Ord 569ORDINANCE 569
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
AN ORDINANCE ADOPTING AN AMENDMENT TO
CHAPTERS 900, 1201 AND 1202 OF CITY CODE TO REMOVE BONDS AS
AN ACCEPTABLE FINANCIAL GUARANTEE
Section 1: City Code Section 901.01 is hereby amended as follows:
901.01 RIGHT -OF -WAY MANAGEMENT.
Subd. 3. Definitions. The following definitions apply in this chapter of this code.
References hereafter to "sections" are, unless otherwise specified, references to sections in this
chapter. Defined terms remain defined terms, whether or not capitalized. The following words,
terms and phrases, as used herein, have the following meanings:
CONSTRUCTION PERFORMANCE GUARANTEE. Any of the following forms of security
provided at permittee's option:
(1) Cash deposit;
(2) Letter of credit in a form acceptable to the city.
Section 2: City Code Section 901.08 is hereby amended as follows:
901.08 PERMIT APPLICATIONS; FEES; SECURITY; OTHER.
Subd. 2. Permit fee.
a. The city shall impose permit fees in an amount sufficient to recover the
city's costs.
b. Payment of disputed amounts due the city as determined by the City
Engineer, by posting letter of credit or depositing in an escrow account an
amount equal to at least 110% of the amount owing.
C. Posting an additional or larger construction cash deposit or letter of credit
for additional facilities when applicant requests an excavation permit to
install additional facilities and the city deems the existing construction
performance guarantee inadequate under applicable standards.
Subd. 3. Payment of permit fees. No excavation permit or obstruction permit shall be
issued without payment of excavation or obstruction permit fees. The city may
allow applicant to pay such fees within 30 days of billing.
Subd. 4. Permit fees non - refundable. Permit fees that were paid for a permit that the city
has revoked for a breach as stated in § 901.15 of this chapter are not refundable.
Subd. 5. Franchise fees and city costs. Unless otherwise agreed to in a franchise, city costs
may be charged separately from and in addition to the franchise fees imposed on a
right -of -way user in the franchise.
Subd. 6. Security. Unless specifically stated in a franchise agreement with the city,
companies shall provide a construction performance guarantee in the amount
determined by the City Engineer, but not less than $2,000 shall be required from
each applicant.. Security required pursuant to this subdivision shall be conditioned
that the holder will perform the work in accordance with this section and
applicable regulations, will pay to the city any costs incurred by the city in
performing work pursuant to this section; and will indemnify and save the city
and its officers, agents and employees harmless against any and all claims,
judgment or other costs arising from any excavation and other work covered by
the permit or for which the city, council or any city officer may be liable by
reason of any accident or injury to persons or property through the fault of the
permit holder, either in improperly guarding the excavation or for any other injury
resulting from the negligence of the permit holder. In addition to the above -
referenced security, non - franchise utility right -of -way users shall provide an
irrevocable letter of credit or cash deposit that shall remain in force as long as the
non - franchise utility user has facilities in the city's right -of- way. The amount of
this security shall be determined from time to time by the City Council. This
security shall be in addition to the security required from any subcontractor doing
work on behalf of the non - franchise right -of -way utility. The letter of credit or
cash deposit shall be released by the city upon completion of the work and
compliance with all conditions imposed by the permit, as determined by the City
Engineer. For permits allowing excavations within public streets, such letter of
credit or cash deposit shall be held for a period of 24 months to guaranty the
adequacy of all restoration work.
Section 3: City Code Section 901.24 is hereby amended as follows:
901.24 ABANDONED AND UNUSABLE EQUIPMENT.
Subd. 1. Discontinued operations. A registrant who has determined to discontinue its
operations in the city must either:
a. Provide information satisfactory to the City Engineer that the registrant's
obligations for its equipment in the right -of -way under this section have
been lawfully assumed by another registrant; or
b. Submit to the City Engineer an action plan for the removal or
abandonment of equipment and facilities. The City Engineer shall require
removal of such facilities and equipment if the City Engineer determines
such removal is necessary to protect the public health, safety and welfare.
The City Engineer may require the registrant to post a construction
performance guarantee in an amount sufficient to reimburse the city for
reasonably anticipated costs to be incurred in removing the facilities and
equipment.
Subd. 2. Abandoned facilities and equipment. Facilities and equipment of a registrant
located on the surface of or above a right -of -way or on public grounds which
remains unused shall be deemed to be abandoned. Such abandoned equipment is
deemed to be a nuisance. The city may exercise any remedies or rights it has at
law or in equity, including, but not limited to:
a. Abating the nuisance; or
b. Requiring removal of the equipment or facilities by the registrant, or the
registrant's successor in interest. Appeals under this section shall follow
the procedures in § 901.16 of this chapter.
Subd. 3. Removal of underground equipment. Any registrant who has unusable and
abandoned underground facilities or equipment in any right -of -way shall
promptly remove it from that right -of -way.
(Ord. 552, passed - -2018)
Section 4: City Code Section 903.04 is hereby amended as follows:
903.04 WATER SERVICE CONNECTIONS.
Subd. 2. New service stubs; application for water service connection. In the event
additional connections or stubs to existing water trunk or lateral facilities are
required or desired, applications shall be made at the City Hall on forms furnished
by the city.
b. Performance Guarantee. For the purpose of assuring and guaranteeing to
the city that the installation of the service connection shall fully comply
with all of the other terms and provisions of this chapter, the applicant
agrees to furnish to the city a construction performance guarantee in the
amount determined by the City Engineer, but not less than $4,000, and
naming the city as obligee thereunder.
Section 5: City Code Section 904.08 is hereby amended as follows:
904.08 BUILDING SEWERS AND CONNECTIONS.
Subd. 1. Plumbing requirements.
a. Supervision. No plumbing shall be done except under direct supervision of
a master plumber when connecting with a public sewer.
b. Registration of master plumber.
(1) Registration required. Permits for building sewers shall be taken
out by a master plumber and before a permit is issued, the master
plumber shall first register with the City Administrator /Clerk of his
or her intent to carry on the occupation within the city and connect
building sewers to the municipal sanitary sewer system.
(2) Registration fee. The registration fee shall be as provided in §
1301.02 of this code.
(3) Performance guarantee and insurance. Conditions of the
registration shall be:
(a) Procure and post with the City Administrator /Clerk a
construction performance guarantee in the amount
determined by the City Engineer, but not less than $2,000,
conditioned upon faithful performance of contracts;
Section 6: City Code Section 1201.04 is hereby amended as follows:
1201.04 ADMINISTRATION, AMENDMENTS AND CONDITIONAL USE PERMITS.
Subd. 3. Conditional use permit.
d. Performance agreement and guarantee.
(1) Except in the case of non - income producing residential property,
upon approval of a conditional use permit, the developer shall: 1)
execute a performance agreement in the form drafted by the
Zoning Administrator and approved by the City Council and 2)
provide a letter of credit, or cash deposit prior to the issuance of
building permits or beginning the proposed improvements or
development and shall remain in place until the project is
completed. The letter of credit shall automatically renew until all
approved improvements have been completed as determined by the
Zoning Administrator /City Engineer and shall guarantee
conformance and compliance with the conditions of the conditional
use permit and the ordinances of the city. The Zoning
Administrator may periodically reduce the financial guarantee
based on the completion of improvements, as outlined in the
agreement.
Section 7: City Code Section 1201.19 is hereby amended as follows:
1201.19 R -C, RESIDENTIAL /COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in an R -C District:
(Requires a conditional use permit based upon procedures set forth in and regulated by §
1201.04.)
h. Self- storage facility, as defined in this chapter, provided that:
(12) The provisions of § 1201.04, Subd. l.d.(1) are considered and
satisfactorily met.
Section 8: City Code Section 1201.22 is hereby amended as follows:
1201.22 C -1, GENERAL COMMERCIAL DISTRICT.
Subd. 4. Conditional uses. The following are conditional uses allowed in a C -1 District:
(Requires a conditional use permit based on procedures set forth in and regulated by § 1201.04.):
Self- storage facility, as defined in this chapter, provided that:
(12) The provisions of § 1201.04, Subd. l.d.(1) are considered and
satisfactorily met.
Section 9: City Code Section 1202.07 is hereby amended as follows:
1202.07 REQUIRED IMPROVEMENTS.
Subd. 1. General provisions.
d. Maintenance guarantee. The city shall require a subdivider to submit a
warranty /maintenance guarantee in the form of a letter of credit or cash
deposit in the amount of the 25 percent of the original cost of the
improvements, or as approved by the City Engineer, which shall be in
force for two years following the final acceptance of any required
improvements and shall guarantee satisfactory performance of the
improvement.
Section 10. This Ordinance shall be in full force and effect upon publication in the
Official Newspaper of the City of Shorewood.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA
this 26th day of August, 2019.
TE T:
I
ISA DIE LTHONE,'CITY CLERK