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1974 Ord 78-82 . OHDINANCE NO. 11.- AN ORDINAlifGE jI,Jv!}JN'DING ORDINAtTCB NO. 5~5 1 BBING AN ORDINANCE REGULATING THE USl'J OF VEHICLI~S AND HIGHWAYS WITHIN THE CI'I'y..QF SHOREViOOD. INGORPOR!\TING PROVISIONS OF THE STATE HIGHWAY TRAFFIC REGULA.TION ACT DY REF'EH- ENCE AND IMPOSJNG A PENALTY FUR VIOLATION TIIFiREOF. The City Councll of the City of ShOl't~wood, l'.Unnesvta, ordains: . Section 1. That Section 1 of Ordin~ulce Nu.mber ~'53 entitled Highway Traffic Act inc:orpor'ted by reference is hI'Yr"')by amended to read as fJIJ 0\');3 : Section 1- The regulatory provi:;ionr; of' the, "Highway Traff1.c Regulation Act" the SaVl(' :<"). i,:'-; :hllnEc'SO statutes. Chapter 169 as peri.odic:, .:y .11" :,'c1. 'up to end .tncludJng 1a"'18 of' 1973 8re hnl'c by" .i'i {ir t ['nff' ordinmc<0 regulation. 'I'he US(~ of it S J alley E .:1.1". the city are hereby In rr;t,!':G ,m', part OI' this ordinance by reference) as :if t't'11y :,c: cut herein. SectIon 2. Thi s ()rd,tn8nCE.\ ._':){J."j ~L~: passagi:: '<:10 publiCi::! il', ---\ .}' ,}o. n.I1 ci '? _ft.t;2' t ~::.::\ ,"- ~ Pa s se (1 "tl1.l E -LL_ :j'if (): 'i":;/ ~'::-:~:~'. ii /J f t / -~ i,/;~>;';"-'j /",,::'11 /'. t . 4C_'1^-..-"" " -, '--P-:;-y"c'r ..... ~ :..J.." J . ~. TEST: ' . A ~ II" ,1. - . ~~/?Y~I/ exlL.A. . " . The City Council of the City of Shorewood do ordain: SECTION I. GENERAL PROVI- SIONS A. Short Title This ordinance shall be known as "City of Shorewood Subdivision Or- dinance. " 8. Pu rpose Each new subdivision becomes a permanent unit in the basic phy- sical structure of the future com- munity. In order that new sub- divisions and land development will contribute toward an at- tractive, orderly, stable and whole- some community environment, adequate municipal services, and safe streets, all subdivisions here- after platted within the City shall fully comply with the regulations hereinafter set fortll in this or- dinance. . C. Interpretation I n their interpretation and appli- cation the provisions of this or- dinance shall be the minimum re- quirements adopted for the pro- tection of the public health, saft- ey and general welfare. D. Scope Except in the case of resubdivi- sion, th is ordina nce shall not ap- ply to any lot or lots forming a part of a subdivision recorded in the office of the Register of Deeds, or Registrar of Titles prior to the effective date of this or- dinance. Nor is it intended by th is ordinance to repeal, abro- gate, annul or in any way impair. or interfere with existing pro- vision of other laws or ordinances except those specifically repealed by or in conflict, with, this ordin- ance, or with private restrictions placed upon property by deed, covenant or other private agree- ment, or with restrictive cove.- nants running with the land to which the City is a party. Where th is ordinance imposes a greater restriction upon land than is im- posed or required by such existing provisions of law. ordinance, con~ tract -,or deed, the prOVisions of th is ord inance shall control. . SECTION II. DEFINITIONS For the purpose of this ordin- ance, certain words and terms used herein are defined as follows and shall have these meanings unless it shall be apparent from the context that dif- ferent meanings are intended: CITY PLAN This includes all plam of the City Council of Planning Commission for land use, sanitar~ sewer, municipal water, storm drain, age, transportation facilities, and other community facilities. SUBDIVIDER Any person com mencing proceedings under this or- dinance to effect a su bdivision of land hereunder for himself or for another. SUBDIVISION The division of ~ parcel of land into two or more lots or parcels for the pu rpose of transfer of ownership or of build- LEGAL NOTICE CITY OF SHOREWOOD SUBDIVISION ORDINANCE ORDINANCE NO. 79 AN ORDI NANCE FOR THE PUR. POSES OF PROMOTING ORDERLY AND SYSTEMATIC PLANNING OR SUBDIVISION AND LAND DEVELOPMENT IN THE CITY OF SHOREWOOD, MINNESOTA ing developments. The term in- cludes re-subdivision and, when appropriate to the context shal relate to the process of subdivid- ing or to the land sUbdivided; except that, upon the approval by the City Council, nothing in th is ordinance shall effect, limit, or apply in the case where one lot is divided into two or three lots or pacels of land, the size of which subdivided lots or parcels of land conform to the City's minimum re- Quireme nts of the Shorewood Zon- ing Ordinance and also abut upon a pUblic street. However, a dimen- ensional map of such a division shall be filed with the City Clerk before the division is ma de or approved b~ the Council. PRELIMINARY PLAT The prelim- inary map, drawing or chart indi- c"ating the proposed layout of the subdivisions to be submitted to the Planning Commission and Council for their consideration, including required data. FiNAL PLAT The final map, draw- ing, or chart on wh ich the sub- diviser's plan of subdivision is pr sented to the City Council for ap- proval and wh ich, if approved. will be submitted to the Count~ Register of Deeds or Registrar 0 Titles. LAND DEVELOPMENT - COM MERCIAL The authorized use of land for comrnercial purposes in accordance with the Shorewoo Zoning Ordinance. BLOCK A parcel of land containing one or more lots and bounded on nile or more sides by a street. LOT A parcel of land in a subdivision or plat of land, separated from other parcels or portions by de- scriptions as one a subdivision or by metes and bounds, for the pur- pose of sales or lease or separate use therof. STREET A way for vehicular traf- fic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, lane, place or however otherwise desig- nated. STREET WIDTH The shortest dis- tance between the lines delineat- ing the right-of-way of a street. THOROUGHFARE A fast or heavy traffic street of considerable con- tinuity and used primarily as a traffic artery for intercommunica- tion among large areas. COLLECTOR STREET A street that carries traffic from minor streets to thoroughfares, It includes the principal entrance streets of a residential development and prin- cipal streets for circu lation with in such development. MINOR STREET A street of limited continu ity used primarily for ac- cess to the abutting properties and the local needs of a neigh- borhood. MARGINAL ACCESS STREET A service drive or minor street that is parallel and adjacent to a thoroughfare and which provides access to abutting properties and protection from through traffic. CUL-DE-SAC A minor street with only one outlet. EASEMENT A grant by an owner of land for the ~pecific use of the public generally, or to a person or persons. ENGINEER The person or persons, individual or corporate, designat- e ed from time to time by the City Council as the City Engineer. PERSON Any individual, firm, asso- ciation, syndicate or partnership, corporation, trust, or any other legal entity. OWNER Any individual, firm, asso- ciation, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient pro- proprietary interest in the land sought to b~ subdivided or commercial- ly used ~o commence and main- tain proceedings under this or- dinance. FRONT SET BACK AREA The area between the street right-of- way line and a line located not more than 100 feet back from said right-of-way line, except lake- shore ,property where the lake shall be the front of the lot; min- imum setback shall be determin- ed by the Shorewood Zoning Or. dinance. SECTION III. PRELIMiNARY PLAT a. Procedu re 1. The subdivider shall ~ubmit to the City Clerk: a) Seven copies of the prelim- ary plat. b) A cash fee of $150.00 for those subdivisions with 4 lots or less; for those subdivisions with 5 lots or more a cash fee of $150.00 plus $10.00 for each lot in the proposed sub- division. This fee shall be used for the expense of the city in connection with approval or disapproval of said prelimin- plat. 2) The City Clerk shall then, but only after determining the preliminary plat contains all required data as set forth in th is ordi na nce; a) set a pUblic hearing before the planning Commission on the preliminary plat, which shall be held at the next re- !!IIUIClI fneerlng OT tne Plan- ning Commission, but not ear- lier than 30 days after sub- mission, of the preliminary plat. Notice of said hearing shall be PUblished In the of- ficial City newspaper at least seven days prior to the hear. ing. A sign shall be posted on the property so as to not- Ify the pUblic that the iand in Question Is the sUbject of a hearing by the cou ncil or plan- ni,ng commission. B b) Refer one copy of the pre- lim liminary plat to the Planning Commission, one copy to the City Engineer, and one copy to the City Attorney. 3. The City Engineer shall submit his report to the Planning Com- mission seven days prior to the hearing on the preliminary pial. This report shall be on the feasi- bility of serving the lots by utili- ties Including municipal sewer a'1d municipal or community water, together with recommend- tion on storm drainage prOblems Which might be epcountered. 4. The City Attorney shall submit h is report seven days prior to the hearing, which report shall call a~tentlon to any variances reQulr. ed by the proposed plat, as weli as whether the owner Is a praper applicant under this ordinance. 5. The planning Commission shall conduct the hearing on the pre- liminary plat and shall make Its report within 45 days after such hearing. The preliminary function of the, Planning Commission in reviewing a prelimi"!ary plat Is to determine whether such plat conforms to the design standards set forth In ordinance and the feasibility of servin!! the lots with municipal utilities as well as re- commending a method by which' such utilities might be financed in accordance with terms of this or- dinance. The Planning Commis- sion may approve a preliminary plat sUbject to certain revisions and recommendations to the Council, and may delegate Its staff or one of its members to see that further revisions and re- comrendations as determined by the Planning Commission are carried out. The Cou ncil shall act on the pre- liminary plat within gO days of the date of the report of the Planning Commission. If the re- port of the Planning Commission has not been filed with the City Clerk within 30 days after the hearing on the preliminary plat, the Council may act without such report. Approval of the preliminary plat by the Council is tentative only; It, however, shall include: a) The election by the Councii of the method of financing and constructing of the requir- ed pUblic improvements. b) Approval or disapprov~1 of any variance, requested by the subdivider. I f the preliminary plat is not ap- proved by the Council, the rea- sons for such action shall be re- corded in the proceedings of the Council and transmitted to the applicant. B. Data Required for Preliminary Plat 1. Scale: 1 Inch to 100 feet, if possible. Otherwise, 1 inch to 50 feet or ~OO feet. ~. l<lenIITICaIIOn ana oescrlp- tlon: a) Proposed name of subdivI- sion. The subdivider shall Indicate that the proposed named does not duplicate or resemble In pronun- ciation the name of any plat theretofore recorded. b) Location by section, town, range or by other legal de- scription. c) Names and addresses of the owner, SUbdivider, sur- veyor and designer of the plan. The subdivider shall submi t a statement that he had the area being sub- divided under ownersh ip or cont rol. d) Graphic scale. e) North-Point. f) Date of preparation. 2. Existing conditions In tract and in surrou nding area to a distance of 100 feet: a) Boundary line of pro- posed SUbdivision, clear- ly indicated. b) Any non-resldentialzon- ing district. c) Total approximate acreage of proposed subdivision. d) Platted streets, railroad right-of.way and utility easement s. e) Boundary lines and ownership of adjoining unsubdivlded land. f) Permanent buildings and structutes. g) Sewers, water mains, culverts or other un- derground facilities. h) Topgraphy, showing lakes, watercourses, marsh area, and con- tours at vertical Inter- vals of not more than two feet, except that contour lines Shall be no more than one hun- dred feet apart. Con- tour lines shall be shown by means of dashed I ines on the pre- liminary plat. i) Wooded areas. j) Area in plat wh ich lIas been designated by the City as wetlands. k) Other information such as so if tests an d star m drain layout as request- ed by the City Engineer. I) Statement of interest in plat by Minnehaha Watershed. 4. Subdivision Design Fea- tures: a) Layout of proposed streets showing right- of-way widths and names of streets. The name of any street here- tofore used In the city or its environs shall not be used, unless the proposed street Is an ex- tension of an already named street, in wh Ich event the name shall be used. The street layout shall include all contig- uous land owned or cont rolled by the su b- divider. b) Location and widths of proposed pedestrian ways and utility ease- ments. c) Layout, numbers, dlm- mensions and square foot- age of lots. d) Areas, other than streets, pedestrian ways and ut- ility easements, Intend- ed to be dedicated or reserved for public use, including the size of such area or areas in acres. e) Proposed use of all par- cels, and if zohing change is contemplat- ed, proposed rezon Ing. f) All plats shall have all lots consecutlveiy num- bered clockwise In each block and shall con- tain at least one or more blocks which shall also be consecutively numbered. SECTION IV. FINAL PLAT A. Procedure 1. Unless an extension of time Is requested by the subdivider and granted by the Council, the sub- divider shall within six months following approval of the prelirrr, inary plat, submit to the clerk: a) Six copies of the Final Plat. The Final Plat shall In- corporate all changes re- Quired by the:louncil. Otherwise it shall conform to the preliminary plat. The Final Plat may con- stitute only that portion of the preliminary plat which the subdivider pro- poses to record and develop at the time. If the Final Plat is not submitted tllth- in six month S, the ap- proval of the preliminary plat shall be considered void unless time has been extended bY the c'lty coun- cil. b) An up-ta-date certified ab- stract of title,reglstered property report of such other evidence as the City Attorney may require showing title or control in the applicant. 2. The Clerk shall rater copies of the Final Plat to the Engineer and utility companies. The Clerk shall refer such abstract of title, registered property report or such other evidence of titie to the CitY Attorney for his examina- tion and report. 3. The reports of the City At- torney and Engineer shall be sub- mitted to the Council within 20 days after filing of the Final Plat. The City Engineer shall state whether the Final Plat and the Proposed improvements conform to the engineering standards and specifications established In this ordinance. 4. The subdivider shall reimburse the city of the fees of the City Engineer and the City Attorney for their services and reports in connection with the Final Plat including documents required to provide for construction and fin- ancing of public improvements. 5. 5. Accompanying the Final Plat shall be all required documents setting forth means of financing pUblic utility improvements ser- Vicing the lots, together with re- QU ired cash escrow as provided for in this ordinance. . 6. The Council shall act on the Final Plat within 90 days of the date on which it was filed with the clerk. No Final Plat will be approved that: a) Does not conform to the preliminary plat. b) Does not meet the design standards and engineering specifications set forth in th is ordi nance. c) Does not have filed with It. required documents calling for means to finance the pUblic improvements as well as other requh-ed data. 7. If the Final Plat is approved by the Council, the subdivider shall record it with the -::ounty Register of Deed..or Registrar of Titles within' 30 days after the date of approval; otherwise the approval shall be considered void. a. The subdivider shall, imme- diately upon recording, furnish the Clerk with two prints of the Final Plat showing evidence of the recording. B. Data Required 1: Detailed plans and specifica- tions for construction of public utilities including sanitary sewer. munici?al and/or community water or on-site water supply, drainage and flood control plans - all approved by the City Engin- eer. 2. Cash escrow agreement as pro- vided for in ordinance. . 3. Evidence that ground water control is at least 10 feet below level of finished grades of plan for solving ground water pro- blems. 4. Approval of plat by Minne- haha Watershed District or state- ment from the District indicating that it has no', interest in the plat. 5. Any supplementary engineer- ing data required by the City Engineer. 6. Data required under regula- tion of County Surveyor - ac- curate angular and lineal dimen- sions for all I ines, angles, and curvatures used to describe boun- daries, streets, easements, areas to be reserved for pUblic use, and other important features. Dim- ensions of lot lines sl\all be shown in feet and hundredths. 7. When lots are 10catEid on a curve or when side lot lines are at angles other than 80 degrees, the width of the building setback lines shall be shown. a. An Identification system for all lots and blocks. . g. True angles and IiIlstal1ces tied to the nearest established street lines or official monuments (not less than three) which shall be accurately described in the plat. IO.City. county, or section lines accurately tied to the lines of the subdivision by distances and angles. 11. Complete curve data, includ- ing radii. internal angles, points and curvatures. tangent bearings, and lengths of all arcs. 12.Accurate location of all man- u ments. 13. Certification by a registered land surveyor to th" effect that the plat represents a survey madeb}l him and that monuments and markers shown thereon exist as located and that all dimensional and geodetic details are correct. 14. Notarized certification by Owner. and by any mortgage hOlder or record, of the adoption of the p'lat and the dedication of streets and other pUblic areas. 15. Certifications showing that all taxes currently due on the prop- erty to be subdivided have been paid in full. 16. Form for approval: Approv- ed by the City of Shorewood this ....... day of ...................... 19.... . SECTION V. DESIGN STANDARDS A.STREETS 1. General Design. The design of all streets shalL be consdidered in their relation to: a public safety; existing and planned streets; ef- ficient circulation of traffic: topo- graphical conditions: runnoff of storm water; and proposed uses of the land to be served by such streets. The arrangement of streets in new subdivision shall make pro- vision for the appropriate contin- uation of existing streets in ad- ioi ning areas. Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provision for the proper projection of streets. When a new subdivision ad- Joins unsubdivided land suscept- ible to being divided. then the new streets shall be carried to the boundaries of such unsubdivided land. 2. Wa:lth. All right-of-way widths shall be a minimum of 50 feet except where a wider minimum width is shown on the City Plan. 3. Reverse Curves. Tangents of at least ~O feet in length shall be in- troduced between reverse curves on collector streets. 4. Street Grades. All center line gradients shell be at least 0.5 per- cent, and shall not exceed the follOWing 6 percent. 5. Minor Streets. Minor streets shall be so aligned that their use by through traffic will be dis- cou raged. 6. Street Jogs. Street jobs with centerline offsets of less than 125 feet shall be avoided. 7. Safe I ntersections. I t must be evidenced that all street inter- sections and confluence encour- age safe and efficient traffic flow. a. Alleys. Alleys are not permit- ted .n residential areas. 9. CUl-de-Sacs. Maximum length cul-de-sac streets shall be 2000 feet measured along the center- line from the intersection of or- igin to end of right-of-way. EaCh cul-de-sac shall be provided at the closed end with a turn-around having an outside roadway dia- meter of at least 100 feet. and a street property line diameter of at least 120 feet. 10. Half-streets. Half street shall be prohibited. except where es- sential to the reasonable develop- ment of the subdivision and ad- joining unsubdivided areas. 11. Reserve Strips. Reserve strips controlling access to streets shall be prohibited except under con- ditions approved bY the Council. 12. Private Streets. No new pri- vate streets shall be approved. 13. Hardship to owners of ad- joining property avoided. The street arrangements shall not be such as to cause haPlClship to own- ers of adjoining property in plat- ting their own land and providing conven ient access to it. 14. Street I nverval. I n general, provisions shall be made at in- tervals not exceeding one-half mile for through streets (streets running through the subdivision in a fairly direct manner}. 15. I ntersections. I n general, streets shall intersect at right angles. 16.Corners. Property lines at re- sidential street cerners shall be rounded on a radius of not less than 10 feet and curb line on a radius of not less tha n 20 feet. B. Easements. 1. Utilities. Easements at least 20 feet wide, centered on rear and side lot I ine~, shall be pro- bided for utilities. They shall have continuity of alignment from block to block. At deflection poi nts, easements for pole-line anchors shall be provided where necessary. 2. Drainage. Where a subdivision traversed bY a water course, there shall be provided a' drain- age,way. channel'or drainage right- of-way conforming substantially with the I ines of such water course, together with such furth- er width of construction of both, as will be adequate for storm water run-off. C. Blocks. 1. Length. Block lengths shall not exceed 1600 feet and, is pos- sible, should not be less than 600 feet in length. 2. Arrangement. A block shall be so designated as to provide two tiers of lots, unless It ad- joins a railroad or limited ac cess highway and 'Jnless topo- graphical conditions necessitate a single tier of lots. 3. Pedestrian Ways. I n blocks over 1.200 feet long, a pedestrian way or easement may be required in locations deemed necessary to public health, convenience and necessity. Such an easement shall not be less than 15 feet in width, D. Lots 1. All lots shall abut on a pUb- licly dedicated street except those lots which when subdivided abut or a previously approved private street. 2. All lots shall be the minimum size provided in the Shorewood Zoning Ordinance for the area; to eliminate any doubt as to the interpretation of lot size; the min- imum lot square footag~ shall not inclu de any portion of an adja- cent pUblic street for any portion of the wetlands. No lots less than the minimum square footage pro- vided by the Shorewood. Zoning Ordinance for the area involved shall be authorized by this or- dinance except upon the granting I of a variance in accordance with the terms of Section I X, Para- gra ph A. 3. Width and Depth. All lots shall be the minimum width and depth in accordance with the re- quirements of the Shorewood Zoning Ordinance. 4. Side Lot Lines. Side lot lines of platted lots shall be in accord- ance with requirements of the Shorewood Zoning Ordinance. 5. Water Cou rses. Lots abutting upon a water course, drainage way, channel, stream or have with It lands designated as wet- lands as ~rovlded by Shorewood Ordinances shall have additional depth or width as required by Or- dinance to assure house sites !Ire not subject to flooding. 6. Features. I n the sUbdivising of ,any ilmd, due regard shall be shown for all natural features, such as tree growth, water COllrs- es, wetland exclusions, historic spots, or similar conditions, which if preserved will add attractive- ness and stability to the proposed development. 7. Undeveloped Lots. Undevelop- ed lots created when cluster housing Is used shall carry covenants in favor of the City of Shorewood granting the City perpetual ease. ments for open space on such land so as to guarantee the same will never be developed or used for building of homes, garages, or structures of any kind used in living quarters. 8. Lots Along Thoroughfares. In new subdivisions there shall be no direct vehicular access from re. sidentlallots to a major thorough- fare. Residential lots shall be se- parated from major thorough. fares and railroad rights-of-waY bY a is foot buffer strip, which may be In the form of added depth or width of lots backing on or siding on a thoroughfare 9! railroad right-of-way. A screen planting easement shall be granted to the City and shown upon the plat for the 15 foot buffer strip, if It adjoins a major thorough. fare. 9. Lot Remnants. Remnants of land below minimum lots size, ex- cept in Instances of cluster zon- ing, shall be added to adjacent lots rather than remaining as un- usuable parcels. Outlots may be used if they carry with it an ease- ment in favor of the City for open space to guarantee that the same will not be developed for living purposes. E. General 1. PURQ. All subdivisions de signed as a PURD shall meet the requirements of the Shorewood Zoninq Ordinance and the minimum re. qUlrements of construction of roads, utilities and all other mat. ters involved in the PURD shall be in accordance with the develop- ment contract approved by the Council. 2. Other Shorewood Ordinances. All proposed subdivisions of all types shall in all respects conform to the Shorewood Wetlands Or. dinance, Shorewood Zoning Or- dinance, and Shorewood plans including street traffic plan, utili- ty plan, and storm drainage plan. SECTION VI. LAND DEVELOP- MENT - COMMERCIAL A. No building permit shall be is- sued for a structu re to be located upon commercial property until the owner thereof has: 1. Filed with the City Clerk G copies of a plat certified by a surveyor showing the following information: a) Square footage of the par- ce. b) The location of existing structures and whether or not the structures will con- timtinue to be located thereon as a result of the develop- ment. c) Location of proposed per- manent building structures. d) A topographicai map show- ing location of all existing and proposed su rface drainage and ultimate ter- mination of all surface waters. e) Location of all proposed utilities to be constructed to serve the development Including water, serwer, gas, and electricity. f) Location of all driveways and accesses to public streets. g) A detailed construction plan and a lease site plan showing dimensions of each In'dividual commer- cial unit. h) A parking plan and light- Ing plan. I) An estimated cost of the construction of the struc- tures proposed to be bu lit, together with a statement as to source of all utilities including water. 2. Upon filing of the above Infor- mation with the City Clerk, the Clerk shall place the request for a building permit on the agenda o.f the City Council but not sooner than 30 days after filing of the above information with the City Clerk, Seven days prior to the counc'lI meeting the engineer shall file his report on the plan inspec. tlon, drainage and ail other mat- ters concerned with providing utilities, drainage, and services to the proposed development and the attorney shall also file his re- port as to whether the request meets the requirements of the existing ordinances of the City of Shorewood. The Council may, If It chooses, hold a public hearing on the request for the Issuance of a building permit; It may in all instances attach to the resolution authorizing the issuance of such a permit those requirements the Council deems necessary for the successful completion of the pro- posed project Inclu ding a Perfor- mance Bond to insure comple- tion within a reasonable period of ti me. SECTION VII. PUBLIC LAND Because a new subdivision as well as as commercial land development creates a need for parks and play- grounds, as well as for streets, 8% of . the total area of each new subdivi- sion or its equivalent shall be dedi- cated for,; such uses. Such are must be suitable for parks and playgrounds and shall conform to the City Plan for parks and playgrounds within tile City. The subdivider should have the option, In lieu of dedicating area for pa rks and playgrou nds wh ich is acceptable by the City as being land suitable for pUblic parks and play- grounds, to pay into the City Park Fund a sum of money e~al to 8% of the value of the raw land contained in the proposed SUbdivision or com- mercial land development and the value of the raw land contained in the proposed subdivision or devel- opment shall be determined by the City Assessor; or, as an alternative, the subdivider may pay Into the City Park Fund $150.00 for each lot if the lot is a single family lot, or $150.00 for each living unit author- ized to be built under the plat, if the plat contains lots other than single family units; or If the development is a commercial land development the owner to pay $150.00 for eactl commercial sewer unit assigned to the property by the City in accor- dance with the City's commercial sewer assessment and hookup pOlicy. SECTION VIII. REQUIRED IM- PROVEMENTS Before the Council approves a Final Plat, the subdivider shall give stalls- factory assurance that he will pro- vide the fdllowlng improvements: A. Monuments Monuments shall be placed at all back corners, angle points, points of curves in streets and at imme. diate points as shown on the Fin- al Plat and as nequ Ired by the En- gineer. Pipes or .steel rods shall be placed at the co rners of each lot and at each Intersection of street centerllnes. All U. S., state, coun- ty or other official bench-marks, monuments or triangulation sta- tions in or adjacent to the prop- erty shall be preserved in precise position. B. Streets. The minimum require. ment for constructlDg streets, both pUblic and private, shall be as follows: 1. Grading. All streets shall be graded to sufficient width of the right-of-way and in such manner as to provide a minimum finished surface width of 24 feet, except In the following instances: a) A 30 foot width shall be provided in plats contain- ing lots of less than one. half acre in size. b) Thoroughfares shall be finished to a minimum width to meet traffic re- quirements. f',1I streets shall be undercu t be- low the established grade for the width of the finished surface to a depth adequate to accomodate the sub-base, base, and bitumin- ous surfaCing. 2. Subgrade. The subgrade of streets shall Ite so constructed as to satisfactorily sustain the street in a stable condition. Any un- SU itable or unstable materials shall be removed. 13, Sub-base and Base. All streets shall be constructed having a gravel sub-base of six Inch min- . Imum thickness using gravel con- forming to M.H.D. Spec. 3138, Class 4, and a gravel base of three inch minimum thickness using gravel conforming to M.H.D. Spec. No. 3138, Class 5. The to- tal mimmum thickness of the sub-base and base as mentioned above, are appl iooble to the A-6 subgrade soil group. For other soil groups the following factors shall be employed to determine the total minimum thickness of the sub-base and base. Adjust- ment of the total thickness shall be made In the sut:>-base and the only three inch minimum thickness of the base sha II not be decreas. ed. . Subgrade So; I Group Factor Subgrade Soil Group Factor A-L..................................... 75% A-2...................._................. 75'0 llr- 3............ ...... ...... ..... ........ ..... 500/0 A~4..................................... 1250,S M .................................... 130% A-7-6....................._........... 140% A- 7- 5...,. ............ ................ 120% . Soil group c.lassifications are in accordance with A.A.S.H.O. de- signations: M 145-49 4. Bituminous Surfacing. All slteets shall be surfaced with a plant-mixed machine laid bitu- minous Inaterial having a mini- mum thickness of 2" conforming to Minnesota Highway Deparbr ment Specification No. 2341. 5. Seal Coat. A bituminous seal coat shall be applied to the finish- ed bituminous surface after the installation of cu rbing. The seal coat shall be constructed in ac- cordance with the requirements of M.H.D. Spec. 2356. The types and grades of materials and rate of ,application of the same shall be as specified by the Engineer. 6. Drainage. Provisions shall be made for the proper drainage of all streets through the installa- tion of adequately designated cul_ verts, storm sewers, etc., and the in- stallation thereof shall be considered part of the essential street construc- tion requirements. 7. Curb and Gutter. I n sub- divisions served with community or municipal water, B618 con- crete curb and gutter shall be installed, in accordance with the requirements of the Minnesota Hfghway Department Specifica- tion No. 2531, on the side of the finished surface of the streets. Driveway openings with a 5' ap- ron, 6" th ick, and 5' radii shall be constructed fOF' each drive- way. On streets without concrete curb and gutter, a rolled bituminous curb 4" in height shall be con- structed. 8. Boulevards. The boulevards (area ootween the backs of the curbs and property line) shall be uniformly finished to match the top of the rolled curb and sodded or seeded to present a pleasing finished appearance. 9. Driveways, On streets without concrete curb and gutter, all of that portion of the boillevard de- signated driveway shall be surfaced with plant mixed bituminous material having a minimum thick- ness of 2" conforming to the Min- nesota Highway Department . Specification No. 2341. The bitum- inous material shall be machine laid on a 4" gravel base. Concrete with specifications approved by the City Engineer may also be used for drive- way surfacing, On street with concrete curb and gutter, all that portion of the boulevard designated drive- way shall be surfaced with con- crete having a minimum thick- ness of 6" conforming to the Minnesota Highway Department S~cification No. 2531. Should it subsequently become necessary to repair or replace such driveway surfacing in whole or ir. part, the cwner or owners of property served by such driveway shall pay all cost of such repair or replacement. C. Utility Improvements 1. Sewer System a) Municipal sewer facilities shall be provided for all proposed subdivisions and all lots within such sub- division shall be servan b~' the municipal sewer sy- stem. 2. Water System a) Where available municipal water facilities shall be provided for the subdivi' sian. b) Where practicable, and only on the approval of the City Engineer, and if municipal water facilties are not available, a'lCom- munlty water system shall be provided. c) When municipal and/or community water facilities are not available, Individ- ual water system shall be provided. D. Drainage Facilities. 1. Such facilities and easements shall be installed as will ade- quately provide for the drain- age of surface waters, all in accordance with the storm drainage plan adopted by the City Council. E. Street Name Signs. There shall be placed at all inter- sections within the subdivision street name signs; the cost of these signs, including installation, shall be paid by the developer. F. Financing Before a Final Plat is approved by the Council, the City shall sel- ect a means by which the requir- ed municipalities serving the sub- division shall be installed and financed in accordance with pro- cedure provided in SUb-paragraph 1 and 2 hereunder. I n making its selection as to the means of fin- ancing, the Council shall consid- er a) The. number of lots to be served b) The potential owners of land involved in the pro- posed utility improvement c) The complexity of the construction d) The effect of the. utility construction upon' the ex- isting municipal services e) The effect of the construc- tion of the utilities upon land owners other than the subdivider. 1. The City may elect to install any of all of the required improve- ments under the terms of a cash escrow agreenlenL I n such case the required cash escrow agreement shall be equal to one and one- quarter tir,les the City Engin- eer's estimated cost of such irn~ provements. The terms of the escrow agreement shall provide that the City will install the on- site public utility improvements with in th ree yea rs from the date of approval of the ?Iat, and with- in said period the su bdivide. will pay for all costs of said improve- ments. I f the cost of the improve- ment has not been paid by the subdivider within the three year period, the cont ract shall provide that the City may claim all amounts held under the escrow agreement and apply same to the cost of the required improvements. Any balance remaining after such improvements have been made and :laid for hereu ntler shall be re- turned to the subdivider. In the event insufficient cash is held in escrow to pay for the improve- ments, special asst.ssments shall be levied for the purpose of pay- ing for the same. Council shall have the privilege of extending the three year period available for construction of improve- ments; 2. The City may elect to allow and permit the subdivider to pay for the cost of all special improve- ments required in the subidvision and to install the same by means of private cent ract in accordance with the specifications approved by the City Engineer. I n such case, before the F ina I Plat is ap- proved by the Council, the sub- divider shall sucmit a cash escrow agreement satisfactory to the City Council in the amount of 1'/, times the Engineer's estimated cost of requi red improvements so as to assure that the cost of all im- provements will in fact be paid and to guarantee completion of the con- stn,Jction of the improvements with in three years from the date of ap- proval of the Final Plat; all lots in the su bd iv ision sha II be served by the required municipal improve- ment S. cost of all improvements will in fact be paid and to guarantee completion of the construction of the improvements within three years from the date of approval of the Final Plat; all lots in the subdivision shall be served by the required municipal improvements. 3 Under either election the sub- divider shall payor guarantee payment of the subidvision's share of the cost of trunk facili- ties, including muncipal water and municipal sewer and storm drainage which are or will be ex- tended to serve the subdivision as well as all costs to the City for ih professional conSUltation, re- view of plans, specifications, in- spections, engineering fees and attorney fees in working with the subdivision under consideration. SECTION IX. OTHER PROVISIONS A. Variance and Exceptions. Where there are practical dlfflcu 1- ties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this ordinance, the City Council shall upon four-fifths affirmative vote of the total membership of such Council have the power to vary the requirements of this or. dinance in harmony with the gen- eral purpose and intent herof, so that the pUblic health, safety. and general welfare may be secur- ed and substantial justic done. Before such variances are approv- ed, the Council shall hold a hear- ing on the variance requests of the subdivider. The subdlver shall, prior to calling the hearing, file a written request specifically stating the variance or variances requested, and the reason he deems them to be required. Not- ice of the heil ring sh all De pu b- Iished once in 'the official paper of the City at least 10 days prior to the date of the hearing and mailed notice given to all City property owners with in 500 feet of the plat boundaries. This hear- ing shall be in addition to the hearing held by the Piannlng Com- mission and may be held In con- junction with the conslderatlor, by the Council of the preliminary plat. B, Interpretation No other method of platting 01 subdividing of real estate othr.( than by the' procedure set forth in these regulations is recognized In the City of Shorewood. Regi- stered Land surveys used for the purpose of;.subdivlding property into lots shall be sUbject to the same regulation as ,plats and re- qu ire the same approval by thil City of Shorewood. C Validity If any section, subsection. sen. tenance, clause or phrase of this Ordinance'is for any reason held to be invalid. such decisions shall not affect the validity of the re- maining portions of this Ordin- ance. D. Violations Any person violating any provi- sion of this Ordinance shall be gUilty of a misdemeanor, punish- able by a fine of not more than Three Huncred Dollars or by imprisonment not exceeding 90 days for each offense and any platting, replatting or SUbdividing or conveying or land not In accor- dance with this ordinance may be enjoined. E. Repeal of Existing Ordinance All ordinances or parts of ordin- ances of the CI'iY in conflict with the provisions of this ordinance are hereby repealed, except that the Shorewood Zoning Ordinance and Shorelill'ood Wetlands Ordin- ance and as the same may be am- ended from time to time, shall take precedence over -this ordin- ance In the event of conflict be- tween the said named ordinances and this subdivision ordinance. SECTION X. EFFECTiVE DATE This ordinance shall take effect and be in force from and after Its publication. Passed bY the City CounCil this 24th day of June, 1974. Thomas E. Holloran, Mayor ATTEST, Elsa I. Wlttsey, City Clerk . . JLJEGAJLS' (OFFICIAL PUBLICATION) ORDINANCE NO. 80 AN ORDINANCE PROVIDING FOR A MINIMUM EQUALIZATION CHARGE FOR CONNECTING NEW- LY PLATTED LOTS TO MUNICI- PAL SEWER SYSTEM AND PRO- VIDING PENALTIES FOR VIOLA. TION THEREOF IN THE CITY OF SHOREWOOD THE CITY COUNCIL OF THE CITY OF SHOREWOOD DOES ORDAIN: Section 1. The intent of this ordin- ance is to define the extent of the city's municipal sewer system and provide for the authorization and connection thereto for platted lots which have previously not been sub- ject to a special assessment charge. Section 2. The municipal sewer sys- tem of oShorewood consists of a trunk system which includes lift sta- tions, force mains, interceptors and large collecting lines. This system has been Installed and designed for the future use of all of the land within the City of Shorewood. The lateral system consists of collecting lines, service stubs and trunk system, used as a lateral, which system serves individual dwellings, buildings, and platted lots. Section 3. I n the City oJ Shorewood, except the land embraced within Enchanted and Shady Isiands, lots located within 200 feet of a trunk or lateral have been assessed on the basis of a unit charge a~ follows: A Unit . Under 15,000 SQ. ft. In dimension, $1,700.00; B Unit - 15,000 to 30,000 sQ. ft., $T,800;ee; C Unit - 30,000 to 70,000 SQ. ft., - $1,900.00; 0 Unit . That portion of vacant land In excess of 600 ft. as measured along trunk or lateral line, $1,000.00 per 2~ ft. on the line. Section 4. It Is the policy of the city that all lot's receiving the benefit of sewer pay an equal amount for the right to be served by the munici- pal sewer utility. To accomplis/> this and an equalization charge tc be levied against lots not previously subject to a special assessment ~s hereby established as fOllows:- a) For each A unit as hereinbefore defined $300.00 equalization charge b) For each B unit as hereinbefore defined $500.00 equalization charge. c) For each C unit as hereinbefore defined .~50.00 equalization charlle. The above amounts may bjl'reduced In the even't the estimatelt cost of constructing the lateral sew"'" line to serve such platted lots of multiple dwellings, as determined bY the city enqlneer. is in an amount which when altded to the above charge ex- ceeds .the A, B or C unit base charge of $1,700.00, $1,800.00 or $1,900.00. In such event ttie equali- zation cnargesnall be reduced so that tr,e total cost of sewer installa- tion to be assigned for sewer service foreaeh lot shall not exceed the a- mount assessed to an A, B or C unit except that in all cases a minimum equalization charge as follows shall be due and payallle regardless of the cost of lateral installation: A unit. . . . . . . . . . '. . . .. $200.00 B unit. . . . . . . . . . . . . .. $350.00 C unit ~ . . . . . . . . . . . . . . . $400.00 Section 5. One C unit shall be charg- ed for each 20,000 SQ, ft. of com- mercial property and no building. p~nl11it shall be Issued for any struc- ture on a commercial lot until there has been a certification by the city clerk to the effect that said lot has been either assessed for one C unit per 20,000 Sq. ft. or an equalizing charge representing a total of one C unit per 20,000 Sq. ft. has been paid in cash. Section 6. Double bungalows shall pay an eQualizat ion charge based upon one B unit for each of the two living Quarters. Section 7. An equalization charge of $625.00. shall be payable for each living unIt In a multiple dwelling; that is, a dwelling on a parcel of land with 3 or more living Quarters. Section 8. Those larger parcels con- taining previOuslY assessed 0 units shall when platted or used as build- ing sites be assigned a full C or B unit as the case may be for each lot, and shall pay to the city an equaliz- Ing charge of the difference between the value of a 0 unit assigned and the full C or B unit, plus 7% interest on the equalization charge from January 1, 1973 'before a, building permit shall be issued for said area. Section g. All equalizing charges shall be paid in cash bY the develOp.. er and be due and payable to the city before any line constructed by the developer can be attached to the municipal sewer system. Section 10. All equalizing charges shall be deposited by the city clerk In the city sewer operatlng.fund. Section 11. Persons violating any provision of this ordinance shall be guilty of a misdemeanor punishable by a line of not more than $300.~O, or by imprisonment not exceedmg 90 days for each offense. Section 12. This ordinance shall take effect from and after Its passage and publication. PASSED bY the City Council this 26th day of August, 1974. . /s/ Jack Cooper Jac~ Cooper, Mayo ATTEST: /5/ Elsa I. Wiltsey Elsa I. Wilsey, City Clerk Publish: The Maverick Newspaper, September 25, 1974. . . The City Council of the City of Shorewood does ordain: Section I. Definitions As used In this ordinance the follow- Ing terms shall mean: Animal Enforcement Officer: The person, firm or corporation charged by the council of this city with enforcement of this ordinance. At Large: A dog Is at large when It is off the property of his owner and not under restraint. Dog Owner: Any Person who owns, harbors, or keeps a dog or licensee thereof, or the parents or guardians of such per- son under 18 years of age. Restraint: A dog Is under restraint If it is on the premises of the person harboring or keeping the dog; or If the dog is with the person having custody of It and It Is obedient to the command of that person. Section II. Limitations of Number Subdivision 1. Within the Ilmlts of the City of Shorewood, no more than two (2) dogs over the age of nine months shall be allowed In any household unless the owners shall first obtain a special permit therefor. The special permit shall allow an owner to keep up to four dogs over the age of nine months, and may be obtained from the city clerk upon payment of $5.00 for each dog In excess of two, Subdivision 2. Recognizing that show dogs shown at American Kennel Club Shows are valuable personal property and more than pets, and further that such animals are kept and maintained by their owners with special care and attention, a special license Is hereby established for such animals. The owner may apply to the city clerk for the license. He shall certify, by affidavit, that the particu- lar dog has been shown in at least one American Kennel Club Show during the previous year or Is an American Kennel Club Champion of Record, the type of facilities avail- able to prevent the dog from running at large, and that the dog is kept by the owner for show and ancillary purposes. The clerk may, with the consent and advice of the council, Is- sue a special license for the animal or animals, and such dog shall there- upon not be counted within the ani- mal limitation set forth in SubdivI- sion 1. All other provisions of this ordinance shall be applicable to the licensing and keeping of such ,animal or animals. Such special Iicllnsemay be Issued, to cover more than one dog; the fee for such multiple special license shall be set by council resolu- tion. Subdivision 3. In addition to any other sanctions herein provided, vio- lation of a ny of t he terms of this ordinance Shall be grounds for termi- nation of the privilege of keeping more than two dogs, and the special permit and/or license authorized under this section may be revoked. Revocat Ion may occur for a vloia- tlon attributabie to any dog, includ- ing Show dogs, kept by an owner. Sect ion III. Licensing Req ui red. Every owner of a dog within the City of Shorewood shail cause the . (OFFICIAL PUBLICATION) ORDINANCE NO. 81 AN ORDINANCE RELATING TO THE REGULATION, LICENSING, AND KEEPING OF DOGS IN THE CITY OF SHOREWOOD same to be registered and Ii~ensed as hereinafter provided. (a) Ail dogs kept In this city, Includ- Ing those allowed by special permit, shall be registered in the office of the clerk. The owner shall obtain a li- cense and tag for each dog and pay for each such fee as the city council may by resolution adopt. The coun- cil may provide for higher license fees for female dogs than for male or spayed females. The license tag shall be securely attached around the dog's neck and kept there at all times during the license period. If the tag is lost or stolen, the owner shall receive a duplicate license and tag upon payment t6 the clerk of $1.00. (b) The license period shall be for the whole or unexpired portion of the year ending on the ensuing 30th day of January. (C) No license Shall be issued for a dog unless the owner ,shall show. written evidence that the dog has been Innoculated for the, preven- tion of rabies within the past two yea rs. Section IV. Prohibited Activities; Nuisance. SUbd. 1. Running at large pro- hibited. No dog owner, as defined in this' ordinance, shail permit his dog to run at large, but this shall not prohibit. the appearance of the dog upon the streets or other pUblic places when such dog Is under re- straint. The finding of any dog run- ning at large shall be prima facie evidence of violation of this section by the owner of said dog. Any le- male dog in season shall be kept completely confined indoors by the owner, or else impounded for the duration of her season in a com- mercial dog kennei or dog pound. SU,bd. 2. Nuisance. It shall be un- lawful for any owner to fall to exer- cise proper care and control of his animals to prevent them from becom- ing a public nuisance. Excessive, con- tinuous or untimely barking, mo- lesting passersby, Chasing vehicles, habitually attacking other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to dam- age property, shall be deemed a nuis- ance. It shall be unlawful for any own- er to fall to orovide animals with suf- ficient good and wholesome food and water, proper shelter and protec- tion from the weather, veterinary care when needed to prevent suffer- ing, and with humane care and treat- ment. It shall be unlawful for any owner to beat, cruelly iii-treat, tor- ment, or otherwise abuse any dog. Section V. Enforcement of Ordi- nance. Subd. 1. The council shail either appoint an animal enforcement of- ficer or sha II enter into a contract with a person, firm or corporation whose auties shall be to enforce this ordinance. Any contract so entered shall provide, as the council deems fit, certain fees for the keeping and disposal of animals herein governed. Subd. 2. The person, firm or cor- poration charged with enforcement duties shall have authority to take into custody and impound those dogs found at large with in' the city. If the animal enforcement officer is unable to take a dog into custody he may, where possible, follow the dog to the property of its owner, and may issue a citation to t he owner for violation of this ordinance. The of- ficer shall not be authorized to take into custody a dog once it is upon t he pro perty of its ow ner except where the officer finds no one pre- sent upon the property and custOdy is necessary to prevent the dog from further running at large, or except in those instances hereinafter prescrib- ed where such custOdy is required or permitted for the health and welfare of the public. Subd. 3. The city shall provide an adequate point or facilities where dogs taken into custOdy by an animal enforcement officer sha II be kept and properly fed until disposed of ac- cordi ng to the proviSions of this or- dinance. Subd. 4. Within 24 hours after taking a dog into custody, the animal enforcement officer shall, if the ani- mal has on it an official tag, notify the person shown as owner of the dog, that the animal is in his custOdy and will not be disposed of if re- deemed within a stated time, which time shall not be less than five (5) full days after such animal was taken' into custOdy. Subd. 5. Every owner or person having the custOdy of a dog may re- deem the same from the animal en- forcement officer by pay ing for board and associated costs, for each day or fraction thereof as such ani- mal is held in custOdy by the animai enforcement officer and Qbtaining a license for said animal in accordance with this ordinance if the I icense has not hereinbefore been issued for said animal. Subd. 6. Upon expiration of the five day period, a dog in the custOdy of the animal enforcement officer shall be disposed of by a humane method. The animal enforcement of- ficer shall keep an accurate account of all animals received at the pound and ail animals killed and released therefrom. Subd. 7. Nothing in this ordin- ance shall prevent the animal en- forcement officer from disposing of a dog in less than five (5) days wait- ing periOd as aforesaid where such animal is injured and In the opinion of such officer the only humane a'ct would be one of disposal. Section VI. Protection of the Health .and Welfare of the Public. Subd. 1. Quarantine. Upon a sworn, written complaint being filed with the city clerk, stating that a dog has bitten a human being, and setting forth the name of the dog, if known, and the name and address of the owner or custOdian, if known, the name of the person bitten, and when and where the incident occurred, the city health officer may order the dog quarantined for a periOd of ten (10) days. During quarantine the animal shall be seCurely confined and kept from contact with any other animal. At the discretion of the health offic- er, the quarantine may be.. on the premises of the owner. If the health officer so requires, the owner shall at his own expense, place the animal in a veterinary hospital for the period of confinement, or surrender the animal to the animal enforcement officer or, city police for conflne. mente The dOg Sha II not be released from conflnement until the health officer has certified the animal to be free from rabies and until the owner has paid the costs of any veterinary tests made upon the animal, as well as the costs of any confinement on premises other than of the owner. If the costs are not paid by the owner or custodian within ten (10) days fOllowing written notice to such owner or custodian that the dog is available for release, the animal en- , forcement officer shall forthwith de- stroy such dog. Any person who shall fail to deliver up to the animal enforcement officer or police officer any dog which has bitten a human being and against which a sworn, written complaint has been flied shall be gUilty of a misdemeanor. Each day's neglect or failure to com. ply with the provisions of th Is sec. tlon shall be deemed to be a separate offense. Subd. 2. Rabies In City; Procla. matlon. (a) It shall be the duty of the health officer to investigate, when a written complaint shall be made to him or to the city clerk that rabies exist In this city, and determine whether or not rabies does exist In the City of -Shorewood. (b) I f, on such Investigation, the health officer determines that rabies does exist in the City of Shorewood, the health officer shall thereupon make and file a proclamationsettlng forth the fact of such Investigation and determination, and also in the. proclamation prohibit the owner or custodian of any dog' from permit- ting or allowing such dogs to be at large within the city unless effective- ly muzzled so.that It cannot bite any other animal or person. (c) Such proclamation, when Issued, shall be filed with the clerk, and It shall be the duty of the clerk to forthwith publish a copy tl,ereof In the official legal newspaper of the city and to post a copy of such pro- clamation in three pUblic places within the city. The proclamation shall be deemed effective and in full force five (5) days after publication and posting of copies thereof and shall remain In fu II force and effect for a period of time designated In the proclamation but not to exceed six (6) months: .' (d) It shail be unlawful for the own. er or custodian of any dog to suffer or permit it to be at large either on the premises of the owner or else- where within the city during the time such proclamation is In force unless such dog shall be effectively muzzled so that It cannot bite any other animal or person. (e) It shall be lawful .for any police officer or'the animal enforcement officer of this city to destroy any dog running at large on the publiC streets or roads of this city in vio- lation of the provisions of such pro- clamation. Section VII. Proceedings for Destruc- tion of Certai n Dogs. " Upon, sworn complaint to the Municipal Court that 'anyone of the following facts exist: (a) That any dog at any time has destroyed property or habitually trespasses In a damaging manner on property of persons other than the owner; (b) That any dog at any time has at- tacked or bitten a person outside the owner's or custodian's premises; (c) That any dog Is vicious or shows vicious habits or molests pedestrians or Interferes 'with the driving of automobiles on the public streets or highways; (d) That any dog is a pUblic nuis- ance; (e) That any dog is running at large In vlol,atlon of this ordinance; the judge or clerk of said court shall Is- sue a Summons directed to the own- er of said dog commanding ,him to appear befOre said, judge to show cause why' said dog should not be seized arid killed by the animal en-' forcementofflcer or any .police of- ficer, ,~r otherwise disposed of. Upon such hearing and flndlng''the f;lcts true as complained of, the jlidge may' either order the dog killed or the owner or custodian to remove It from the city, or may order the own- er .or custodian, to keep It confined to II 'designated place. If the owner or custodian disobeys such order he sh,all be In violation of this ordin- ance" and any pOlice officer or ani- mal enforce merit officer may, upon disobedience of said order, Impound or dispose of the dog described In said order. Section V III. Penalties. Any person violating any provi- sions of this ordinance shall be guilty of a misdemeanor, and upon convlc-, tion thereof, shall be punishable by a fine not to exceed $300.00 or by Im- prisonment not to exceed 90 days. Section IX. Repeal of Prior Ordln- ' a nces. Ordinances Nos. 19, 27, 34, 40, and 52 relating to the regulation or keeping of dogs In the City of Shore- wood, are hereby repealed. Passed by the Council this 25th day of November, 1974. Jack T. Cooper, Mayor Attest: Elsa I. Wiltsey City Clerk Publish: The Maverick Newspaper, , December 11, 1974. . (OFFICIAL PUBLICATION) ORDINANCE. NO. 82 AN ORDINANCE TO AMEND ORDINANCE NO. 68, AN ORDINANCE ESTABLISHING RULES, RATES AND CHARGES FOR SANITARY SEWER SERVICE IN THE CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA . The City Council of the City of Shorewood does ordain: Section 1. That Section 2, Subdivi- sion B of Ordinance No. 68 of the City of Shorewood be amended to read as follows: B. Metered Flow Charges - For. all premises where the rate is to be bas- ed upon metered use of water the rate shall be $15.00 for the first 25,000 gallons used per quarter, in addition to the minimum quantity charge the user shall pay 60lt per 1000 gallons used per quarter in ex- cess of the above tabulated minimum quantities. Section 2. This ordinance shall take effect from and after its passage and publication. Passed by the City Council this 9th day of December, 1974. Jack T. Cooper, Mayo( ATTEST: Elsa I. Wiltsey, Clerk Publish: The Maverick Newspaper, December 24,1974. .