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2003 Ord No. 392 - 399 2003 ORDINANCES Approved Published 392Amending Section 1201.03 of the Shorewood Zoning Code- 1/27/03 yes Yard Requirements 393 Amending Title 400 of the Shorewood City Code Relating to 2/10/03 yes Liquor Regulations 394 Amending Chapter 701 of the Shorewood City Code Relating to 4/14/03 yes Dogs 395 Amending Chapter 903 of the Shorewood City Code Relating 7/28/03 yes to Municipal Water Use and Service 396 Amending Title 1200 of the Shorewood Zoning Code Regarding 7/28/03 yes Fencing Requirements 397 Amending Section 1201.19 Subd. 4. of the Shorewood Zoning 8/25/03 yes Code to include Custom Woodworking Shop as a Conditional Use in the R-C, Residential/ Commercial Zoning District 398 Amending Chapter 701 of the Shorewood City Code Relating to Dogs 9/8/03 yes 399 Amending Section 507 of the Shorewood City Code 9/22/03 yes Relating to Refuse Collection . . .. CITY OF SHOREWOOD ORDINANCE NO. 392 AN ORDINANCE AMENDING SECTION 1201.03 OF THE SHOREWOOD ZONING CODE - YARD REQUIREMENTS Section 1. Section 1201.03 Subd. 3c. ofthe Shorewood City Code is hereby amended to add: (8) For cemeteries, gravesites may be located within front yards and side yards abutting streets, no closer than fifteen feet (15') from the public right-of-way. Monuments for gravesites within front yards or side yards abutting streets shall be limited to headstones flush with the ground. Section 2. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWO January 2003. (l ATTEST: WOODY LOVE, MAYOR AWSON, CITY ADMINISTRATOR/CLERK . . . CITY OF SHOREWOOD ORDINANCE NO. 393 AN ORDINANCE AMENDING TITLE 400 OF THE SHOREWOOD CITY CODE RELATING TO LIQUOR REGULATIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Chapter 401, Municipal Liquor Store, of the Shorewood City Code shall be amended to add the following: 401.09: LICENSE VIOLATION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Chapter 1301.02 of this Code. Section 2. Chapter 402,3.2 Percent Malt Liquor, of the Shorewood City Code shall be amended to add the following: 402.15 LICENSE VIOLATION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Chapter 1301.02 of this Code. Section 3. Chapter 403, Intoxicating Liquor, of the Shorewood City Code shall be amended to add the following: 403.14: LICENSE VIOLATION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Chapter 1301.02 of this Code. Section 4. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE C day of February, 2003. \ I WOOD this 10tl1 WOODY LOVE, MAYOR ATTEST: . . . CITY OF SHOREWOOD ORDINANCE NO. 394 AN ORDINANCE AMENDING CHAPTER 701 OF THE SHOREWOOD CITY CODE RELATING TO DOGS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Section 701.01, Subd. 4 of the Shorewood City Code shall be amended to read as follows: Subd. 4. RESTRAINT: A dog is under restraint if it is on the premises of the person harboring or keeping the dog, or if the dog is with the person having custody of it and is effectively restrained provided that: a. while it is on any public trail, sidewalk, the Southwest LRT Regional Trail, or along any public right-of-way (e.g., along roadways and streets), it is on a leash no greater than six feet in length; b. while it is in any City park, it is on a leash. Section 2. Section 701.01 of the Shorewood City Code is hereby amended to add: Subd. 5. DOG WASTE DEVICE. The person having custody of the dog must have in their possession a device for removal of dog feces when in or on City parks, trails, sidewalks, public rights-of-way, and the Southwest Regional LRT Trail. Section 3. Section 701.06 of the Shorewood City Code is hereby amended to read: 701.06: DOG NUISANCES: It shall be unlawful for any owner to fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely, to frequent school grounds, parks, or public beaches, to chase vehicles, to molest, annoy or bite any person if such person is not on the property of the owner or custodian of such animal, to molest, defile or destroy any property, public or private, or to defecate in or upon public property or the property of another without being cleaned up immediately by the person in charge of the animal. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall subject the owner or custodian to the penalty hereinafter provided. Subd. 1. The phrase lito bark excessively, continuously or untimely II includes, but is not limited to, the creation of any noise by any dog which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the dog is being kept and which noise occurs repeatedly over at least a five (5) minute period of time with one minute or less lapse of time between each animal noise during the five (5) minute period. (Ord. 232, 9-10-90; Ord. 334,4-27-98) .. Ordinance No. 394 . Page Two Subd. 2. The person having custody of the dog is responsible for disposing of the pet feces in a sanitary manner. Section 4. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREW April, 2003. WOODY LOVE, MAYOR ATTEST: . A WSON, CITY ADMINISTRATOR/CLERK . . . . CITY OF SHOREWOOD ORDINANCE NO. 395 AN ORDINANCE AMENDING CHAPTER 903 OF THE SHOREWOOD CITY CODE RELATING TO MUNICIPAL WATER USE AND SERVICE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Chapter 903 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: SECTION: 903.01: 903.02: 903.03: 903.04: 903.05: 903.06: 903.07: 903.08: 903.09: 903.10: 903.11: 903.12: 903.13: 903.14: 903.15: 903.16: 903.17: 903.18: 903.19: 903.20: WATER USE AND SERVICE Purpose and Intent Compliance With Provisions Private Wells Water Service Connections Water Turn-On and Shut-Off Fees Installation and Construction Requirements and Specifications Service Pipes Meters Water Rates and Charges Water Connections Served by Adjacent Municipalities Authorized Water Shut Offs Conservation Measures Restricted and Prohibited Acts Discontinuance of Service Mandatory Hook Up, Commercial and Multiple-Family Residential Users Right of Entry Powers Disclaimer of Liability Water Improvement Process Amendment - Notice Violation 903.01: PURPOSE AND INTENT: The City Municipal water system (hereinafter called the water system) shall be operated as a public utility and convenience from which revenue will be derived, subject to the provisions of this Chapter. 903.02: COMPLIANCE WITH PROVISIONS: No person shall make, construct or install any water service installation, or make use of any water service connected to the water system except in the manner provided in this Chapter, nor shall any person make, construct, install or make use of any installation connected to the water system contrary to the regulatory provisions of this Chapter. . 903.03 PRIVATE WELLS: Pursuant to the current State Well Code and the Minnesota Plumbing Code, private wells may be constructed or maintained and continued in use whether or not connection is made to the water system. In no event shall there be a means of cross-connection between the private well and the Municipal water system at any time. Hose bibbs that will enable the cross-connection of the two (2) systems are prohibited on internal piping of the well supply system. The threads of the boiler drain of the well volume tank shall be removed or the boiler drain hose bibb replaced with a sink faucet. 903.04: WATER SERVICE CONNECTIONS: Subd. 1. Existing Service Stubs: Service stubs have been installed to serve some homes and businesses presently located in the City. For those homes and businesses, the connections are ready for use by the existing structures in the City. a. Permit to Connect, Fee: A permit must be obtained to connect to the water system. The fee for each permit shall be as set by Council resolution. Such fee shall include inspection and turn-on services performed by the City. . b. Conditions of Permit: The permit fee shall be paid at the time of making application for water service. In addition thereto, before any permit shall be issued, the following conditions shall be complied with: (1) No permit shall be issued to tap or connect with any water main or water system of the City either directly or indirectly from any lot or tract of land unless it shall be determined that: (a) The lot or tract of land to be served by such connection or tap has been assessed for the cost of construction of the water main and water plan system with which the connection is made; or (b) The proceedings for levying such assessments have been or will be commenced in due course; or (c) A connection charge has been paid. (2) A water meter, meter horn, and remote reader shall be purchased from the City at the time permit is applied for. (3) If the lot is served by the Southeast Area or Boulder Bridge water systems and is below an elevation of nine hundred seventy five feet (975'), a pressure reducing valve (PRV) shall be purchased from the City at the time the permit is applied for if a new connection or upon notice by the City if an existing connection. . 2 . . . (4) Inspections: All property service lines shall be inspected by the City Water Inspector before the lines are covered to insure proper construction of the line and connection to the service stub. The owner or contractor shall give at least twenty four (24) hours advance notice to the City Water Inspector when the service pipe is ready for inspection. (5) Turn On and Shut Offs: Only an authorized City employee shall turn on or shut off any water supply at the curb stop. Subd. 2. New Service Stubs: Application for Water Service Connection: In the event additional connections or stubs to existing water trunk or lateral facilities are required or desired, applications shall be made at the City Hall on forms furnished by the City. a. Applications: All such applications for service stubs shall be made by the owner of the property to be served, or his duly authorized agent, and shall state the size and location of the service connection required, and the applicant shall, at the time of making application, pay to the City the amount of fees required for the installation of the service connection as hereinafter provided. The application shall also contain the name of the owner, a description of the property, lot, block and addition, name of road upon which the property fronts and the signature of the applicant, or his agent, agreeing to conform to the rules and regulations that may be established by the City as conditions for the use of water. b. Performance Bond: For the purpose of assuring and guaranteeing to the City that the installation of the service connection shall fully comply with all of the other terms and provisions of this Chapter, the applicant agrees to furnish to the City either a cash deposit or a corporate surety bond in the sum of four thousand dollars ($4,000.00), approved by the City and naming the City as obligee thereunder. c. Inspections: All property service stubs shall be inspected by the City Water Inspector before the stubs are covered to insure proper construction of the stubs and connection to the water main. d. Additional Requirements: All requirements set forth in Subdivision 1 of this Section shall be applicable to this subdivision. Subd. 3. Connection Charge: A connection charge shall be paid by the owners of the lot or tract of land to be served by the municipal water system. The amount of the connection charge shall be as set forth in Chapter 1301 of this Code and as follows: a. Connection charges for various land uses shall be made in accordance with the following formula: 3 . Land V se Formula Single-family residential C Multiple-family residential * CxS+O.25CxV Commercial CxREV Schools, churches, government, and 1.5C other nonresidential C = Connection charge as set forth in Chapter 1301 of this Code V = Number of dwelling units S = Number of structures REV = Number of residential equivalent units (there shall be one REV per 20,000 square feet of land area) *Multiple-family structures include those buildings designed with two or more dwelling units. For the purposes of this ordinance, the formula shall be based on no more than 12 dwelling units per structure . b. For properties previously assessed for municipal water service the connection charge shall be the amount specified in Chapter 1301 of this Code, less the amount previously assessed. c. In addition to the above, developers of new projects or subdivisions will be required to install trunk and lateral mains, services and appurtenant items at the time of development or platting. Pipe sizes shall be as set forth in the City's municipal water plan, as may be amended. d. For properties not presently served by municipal water service, developers or property owners who wish to extend water service to their property line, shall pay for the cost of the improvement or the water connection charge, whichever is greater. e. A property owner may petition and the Council, at its discretion, allow the connection charge to be assessed against the property, provided that such assessment will not adversely affect the City's Water Fund. . 903.05: WATER TURN-ON AND SHUT-OFF FEES: A fee as established by resolution of the City Council shall be charged for turning on or shutting off water except in instances where a connection permit has been obtained by the property owner. 4 . 903.06: INST ALLA TION AND CONSTRUCTION REQUIREMENTS AND SPECIFICATIONS: Subd. 1. Supervision: All work performed within the limits of the City shall comply with all requirements of the Minnesota Plumbing Code as amended and the Shorewood Standard Specifications and Details Manual and shall be under the direct supervision of the City Water Inspector and Public Works Director. Subd. 2. Authority to Do Work: Only persons authorized by this Chapter shall tap any distributing main or pipe of the water system, or insert stopcocks or ferrule therein. . Subd. 3. Excavations: If the installation is to be in a surfaced street, the location of the water main shall be ascertained from the City Engineer and, upon completion, such installation shall be inspected by the Public Works Department. Prior to construction within the street, notice shall be given to the City Water Inspector, School District, United States Post Office, Police and Fire Departments, and City Public Works Director. Such notice must be given at least three (3) days prior to the excavation for laying of the service pipe, and the connection must be made before three o'clock (3:00) P.M. After approval by the Public Works Department, the street shall be restored to its previously existing condition as directed and approved by the Public Works Department. The expense of such construction and restoration shall be borne by the applicant. Subd. 4. Separate Connections and Meters: No more than one housing unit or building shall be supplied from one service connection except by special permission of the City Council. Whenever two (2) or more parties are supplied from one pipe, connecting with the distribution main, each building or part of the building must have a separate stop box and a separate meter. Subd. 5. Property Service Lines: All installations of property service lines shall comply with the following: a. Property service pipe must be laid with sufficient waving to allow not less than one foot (I') extra length and in such manner as to prevent rupture by settlement. b. Property service lines must be placed not less than seven and one-half feet (71/2') below surface or finished grade, whichever is lower, and arranged so as to prevent rupture by freezing. c. A shut off or other curb stop shall be installed at the property line and placed so as to be protected from freezing. . d. All underground joints are to be mechanical (compression or flared, not sweated) unless otherwise approved by the City Inspector. 5 . e. Joints shall be kept to a minimum with not more than one joint used for service up to seventy feet (70') in length. f. All piping joints and connections shall be left uncovered until inspected and tested at normal water line pressure. g. Connections at mains for domestic supply shall be at least one inch (1 "). h. No water pipe shall be connected with any pump, well, tank or piping that is connected with any other water supply other than the Municipal water system. i. Not more than one building shall be supplied from one service connection unless by special permission from the City Council. j. When two (2) or more buildings are supplied from one pipe, each building must have a separate stop box and separate meter. k. Prior to connection with the Municipal water system, all means of cross-connection to a retained private water supply shall be eliminated. 903.07: SERVICE PIPES: . Subd. 1. Maintenance and Repair: It shall be the responsibility of the property owner to maintain the service pipe from the curb box into the structure. In the case of failure upon the part of the property owner to repair any leak occurring in his pipe within twenty four (24) hours after verbal or written notice thereof, the water will be shut off and will not be turned on until the service charge, as established by resolution of the Council, has been paid and the leak repaired. When the waste of water is great, or when damage is likely to result from the leak, water may be turned off immediately pending repairs. Subd. 2. Abandoned Service Installations: All service installations that have not been used for one year, or for any reason have become useless for further service, shall be shut off at the curb stop. Any expense of the City shall be charged to the property and, if not paid within thirty (30) days, shall be treated as a delinquent account pursuant to this Chapter. 903.08: METERS: . Subd. 1. Meter Use Required: Except for extinguishing of fire, no person except authorized City employees shall use water from the water supply system or permit water to be drawn therefrom unless the same be metered by passing through a meter supplied by the City. 6 . Subd. 2. Installation of Meters: All water meters shall be installed by a licensed plumber in accordance with the following rules: a. The service pipe from the water main to the meter shall be brought through the floor in a vertical position. The stop and waste valve shall be installed approximately twelve inches (12") above the floor. b. The meter shall be located so that the bottom is from twelve to twenty four inches (12"-24") above the finished floor line. The meter shall be set not more than twelve inches (12"), measured horizontally from the inside line of the basement wall, unless an alternate method is approved by the City Water Inspector. c. All meter installations shall have a stop and waste valve on the street side of the meter. In no case shall there be more than twelve inches (12") of pipe exposed between the point of entrance through the basement floor and the stop and waste valve. A stop and waste valve shall also be installed on the house side of the meter. Meter setting devices shall be of copper pipe or tubing from the terminus of the service pipe up to and including the house side stop and waste valve. . d. A remote reader shall be installed on the outside of the building in which the meter is contained at a height of three feet to five feet (3'-5') above grade. Subd. 3. Maintenance, Repair and Replacement: a. Replacement of Meter: All water meters shall be and remain the property of the City and may be removed or replaced or changed as to size and type by the City whenever deemed necessary. b. Maintenance and Repair: The City shall maintain and repair all meters when rendered unserviceable through ordinary wear and tear and shall replace them if necessary. However, where any replacement or repair or adjustment of any meter is necessary because of damage from hot water backup, damage from freezing water, or damage from any act, carelessness or negligence of the owner or occupants of any premises, any expense incurred by the City to repair said damage shall be charged against and collected from the property owner, and water service may be discontinued until the cause is corrected and the amount charged collected. . Subd. 4. Meter Tests: When a consumer makes a complaint that the bill for any past services has been excessive, the City shall, upon written request, have such meter re-read. If the user remains dissatisfied and desires that the meter be tested, said user shall then make a deposit in an amount established by resolution of the City Council, and the City shall test the meter. The user shall, if he so desires, be 7 . present when such test is made. In case a test should show an error of over five percent (5%) of the water consumed in favor of the City, the deposit will be refunded to the user and a correctly registering meter will be installed and the date of written request and the minimum charge shall not be affected. In case the test shows an accurate measurement of water or an error in favor of the user, the amount deposited shall be retained by the City to cover the expenses of making such test. Subd. 5. Unauthorized Tampering With Meter: All water meters shall be inspected and sealed by the City Water Inspector. No person not authorized by the City shall connect, disconnect, take apart, remove the seal, or in any manner change or cause to be changed or interfere with any such meter or the action thereof. . Subd. 6. Calibration of Water Meter and Remote Reader: Each year, the City shall mail to each consumer a meter reading card. The consumer shall be responsible for recording the readings for the water meter and remote reader upon such card and shall return such card to the City by the date specified on the card. Failure of the consumer to return such card to the City by the date specified on the card will result in a late fee being assessed to the consumers account, such fee to be established by City Council resolution. The City shall analyze such cards and identify those which indicate a difference in excess of ten thousand (10,000) gallons. The City shall calibrate water meters and remote readers which have a difference in excess of ten thousand gallons (10,000) and shall inform the consumer of any difference in the readings and of the amount due thereon. The consumer shall be responsible to pay for any and all differences in readings between the water meter and remote reader which indicate amounts due for water consumption. 903.09: WATER RATES AND CHARGES: Subd. 1. Rates and Charges Established: a. Water Service Rates: The water rate due and payable to the City by each water user for water taken from the Municipal water system shall be at a quarterly rate established by a resolution of the City Council. Where service is for less than a quarterly period, the quarterly charge will be prorated on a monthly basis. . (1) Minimum Rate for Low Income Residents: A minimum charge is established for residents having low incomes. The charge shall be at two-thirds (2/3) of the regular minimum rate; provided, that consumption is under ten thousand (10,000) gallons per quarter. Should the consumption exceed this minimum, the minimum rate reverts to the regular minimum rate. The criteria for determining low income is as set by the Hennepin County CDBG Program Income Limits for Very Low Income and family size. Residents must submit the proper application and income disclosure initially, and at least annually, or upon reasonable request by the City, to be eligible for this rate. 8 . b. Meter Charges: A charge for a water meter shall be made by the City. Property owners or users shall pay in advance before delivery of the water meter for installation. Said charge shall be as established by the City Council by resolution. c. Water Turn On: The established turn-on fee will be charged for turning on water where service has been shut off for nonpayment of water billings, failure to repair a leak, discontinuance of service, or other reason specified in this Chapter. d. Estimated and Adjusted Rates: (1) In the event the water meter servicing any property is found to be operating in a faulty manner or to have become inoperative, the amount of water will be estimated in accordance with the amount previously used in comparable periods of the year. (2) The City Council shall be authorized to make adjustments in water charges when the amount billed is erroneous due to a meter deficiency or other mistake. e. Rates Outside City Limits: Rates due and payable by each water user located beyond the territorial boundaries of the City shall be determined by special contract. . Subd. 2. Listing of Accounts: All accounts shall be kept on the books of the City in the name of the owner of the property served. All bills and notices sent out by the City shall be sent to the address of the property served. If nonresident owners or agents desire personal notice sent to a different address, they shall file an application therefor with the City. Any error in address shall be promptly reported to the City. Subd. 3. Bills for Services, Delinquencies, Discontinuance, Tax Assessments: a. Billing: Statements for charges for water service for a quarterly period shall be mailed to each property owner or user on or before the tenth day of the first month following the end of the quarter and shall be due and payable on or before the last day of the months of January, April, July and October following the quarterly period covered by the statement. . b. Delinquencies: After the last day of the month in which payment is due, a penalty of ten percent (10%) of the unpaid account balance will be assessed and added to the amount due on the account. If the balance due on the account is not paid in full within forty five (45) days of the day on which the account became due, a notice shall be sent to the property owner or user informing the property owner or user that the account is delinquent and that unless the account balance, is paid in full within fifteen (15) days, the water will be shut off and the prescribed shut-off fee will be assessed. 9 . c. Discontinuance of Service: If the property owner or user does not respond to the notice given above, prior to the date indicated in the notice, and the statement remains unpaid, the water shall be shut off at the curb stop. Prior to the water being turned back on again, the property owner or user shall be required to pay all delinquent charges, plus penalties and shut-off fees, and the prescribed turn-on fee. d. Appeals to Discontinuance of Service: The property owner or user may appeal the notice to the City Council during the fifteen (15) day period set forth in Subd. 3(b). Water service shall continue to the appealing property owner or user pending the decision of the Council on the appeal. Upon the determination of the Council, the water may be shut off pursuant to Subd. 3(c) as set forth above. . e. Tax Assessments: All delinquent accounts may be certified by the Clerk who shall prepare an assessment roll each year providing for assessment of the delinquent accounts against the respective property served. This assessment roll shall be delivered to the City Council for adoption prior to November 30 of each year and upon approval thereof, the Clerk shall certify to the County Auditor the amount due, plus a certification fee as established by resolution of the City Council, and the County Auditor shall thereupon enter such amount as part of the tax levy on such premises to be collected during the ensuing year. Such action may be optional or subsequent to taking legal action to collect delinquent accounts. 903.10: WATER CONNECTIONS SERVED BY ADJACENT MUNICIPALITIES: The City Council has heretofore and will in the future enter into contracts with adjacent municipalities to provide water service to properties located within the City. All permits to be issued under this Chapter shall comply with the terms of such agreements. In instances where the cost of the water hook-up from the supplying city is included in full or in part as a quarterly charge, then such shall be added to the billing for the minimum quarterly water charge to be paid by the recipient. 903.11: AUTHORIZED WATER SHUT OFFS: In case of fire or alarm of fire, water may be shut off to insure a supply for the fire fighting; or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary. . 903.12: CONSERVATION MEASURES: Whenever the City Council shall determine that a shortage of water supply threatens the City, it may, by resolution, limit the time and hours during which water may be used from the water system for lawn and garden sprinkling, irrigation, car washing and other uses specified therein. Appropriate notice of such limitation shall be given prior to the enforcement thereof. 10 . 903.13: RESTRICTED AND PROHIBITED ACTS: Subd. 1. Unauthorized Turn On or Shut Off: No person, except an authorized City employee or agent, shall turn on or off any water supply at the curb stop. A turn-on or shut-off fee in an amount equivalent to twice the prescribed fee shall be charged for the unauthorized turn on or shut off of any connection to the Municipal water system. Subd. 2. Unauthorized Use of Hydrants, Interference With System: No person, other than employees or agents of the City, shall operate fire hydrants or interfere in any way with the water system. Subd. 3. Supplying Water to Others: No person shall permit water from the water system to be used for any purpose except upon his own premises unless written consent is first obtained from the City. 903.14: DISCONTINUANCE OF SERVICE: Water service may be shut off at any curb stop connection whenever: . Subd. 1. The owner or occupant of the premises served, or any person working on any pipes or equipment thereon which are connected with the water system, has violated, threatens to violate or causes to be violated, any of the provisions of this Chapter. Subd. 2. Any charge for water, service, meter or other financial obligation imposed on the present or former owner or occupant of the premises served is unpaid. Subd. 3. Fraud or misrepresentation by the owner or occupant of the premises served in connection with an application for service. . 903.15: MANDATORY HOOK UP, COMMERCIAL AND MULTIPLE-FAMILY RESIDENTIAL USERS AND CERTAIN RESIDENTIAL DEVELOPMENTS: The owner of a property used for commercial purposes or for multiple-family residential purposes, involving four (4) or more dwelling units, situated within the City and abutting on any street, alley or right-of-way in which there is located a municipal water trunk or lateral facility, is hereby required at its expense to connect to such facility in accordance with the provisions of this Chapter within ninety (90) days after the date of official written notice by the City Council to so connect. Single-family residential developments of more than three (3) lots shall be required to connect to the municipal water system, at the developer's expense, based upon a determination by the City Engineer that such connection is feasible. Such connection is considered feasible if the cost of providing water to the property line of the lots within the development does not exceed the connection charges, set forth in Section 903.04 Subd. 3. of this Code, times the number of lots in the development. 903.16: RIGHT OF ENTRY POWERS: Authorized City employees shall have 11 . . . free access at reasonable hours of the day to all parts of every building and premises connected to the water system necessary for reading of meters and inspection. City employees shall be properly identified and shall display such identification upon seeking admittance to the building. 903.17: DISCLAIMER OF LIABILITY: The City shall not be liable for any deficiency or failure in the supply of water to property owners or users, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. 903.18 WATER IMPROVEMENT PROCESS Subd. 1. Scope and Purpose: The purpose of this subsection is to supplement the requirements of State law, to provide for the methods to initiate a water improvement, and to authorize the formulation of policies relating to allocating the costs for such public improvements. Subd. 2. Special Assessment Procedure: a. Initiating the Improvement: Improvement proceedings may be initiated in anyone (1) of the following four (4) ways: (1) One Hundred Percent Petition. By a petition signed by one hundred percent (100%) of the owners of real property abutting any street named as the location of the improvement. Upon receipt of a petition of 100% of the abutting property owners, the City Council must determine that it has been signed by 100% of the owners of the affected property. After making this determination, a feasibility report shall be undertaken and the project may be ordered without a public hearing, pursuant to the procedures set forth in Minnesota Statutes 429; or (2) Thirty-five Percent Petition. By a petition signed by the owners of not less than thirty-five percent (35%) of the frontage of the real property abutting on the streets named as the location of the improvement, when said property owners are willing to pay the entire cost of the improvement. Upon receipt of a petition of 35% of the owners of abutting frontage, the City Council must determine that it has been signed by 35% of such owners. After making this determination, a feasibility report shall be undertaken and a public hearing shall be scheduled to consider the project, pursuant to the procedures set forth in Minnesota Statutes 429; or (3) Sixty-seven Percent Petition. By a petition signed by the owners of not less than sixty-seven percent (67%) of the lots or parcels abutting on the streets named as the location of the improvement. Upon receipt of a petition of 67% of such owners, the City Council must determine that it has been signed by 12 . 67% of such owners. After making this determination, a feasibility report shall be undertaken and a public hearing shall be scheduled to consider the project. If an improvement is ordered, benefiting properties shall be assessed pursuant to the procedures set forth in Minnesota Statutes 429; or (4) By the initiative of the City Council. If the City Council determines to order an improvement, a feasibility report, as set forth in c. below, shall be undertaken and a public hearing shall be scheduled to consider the project. A simple majority vote of the City Council is needed to start the proceedings. If an improvement is ordered, benefiting properties shall be assessed pursuant to the procedures set forth in Minnesota Statutes 429 b. Petitions. Not later than the time a petition is considered for acceptance by the City Council pursuant to a.(1)-(3) above, the petitioners shall have executed and delivered to the City an agreement whereby the petitioners agree to pay the cost of the improvement as defined in the agreement and agree not to contest or challenge either the assessment process or the amount to be assessed. The petition shall include an agreement that the cost of preparing the feasibility report shall be paid by the petitioners in the event the improvement is determined not to be feasible. Failure to pay for the feasibility report shall result in the costs being assessed against the properties of the petitioners. . c. Preparing the Feasibility Study: An improvement project which is initiated by action of the City Council or by a 35% or 67% petition, as set forth in a.(2) and (3) above, may be ordered only after a public hearing. Prior to adopting a resolution calling a public hearing on an improvement, the Council must secure from the City Engineer a report advising it in a preliminary way as to: (1) Whether the proposed improvement is feasible; (2) Whether the proposed improvement is consistent with Capital Improvement Planning; (3) Whether the improvement should be made as proposed or in connection with some other improvement; (4) The estimated cost of the improvement; (5) A proposed project schedule; and (6) Any other information thought pertinent and necessary for complete Council consideration. . c. Holding a Public Hearing on the Improvement: Improvement projects which are initiated by a 100% petition may be ordered by the City Council without a public hearing if the City Council determines the project may be undertaken 13 . without unreasonable changes to the Capital Improvements Program or the petitioning property owners agree to pay 100% of the cost of the improvements. In the case of a Council-initiated project or petition of less than 100% of abutting property owners, the Council must adopt a resolution calling a public hearing on the improvement project for which mailed and published notices of the hearing must be given. The notice of public hearing must include the following information: (1) The time and place of hearing; (2) The general nature of the improvements; (3) The estimated cost; and (4) The area proposed to be assessed. Not less than ten (10) days before the hearing the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. The notice of public hearing must be published in the City's legal newspaper at least twice, each publication being at least one week apart, with the last publication at least three (3) days prior to the hearing. . At the public hearing, the contents of the feasibility study will be presented and discussed with the intent of giving all interested parties an opportunity to be heard and their views expressed. Following a public hearing a resolution ordering the improvement may be adopted at any time within six (6) months after the date of the hearing by a four-fifths (4/5) vote of the City Council, unless the project was initiated by a 35% petition or a 67% petition in which event it may be adopted by a majority vote. At this time a special assessment is considered to be "pending" for all assessable properties in the improvement area. Subd. 3. Deferred Assessments: a. The City Council may defer special assessments: On homestead property owned by a person who qualifies under the hardship criteria set forth below. . b. Procedure: The property owner shall make application for deferred payment of special assessments. The application shall be made within 30 days after the adoption of the assessment roll by the City Council and shall be renewed each year upon the filing of a similar application no later than September 30. The City Administrator shall establish a case number for each application; review the application for complete information and details and make a recommendation to the City Council to either approve or disapprove the application for deferment. The City Council by majority vote, shall either grant or deny the deferment and 14 . if the deferment is granted, the City Council may require the payment of interest due each year. Renewal applications will be approved by the City Administrator for those cases whereby the original conditions for qualifications remain substantially unchanged. If the City Council grants the deferment, the City Administrator shall notify the County Auditor who shall in accordance with Minnesota Statutes, Section 435.194, record a notice of the deferment with the County Recorder setting forth the amount of assessment. Interest shall be charged on any assessment deferred pursuant to this Section at a rate equal to the rate charged on other assessments for the particular public improvement projects the assessment is financing. If the City Council grants an assessment deferral to an applicant, the interest may also be deferred, or the interest may be due and payable on a yearly basis up until the assessment period terminates and only the principal is deferred. The decision as to whether the principal and interest or just the principal is deferred is decided by the City Council when considering the application. Conditions of Hardship: . a. Any applicant must be 65 years of age, or older, or retired by reason of permanent or total disability and must own a legal or equitable interest in the property applied for which must be the homestead of the applicant, or b. The annual gross income of the applicant shall not be in excess of the criteria for determining low income as set by the Hennepin County CDBG Program Income Limits for Very Low Income and family size. Income specified in the application should be the income of the year proceeding the year in which the application is made, or the average income of the three years prior to the year in which the application is made, whichever is less, and c. Permanent and/or total disability shall be determined by using the criteria established for "permanent and total disability" for Workman's Compensation and the Social Security Administration. Subd. 4. Policies: The City Council shall establish and may from time to time modify policies pertaining for the fair, equitable and consistent allocation of the cost of water improvements. Such policies may relate to factors for determining economic feasibility, fees and charges for connecting to the system and such additional matters as the Council shall determine appropriate in its reasonable discretion. . 903.19: AMENDMENT - NOTICE: This chapter may not be modified, amended, or repealed until a public hearing is held thereon by the City Council. A notice of the time, place and purpose of the hearing shall be published in the 15 . . . city's official newspaper and on its website at least 10 days prior to the day of the hearing. Failure of any person to actually receive such notice shall not invalidate the proceedings provided a bona fide attempt to comply with these provisions has been made. 903.20: VIOLATION: Any person violating any provision of this Chapter shall be guilty of a misdemeanor. Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL Minnesota this 28~1 day of July, 2003. ATTEST: Woody Love, Mayor 16 . . . CITY OF SHOREWOOD ORDINANCE NO. 396 AN ORDINANCE AMENDING TITLE 1200 OF THE SHOREWOOD ZONING CODE, REGARDING FENCING REQIDREMENTS Section 1. Section 1201.03 Subd. 2.f. of the Shorewood City Code is hereby amended to add: " (12) Fence Height: The height of fences prescribed herein shall be considered to be the maximum height allowed. Fence posts may extend above the specified height by no more than eight inches (8")." Section 2. Section 1201.03 Subd. 3.c.(6) of the Shorewood City Code is hereby amended to read: "(6) The minimum rear yard setback for swimming pools shall be sixty percent (60%) of that which is required for the zoning district in which the pool is located. No part of any such pool, including guardrails, shall exceed six feet (6') above grade in height. Decking, patios and pool aprons shall not encroach into the required rear yard setback area. Rear yard setbacks for lake shore lots shall be as provided in Section 1201.26 of this Ordinance." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 28th day of July 2003. WOODY LOVE, MAYOR ATTEST: SON, CITY AD:MINISTRA TOR/CLERK . . . CITY OF SHOREWOOD ORDINANCE NO. 397 AN ORDINANCE AMENDING SECTION 1201.19 SUBD. 4. OF THE SHOREWOOD ZONING CODE TO INCLUDE CUSTOM WOODWORKING SHOP AS A CONDITIONAL USE IN THE "R-C", RESIDENTIAL/COMMERCIAL ZONING DISTRICT Section 1. City Code Section 1201.19 Subd. 4. (Conditional Uses) is hereby amended to add: "f. Custom woodworking shop, provided that: (1) The total number of employees working on the premises shall not exceed three (3). (2) The use shall not have a predominant retail character. Any retail sales conducted on the premises shall be limited to products produced on the premises. (3) Products produced on the premises shall be limited to custom, one-of-a-kind woodwork items. (4) Noise, dust and odor shall comply with the standards of the Minnesota Pollution Control Agency and shall not constitute a nuisance to adjacent residential uses. (5) Adequate off-street parking shall be provided in compliance with Section 1201.03 Subd. 5. of this Code. (6) All work shall be performed entirely within the building. There shall be no outdoor display or storage on the property. Section 2. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 25th day of August, 2003. WOODY LOVE, MAYOR ATTEST: . A SON, CITY ADMINISTRATOR/CLERK . CITY OF SHOREWOOD ORDINANCE NO. 398 AN ORDINANCE AMENDING CHAPTER 701 OF THE SHOREWOOD CITY CODE RELATING TO DOGS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS .J FOLLOWS: . . Section 1. Purpose. The City Council recognizes and reaffirms that residents have rights to own, harbor, and keep dogs, and that from time to time these animals behave in ways that constitute a public nuisance. The Council finds that the present City Code addresses the actions of dogs or their owners as criminal in nature, and enforcement sanctions have not been fully effective in abating these nuisances. The purpose of this ordinance is to state clearly that the public nuisances caused by dogs may also be subject to civil legal procedures to abate nuisance conditions that exist on a property. It also addresses the conditions under which noises by such animals may be considered untimely. Section 2. Section 701.01, Subd. 3 of the Shorewood City Code is hereby amended to read: Subd. 3 OWNER: Any person who owns, harbors, or keeps a dog or licensee thereof, or the parents or guardians of such person under eighteen (18) years of age, or any person who owns the property on which a dog is harbored or kept. Section 3. Section 701.06 of the Shorewood City Code is hereby repealed and replaced with: 701.06: DOG NUISANCES. It shall be unlawful for any owner to fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. It shall be considered a nuisance for any animal to bark excessively, continuously or untimely, to frequent school grounds, parks, or public beaches, to chase vehicles, to molest, annoy or bite any person if such person is not on the property of the owner or custodian of such animal, to molest, defile or destroy any property, public or private, or to defecate in or upon public property or the property of another without being cleaned up immediately by the person in charge of the animal. The person having custody of the dog is responsible for. disposing of the dog feces in a sanitary manner. Failure on the part of the owner or custodian to prevent his animals from committing an act of nuisance shall subject the owner or custodian to the penalty hereinafter provided. The phrase "to bark excessively, continuously or untimely" includes, but is not limited to, the creation of any noise by any single or combination of dogs which can be heard by any person, including a law enforcement officer or animal control officer, from a location outside of the building or premises where the dog is being kept and which noise occurs repeatedly over at least a five minute period of time with one minute or less lapse of time between each animal noise during the five minute period. "Untimely" includes, but is not limited to, such noise which occurs repeatedly over a two-minute period of time with one-minute or less lapse of time between each animal noise during the two-minute period between 10:00 p.m. and 6:00 a.m. . Ordinance No. 398 Page Two Section 4. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHORE~D this 8th day of September, 2003. I) ( /. ) ! ()L~ WOODY LOVE, MAYOR ATTEST: . . . . . CITY OF SHOREWOOD ORDINANCE NO. 399 AN ORDINANCE AMENDING SECTION 507 OF THE SHOREWOOD CITY CODE RELATING TO REFUSE COLLECTION Section 1. Section 507.01 of the Shorewood City Code is hereby amended to add: Subd.5. YARD WASTE: Any garden waste, leaves, mower cuttings, weeds, shrubs, tree waste and prunings. Subd. 6. RESIDENCES: Any building used for residential purposes consisting of up eight (8) dwelling units with individual kitchen facilities for each. Section 2. Section 507.06 of the Shorewood City Code is hereby amended to read: "507.06: REFUSE OR YARD WASTE COLLECTION SCHEDULE: Each licensee shall collect refuse from premises for which he has a collection contract according to the following minimum schedule: daily from hotels, restaurants, and other premises which, in the judgment of the City, require such collection; and weekly from residences and other premises. Where the collection contract includes collection of yard waste, the yard waste shall be collected on the same day as refuse is collected. No refuse or yard waste shall be collected before six o'clock (6:00) A.M. or after eight o'clock (8:00) P.M. of any day. With the exception of Shady Island or Enchanted Island, collection from residential properties shall take place only on Wednesdays, unless otherwise authorized by the City Council. Collection from properties on Shady Island or Enchanted Island shall take place on Thursdays, unless otherwise authorized by the City Council." During a week where a holiday occurs on or before the designated collection day, collection of refuse or yard waste may take place one day later. Section 3. That this Ordinance shall be in full force and effect on upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE YI1'f.. OF SHOREWOOD this 22nd day of September, 2003. / , WOODY LOVE, MAYOR ATTEST: