1998 Ord
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ORDINANCE NO. 329
AN ORDINANCE AMENDING SECTION 1301.02 OF
THE CITY CODE, RESIDENTIAL RECYCLING FEES
Section 1. Section 1301.02, Schedule A of the Shorewood City Code is amended as follows:
Type of Charges/Fee
Residential Recycling Fee
Charge/Fee
$1.50/month/household
Section 2. This fee shall take effect on January 1, 1998.
Section 3. This ordinance shall be in full force and effect from and after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 15th
day of December, 1997.
YOR
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ATTEST:
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CITY OF SHOREWOOD
ORDINANCE NO. 330
AN ORDINANCE AMENDING CHAPTER 801 OF THE
SHOREWOOD CITY CODE RELATING TO TRAFFIC CODE
THE CITY COUNCIL OF THE CITY OF SHOREWQOD, MINNESOTA, ORDAINS:
Section 1: Section 801.10 is renumbered as Section 801.11.
Section 2: Section 801 of the Shorewood City Code is hereby amended by adding the
following:
801.10
Subd. 1
Subd. 2
Subd. 3
Subd. 4
PERMANENT WEIGHT RESTRICTIONS:
The purpose of this Section is to preserve the condition of the public streets .
within the City from serious damage and destruction by the excessive use of
the streets by trucks and other heavily laden vehicles, to reduce the amount
of loss and expense to the taxpayers of the City for street maintenance, and
to minimize commercial traffic on specific designated local streets.
Any vehicle or combination of vehicles with a gross weight of any single
axle exceeding eight thousand (8,000) pounds are prohibited from travel on
the following street or highway within the City:
Orchard Circle
School buses are given special permission to proceed with normal operation
of their regularly established routes and at all regularly established hours.
Any other provision of this Section notwithstanding, refuse haulers, heating
trucks, City trucks or any other vehicle may be exempted by special permit
as follows:
( a) The owner thereof shall fIrst secure from the Public Works Director a
certifIcate setting forth the route or routes and the conditions under
which such vehicle or combination of vehicles may be operated, and
such vehicle or combination of vehicles shall thereafter be so operated
in accordance with the terms of such certifIcate.
(b) The Public Works Director is hereby empowered and it is hereby
made his duty to issue or deny, or issue in modifIed form, such certi-
fIcates upon application and to prescribe therein the route or routes and
the conditions for operations under each such certifIcate, and in deter-
mining such route or routes and such conditions, the Public Works
Director shall permit maximum use of the particular highways and
bridges consistent with the maximum capacity of such highways or
bridges, as determined with highway engineering practice.
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Ordinance No. 330
Page 2 of 2
(c) The Public Works Director shall have the power to revoke or modify
the terms of any existing certificate at any time in the event of
operations in violation of any such certificate or in the event of
changed conditions requiring such action. The original or a correct
copy of the certificate under which operations are being conducted
shall be carried at all times in the driver's cab or in any vehicle or
combination of vehicles while the same is being operated thereunder.
Section 3: This Ordinance shall be in full force and effect from after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 9th day of February, 1998.
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CITY OF SHOREWOOD
ORDINANCE NO. ~
AN INTERIM ORDINANCE REGULATING
TRANSMISSION AND RECEPTION FACILITIES OF
COMMERCIAL WIRELESS TELECOMMUNICATION
SERVICES; ESTABLISIDNG A MORATORIUM; AND
DIRECTING A STUDY BE CONDUCTED THEREON
The City of Shorewood does ordain:
Section 1. Background.
1.01. The City of Shorewood ("City") currently regulates various types of wireless
transmission and reception facilities through its official controls.
1.02. Among the facilities that are currently subject to regulation are antennas and towers
having a fixed location and operated to furnish to the public commercial wireless
telecommunication services (hereinafter "CWTS"), including cellular, personal communication
services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR),
paging, and similar services that are marketed to the public.
1.03. Market demand, rapid advances in technology and expanding federal licensure of
radio frequencies has resulted in the proliferation of CWTS in the recent past, and that trend can be
expected to accelerate in the reasonably foreseeable future.
1.04. The City's regulation of antenna and tower transmission facilities, such as height and
building size restrictions, fails to differentiate among the various types of facilities including
CWTS.
1.05. The City Council is concerned that its official controls relating to antennas and towers
may not adequately address issues related to these towers, such as the appropriate locations for the
towers and the conditions under which they may be allowed within the City, including structural
and construction requirements, collocation, setbacks, and height limitations.
1.06. The City has received inquiries from companies desiring to construct CWTS towers
and other facilities in the City.
1.07. Minnesota Statutes, section 462.355, subdivision 4, allows the City to adopt an
interim ordinance for the purpose of protecting the planning process and the health, safety and
welfare of its citizens.
Section 2. Findings.
2.01. The City Council finds that it is necessary to conduct studies to determine ifthere is a
need to amend the City's official controls or its comprehensive plan relating to CWTS's, and if so,
to adopt the appropriate amendments.
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2.02. The City Council finds that there is a need to adopt an interim moratorium ordinance
for the purpose of protecting the planning process and the health, safety and welfare of its citizens
. regarding such matters.
Section 3. Planning and Zoning Study: Moratorium
3.01. A study is authorized to be conducted by City staff to determine if the City's official
controls need to be modified as they relate to CWTS's.
3.02. Pending completion of the study and adoption of any amendments to the City's
official controls, there is hereby established a moratorium on the construction, erection, placement,
reconstruction, enlargement, or expansion of CWTS towers within the City and on the development
and use of property for such purposes.
3.03. During the period of the moratorium, applications for final site and building plan
approval, building permits, and other permits and approvals related to such tower work shall not be
accepted by the City; neither the Planning Commission nor the City Council shall consider or grant
approval of any application for such work; and no building permits for such work shall be issued.
3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole,
spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the
purpose of providing commercial wireless telecommunication services to the public.
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3.05. The moratorium shall not apply to: (a) the lawful use of existing towers; (b) the repair
and/or maintenance of any existing tower provided that such work does not enlarge or expand that
tower; (c) work on a tower necessary to preserve health, safety, life, or property in the face of an
emergency; or (d) tower work that has received all necessary permits and approvals from the City
prior to the effective date of this ordinance.
Section 4. Enforcement. The City may enforce this ordinance by mandamus, injunction or
other appropriate civil remedy in any court of competent jurisdiction.
Section 5. Duration. This ordinance shall remain in effect for 180 days from the date of its
effective date or until such earlier time as said ordinance shall be revoked or otherwise amended.
Section 6. Effective Date. This ordinance shall take effect the day after the date of its
publication.
Adopted by the City Council of the City of Shorewood this 23rd day of February, 1998.
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Tom Dahlberg, M
ATTEST:
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s C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO. 332
AN ORDINANCE AMENDING CHAPTER 1301 - LICENSE, PERMIT, SERVICE
CHARGES AND MISCELLANEOUS FEES
TIIE CITY COUNCil.. OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
SCHEDULE A
Section 1: Section 1301 of the Shorewood City Code is hereby amended as follows:
I. TYPE OF
CHARGEIFEE
Animal Impound Fees
CITY CODE
REFERENCE
701.08.4
Water Meter - 1 1/2" (wlflanges) 903.03.1b(2)
1 1/2" Pressure Reducing Valve
Water Meter - 2" (wlflanges) 903.03.1b(2)
2" Pressure Reducing Valve
City Code Book
Updates
Spring Clean-up Fees
507.09.1
507.09.2
*
Or as determined based upon actual cost of disposal
Resident Base Fee
Picnic Pavilions
ManorlBadger/Cathcart
Freeman
25.00
Extension of Deadline for Recording Resolutions
CHARGEIFEE
25.00 1st offense of year
50.00 thereafter
365.00
180.00
475.00
190.00
75.00 book
25.00 CD Rom (PC or Mac format)
25.00/yr
Up to 10.00
7.00 appliances*
17.00 large furniture*
3.00 tires wlo rims*
6.00 tires wi rims*
12.00 truck tires wlo rims*
16.00 air conditioners*
Nonresident Base Fee
50.00
Section 3: This Ordinance shall be in full force and effect from after its passage and publication.
50% of Original Application Fee
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 23rd
day of February, 1998.
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CITY OF SHOREWOOD
ORDINANCE NO. 333
AN ORDINANCE AMENDING CHAPTER 903 -
WATER USE AND SERVICE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA, ORDAINS:
Section 1. Chapter 903 of the Shorewood City Code is hereby repealed in its entirety and the
following added in its place:
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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:
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 Assessment 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: 2 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 of the boiler drain hose bibb replaced with
a sink faucet. (Ord 313, 9-23-96)
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City of Shorewood
903.04
903.04
subd.l.b(5).
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 1. 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:
( I) 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.
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(2) A water meter, meter horn, and remote reader shall be purchased from the
City at the time permit is applied for2.
(3) If the lot is served by the eastern service district water tower 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.
(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.
1. See SectIOn 1301.02 of this Code.
2. Fees shall be as provided in Section 1301.02 of this Code.
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903.05
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 two thousand dollars ($2,000.00),
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: If no assessment has been levied and no assessment proceedings
will be completed in due course, a connection charge shall be made to the owners of the
lot or tract of land to be served. Such charge will be in accordance with and pursuant to
resolution of the City Council1.
903.05: WATER TURN-ON AND SHUT-OFF FEES: A fee as
established by resolution of the City Council1 shall be charged for turning on or
shutting off water except in instances where a connection permit has been obtained by the
property owner.
1. See Section 1301.02 of this Code.
2. See Chapter 506 of this Code.
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.903.06
903.06
subd.5.e.
903.06: INSTALLATION AND CONSTRUCTION REQUIREMENTS AND
SPECIFICA TIONS:
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 Ten States Standards
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: 1 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.
e. Joints shall be kept to a minimum with not more than one joint used for service up to
seventy feet (70') in length.
1. See also Section 901.01 of this Code.
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903.08
subd.2.b.
f. All 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.
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.
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.903.08
903.08
subd.4.
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 1 , and the City shall
test the meter. The user shall, if he so desires, be 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.
1. See Section 1301.02 of this Code.
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903.09
subd.l.b.
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: On or before May 1 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 on or before May 20. Failure of the consumer
to return such card to the City by May 20 will result in a late fee being assessed to the
consumers account, such fee to be established by City Council resolution 1. 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. From and
after May 20, 1993, 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:1
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 Council1. 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 to be eligible for
this rate.
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.
1. See Section 1301.02 ofthis Code.
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903.09
903.09
subd.3.d.
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 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.
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.
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,903.09
903.13
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 on or before October 10 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. COrd. 260, 10-12-92)
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.
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.
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903.18
subd. 1.
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 III
connection with an application for service.
903.15: MANDATORY HOOK UP, COMMERCIAL AND
MULTIPLE-FAMILY RESIDENTIAL USERS: 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 his
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.
903.16: RIGHT OF ENTRY POWERS: 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 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.
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903.09
subd.2.b(6).
Subd. 2. Special Assessment Procedure:
a. Initiating the Improvement: Improvement proceedings may be initiated in anyone
(1) of the following three (3) ways:
(1) 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;
(2) 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; or
(3) By the initiative of the City Council. Petitions for improvement shall be
referred for Administrative report and estimated budget. A simple majority vote of the
City Council is needed to start the proceedings.
Not later than the time a petition is considered for acceptance by the City Council
pursuantto either a.(1) or (2) 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.
b. Preparing the Feasibility Study: An improvement project which is initiated by
action of the City Councilor by a 35% petition 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.
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903.09
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An improvement initiated by petition will not be deemed to be economically feasible
unless the petitioners have agreed to pay the entire cost of the improvement minus any
oversize cost and minus the present value of any additional estimated net revenues to the
water fund occasioned by the improvement for a 15 year period.
An improvement initiated by the City Council may not be deemed economically feasible
unless the Council by at least a 4/5ths vote finds the above factors to be present after
reducing the cost of such improvement by such amount as the Council in its reasonable
discretion defines to be the appropriate City share of the improvement costs.
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 without
unreasonable changes to the Capital Improvement Finance Plan 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;
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(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 in which event it may be adopted by
a majority vote. The Council may not order the improvement unless the petitioners have
provided the Council with a consent agreement in a form acceptable to the City signed by all
the non-petitioning affected property owners where they consent to the improvement. The
resolution may reduce, but not increase, the extent of the improvement as stated in the notices.
At this time a special assessment is considered to be "pending" for all assessable properties in
the improvement area.
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903.18
subd.3.b.
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 on a form prescribed by the Hennepin County Auditor and
supplemented by the Shorewood City Administrator. 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 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
and/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 very low
income limits (50% of median) asset forth by family size in Hennepin County's Section
Eight guidelines. Calculation of the total family income shall be determined by the
summation of all available income sources of the applicant and spouse.
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
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903.20
c. Permanent and/or total disability shall be determined by using the criteria established
for "permanent and total disability" for Workman's Compensation, to wit:
(1) The total and permanent loss of the sight of both eyes.
(2) The loss of both arms at the shoulder.
(3) The loss of both legs so close to the hips that no effective artificial members
can be used.
(4) Complete and permanent paralysis.
(5) Total and permanent loss of mental faculties.
(6) Any other injury which totally incapacitates the owner from working at an
occupation which brings himlher an income.
An applicant must substantiate the retirement by reason of permanent and/or total
disability by providing a sworn affidavit by a licensed medical doctor attesting that the
applicant is unable to be gainfully employed because of a permanent and/or total
disability.
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 city's official newspaper and
in its city newsletter 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 3: This Ordinance shall be in full force and effect from after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this
13th day of April, 1998.
, MAYOR
JA
t.-
S C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
ORDINANCE NO. 334
AN ORDINANCE AMENDING CHAPTERS 502 - NUISANCES; 701 - DOGS; AND
902 - PUBLIC PARKS & RECREATION AREAS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS
AS FOLLOWS:
Section 2. Section 502.02 of the Shorewood Code of Ordinances is hereby amended as follows:
502.02:
PUBLIC NUISANCES AFFECTING HEALTH: The following are hereby
declared to be nuisances affecting health:
Subd. 1. All decayed or unwholesome food offered for sale to the public.
Subd. 2. All diseased animals running at large.
Subd. 3. All ponds or pools of stagnant water.
Subd. 4. Carcasses of animals not buried or destroyed within twenty four (24) hours
after death.
Subd. 5. Accumulations of manure or rubbish.
Subd.
Subd.
. Subd.
Subd.
Subd.
6. Privy vaults and garbage cans which are not flytight.
7. The pollution of any public well or cistern, stream, lake, canal or body of
water by sewage, creamery or industrial wastes or other substances.
8. All noxious weeds and other rank growths upon public or private property.
9. All public exposure of persons having a contagious disease.
10. The emission of dense smoke, gas and soot, dust or cinders, and other
noxious and offensive fumes, in such quantities as to render the occupancy of
property uncomfortable to a person of ordinary sensibilities.
Subd. 11. Feces left by any domestic pet on public property or the property of
another. The owner or person having the custody or control of the animal shall
be responsible for immediately cleaning up any feces of the animal and
disposing of such feces in a sanitary manner.
Subd. 12. All other acts, omissions of acts, occupations and uses of property which
are deemed by the Health Officer of the City to be a menace to the health of the
inhabitants of the City or any considerable number thereof.
Section 2. Section 701.06 of the Shorewood Code of Ordinances is hereby amended as follows:
701.06:
DOG NUISAN CES: 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, ef 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.
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Ordinance No. 334
Page 2 of 2
The phrase "to bark excessively, continuously or untimely" 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.
Section 3. Section 902.03 of the Shorewood Code of Ordinances is hereby amended as follows:
902.03:
ANIMALS IN PARK AND RECREATION AREAS: No person in a City
park or recreation area shall:
Subd. 1. Kill, trap, hunt, I pursue or in any manner disturb or cause to be disturbed
any wildlife.
Subd. 2. Bring any dog, cat or other animal unless caged, kept on a leash not more
than six feet (6') in length or under control of its owner.
Subd. 3. Permit any animal to disturb, harass or interfere with or endanger any
visitor or visitor's property, or tether any creature to a tree, plant, building or
park equipment.
Subd. 4. Permit any animal to enter unauthorized areas. Unauthorized areas are
active play areas, picnic areas and park buildings.
Subd. 5. Release any insect, fish, animal or other wildlife, or introduce any plant,
chemical or other agent potentially harmful to the vegetation, water supply or
wildlife of the area.
Subd. 6. Ride a horse, except with prior approval from the City. Subd. 7. Permit
any domestic animal to defecate in or upon public property. The owner or
person having the custody or control of the animal shall be responsible for
immediately cleaning up any feces of the animal and disposing of such feces in
a sanitary manner.
Section 4. This Ordinance shall be in full force and effect from and after its passage and publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 27th day of April, 1998.
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T M DAHLBERG,
JA
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CITY OF SHOREWOOD
ORDINANCE NO. 335
AN ORDINANCE EXTENDING A MORATORIUM ON THE SITING OF ADULT
USE ESTABLISHMENTS WITHIN THE CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
Section 6 of Shorewood Ordinance No. 319 is hereby amended to read:
"DURATION: This Ordinance shall remain in effect through the 31st
day of August 1998, or until such earlier time as said ordinance shall be revoked or
otherwise amended."
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 26th day of May 1998.
(7;Zd,
ATTEST:
C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO. 336
AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CODE OF
ORDINANCES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Section 201.02 of the Shorewood Code of Ordinances is amended to read as follows:
201.02: COMPOSITION: The Planning shall consist of five members
appointed by the City Council. It shall be the policy of the City to endeavor to
appoint one of the Commission members who is a resident of Enchanted Island or
Shady Island.
Section 2. Section 201.03 of the Shorewood Code of Ordinances is amended by amending
Subdivision 1 thereof to read as follows:
Subd. 1. Term of Appointment. All existing terms of appointment will terminate
effective June 12, 1998. Not laterthan that date, the Council shall appoint the five
members of the Planning Commission whose terms shall commence June 13,
1998. The initial appointment shall be for staggered terms: one until December 31,
1998; two until December 31,1999; and two until December 31, 2000. Thereafter,
except for appointments to fill vacancies in unexpired terms, all appointments shall
be for three years terms. All appointments shall be made by resolution and the
resolution making the initial appointments will specify the term of each appointee.
Except for the initial appointment, the terms of appointments commence on January
1 and terminate on December 31, or until vacancy is filled.
Section 3. This Ordinance shall be in full force and effect from and enter its passage and
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 26th day of May, 1998.
TO
, MAYOR
JA
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CITY OF SHOREWOOD
ORDINANCE NO. 337
AN ORDINANCE EXTENDING A MORATORIUM ON THE SITING OF
WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN
THE CITY OF SHOREWOOD
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1:
Section 5 of Shorewood Ordinance No. 331 is hereby amended to read:
"D URA TI 0 N : This Ordinance shall remain in effect through the 31 st
day of October 1998, or until such earlier time as said ordinance shall be revoked or
otherwise amended."
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 13th day of July 1998.
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338
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 602 OF THE SHOREWOOD
CODE OF ORDINANCES - EMERGENCY MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Chapter 602 of the Shorewood Code of Ordinances is hereby repealed and the
following is adopted in its place:
602.01:
POLICY AND PURPOSE
Subdivision 1. Because of the existing possibility of the occurrence of disasters of
unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive
winds or other natural causes, or from sabotage, hostile action, or from hazardous material
mishaps of catastrophic measure or other major incidents, and in order to insure that
preparations of the City will be adequate to deal with such disasters and generally, to
provide for the common defense and to protect the public peace, health and safety, and to
preserve the lives and property of the people of this City, it is hereby found and declared to
be necessary.
a) To establish a City emergency management organization responsible for
City planning and preparation for emergency government operations in time of disasters.
b)
disasters.
To provide for the exercise of necessary powers during emergencies and
c) To provide for the rendering of mutual aid between the City, and other
political subdivisions with respect to the carrying out of emergency preparedness functions.
d) To comply with the provisions of Minnesota Statutes, Chapter 12, known
as the Minnesota Emergency Management Act of 1996.
e) To participate as a member of the Lake Minnetonka Regional Emergency
Management, Preparedness Planning and Review Committee, review and accept its
emergency plan as the City's basic plan for responses to emergencies, disasters, major
incidents, mutual aid and other projects consistent with this ordinance and Minnesota
Statutes, Chapter 12.
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ORDINANCE NO.
Page 2 of 7
338
602.02:
DEFINITIONS
Subdivision 1. "Emergency Management" means the preparation for and the carrying
out of all emergency functions, to prevent, minimize and repair injury and damage resulting
from disasters caused by fire, flood, tornado and other acts of nature, or from sabotage,
hostile action, or from industrial hazardous material mishaps or other major incidents.
These functions include, without limitation, fire-fighting services, police services,
emergency medical services, engineering, warning services, communications, radiological,
and chemical, evacuation, congregate care, emergency transportation, existing or properly
assigned functions of plant protection, temporary restoration of public utility services and
other functions related to civil protection, together with all other activities necessary or
incidental for carrying out of the foregoing functions. Emergency management includes
those activities sometimes referred to as "Civil Defense" or "Emergency Preparedness"
functions.
Subdivision 2. "Disaster" means a situation which creates an immediate and serious
impairment to the health and safety of any person, or a situation which has resulted in or is
likely to result in major loss to property, and for which traditional sources of relief and
assistance within the affected area are unable to repair or prevent the injury or loss.
Subdivision 3. "Emergency" means an unforeseen combination of circumstances which
calls for immediate action to respond, or prevent from developing or occurring.
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Subdivision 4. "Emergency Management Forces" means the total personnel resources
engaged in city level emergency management functions in accordance with the provision of
this resolution or any rule or order thereunder. This includes personnel from City
department, authorized volunteers, and private organizations and agencies.
Subdivision 5. "Emergency Management Organization" means the staff element
responsible for coordinating city-level planning and preparation for disaster response. This
organization provides City liaison and coordination with federal, state and local
jurisdictions relative to disaster preparedness activities, major incidents, mutual aid, and
other projects consistent with this ordinance and assures implementation of federal, state,
county and other program requirements.
Subdivision 6. "Major Incident" means any incident which exhausts local resources.
Subdivision 7. "Emergency Management Mutual Aid" means any disaster or major
incident which requires the dispatching of city personnel, equipment or other necessary
resources within or without the city limits.
Subdivision 8. "Lake Minnetonka Regional Emergency Management, Preparedness
Planning and Review Committee" means a committee made up of the Lake Minnetonka area
emergency management directors which develops, renews and establishes a basic
emergency plan, and identifies and coordinates training for member communities and
reviews local plans, exercises, major incidents and disaster responses which are consistent
with this ordinance.
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ORDINANCE NO. 338
Page 3 of 7
602.03:
ESTABLISHMENT OF AN EMERGENCY MANAGEMENT
ORGANIZA TION
Subdivision 1. There is hereby created with the City government an emergency
management organization which shall be under the supervision and control of the
Emergency Management Director, hereinafter called the "director". The director shall be
appointed by the City Council at its organizational meeting annually. The director shall have
direct responsibility for the organization, administration and operation of the emergency
preparedness organization.
602.04:
POWERS AND DUTIES OF THE DIRECTOR
Subdivision 1. The director shall represent the City on any regional or state conference
for emergency management. The director may develop additional mutual aid agreements
with other political subdivisions of the state for reciprocal emergency management aid and
assistance in an emergency too great to be dealt with unassisted, and shall present such
agreements to the City for its action. Such arrangements shall be consistent with the
Emergency Plan. The director shall also be the City's representative on the Lake
Minnetonka Regional Emergency Management, Preparedness Planning and Review
Committees.
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Subdivision 2. The director shall make assessments of personnel, businesses and
industries, resources and facilities of the City as deemed necessary to determine their
adequacy for emergency management and to plan for their most efficient use in time of an
emergency, major incident or disaster.
Subdivision 3. The director shall work with the City Administrator and Department
Heads in preparing comprehensive emergency plan for the emergency preparedness of the
City and shall present such plan to the City for its approval. When the Council has
approved the plan by resolution, it shall be the duty of all City agencies and all emergency
preparedness forces of the City to perform the duties and functions assigned by the plan as
approved. The plan may be modified in like manner from time to time. The director shall
coordinate the basic emergency management activities of the City to the end that they shall
be consistent and fully integrated with the basic emergency plan of the Lake Minnetonka
Regional Emergency Management, Preparedness Planning and Review Committee, and
Federal and State Governments. The Director shall coordinate efforts with the City
Administrator and train and work with City Staff to maximize efficiency of emergency
operations.
Subdivision 4. In accordance with the Emergency Plan, the director shall institute such
training programs, public information programs and conduct practice warning alerts and
emergency exercises as may be necessary to assure prompt and effective operation of the
Emergency Plan when a disaster, major incident or mutual aid occ]Jrs.
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ORDINANCE NO. 338
Page 4 of 7
Subdivision 5. The director, during an emergency, major incident or mutual aid, shall
utilize the personnel, services, equipment, supplies and facilities of existing departments
and agencies of the City to the maximum extent practicable. The officers and personnel of
all such departments and agencies shall be, to the maximum extent practicable, cooperative
with and extend such services and facilities to the Emergency Management organization.
The head of each department or agency in cooperation with the director shall be responsible
for the planning and programming of such emergency activities as will involve the
utilization of the facilities of the department or agency.
Subdivision 6. The director shall, in cooperation with the existing departments and
agencies affected, assist in the organizing, recruiting and training of such emergency
management personnel, that may be required on a volunteer basis to carry out the
emergency plans. To the extent that such emergency personnel are recruited to augment a
regular department or agency for emergencies, they shall be assigned to such departments
or agencies and shall be under the administration and control of said department or agency.
Subdivision 7. The director shall carry out all orders, rules and regulations issued by the
governing authority with reference to emergency management.
Subdivision 8. The director shall prepare and submit such reports on emergency
preparedness activities as may be requested by the governing authority.
602.05:
LOCAL EMERGENCIES
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Subdivision 1. A local emergency, including a disaster, major incident or mutual aid
response, may be declared by the Mayor, or their legal successors. It shall not be continued
for a period in excess of three days except by or with the consent of the governing board of
the political subdivision. Any order, or proclamation declaring, continuing, or terminating a
local emergency shall be given prompt and general publicity and shall be filed promptly by
the clerk of the local records-keeping agency of the subdivision. An emergency meeting of
the City Council shall be called as soon as practical to confirm the local emergency
declaration.
Subdivision 2. A declaration focal emergency shall invoke necessary portions of the
response and recovery aspects of applicable plans including fiscal expenditures which are
consistent with this ordinance.
Subdivision 3. No other jurisdictional agency or official may declare a local emergency
unless expressly authorized by the agreement under which the agency functions.
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ORDINANCE NO. 338
Page 5 of 7
602.06:
EMERGENCY REGULATIONS
Subdivision 1. Whenever necessary to meet a declared emergency or to prepare for such
an emergency for which adequate regulations have not been adopted by the Governor or the
City Council, the Council may by resolution promulgate regulations, consistent with the
applicable federal or state law or regulation, respecting: the conduct of persons and the use
of property during emergencies; the repair, maintenance, and safeguarding of essential
public services, emergency health, fire, and safety regulation, drills, or practice periods
required for preliminary training, and all other matters which are required to protect public
safety, health, and welfare in declared emergencies.
Subdivision 2. Every resolution of emergency regulations shall be in writing: shall be
dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be
filed in the office of the City Administrator, which copy shall be kept posted and available
for public inspection during business hours. Notice of the existence of such regulation and
its availability for inspection at the Administrator's Office shall be conspicuously posted at
the front of the city hall or other headquarters of the City or at such other places in the
affected are as the Council shall designate in the resolution. By like resolution, the Council
may modify or rescind any such regulation.
Subdivision 3. The City Council may rescind any such regulation by resolution at any
time. If not sooner rescinded, every such regulation shall expire at the end of 30 days after
its effective date or at the end of the emergency to which it relates, whichever comes first.
Any resolution, rule or regulation inconsistent with an emergency regulation promulgated
by the Council shall be suspended during the period of time and to the extent such conflict
exists.
Subdivision 4. During a declared emergency, the director is, notwithstanding any
statutory or charter provision on the contrary, empowered through its governing body
acting within or without the corporate limits of the City, to enter into contracts and incur
obligations necessary to combat such disaster by protecting the health and safety of persons
and property and providing emergency assistance to the victims of such disaster. The
director may exercise such powers in the light of the exigencies of the disaster without
compliance with the time-consuming procedures and formalities prescribed by law
pertaining to the performance of public work, entering rental equipment agreements,
purchase of supplies and materials, limitations upon tax levies, and the appropriation and
expenditure of public funds including, but not limited to, publication of resolutions,
publication of call for bids, provisions of personnel laws and rules, provisions relating to
low bids, and requirements for budgets.
602.07:
EMERGENCY MANAGEMENT A GOVERNMENTAL
FUNCTION
Subdivision 1. All functions thereunder and all other activities relating to emergency
management are hereby declared to be governmental functions. The provisions of this
section shall not affect the right of any person to receive benefits to which he would
otherwise be entitled under this resolution or under the worker's compensation law, or
under any pension law, nor the right of any such person to receive any benefits or
compensation under any act of Congress.
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ORDINANCE NO. 338
Page 6 of 7
602.08:
PARTICIPATION IN LABOR DISPUTE OR POLITICS
Subdivision 1. The emergency management organization shall not participate in any form
of political activity, nor shall it be employed directly or indirectly for political purposes, nor
shall it be employed in a labor dispute. The director may express professional opinions on
legislative or other legal regulations consistent with the areas found in Minnesota Statutes,
Chapter 12.
602.09:
AUTHORIZING DISPATCH AND USE OF CITY
EQUIPMENT AND SERVICES BY THE DIRECTOR IN
EMERGENCY SITUATIONS (MUTUAL AID)
Subdivision 1. The City finds it desirable and necessary to authorized the director to
dispatch City equipment and personnel to local communities who request aid to combat
their emergency, disaster, or major incident consistent with this ordinance, and Section 4,
Subdivision 5.
.
Subdivision 2. The director shall evaluate the internal needs of the City, and dispatch
appropriate available aid. The director shall immediately recall, order and terminate the use
of any dispatched equipment and personnel when the need for their use no longer exists, or
earlier, when it appears in the best interest of the City. Aid requested from outside the Lake
Minnetonka Regional area, or extended local aid within the Lake Minnetonka Regional
area, shall require mutual agreement between the director and the city
Manager/Administrator or their designee.
Subdivision 3. The director shall be fully authorized as an act of the City, and all
provisions for compensation of personnel, rental of equipment, liability insurance
coverage, workman's compensation insurance and all other safeguards and matters
pertaining to the City, its equipment and personnel, shall apply in each case as if
specifically authorized and directed at such time, whether or not the governing body or
authority of the place in which the disaster, major incident, mutual aid, or other occurrence
exists, has previously requested and provided for assistance and the use of equipment and
personnel under a mutual protection agreement or other type protection agreement within
the City.
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/ "...., . , ...
ORDINANCE NO. 338
. Page 7 of 7
Section 2. This Ordinance shall be in full force and effect from and enter its passage and
publication.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD, MINNESOTA, this 24th day of August, 1998.
/~/~
TOM DAHLBE
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"of
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CITY OF SHOREWOOD
ORDINANCE NO. 339
AN ORDINANCE RELATING TO THE PUBLIC HEALTH,
SAFETY, MORALS AND GENERAL WELFARE; REGULATING
ADULT USE ESTABLISHMENTS AND AMENDING
SHOREWOOD CITY CODE BY ADDING A NEW CHAPTER 309
AND A NEW CHAPTER 509
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS
FOLLOWS:
Section 1. Title 300 of the Shorewood Code of Ordinances is hereby amended by adding a new
chapter as follows:
CHAPTER 309
ADULT ESTABLISHMENTS
309.01: FINDINGS AND PURPOSE: Studies conducted by the Minnesota Attorney
General, the American Planning Association, and cities such as St. Paul, Minnesota; Indianapolis,
Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Rochester, Minnesota; Phoenix, Arizona; Los
Angeles, California; and Seattle, Washington have studied the impacts that adult establishments
have in those communities. These studies have concluded that adult establishments have adverse
impacts on the surrounding neighborhoods. These impacts include increased crime rates, lower
property values, increased transiency, neighborhood blight, and potential health risks. Based on
these studies and findings, the City Council concludes:
Subd. 1.
Adult establishments have adverse secondary impacts of the types set forth above.
Subd. 2
The adverse impacts caused by adult establishments tend to diminish if adult
establishments are governed by geographic, licensing, and health requirements.
Subd. 3.
It is not the intent of the City Council to prohibit adult establishments from having a
reasonable opportunity to locate in the city.
Subd. 4
Minnesota Statutes, section 462.357 and section 412.221 allow the City to adopt
regulations to promote the public health, safety, morals and general welfare.
Subd. 5.
The public health, safety, morals and general welfare will be promoted by the city
adopting regulations governing adult establishments.
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309.02:
Subd. 1.
Subd. 2.
DEFINITIONS: For purposes of this chapter, the following terms have the
meanings given them.
"Adult Establishment" means:
a. any business that is conducted exclusively for the patronage of adults and
that excludes minors from patronage, either by operation of law or by the
owners of the business, except any business licensed under Title 400 of this
Code;
b. any business that devotes 25% or more of its floor area (not including
storerooms, stock areas, bathrooms, basements, or any portion of the
business not open to the public) to or derives 25% or more of its revenues
from, items, merchandise, devices or other materials distinguished or
characterized by an emphasis on material depicting, exposing, simulating,
describing, discussing, or relating to Specified Sexual Activities or Specified
Anatomical Areas; or
c. any business that engages in any Adult Use as defined in Subd. 2. of this
chapter.
An "Adult Use" is any of the following activities or businesses:
a.
"Adult Body Painting Studio" means an establishment or business that
provides the service of applying paint, ink, or other substance, whether
transparent or non-transparent, to the body of a patron when the person is
nude.
b. "Adult Bookstore" means an establishment or business used for the barter,
rental, or sale of items consisting of printed matter, pictures, slides, records,
audio tape, videotape, or motion picture film if: (1) the business is not open
to the public generally but only to one or more classes of the public, exclud-
ing any minor by reason of age; or (2) 25% or more of the floor area of the
business (not including storerooms, stock areas, bathrooms, basements, or
any portion of the business not open to the public) is devoted to, or 25% or
more of the revenue of the business is derived from, items, merchandise, or
other materials distinguished or characterized by an emphasis on material
depicting, exposing, describing, discussing, or relating to Specified Sexual
Activities or Specified Anatomical Areas.
c.
"Adult Cabaret" means a business or establishment that provides dancing or
other live entertainment distinguished or characterized by an emphasis on:
(1) the depiction of Specified Sexual Activities or Specified Anatomical
Areas; or (2) the presentation, display, or depiction of matter that seeks to
evoke, arouse, or excite sexual or erotic feelings or desire.
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d.
"Adult Companionship Establishment" means a business or establishment
that excludes minors by reason of age, and that provides the service of
engaging in or listening to conversation, talk, or discussion distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
e. "Adult Conversation/Rap Parlor" means a business or establishment that
excludes minors by reason of age, and that provides the services of engaging
in or listening to conversation, talk, or discussion distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
f. "Adult Health/Sport Club" means a health/sport club that excludes minors
by reason of age, and that is distinguished or characterized by an emphasis
on Specified Sexual Activities or Specified Anatomical Areas.
g. "Adult Hotel or Motel" means a hotel or motel that excludes minors by
reason of age, and that presents material distinguished or characterized by an
emphasis on matter depicting, describing, or relating to Specified Sexual
Activities or Specified Anatomical Areas.
h.
"Adult Massage ParlorlHealth Club" means a massage parlor or health club
that excludes minors by reason of age, and that provides massage services
distinguished or characterized by an emphasis on Specified Sexual Activities
or Specified Anatomical Areas.
.
1. "Adult Mini-Motion Picture Theater" means a business or establishment
with a capacity of less than 50 persons that presents material distinguished
or characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
J. "Adult Modeling Studio" means a business or establishment that provides
figure models who, with the intent of providing sexual stimulation or sexual
gratification, engage in Specified Sexual Activities or display Specified
Anatomical Areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted.
k. "Adult Motion Picture Arcade" means any place to which the public is
permitted or invited where coin or slug-operated or electronically,
electrically, or mechanically controlled or operated still or motion picture
machines, projectors, or other image-producing devices are used to show
images to five or fewer persons per machine at anyone time, and where the
images so displayed are distinguished or characterized by an emphasis on
depicting or describing Specified Sexual Activities or Specified Anatomical
Areas.
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Subd.3.
Subd. 4.
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1.
"Adult Motion Picture Theater" means a motion picture theater with a
capacity of 50 or more persons that as a prevailing practice excludes minors
by reason of age or that as a prevailing practice presents material
distinguished or characterized by an emphasis on Specified Sexual Activities
or Specified Anatomical Areas for observation by patrons.
m. "Adult Novelty Business" means an establishment or business that devotes
25% or more of its floor area (not including storerooms, stock areas,
bathrooms, basements, or any portion of the business not open to the public)
to, or derives 25% or more of its revenues from items, merchandise, or
devises that either simulate Specified Sexual Activities or Specified
Anatomical Areas or are designed for sexual stimulation.
n. "Adult Sauna" means a sauna that excludes minors by reason of age, and
that provides a steam bath or heat bathing room used for the purpose of
bathing, relaxation, or reducing, if the service provided by the sauna is
distinguished or characterized by an emphasis on Specified Sexual Activities
or Specified Anatomical Areas.
o.
"Adult Steam RoomlBathhouse Facility" means a building or portion of a
building used for providing a steam bath or heat bathing room used for the
purpose of pleasure, bathing, relaxation, or reducing, if the building or
portion of a building restricts minors by reason of age and if the service
provided by the steam roomlbathhouse facility is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified
Anatomical Areas.
"Nude or Specified Anatomical Areas" means:
a. Less than completely and opaquely covered human genitals, pubic regions,
buttocks, anuses, or female breasts below a point immediately above the top
of the areola; and
b. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
"Specified Sexual Activities" means:
a. Actual or simulated: sexual intercourse; oral copulation; anal intercourse;
oral-anal copulation; bestiality; direct physical stimulation of unclothed
genitals; flagellation or torture in the context of a sexual relationship; the use
of excretory functions in the context of a sexual relationship; anilingus;
buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia;
pederasty; pedophilia; piquerism; sapphism; or zooerastia;
b.
Clearly depicted human genitals in the state of sexual stimulation, arousal,
or tumescence;
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c.
Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation;
d. Fondling or touching of nude human genitals, pubic regions, buttocks, or
female breasts;
e. Situations involving a person or persons, any of whom are nude, who are
clad in undergarments or in sexually revealing costumes and engaged in the
flagellation, torture, fettering, binding, or other physical restraint of any
person;
f. Erotic or lewd touching, fondling, or other sexually oriented contact with an
animal by a human being; or
g. Human excretion, urination, menstruation, or vaginal or anal irrigation.
309.03
Location.
An Adult Establishment may not be located within 200 (two hundred) feet of: any
residentially-zoned property boundary; or any church site, school site, day care facility, park, or
within 10 (ten) feet of a business licensed under Title 400 of this Code. An Adult Establishment
may not be located within 200 (two hundred) feet of another Adult Establishment. For purposes of
this chapter, this distance is a horizontal measurement from the main public entrance of the Adult
Establishment to: the nearest point of a residentially-zoned property boundary; the property line of
a church site, school site, day care facility, park, or business licensed under Title 400 of this code;
and the main public entrance of another Adult Establishment.
309.04
Hours of Operation.
An Adult Establishment may not be open to the public between the hours of 10:00 p.m. and
8:00 a.m.
309.05
Additional Conditions for Adult Cabarets.
The following additional conditions apply to adult cabarets:
Subd. 1
An owner, operator, or manager of an adult cabaret may not allow any dancer or
other live entertainer to display Specified Anatomical Areas or to display or perform
Specified Sexual Activities on the premises of the Adult Cabaret;
Subd.2
A dancer, live entertainer, performer, patron, or any other person may not display
Specified Anatomical Areas in an Adult Cabaret;
Subd.3
The owner, operator, or manager of an adult cabaret must provide the following
information to the city concerning any person who dances or performs live
entertainment at the adult cabaret: The person's name, home address, home
telephone number, date of birth, and any aliases;
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Subd.4
Subd.5
Subd.6
Subd. 7
Subd.8
Subd.9
309.06
Subd. 1
Subd.2
A dancer, live entertainer, or performer may not be under 18 years old;
Dancing or live entertainment must occur on a platform intended for that purpose
and that is raised at least two feet from the level of the floor;
A dancer or performer may not perform a dance or live entertainment closer than ten
feet from any patron;
A dancer or performer may not fondle or caress any patron and no patron may
fondle or caress any dancer or performer;
A patron may not payor give any gratuity to any dancer or performer; and
A dancer or performer may not solicit or accept any payor gratuity from any patron.
License Required.
A person may not own or operate an Adult Establishment without having first
secured a license as provided for in this chapter. Notwithstanding any other
provision of this code to the contrary, the procedures set forth in this chapter
establish the exclusive method for obtaining an adult establishment license.
The application for an Adult Establishment license must be submitted on a form
provided by the City and must include:
a. If the applicant is an individual, the name, residence, phone number, and
birth date of the applicant. If the applicant is a partnership, the name,
residence, phone number, and birth date of each general and limited partner.
If the applicant is a corporation, the names, residences, phone numbers, and
birth dates of all persons holding more than five percent of the issued and
outstanding stock of the corporation;
b. The name, address, phone number, and birth date of the operator and
manager of the Adult Establishment, if different from the owner's;
c. The address and legal description of the premises where the Adult
Establishment is to be located;
d.
A statement detailing any gross misdemeanor or felony convictions relating
to sex offenses, obscenity, or the operation of an Adult Establishment or
adult business by the applicant, operator, or manager, and whether or not the
applicant, operator or manager has ever applied for or held a license to
operate a similar type of business in another community. In the case of a
corporation, a statement detailing any felony convictions by the owners of
more than five percent of the issued and outstanding stock of the
corporation, and whether or not those owners have ever applied for or held a
license to operate a similar type of business in another community;
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Subd.3
e.
The activities and types of business to be conducted;
f. The hours of operation;
g. The provisions made to restrict access by minors; and
h. A building plan of the premises detailing all internal operations and
activities.
The license fee provisions for Adult Establishments are as follow:
a. The annual license fee is set by Council resolution.
b. An application for a license must be submitted to the City Clerk and
accompanied by payment of the required license fee. Upon rejection of an
application for a license, the City will refund the license fee.
c. Licenses will expire on December 31 in each year. Each license will be
issued for a period of one year, except that if a portion of the license year
has elapsed when the application is made, a license may be issued for the
remainder of the year for a pro rated fee. In computing a pro rated fee, any
unexpired fraction of a month will be counted as one month.
d.
No part of the fee paid by any license will be refunded, except that a pro rata
portion of the fee will be refunded in the following instances upon
application to the City Council within 30 days from the happening of one of
the following events, provided that the event occurs more than 30 days
before the expiration of the license:
(i) Destruction or damage of the licensed premises by fire or
other catastrophe;
(ii) The licensee's illness, if such illness renders the licensee
unable to continue operating the licensed Adult
Establishment;
(iii) The licensee's death; or
(iv) A change in the legal status making it unlawful for the
licensed business to continue.
e.
An application must contain a provision in bold print indicating that
withholding information or providing false or misleading information will
be grounds for denial or revocation of a license. Changes in the information
provided on the application or provided during the investigation must be
brought to the attention of the City Council by the applicant or licensee. If
such a change takes place during the investigation, it must be reported to the
police chief or the City Clerk in writing and they will report it to the City
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Subd.4
Subd.5
Subd.6
Council. A failure by an applicant or licensee to report such a change may
result in a denial or revocation of a license.
The investigative fee for an Adult Establishment license is established by City
Council resolution.
The procedures for granting an Adult Establishment license are as follow:
a. The Chief of Police will conduct and complete an investigation within 30
days after the City Clerk receives a complete application and all license and
investigative fees.
b. If the application is for a renewal, the applicant will be allowed to continue
business until the City Council has determined whether to renew or refuse to
renew a license.
c. If, after the investigation, it appears that the applicant and the place proposed
for the business are eligible for a license, then the license will be issued by
the City Council within 30 days after the investigation is completed. If the
City Council fails to act within 30 days after the investigation is completed,
the application will be deemed approved.
d.
A license will be issued to the applicant only and is not transferable to
another holder. Each license will be issued only for the premises described
in the application. A license may not be transferred to another premise
without the approval of the City Council. If the licensee is a partnership or a
corporation, a change in the identity of any partner or holder of more than
five percent of the issued and outstanding stock of the corporation will be
deemed a transfer of the license. Adult Establishments existing at the time
of the adoption of this chapter must obtain an annual license.
A license will not be granted to or held by a person who:
a. Is under 21 years of age;
b. Who is overdue or whose spouse is overdue in payments to the city, county,
or state of taxes, fees, fines or penalties assessed against them or imposed
upon them;
c. Who has been convicted or whose spouse has been convicted of a gross
misdemeanor or felony or of violating any law of this state or local
ordinance relating to sex offenses, obscenity offenses, or Adult
Establishments;
d.
Who is not the proprietor of the establishment for which the license is
issued;
f. Who is residing with a person who has been denied a license by the City or
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Subd. 7
Subd.8
Subd.9
Subd. 10
Subd.11
Subd. 12
Subd. 13
Subd. 14
Subd. 15
any other Minnesota municipal corporation to operate an Adult
Establishment, or residing with a person whose license to operate an Adult
Establishment has been suspended or revoked within the preceding twelve
(12) months; or
g.
Who has not paid the license and investigative fees required by this chapter.
An Adult Establishment license will not be granted for:
a. Any Adult Establishment on premises where the applicant or any of its
officers, agents or employees has been convicted of a violation of this
article, or where a license hereunder has been revoked for cause, until one
(1) year has elapsed after the conviction or revocation;
b. Any Adult Establishment that is not in full compliance with the City Code
and all provisions of state and federal law; or
c. Any premises that are licensed under Title 400 of this code.
A license is subject to the provisions of this article, and of any applicable chapters of
the City Code and all provisions of state and federal law .
Licensed premises must have the license posted in a conspicuous place at all times.
A minor may not be permitted on the licensed premises.
Any designated inspection officer of the City has the right to enter, inspect, and
search the premises of a licensee during business hours.
The licensee is responsible for the conduct of the licensed place of business and
must maintain conditions of order.
Adult goods or materials may not be offered, sold, transferred, conveyed, give~ or
bartered to a minor, or displayed in a fashion that allows them to be viewed by a
minor, whether or not the minor is on the licensed premises.
The licensee must keep itemized written records of all transactions involving the
sale or rental of all items or merchandise for at least one year after the transaction.
At a minimum, those records must describe the date of the transaction, a description
of the transaction, the purchase price or rental price, and a detailed description of the
item or merchandise that is being purchased or rented. These written records must
be provided to the City upon request.
Suspensions, revocations, and nonrenewals of Adult Establishment licenses are
governed by the following provisions:
a.
A violation of this article is a basis for the suspension or revocation of a
license granted hereunder. In the event that the City Council proposes to
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revoke or suspend the license, the licensee must be notified in writing of the
basis for such proposed revocation or suspension. The Council will hold a
hearing for the purpose of determining whether to revoke or suspend the
license. The hearing must be within 30 days of the date of the notice. The
City Council must determine whether to suspend or revoke a license within
30 days after the close of the hearing or within 60 days of the date of the
notice, whichever is sooner. the Council must notify the licensee of its
decision within that period.
b.
If the Council determines to suspend or revoke a license, the suspension or
revocation is not effective until 15 days after notification of the decision to
the licensee. If, within that 15 days, the licensee files and serves an action in
state or federal court challenging the council's action, then the suspension or
revocation is stayed until the conclusion of such action.
c.
If the City Council determines not to renew a license, the licensee may
continue its business for 15 days after receiving notice of such non-renewal.
If the licensee files and serves an action in state or federal court within that
15 days for the purpose of determining whether the City acted properly, the
licensee may continue in business until the conclusion of the action.
d.
If the City Council does not grant a license to an applicant, then the
applicant may commence an action in state or federal court within 15 days
for the purpose of determining whether the City acted properly. The
applicant may not commence doing business unless the action is concluded
in its favor.
Section 2. Title 500 of the Shorewood Code of Ordinances is hereby amended by adding a new
chapter as follows:
Chapter 509
PREMISES CONDUCIVE TO HIGH-RISK SEXUAL CONDUCT
509.01
Findings and Purpose Conduct.
The City Council of the City of Shorewood makes the following findings regarding the
need to regulate commercial premises, buildings, and structures that are conducive to the spread of
communicable disease of danger to persons in order to further the substantial interest of public
health:
Subd. 1.
The experience of other cities establishes that certain commercial premises,
buildings, and structures, or parts thereof, by reason of the design and use of such
premises, buildings, or structures are conducive to the spread of communicable
disease of danger to persons frequenting such premises, buildings, or structures, as
well as to the general public, and that the risk of spreading infectious and contagious
diseases can be minimized by regulating such commercial premises, buildings, and
structures.
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Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5.
Subd. 6.
509.02
Subd. 1.
Subd. 2.
The experience of other cities where such commercial premises, buildings, and
structures are present indicates that the risk of spreading the sexually transmittable
disease of Acquired Immune Deficiency Syndrome (AIDS) is increased by the
presence of such premises, buildings, and structures, because the design or use of
such premises, buildings, and structures, or parts thereof can facilitate high-risk
sexual conduct.
Medical publications of the Center for Disease Control of the United States
Department of Health and Human Services indicate that the sexually transmittable
disease of AIDS is currently irreversible and uniformly fatal. Medical research has
further established that the risk factors for obtaining or spreading AIDS are
associated with high risk sexual conduct.
Certain commercial premises, buildings, and structures, or parts thereof, by reason
of their design and use, are conducive to high-risk sexual conduct and hence the
spread of communicable disease, and that the risk of spreading infectious and
contagious diseases can be minimized by regulating these commercial premises,
buildings, and structures.
The public health, safety, morals and general welfare will be promoted by the City
adopting regulations governing commercial premises, buildings, and structures
conduce to high-risk sexual conduct.
The purpose of these regulations is to prescribe regulations governing commercial
premises, buildings, and structures that are conducive, by virtue of design and use,
to high-risk sexual conduct which can result in the spread of sexually transmitted
diseases to persons frequenting such premises, buildings, and structures.
Definitions.
For purposes of this chapter, the following terms have the meanings given them.
"Booths, stalls, or partitioned portions of a room or individual room" means (i)
enclosures specifically offered to persons for a fee or as an incident to performing
high-risk sexual conduct, or (ii) enclosures which are part of a business operated on
the premises which offers movies or other entertainment to be viewed within the
enclosure, including enclosures wherein movies or other entertainment is dispensed
for a fee, but does not include enclosures that are private offices used by the owners,
managers or persons employed by the premises for attending to the tasks of their
employment, and which are not held out to the public or members of the
establishment for hire or for a fee or for the purpose of viewing movies or other
entertainment for a fee, and are not open to any persons other than employees.
"Doors, curtains or portal partitions" means full, complete, non-transparent closure
devices through which one cannot see or view activity taking place within the
enclosure.
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Subd. 3.
Subd. 4.
Subd.5.
Subd. 6.
509.03
Subd. 1.
Subd. 2.
509.04
"Hazardous site" means any commercial premises, building or structure, or any part
thereof, which is a site of high-risk sexual conduct as defined herein.
"High-risk sexual conduct" means (i) fellatio; (ii) anal intercourse; or (iii) vaginal
intercourse with persons who engage in sexual acts in exchange for money.
"Open to an adjacent public room so that the area inside is visible to persons in the
adjacent public room" means either the absence of any entire "door, curtain or portal
partition" or a door or other device which is made of clear, transparent material such
as glass, plexiglass or other similar material meeting building code and safety
standards, which permits the activity inside the enclosure to be entirely viewed or
seen by persons outside the enclosure.
"Public health official" means an agent or employee of the city, county, or state
charged with the enforcement of the state or local health laws.
Public Health Regulations.
A commercial building, structure, premises or part thereof, or facilities therein may
not be constructed, used, designed or operated in the city for the purpose of
engaging in, or permitting persons to engage in, sexual activities which include
high-risk sexual conduct.
It is unlawful to own, operate, manage, rent, lease, or exercise control of a
commercial building, structure, premises, or portion or part thereof in the city, that
contains:
a. Partitions between subdivisions of a room, portion or part of a building,
structure or premises having an aperture which is designed or constructed to
facilitate sexual activity, including but not limited to vaginal intercourse,
anal intercourse, or fellatio, between persons on either side of the partition.
b. "Booths, stalls, or partitioned portions of a room or individual room" as
defined herein which have "doors, curtains or portal partitions" as defined
herein unless the booths, stalls or partitioned portions of a room or
individual room have at least one side open to an adjacent public room so
that the area inside is visible to persons in the adjacent public room as
defined herein. Booths, stalls or partitioned portions of a room or individual
room that are so open to an adjacent public room must be lighted in a
manner that the persons in the area used for viewing motion pictures or other
forms of entertainment are visible from the adjacent public rooms, but such
lighting need not be of such intensity as to prevent the viewing of the motion
pictures or other offered entertainment.
Exceptions.
The regulations set forth in this chapter do not apply to premises, buildings, or structures
that are lawfully operating and licensed as hotels, motels, apartment complexes, condominiums,
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townhomes, or boarding houses which are subject to other general health and sanitation
requirements under state and local law .
509.05
Health Enforcement Powers.
Subd. 1.
In exercising powers conferred by this or any other chapter of this code relating to
communicable diseases, the Public Health Official is to be guided by the most
recent instructions, opinions and guidelines of the Center for Disease Control of the
United States Department of Health and Human Services that relate to the spread of
infectious diseases.
Subd. 2.
In order to ascertain the source of infection and reduce its spread, the Public Health
Official, and persons under the Public Health Official's direction and control, may
inspect or cause to be inspected, and to issue orders regarding any commercial
building, structure or premises, or any part thereof, that may be a site of high-risk
sexual conduct. If the Public Health Official determines that a hazardous site as
defined herein exists, the Public Health Official will declare it to be a public health
hazard and public health nuisance and will:
a. Notify the manager, owner, or tenant of the hazardous site that the Public
Health Official has reasonable belief that the premises, building or structure
is a hazardous site as defined herein,
.
b.
Issue two written warnings at least ten days apart to the manager, owner, or
tenant of the premises stating the specific reasons for the Public Health
Official's opinion that the premises, building, or structure is a hazardous site
as defined herein,
c. Once such notices and warnings have been issued, the Public Health Official
must proceed as follows:
.
(i)
After the manager, owner or tenant of the premises has been
notified in writing as to the basis of the Public Health
Official's determination, the manager, owner or tenant will
have ten days from the date of the last warning to request a
hearing before the Public Health Official or the Public Health
Official's appointee for the determination as to the existence
of such hazardous site. If the manager, owner or tenant of
the premises does not request a hearing within ten days of the
date of the last warning notice, the Public Health Official
will then cause the premises to be posted with a warning
advising the public that the premises have been declared a
hazardous site and the Public Health Official will cause
orders to be issued to the manager, owner or tenant of the
premises constituting the hazardous site to take specified
corrective measures to prevent high-risk sexual conduct from
taking place within the premises.
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(ii) If the manager, owner, or tenant of the premises requests a
hearing, the hearing will be held before the Public Health
Official or the Public Health Official's appointee at a date not
more than 30 days after demand for a hearing. After
considering all evidence, the Public Health Official or the
Public Health Official's appointee will make a determination
as to whether the premises constitute a hazardous site, as
defined herein and issue a decision based upon all hearing
evidence presented. If the Public Health Official or the
Public Health Official's appointee makes a determination that
the premises constitute a hazardous site, the Public Health
Official will then issue orders to the manager, owner, or
tenant of the premises to take corrective measures to prevent
high-risk sexual conduct from taking place within the
premises and cause the premises to be posted with a warning
advising the public that the premises have been declared a
hazardous site.
.
(iii) If, within 30 days after issuance of the orders to the manager,
owner, or tenant of the hazardous site, the Public Health
Official determines that such corrective measures have not
been undertaken, the Public Health Official: may order the
abatement of the hazardous site as a public nuisance, which
may be enforced by mandatory or prohibitory injunction in a
court of competent jurisdiction; or, may secure a court order
for the closure of the premises constituting the hazardous site
until the premises, building, or structure is in compliance
with all provisions of this code.
509.06
Criminal Penalties.
A person violating any provision of this article or any person who removes, destroys or
defaces warnings posted on premises by the Public Health Official pursuant to this chapter shall be
guilty of a misdemeanor.
Section 3. This ordinance shall take effect on the day following its publication. Adopted this 24th
day of August, 1998.
ATTEST:
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. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO. 340
AN ORDINANCE ESTABLISHING A CHARGE FOR ADULT USE
ESTABLISHMENT APPLICATION; AMENDING SHOREWOOD CITY
CODE SECTION 1301.02
THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA,
ORDAINS that the City Code of the City of Shorewood is amended as follows:
Section 1. Those parts of the Table in Shorewood City Code Section 1301.02 shown
below are amended as follows:
I. TYPE OF
CHARGEIFEE
CITY CODE CHARGE/FEE
REFERENCE
Adult Use License
Basic Investigative Fee*
Adult Use Facility License
309 $500
$1675+
$50/video booth or stall
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA, this 14th day of September, 1998.
ATTEST
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CITY OF SHOREWOOD
ORDINANCE NO. _341_
AN ORDINANCE AMENDING CHAPTER 308 OF THE
SHOREWOOD CITY CODE RELATING TO TRANSIENT SELLING
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1:
Section 308.02 Subd. 2. of the Shorewood City Code is hereby amended to read:
"GARAGE SALES: Any isolated or occasional display and sale of used personal property
or home-crafted items conducted on residential premises by the occupant of the residential
property, or the display and sale of such items or seasonal goods or merchandise on the
premises of a church. Garage sales shall include rummage sales, basement sales, yard
sales, porch sales, craft sales and all other periodic sales at a residential location or church."
Section 2:
Section 308.04 Subd. 3.a. of the Shorewood City Code is hereby amended to read:
"a. None of the items offered for sale shall have been obtained for resale or received on
consignment for sale, except for the display and sale of seasonal goods and merchandise on
the premises of a church."
Section 3:
Section 308.04 Subd. 3.d. of the Shorewood City Code is hereby amended to read:
"d. No garage or rummage sale shall be conducted during any part of more than three (3)
consecutive days, except that the display and sale of seasonal goods and merchandise on
the premises of a church shall not exceed thirty (30) consecutive days.:
Section 4:
Section 308.04 Subd. 3. of the Shorewood City Code is hereby amended to add:
"g. The display or sale of seasonal goods or merchandise on the premises of a church shall
not take up required parking as provided for in Section 1201.03 Subd. 5. of this Code and
shall comply with setback requirements for the zoning district in which the property is
located."
Section 5: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 14th day of September 1998.
'~ CuP
Tom Dahlberg, Mayor
ATTEST:
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ORDINANCE NO. 342
AN ORDINANCE AMENDING CHAPTER 1201 OF THE
SHOREWOOD CITY CODE RELATING TO ZONING REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.22, Subd. 2. of the Shorewood City Code is hereby amended to add the
following:
"c. Adult establishments, subject to the requirements of Chapter 309 and Chapter 509 of
the City Code, as may be amended."
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 28th day of September 1998.
. ATTEST:
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Ja
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CITY OF SHOREWOOD
ORDINANCE NO. ~
AN ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE
RELA TING TO ZONING REGULATIONS
FOR HOME OCCUPATION PERMITS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1: Section 1201.03 Subd. 12.a. of the Shorewood City Code is hereby amended to
read:
a. Purpose: The primary purpose of this Subdivision is to provide a means through
establishment of specific standards and procedures by which home occupations can be
conducted in residential neighborhoods without jeopardizing the health, safety and
general welfare of the surrounding neighborhood. It is further intended that businesses
which may be allowed within residential districts should not gain an unfair economic
advantage over businesses located in districts zoned for business uses. In addition, this
subdivision is intended to provide a mechanism enabling the distinction between limited
home occupations and special home occupations, so that limited home occupations may
be allowed as accessory uses within residential zoning.
Section 2: Section 1201.03 Subd. 12.c.(1) of the Shorewood City Code is hereby amended to
read:
c. Procedures and Permitsl:
(1) Limited Home Occupation: Any home occupation, as defined in this Code and
which qualifies as a limited home occupation: under Section d.(2) of this Subdivision,
shall be allowed as accessory uses in all residential zoning districts. Limited home
occupations are allowed without a permit, but shall comply with all other applicable
provisions of this Code.
Section 3: Section 1201.03 Subd. 12.c.(2) of the Shorewood City Code is hereby amended to
read:
(2) Special Home Occupation: Any home occupation which does not meet the
specific requirements for a limited home occupation as set forth in Section d.(2) of this
Subdivision shall require a "special home occupation permit" which shall be applied for,
reviewed and disposed of in accordance with the conditional use provisions of Section
1201.04 of this Ordinance.
Section 4: Section 1201.03 Subd. 12.c.(4) of the Shorewood City Code is hereby amended to
read:
(4) Effect of Permit: A special home occupation permit may be issued for a period
of one year after which the permit may be reissued for periods of up to three (3) years
.
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each. Each application for permit renewal shall, however, be processed in accordance
with the procedural requirements of the initial special home occupation permit, except
that notice of a public hearing need not be published in the official City newspaper.
Section 5: Section 1201.03 Subd. 12.c.(6) of the Shorewood City Code is hereby amended to
read:
(6) Lapse of Special Home Occupation Permit by Nonuse: Whenever, within one
year after granting a permit, the use as approved by the permit shall not have been
initiated, then such permit shall become null and void unless a petition for extension of
time in which to complete the work has been granted by the City Council. Such extension
shall be requested in writing and filed with the Zoning Administrator at least thirty (30)
days before the expiration of the original permit. There shall be no charge for the filing of
such petition. The request for extension shall state facts showing a good faith attempt to
initiate the use. Such petition shall be presented to the Planning Commission for a
recommendation and to the City Council for a decision.
Section 6: Section 1201.03 Subd. 12.d. of the Shorewood City Code is hereby amended to
read:
d. Requirements - General Provisions: All home occupations shall comply with the
following general provisions and according to classification, the applicable requirement
provisions.
Section 7: Section 1201.03 Subd. 12.d.(2)(c) of the Shorewood City Code is hereby amended
to read:
(2) Requirements - Limited Home Occupations:
(c) Examples of limited home occupations include but are not limited to: art
studio, dressmaking, secretarial services, professional offices and teaching with
musical, dancing and other instructions which consist of no more than one pupil at
a time. None of the above shall service more than one person in the home at a
given time.
Section 8: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
this 28th day of September, 1998.
ATTEST:
~~
T~ Dahlberg, M or
Ja
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CITY OF SHOREWOOD
ORDINANCE NO. 344
AN ORDINANCE ESTABLISHING A CHARGE FOR
AERIAL PHOTOGRAPHY
SHOREWOOD CITY CODE SECTION 1301.02
THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA,
ORDAINS that the City Code of the City of Shorewood is amended as follows:
Section 1. Those parts of the Table in Shorewood City Code Section 1301.02 shown
below are amended as follows:
I. TYPE OF
CHARGEIFEE
CHARGE/FEE
Mylar Copy
Electronic
$16.00 per acre + $5.00 per mylar
$50.00 per megabyte of data
Section 2. This ordinance is effective the date following its publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA, this 28th day of September, 1998.
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ATTEST
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es C. Hurm, City Administrator/Clerk
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ORDINANCE NO. 345
AN ORDINANCE RELATING TO ZONING: TELECOMMUNICATIONS TOWERS
AND FACILITIES; AMENDING CHAPTER 1201.03 OF THE CITY CODE RELATING
TO TELECOMMUNICATION FACILITIES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1:
Section 1201.02 Subd. 1. of the Shorewood City Code is hereby amended to add:
"ANTENNA SUPPORT STRUCTURE: A building, water tower, or other structure, except
a tower, which can be used for location of telecommunications facilities."
Section 2:
Section 1201.02 Subd. 5. of the Shorewood City Code is hereby amended to add:
"ENGINEER: A registered professional engineer licensed by the state of Minnesota."
Section 3:
Section 1201.02 Subd. 19. of the Shorewood City Code is hereby amended to add:
"STEALTH FACll..JTY: Any telecommunications facility that is designed to blend into the
surrounding environment; examples of stealth facilities include architecturally screened
roof-mounted antennas, antennas integrated into architectural elements, and
telecommunications towers designed to appear other than as a tower such as light poles,
power poles, and trees."
Section 4:
Section 1201.02 Subd. 20. of the Shorewood City Code is hereby amended to add:
"TELECOMMUNICATIONS FACILITIES: Cables, wires, lines, wave guides, antennas
and any other facilities or equipment associated with the transmission or reception of
communications located or installed on or near a tower or antenna support structure. This
term does not include:
a. A satellite earth station antenna two meters in diameter or less, located in a C-3 or C-4
zoning district;
b. A satellite earth station antenna one meter in diameter or less, wherever located.
TELECOMMUNICATIONS TOWER (OR TOWER): A self-supporting lattice, guyed, or
monopole structure constructed from grade and built for the purpose of supporting
telecommunications facilities. The term does not include amateur radio operations
equipment licensed by the Federal Communications Commission.
TOWER HEIGHT: The vertical distance from the grade adjacent to the base pad of the
tower to the highest point of the tower or any component of the telecommunication
facilities."
Section 5: Section 1201.03 of the Shorewood City Code is hereby amended to add:
.
"Subd. 21.Te1ecommunications Towers and Facilities.
a. Purpose: The general purpose of this Subdivision is to regulate the placement,
construction and modification of telecommunications towers and facilities in
order to protect the health, safety and welfare of the public, while complying with
the provisions of the Federal Telecommunications Act of 1934, as amended by
the Telecommunications Act of 1996. The specific purposes of this Subdivision
are:
(1)
facilities.
To regulate the location of telecommunications towers and
(2) To protect residential areas and land uses from potential adverse
impacts of telecommunications towers and facilities;
(3) To minimize any adverse impacts of telecommunications towers
and facilities through design, siting, landscaping, and innovative camouflaging
techniques;
(4) To promote and encourage shared use and co-location of
telecommunications towers and antenna support structures;
.
(5) To avoid damage to adjacent properties caused by
telecommunications towers and facilities by ensuring that those structures are
soundly and carefully designed, constructed, modified, maintained and promptly
removed when no longer used or when determined to be structurally unsound;
(6) To ensure that telecommunications towers and facilities are
compatible with surrounding land uses.
b. Development of Towers.
(1) A tower shall be a conditional use in the C-3, General Commercial
and C-4, Commercial Service zoning districts. A tower may not be constructed
unless a conditional use permit has been issued by, and site plan approval
obtained from, the City Council and a building permit issued by the Building
Official.
(2) The City may, by conditional use permit, authorize the use of city
property for towers in accordance with the procedures of this Code. The City has
no obligation to allow the use of city property for this purpose.
.
(3) No telecommunications facilities may be located within a distance
equal to twice the height of the proposed tower of any use that involves the
storage, distribution, or sale of volatile, flammable, explosive, or hazardous
2
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materials such as LP gas, propane, gasoline, natural gas, and corrosive or
dangerous chemicals, unless the applicant can demonstrate with credible
engineering data, to the satisfaction of the City, that no danger exists in locating
the telecommunications facilities in the proposed proximity to said uses.
(4) The development of a tower is subject to the following additional
restrictions:
(a) Unless the applicant presents clear and convincing evidence to the City,
that co-location is not feasible, a new tower may not be built, constructed or
erected in the city, unless the tower is capable of accommodating additional
telecommunications facilities owned by other persons, and the tower owner
agrees to comply with the provisions of the subsection relating to existing towers.
A new tower shall be designed and built to accommodate three times the tower's
initial loading capacity. If the tower is less than 100 feet in height is shall be built
to accommodate two times the tower's initial loading capacity.
(b) A development approval to develop, build, construct, or erect a tower will
not be granted to a person on the basis that it is economically unfeasible
for that person to co-locate or install telecommunications facilities on a
tower or antenna support structure owned by another person.
(5) An application to develop a tower must include:
.
(a) The names, addresses and telephone numbers of all owners of other towers
or antenna support structures, and the locations of such structures, within a one
mile radius of the proposed new tower site;
(b) Written documentation that the applicant has made diligent but
unsuccessful efforts for permission to install or co-locate the applicant's
telecommunications facilities on towers or antenna support structures located
within a one-half mile radius of the proposed tower site;
(c) Written, technical evidence from an engineer that the proposed tower or
telecommunications facilities cannot be installed or co-located on another person's
tower or antenna support structure located within a one half mile radius of the
proposed tower site and must be located at the proposed site in order to meet the
coverage requirements of the applicant's wireless communications system;
(d) A written statement from an engineer that the construction and placement
of the tower will not interfere with public safety communications and the usual
and customary transmission or reception of radio, television, or other
communications service enjoyed by adjacent residential and non-residential
properties;
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(e) Written evidence from an engineer that the proposed structure meets the
structural requirements of this Code.
(6) Setbacks.
(a) A tower must be located on a single parcel such that the base of the tower
is no closer to the property line than the height of the tower, unless a qualified
engineer specifies in writing that the failure of the tower will occur within a lesser
distance under reasonably foreseeable circumstances. In no case will the tower be
located outside the buildable area of the lot.
(b) Setback requirements for towers are measured form the base of the tower
to the property line of the parcel on which it is located.
(7) Structural Requirements. Towers must be designed and certified
by an engineer to be structurally sound and, at minimum, in conformance with the
Uniform Building Code, and any other standards set forth in this subdivision.
(8) Height. A tower may not exceed 125 feet in height.
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(9) Separation or Buffer Requirements. Towers must be separated
from land used or planned for residential use by a minimum of 90 feet or 100% of
the height of the proposed tower, whichever is greater. Setbacks may be reduced
where abutting nonresidential uses, but in no case shall the setback be less than
that which is required for the zoning district in which the property is located. The
minimum tower separation distance is calculated and applied irrespective of city
jurisdictional boundaries. Measurement of tower separation distances for the
purpose of compliance with this subdivision is measured from the base of a tower
to the closest point of the proposed site.
(10) Method of Determining Tower Height. Measurement of tower
height must include the tower structure itself, the base pad, and any other
telecommunications facilities attached thereto. Tower height is measured from
grade.
(11) Illumination. Towers may not be artificially lighted except as
required by the Federal Aviation Administration (FAA). At time of construction
of a tower, in cases where there are residential uses located within a distance
which is three times the height of the tower from the tower, dual mode lighting
must be requested from the FAA. Notwithstanding this provision, the City
Council may approve the placement of an antennae on an existing or proposed
lighting standard, provided that the antennae is integrated with the lighting
standard.
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(12) Exterior Finish. Towers not requiring FAA painting or marking,
must have an exterior finish as approved in the site plan.
4
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(13) Fencing. Fences constructed around or upon parcels containing
towers, antenna support structures, or telecommunications facilities must be
constructed in accordance with the applicable fencing requirements in the zoning
district where the tower or antenna support structure is located, unless more
stringent fencing requirements are required by FCC regulations.
(14) Landscaping. Landscaping on parcels containing towers, antenna
support structures or telecommunications facilities must be in accordance with
landscaping requirements in the site plan. Utility buildings and structures
accessory to a tower must be architecturally designed to blend in with the
surrounding environment and to meet such setback requirements as are
compatible with the actual placement of the tower. Ground mounted equipment
must be screened from view by suitable vegetation, except where a design of
non-vegetative screening better reflects and complements the character of the
surrounding neighborhood. Accessory buildings may no be more than 2,000
square feet in size.
(15) Security. Towers must be reasonably posted and secured to protect
against trespass.
(16) Access. Parcels upon which towers are located must provide
access during normal business hours to at least one paved vehicular parking space
on site.
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(17) Stealth. All towers shall be, to greatest extent reasonably possible,
in the discretion of the City, of stealth design. Stealth shall not require towers or
telecommunications facilities to be totally hidden, and does not necessarily
exclude the use of uncamouflaged la,ttice, guyed, or monopole tower designs.
(18) Existing Towers.
(a) Any owner upon whose land a tower is located, which contains additional
capacity for installation or co-location of telecommunications facilities, may
allow other persons to install or co-locate telecommunications facilities on such a
tower. Any such co-location shall require amendment of the original conditional
use permit granted for said tower.
(b) An existing tower may be modified to accommodate co-location of
additional telecommunications facilities as follows:
i. Application for a building permit shall be made to the City
Building Official.
.
ii. The total height of the modified tower and
telecommunications facilities attached thereto shall be established by the
new conditional use permit, if granted.
5
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Ill. Permission to exceed the existing height shall not require
an additional distance separation from designated areas as set forth in this
subdivision. The towers premodification height shall be used to calculate
such distance separations.
iv. A tower which is being rebuilt to accommodate the co-
location of additional telecommunications facilities may be moved on site
subject to the setback requirements of this Subdivision.
(19) Abandoned or Unused Towers or portions of Towers. Abandoned
or unused towers and associated above-ground facilities must be removed within
six months of the cessation of operations of an antenna facility at the site unless
an extension is approved by the City Council. A copy of the relevant portions of
a signed lease that requires the applicant to remove the tower and associated
facilities upon cessation of operations at the site must be submitted at the time of
application. If a tower is not removed within six months of the cessation of
operations at a site, the tower and associated facilities may be removed by the
City and the costs of removal assessed against the property.
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(20) Evaluation and Monitoring. As a condition of approval for
telecommunication facilities the applicant shall reimburse the City for its costs to
retain outside expert technical assistance to evaluate any aspect of the proposed
siting of telecommunications facilities. The owner of a telecommunications
facility shall provide the City with current, technical evidence of compliance with
FCC radiation emission requirements, annually or more frequently at the City's
reasonable request. If the owner does not promptly provide the City with
satisfactory technical evidence of FCC compliance, the City may carry out tests to
ensure FCC radiation compliance using a qualified expert. The owner shall
reimburse the City for its reasonable costs in carrying out such compliance
testing.
(21) Variances. The City Council may grant a variance to the setback,
separation or buffer requirements, and maximum height provision of this
subdivision based only on the criteria set forth in Section 1201.05 of this Code.
(22) Additional Criteria for Variance. The City Council may grant a
variance pursuant to Section 1201.05 of this Code if the applicant also
demonstrates with written or other satisfactory evidence that:
(a) The location, shape, appearance or nature of use of the proposed tower
will not substantially detract from the aesthetics of the area not change the
character of the neighborhood in which the tower is proposed to be located;
(b) The variance will not create a threat to the public health, safety or welfare;
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6
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(c) In the case of a requested modification to the setback requirement, that the
size of plat upon which the tower is proposed to be located makes compliance
impossible, and the only alternative for the applicant is to locate the tower at
another site but poses a greater threat to the public health, safety or welfare or is
closer in proximity to a residentially zoned land;
(d) In the case of a request for modification of separation requirements, if the
person provides written technical evidence from an engineer that the proposed
tower and telecommunications facilities must be located at the proposed site in
order to meet the coverage needs of the applicant's wireless communications
system and if the person agrees to create approved landscaping and other buffers
to screen the tower from being visible to the residential area;
(e) In the case of a request for modification of the maximum height limit, that
the modification is necessary to (1) facilities co-location of telecommunications
facilities in order to avoid construction of a new tower; or (2) to meet the
coverage requirements of the applicant's wireless communications system, which
requirements must be documented with written, technical evidence from an
engmeer.
(23) Failure to Comply;
.
(a) If the permittee fails to comply with any of the terms imposed by the
conditional use permit, the City may impose penalties or discipline for
noncompliance, which may include revocation of the permit, in accordance with
the following provisions.
(b) Except as provided in subsection (23)(c) below, the imposition of any
penalty shall be preceded by (i) written notice to the permittee of the
alleged violation, (ii) the opportunity to cure the violation during a period
not to exceed thirty days following receipt of the written notice and (iii) a
hearing before the City Council at least fifteen days after sending written
notice of the hearing. The notices contained in (i) and (iii) may be
contained in the same notification. The hearing shall provide the
permittee with an opportunity to show cause why the permit should not be
subject to discipline.
(c) If the City finds that exigent circumstances exist requiring immediate
permit revocation, the City may revoke the permit and shall provide a post-
revocation hearing before the City Council not more than fifteen days after
permittee's receipt of written notice of the hearing. Following such hearing, the
City Council may sustain or rescind the revocation, or may impose such other and
further discipline as it deems appropriate.
.
(d) Any decision to impose a penalty or other discipline shall be in writing
and supported by substantial evidence contained in a written record.
7
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Section 6: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,MINNESOTA,
this 26 day of October 1998.
ATTEST:
/17 17
V A P'~
Tom Dahlberg, Ma r
~,~
C. Hurm, City Administrator/Clerk
8
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CITY OF SHOREWOOD
ORDINANCE NO. 346
AMENDMENT TO ORDINANCE NO. 326 WHICH
ESTABLISHED A MORATORIUM REGARDING THE
DEVELOPMENT OF ELDERLY HOUSING PROJECTS
BY CONDITIONAL USE PERMIT AND DIRECTING A
STUDY TO BE CONDUCTED THEREON
THE CITY OF SHOREWOOD DOES ORDAIN:
Ordinance No. 326 is hereby amended by amending Section 5 thereof to read as follows:
Sec. 5. Duration: This ordinance shall remain in effect for one year and 60
days from its effective date or until appropriate amendments to the City's
official controls and Comprehensive Plan have been adopted and are
effective, whichever occurs first.
Adopted by the City Council of the City of Shorewood this 23rd day of November, 1998.
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CITY OF SHOREWOOD
ORDINANCE NO. 347
AN ORDINANCE AMENDING CHAPTER 904 -
PROHIBITED DISCHARGES INTO THE SANITARY SEWER SYSTEM
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS AS FOLLOWS:
Section 1. Section 904.09 of the Shorewood Code of Ordinances is hereby amended as
follows:
904.09: PROHIBITED DISCHARGES INTO THE SANITARY SEWER
SYSTEM:
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Subd. 1. Prohibited Connections: No person shall discharge or cause to be
discharged, directly or indirectly, any storm water, surface water, ground
water. roof runoff, subsurface drainage. or cooling water to any sanitary
sewer. Any person having a roof drain. sump pump, unauthorized
swimming pool discharge, cistern overflow pipe or surface drain connected
and/or discharging into the sanitary sewer shall disconnect and remove any
piping or system conveying such water to the sanitary sewer system.
Subd. 2. Authority to Inspect: Every person owning improved real estate that
discharges into the City's sanitary sewer system shall allow inspection by
authorized City employees or its agents. as deemed appropriate and
authorized by the City Council, of all properties or structures connected to
the sanitary sewer system to confmn there is no sump pump or other
prohibited discharge into the sanitary sewer system. The authority to
conduct further inspections on a property under this section shall lapse upon
a determination that the property is in compliance with the requirements of
this section.
Subd. 3. Correction of Violations: Any owner of any property found to be in
violation of this section shall make the necessary changes to comply.
following notification from the City, comply within fourteen (14) calendar
days or be subject to the surcharge as provided in Subdivision 5 below.
Subd. 4. Discharge: Existing buildings with sump pumps and all newly constructed
buildings with sumps shall have a discharge pipe installed to the outside
wall of the building. The pipe attachment must be a rigid permanent-type
plumbing such as PVC. copper or galvanized pipe. The discharge shall
extend outside of the foundation and may not be pumped directly onto any
public right-of-way unless approved by the Public Works Director or their
designee. Any disconnects or openings in the sanitary sewer shall be closed
and repaired in compliance with applicable codes.
Subd. 5. Surcharge: A surcharge set by an ordinance passed by the City Council is
hereby imposed and shall be added to every utility billing to properties not
in compliance with this Chapter. The surcharge shall be added to every
quarterly utility billing until the property is in compliance.
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Subd. 6. Temporary Waiver: The City Council, upon recommendation of the City
Administrator and City Engineer, shall hear and decide requests for
temporary waivers from the provisions of this ordinance where strict
enforcement would cause a threat to public safety because of circumstances
unique to the individual property under consideration. Any request for a
temporary waiver shall be submitted to the City Administrator in writing.
Upon approval of a temporary waiver from the provisions of this ordinance,
the property owner shall agree to pay an additional fee for sanitary sewer
services based on the number of gallons discharged into the sanitary sewer
system as estimated by the City Engineer.
Subd. 7. Drainage: Storm water and all other unpolluted drainage shall be discharged
to such drainage facilities as are specifically designated by the City
Engineer.
Subd. 8. Remedies: The imposition of the surcharge shall not limit the right of the
City to seek an injunction in District Court ordering the person to disconnect
the non-conforming connection to the sanitary sewer or from pursuing any
other legal remedies available, or in the alternative, the City may correct the
violation and certify the costs of correction as an assessment against the
property on which the correction was made.
Section 2. This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY
OF SHOREWOOD, MINNESOTA this 23rd day of November, 1998.
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TOM DAHLBERG