Water Policy Background InfoSince then the City Council has determined that the majority of Shorewood residents did not
support such an aggressive approach to the construction of a city-wide system. Consequently, the
direction at this time is to concentrate on making the existing system as reliable and financially
viable as possible, and to serve residents where demand can be demonstrated.
The City's water policies and codes have been updated based upon the following guidelines:
The overall water system is to remain financially self-supporting.
Any future extensions of city water must be consistent with the overall plan for city water
(i.e. pipe sizes).
With the exception. of commercial and multiple-family residential, no one is required to
physically connect to the system. Further, existing wells can be maintained and new
wells can be drilled.
• New development of more than three lots shall provide city water where it is technically
and financially feasible.
• Allow water main extensions to provide water to residents where technically and
financially feasible and where demand can be demonstrated. Consider a super - majority
of residents as being demand for water extensions.
The City will continue to examine ways to provide water as economically as possible. Future
planning should include the preparation of engineering estimates for various logical extensions of
water main. These estimates should be updated annually to advise residents of approximate
water costs. Feasibility studies will be prepared based upon interest. Water main extension
should be considered in all projects, providing adequate right-of-way, if nothing else. Finally,
the City should explore the demand for water in conjunction with all street reconstruction
projects.
Storm Sewer
In 1975 the City prepared a Comprehensive Storm Water Study which identified 16
subwatershed districts within the community (see page CF-23). The Purgatory Creek drainage
district and part of the Carson Bay district is located in the Riley-Purgatory-Bluff Creek
Watershed. The remaining 15 drainage districts are located within the Minnehaha Creek
Watershed. While the study proposed substantial reliance on natural drainage systems,
particularly the preservation and use of wetlands, a number of areas were proposed to be served
by storm sewer. New development has, for the most part, been required to install storm water
drainage facilities consistent with the 1975 study.
The 1975 Study has been completely updated with the adoption of the Surface Water
Management Plan (SWMP), adopted earlier this year. The SWMP has been developed to meet
local watershed management planning requirements of the Metropolitan Surface Water
Management Act and Board of Water and Soil Resources. It has been developed to be in
conformance with the requirements of the local Watershed Districts, Metropolitan Council
requirements, and applicable State and Federal laws. Its intent is to provide the City with
direction concerning the administration and implementation of water resource activities within
the community. This study is based upon more detailed topographic information acquired by the
11/09 CF-21
Section
903.01 Purpose and intent
903.02 Compliance with provisions
903.03 Private wells
903.04 Water service connections
903.05 Water turn-on and shut-off fees
903.06 Installation and construction requirements and specifications
903.07 Service pipes
903.08 Meters
903.09 Water rates and charges
903.10 Water connections served by adjacent municipalities
903.11 Authorized water shut offs
903.12 Conservation measures
903.13 Restricted and prohibited acts
903.14 Discontinuance of service
903.15 Mandatory hook up, commercial and multiple-family residential users and certain residential
developments
903.16 Right of entry powers
903.17 Disclaimer of liability
903.18 Water improvement process
903-19 Amendment - notice
903.20 Violation
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.
I I
903.02 Shorewood - Public Right-of-Way and Property 903.04
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.
(Ord. 395, passed 7-28-2003)
9 R I LYA 9 WAV: 4
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 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.
(Ord. 395, passed 7-28-2003)
JOU",
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 ordinance. The 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 the 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
0119DA
903.04 Water Use and Service 903.04
(b) The proceedings for levying the 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 975 feet, 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.
(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 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 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 $4,000 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.
KIM
903.04 Shorewood - Public Right-of-Way and Property 903.Og
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:
Land Use
Formula
Single-family residential
C
Multiple-family residential*
C x S+ 0.250 x U
Commercial
C x REU
Schools, churches, government and other
1.5C
non-residential
Where:
C = Connection charge as set forth in Chapter 1301 of this code
U = Number of dwelling units
S = Number of structures
REU = Number of residential equivalent units (there shall be one REU 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 chapter, 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.
903.04 Water Use and Service 903.06
e. A property owner may petition and the Council, at its discretion, allow the connection
charge to be assessed against the property, provided that the assessment will not adversely
affect the City's Water Fund.
(Ord. 395, passed 7-28-2003)
lite
A fee as established by ordinance 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.
(Ord. 395, passed 7-28-2003)
F WSW I 2111� i 1111 U 0103 11 11
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, the 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. The notice must be given
at least three days prior to the excavation for laying of the service pipe, and the connection
must be made before 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 the 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 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.
903.06 Shorewood - Public Right-of-Way and Property 903.07
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
extra length and in the manner as to prevent rupture by settlement.
b. Property service lines must be placed not less than seven and one-half feet 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.
e. Joints shall be kept to a minimum with not more than one joint used for service up to 70
feet 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.
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.
Not more than one building shall be supplied from one service connection unless by special
permission from the City Council.
j When two 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.
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 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 ordinance of the Council, has been paid and the leak
903.07 Water Use and Service 903.08
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
30 days, shall be treated as a delinquent account pursuant to this chapter.
(Ord. 395, passed 7-28-2003)
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.
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 12 inches
above the floor.
b. The meter shall be located so that the bottom is from twelve to 24 inches above the finished
floor line. The meter shall be set not more than 12 inches, 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 12 inches 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 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.
903.08 Shorewood - Public Right-of-Way and Property 903.09
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 the 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 the meter re-read. If the user
remains dissatisfied and desires that the meter be tested, the user shall then make a deposit
in an amount established by ordinance of the City Council, and the city shall test the meter.
The user shall, if he or she so desires, be present when the test is made. In case a test
should show an error of over 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 the 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 meter or the action thereof.
(Ord. 395, passed 7-28-2003; Am. Ord. 464, passed 2-22-2010)
1 -11WIT11W . I I
Subd. 1. Rates and charges established.
a. Water service rates - quarterly 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 ordinance of the City Council. Where service is for less than a quarterly
period, the quarterly charge will be prorated on a monthly basis,
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. The
charge shall be as established by the City Council by ordinance.
903.09 Water Use and Service 903.09
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 therefore 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 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 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 15 days, the water may be shut off and the prescribed shut-off fee will
be assessed.
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 may 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.
903.09 Shorewood - Public Right-of-Way and Property 903.10
d. Appeals to discontinuance of service. The property owner or user may appeal the notice
to the City Council during the 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
ordinance of the City Council, and the County Auditor shall thereupon enter the amount
as part of the tax levy on the premises to be collected during the ensuing year. The action
may be optional or subsequent to taking legal action to collect delinquent accounts.
(Ord. 395, passed 7-28-2003; Am. Ord. 456, passed 2-9-2009; Am. Ord. 464, passed 2-22-2010)
I - 1 • r r 1 AM
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 the agreements. In instances where the cost of the water
903.10 Water Use and Service 903.13
hook-up from the supplying city is included in full or in part as a quarterly charge, then shall be added
to the billing for the minimum quarterly water charge to be paid by the recipient.
(Ord. 395, passed 7-28-2003)
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.
(Ord. 395, passed 7-28-2003)
Subd. 1. 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 the limitation shall be given prior to the
enforcement thereof.
Subd. 2. To conserve water resources, prevent the wasteful. and harmful effects of sprinkling during
mid-day hours, and allow the city's water system adequate opportunity to replenish the
water supply in the city's water storage tanks, certain limitations must be placed on the use
of the city's water supply. During the period of May I through September 30 of any year,
a person may only sprinkle or irrigate lawns, sod, seeded areas, gardens, shrubs, or other
vegetation with city water in the city before 11 :00 a.m. and after 4:30 p.m. Watering
activities such as play toys, car washing and hand watering of flower beds are exempt, as
long as the activity is continuously human attended.
(Ord. 395, passed 7-28-2003; Am. Ord. 451, passed 7-14-2008)
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.
903-11
903.13 Shorewood - Public Right-of-Way and Property 903.15
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.
(Ord. 395, passed 7-28-2003)
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.
(Ord, 395, passed 7-28-2003)
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 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 the facility in accordance with the provisions of this chapter within 90 days after
the date of official written notice by the City Council to so connect. Single-family residential
developments of more than three 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 the connection is feasible.
The 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 § 903,04, subd. 3. of this code,
times the number of lots in the development.
(Ord. 395, passed 7-28-2003)
903-12
2009S-4
903.16 Water Use and Service 903.16
Authorized city employees shall have 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 the identification upon seeking admittance
to the building.
(Ord. 395, passed 7-28-2003)
2009S-12
Shorewood - Public Right -of -Way and Property
'Water Use and Service
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.
MEM
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 the public improvements.
Subd. 2. Special assessment procedure.
a. Initiating the improvement. Improvement proceedings may be initiated in any one of the
following four ways:
(1) One hundred percent petition. By a petition signed by 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 M.S.
§ 429; or
903.18 Shorewood - Public Right-of-Way and Property 903.18
(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,
benefitting properties shall be assessed pursuant to the procedures set forth in M.S.
§ 429.
b. Petitions. Not later than the time a petition is considered for acceptance by the City
Council pursuant to a.(1) through a.(3) of this section, 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 a.(3) of this section,
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.
d. Holding a public hearing on the improvement.
(1) 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 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
VIT
uNater Use and Service 903.18
improvement project for which mailed and published notices of the hearing must be
given. The notice of public hearing must include the following information:
(a) The time and place of hearing;
(b) The general nature of the improvements;
(c) The estimated cost; and
(d) The area proposed to be assessed.
(2) Not less than 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 days prior to the
hearing.
(3) 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.
(4) Following a public hearing a resolution ordering the improvement may be adopted at
any time within six months after the date of the hearing by a four-fifths 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. ne City Council may defer special assessments. On homestead property owned by a
person who qualifies under the hardship criteria set forth below.
903.18 Shorewood - Public Right-of-Way and Property 903.19
(1) If the City Council grants the deferment, the City Administrator/Clerk shall notify the
County Auditor who shall in accordance with M.S. § 435.194, record a notice of the
deferment with the County Recorder setting forth the amount of assessment.
(2) 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.
Subd. 4. 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. 5. 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. The policies may relate to factors for determining economic feasibility,
fees and charges for connecting to the system and the additional matters as the Council
shall determine appropriate in its reasonable discretion.
MIREM
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 city's
official newspaper and on its website at least 10 days prior to the day of the hearing. Failure of any
903-19 Water Use and Service 903.20
person to actually receive the notice shall not invalidate the proceedings provided a bona fide attempt
to comply with these provisions has been made.
MEME
Any person violating any provision of this chapter shall be guilty of a misdemeanor and punished
according to § 104.01 of this code.
(Ord. 395, passed 7-28-2003)