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2007 Ord No. 433 - 445 2007 ORDINANCES Approved Published 433Amending the Shorewood Zoning Code as it Pertains to the Regulation 1/22/07 yes of Accessory Structures 434Amending Chapter 610 of the Shorewood City Code Relating to 3/12/07 yes Seasonal Weight Restrictions (Res 07-018) 435 Amending Chapter 201 of the Shorewood City Code 3/12/07 yes Relating to the Planning Commission 436 Enacting and Adopting the 2007 S-2 Supplement to the 5/29/07 yes Code of Ordinances for the City of Shorewood (res 07-35) 437 License, Permit, Service Charges and Miscellaneous Fees 7/9/07 yes 438 License, Permit, Service Charges and Miscellaneous Fees 8/13/07 yes 439 License, Permit, Service Charges and Miscellaneous Fees 9/10/07 yes 440 Amending the Shorewood Zoning Code to Re-establish Lot 11/5/07 yes Requirements, Setbacks and Building Requirements in the C-1, General Commercial Zoning District ` 441 Amending Title 400, Chapters 401 through 404 of the Shorewood 11/5/07 yes (res 07-072) 442 License, Permit, Service Charges and Miscellaneous Fees 11/5/07 yes (res 07-072) 443 Amending Section 1201.24 Subd. 10.d. (L-R Licenses) of the 11/26/07 yes Shorewood Zoning Code 444 Amending Title 900, Chapter 901 of the Shorewood City Code 12/10/07 yes Relating to Streets and Public Right-of-Way (res 07-088) 445 License, Permit, Service Charge and Miscellaneous Fees 12/10/07 yes (res 07-088) CITY OF SHOREWOOD ORDINANCE NO. 433 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE AS IT PERTAINS TO THE REGULATION OF ACCESSORY STRUCTURES Section 1. City Code Section 1201.03 Subd. 2.d.(4)(c) is hereby amended to read: "( c) In evaluating the conditional use permit, the city shall take in to consideration the location of existing and proposed structures, site drainage and landscaping." Section 2. City Code Section 1201.03 Subd. 2.d.(4) is hereby amended to include: "( e) As a condition of approval of the conditional use permit, existing nonconforming accessory structures located on the property shall be removed or brought into conformance with this code. Under very special circumstances, a nonconforming accessory structure may be allowed to remain nonconforming provided that: (i) The applicant can demonstrate that the structure was constructed prior to 2 August 1956. Evidence of date of construction may include, but is not limited to, property surveys, assessor's information, aerial photographs or affidavits from persons who lived on or near the property on or before 2 August 1956. (ii) The structure must be in sound structural condition with respect to roof, walls and foundation. If the structure requires fifty percent or more replacement, the building must be removed or brought into conformity with this Code. The extent of replacement required shall be determined by the Building Official. (iii) The applicant can demonstrate that the structure has historic, architectural or cultural value. Specifically, the structure shall meet one or more criteria established by the City and patterned after the National Park Service standards for historic designation. The historic, architectural or cultural value of the structure shall be subject to review and comment by a special ad hoc committee, consisting of one member of the Plamling Commission, City Council and Park Commission. (iv) The owner of the property shall enter into a development agreement with the City, the purpose of which is to set forth what, if any, repairs may be necessary to place the structure in good condition. The agreement shall be recorded against the property to ensure that the structure is kept in good condition. Repairs to the structure shall be consistent with the original architectural style and materials of the structure. Nothing in this section shall prevent the owner from bringing the structure into conformance with this Code or removing it from the property." Section 3. That this Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22nd day of January 2007. ATTEST: -2- Christine Lizee, Mayor CITY OF SHOREWOOD ORDINANCE NO. 434 AN ORDINANCE AMENDING CHAPTER 610 OF THE SHOREWOOD CITY CODE RELATING TO SEASONAL WEIGHT RESTRICTIONS THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS: Section 1: Section 610.09 Subd. 5, is hereby amended to read as follows: Subd. 5. Exemption from Provisions: The following streets or highways within the City are specifically exempted from the provisions of subdivision 2 of this Section: Academy Avenue Apple Road Bayswater Road Boulder Bridge Drive Boulder Bridge Lane Brom's Blvd Burlwood Court Charleston Circle Chartwell Hill Chestnut Court Chestnut Terrace Christopher Road Country Club Road Covington Court Covington Road from Vine Hill Road to Ridge Road Deer Ridge Elbert Point Eureka Road - Highway 7 to Smithtown Road Eureka Road - Smithtown Road to Birch Bluff Road Excelsior Blvd. Fairway Drive Galpin Lake Road Kelsey Drive Knightsbridge Road Lake Linden Drive Lake Linden Court Lake Virginia Cove Manor Road Maple Leaf Circle Marsh Pointe Drive Marsh Pointe Circle Ordinance No. 434 Page 2 of3 Marsh Pointe Court Mary Lake Trail McKinley Circle McKinley Court McKinley Place Mill Street Minnetonka Boulevard Muirfield Circle Near Mountain Boulevard Oak Leaf Trail Old Market Road Park Lane St. Albans Bay Road Shorewood Oaks Drive Sierra Circle Silver Lake Trail Smithtown Road Smithtown Way Stratford Place Sweetwater Circle Sweetwater Court Sweetwater Curve Vine Hill Road Vine Ridge Road Waterford Circle Waterford Court Waterford Place Whitney Circle Yellowstone Trail It shall be unlawful for any vehicle or combination of vehicles during the period of March 1 to May 1 of any year to operate upon any of the above streets or highways within the City with a gross weight of any single axle exceeding twelve thousand (12,000) pounds. The Public Works Director may prohibit the operation of vehicles upon any public street or highway within the City, or impose further restrictions as to the weight of vehicles to be operated upon said streets or highways, whenever that street or highway may be seriously damaged or destroyed by vehicular use, including but not limited to deterioration, usage, rain, snow or other climatic conditions. COrd. 222, 3-12-90) COrd. 297,2-27-95) Section 2: This Ordinance shall be in full force and effect from and after its passage and publication. Ordinance No. 434 Page 3 of3 ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota, this 12th day of March, 2007. Christine Lizee, Mayor ATTEST: CITY OF SHOREWOOD ORDINANCE NO. 435 AN ORDINANCE AMENDING CHAPTER 201 OF THE SHOREWOOD CITY CODE RELATING TO THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 201.04, Subd. 1 and Subd. 2 of the Shorewood City Code shall be amended to read as follows: Subd. 1. Officers: The Chair and Vice-Chair shall be appointed annually by the members of the Planning Commission. Subd.2 Term. The term of the Chair and Vice-Chair shall be for one year. Section 2. This ordinance shall be in full force and effect following its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of March, 2007. , ~ U'\,v\~ G Zii..- CHRISTINE LIZEE, MAYOR ATTEST: CITY OF SHOREWOOD ORDINANCE NO. 436 AN ORDINANCE ENACTING AND ADOPTING THE 2007 S-2 SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE CITY OF SHOREWOOD MINNESOTA WHEREAS American Legal Publishing Corporation of Cincinnati, Ohio, has completed the second Supplement to the Code of Ordinances of the City of Shorewood, which supplement contains all ordinances up through and including Ordinance No. 433 of a general and permanent nature enacted since the prior supplement of the Code of Ordinances of the City of Shorewood; and WHEREAS, it is the intent of the City of Shorewood to accept these updated sections, as outlined in the attached Exhibit A; NOW THEREFORE the City Council of the City of Shore wood, Minnesota, ordains: Section 1. That the second supplement to the Code of Ordinances of the City of Shorewood as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, is hereby accepted. Section 2. This ordinance adopting the 2007 S-2 Supplement to the Code of Ordinances shall take effect upon publication in the City's official newspaper. ADOPTED BY THE CITY COUNCIL of the City of Shore wood, Minnesota, this 29th day of May, 2007. Christine Lizee, Mayor . awson, City Administrator/Clerk REMOVE OLD PAGES Title page 3,4 603-3, 603-4 703-1,703-2 SHOREWOOD, MINNESOTA Instruction Sheet 2007 S-2 Supplement ADOPTING ORDINANCE T ABLE OF CONTENTS TITLE 600: POLICE REGULATIONS TITLE 700: ANIMAL REGULATIONS INSERT NEW PAGES Title page 3,4 3,4 603-3, 603-4 703-1,703-2 TITLE 1000: BUILDING REGULATIONS 1000-1, 1000-2 1000-1, 1000-2 1005-1 through 1005-4 TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-1, 1201-2 1201- 7, 1201-8 1201-17, 1201-18 1201-21, 1201-22 1201-41,1204-42 1201-63, 1201-64 1201-67, 1201-68 1201-73, 1201-74 1201-85, 1201-86 1201-99 through 1201-102 1201-121 through 1201-136B 1301-5 through 1301-10 1201-1, 1201-2 1201-7 through 1201-8B 1201-17,1201-18 1201-21, 1201-22 1201-41, 1201-42 1201-63, 1201-64 1201-67, 1201-68 1201-73 through 1201-74B 1201-85, 1201-86 1201-99 through 1201-102 1201-121 through 1201-136D 1301-5 through 1301-10 2 Shorewood - Instruction Sheet REMOVE OLD PAGES PARALLEL REFERENCES 19 through 26 INDEX 5,6 13,14 21,22 csk03/07 INSERT NEW PAGES 19 through 28 5,6 13,14 21,22 REMOVE OLD PAGES SHOREWOOD, MINNESOTA Instruction Sheet 2007 S-2 Replacement Pages INSERT NEW PAGES TITLE 1200: ZONING AND SUBDIVISION REGULATIONS 1201-1, 1201-2 1201-7,1201-8 1201-27, 1201-28 1201-67,1201-68 1201-85 through 1201-88 1201-99, 1201-100 1201-136A,1201-136B 1201-139, 1201-140 1301-9, 1301-10 25 through 28 21,22 csk 5/07 TITLE 1300: MUNICIPAL FEES PARALLEL REFERENCES INDEX 1201-1, 1201-2 1201- 7, 1201-8 1201-27 through 1201-28B 1201-67, 1201-68 1201-85 through 1201-88 1201-99, 1201-100 1201-136A, 1201-136B 1201-139, 1201-140 1301-9, 1301-10 25 through 28 21,22 CITY OF SHOREWOOD ORDINANCE NO. 437 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES TYPE OF CHARGEIFEE CITY CODE REFERENCE CHARGE/FEE III. UTILITY RATES Sewer Sanitary Sewer Service 904.15.1 a Delete $35/qtr/ residential (seasonal) IV. MISCELLANEOUS FEES AND CHARGES Special Assessment Search Plans and Specifications, paper copy Plans and Specifications, CD copy Tri-Annual Rental Housing Appeal Filing Fee 20.00 35.00 70.00 1004.06.6 100.00 TYPE OF CHARGEIFEE CITY CODE REFERENCE CHARGE/FEE VI. BUILDING, ZONING, LAND USE Subdivision Sketch Plan Review 1202.03.1 200.00 City of Shore wood - Page 1 Rev 7/9/07 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 9th day of July, 2007. Christine Lizee, Mayor City of Shorewood - Page 2 Rev. 7/25/05 CITY OF SHOREWOOD ORDINANCE NO. 43S AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES TYPE OF CITY CODE CHARGE/FEE REFERENCE CHARGE/FEE VI. BUILDING, ZONING, LAND USE Subdivision Sketch Plan Review 1202.03.1 add $200.00 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 13th day of August, 2007. ATTEST: -,/`~ ` ~ E~ Christine Lizee, Mayor Craig W. l~awsdn, City Administrator/Clerk CITY OF SHOREWOOD ORDINANCE NO. 439 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02 of the Shorewood Code of Ordinances is hereby amended as follows: Schedule A CITY OF SHOREWOOD LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES TYPE OF CITY CODE CHARGE/FEE REFERENCE CHARGE/FEE III. UTILITY RATES Water Water meter 5/8" x 3/4" meter (with touch 903.03.1b(2) $250 pad) 3/4" copperhorn for 5/8" meter $55 Touch pad only $15 1" meter $360 1" copperhorn and connections $100 1"pressure-reducing valve $55 1 1/2" meter (with flanges) 903.03.1b(2) Cost plus 10% 2" meter (with flanges) 903.03.1 b(2) Cost plus 10% 1 1/2" pressure-reducing valve Cost plus 10% 2" pressure-reducing valve Cost plus 10% Late meter reading fee 903.08.6 $5 Meter test 903.08.4 $80 Section 2. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 10th day of September, 2007. ATTEST: ~, ..--° 9 / o-' ~ Q 1 .% ~ _. Crai 'tW. Dawson, City Administrator/Clerk ~~ ~ ~ Christine Lizee, Mayor CITY OF SHOREWOOD ORDINANCE NO. 440 AN ORDINANCE AMENDING THE SHOREWOOD ZONING CODE TO RE- ESTABLISH LOT REQUIREMENTS, SETBACKS AND BUILDING REQUIREMENTS IN THE C-1, GENERAL COMMERCIAL ZONING DISTRICT Section 1. Section 1201.22 of the Shorewood City Code is hereby amended to include: "Subd. 5. Lot requirements and setbacks. The following minimum requirements shall be observed in a C-1 District subject to additional requirements, exceptions and modifications set forth in this chapter: a. Lot area: None; b. Lot width: None; c. Lot depth: None; d. Setbacks: (1) Front yard: Not less than 30 feet; (2) Rear yard: Not less than 30 feet; (3) Side yard: Not less than 15 feet on each side nor less than 30 feet on a side yard abutting a street; (4) Setback from R District boundary: Not less than 50 feet (Additional setback not required when adjacent to a nonresidential use in an R-C District). Subd. 6. Building requirements. Height: no structure shall exceed three stories, or 40 feet, whichever is least." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 5th day of November 2007. CHRISTINE LIZEE, MAYOR ATTEST: ~ ~` ~--~ --Y'- -- - CRAIG l);1~'VSOfii,~(:1TY ADMINISTRATORICLERK 0 CITY OF SHOREWOOD ORDINANCE NO. 441 AN ORDINANCE AMENDING TITLE 400, CHAPTERS 401 THROUGH 404 OF THE SHOREWOOD CITY CODE RELATING TO LIQUOR THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Title 400, Chapters 401, 402, 403 and 404 of the Shorewood City Code are hereby repealed and replaced with the following: TITLE 400 LIQUOR REGULATIONS Subject Liquor Regulations Consumption, Purchase and Possession of Alcohol by Persons Under the Age of 21 Years CHAPTER 401 LIQUOR REGULATIONS Section 401.01 Municipal Liquor Store abolished 401.02 State statutes adopted 401.03 Definitions 401.04 License Required 401.05 Classification of Licenses 401.06 License and Investigation Fees 401.07 Off-Sale Licenses, Number of 401.08 Persons Ineligible for Licenses 401.09 Application for a License 401.10 Licensing Procedures 401.11 Renewal Applications 401.12 Transfer of License 401.13 Restrictions on License 401.14 Term of License 401.15 Bond and Insurance Requirements 401.16 Conditions of License 401.17 Hours of Operation Chapter 401 402 -1- 401.18 Prohibited Acts and Conditions 401.19 Suspension or Revocation of License 401.20 Enforcement 401.21 Violation 401.22 License violation administrative penalties 401.01 MUNICIPAL LIQUOR STORE ABOLISHED. The City has determined to abolish the operation of municipal liquor stores for the off- sale of intoxicating liquor, effective on the date of the issuance of one or more private off-sale intoxicating beverage licenses. Liquor maybe sold elsewhere in the City as provided by this Chapter. 401.02 STATE STATUTES ADOPTED. The provisions of M.S. Ch. § 340A, as they inay be amended from time to time, with reference to the definition of terms, conditions of operation, restrictions on consumption, provisions relating to sales, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor and 3.2 percent malt liquor are hereby adopted by reference and are made a part of this Chapter as if set out in full. It is the intention of the City Council that all future amendments to M.S. Ch. § 340A are hereby adopted by reference or referenced as if they had been in existence at the time this Chapter is adopted. 401.03 DEFINITIONS. In addition to or as a supplement to the definitions contained in M.S.A. § 340A.101, as it maybe amended from time to time, the following terms are defined for the purpose of this chapter. ALCOHOLIC BEVERAGE, means any beverage containing more than one-half of one percent alcohol by volume and includes the term "liquor" as used in this chapter. CLUB, means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) Has more than 30 members; (2) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and (3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. DISTILLED SPIRITS, is ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. -2- EXCLUSIVE LIQUOR STORE, is an establishment used exclusively for the sale of those items authorized by State law (M.S. 340A.412, Subd. 14). INTOXICATING LIQUOR, means ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2 percent of alcohol by weight. MALT LIQUOR, means any beer, ale, or other beverage made from malt by fermentation and containing not less that one-half of one percent alcohol by volume. MINOR, is any person under 21 years of age. OFF-SALE, means the sale of alcoholic beverages in original packages for consumption off the licensed premises only. ON-SALE, means the sale of alcoholic beverages for consumption on the licensed premises only. PACKAGE, is a sealed or corked container of alcoholic beverages. RESTAURANT, means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority. 3.2 PERCENT MALT LIQUOR, means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. WINE, the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one- half ofone percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as defined by State statute. 401.04 LICENSE REQUIRED. Except as provided in this chapter, no person. may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the required license or permit. 401.05 CLASSIFICATION OF LICENSES. Licenses shall be of the following kinds: Subd. 1. On-sale 3.2 percent malt liquor. These licenses may only be issued to restaurants, hotels, clubs, golf courses, and establishments used exclusively for the sale of 3.2 percent malt liquor for consumption on the premises only. Subd. 2. On-sale intoxicating liquor licenses. These licenses maybe issued only to hotels, clubs and restaurants and shall permit "on-sale" of liquor only. -3- Subd. 3. On-sale intoxicating malt liquor/wine licenses. These licenses shall be issued only to restaurants with a seating capacity for not fewer than 25 guests and whose gross receipts are at least 60% attributable to the sale of food, meeting the qualifications of M.S. § 340A.404, Subd. 5 and shall permit the sale of wine not exceeding 14% alcohol by volume, and the sale of intoxicating malt liquor, for consumption on the licensed premises only, in conjunction with the sale of food. Intoxicating malt liquor is any malt beverage with an alcohol content of more than 3.2% of alcohol by weight. Subd. 4. On-sale wine licenses. These licenses shall be issued only to restaurants with a seating capacity for not fewer than 25 guests meeting the qualifications of M.S. § 340A.404, Subd. 5, and shall permit only the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. Subd. 5. Special club license. These licenses shall be issued only to incorporated clubs which have been in existence for 20 years or more or to congressionally chartered veterans' organizations which have been in existence for ten years or more. Subd. 6. Special license for Sunday sales. Licenses authorizing sales on Sunday between the hours of 10:00 a.rn. Sunday and 1:00 a.m. Monday in conjunction with the serving of food maybe issued to any hotel, restaurant or club which has facilities for serving at least 30 guests at one time and which has an "on-sale" intoxicating liquor license. Subd. 7. Temporary on-sale 3.2 percent Malt Liquor. These licenses maybe issued only to clubs, charitable, religious or nonprofit organizations. Subd. 8. Off-sale 3.2 percent malt liquor. These licenses shall permit the sale of 3.2 percent malt liquor at retail in the original package for consumption off the premises only. Subd. 9. Off-sale intoxicating liquor licenses. These licenses maybe issued only to exclusive liquor stores. 401.06 LICENSE AND INVESTIGATION FEES. Subd. 1. Fees established. The investigation fees and aimual fees for liquor shall be as provided in § 1301.02 of this code. Subd. 2. Payment of fees, disposition. Each. application for a license shall be accompanied by a receipt for payment in full of the required fees. All fees shall be paid into the General Fund. Subd. 3. Refunds. a. If an application for a license is rejected, the City shall refund the amount paid for the license fee. The investigation fee is not refundable. -4- b. No refund of all or any part of a license fee shall be made except as authorized by statute. 401.07 OFF-SALE LICENSES, NUMBER OF. Subd. 1. The City Council is authorized to issue the following "off-sale" licenses: a. Off-sale intoxicating liquor licenses, which maybe issued only to exclusive liquor stores. The number ofoff--sale intoxicating liquor licenses shall be limited to two (2) until January 1, 2013. 401.08 PERSONS INELIGIBLE FOR LICENSES. Subd. 1. No license shall be granted to any person made ineligible for a license by State law. No license maybe issued to: a. a person under 21 years of age; b. a person who has had an intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; c. a person not of good moral character and repute; d. a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler. In addition, no new retail license maybe issued to, and the City Council may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a felony or a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The City or appropriate State Agency may require that fingerprints be taken and forwarded to the Federal Bureau of Investigation for purposes of a criminal history check. 401.09 APPLICATION FOR A LICENSE. Subd. 1. In addition to the information required by the state Liquor Control Commission and state Bureau of Criminal Apprehension, the initial application shall also contain the further information required in this section, as well as other information that the Council may from time to time require. Every application for a license to sell alcoholic beverages shall be made on a form supplied by the City and shall state the following: a. Applicant's name and address; -5- b. Applicant's age; c. Representations as to applicant's character with such references as the Council may require; d. Applicant's citizenship; The type of license the applicant is seeking; f. The business in connection with which the proposed license will operate and its location; g. Whether applicant is an individual, partnership, corporation or other form of organization; h. If the applicant is an individual, the requested personal information about the applicant and his/her background; i. If the applicant is a partnership, the names and addresses of all partners and the requested personal information about each partner and his/her background. The financial interest of each partner shall be disclosed, and a managing partner shall be designated. A true copy of the partnership agreement shall be submitted with the original application form; j. If the applicant is a corporation or other organization, the names and addresses of all officers and the proposed manager, and the requested personal information about each and his/her background. The names, addresses and financial interest shall be disclosed for all corporate shareowners who, together with direct relatives, have a controlling interest of the assets of said corporation, and the requested personal information shall be furnished about each such person and his/her background. True copies of the articles of incorporation and corporate bylaws shall be submitted with the original application form; k. The amount of assets which the applicant has in the business premises, fixtures, stock and operating capital shall be disclosed, together with proof of the source of such assets; 1. The names and addresses of all persons, other than those listed above, who have any financial interest in the business, premises, fixtures, stock or operating capital, together with the amount and nature of such interest and the terms for payment or other reimbursement thereof. This shall include but not be limited to all lessors, mortgagors, lenders, lien holders, trustors and persons who have co- signed notes or otherwise loaned, pledged or extended security to the applicant for any indebtedness; m. The address and legal description of the premise to be licensed and plans of the site and all buildings thereon, showing all appropriate dimensions; -6- n. If the applicant is an individual, the application form shall be executed by that person. If the applicant is a partnership, the application form shall be executed by the managing partner, and if the applicant is a corporation or other organization the application form shall be executed by a corporate or organization officer; o. How long applicant has been in that business; p. How long applicant has been in that business at that place; and q. Such other information as the Council may require from time to time. Subd. 2. Every application for any license to sell alcoholic beverages shall also include a copy of each summons received by the applicant under M.S.A. § 340A.802 during the preceding year. Subd. 3. Ill addition to containing the information prescribed in this section, the application for any license to sell alcoholic beverages shall also include the form prescribed by the state Alcohol and Gambling Enforcement Division and shall be verified and filed with the City Administrator/Clerk. Subd. 4. It shall be unlawful to make any false statement in any application. 401.10 LICENSING PROCEDURES. Subd. 1. Investigation a. Initial applications. At the time of each original application for a license, the applicant shall also pay in full an investigation fee. The City shall investigate all facts set out in the application. All initial applications for a license shall be referred to the South Lake Minnetonka Police Department for verification and investigation of the facts set forth in the application. The Police Department shall make a written recommendation and report to the City Council. Such report shall include, but shall not be limited to, a list of all violations of federal, state, or city law committed by the applicant, officers, and directors, if the applicant is a corporation, and managers as disclosed in the application. Upon an initial application the Police Department shall also conduct a preliminary background and financial investigation of the applicant. b. Renewal applications. All renewal applications shall be referred to the South Lake Minnetonka Police Deparhnent for verification and investigation of the matters set forth in the renewal application and determined by the City Administrator/Clerk to require further investigation. b. Investigation results. Without limiting the discretion of the City Council to deny a license application for other reasons, no license shall be issued if the results of the investigation show, to the satisfaction of the City Council, that issuance would not be in the public interest. -7- Subd. 2. The issuance of any license hereunder is and shall remain at the sole and absolute discretion of the City Council. Subd. 3. All licenses shall be and are issued subject to conformance with all provisions of this chapter and all other applicable regulations, ordinances, laws and statutes. Subd. 4. Each license issued hereunder shall be issued to the applicant only. Each such license shall be issued only for the premises described in the application and shall not be effective beyond the compact and contiguous space described therein. 401.11 RENEWAL APPLICATIONS. Subd. 1. At least 60 days before a license issued under this chapter is to be renewed, an application for renewal shall be filed with the City. The decision whether or not to renew a license rests within the sole discretion of the Council. No licensee has a right to have the license renewed. 401.12 TRANSFER OF LICENSE. Subd. 1. No license issued under this chapter maybe transferred without the approval of the City Council. Any transfer of stock of a corporate licensee is deemed to be a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license. An application to transfer a license shall be treated the same as an application for a new license, and all of the provisions of this code applying to applications for a license shall apply. 401.13 RESTRICTIONS ON LICENSE. The following provisions shall govern the initial issuance of a license and the continued validity of a license issued pursuant to this chapter: Subd. 1. Each license shall be issued only to the applicant and for the premises described in the application. Subd. 2. Not more than one license shall be directly or indirectly issued within the City to any one person. Subd. 3. No license shall be granted or renewed for operation on any premises on which taxes, assessments, utility charges, service charges or other financial claims of the City are delinquent and unpaid. Subd. 4. No license shall be issued for any place or any business ineligible for a license under state law. Subd. 5. No license shall be granted within 200 feet of any school or any church. -8- 401.14 TERM OF LICENSE. All licenses shall expire on the last day of May in each year. Each license shall be issued for a period of one year; except, that if a portion of the license year has elapsed when the application is made, a license maybe issued for the remainder of the year for a pro rata fee. In computing the fee, any unexpired fraction of a month shall be counted as one month. 401.15 BOND AND INSURANCE REQUIREMENTS. Subd. 1. Bond, insurance or cash required. Any person or corporation licensed to sell alcoholic beverages at on-sale or off-sale shall demonstrate proof of financial responsibility with regard to liability imposed by M.S. § 340A.801 to the Commissioner of Public Safety as a condition of the continuance, issuance or renewal of his or her license. Proof of financial responsibility maybe given by filing: A certificate that there is in effect an insurance policy or pool providing for the following minimum coverages: (1) $50,000 because of bodily injury to any one person in any one occurrence and subject to the limit of one person; in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence; in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence; (2) $50,000 for loss of means of support of any one person in any one occurrence and subject to the limit of one person; $100,000 for loss of means of support of two or more persons in any one occurrence; or b. A bond of a surety company with minimum coverages as provided in subdivision l.a. above; or c. A certificate of the commissioner of finance that the licensee has deposited with him or her $100,000 in cash or securities which may legally be purchased by savings banks or for the trust funds having a market value of $100,000. Subd. 2. Approval of security. The security offered under subdivision 1 above shall be approved by the City Council, and in the case of applicants for "on-sale wine" or "intoxicating malt liquor/wine" licenses by the State Liquor Control Director. Surety bonds and liability insurance policies shall be approved as to form by the City. Subd. 3. Failure to obtain insurance. A licensed business operating without having the liability insurance required on file at all times with the City Administrator/Clerk, shall immediately and without prior notice to the licensee and without action of the City Council have any license granted by the City prior thereto revoked, and the license may not be reissued until proof of compliance with the financial responsibility requirements is presented to the City Administrator/Clerk and upon review and approval of the same by the City Council. -9- 401.16 CONDITIONS OF LICENSE. Every license is subject to the conditions in the following subdivisions and all other provisions of this chapter and of any other applicable ordinance, state law or regulation. Subd. 1. Conduct of business. Every licensee is responsible for conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor therein is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this chapter and the law equally with the employee. Subd. 2. License to be posted. All licensed premises shall have the license posted in a conspicuous place at all times. Subd. 3. Sales to certain persons restricted. No alcoholic beverage shall be sold or served to any intoxicated person or to any person under 21 years of age. Subd. 4. Minors on the premises. a. No person under the age of 18 years shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on-sale, except that persons under the age of 18 maybe employed as musicians or to perform the duties of a bus person or dishwashing services in places defined as a restaurant, hotel, motel or other multipurpose building serving food in rooms in which intoxicating liquors or 3.2 percent malt liquor are sold at retail on-sale. b. No person under the age of 21 years may enter a licensed establishment except to work, consume meals on premises that qualify as a restaurant, or attend social functions that are held in a portion of the premises where liquor is not sold. Subd. 5. Gambling or gambling devices. No gambling or any gambling device shall be permitted on any 3.2 percent licensed premises. Subd. 6. Display during prohibited hours. No "on-sale" establishment shall display liquor to the public during hours when the sale of liquor is prohibited. Subd. 7. Inspections. Every licensee shall allow any peace officer, health officer or properly designated officer or employee of the city to enter, inspect and search the premises of the licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors found on the licensed premises. 401.17 HOURS OF OPERATION. Subd. 1. 3.2 percent Malt Liquor. No sale of 3.2% malt liquor shall be made on any Sunday between the hours of 1:00 a.m. and 12:00 noon. No sale shall be made between the hours of 1:00 a.m. and 8:00 a.m. of any other day. -10- Subd. 2. Intoxicating Ziquor; on-sale. No sale of intoxicating liquor for conslunption on the licensed premises inay be made: a. Between 1:00 a.m. and 8:00 a.m. on the days of Tuesday through Saturday; b. Between 12:00 midnight and 8:00 a.m. on Mondays; c. After 1:00 a.m. on Sundays, except as provided by a special license for Sunday sales as provided by § 401.05 Subd. 7; d. Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except as provided by a Special Ciub License as provided by § 401.05, subd. 6. Subd. 3. Intoxicating liquor; off-sale. No sale of intoxicating liquor maybe made by an off- sale licensee: a. on Sundays; b. before 8:00 a.m. or after 8:00 p.m. on Monday through Thursday; c. before 8:00 a.m. or after 10:00 p.m. on Friday and Saturday; d. on Thanksgiving Day; e. after 8:00 p.m. on Christmas Eve, December 24; f. on Christmas Day, December 25. 401.18 PROHIBITED ACTS AND CONDITIONS. Subd. L Liquor in unlicensed places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor "on- sale" or a permit from the Liquor Control Director under M.S. §§ 340A.414 and 340A.504. Subd. 2. Consumption in public places. No person shall consume liquor on a public highway, public park or other public place. This provision does not apply to consumption at the Community Center with the prior approval of the City Council. 401.19 SUSPENSION OR REVOCATION OF LICENSE. Subd. 1. The violation of any provision or condition of this chapter by a liquor licensee or his or her agent shall be grounds for revocation or suspension of the license. Subd. 2. The Council may either suspend, for not to exceed 60 days, or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing. -11- Subd. 3. A license granted under this chapter maybe revoked or suspended by the Council after written notice to the licensee and a public hearing. The notice shall give at least eight days notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The Council may suspend any license pending a hearing on revocation or suspension. 401.20 ENFORCEMENT. It shall be the duty of all law enforcement officers of the city to enforce the provisions of this chapter, to search premises and seize evidence of law violation and preserve the same as evidence against any person alleged to be violating this chapter, and to prepare the necessary processes and papers therefore. 401.21. VIOLATION. Any person violating any provision of this chapter is guilty of a misdemeanor, unless a different penalty is specified by state statute. 401.22 LICENSE VIOLATION ADMINISTRATIVE PENALTIES. Any licensee found to have violated this chapter, or whose employee shall have violated this chapter, shall be charged an administrative fine as provided in § 1301.02 of this code. CHAPTER 402 CONSUMPTION, PURCHASE AND POSSESSION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS Section 402.01 Consumption of alcohol by persons under the age of 21 years 402.02 Furnishing alcoholic beverages to persons under 21 years of age 404.03 Misdemeanors 402.01 CONSUMPTION OF ALCOHOL BY PERSONS UNDER THE AGE OF 21 YEARS. It is unlawful for any person under the age of 21 years to consume any alcoholic beverages or to be present within the city having consumed alcohol. The presence of alcohol as indicated by physical symptoms shall constitute prima facie evidence of unlawful consumption of an alcoholic beverage by persons under the age of 21 years. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of this clause that the defendant consumed the alcoholic beverage in the household of the defendant's parent or guardian and with the consent of the parent or guardian. -12- 402.02 FURNISHING ALCOHOLIC BEVERAGES TO PERSONS UNDER 21 YEARS OF AGE. It is unlawful for any person: Subd. 1. To sell, barter, furnish or give alcoholic beverages to a person under 21 years of age. It shall constitute prima facie evidence of a violation of this subdivision for any adult resident to knowingly allow unlawful consumption or possession of an alcoholic beverage by persons under 21 years of age within the dwelling unit of an adult resident or within any yard area related to the dwelling unit and within the control of an adult resident. It shall constitute prima facie evidence of a violation of this subdivision if consumption or possession of an alcoholic beverage by persons under 21 years of age is in plain view of an adult resident or openly displayed. If proven by a preponderance of the evidence, it shall be an affirmative defense to a violation of this subdivision that the defendant is the parent or guardian of the person under 21 years of age and that the defendant gave or furnished the alcoholic beverage to that person solely for consumption in the defendant's household; or Subd. 2. Under the age of 21 years to purchase or attempt to purchase any alcoholic beverage; or Subd. 3. To induce a person under the age of 21 years to purchase or procure any alcoholic beverage, or to lend or knowingly permit the use of the person's driver's license, permit, Mimlesota identification card or other form of identification by a person under the age of 21 years for the purpose of purchasing or attempting to purchase an alcoholic beverage. 402.03 MISDEMEANORS. A violation of any provision of this chapter is a misdemeanor. Section 2. This ordinance is effective the date of its publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 5th day of November, 2007. ATTEST: Christine Lizee, Mayor • ~`~ ,~ ~ ~ /. 4 raig~ D wsbn; City Administrator/Clerk -13- CITY OF SHOREWOOD ORDINANCE NO. 442 AN ORDINANCE TITLED "LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02, Section "II. Liquor" of the Shorewood Code of Ordinances is hereby amended as follows: II. Liquor Intoxicating liquor license, on-sale 401.06.1 $7,500 Wine license - on-sale 401.06.1 $1,000 Intoxication malt liquor/wine license - on-sale 401.06.1 $2,000 Intoxicating Liquor, off sale 401.06.1 $310 Liquor special club license 401.06.1 $250 Special Sunday license 401.06.1 $200 3.2% malt Liquor license - on-sale 401.06.2 $300 3.2% malt liquor Liquor license -off-sale 401.06.2 $50 3.2% malt liquor Temporary license 401.06.2 $25 Liquor License Investigation Fee - 401.06.1 $500 New License Liquor License Investigation Fee - 401.06.1 $250 Renewal with Change in Managers / Owner /etc. Liquor licensees in violation 401.06.2 $500/first offense $1,000/second offense in 24-month period $1,500/third offense in 24-month period $2,000/fourth offense in 24-month period Section 2. This ordinance is effective the date of its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 5th day of November, 2007. ATTEST: ~~~~° ~ ~ 'a -~ ~ ,~ , Craig. t3awson, City Administrator/Clerk ~° Christine Lizee, Mayor CITY OF SHOREWOOD ORDINANCE NO. 443 AN ORDINANCE AMENDING SECTION 1201.24 SUBD. 10.d. (L-R LICENSES) OF THE SHOREWOOD ZONING CODE Section 1. Section 1201.24 Subd. 10.d. of the Shorewood City Code is hereby amended to read: "Issuance of a license shall take into consideration the historic use of the site under consideration with respect to the use of power boats. With the exception of power boats necessary for the operation of the facility and publicly-owned watercraft operated by public safety persomlel, water harboring of boats on any site in Gideon's Bay shall be limited to sailing boats only. Upon a favorable recommendation by the Planning Commission, the City Council may license a limited number of power boats, provided the essential character of the property as a sailing facility is maintained." Section 2. This Ordinance shall be in full force and effect upon publishing in the Official Newspaper of the City of Shorewood. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26t~' day of November 2007. ~ 4 rat ~,, r ~ ~°° CHRISTINE LIZEE, MAYOR ATTEST: .~ ,f' ~F;%'. CRAI tiV. DAWSON, CITY~ADMINISTRATOR/CLERK CITY OF SHOREWOOD ORDINANCE NO. 4-44 AN ORDINANCE AMENDING TITLE 900, CHAPTER 901 OF THE SHOREWOOD CITY CODE RELATING TO STREETS AND PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Title 900, Chapter 901 of the Shorewood City Code are hereby repealed and replaced with the following: TITLE 900 CHAPTER 901 STREETS AND PUBLIC RIGHT-OF-WAY Section 901.01 Encroachments 901.02 House numbering 901.03 Underground utilities 901.04 Right of Way Management 901.05 Administration 901.06 Registration 901.07 Permit Required; Bond; Exceptions 901.08 Permit Applications 901.09 Diligence in Performing Work 901.10 Standards During Construction or Installation 901.11 Repair and Restoration 901.12 Permit Limitations 901.13 Denial of Permit 901.14 Emergency Work 901.15 Revocation of Permits 901.16 Appeal 901.17 Mapping 901.18 Location of Facilities and Equipment 901.19 Relocation 901.20 Pre-excavation Facilities Location 901.21 Inspection 901.22 Authority of Director 1 901.23 Right-of--Way Vacation 901.24 Abandoned and Unusable Equipment 901.25 Indemnification and Liability 901.26 Franchise Holders 901.27 Supplementary Applications 901.28 Other Obligations 901.29 Severability 901.30 Violation 901.01 ENCROACHMENTS. Subd. 1. Purpose. The public welfare requires that the public rights-of--way within the City, including highways, roads, streets and alleys, be reserved for public purposes. Public use of the full width of the rights-of--way is necessary to public safety and the proper and efficient maintenance of the rights-of--way. However, it is recognized that limited private use or encroachment onto the rights-of--way is not necessarily inconsistent with public use. It is the purpose of this section to provide for lawful incidental private use of publicly-owned rights-of--way not inconsistent with public use. Subd. 2. Permit to encroach. a. Permit required. The right to use publicly-owned rights-of--way within the City for any private use or purpose other than the primary purpose of public travel, whether the use constitutes a substantial or incidental use, maybe acquired only through permit granted pursuant to this section. b. Application for permit. Any person may apply to the City Council for a permit to keep or maintain private property within apublicly-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 encroachment. c. Issuance of permit, conditions. The City Council may grant the permit if it is determined that the use applied for is incidental and not inconsistent with safe and efficient public use. However, no permit will be issued until the applicant has agreed in writing to waive any right to recover from the City for damage occurring to the property located within the right-of--way which may result from the performance of the City or its agents of its public duties as required by law. d. Special permit for underground sprinkler systems. The Building Official may approve an application for a special permit for the installation of an underground sprinkler system within the public right-of--way, providing the installation is not inconsistent with the public use of the right-of--way. In the 2 application, in addition to the information required by subsection b above, the applicant shall provide a legal description of the private property served by the sprinkler system and agree in writing to waive all rights to recover from the City for damage occurring to the sprinkler system as a result of the City's performance of its public duties within the right-of--way. The applicant shall further provide a survey or plat drawing showing the location of the sprinkling system within the right-of--way and pay the special permit fee as may be prescribed by ordinance passed by the City Council from time to time. The special permit shall become effective upon its being duly recorded at the offices of the County Recorder or Registrar of Titles and the applicant's providing to the City satisfactory proof thereof. e. Revocation of permit. The City reserves the right to revoke any permit granted under this section as may be required by the public interest. Subd. 3. Unlawful encroachments. Any privately-owned property located within or encroaching upon public-owned rights-of--way which has not been authorized in accordance with this section shall be unlawful and be subject to removal by the City at the owner's expense. Subd. 4. Exemption from provisions. The use of the public right-of--way for the placement of private mailboxes shall be exempt from the permit requirements of this section providing the following conditions are met: a. The mailbox is located on the side of the right-of--way contiguous with the mailbox owner's property or is positioned or clustered according to specific directions of the United States Postal Service; b. Mailboxes servicing a planned unit development (PUD) are positioned or clustered within the platted portion of the PUD or on the side of the right- of-way contiguous with the PUD; c. The location of the mailbox or mailboxes does not interfere with the City's maintenance of the right-of--way. (1987 Code, § 901.02) (Ord. 121, passed 5-28-1980; Ord. 204, passed 2-8-1988; Ord. 239, passed 6-24-1991) 901.02 H®USE NUMBERING. Subd. 1. Numbering system. To assist in providing immediate access to all lots, buildings and structures in the City, the same shall be numbered in accordance with the following plan: a. North-south numbers shall commence at the south border of the City and north-south streets shall begin at the number 4600 and run to 6200; 3 b. East-west numbers shall commence at the east border of the City and east- west streets shall begin at the number 19200 and run to 28400; c. Odd numbers shall be on the south and east sides of the streets; even numbers shall be on the north and west sides of the streets. There shall be 100 numbers to each block, as assigned on a grid of 330 feet for east-west numbers; and 100 numbers to each block as assigned on a grid of 660 feet for north-south numbers. d. On Enchanted and Shady Islands, numbers shall be assigned on a west to east basis only. Commencing at the west border of Enchanted Island and running to the tip of Shady Island, numbers shall begin at the number 4200 and run to 5400. There shall be 100 numbers to each block assigned on a grid of 330 feet for each block west to east. Subd. 2. House numbers assigned, chart kept. The City Administrator/Clerk shall keep a chart showing the proper street number of every lot, parcel and building in the City which shall be open to inspection by any interested person and shall assign a street number to each house and/or structure in the City. Subd. 3. Placement and size of numbers.. It shall be the duty of the owners and occupants of every house and structure in the city to display in a place visible from the street, figures at least four inches high showing the number of the house, building or other structure occupied by him or her. Shall conform to Minnesota Statutes 299F.011. Subd. 4. Violation. Any person violating the terms of this section shall be guilty of a petty misdemeanor. (1987 Code, § 901.03) (Ord. 76, passed 10-8-1973; Ord. 105, passed 9-11-1978) Penalty, see § 104.01 901.03 UNDERGROUND UTILITIES. Subd. 1. All utilities installed after the effective date of these regulations, including, but not limited to electrical, telephone and cable television lines, shall be buried unless otherwise approved by the City Council. Subd. 2. Existing overhead utilities within road rights-of--way which are not in conformance with overhead utility corridors as stipulated in this section and of a capacity less than 115 kilovolts are declared to be nonconforming and must be buried at the time they are replaced due to aging or capacity limitations or relocated due to road construction or reconstruction within the rights-of--way in which they share space, unless otherwise approved by the 4 City Council. This provision shall not apply to existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties. Subd. 3. Existing overhead utilities which are to be buried in conformance with Subd. 2 shall be done so under the terms and requirements as provided in the applicable franchise agreement for the affected utility, if so stipulated. In the absence of franchise agreement stipulations for the affected utility, the burial shall occur under the terms, expense and scheduling requirements as required by the City at the time the overhead utility is replaced or relocated. Substitute stipulations may be provided between the affected utility and the City. (Am. Ord. 378, passed 1-14-2002) 901.04 Right of Way Management. Subd. O1. Findings and Purpose. To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of--way, the City strives to keep its rights-of--way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City hereby enacts this new chapter of this code relating to right-of- way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of- way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights-of--way will bear financial responsibility for their work. Finally, this chapter provides for recovery ofout-of-pocket and projected costs from persons using the public rights-of--way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237:163, 237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the City and users of the right-of--way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 - 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules;' Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. Subd. 02 Election to Ailanage the Public Rights-of-tray. Pursuant to the authority granted to the City under state and federal statutory, administrative and common law, the City hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights-of--way within its jurisdiction. Subd. 03. Definitions. The following words, terms and phrases, as used herein, have the following meanings: 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. "Abandoned Facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of--way user. "Applicant" means any person requesting permission to excavate or obstruct aright- of-way. "City" means the City of Shorewood, Minnesota. For purposes of section 901, "City" means its elected officials, officers, employees and agents. "City Cost" The actual cost incurred by the City for public rights-of--way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right-of--way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving facilities during public right-of--way work; determining the adequacy of right-of--way restoration; restoring work inadequately performed; mapping of "as built" locations of facilities located in rights-of--way; and revoking right-of--way permits and performing all other tasks required by this Section, including other costs the City may incur in managing the provisions of this Section. "Commission" means the State Public Utilities Commission. "Congested Right-of--Way" means a crowded condition in the subsurface of the public right-of--way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of 500 feet. "Construction Performance Bond" means any of the following forms of security provided at permittee's option: 6 a. Individual proj ect bond; b. Cash deposit; c. Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3; d. Letter of Credit, in a form acceptable to the City; e. Self-insurance, in a form acceptable to the City; £ A blanket. bond for projects within the City, or other form of construction bond, for a time specified and in a form acceptable to the City. "Degradation" means a decrease in the useful life of the right-of--way caused by excavation in or disturbance of the right-of--way, resulting in the need to reconstruct such right-of--way earlier than would be required if the excavation or disturbance did not occur. "Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the City at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. "Degradation Fee" means the estimated fee established at the time of permitting by the City to recover costs associated with the decrease in the useful life of the right-of- way caused by the excavation, and which equals the degradation cost. "Department" means the City. "Department .Inspector" means any person authorized by the City to carry out inspections related to the provisions of this chapter. "Director" means the City. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of- way excavation, obstruction, patching, or restoration as established by permit. "Emergency" means a condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. "Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of--way. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of aright-of--way. 7 "Excavation permit" means the permit which, pursuant to this chapter, must be obtained before a person may excavate in aright-of--way. An Excavation permit allows the holder to excavate that part of the right-of--way described in such permit. "Excavation permit fee" means money paid to the City by an applicant to cover the costs as provided in Section 901.08. "Facility" or "Facilities" means any tangible asset in the right-of--way required to provide Utility Service. "High Density Corridor" means a designated portion of the public right-of--way within which telecommunications right-of--way users having multiple and competing facilities maybe required to build and install facilities in a common conduit system or other common structure. "Hole" means an excavation in the pavement, with the excavation having a length less than the width of the pavement. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. "Management Costs" means the actual costs the City incurs in managing its rights- of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of--way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of--way work; determining the adequacy of right- of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of--way permits. Management costs do not include payment by a telecommunications right-of--way user for the use of the right-of--way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the City fees and costs related fo appeals taken pursuant to Section 901.16 of this chapter. "Obstruct" means to place any tangible object in aright-of--way so as to hinder free and open passage over that or any part of the right-of--way. "Obstruction Permit" means the permit which, pursuant to this chapter, must be obtained before a person may obstruct aright-of--way, allowing the holder to hinder free and open passage over the specified portion of that right-of--way, for the duration specified therein. "Obstruction Permit Fee" means money paid to the City by a permittee to cover the costs as provided in Section 901.08 "Patch" or "Patching" means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the City's five-year project plan. "Pavement" means any type of improved surface that is within the public right-of- way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. "Permit" has the meaning given "right-of--way permit" in Minnesota Statutes, section 237.162. "Permittee" means any person to whom a permit to excavate or obstruct aright-of- way has been granted by the City under this chapter. "Person" means an individual or entity subject to the laws and rules of this state,. however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. "Public Right-of--Way" means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane or public sidewalk in which the City has an interest, including other dedicated rights-of--way for travel purposes and utility easements of the City. Aright-of--way does not include the airwaves above aright- of-way with regard to cellular or other nonwire telecommunications or broadcast service. (Note: this definition does not include other public grounds that may be the subject of other City requirements.) "Public Street" The improved, traveled or surfaced portion of any public right-of- way or roadway. "Registrant" means any person who (1) has or seeks to have its equipment or facilities located in any right-of--way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of--way or place its facilities or equipment in the right-of- way. "Restore" or "Restoration" means the process by which an excavated right-of--way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. "Restoration Cost" means the amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. "Right-of--Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. 9 "Right-of--Way Zlser" means (1) a telecommunications right-of--way user as defined by Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a facility in the right=of--way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of--way. "Service" or "Utility Service" includes (1) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (2) services of a telecommunications right-of--way user, including transporting of voice or data information; (3) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (4) natural gas or electric energy or telecommunications services provided by the City; (5) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services. "Service Lateral" means an underground facility that is used to transmit, distribute, or furnish a common source to an end-use-customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. "Supplementary Application" means an application made to excavate or obstruct more of the right-of--way than allowed in, or to extend, a permit that had already been issued. "Temporary Surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the City's two-year plan, in which case it is considered full restoration. "Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. "Telecommunication right-of--way user" means a person owning or controlling a facility in the right-of--way, or seeking to own or control a pacility in the right-of way that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services «~hether provided by a public utility as defined in IVIim1. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative. electric association organized under Mil1n. Stat. Chap. 308A, are not telecommunications right-of--way users for purposes of this cha-pter. 9®1.~5 AdYninistrati®n. The City Engineer is the principal City official responsible for the administration of the 10 rights-of--way, right-of--way permits, and the ordinances related thereto. The City Engineer may delegate any or all of the duties hereunder. 901.06 Registration. Subd. 1. Annual Registration Required. Each person who occupies or uses, or seeks to occupy or use, the right-of--way or place any equipment or facilities in or on the right-of- way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing application information and paying a registration fee. Such registration shall be made on an application form provided by the City Engineer and shall be accompanied by the registration fee provided in Section 1301.02 of this Code. Subd. 2. Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right- of-way without first being registered with the City. Subd. 3 Registration Information. The registrant shall provide the following at the time of registration: a. Registrant's name, address, telephone number, facsimile number, email address and Gopher One-Call registration certificate number if required by State law. b. Name, address, telephone number, email address and facsimile number of the person responsible for fulfilling the obligations of the registrant. c. A Certificate of Insurance from a company licensed to do business in the State of Minnesota providing coverage in accordance with MN Statute 466.04. Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (I) use and occupancy of the right-of--way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of equipment or facilities in the right-of--way by the registrant its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the City as an additional insured as to whom the coverage's required herein are in force and applicable and for whom defense will be provided as to all such coverage's. Such certificate shall require that the City Engineer be notified 30 days prior to cancellation of the policy. d. 24 hour emergency number. e. An acknowledgment by the registrant of the indemnification pursuant to Subd. 2 of Subsection 901.25. 11 £ If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. g. A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. h. The registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. i. Such other information the City may require. Subd. 4 Exceptions. The following are not subject to the requirements of this Subsection. a. Persons erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots. b. Persons engaged in snow removal activities. c. Persons installing street furnishing, bus stop benches and shelters. d. Federal, State, County, and City agencies. e. Persons installing pet containment systems. f. Plumbers licensed in accordance with MN Statute 4715.3140. g. Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this Subsection 901.06. Subd. 5 Term. Registrations issued pursuant to this Section shall expire on December 31 of each calendar year. 901.07 Permit Required; Bond; Exceptions. Subd. 1. Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of--way without first having obtained the appropriate right-of- way permit from the City to do so. a. Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of--way described in such permit and to hinder free and open passage over the specified portion of the right-of--way by placing facilities described therein, to the extent and for the duration specified therein. b. Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion ofright-of--way by placing equipment described therein on the right-of--way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. 12 Subd. 2. Permit Extensions. No person may excavate or obstruct the right-of--way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of--way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay Penalty. In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this Section, the City shall establish and impose a delay penalty for unreasonable delays in right-of--way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by City council resolution. Subd. 4. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. 901.08. Permit Applications Application for a permit is made to the City. An application for a permit shall be made on forms provided by the City Engineer and shall be accompanied by the fees as determined by the City Council from time to time, which are established to reimburse the City for City costs. Right-of--way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: a. Scaled drawings showing the location of all facilities and improvements existing and proposed by the applicant. b. A description. of the methods that will be used for installation. c. A proposed schedule for all work. d. The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work. e. The location of any public streets, sidewalks or alleys that will be disrupted by the work. £ A description of methods for restoring any public improvements disrupted by the work. g. Any other information reasonably required by the City Engineer. h. Traffic control plan referencing the Minnesota Manual on Uniform Traffic Control Devices. i. Registration with the City pursuant to this chapter j. Permit fees, estimated restoration costs and other management costs k. Prior obstructions or excavations 1. Any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights-of--way or any emergency actions taken by the City; m. Franchise fees or other charges, if applicable. if the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, such application shall be signed by the registrant. 13 Subd. 1 Application; Fee. The City shall establish an Excavation permit fee in an amount sufficient to recover the following costs: a. the City management costs; b. degradation costs, if applicable c. Payment of disputed amounts due the City by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. d. Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the City deems the existing construction performance bond inadequate under applicable standards. Obstruction Permit Fee. The City shall establish the obstruction permit fee and shall be in an amount sufficient to recover the City management costs. 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 thirty (30) days of billing. Non Refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 901.15 are not refundable. To Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of- way user in the franchise. Subd. 2 Security. For companies not operating under a franchise with the City, a surety bond, letter of credit or cash deposit in the amount determined by the City Engineer but not less than $2,000, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the State. Security required pursuant to this Subd. 2 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. The bond, 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 14 permit. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. Subd. 3 Permit Issuance; Conditions. The City Engineer shall grant a permit upon finding the work will comply with applicable sections of this Code. The permit shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any City official or police officer. The City Engineer may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the public health, safety and welfare, to ensure the structural integrity of the right-of--way, to protect the property and safety of other users of the right-of--way, and to minimize the disruption and inconvenience to the traveling public. No permit shall be issued to anyone who has failed to register in accordance with Subsection 901.06. Subd. 4. Exceptions. No permit shall be required for the following: a. Snow removal activities b. Activities of the City c. Installation and maintenance of sewer or water services provided that no excavation or other work is done within a street, sidewalk or alley and all work is confined to unimproved portions ofrights-of--way or easements. 901.09 Diligence in Performing Work. Work shall progress in an expeditious manner as reasonably permitted by weather conditions until completion in order to avoid unnecessary inconvenience to traffic. In the event that the work is not performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due cause, the City may, after 72 hour notice to the permit holder, correct the work and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the City. If permit holder fails to pay, the City will exercise a claim on the surety bond. 901.10 Standards During Construction or Installation. The permit holder shall comply with the following standards when engaging in the work: a. Conduct the operations and perform the work in a manner as to ensure the least obstruction and interference to traffic. 15 b. Take adequate precautions to ensure the safety of the general public and those who require access to abutting property. c. If required by the City Engineer, notify adjoining property owners prior to the commencement of work which may disrupt the use of and access to such adjoining properties. d. In all cases where construction work interferes with the normal use of the construction area, provide for closing the construction area to traffic or to afford it restricted use of the area and comply with the Minnesota Manual On Uniform Traffic Control Devices traffic safety signing requirements. e. Exercise precaution at all times for the protection of persons, including employees and property. f. Protect and identify excavations and work operations with barricade flags, and if required, by flagmen in the daytime, and by warning lights at night. g. Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. h. Protect the root growth of trees and shrubbery. i. Installation of pipe (utility conductors) under Portland Cement Concrete, asphalt concrete, or other high-type bituminous pavements shall be done by jacking, auguring or tunneling as directed by the City Engineer unless otherwise authorized. HDPE sleeving shall be an acceptable casing or sleeving material for telecommunications installations. j. When removing pavement of Portland Cement Concrete, asphalt concrete or high-type built-up bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of nine inches beyond the trench width and length, in order to provide a shoulder and solid foundation for the surface restoration. k. To obtain a straight edge and neat-appearing opening in pavement surfaces, the following procedure is required: 1. Portland Cement Concrete Pavement -The surface shall be saw-cut scored two inches deep and the concrete broken out by sledge or pneumatic hammer chisel. 2. Asphalt Concrete -The surface shall be cut full depth by pneumatic hammer chisel. 1. Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability, and as directed by the City. m. Excavations, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. n. All backfilling must be placed in six inch layers at optimum moisture and compacted with the objective of attaining 100 percent of AASHTO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. 16 o. Backfill material shall be Class 5, or better in the judgement of the City Engineer. The City Engineer may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the City Engineer. p. Compacted backfill shall be brought to street grade and crowned at the center not more than one inch. q. Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise. by the permit. r. No lugs damaging. to roadway surfaces may be used. s. Dirt or debris must be periodically removed during construction. t. Other reasonable standards and requirements of the City Engineer. 901.11 Repair and Restoration. Subd. 1. Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of--way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee. Subd. 2. Patch and Restoration. Permittee shall patch its-own work. The City may choose either to have the permittee restore the right-of--way or to restore the right-of- way itself. a. City Restoration. If the City restores the right-of--way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following. such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work. The permit holder may request that the City restore the right-of--way. The permit holder shall pay to the City, in advance, a cash deposit equaling 150% of the estimated restoration cost. The restoration cost shall be estimated by the City Engineer and shall include an estimate of the degradation cost. The estimate of the degradation cost shall be based upon criteria adopted by the Minnesota Public Utilities Commission. Following completion of the restoration, any funds in excess of the actual restoration cost and the degradation cost shall be returned to the permit holder. b. Permittee Restoration. If the permittee restores the right-of--way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. c. Degradation F`ee in Lieu of Restoration. In lieu ofright-of--way restoration, a right-of--way user may elect to pay a degradation fee. However, the right-of- way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. 17 Subd. 3. Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. The permit holder shall perform repairs and restoration according to the standards and with the materials specified by the City. The City shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. The City in exercising this authority shall be guided by the following standards and consideration: a. The number, size, depth and duration of the excavations, disruptions or damage to the right-of--way. b. The traffic volume carried by the right-of--way; the character of the neighborhood surrounding the right-of--way; c. The pre-excavation condition of the right-of--way; the remaining life- expectancy of the right-of--way affected by the excavation; d. Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right-of--way that would otherwise result from the excavation, disturbance or damage to the right-of--way; and e. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of--way that would otherwise take place. The excavation, backfilling, patching and restoration, and all other work performed in the right-of--way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter-7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in Section 901.18-subd. 2 of this ordinance. Subd. 4. Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the City, shall correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable. Subd. 5. Failure to Restore. If the permittee fails to restore the right-of--way in the manner and to the condition required by the City, or fails to satisfactorily and timely complete all restoration required by the City, the City at its option may do such work, 1S or the City may withhold permits for future work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of- way. If permittee fails to pay as required, the City may exercise its rights under the construction performance bond. Subd. 6 Guarantees. The permit holder shall guarantee its work and shall maintain it for twenty-four (24) months following its completion. During this twenty-four month period it shall, upon notification from the City Engineer, promptly correct all restoration work to the extent necessary, using the method required by the City Engineer. 901.12 Permit Limitations. Permits issued pursuant to this Section are valid only for the area of the right-of- way specified in the application and the permit and only for the dates so specified. No work shall be extended beyond the permitted area or dates without a new permit being procured therefore, provided the City Engineer may extend the completion date of the work in accordance with Subd. 1 of Subsection 901.11. 901.13 Denial of Permit. The City may deny a permit due to the following: a. Failure to register pursuant to Subsection 901.06. b. A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years unless the City Engineer determines that no other locations are feasible or when necessitated by an emergency. c. The applicant is subject to revocation of a prior permit issued pursuant to this Section. d. The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event. e. The right-of--way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right-of- way as provided in Subd. 3 of Subsection 901.18. f. Businesses or residences in the vicinity will be unreasonably disrupted by the work. -~ g. The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of--way. h. The applicant fails to comply with the requirements of this Section or other Sections of this Code. i. Failure of applicant to complete or pay restoration costs for previous work. 901.14 Emergency Mork. 19 Subd. 1. Emergency Situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated Therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City Engineer becomes aware of an emergency, the City Engineer shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City Engineer may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities or equipment occasioned the emergency. Subd. 2. Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates aright-of- way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the City code, deposit with the City the fees necessary to correct any damage to the right-of--way, and comply with all of the requirements of this chapter. 901.15 Revocation of Permits. Subd. 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of--way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: a. The violation of any material provision of the right-of--way permit; b. An evasion or attempt to evade any material provision of the right-of- way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; c. Any material misrepresentation of fact in the application for aright- of-way permit; d. The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or e. The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Sec. 901.21. 901.16 Appeal. Subd. 1 Filing ®f'14ppeal. 20 Any person aggrieved by, i) the denial of a permit application, ii) the denial of a registration, iii) the revocation of a permit or, iv) the application of the fee schedule imposed by Section 185 of this Code may appeal to the Council by filing a written notice of appeal with the Clerk. Said notice must be filed with 20 days of the action causing the appeal. Subd. 2 Notice of Hearing. The Council shall hear the appeal not later than 30 days after the date the appeal is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant not less than 10 days before the date of the hearing. Subd. 3 Hearing and Decision. The Council shall, at such hearing, hear and consider any evidence offered by the appellant, the City Engineer, and anyone else wishing to be heard. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting. 901.17 Mapping. Subd. 1. Information Required. Each registrant and permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the director accurate maps and drawings certifying the "as-built" location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City's mapping system. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. Subd. 2. Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals. Permittees ortheir-subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and-Minnesota Rules governing service laterals install after December 31, 2005, shall be a condition of any City approval necessary for 1) payments to contractors working on a public improvement project-including those under Minnesota Statutes, Chapter 429, and 2) City approval of performance under development agreements, or other subdivision or site plan approval under Minnesota Statutes, Chapter-462. The director shall reasonably determine the appropriate method of providing such information to the City. Failure to provide prompt and accurate information on the service laterals installed may result-in the revocation of the permit issued for the work or for future permits to the offending permittee or its subcontractors. 21 901.18 Location of Facilities and Equipment. Subd. 1 Undergrounding by Telecommunications Riglrt-of--Way Users. Any new construction and the installation of new equipment and replacement of old equipment of telecommunication right-of--way users shall be underground or contained within buildings or other structures in conformity with applicable codes. Provided, telecommunications right-of--way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. Subd. 2 Corridors. The City Engineer may assign specific corridors within the right-of--way, or any particular segment thereof as maybe necessary, for each type of equipment that is or, pursuant to current technology, the City Engineer expects will someday be located within the right-of--way. All permits issued by the City Engineer involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Subd. 3 Limitation of Space. To protect health and safety, the City Engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right-of--way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of--way. In making such decisions, the City Engineer shall strive to the extent possible to accommodate all existing and potential users of the right-of--way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of--way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of--way, and future City plans for public improvements and development projects which have been determined to be in the public interest. 901.19 ~®cati®n and Itel®cati®n ®f Facilities. Subd. 1. Placement, location, and relocation of facilities must comply with applicable rules, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. A registrant shall promptly but in no event mare than 120 days of the City's request, permanently remove and relocate at no charge to the City, any facilities or equipment if and when made necessary by a change in the.grade, alignment or 22 width of any right-of--way, by the construction, maintenance or operation of any City facilities or to protect the public health, safety and welfare. The registrant shall restore any rights-of--way to the condition it was in prior to removal and relocation. Subd. 2 Undergrounding of Relocated Telecommunications Facilities. A telecommunications right-of--way user shall relocate all above ground facilities and equipment to underground locations at its own cost and expense at the City's request when, i) the City requires the relocation of all telecommunications facilities and equipment to underground locations or ii) structures or poles to which the registrant's facilities or equipment is attached are abandoned or removed by the owner of such structures or poles. Subd. 3. Nuisance. One year after the passage of this chapter, any facilities found in a right-of--way that have not been registered shall be 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, abating the nuisance or taking possession of the facilities and restoring the right-of--way to a useable condition. Subd. 4. Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of--way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of--way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of--way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of--way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of--way, and future City plans for public improvements and development projects which have been determined to be in the public interest. 901.20 Pre-excavation Facilities Location. In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of--way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. 901.21 Inspection. Subd. i. Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minnesota Rule 7iI19.1300. 23 Subd. 2. Site Inspection. Permittee shall make the work-site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 901.22 Authority of Director a. At the time of inspection, the director may order the immediate cessation of any work which poses. a serious threat to the life, health, safety or well-being of the public. b. The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to Sec. 901.15. 901.23 Right-of--Way Vacation. Subd. 1 Reservation of Right. Reservation of right. If the City vacates aright-of--way that contains the facilities of a registrant, the registrant's rights in the vacated right-of--way are governed by Minnesota Rules 7819.3200. Subd. 2 Relocation of Equipment. If the vacation requires the relocation of registrant facilities and equipment; and (a) if the vacation proceedings are initiated by the registrant, the registrant must pay the relocation costs; or (b) if the vacation proceedings are initiated by the City, the registrant must pay the relocation costs unless otherwise agreed to by the City and the registrant; or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such other person or persons must pay the relocation costs. 901.24 Abandoned and Unusable Equipment. Subd. 1 Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: 24 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 bond 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 Equipment. Facilities and equipment of a registrant located on the surface of or above a right-of--way or on City property which, for two years, 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, i) abating the nuisance, or ii) requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. Subd. 3 Removal of Underground Equipment. Any registrant who has unusable and abandoned underground facilities or equipment in any right-of--way shall remove it from that right-of--way during the next scheduled excavation, to the extent such facilities or equipment is uncovered by such excavation unless this requirement is waived by the City. 901.25 Indemnification and I.iabiiity. By registering with the City, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the City in accordance with the provisions of Minnesota Rule 7819.1250. Subd. 1 Limitation of Liability. By reason of the acceptance of a registration or the grant of aright-of--way permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. Subd. 2 Indemnification. 25 By registering with the City Engineer, a registrant agrees, or by accepting a permit under this Section, apermit-holder is required, to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near aright-of--way ,whether or not any act or omission complained of is authorized, allowed, or prohibited by aright-of--way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a. right-of--way, whether or not the act or omission complained of is authorized, allowed or prohibited by aright-of--way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 901.26 Franchise Holders. If there is a conflict in language between the franchise of a person holding a franchise agreement with the City and this Section, the terms of the franchise shall prevail. 901.27 Supplementary Applications Subd. 1. Limitation on 14rea. Aright-of--way permit is valid only for the area of the right-of--way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on Dates. Aright-of--way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. 26 901.28 Other Obligations Subd. 1. Compliance With Other Laws. Obtaining aright-of--way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of--way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited Work. Except in an emergency, and with the approval of the City, no right-of--way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of--way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of--way may riot be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. Subd. 4. Trencl:less Excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes, Chapter 216D and Minnesota Rules Chapter 7560, and-shall require potholing or open cutting over existing underground utilities before excavating. 901.29 Severability. If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. 901.30 VIOLATION. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor, unless otherwise specified. 27 (1987 Code, § 901.04) (Ord. 121, passed 5-28-1980) Penalty, see § 104.01 ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of December, 2007. ATTEST: .~ - ~` , Craig W. f)awson, City~Administrator/Clerk i Christine Lizee, Mayor 28 CITY OF SHOREWOOD ORDINANCE NO. 445 AN ORDINANCE TITLED ~~LICENSE, PERMIT, SERVICE CHARGES AND MISCELLANEOUS FEES" THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Section 1301.02, Section "VI. Building, Zoning, Land Use" of the Shorewood Code of Ordinances is hereby amended to add the following fees: LICENSE, PERMIT, SERVICE CHARGESAND MISCELLANEOUS FEES Type of Charge/Fee City Code Charge/Fee Reference VI. Building, Zoning, Land Use R-O-W Work Annual 901.07 $200 Registration R-O-W Excavation Permit 901.09 $ 75 Administration Fee Per Additional Excavation-Paved .901.09 $ 35 Area Per Additional Excavation- 901.09 $ 20 Unpaved Area Underground Utility/Telecom 901.09 $ 45 per 100 L. Ft. (Plus Minimum Installation-Direct Boring or Permit Fee) Tunneling Underground Utility/Telecom 901.09 $ 60 per 100 L. Ft. (Plus Minimum Installation-Open Trenching Permit Fee) Obstruction Permit 901.09 $ 20 Degradation Fee 901.09 Varies Restoration Fee 901.12 Varies Section 2. Section 1301.02, Section "VI. Building, Zoning, Land Use" of the Shorewood Code of Ordinances is hereb amended to chap e the followin code reference to: R.O.W. Encroachment permit 901.01.2b $40 Irrigation system permit 901.01.2d $20 ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this 10th day of December, 2007. ATTEST: ~ f-° f/ , F ~ ~ > Craig W. )~wson, City Administrator/Clerk Christine Lizee, Mayor