Pub of Ordinances 115-123is
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IV anu puonsnea
ORDINANCE NO.123
ORDINANCE AUTHORIZING THE
CITY COUNCIL TO ENTER INTO
CONTRACTS WITH THE
<, ATHLETIC ASSOCIATIONS FOR
SPECIFIC DATES AND TIMES OF
USE OF CITY PARK FACILITIES
SECTION 1. j
The purposa inanee Is to
pro vide for an orderly method of the
use of public recrea al facilities in
the ity of Sho so and to insure'
t aired , by pa is b with',
th a
pent and'
ppee
In the Clty recover a per -
t,on :the ebftb9sA iotenance of:
such l[acilitiest
SE 10 II.
r, The City is haroby "autorlud tos
enter a contract providing for the;
exclusive use of its recreational facfl-
1 '. )ties for set periods of time with
athletic associations and other non-
profit groups, provided, that such use
does not entirely exclude the general
ppublic from making use of such facil-
ities.
SECTION III.
The City Council Is authorized to
determine an appropriate fee to be
charged for such exclusive use, which
tees; shall be used solely for main-
tenance of the parks and recreational
facilities of the City of Shorewood.
SECTION IV. - Any contract authorizing such ex.
elusive use shall contain a require•
meat that all participants wear min
imam safety equipment for particl.
9 ' patron in such games and activities,'
and that the athletic facility or group
desiring to make exclusive use of the
facility post rules atthe park facility
governing use of safety equippment.
The contract shall contat8'such other
provisions as the City Council deems
necessary for the pprotection of the
participants and the public interest,
SECTION V.
As a condition fof oxcluslve use, the
athletic associations or other group
shall be required to provide the City`
with copies of insurance policies cov.
ering medical and 4gcl4e44 insurance
j for participants.
SECTION VI.
It shall be unlawful for any person,
group or athletic association to 1'tse
park facilities In .the , City of
Shorewood for athletic events sched-
uled by such association without such
association having -previously en-
tered Into a contract with the City of
Shorewood for use of said Shorewood
park facility.
SECTION VII.
It shall be unlawful for any person
or group to use or attempt to use
Shorewood park facilities during
i those periods the facilities have been
exclusively assigned to an athletic
aasoclation or other group pursuant
to an approved contract. i
:; SECTIQN Vlll. g
who she 1 Orson, any of. the ptiroon .
visions of this ordinance t s h h e all'be
guilty of a petty misdemeanor and
upon conviction therMt shalt be pun -)
lobed by a fine not to exceed $100.00 4.
SECTION III.
This ordinance shall take effect.
from and after its passag a nd publi - -'
I cation: _.
ADOPTED bit Ilia ty Council this
0th day of Octo r, 1980.
ATTEST
STEVE FRAZIEW
Mayor
Elsa I. Wlltsey
Clerk - Administrator D
(Oct. 13, 1980) -LAKE •t
. u-L
that it was first
and was there
d. The declursllon shnil additionally, among other things, provide that
In the event the association or cori>nration falls to maintain properties in
necks rdance with the appllenble rpiex and regulations of the City of
Shorewood or falls to pay taxes or assessments on properties as they
becmme due anti In the event the sold City of Shorewnnd Incurs nnv
ratu•narx In q•nlort•Ing Its rsdrn nail n•gnitattwnx, whirls staid rst u•ua'.m an•
col Inunrdlaloly relnthnrmed by the aamocinUall Or verporllllnn, then the
CII y u► Shorewood shall have the right 10 am9CSS each property Its proraw
shave of said cxprn.xcs. Such nsses.ancnlS, together with Interest Ihcrrnn
and costs of collection, Shull he a lien on each property against which
each such assessment Is made.
' e. Mr:mberxhip must be mandtal,try for utich owner, and any succemmlve
•• buyer.
f, Thr open space restrictions must be permanent and not for a given
.pca:od of years.
g. The association must bet responsible for liability Insurance, local
taxes. and the maintenance rf the open space facilities to be deeded to It.
h, Property owners must Puy their prorate share of the cost of the
Axsoclntliln by means of an essessntrnl (o he levied by the asxeclallon
which meets the requirements for becoming it lien on the property In
accordance with Minnesotn Statutes.
I. The Association must be able to adjust the assessment to meet
chan ged needs.
J. The by -lawi and rules of the Association and all covenants and
restrictions to be recorded must be approved by the City Council prior to
the approval of the final P.U.D. plan.
F. 89aging of Public (Park Dedication) sad Cemmaa Open Space. When a
P.U,D, rovides for common or public open space, the total area of common
or public open space or land escrow securlt In any stage of development
shall, at a minlmym, bear the same relationship 10 the 10191 open Space to be
Provided In the entire P.U.D. as the stages or units completed or under
development bear to the entire P.U.D.
G. Residential Density, The maximum allowable density In a P.U.D. shall
be determined by reference to the Comprehensive Plan, Within ten (10)
percent of that limit, the exact density allowable shall be determined by
standards aggreed upon between the applicant and the City. Whenever any
P.U.D. Is to be developed In stages, no such stage shall, when averaged with
all previously completed stages, have a residential density that exceeds one
hundred twenly.flve (123) percent of the proposed residential density of the
entire P,U,D.
For purposes of this Section, daintily shall be expressed as the ratio of
residential units per 40,000 square felt and shall be calculated based upon the
total gross acreage of the properly In question, less the area devoted to
designated wetlands, public rights-of -way, public open space, and non.
residential use.
If. Utilities. In any P.U.D., all utilities, including telephone, electricity, gas
and telecable shall be Installed underground.
1. Utility Connections,
1. Water Connections. Where more than one property Is served from the
same service line, a shut off valve must be located in such a way that
each unit's service may be shut off by the City, in addition to the
normally supplied shut off at the street.
2. Sewer Connections. Where more than one (1) unit is served by a sanitary .
sewer lateral which exceeds three hundred (300) feel in length, provision
must be made for a manhole to allow adequate cleaning and main.
tenance of the lateral. All maintenance and cleaning shall be the
responsibility of the property owners associatlon or owner.
J. Roadways, All public streets shall conform to the desltItln standards
contained In the Shorewood Subdivision Ordinance as may be amended,
Private streets, where allowed shall conform to specifications provided by
the City Engineer.'
K. Landscaping, In any P.U.D., landscapin6 shall be provided according to
a plan approved by the City Council, which shall Include a detailed planting
list with sizes and species Indicated as part of the Final Plan.•In assessing the
landscaping plan, the City Council shall consider the natural features of the
particular site, the architectural characteristics of the proposed atructas re(s)
and the overall scheme of the P.U.D. plan.
L. Townhouse, Cuadraminlam, Cooperative and Condorssinlrrn Apart.
ments.
1. No single townhouse structure shall contain more than six (6) dwelling
units.
2. Townhouses, quadraminiums. cooperatives and condominiums shall he
subdivided on an Individual unit basis according to the provisions of
Subd. s, E. 3 of this Section.
M. Setbacks.
1. The front and side yard restrictions at the periphery of the Planned Unit
Development site at a minimum shall be the same as Imposed in the
respective districts recognizing surrounding use and zoning.
2. No building shall be located less than fifteen (IS) feet from the back of the
curb line along those roadways which are part of the internal street
ppattern.
3. No building within the Project shall be nearer to another building than
one -half (N) the sum of the building heights of the two (2) buildings.
6lving due consideration to solar access.
Subdivision 3. SUBMISSION REQUIREMENTS
Ten (10) copies of the following exhibits analysis and plans shall be
submilted as applicable to the City Council during the P.U.D. process at the
times specified In Subd. 6 of this Section:
A. General Concept Stage.
1. General Information:
a. The landowner's name and address and his interest in the subject
property.
b. The applicant's name and address if different from the landowner.'
c. The names and addresses of all professional consultants who have
contributed to the development of the P.U.D. plan being submitted
including attorney land planner, engineer and surveyor.
d. Evidence that the applicant has sufficient control over the subject
P roperty to effectuate the proposed P.U.D. including a statement of all
legal. beneficial, tenancy and contractual nterests held in or affecting
the subject property and including an up -lo -date certified abstract of
title or registered properly report and such other evidence as the City
Attorney may require Io Show the status of title or control of the subjec
properly.
2. Prement Status:
a• The address and legal description of the subject property.
b. The existing zoning classification and present use of the subject
properly and all lands within one thousand (1,000) feel of the subject
properly.
c. A map depicting the existing development or the subject property
and all land within one thousand (1.000) feet thereof and showing the
precise location of existing streets properly lines, . easements. water
mains and storm an4,!enitary sewers, with Invert elevations on and
within one hundred (toy) feet of the subject property.
3. A written statement generally describing the proposed P.U.D. and the
market which It 7s intended to serve and Its demand showing its
relationship to the City's Comprehensive Plan and how the proposed
P;'U.D. Is to be designed arranged and operated In order to permit the
development and use of neighboring properly In accordance with the
applicable regulations of the City.
/,
Site Conditions, Graphic reproduclionm or the existing site conditions al a
scale of no less than one (II Inch equals one hundred (100) feet.
a. Contours - minimum two (2) fool intervals.
b. Location, type and extent of tree cover.
c. Slope analysis.
d. Location and extent of waterbodies, welfands and streams and flood
plains within three hundred (700) fret of the subject property.
c. Significant rock outcroppings.
1. F.xlsling drains a pa terns.
`` Vistas and sign�fican� views.
h. Soil conditions as they affect development.
Aff o the graphics should he list some scale as the final plan to allow
easy cross reference. The use of overlays is recommended for clear
refrr -nrc
.. ,.,'.t
(Official Prbllcatlen) • y:
ORDINANCE NO.•122'..: ; •::1;',:,
J
AN ORDINANCE AMENDING ORDINANCE NO. 77, BEING AN -
V
ORDINANCE FOR Tit PURPOSE OF.FJL0 jdJLTJbULJJJjLJV
'
(�
DER CONVENIENCE PR08PERIT AND
A. USE A
rpil
THE CITY COUNCIL OF THE. CITY OF SHOREWOOD MLNNFSOTA,
1\
DOES ORDAIN:
SECTION I
That Ordinance No. 77 be and hereby is amended by addingg thereto to new
section entitled "27.A, I'.U.D,. PLANNED UNIT DEVELOPMENT DIS.
THICT" to read as follows:
SECTION 27A, P.U.D., PLANNED UNIT DEVELOPMENT DISTRICT
Subdivision I. PURPOSE
This District is established to provide comprehensive procedures and
standards designed for district planned unit development to allow the
development of neighborhoods or portions thereof incorporating a variety of
residential types and non - residential uses. Recognizing that traditional
density, bulk, setbacks, use and subdivision regulations which may be useful
in protecting the character of substantially developed areas, may not be
appropriate to control development In less developed areas. Specifically.
P.U.D. is intended to encourage:
A. innovations In residential development to the end that the growing
demands for housing at all economic levels may be met by greater variety in
tenure, type, design, and siting of dwellings and by the conservation and more
efficient use of land in such developments:
B. Higher standards of site and building design through the use of trained
and experienced land planners, architects and landscape architects:
C. More convenience in location of commercial and service areas within a
given project or area, allowing more efficient and desirable transitions
between residential and nonresidential land uses:
D. The preservation and enhancement of desirable site characteristics much
as natural topography and geologic features and the prevention of soil
erosion:
E. A creative use of land and related physical development which allows it
phased and orderly transition of land from rural 1p urban uses:
F. An efficient use of land resulting in smaller networks of utilillex and
streets thereby lower housing costs and public investments:
G. A development pattern ill harmony with the objectives of the City
Comprehensive Plan.
It. A more desirable environment than would be possible through the strict
application of zoning and subdivision rrmlatiuns of IhaCily. -
1. To give the landowner and developer reasonable ussurunce of ultimate
approval before expending complete design monies while providing City
officials with assurances that the project will retain the character envisioned
at the time of concurrence.
J. To allow variation from the provisions of this Ordinance Including
setbacks, height, lot area, width . and depth, yards, etc. In,ernuliy within the
project. Provisions of the Ordinance shall generally be maintained at the
periphery at the P area.
Subdivivi sion 2. PERMITTED USES ' .
All permitted, accessory or conditional uses allu•.ved in this Ordinance shall
be !rested as permitted uses within the P.U.D. District. However, any
proposed P.U.D. which includes nonresidential
use shall be limited to
property containing no less than twenty (20) acres of gross land area.
Subdivision 3. SPECIAL PROCEDUltES
The establishment of P.U.D., Planned Unit Development District shall be
subject to the amendment and procedure requirements as outlined In Section
6, Subd. 3 of this Ordinance.
Subdivision 4.,GENE.RALREQUIREMENTS AND STANDARDS -
A. Ownership, An application for P.U.D. approval must be filed by the
landowner or jointly by all landowners of the property Included In a project.
The application and all submissions must be directed to the development or
the property as a unified whole. In the case of multiple ownership, the
Approved Final Plan shall be binding an all owners.
B. Comprehensive Plan Consistency. The proposed P.U.D. shall be
consistent with the City Comprehensive Plan.
C. Sanitary Sewer Plan Consistency. The proposed P. U. D. shall be
consistent with the City Comprehensive Sewer Plan.
D. Colnm m ask! Pvblle Oven Space. Common and public open space lit
least sufficient to meet the minimum requirements established in the
Comprehensive Plan and/or Zoning and Subdivision Ordinances, and such
complementary structures and Improvements as are necessary and ap.
propriate for the benefit and enjoyment of the residents of the P.U.D. shall Pe
provided within the area or the P.U.D.
E. Operating and Maintenance Requirements for P.U.D. Common Open
Space /Service FacliIsles. Whenever common open space or service facilities
are provided within the P.U.D., the P.U.D. plan shall contain provisions to
assure the continued operation and maintenance of such open space and
service facilities to a predetermined reasonable standard. Common open
space and servicf facilities* within a P.U.D. may be placed under the
ownership of one or more of the following, as approved by the City Council:
I. Dedicated to public, where a community -wide use is anticipated and the
City Council agrees to accept the dedication.
2. Landlord control, where only use by tenants la anticipated,
3. Properly Owners Association provided all of the following conditions are
met:
a. Prior to the use or occupancy or sale or the execution of contracts for
sale of an individual building unit, parrel, tracts, townhouse, apartment
or common area, a declaration of covenants, conditions and restrictions
a ra n equivalent document or it dnrumenl much us specified by Luwx 1963,
Ch: 451, St•ctimi 11 :,1111 :1 mail uI R,iur plains gut•11 six s pecific d by Luwx
I %3, Chapter 457. Sevilon 11 and ta set of floor pions xuch ns m peclfleA by
laws
1963. Chapter 457, Sevilon 13 mind by fiird with Ilor City of
Shun•w.w.d, said liling wills III,- c'lly to Ica• mud'. prior to Ihr Ilitngx of solid
declaration or ducument or Ruur planx wills Ilse recording officers of
Hennepin County. Minnexula, sons -
Is. The declaration or t•Ilvrn:ndm, rundilions and restrictions tar
equivalent ducumrnt shall Specify deal deeds, [cases or ducumenlx of
tvnveyance offecling huildinxs. units, parcels, tracts, tawnhuusex, tar
apartu -111% xludl subpart Sold properties to list- I'.rnna of mold derlarul lun
v. The declar:dgoals of ruw•uanlm tYmdlliostm and rexlriclluux Shall
p ,vid'. Thal tan uwlier'm axxnriallnn or rorporalllia Shun hr fanned and
h:,1 nil ownrrn Shall be mrmhrrx of mall! IlxNal'hlLlull nr rurpnrutlua
which shall luolalahl all pruperllrN solid rnmmon arias Its gtSld re air mid
whirh shall assras individual properly ow•nerm prupartiou :sir aluvrs tar
' joint or Thix
common rn..ls drrinrnshm sludl hr xalljeel lu Ih,• review and
apprural u/ the Cily AHarney. The intent of this retpllremenl Is to prulcel
the property values tar lhv individual owner through establishing private
control.
d. The declursllon shnil additionally, among other things, provide that
In the event the association or cori>nration falls to maintain properties in
necks rdance with the appllenble rpiex and regulations of the City of
Shorewood or falls to pay taxes or assessments on properties as they
becmme due anti In the event the sold City of Shorewnnd Incurs nnv
ratu•narx In q•nlort•Ing Its rsdrn nail n•gnitattwnx, whirls staid rst u•ua'.m an•
col Inunrdlaloly relnthnrmed by the aamocinUall Or verporllllnn, then the
CII y u► Shorewood shall have the right 10 am9CSS each property Its proraw
shave of said cxprn.xcs. Such nsses.ancnlS, together with Interest Ihcrrnn
and costs of collection, Shull he a lien on each property against which
each such assessment Is made.
' e. Mr:mberxhip must be mandtal,try for utich owner, and any succemmlve
•• buyer.
f, Thr open space restrictions must be permanent and not for a given
.pca:od of years.
g. The association must bet responsible for liability Insurance, local
taxes. and the maintenance rf the open space facilities to be deeded to It.
h, Property owners must Puy their prorate share of the cost of the
Axsoclntliln by means of an essessntrnl (o he levied by the asxeclallon
which meets the requirements for becoming it lien on the property In
accordance with Minnesotn Statutes.
I. The Association must be able to adjust the assessment to meet
chan ged needs.
J. The by -lawi and rules of the Association and all covenants and
restrictions to be recorded must be approved by the City Council prior to
the approval of the final P.U.D. plan.
F. 89aging of Public (Park Dedication) sad Cemmaa Open Space. When a
P.U,D, rovides for common or public open space, the total area of common
or public open space or land escrow securlt In any stage of development
shall, at a minlmym, bear the same relationship 10 the 10191 open Space to be
Provided In the entire P.U.D. as the stages or units completed or under
development bear to the entire P.U.D.
G. Residential Density, The maximum allowable density In a P.U.D. shall
be determined by reference to the Comprehensive Plan, Within ten (10)
percent of that limit, the exact density allowable shall be determined by
standards aggreed upon between the applicant and the City. Whenever any
P.U.D. Is to be developed In stages, no such stage shall, when averaged with
all previously completed stages, have a residential density that exceeds one
hundred twenly.flve (123) percent of the proposed residential density of the
entire P,U,D.
For purposes of this Section, daintily shall be expressed as the ratio of
residential units per 40,000 square felt and shall be calculated based upon the
total gross acreage of the properly In question, less the area devoted to
designated wetlands, public rights-of -way, public open space, and non.
residential use.
If. Utilities. In any P.U.D., all utilities, including telephone, electricity, gas
and telecable shall be Installed underground.
1. Utility Connections,
1. Water Connections. Where more than one property Is served from the
same service line, a shut off valve must be located in such a way that
each unit's service may be shut off by the City, in addition to the
normally supplied shut off at the street.
2. Sewer Connections. Where more than one (1) unit is served by a sanitary .
sewer lateral which exceeds three hundred (300) feel in length, provision
must be made for a manhole to allow adequate cleaning and main.
tenance of the lateral. All maintenance and cleaning shall be the
responsibility of the property owners associatlon or owner.
J. Roadways, All public streets shall conform to the desltItln standards
contained In the Shorewood Subdivision Ordinance as may be amended,
Private streets, where allowed shall conform to specifications provided by
the City Engineer.'
K. Landscaping, In any P.U.D., landscapin6 shall be provided according to
a plan approved by the City Council, which shall Include a detailed planting
list with sizes and species Indicated as part of the Final Plan.•In assessing the
landscaping plan, the City Council shall consider the natural features of the
particular site, the architectural characteristics of the proposed atructas re(s)
and the overall scheme of the P.U.D. plan.
L. Townhouse, Cuadraminlam, Cooperative and Condorssinlrrn Apart.
ments.
1. No single townhouse structure shall contain more than six (6) dwelling
units.
2. Townhouses, quadraminiums. cooperatives and condominiums shall he
subdivided on an Individual unit basis according to the provisions of
Subd. s, E. 3 of this Section.
M. Setbacks.
1. The front and side yard restrictions at the periphery of the Planned Unit
Development site at a minimum shall be the same as Imposed in the
respective districts recognizing surrounding use and zoning.
2. No building shall be located less than fifteen (IS) feet from the back of the
curb line along those roadways which are part of the internal street
ppattern.
3. No building within the Project shall be nearer to another building than
one -half (N) the sum of the building heights of the two (2) buildings.
6lving due consideration to solar access.
Subdivision 3. SUBMISSION REQUIREMENTS
Ten (10) copies of the following exhibits analysis and plans shall be
submilted as applicable to the City Council during the P.U.D. process at the
times specified In Subd. 6 of this Section:
A. General Concept Stage.
1. General Information:
a. The landowner's name and address and his interest in the subject
property.
b. The applicant's name and address if different from the landowner.'
c. The names and addresses of all professional consultants who have
contributed to the development of the P.U.D. plan being submitted
including attorney land planner, engineer and surveyor.
d. Evidence that the applicant has sufficient control over the subject
P roperty to effectuate the proposed P.U.D. including a statement of all
legal. beneficial, tenancy and contractual nterests held in or affecting
the subject property and including an up -lo -date certified abstract of
title or registered properly report and such other evidence as the City
Attorney may require Io Show the status of title or control of the subjec
properly.
2. Prement Status:
a• The address and legal description of the subject property.
b. The existing zoning classification and present use of the subject
properly and all lands within one thousand (1,000) feel of the subject
properly.
c. A map depicting the existing development or the subject property
and all land within one thousand (1.000) feet thereof and showing the
precise location of existing streets properly lines, . easements. water
mains and storm an4,!enitary sewers, with Invert elevations on and
within one hundred (toy) feet of the subject property.
3. A written statement generally describing the proposed P.U.D. and the
market which It 7s intended to serve and Its demand showing its
relationship to the City's Comprehensive Plan and how the proposed
P;'U.D. Is to be designed arranged and operated In order to permit the
development and use of neighboring properly In accordance with the
applicable regulations of the City.
/,
Site Conditions, Graphic reproduclionm or the existing site conditions al a
scale of no less than one (II Inch equals one hundred (100) feet.
a. Contours - minimum two (2) fool intervals.
b. Location, type and extent of tree cover.
c. Slope analysis.
d. Location and extent of waterbodies, welfands and streams and flood
plains within three hundred (700) fret of the subject property.
c. Significant rock outcroppings.
1. F.xlsling drains a pa terns.
`` Vistas and sign�fican� views.
h. Soil conditions as they affect development.
Aff o the graphics should he list some scale as the final plan to allow
easy cross reference. The use of overlays is recommended for clear
refrr -nrc
I grlr.,ttaallr drawlag ail Ihr 1,#,,l rd du VPd.PIIU cl Ili 1'bllragll lil IIIII
nut limited lit the general Incation of nugjur rs•uiullun clunnunta, publlte
and common open stance, n•sidenUal and other hand uses,
a, A - Inh•naa•u1 .1 Ihr a +llnudcd 1.010 laambrr of dwclling un o
lls II n•pitxrd fur
the I'..U.U, ain't a tubulallon ail tits' proposed asp n•oxlnuale tillucalilat+x u(
Valid use rsprrs +rd In #goon• Irrl and stem•# omi ax it porvelit of the Inial
proji•cl urea, which #bull Inchide ail least the lollnwhlg: .
I,, Area devilled to real+lanflid uses.
b, Area devoted to residential uxe by building type.
c. Area devuled lit common aspen space.
d Arra devoted to publle open sputa.
c. Approximate areas devoted to streets,
L Apprnxlmnle area devilled Io, and number of, off-street parking and
loading spaces and rrlulyd aeeras.
g. Approximate areas, and floor area, devoted to commercial uses.
7. When the P.U.D. Is to be constructed In stages during a period of time
extending hehond a single construction season, it schedule for the
development of such stages or units shull be submitted staling the
appruximule beginnin` and completion dale for each such stage or unit
and the proportion of Iha total jr,U,D, pubic or common open space and
dwelling units to be provided or constructed during each stage and the
overall chronology of development to be followed from stage to stage.
1. When the proposed P.U.D. includes provisions for public or common
open space or service facilities, a statement describing the provision that
is to be made for the care and maintenance of such open space or service
facilities. if It Is proposed that such space be owned and /or maintained
by any entity other than a governmental authority couplee of the proposed
articles of incorporation and by-laws of such entity ahall be submitted.
f. General intents of any restrictive covenants that are to be recorded with
respect to property Included In the proposed P.U.D.
10. The City Council may excuse an applicant from submitting any specific
item of information or documepl required In this stage, which It finds to
be unnecessary to the consideration of the specified proposal for P.U.D.
approval.
11. The City Council may require the submission of any additional Informs-
lion or documentation which it may find necessary to appropriate to full
consideration of the proposed P.U.D. or any aspect or stage thereof.
B. Develeameat Stage. Development stage submissions should depict and
outline the proposed Implementation of the general concept stage for the
P.U.D. Information from Ihe'general concept sla`e may be Included for
background and to provide a basis for the submitted plan. The Development
Stage submissions shall include, but not be limited to:
1. Background Information. Ten (10) sets of the following Information
(where applicable, drawn to a scale of not less than one (1) Inch equals
one hundred (100) feet, or at a scale requested by the Zoning Adminis•
trator) :
a. Proposed name of the development (which shall not duplicate nor be
similar in pronunciation to the name of any plat heretofore recorded In
the County where the subject property Is situated).
b. Zoning classification required for Development Stage submission
and any other public decisions necessary for Implementation of the
proposed plan.
c. Property boundary lines and dimensions of the property.
d. Physical features of the property Including topography wetlands,
water bodies, flood plains, vegetation and soils.
e. The location, use and size of structures and other land uses on
ad acent properties.
1. Any other information that may have been required by the City staff
or City Council in conjunction with the approval of the general concept
plan.
2. Preliminary Plans. Ten (10) sets of preliminary plans, drawn to a scale
of not less than one (1.) inch equals one hundred (100) feet (or at a scale
requested by the Zoning Administrator) containing ul leust,lhe following
information:
a. The location, slate, use and arrangement including height In stories
and feel and total square feet of around area coverage and floor area of
proposed buildings, and existing buildings which will remain, if any,
b. location, dimensions and number of all driveways, entrances, curb
cuts, parkin` stalls, loading spaces and access aisles, and all. other
circulation elements including. bike and pedestrian; and the total site
coverage of all circulation elements.
c. Location, designation and total area of all common open space.
d, location, designation and total area proposed to be conveyed or
dedicated for public open space, including parks, playgrounds, school
sites and recreational facilities.
C. Proposed lots and blocks, if any, and numbering system.
f. Detailed sketches and provisions of proposed landscaping.
g. Grading and dhinage concept plans (general locations o(cul and fill
areas, drainage patterns and ponding areas).
5. Development Plans. Ten (10) sets of the following plans, based upon
approved prellnilnary plans and drawn to a scale of not less than one (1)
inch equals one hundred (100) feel (or at a scale requested by the Zoning
Administrator):
a. If the project Is to be developed In stages, an accurate legal
description of 'the entire area within the P.U.D. for which final
development plan approval is sought.
b. A tabulation Indicating the number of residential dwelling units by
number of bedrooms and expected population /housing profile.
C. A tabulation indicating -the gross square footage. If any, of
commercial floor space by type of activity (e.g. drug store, dry cleaning,
supermarket). '
d. Preliminary architectural plans! Indicating use, floor plan, eleva•
lions and exterior wall finishes of proposed buildings,
e. A detailed site plan or plans, suitable for recording, showing the
physical layout, design and purpose of all streets, easements, rights•olt
way, utility lines and facilities, lots, blocks, public and common open
space, general landscaping plan, structures, and uses.
f. Grading and site alteration plan illustrating changes to existing
topography and natural site vegetation. The plan should clearly reflect
Ute sale treatment and its conformance with the approved concept plain.
g. Sketch plan, preliminary and final plat prepared in ticcordaoce with
the Shurewoud Subdivision Ordinance, as may be amended. Upon
; �rproval n( the City Cnuncll, the time pray may he,, submfllyd In the final
I an rtuge.
It . A Soil Erosion Control Plan acceptable to watershed districts.
Department of Natural Resources, Soil Conservation Service, air any
uthcr agency with review authority clearly illustrating erosion contnr
measures to be used during construction and as pernancia measures.
I. A slalt-mrnl summarizing all changes which hnvq• been male In tiny
d„cunu•nl, plan dale air balurtnullun previously sulunllted, togrlber wills
revised copies of any such document, plain or data.
j, Such uthvr unit furihvr Infornutiun na thtr City slnf( or ('ily ('puncil
I hall fled necessary lit a lull cuusldertdlon of Iheenllre )irupuscd 1'U!) air
;ny alage thereof. a
k, The (:fly Cnunell may rxcaxr on npplicnni from athtnllling boy
s)ts•clile Item of bdornallou or daeunreat required In this Section wbw•h
finds to late unnecessary to the consideration of the specific propoxal'lur
1'.II.D. approval.
20
C, final III." Mitosis. Aflrr a1wrilvid of n p a'nrtnl c.iu•rpl plan fair the
and oppruvul of it duvplittalnnal stiago 1) it fur is srcldua ail floss prnpl'.rd
1', 1), D., the npplicant will suharl the following material for review by the
( :Ily sttiaff prior In lssunnce. of a building pernnll.
I. I'ronf of rec•ordIng tiny elasrnu•nts and rrstrlcllvP' rnvrnnnts prior In file
site of tiny In)ad air dwclihrg 111111 W11114.1 Ihr I'Al 11_. Paul f Ihr
rsiuNllslunrN and urOlvalinn ail uu,Y entity Ihul ix lit Nr r4-sil lNlr fur U.•
nuauagaanrnl land nut int+•nnt et- ail any paddle or comstmo open -pore air
srroilve hielllty,
2. All c•q'rllflrnlrs, scads and xlgmilurrx rrqulred fair It drdirailon.l fund
and rert rdulinn of flocunannls,
1. Finns orchllrchirlal work0u drgawlhs ail till alnn•furrs,
x. Fbud t+ngiw•erlug piaan mail gin-vifleolhaax fur slrrut o, utilities unit itht
publle hil lrovamrnln, inyyq'Iher with n ( :pnumtmity /Drvrinper Agree.
meal fair I�e InxUlllollon of such Ingiruvenutnlx will Ilaonelul gunronlers
for the con+ llellon n( such Improvements.
5, Any other p an, agreements, or xpeciflentions necessary for the City staff
to review the proposed construction. At work must be In conformance
with the Minncl oln Mole Ouilrling Codc,
Ridpllvlxlnn 6, PROCF,DUiIt, 1 p110CF3S1NG A P.U.D.
A. Application Caalerance. Ilpon filing at an nppllenllnn for P.U.D., the
applicant of the proposed P.U.U. is encouraged to arrange for and attend a
conference with the Zoning Administrator. The primary purpose of the
conference shall be to provide the applicant with sin opportunity to gslher
Information and obtain guidance its to the general suiinbility of his proposal
for the area for which it is proposed and its conformit to the provisions of this
Ordinance before Incurring substantial expense in the prepnrnlion of plans,
surveys and other data.
B. General Concept Plan.
I. Purf�ose. The General Concept, Plan provides an opportunity for the
app lloanl to submit a plan to the City showing his basic Intent and the
general nature of the entire development without Incurring substantial
cost. The following elements of the proposed general concept plan
represent the Immediately significant elements for City review and
comment.
a. Overall maximum P.U.D. density range.
b. General location of major streets and pedestrian ways.
c. General location and extent of public and common open space.
d. General location of residential and non-residential land uses with
approximate type and intensities of development.
I. Staging and time schedule of development.
f. Other special criteria for development.
2. Schedule.
a. Developer meets with the Zoning Administrator to discuss the
proposed evelop men I.
b. The adppl Ica rat shall file the concept stage aP plicalion, together with
all supporting data and filing fee as established*by City Council
resolution,
c. Within thirty (30) days after verification by the stall that the
required plan land supporting data is adequate, the Planning Commission
shall hold a public hearing.
A. The Zoning Administrator, upon verification of said application,
shall Instruct the City Clerk to sea a public hearing for the next regular
meeting of the Planning Commission, The Planning Commission shall
conduct the hearing, wnd report Its findings and make recommendations
to the City Council, Notice of said hearing shall consist of a legal property
description, description of request and map detailing properly location,
and be published In the official newspaper at least ten (10) days prior to
the hearing. Written notificatinn of said hearing shall be mailed at least
ten (10) days prior to the hearing to all owners of land within five hundred
(500) feel of the boundary of the properly In question.
e. Failure of a property owner to receive said notice shall not invalidate
;my such proceedings as set forth within this Ordinance.
f. The Zoning Administrator shall instruct the appropriate staff
persons to prepare technical reports where appropriate and provide
general assistance In preparing a recommendation on the action to the
City Council. Additionally. the request shall be referred to the Park
Commission for their review and comment.
g. Upon consent of the City Council. the Planning Commission and City
staff shall have the authority to request additional information from the
applicant concerning operational factors or to retain expert testimony
with the consent and at the expense of the applicant concerning
operational factors, said information to be declared necessary to
establish performance conditions In relation to all pertinent sections of
lhie Ordinance.
h. The applicant or a representative thereof shall appear before the
Planning Commission at the public hearing in order to answer questions
concerning the proposed development.
I. Within sixty (60) days of the public hearing, or such further time as
may be agreed to by the applicant, the Planning Commission shall itself
review said reports and plans and submit its written report .and
recommendations to the Council and applicant. Such report shall contain
the findings of the Planning Commission with respect to the General
Concept flan, If the Planning Commission falls to act within the time
specified herein, it shall be deemed to have recommended the plan for
approval.
J. The Zoning Administrator, upon receipt of the Planning Commission
recommendation. shall instruct the City Clerk to set a public hearing
before the City Council. Notice of said hearing shall consist of a legal
properly description, description of request and map detailing properly
location, and be published In the official newspaper at least ten (to) days
prior to the hearing. Written notification of said hearing shall be mailed
at least ten (10) days prior to the hearing to all owners of land within five
hundred (500) feel of the boundary of the property in question.
k. Council Action.
(1) Following the required publishing and notification procedure,
the City Council shall hold a public hearing.
(2) The applicant or a representative thereof shall appear before the
City Council in order to present the planned unit development
and answer questions concerning the proposed project.
(5) The Council shall review the proposed development. any reports
and recommendations of advisory commissions and City staff.
•and testimony from the public hearings.
(4) In evulunting the request, the Council shall determine the
relationship between the proposed development, the Com-
prehensive Plan and this Ordinance.
Where any question exists as to City policy, the Council may at
any time refer the project or any specific item within the project
l back to the Planning Commission for further study and with
clarification as to such policy.
(5) The City Council shall have the authority to request additional
information from the applicant concerning operational (actors or
to return expert testimony with the consent and at the expense of
the applicanl concerning operational factors. said information to
be declared necessary to establish performance condition$ in
reluliun to all pertinent sections of Ihie Ordinance.
(6) The City Council may require revisions to or modifications of the
General Concept Plan where deemed necessary. Any such
revision or modification shall be referred to the Planning
c Commission for Informational purposes.
(7) Within sixty (60) days of their receipt of the Concept Plan and
tiny reports or recommendations from advisory commissions or
City staff, the City Council shall grant approval, resubmit the
plain to the Planning Commission for further consideration of
specified items. or deny approval of the Concept Plan.
5. Optional Submission of Development Stage Plan, In Eases of single stage
P.U.D.'s or where the applicant wishes to begin the first stage of a
mull)ple st age P.U. D., immediately he may at his nnppLion. Initially submit
Development Stage Plans for the proposed I'.L'.D. in such case, the
Planning Commission and Council shall consider such PIVS. grant or
deny Development Stage Plan approval in ;accordance wish the pro•
vislona of Subd. 6. C.
i
•
t Kil'.0 of 1 it ri flat Approval. lids%% the up dlcanl xhall foil to Inrrl
time shvdulrs Inr filing Uevelopalem Sage an� Final PlunA or shall (all
In pnrcecd with drvr•Inpment in accordance with the plan, as p girnrrvl or
.hall In any other ran nnrr full In cam ply with any r•.nndlllnI of 111).
Ur,bnanee tar of any approval graanled a rurAuunt to 11, General Concept
I'ian which has been approved xhull not he modified, revoked or
aihur -i,e Ililpalrril livnillll the appilclulon of Dovelnpmenl Alage 111,
Flnul I'I,m.. by ,env uellno o the City ul Shorewood without the consent or
1 •,.,rd..m. „n. ire 1,r 1onn4 In r.,l.l rhrring floc Ire vrinlunrnl tai 1•`11P11
1'L•n \r „gr al ,r pi n)er'1 may provide cause for IIIe (flit' in r /•quirt•
• ru „ drhr.rlra1, of Ihr General Cancepl 1'1un.
Lnnu.rhan tan Grner (•u
d ner it Ilan Approval. (hllexx it Uevelopoleal
Sl.,xr flan covering at least ten (10) dwelling units or the area
de"jim;ded in the General Concept flan ax the first Atnge pf the
% hi, hv% -rr IN greater, ham been filed within six (A) months front the dale
('ouned gr;mis General Concept Plan approval, or In any case where the
applicant falls to file Development Stage and Final Plans and to proceed
%1,h development in accordance with the provisions of this Ordinance
and Of an approved General Concept Plan, the op
proyal may be revoked
by council action. In surh case, the Council shall forthwith Adopt a
resolution repealing the General Concept Plan approval and re- eslah-
irehing the toning and ether ordinance provisions that would otherwise
be applicable. Upon application by the applicant, the Council at its
discretion may extend for additional periods not In excess of six (6)
months each, the filing deadline for any Development Stage Plan, when,
for good rause shown, such extension Is necessary.
C: Development Stage
I. Purpose. The purpose of-the Development Stage Plan Is to provide a
base It.% recommendation to lo Council Pla h substantial
compliance is necessary for the preparation of the Final Plan.
2. Submission of Development Stage. Upon approval of the General
Concept Plan, and within the time established in Subd .6, B. S. above, the
applicant shall file with the Zoning Administrator a Development Stage
Plan consisting of the information and submissions required by Subd.
S.B. for the entire P.U.D. or for one or more stages [hereof In accordance
with a staging plan approved as part of the General Concept Plan. The
development Stage Plait shall refine, Implement and be In substantial
conformity with the approved General Concept Plan.
S. Reyre % and Action by City Staff and Planning Commission. Immediately
upon receipt of a completed Development Stage Plan, the Administrator
shall refer such plan to the following City staff and /or official bodies for
the indicated action:
a. The City Attorney for legal review of all documents.
b. The City Engineer for review of all engineering data and the
Cilyt Developer Agreement
c. The City Building Official for review of all building plans,
d. The Zoning Administrator for review of all plans for compliance with
the intent, purpose and requirements of this Ordinance and conformity
with the General Concept Plan and Comprehensive Plan.
”. The City Planning Commission for review and recommendation to
the Council.
f. The Park Commission for review of public recreation and /or open
space provisions.
g. When appropriate, as determined by the Zoning Administrator to
of
her special review agencies such as the Watershed Districts, Soft
Conservation Services, Ilighway Departments or other affected agen-
cies.
All staff or commissions designated In paragraphs (a) through (d)
hereof shall submit (heir reports in writing to the Planning Commission
and applicant at least five (5) days prior to the date of the Planning
Commission meeting at which the request Is to be heard.
/. Schedule.
a, Developer meets with the Zoning Administrator and City staff to
discuss specific development plans.
b. The applicant shall file the Development Stage application within six
(6) months after Concept Plan review, together with all supporting data
and filing fee as established by City Council resolution. P o
c. Technical staff men(. and distributed re s hall
o thePlann ng Commission a the applicant at
least live (5) days prior to the date of the Planning Commission meeting
a' ' the request is to be heard.
d. The applicant or a representative thereof shall appear before the
Planning Commission In order to answer questions concerning the
Proposed development.
e. The Planning Commission will make a recommendation to the City
Council on the Development Stage Plan.
I. Council Action.
(1) The applicant or a representative thereof shall appear before the
City Council in order to present the Development Stage Plan and
answer questions concerning the plan,
(2) The Council shall review the Development Stage Plan and any
reports and recommendations of advisory commissions and City
staff.
(5) The Council ,hail determine the relationship between the De-
vrlOpmrnl Stage Plan and the previously approved Concept
Plan.
(u Where deemed necessary, an additional public hearing may he
required during the Development Stage of the P.U.U. Such public
hearing shall he held at the discretion of the City Council and
shall comPiy with the procedures set forth in Subd. 6, B., 2., c.
Ihrough j. of this Section.
(5) The City Council may require revisions to or modifications of the
Development Stage Plan where deemed necessary. Any such
revision or modification shall be referred to the Planning
Commission for Informational purposes.
(6) The Council shall approve or deny the Development Stage Plan.
(7) If apprmf -d, the Council shall instruct the City Attorney to draw
UP a P.t' U. Agreement which stipulates the specific terms and
cnndltions approved by the City Council and acct• ited by the
Pf;Phronl This Agreement shall he Algned by the Mayor of the
Rt rt 'ihnrewond, City Administrator and the applicant within
thirty On i Aays of Council approval of the Development Stage
Plan. Where the Development Stage Plan is to be resubmitted or
denied ap Proyal. the Council action shall be by written report
setting fnrlh the reasons for Its action. In all cases, a certified
copy of ih,• documcrt evidencing Council action shall be prompt-
s. I,imllal I,v nevrn-dlo (he app i Iy A t he Zoning Administrator. r
cm enng the area designated in the DeOlopment Plan as the f rst
stage of the P.U.D. has been filed within six (6) months from the dole
Council grants Development Stage Plan approval, or In anv case where
the applicant fails to file Final Plans and fo proceed with development In
accordance with the provisions of this Dominance and /or an approved
nevelopmenl Slate Plan, the approval shall expire. Upon applications by
the Applicant, the Council at its discretion may extend for not more than
six (6) months. the filing deadline for any Final Pl when. for good
rouse shown, such extension is necessary. In any case where Develop.
meal Plan approval expires, the Council shall forthwith adopt a
rrsululion repealing the General Concept Plan approval and the De-
celnpmrnl Stage Plan approval for that portion of the P. U.D. Iha( has
npt received Final flan approval and reestablishing the zoning and other
ordinance provisions that would otherwise be appllcuhle.
6 Site Improvements At an)' time following the approval of a Development
Stagr flan hs• the (•rruncil, the ap plicant May, pursuant to the applicable
ordinances of the ('try apply f or, and 'the Cily Engineer may . snot, '
grading Permits for the area within the P.1LD. for which f)eyV
Stage Plan ;1Pprnc,r1 has been given.
D. rla.l P.lad.
1. Purpose, Thb Final Plan Is to Arrve as a contplele, Ihorpullh and
_ pennnnenl mbflr rorurd of the VAIA). and the manner in which it Is to be
deVeloped. II shall incorporate nil prior Approved planx and All approved
mndl(Icatlenit lhernaf resulting from the �.ILD. process. It Aholl xrrve In
eunlunellon With Other ('lly ordlnonerx xx Ihp [And uxr a ulxllon
applicable to the I', 11, U, The Final flan Is Intended only to add �etall to,
And to put In final form, the Information rpninined in the Devrinpmrnl
41mgm (•Ion And .limit run fufnt W It,. Ile vrlapnroul Y1agA t•lan In all
renpet•ta,
g. Schedule.
n. piton approval of the Development Stage flan, and within the time
es
to shed y SubdA.C.S, above, the applicant shall file with the Zoning
Administrator a Final Plan consisting of the Information and sub -
mlaxlonA required by Suhd. S. C of this Section for the entire P.U.D. or for
one or more stages. This plan will be reviewed and approved /denied by
City Staff, unless otherwise specified by the City Council,
b. Within thirty (SO) days of Its approval, the applicant shall cause the
Final Plan, or such portions thereof as are approprlale,to be recorded
with the County Register of Deeds or Registrar e( Titles. The applicant
shall provide the City with a signed copy verifying county recording
within forty (40) days of the date of approval.
3. Building and Other Permits. Except as otherwise expressly provided
' herein, upon receiving notice from the Zoning Administrator that the
approved Final Plan has been recorded and upon application of the
applicant pursuant to the applicable ordinances of the City, all op-
proprlale officials of the City may Issue building and other permits to the
applicant for development, construction and other work in the area
encompassed by the approved Final Plan provided, however, that no
such permit shall be Issued unless the appropriate official is first
aallsfled that the requirements of all codes and ordinances in which are
applicable to the permit sought, have been satisfied.
4. Limitation on Final Plan Approval. Within one (1) year after the
approval of the Final Plan for P.U.D., or such shorter time as may be
established by the approved development schedule, construction shall
commence In accordance with such approved plan. Failure to commence
construction within such period shall, unless an extension shall have been
granted as hereinafter provided, automatically render void the P.U.D.
permit and all approvals of the P.U.D. plan and the area encompassed
within the P.U.D. shall thereafter by subject to those provisions of the
zoning ordinance, and other ordinances, applicable In the district in
which It Is located. In such case, the Council shall forthwith adopt an
ordinance repealing the P.U.D. permit and all P.U.D. approvals and re-
establishing_ the zoning and other ordinance provisions that would
otherwise be applicable.
The time limit established by this paragraph may, at the discretion of
the Council, be extended for not more than one (1) year.
S. inspection During Development.
”. Compliance with Overall Plan. Following Final Plan approval of a
P.U.D., or a stage thereof, the Zoning Administrator shall, at least
annually until the completion of development, review all permits issued
and construction undertaken and compare actual development with the
approved development schedule.
If the Zoning Administrator finds that development is not proceeding In
accordance with the approved schedule, or that it falls in any other
respect to comply with the P.U.D. plans as finally approved, he shall
immediately notify the Council. Within thirty (30) days of such notice, the
Council shall either by ordinance revoke the P.U.D. permit, and the land
shall thereafter be governed by the regulations applicable in the district
in which it Is located; or shall lake such steps as it shall deem necessary
to camper compliance with the Final Plans its approved: or shall require
the land owner or applicant to seek an amendment of the Final Plan.
SECTION Ii.
This ordinance shall lake effect from and after Ili passage and
ADOPTED by the City Council this 6th day of October, 1960.
STEVE FRAZiER.
Mayor
ATTEST:
ELSA 1. WILTSEY
Clcrk- Administrator
(Oct. 15, 19AM -LAKE
I •
(Official Publication)
ORDINANCE-NO. III
AN ORDINANCE PROVIDING FOR
LAWFUL INCIDENTAL PRIVATE
Un6 or PUDLICLY OWNED
RIGHT -OF -WAYS
The Clty Council of the City of
Shorewood, Minnesota ordains as fol-
lows:
SECTION 1. Purpose
The yublic welfare requires that
the public right -of -ways within the
City of Shorewood, Including high-
ways, roads, streets and alloys, be
reserved for public purposes. Public
use of the full width of the right -of-
wsys la necessary to public safety
and the proper and efficient main
tenance of the right -of -ways. How-
ever, It is recognized that 11r61ted
private use or encroachment onto the
right -of -ways is not necessarily In
consistent with public use. Iglu ths.
F u of this ordinance to provide
or lawful Incidental private use of
publicly owned right- of -wayY not ln-
consistent with public use. r „w +�, <
SECTION, 11. .s°: �
The right to, use - publicly:
right -of -ways within the per I
Shorewood for any private: use or
purpose other , than the pdr"
purpose of public travel, w hettir
such use constitutes it substantial or
Incidental use, may be acquired, only
through permit granted pursuant to
this ordinance. Any private Property
located within or encroaching upon
publicly owned right -of -ways, which
as not been authorised In ac-
cordance with this ordinance, shall be
unlawful and subject to removal.
SECTION 111.
Any person may apply to the City
Councll of the City of Shorewood for a
permit to keep or maintain private
property within a publicly owned
right -of -way. The application shall
be In writing and must describe with
specificity the private property and
right -of -way involved, and the nature
and extent of the requested encroach -
ment. The City Council may granUt�he
permit of It Is determined that theliae
applied for is Incidental and not in-
consistent with safe and efficient F�ub-
lic use. However, no permit wllI be
issued until the applicant has agreed
In writing to waive any right to re-
cover from the City of Shorewood for
damage occurring to the property
located within the right -of -way which
may result from the rformance of
the City of Shorewood or its agents of
its public duties required by law.
SECTION IV.
The City of Shorewood reserves the
right to revoke any permit granted
under this ordinance as may be re-
quired by the public Interest.
SECTION V.
Any
who shall person, any of the pro-
vi of this ordinance shall be
guilty of a misdemeanor and upon
conviction thereof shall be punished
by a One not to exceed =900.00 and /or
by Imprisonment for not to exceed 90
days.
SECTION VI.
This ordinance shall take effect six
months from and after Its passage
and publication.
ADOPTED by the City Council the
28th day of May, 1980.
STEVE FRAZIER
ATTEST: Mayor.
Elsa I. Wiltsey
Clerk- Administrator
(dune 11, 1980) -LAKE
0
i
(Official Publication)
CITY OF SHOREWOOD
ORDINANCE NO. 120
AN ORDINANCE
ORDINANCE NO. 18, AS IT
G
PERTAINS TO LICENSE AND
INSPECTION FEES FOR WELL
INSTALLATIONS, AND
AMENDING ORDINANCE NO. 84.
AS IT PERTAINS TO
INSPECTION FEES SEWER
CONNECTIONS
The City Council of the City of
Shorewood, Minnesota, ordains:
Section 1. That Ordinance No. 18,
Section 3, shall be amended to read as
follows:
"Section 3. Before proceeding
with the Installation, construction
or repair of any individual water
supply system in the City of
Shorewood, the owner or lessee
thereof, or his agent, shall first
obtain a permit from the City for
the specific Installation, con -
structlon or repair thereof. At the
time of applying for said permit,
the for such t
may from time to time establish
by resolution."
Section Z. That Ordinance No. 51,
Section 1, which amended Ordinance
Section That is Ordinance No. 64,
Section 5:02, subd. 1, 2 and 3 shall be
amended to read as follows:
"Subd. 1. There shall be two
classes of building sewer and
connection permits.
"Subd. 2. For residential service;
and
Subd. 3. For non - residential in-
cluding service to commercial
establishments, churches.
>I schools and establishments pro -
ducing industrial waste. In either
aaspei application
lform fu nished by the
be suppplemented b y any plans,
speai[icationa or other informa-
lion which the City may reason-
ably require. At the time of app
ply -
ing for said permit the appli-
cant shall pay an inspection fee'.
as prescribed by the Council. In-
spection fees for residential con-
nections and for non - residential
connections shall be in such
amounts as the Council may from
time to time establish by resolu-
tion."
Section 4. This Ordinance shall be in
effect from and after its passage and
publication.
- ADOPTED by the City Council this
12th day of May. 1980.
ATTEST:
ELSA 1. WILTSEY
Clerk- Administrator
(June 4. 1980) -LAKE
•
r
�J
(Official Publication)
LEGAL NOTICE
ORDINANCE NO. 110
AN ORDINANCE LIMITING THE
STORAGE OF MOTOR VEHICLE
FUEL ON RESIDENTIAL
PROPERTY
The City Council of the City of
Shorewood, Minnesota, ordains:
Section 1. PURPOSES
Mindful of the volatile propert4s of
motor vehicle fuel and the grate
hazards of fire and explosion created
when the same Is stored to largo,.
quantities In an uncontrolled manner,
the City Council does adopt these
regulations.
Section 2. REGULATED AC-
TIVITIES
1. It shall be unlawful for the
owners or occupants of property situ-
ated within the City's residential dis-
tricts (as determined by reference to
the City Zoning Ordinance) to store in
any container or tank or in any other
manner in excess of 10 gallons of
motor vehicle fuel, whether in the
form of gasoline, diesel fuel, or other-
wise. Storage tanks In existence at
the date of adoption of this ordinance,
containing quantities of motor vehi-
cle fuel in excess of such limit, shall
be permitted to be emptied at the
usual and presently accustomed
rate; however, such tanks shalt not
be permitted to be refilled in excess
of the limits stated herein.
2. It shall be unlawful for any
person, firm or corporation to deliver
to residential property, or into any
storage container or tank located
thereon, quantities of motor vehicle
fuel In excess of 10 gallons.
3. All underground fuel storage
tanks including, but not limited to,
home heating fuel tanks which are
abandoned or no longer in use shall,
at the owner's option, either be re-
moved or filled with sand or other
earthen material within ninety (90)
days of such abandonment or disuse.
Section 3. EXEMPTIONS
1. Businesses storing motor vehicle
fuel for usual business purposes on
property zoned commercial or on
property zoned residential where the
business is conducted pursuant to an
existing permit shall be exempt from
these regulations.
2. These regulations shalliiot apply
to tanks which are attached to or are
an integral part of motorized vehicles
or boats.
Section 4. PENALTIES
Any person, firm or corporation
who shall violate any of the pro-
visions of this ordinance shall be
guilty of a misdemeanor and upon
conviction thereof shall be punished
by a fine not to exceed 9500.00 and /or
by imprisonment for not to exceed 90
days.
Section S. EFFECTIVE DATE
This ordinance shall be in full force
and effect from and after its passage
and publication according to law.
ADOPTED by the Council of the
City of Shorewood, Minnesota this
31st day of March, 1990.
STEVE FRAZIER
Mayor
Attest:
ELSA I. WILTSEY
Clerk /Administrator
(April 23, 1990) -LAKE
C]
ORDINANCE NO. 118
Is Amending No. 68
ESTABLISHING RULES, RATES AND CHARGES
FOR SANITARY SEWER SERVICES
An ordinance to amend Ordinance No. 68, an ordinance establish-
ing rules, rates and charges for sanitary sewer services in the City
of Shorewood, Hennepin County, Minnesota.
The City Council of the City of Shorewood does ordain:
Section 1. That Section 2, subdivision A and B of Ordinance
No. 68 of the City of Shorewood be amended to
read as follows:
"A ". Minimum charges -- The minimum quarterly
charge whether the use of water is metered
Y or not metered shall be that quarterly or
monthly charge established by resolution
of the City Council of the City of Shore-
wood."
"B ". Metered flow charges shall be established
by resolttion of the City Council of the
City of Shorewood.
Section 2. Repeal. Ordinat - ice No. 85 of the Ordinances of
the City of Shorewood is hereby repealed.
Section 3. This ordinance shall take effect from and after
its passage and publication.
Passed by the City Council this 31st day of March , 1980.
Steve Frazier, Mayor
ATTEST:
Elsa I. Wiltsey, Clerk/Administrator
Published in the Sun Newspoper this day of
1980.
0
a
0
(Official Publication)
LEGAL NOTICE
CITY OF SHOREWOOD
ORDINANCE NO. 117
AN ORDINANCE ESTABLISHING
PROCEDURAL AND FINANCIAL
CRITERIA IN APPLYING FOR
ISSUANCE OF INDUSTRIAL
REVENUE BONDS BY THE CITY
OF SHOREWOOD TOGETHER
WITH REVIEW AND HEARINGS
ON THE APPLICATION BY THE
COUNCIL OF THE CITY OF
SHOREWOOD AND AUTHORITY
OF THE CITY TO ISSUE
INDUSTRIAL REVENUE BONDS
IN RESPONSE TO THE FILED
APPLICATION.
The City Council of the City of
Shorewood does ordain:
1. POLICY STATEMENT
Industrial development bond fi-
nancing is undertaken by the City
pursuant to the provisions of the Mu-
nicipal Industrial Development Act,
Minnesota Statutes Chapter 474. The
purpose is to encourage economic
growth within the City.
Although industrial revenue bonds
are issued by the City, the full faith
and credit of the municipality is not
pledged to pa for these bonds. They
are secured by payments made by
the recipient of the bond proceeds as
established by a revenue agreement,
the reserves established tor• the
project, or by a guarantee of the
appiicatnt or a mortgage on the prop-
erty. The City Council reviews each
E industrial development
bond project individually. Such re-
view is made to determine if the
project can aid the general welfare
and economic growth of the City and
specifically if the project is com-
patible with the comprehensive plan
and objectives of the City and of the
neighborhood in which the project
shall lie. The reviews are made in
open meetings open to the public. All
documents of the applicant tiled with
the City are public records. The ap-
plicant for bonds by milking applica-
tion agrees that any information de-
livered to the City by or'on behalf of
the applicant is not privileged and
may be disclosed to the public.
In order to provide a procedure for
applying for and issuance of such
bonds, the following requirements
are hereinafter set forth:
11. DEFINITIONS
As used herein:
1. "Bond" means the Revenue Bonds
or revenue notes or other revenue
obligation of the City.
2. "City Attorney" means the City
Attorney of the City of Shorewood.
3.. "Commissioner7 means the Com-
missioner of Securities of the State
of Minnesota.
4. "Council" means the City Council
of the City of Shorewood.
5. "Original Purchaser" means the
financial institution, municipal
bond underwriter, or other person
who purchases the bonds.from the
City. '
6. "Placement Agent" means a per-
son or concern who acts as agent
for the Applicant to secure a
purchaser of the bond on a private
placement basis.
7. "Project" means a project as the
term is defined in Minnesota Stat-
utes S 474.02.
8. "Underwriter" means a person or
concern who agrees to purchase
the bonds from the City with a view
to resale.
9. "Applicant" means the party or
concern which seeks to have bonds
issued on its behalf to finance a
project.
10. "Project User" means the party
or concern who is to occupy or use
a project.
III. APPLICATION
The applicant shall make full and
complete application at least two
weeks prior to a scheduled meeting of
the council at which the application is
to be presented. An original and elev-
en copies of the application and all
attachments and exhibits shall be
furnished to the council and shall be
filed with the Clerk /Administrator.
The application shall contain the fol-
lowing in
a. The name, address, and tele-
phone number of each of the
following participants:
1. A representative designated
by the Applicant for the project.
2. Applicant's corporate or other
legal counsel who will represent
Applicant as to the project.
3. Applicant's proposed bond
counsel.
4. Applicant's accounting' firm:
5. Proposed original purchaser
or placement agent.
6. Proposed trustee, if any.
7. Proposed paying agent, if any.
b. As to the Applicant:
1. The name and address of the
Applicant.
2. The state or other jurisdiction
of incorporation or organization,
the form of organization, and a
brief description of the organiza-
tional structure, includin� pa-
rent, subsidiaries, and affi Cates.
If the Applicant Is a partnership
the names and addresses of all
general and limited pbrtners.
3. A brief statement of the type of
business engaged in by the Ail:
plicant and the history of the
company.
4. The names of executive or
managing officers and directors
of the Applicant.
5. If the Applicant is rated or
listed by any published ratitk
agency, such fact shall be noted
with the rating.
6. A statement as to whether the
Applicant or any member of the
partnership if the Applicant is a
partnership has filed or recorded
a request to issue or register
securities under any state "blue
sky law" during the preceding
12 -month period.
7. The total number of persons
currently employed by Appli-
cant.
8. The total number of persons
currently employed in the City of
Shorewood.
9. The total number of employees
presently residing in the City of
Shorewood.
10. A statement as to whether the
Applicant, officer or partner, has
previously been an Applicant,
officer or partner of an Appli-
cant, or user of a project fi-
nanced by industrial revenue
bonds in any city of the State of
Minnesota. If so, include the
name of the city, amount of
bonds, when issued, and whether
any of these bonds are in default.
c. As to the Guarantor: The same
information required of Appli-
cant under (b) above, plus finan-
cial stIatements.
d. As tb the Project User: The
same information required of
Applicant under (b) above, if the
proposed user of the project Is
other than the Applicant.
e. The Project:
1. A short, plain description of
the Project, its location and in-
tended use. Describe any equip-
ment included.
2. Present ownership of the pro -
posed Project site and Appli-
cant's interest therein.
3. The present zoning of the
Project site. Provide legal de-
scription of Project.'
4. The estimated cost of the
Pro act classified under the fol-
lowing headings:
1. Land acquisition
2. Property development
3. Construction contracts
4. Mortgage fees
5. Construction Interest, if any
6. Architectural and engineer -
ing
7. Legal and accounting
8. Contingency (explain if
more than 5% of cost)
5. A statement of any effect on
the environment to be caused by
the Project.
6. The projected number of new
employees of Applicant gener-
ated by the Project.
7. Other financing attempted or
available for the Project includ-
ing any interim financing. If in-
terim financing is required, a
showing of a binding letter of
commitment from a reputable
lender.
8: The names of proposed
architect, engineer, and general
contractor for the Project.
9. The approximate date of com-
mencement of the Project and
completion of the Project.
10. A pro forma budget for opera-
lion of facility for a projected
three year period.
11. Equity to be contributed by
Applicant which shall equal at
least 25% of Project.' Explain
how equity to be contributed,
that is in cash, increase in value,
or work product.
12. The minimum applicable size
Project shall be $500.000,00.
a. The annual fair market ren-
tal value of the Project shall
equal or exceed the total
amount of annual principal
and interest due on the pro-
posed bonds.
1. Bonds
L The amount of bonds proposed
to be issued and an analy of the
use of the bond proceeds, Includ-
ing any proposed reserves or cap-
italized interest.
2. The proposed date of closing or
delivery of the bonds.
3. The length of the bond issue
and proposed maturities.
4. The type of undertaking pro -
pposed for the payment of the
bonds. including any guaranty of
the bonds or the security under-
lying the bonds.
5. Proposed schedule of
payments by Applicant.
g. The application shall include the
following attachments:
1. Corpporate Applicants:
a Applicant's annual report
(including an audited balance
sheet and income statement)
for the past three (3) years or
Applicant's audited financial
statement for the past three
(3) years.
b. Applicant's quarterly
statement for present and past
year.
1. Net worth of Applicant as
reflected by balance sheet for
preceding year shall equal or
exceed Applicant's outstand-
ing indebtedness.
c..A summary of (a) and (b)
above.
2. Individual or. Partnership Appli-
cants:
A certified statement of income
aqd expenses for the three (3)
years prior to the year of applica-
tion and statement of income up to
present quarter.
3. A statement describing any pend-
ing litigation either by or against
the Applicant be it one individual
partnership or corporation or its
subsidiaries or the executive or
managing officers; partners, and
directors of the Applicant other
than'ordinary routine litigation.
4. A copy of any agreement be-
tween the Applicant and the ori-
ginal purch$ser or placement
agent.
5. A comprehensive statement in-
dicating how the Project satisfies
the public purpose and policies of
the Minnesota Industria Develop-
ment Act.
6. An opinion of bond counsel that
the City is authorized to issue its
bonds.
7. A letter of intent to purchase the
bond issue from the on InaI
purchaser or an analysis of a fiscal
consultant upon review of the
Project, as to the feasibility of the
Project from a financial stand-
liminary approval to the Project, or
other similar official action, to be
adopted by the City Council.
9. An architect's rendering of the
proposed building and a site plan.
lo. Application to Minnesota Com-
missioner of Securities on pre-
scribed form.
11. Public Hearing Notice.
12. A certified check in the amount
of $1,000.00 payable to the city as an
escrow deposit, against which the
city will charge all reasonable and
necessary expenses and costs, in
eluding all legal, administrative,
and Fiscal consultive fees as-
sociated with the application. -
13. A letter from the Applicant
agreeing to pay upon demand all
necessary and reasonable costs and
expenses in excess of the $1,000.00
escrow deposit. The latter shall
state that the Applicant agrees to
pay all such coats and expenses,
regardless of whether or not the
bonds are sold or the Project com-
ppleted.
h. Oral Presentation to Council:
The Applicant after filing the
required written application
shall make an oral presentation
to the council. if retained by the
Applicant the bond underwriter
or placement agent and bond
counsel shall also be in atten-
dance. Following the initial oral
presentation, the City Council
shall make a determination as to
whether the application pro-
motes the general welfare, and
favorable economic growth
within the city, and is in con-
formity with the City's com-
prehensive plan and objectives
of the city and of the neighbor-
hood in which it lies and if all of
the criteria required by Section
III of this ordinance have been
met by the Applicant. If it makes
such an affirmative determina-
tion it ma� call a public hearing
on tie app kalion.
I. Preliminary Approval by City:
1. In the event the council de-
termines to proceed with the
Project, the council will hold a
pubic hearing on the Project,
notice of which will be published
at least fifteen but not more than
thirty days prior to the date of
hearing. The notice must appear
in both the officially designated
newspaper of the city and the
Minneapolis Star or Tribune. The
Applicant or his representative
shall attend the public hearing
and be prepared to make such
oral presentation as may be re-
quired.
2. The preliminary approval of
the city, if granted, shall be valid
for a period of six months from
date during which time all mat-
ters relating to approval by the
State Commissioner of Securities
and other approval bodies shall
be obtained and all matters relat-
ing to the issuance of the bonds
completed and the bonds issued
unless good cause is shown for an
extension.
j. Approval of Commissioner:
If the council gives preliminary
approval to the Project, an ap-
plication for appproval of the
Project by the Commissioner of
Securities, as required by Minne-
sota Statutes, Sec. 474.01.(7), will
be submitted to the Com-
missioner by the proper city of-
ficials.
IV. REQUIREMENTS
The requirements herein shall be
considered to be a minimum require-
ment and the council reserves the
right to add additional requirements
on a case -by -case basis.
A. Reserve
A reserve in the amount of the
average o[ one year's payment of
princippat and interest on the bonds
shall be required, unless waived by
the council.
B. Performance Bond
A contractor's payment and per-
formance bond of the kind described
in Minnesota Statutes, Sec. 574.26,
shall be required, unless waived by
the council.
C. Taxes
The Applicant shall pay when due
all real estate taxes assessed against
the Project. The mortgage regis-
tration tax on any mortgage shall be
paid by the Applicant.
D. Title to Project
There shall be title insurance or an
acceptable title opinion on the
Project.
E. Prior to the adoption of the final
resolution authorizing issuance of the
industrial revenue bonds, the appli-
cant shall deliver a firm financing
commitment from an original
puiich table to the
A. Pending approval of the Project
by the Commissioner, bond counsel
may proceed to prepare a draft of the
necessary legal documents and pro-
ceedings for the transaction.
B. Draft copies of any instruments,
documents or proceedings which the
city must adopt or approve or which
the city must sign or execute shall be
delivered to the city attorney for
review. The city attorney shall work
with the Applicant, bond counsel and
the original purchaser, and shall re-
port to the council any changes in the
requirements of the Project a deems
appropriate prior to the date set for
the adoption of the final proceedings.
C. Bond counsel shall be respon-
sible for the correct procedures to be
followed in the adoption of the various
legal proceedings by the eft and the
Applicant. Bond counsel shall pre-
pare and distribute closing docu-
ments at least two weeks prior to the
proposed closing date.
D. Three (3) complete and final
copies of each instrument or docu-
ment which the city must adopt or
approve or which the city must sign
or execute shall be delivered to the
city, together with -ten (10) copies of
the final resolution authorizing the
issuance of the bonds, at least two
weeks prior to their tentative adopp
lion date by the city . cou isil. The
resolution shall be4n the form used by
the city and approved by the city
attorney.
E. The documents will contain no
warranties by the city. The purchase
price and interest rates to be borne on
the bonds shall be determined no
later than two days prior to the date
set to adopt.the final resolution au-
thorizing the bonds.
VF. CLOSING
A. Arrangements for the closing of
C. Comfort Letters
In addition and also as a oondition
the transaction shall be made with
precedent to closing, the City may
the city in advance. In establishing
require the accountant to execute a
the closing date, sufficient time shall
letter addressed to the City relative to
be allowed for obtaining the execu-
by All
an accounting survey of the Applicant
by to the
tion of the documents the city.
documents to be executed by the city
made such accountant prior
closing which shall set forth in rea-
shall first be executed by any, other
sonable detail the extent of survey
signatories parties to such docu-
and shall also state that the accoun-
ments.
tant has read the official statement,
particularly, and nothing came to the
B. The bond closing shall take place
attention of such accountant which
at a location mutually acceptable to
disclosed any material variance
all parties.
the
tondo the o[ft statement and the
C. Bond counsel shall be respon-
onditions of the Applicant as d
th
sible for all necessary
Y recordings.
[ermined by such accountant in his
D. At the time of closing the city's
survey.
fee shall.._ be paid to the
The form of the comfort letter, if
Clerk / Administrator. This fee is 1`7
required, shall be delivered to the
of the principal amount of the bends
City not less than two weeks prior to
but not less than the minimum fee of
closing.
$1,000 nor more than a maximum
D. Applicant's Counsel
of $10,000.00. The $1,000.00 deposited
There shall be an opinion of counsel
with the application shall be con-
to the Applicant:
sidered as part of this payment.
1. That the Applicant has full
Vll. RESERVATION OF RIGHTS
power and authority to enter into
A. Until the bonds are issued and
the transaction, and has duly au-
notwithstanding that any agreements
thorized all necessary action and
or approvals or understandings may
taken all necessary steps.
have indicated to the applicant or
2. That counsel has examined the
original purchaser that the city would
official statement and based on
take any action at any certain date,
counsel's knowledge the same
the city reserves the right to:
contains no untrue statement or
1. Reject the application for
omits to state any material facts.
bonds in whole.
3. On such other matters as may
2. Reject the application for
be required by the City,
bonds as being incomplete.
ppurchaser, or bond counsel.
3. Rej*t the Applicant's choice
E, goad Counsel
of underwriter, trustee, paying
In addition to the usual opinion. of
agent or bond counsel.
Bond Counsel, there shall be an opin-
4. Reject the Project in whole or
ion of Bond Counsel:
in part.
1. That no registration of the
5. Require "no action" letters or
bonds, the underlying security,
Internal Revenue Service rulings
before issuing the bonds. If such
including any guaranty nor any
qualification of the trust inden-
letters or rulings are required,
the issuer shall be responsible to
ture fs required by the 1933 Fed -
era l Act, tfie 1934 Act, or 1939 Act.
submit the needed request.
If such registration or quail-
6. Require corrections or amend-
ficatioh I$ required, the opinion
ments to any legal proceedings.
shall state It has been done in full
7. Impose any other require-
accordance with the referenced
ments as conditions precedent to
acts.
the issuance of its bonds.
2. If a guaranty is an integral part
8. Consult with bond counsel con-
of the bond security, that the
•
cerning the Project or issuance of
guaranty is in all respects bind -
the bonds.
ing upon the guarantor.
Vlll. ACCURACY OF DATA
3. Approving as correctly stated,
A. Underwriter's and Placement
without material omission, any
Agent's Responsibility
characterization of the legal pro -
The Underwriter shall have the
ceedings contained n the official
primary responsibility for the prepa-
statement.
ration of the official statement al-
F. Applicant and Guarantor
though information may be supplied
The applicant shall indemnify and
by the Applicant. The Underwriter
hold harmless the city and its em-
shall have the responsibility of assur- "
ployees and staff from all errors or
ingg itself that the statements at-
omissions of every nature what -
tributed to the Applicant in any of-
soever contained in any legal pro -
ficial statement are substantially
ceedings or any official statement or
true and correct. The Underwriter
other official representation per -
shall indemnify and hold the City, its
taining to the issue of bonds to be
officers, employees, and staff, and
sold.
the Commission, its members and
G. Opinions
staff, individually harmless from any
in
Opinions, except the opinions of
be
error or omission any official
statement.
bond counsel, shall either ad-
dressed to include the city (among
In the event of a private placement,
others) or, if not, a separate letter
the placement agent, or in the
shall be addressed to the city allow-
absence thereof, the Applicant, shall
ing the city to rely upon such opinion .
be responsible for the preparation of
All opinions shall be in form and
any placement memorandum and
substance acceptable to the city.
shall indemnify and hold the City and
IX. EFFECTIVE DATE
its members and staff individually
OF ORDINANCE
harmless from any error or omis-
This ordinance shall be in effect
sions in any placement memo-
from and after its adoption and publi-
randum. (n all private placements, a
cation according to law.
placement letter shall be required of
Adopted this 25th day of February,
the original purchaser.
1980.
B. Accountant's Consent
STEVE FRAZIER
In any public offering the official
Mayor
statement shall include a fully
ATTEST:
certified balance sheet or income
ELSA 1. WILTSEY
statement of the Applicant (and also
Clerk- Administrator
for any concern which may guaran-
(March 5, 1980) -LAKE
tee payment or collection of either the
bonds themselves or the lease, note
purchase agreement or any other
form of obligation entered into by and
between the Applicant and the City
relative to the bonds to be issued),
and the Applicant or guarantor shall
require a manually executed
certification from the accountant or
accountants who audited such instru-
ments, allowing the City to rely on
such statements and balance sheets
and to incorporate the statements
and balance sheet in the official
statement. The consent herein re-
quired shall be a condition precedent
to closing.
• ORDINANCE 116
AN ORDINANCE AMENDING ORDINANCE NO. 77,
BEING AN ORDINANCE FOR THE PURPOSE OF
PROMOTING HEALTH, SAFETY, ORDER, CONVEN-
IENCE, PROSPERITY AND GENERAL WELFARE BY
REGULATING THE USE OF LAND, THE LOCATION,
AREA SIZE, USE AND HEIGHT OF BUILDINGS ON
LOTS AND THE DENSITY OF POPULATION IN SHE
CITY OF SHOREWOOD, MINNESOTA
The City Council of the City of Shorewood, Minnesota
ordains:
SECTION 1. Ordinance No. 77, Section 16, is hereby amended
by adding thereto the following paragraph:
"Lot 6, St. Albans Bay Estates, and Lot 74, Auditor's
Subdivision 141, Hennepin County, Minnesota, is hereby
included within the R -3 zone of this ordinance and the
official zoning map shall be forthwith amended to show
such change of zoning."
• SECTION 2. This ordinance shall be in effect from and after
its passage and publication.
ADOPTED by the City Council this 28th day of January ,
1980.
Mayor
ATTEST:
Clerk
is
rl
tt3J'Pt�1AL.N(YF`�C`E#
ORDINA "CE Nb. 11S '
AN ORDINANC REQUIRING A
PERMIT TO EX VATE IN CITY
STREETS, PROVIDING P T.HE
POSTING OF BOND, AND: .
PRESCRIBING PENALTIES FOR
VIOLATION
The City Coitnci# of th Cite of
Shorewood. Mi rdar s
1
Section . Permit Requi
.Public Works, the City Public WQrk°ds
"
'Works,
No inct #victual tion or
Public the City Public Works"
7epartmgnt all restoration' of
other entity "shad reatter lay
out, or excavate,in or upon any public
=halide
tftestreet anctt)*ed, #3thereofshallbe
be
"thF'cash
street within the "City of 5howood
deducted from bond depI }
without first having obtained a permit
tad Upon completion andreatoration
of the site the casltr6cnd or the balance
therefor from the City. Forpurposes of
thereof reinnireirt� shall be refunded to
this ordinance th term "public street
the applicant In fire event restoration
Shall mean the improve4 traveled, or
surfaced porti6r .of any public right of
Shall exceed the arttountt.of the
way or;roadw
'
deposit the appliedahallbe llablefor
'
'the additional costs.
Seciturat�. Pnoc '
Any individual, linst cgrpQrat3on at
othertritelydesr too�tay or
th C °rnsautitanzectageettsar►d
"" d fro c rswhich Cttrttish
kc ivate� n, or u n` an Frk€ street
pd y' pu
•;'tkitty
tat ow
within the City shall file an application
servtte aka #1 be exempt' from t per
for a, permit therefor with the Clerk/
Administrator and Pay' such apphett• tltttrt uIremen bttltss . > .
,<
howoo
tion fee as the City Council may from
the event, that a public utility
time to time prescribe. ,.The. permitrttseihallfatltaptaperlyrestocea
appiisation �slaall be' A -Mrrod to the '
pttblk sscreet excavated by ;it; ttte City
Director of Prabi #r yt+orlts who 'shalt
Courrc#i may revr►ke the right of such
approve or disapprove #sstiart�e'ot:the '
.. uatity �raFrirtrise to .open. toy out or
Permit, or, in;rirrumstaiitdes,leedeems
x vale in or upont ptti tie'streets
wi #itaut "complying
proper, refer the application to the
Council forfina#action. Thedecistonof
wnti, the 'petitiEregiiiremet►tsseEforth 4
the Director shall be subject to$eview
"
he to
by the Council on its own volitw fir at
1 PenalMlerM - ! `
the request of the appli€ant .'at ttte
Council's, next regular irneetino =The
- 0
Ate' b? v +dui �t �atian or
Council's derision thereon shall be
person viotating tle.provisioras of this
ordinance shall b6 guitar of a misde-
i3na
meant and shall be- puriishable 6y
Upon approVa #,ofanapphcatiQn the
fine, not to exceed.SSiit#M:andJar by
sonment got to orc €mod 9t# day.
applicant shalt deposit with the -Oity a
cash bond irt the amount ot$100 ,00 as
ADC?Fxt LD by ttie Cify?Council this
security_ for the! proper restoration of
17th u
the street. to the, condition in which it
existed prior to 'the excavation The
Steve Frazier
applicant may, then pro €eed
toy out or excavate the street.
..Ivlsyor
ATTEST:,,
stare proper'",restoration in eases
Elsa, 1:1 Wiltsgy
deemed by the Die etor of
€',lerkTAdrninistr'st rr
.Pub #isheilin'��re�ica;�a<per
on thin9th day of 3anua, -t' '