/ne of subsection (b). Y N Change "Chapter 4 of the 1994 edition" to "Chapter 4 of the 1997 edition." Y__N N Sec. 20-1505. Setbacks. 214. Delete the brackets in the first 1/ne. Y Sec. 20-1508. Construction requirements. 215. Delete the brackets in subsection (1). Y Sec. 20-1564. Structure setbacks. 216. N In d~e first line, change "setback" to "set back." Y 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. Any right or franchise granted by any ordinance. E. Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing, vacating, etc., any street or public way in the city. F. Any appropriation ordinance. G. Any ordinance levying or imposing taxes. H. 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 boundari'es of the city. J. Any ordinance establishing traffic or parking regulations on any street or public way, including traffic schedules. tQ 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. Ail 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. Subd. 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;