022598 CC Ws AgP
SC4NNED
CITY OF SHOREWOOD
CITY COUNCIL WORK SESSION
WEDNESDA Y, FEBRUARY 25, 1998
5755 COUNTRY CLUB ROAD
CONFERENCE ROOM
7:00 P.M.
AGENDA
1. CONVENE WORK SESSION
A. Roll Call
B. Revie.w Agenda
2. DISCUSSION ON CONDUCTING POLICY SURVEYS
3. DISCUSSION AND REVIEW OF 1998-2002 CAPITAL
IMPROVEMENT PROGRAM IMPLEMENTATION
A. Review Water Ordinance Amendment and Policy
B . Review Street Design Policy
C. Other Implementation Policies
4. ADJOURN
No official action is taken at Work Sessions.
..
City Council Work Session
June 16, 1997
Water Policy Questions
1) 1.1. Water is available in the street, however, at the time it was put in one
resident chose not to hook np. At a later date, when he want to hook
up to municipal water, what should he pay?
Existing Policy: Existing lot - $5,000 ifnot previously assessed; new lot - $10,000 upon
creation of a new lot.
Suggested Policy: Those who hook up later should pay whatever was
originally paid plus inflation.
1 . 2 . Is there a need to put it on parity with what original costs to
neighboring properties were?
Existing Policy: Existing lot - $5,oqo if not previously assessed; new lot - $10,000 upon
creation of a new lot.
Suggested Policy: Same as 1.1.
1.3. What is the money collected used for?
Existing Policy: Water system infrastructure
Suggested Policy: Water system infrastructure.
2) 2.1. Water is on Smithtown Road. Smithtown Circle is a cul-de-sac off
of Smithtown Road with five homes on it. If they submit a 100%
petition for water, what would they pay per unit?
Existing Policy: $5,000
Suggested Policy: A feasibility study would need to be done. Project
needs to be financially feasible. The formula would be actual cost
minus oversizing minus water revenue over the break-even point.
Total costs are not to be less than $5,000.00.
2.2. What factors would be used to determine this fee?
Existing Policy: Flat unit fee set by ordinance,
Suggested Policy: See 2.1.
2.3. Would they pay any toward the cost of the infrastructure?
Existing Policy: Potentially
Suggested Policy: No, unless the actual cost of the project is less than
$5,000.00.
3) 3.1. Water is on Smithtown Road. Smithtown Circle is a cul-de-sac off
of Smithtown Road with five homes on it. A petition from four of
the five neighbors is submitted for water.
Existing Policy: Allfive would pay $5,000
Suggested Policy: Four would pay the cost of the project minus oversizing
minus water revenue over the break-even period. The fifth person
would not need to participate but would need to sign off on the
project.
3.2. Do the four pay the entire cost of extension?
Existing Policy: No, allfive pay toward the project cost
Suggested Policy: The four pay the whole cost of the project. It will be
considered a 100% petition if the fifth property signs off on the
project.
3.3. What if the fifth resident wants to hook up at a later date, what
would the charge to that property be?
Existing Policy: None, they have already paid their assessment.
Suggested Policy: The same as what the others paid for the project plus
inflation.
4 ) A petition is received for water in an area where it is not available. A trunk
main would need to be extended to provide the service. What would the
cost be for each unit that petitioned for water?
Existing Policy: All lots would pay $5,000 once the project is deemedfeasible.
Suggested Policy: The petition must be 100% (including sign-off). The
project must be financially feasible. The project includes trunk
main. Formula is cost minus oversizing minus water revenue over
the break-even period.
5) 5.1. It has always been the City's policy to require commercial and multi-
family units to hook up to water within 90 days of it becoming
available. Should this policy continue?
Existing Policy: Yes.
Suggested Policy: Not for buildings of four or fewer units. Yes for
commercial, apartments of over four rental units and anything
requiring a sprinkler system.
5.2. If so, what ","ould be the cost for water for these types of
development (example four unit multiple family)?
Existing Policy: $10,000 total existing; $20,000 totalfuture.
Suggested Policy: Cost.
6) 6.1. If a developer of a new development submits a 100% petition for
municipal water, will the water be extended to the area?
Existing Policy: Yes, iffeasible.
Suggested Policy: Yes, if financially feasible and if water is immediately
adjacent. Properties where main goes by must agree with or sign off
on project.
6.2. At what cost?
Existing Policy: $10,000 per unitfor residential.
Suggested Policy: Cost minus oversizing.
.. Ip l~ .....
1
Single Family
Existing S.F., Water Not Available
~IQ<lf"Existing S.F. , Water Available
~
\<\~1a.~1 Existing S.F., Water Soir;g III~talled
New S.F., Water Available
New S.F., Water Not Available
Multiple Family
Existing M.F., Water Not Available
Existing M.F.,Vacant, Water Being
Installed
Existing M.F., 4 units, Water Being
Installed
Existing M.F., 18 units, Water Being
Installed
Existing Ordinance
Proposed Ordinance
-0-
-0-
$5,000 Connection Fee
$5,000 Connection Fee
$5,000 Assessment
$5,000 Assessment
$5,000 Assessment +
$5,000 Trunk Charge
$5,000 Trunk Charge +
$5,000 Assess when water
becomes available
$10,000 Connection Fee
less previously paid Trunk Charges
N/A
-0-
-0-
$5,000 Assessment +
$1,250 per unit = $6.250
Same
$5,000 Assessment per 12
units ($5,000) + 0.25 Assess
per unit ($5,000) = $10.000
$5,000 Assessment per 12
units ($10,000) + 0.25 Assess
per unit ($22,500) =$32.500
Same
Same
Existing M.F., 4 new units, water
available
Newly Created M.F. Lot, Vacant,
Water Not Available
Newly Created M.F. Lot, Vacant,
Water Available
Newly Created M.F. Lot, 4 units,
Water Available
Newly Created M.F. Lot, 18 units,
Water Available
Commercial
Existing Property Zoned Commercial
but not yet used as such (Vacant),
Water Not Available
(2)5,000 Assessments per
12 units ($10,000) + 0.5 Trunk
Charge per unit ($10,000) less
previous Assessments ($6,250)
= $13.750 Additional
-0-
(2)$5,000 Assessments per
12 units ($10,000) + 0.5 Trunk
Charge per unit ($2,500) =
$12.500
(2)$5,000 Assessments per
12 units ($10,000) + 0.5 Trunk
Charge per unit ($10,000) =
$20.000
(2)$5,000 Assessments per
12 units ($20,000) + 0.5 Trunk
Charge per unit ($45,000) =
$65.000
-0-
$10,000 Trunk Charge + 0.25 Trunk
Charge per unit ($10,000) =$20,000, less
previous Assess/T.C. ($6,250) = $13.750
Additional
-0-
$10,000 Trunk Charge + 0.25 Trunk
Charge per unit ($2,500) = $12.500
$10,000 Trunk Charge + 0.25 Trunk
Charge per unit ($10,000) = $20.000
$10,000 Trunk Charge + 0.25 Trunk
Charge per unit ($45,000) = $55.000
-0-
"
~
Existing Property Zoned Commercial
but not yet used as such (Vacant),
Water Available
Newly Created Commercial Property
but not yet used as such (Vacant),
35,000 s.f., Water Available
Newly Created Commercial Property
but not yet used as such (Vacant),
75,000 s.t, Water Available
(1.5)$5,000 Assessments = $7,500
(1.5)$5,000 Assessments per
40,000 s.f. ($7,500) + $5,000 Trunk
Charge per 40,000 s.f. ($5,000) =
$12.500
(1.5)$5,000 Assessments per
40,000 s.f. ($15,000) + $5,000
Trunk Charge per 40,000 s.f.
($10,000) = $25.000
Existing Zoned and Developed (1.5)
Commercial Property, 35,000 s.f.,
Water Available
Same
(0.75)$10,000 Trunk Charge per 40,000 s.f
($7,500) + (0.5)$10,000 Trunk Charge per
40,000 s.f. ($5,000) = $12.500
(0.75)$10,000 Trunk Charge per 40,000 s.f
($15,000) + (0.5)$10,000 Trunk Charge per
40,000 s.f. ($10,000) = $25.000
1995/96 Water Cash Flow Analysis J) /.;>-sl'lr! vJ~ 00 r t:- -
12/31/96
~ (tyY-
lJlll .lH.a 1.Ui ZQ.Q.Q &.Q.Q.1 ZQ..Q..2 2..Q..M ~ 2.W. ~ .2.Q.Q.Z 2.Q.lUl 2Ma 2!U.Q 2.lll1 ~
Beginning Cash Balance 611,900 708,874 804,284 833,585 779,194 689,107 607,756 535,547 467,896 418,774 367,402 329,398 300,020 279,708 263,938 205,768
1995/96 Bond Issues
1995/96 Estimated Project Costs
Contributions from StreeVSewer Fund
Projected Expenses from Capital Outlay (50,000)
Incr Cash Flow from Pres. Operations 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000 40,000
Sp Assessments. 1995 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962
Sp Assessments. 1996 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455
Marsh Point Development 130,000 130,000 50,000
Watten Ponds Development 25,000 30,000 30,000
Victoria Payments 53,630 54,521 51,848 49,174
Revenue from New Connections 10,920 15,820 19,600 22,260 24,920 27,580 30,240 32,900 33,880 33,880 33,880 33,880 33,880 33,880 33,880 33,880
Additional Operating Costs (1,092) (1,582) (1,960) (2,226) (2,492) (2,758) (3,024) (3,290) (3,388) (3,388) (3,388) (3,388) (3,388) (3,388) (3,388) (3,388)
-*' Revenue from Additional Antenna Space Rental 12,000 12,000 12,000 12,000 12,000 12,000 , 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000 12,000
Debt Service i (213,044) (208,116) (188,136) (61,620)
(244,191 ) (308,383) (295,935) (298,021 ) (284,739) (276,414) ; (267,904) (264,090) (245,245) (246,242) (231,947) (222,604)
Interest @ 5% 17,290 19,617 20,331 19,005 16,807 14,823 13,062 11 ,412 10,214 8,961 8,034 7,318 6,822 6,438 5,019 5,666
Ending Cash Balance 708,874 804,284 833,585 779,194 689,107 607,756 535,547 467,896 418,774 367,402 329,398 300,020 279,708 263,938 205,768 232,306
1995 Profects
Assessments . $846,250 lJlll .lH.a 1.Ui ZQ.Q.Q ......1 ~ ~ ~ .2.Q.Q.Z 2.Q.lUl 2Ma 2!U.Q
&.Q.Q.1 2.Q.Q2 :. ~
Prepays (97,000 in 1995) ~. J.ti
Installment Payments 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,963
60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,962 60,963
Future Assessments
Marsh Point 130,000 130,000 50,000
Wallen Ponds . 25,000 30,000 30,000
1996 Proiects
{
Assessments lJlll .lH.a !all 2Q.Q.Q &.Q.Q.1 2.Q.Q2 i ~ ~ 2.W ~ 2Q.Q.Z 2.Q.lUl ~ 2!U.Q 2.lll1
Eureka Road. $125,000 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874 13,874
South Unk - $35,000 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885 3,885
Smithtown - $ 222,500 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696 24,696
42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455 42,455
Debt Service Schedule lJlll .lH.a !all ZQ.Q.Q ~ 2.Q.Q2 2..Q..M ~ ~ ~ 2Q.Q.Z 2.Q.lUl ~ 2llQ w.1 2Q1.Z.
1995 G.O. Water Revenue 213,203 213,165 202,972 202,518 196,765 186,029 185,163 179,053 167,966 166,781 160,346 148,908 147,308 140,386 128,438
1996 G.O. Water Revenue 30,988 95,218 92,963 95,503 87,974 90,385 82,741 85,037 77 ,279 79,461 71 ,601 73,696 65 ,736 67,730 59,698 61,620
Total Debt Service 244,191 308,383 295,935 298,021 284,739 276,414 267,904 264,090 245,245 246,242 231,947 222,604 213,044 208,116 188,136 61,620
Total Debt Service
Victoria Pavments In1e.W1 I2la! ~ 1995 Bonds 2,706,981
Amount Due Per Agreement 232,500 1996 Bonds 1,217,630
11/1/96 0 46,500 186,000 3,924,611
7/1/97 7,130 53,630 139,500
7/1/98 8,021 54,521 93,000
7/1/99 5,348 51,848 46,500
7/1/00 2,674 49,174 0
Totals 23,173 255,673
I'''/L''! /fCr
Assumptions: 2(,- 97
. 10% of those having water available will hook up each year, up to 90% IS- f>E't<.. 11 f::.1J.il- 4~ -----
. New Hookups will use $140 in water per year :Jf
. Revenue adjusted for New Sprint Antenna approved in 1997
'e
t
~.
To:
From:
Date:
Re:
Mayor and City Council
James C. Hurm, City Administrator
February 19, 1998
Work Session - Wednesday, February 25, 1998
The fIrst work item on the agenda is discussion on conducting policy surveys. I have no
attachments at this time. I understand the discussion will be mainly on questions such as:
Should surveys be taken concerning certain policy questions? If so, what kind of surveys?
How should the information be utilized? What policy questions would the City Council be
interested in having survey data on? Who should design questions? What types of
questions would be most relevant in Council decision making? Who should undertake the
survey? How will the survey information be utilized? I suggest that the Council attempt to
keep this discussion to one half hour if possible.
The second discussion item is implementation of the Capital Improvement Program. A
major issue yet to be finalized is a new ordinance regarding the city water system.
Prepared for your discussion is a proposed new ordinance, which hopefully reflects
direction given by Council to date. The base of the ordinance is the current ordinance.
Proposed additions are in italics, proposed deletions are crossed out. The end product
would be a new ordinance and a separate policy resolution which would include the old
ordinance because areas with watermain installed before this year will be assessed
according to the old ordinance.
I have asked John Dean to attend the work session so that he can hear the discussion and
answer questions. The intent is to go through the ordinance in detail at the work session.
. ,
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 903 -
WATER USE AND SERVICE
OF THE
SHOREWOOD CITY CODE .AADOPTINC. tAN ASSESSM~ENT
POLICY FOR THE PROVISION OF MUNICIP.A...L W.AATER
THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA, ORDAINS:
Section 1. Chapter 903 of the Shorewood City Code is hereby repealed in its entirety and the
following added in its place:
SECTION:
.
903.01:
903.02:
903.03:
903.04~:
903.054:
903.05:
903.06:
903.07:
903.08:
903.09:
903.10:
903.11 :
903.12:
903.13:
903.14:
903.15:
903.16:
903.17:
903.18:
903.19:
.
DRAFT
Purpose and Intent
Compliance With Provisions
Private Wells
Water Service Connections
Water Turn-On and Shut-Off Fees
Private Wells
Installation and Construction Requirements and Specifications
Service Pipes
Meters
Water Rates and Charges
Water Connections Served by Adjacent Municipalities
Authorized Water Shut Offs
Conservation Measures
Restricted and Prohibited Acts
Discontinuance of Service
Mandatory Hook Up, Commercial and Multiple-Family
Residential Users
Right of Entry Powers
Disclaimer of Liability
Water Assessment Policy
Violation
903.01: PURPOSE AND INTENT: The City Municipal water system
(hereinafter called the water system) shall be operated as a public utility and
convenience from which revenue will be derived, subject to the provisions of this Chapter.
903.02: COMPLIANCE WITH PROVISIONS: No person shall make,
construct or install any water service installation, or make use of any water
service connected to the water system except in the manner provided in this Chapter, nor shall
any person make, construct, install or make use of any installation connected to the water
system contrary to the regulatory provisions of this Chapter.
903.03. PRIVATE WELLS:2 Pursuant to the current State Well Code and the
Minnesota Plumbing Code, private wells may be constructed or maintained
and continued in use whether or not connection is made to the water system.
In no event shall there be a means of cross-connection between the private well and the
Municipal water system at any time. Hose bibbs that will enable the cross-connection of the
two (2) systems are prohibited on internal piping of the well supply system. The threads of the
boiler drain of the well volume tank shall be removed of the boiler drain hose bibb replaced with
a sinkfaucet. (Ord 313, 9-23-96)
1
903.04~:
WATER SERVICE CONNECTIONS:
Subd. 1. Existing Service Stubs: Service stubs have been installed to serve some homes and
businesses presently located in the City. For those homes and businesses, the
connections are ready for use by the existing structures in the City.
a. Permit to Connect, Fee: A permit must be obtained to connect to the water system.
The fee for each permit shall be as set by Council resolution 1. Such fee shall include
inspection and turn-on services performed by the City.
b. Conditions of Permit: The permit fee shall be paid at the time of m<UGng application
for water service. In addition thereto, before any permit shall be issued, the following
conditions shall be complied with:
(1) No permit shall be issued to tap or connect with any water main or water
system of the City either directly or indirectly from any lot or tract of land unless it shall
be determined that:
.
(a) The lot or tract of land to be served by such connection or tap has been
assessed for the cost of construction of the water main and water plan system
with which the connection is made; or
(b) The proceedings for levying such assessments have been or will be
commenced in due course; or
(c) A connection charge has been paid.
(2) A water meter, meter horn, and remote reader shall be purchased obtained
from the City at the time permit is applied for2.
(3) If the lot is served by the eastern service district water tower and is below an
elevation of nine hundred seventy five feet (975'), a pressure reducing valve (PRV)
shall be obtained from the City at the time the permit is applied for if a new connection
or upon notice by the City if an existing connection.
.
(4) Inspections: All property service lines shall be inspected by the City Water
Inspector before the lines are covered to insure proper construction of .the line and
connection to the service stub. The owner or contractor shall give at least twenty four
(24) hours advance notice to the City Water Inspector when the service pipe is readyfor
inspection.
(5) Turn On and Shut Offs: Only an authorized City employee shall turn on or
shut off any water supply at the curb stop.
I. See Section 1301.02 of this Code.
2. Fees shall be as provided in Section 1301.02 of this Code.
Draft 1 - 2/ll+R:&l98 I
City of Shorewood
2
Subd. 2. New Service Stubs; Application for Water Service Connection: In the event
additional connections or stubs to existing water trunk or lateral facilities are required or
desired, applications shall be made at the City Hall on forms furnished by the City.
a. Applications: All such applications for service stubs shall be made by the owner of
the property to be served, or his duly authorized agent, and shall state the size and
location of the service connection required, and the applicant shall, at the time of making
application, pay to the City the amount of fees required for the installation of the service
connection as hereinafter provided. The application shall also contain the name of the
owner, a description of the property, lot, block and addition, name of road upon which
the property fronts and the signature of the applicant, or his agent, agreeing to conform
to the rules and regulations that may be established by the City as conditions for the use
of water.
b. Performance Bond: For the purpose of assuring and guaranteeing to the. City that the
installation of the service connection shall fully comply with all of the other terms and
provisions of this Chapter, the applicant agrees to furnish to the City either a cash
deposit or a corporate surety bond in the sum of two thousand dollars ($2,000.00),
approved by the City and naming the City as obligee thereunder.
c. Inspections: All property service stubs shall be inspected by the City Water Inspector .
before the stubs are covered to insure proper construction of the stubs and connection to . .
the water main.
d. Additional Requirements: All requirements set forth in Subdivision 1 of this Section
shall be. applicable to this subdivision.
Subd. 3. Connection Charge: If no assessment has been levied and no assessment proceedings
will be completed in due course, a connection charge shall be made to. the owners of the
lot or tract of land to be served. Such charge will be in accordance with and pursuant to
resolution of the City Councill.
903.054: WATER TURN-ON AND SHUT-OFF FEES: A fee as
established by resolution of the City Councill shall be charged for turning on or
shutting off water except in instances where a connection permit has been obtained by the
~~~~ .
903.05. PRIY.A...TE "'ELLS:-2. Private wells may be constructed or malma:ined and
contiooed in use 'l"Tlllether or not CORRection is made to the water system. In BO
event shall there be a means of cross connection betv/eenthe private well and the Municipal
water system at any time. Hose bibbs that will eBable the cross conneetioR of the two (2)
systems are prohibited OB il'ltemal piping of the well sUI>ply system. The threads of the boiler
drain of the well Tloh:lIDe tank sha:J.I be remoT/ed of the boiler draiB hose bibb replaeed with a siBle
faucet. (Ord 313,9 23 96)
I. See Section 1301.02 of this Code.
"2. See Chapter 506 of this Code.
Draft 1 - 2/11+R:&l98
City of Shorewood
3
903.06: INSTALLATION AND CONSTRUCTION
REQUIREMENTS AND SPECIFICATIONS:
Subd. 1. Supervision: All work performed within the limits of the City shall comply with all
requirements of the Minnesota Plumbing Code as amended and the Ten States Standards
and shall be under the direct supervision of the City Water Inspector and Public Works
Director.
.
Subd. 2. Authority to Do Work: Only persons authorized by this Chapter shall tap any
distributing main or pipe of the water system,. or insert stopcocks or ferrule therein.
Subd. 3. Excavations: 1 Ifthe installation is to be in a surfaced street, the location. of the water
main shall be ascertained from the City Engineer and, upon completion, such installation
shall be inspected by the Public Works Department. Prior to construction within the
street, notice shall be given to the City Water Inspector. School District, United States
Post Office, Police and Fire Departments, and City Public Works Director. Such notice
must be given at least three (3) days prior to the excavation for laying of the service
pipe, and the connection must be made before three o'clock (3:00) P.M. After approval
by the Public Works Department, the street shall be restored to its previously existing
condition as directed and approved by the Public Works Department. The expense of
such construction and restoration shall be borne by the applicant.
Subd. 4. Separate Connections and Meters: No more than one housing unit or building shall
be supplied from one service connection except by special permission of the City
Council. Whenever two (2) or more parties are supplied from one pipe, connecting with
the distp.bution main, each building or part of the building must have a separate stop box
and a separate meter.
Subd. 5. Property Service Lines: All installations of property service lines shall comply with
the following:
a. Property service pipe must be laid with sufficient waving to allow not less than one
foot (1 ') extra length and in such manner as to prevent rupture by settlement.
.
b. Property service lines must be placed not less than seven and one-half feet (71/2')
below surface or finished grade, whichever is lower, and arranged so as to prevent
rupture by freezing.
c. A shut off or other curb stop shall be installed at the property line and placed so as to
be protected from freezing.
d. All underground joints. are to be mechanical (compression or flared, not sweated)
unless otherwise approved by the City Inspector.
e. Joints shall be kept to a minimum with not more than one joint used for service up to
seventy feet (70') in length.
I. See also Section 901.01 of this Code.
Draft 1 - 2/l1-lR8198 I
City of Shorewood
4
f. All joints and connections shall be left uncovered until inspected and tested at normal
water line pressure.
g. Connections at mains for domestic supply shall be at least one inch (I ").
h. No water pipe shall be connected with any pump, well, tank or piping that is
connected with any other water supply other than the Municipal water system.
i. Not more than one building shall be supplied from one service connection unless by
special permission from the City Council.
j. When two (2) or more buildings are supplied from one pipe, each building must have
a separate stop box and separate meter.
k. Prior to connection with the Municipal water system, all means of cross-connection
to a retained private water supply shall be eliminated.
903.07:
SERVICE PIPES:
S ubd. 1. Maintenance and Repair: It shall be the responsibility of the property owner to .
maintain the service pipe from the curb box into the structure. In the case of failure upon
the part of the property owner to repair any leak occurring in his pipe within twenty four
(24) hours after verbal or written notice thereof, the water will be shut off and will not
be turned on until the service charge, as established by resolution of the Council, has
been paid and the leak repaired. When the waste of water is great, or when damage is
likely to result from the leak, water may be turned off immediately pending repairs.
Subd. 2. Abandoned Service Installations: All service installations that have not been used for
one year, or for any reason have become useless for further service, shall be shut off at
the curb stop. Any expense of the City shall be charged to the property and, if not paid
within thirty (30) days, shall be treated as a delinquent account pursuant to this Chapter.
903.08: METERS:
Subd. 1. Meter Use Required: Except for extinguishing of fire, no person except authorized .
City employees shall use water from the water supply system or permit water to be
drawn therefrom unless the same be metered by passing through a meter supplied by the
City.
Subd. 2. Installation of Meters: All water meters shall be installed by a licensed plumber in
accordance with the following rules:
a. The service pipe from the water main to the meter shall be brought through the floor
in a vertical position. The stop and waste valve shall be installed approximately twelve
inches (12") above the floor.
Draft 1 - VII+R:8l98
City of Shorewood
5
b. The meter shall be located so that the bottom is from twelve to twenty four inches
(12"-24") above the finished floor line. The meter shall be set not more than twelve
inches (12"), measured horizontally from the inside line ofthe basement wall, unless an
alternate method is approved by the City Water Inspector.
c. All meter installations shall have a stop and waste valve on the street side of the
meter. In no case shall there be more than twelve inches (12") of pipe exposed between
the point of entrance through the basement floor and the stop and waste valve.
A stop and waste valve shall also be installed on the house side of the meter. Meter
setting devices shall be of copper pipe or tubing from the terminus of the service pipe up
to and including the house side stop and waste valve.
.
d. A remote reader shall be installed on the outside of the building in which the meter is
contained at a height of three feet to five feet (3'-5') above grade.
Subd. 3. Maintenance, Repair and Replacement:
a. Replacement of Meter: All water meters shall be. and. remain the property .ofthe City
and may be removed or replaced or changed as to size and type by the City whenever
deemed necessary.
.
b. Maintenance and Repair: The City shall maintain and repair all meters when rendered
unserviceable through ordinary wear and tear and shall replace them if necessary.
However, where any replacement or repair or adjustment of any meter is necessary
because of damage from hot water backup, damage from freezing water, or damage
from any act, carelessness or negligence of the owner or occupants of any premises, any
expense incurred by the City to repair said damage shall.be charged against and collected
from the property owner, and water service may be discontinued until the cause is
corrected and the amount charged collected.
Subd. 4. Meter Tests: When a consumer makes a complaint that the bill for any past services
has been excessive, the City shall, upon written request, have such meter re-read. If the
user remains dissatisfied and desires that the meter be tested, said user shall then make a
deposit in an amount established by resolution of the City Council I , and the City shall
test the meter. The user shall, if he so desires, be present when such test is made. In
case a test should show an error of over five percent (5%) of the water consumed in
favor of the City, the deposit will be refunded to the user and a correctly registering
meter will be installed and the date of written request and the minimum charge shall not
be affected. In case the test shows an accurate measurement of water or an error in favor
of the user, the amount deposited shall be retained by the City to cover the expenses of
making such test.
I. See Section 1301.02 of this Code.
Draft 1 - 2/11+R:8l98 I
City of Shorewood
6
Subd. 5. Unauthorized Tampering With Meter: All water meters shall be inspected and sealed
by the City Water Inspector. No person not authorized by the City shall connect,
disconnect, take apart, remove the seal, or in any manner change or cause to be changed
or interfere with any such meter or the action thereof. (Ord. 210, 5-23-88)
Subd. 6. Calibration of Water Meter and Remote Reader: On or before May 1 each year, the
City shall mail to each consumer a meter reading card. The consumer shall be
responsible for recording the readings for the water meter and remote reader upon such
card and shall return such card to the City on or before May 20. Failure of the consumer
to return such card to the City by May 20 will result in a late fee being assessed to the
consumers account, such fee to be established by City Council resolution 1. The City
shall analyze such cards and identify those which indicate a difference in excess of ten
thousand (10,000) gallons. The City shall calibrate water meters and remote readers
which have a difference in excess of ten thousand gallons (10,000) and shall inform the
consumer of any difference in the readings and of the amount due. thereon. Prom and
after May 20, 1993, the consumer shall be responsible to pay for any and all differences
in readings between the water meter and remote reader which indicate amounts due for
water consumption. (Ord. 249, 1-13~92)
903.09:
WATER RATES AND CHARGES:l
.
Subd. 1. Rates and Charges Established:
a. Wate.r Service Rates: The water rate due and payable to the City by each water user
for water taken from the Municipal water system shall be at a quarterly rate established
by a resolution of the City Council1. Where service is for less than a quarterly period,
the quarterly charge will be prorated on a monthly basis. (Ord. 210, 5-23-88)
(1) Minimum Rate for Low Income Residents: A minimum charge is established
for residents having low incomes. The charge shall be at two-thirds (2/3) of the regular
minimum rate; provided, that consumption is under ten thousand (10,000) gallons per
quarter. Should the consumption exceed this minimum, the minimum rate reverts to the
regular minimum rate. The criteria for determining low income is as set by the Hennepin
County CDBG Program Income Limits for Very Low Income and family size.
Residents must submit the proper application and income disclosure to be eligible for .
this rate. (Ord. 274, 5-10-93)
b. Meter Charges: A charge for a water meter shall be made by the City. Property
owners or users shall pay in advance before delivery of the water meter for installation.
Said charge shall be as established by the City Council by resolution.
I. See Section 1301.02 of this Code.
Draft 1 - 2/II+F1:8l98
City of Shorewood
7
c. Water Turn On: The established turn-on fee will be charged for turning on water
where service. has been shut off for nonpayment of water billings, failure to repair a
leak, discontinuance of service,. or other reason specified in this Chapter.
d. Estimated and Adjusted Rates:
( 1) In the event the water meter servicing any property is found to be operating
in a faulty manner or to have become inoperative, the amount of water will be estimated
in accordance with the amount previously used in comparable periods of the year.
(2) The City Council shall be authorized to make adjustments in water charges
when the amount billed is erroneous due to a meter deficiency or other mistake.
.
e. Rates Outside City Limits: Rates due and payable by each water user located beyond
the territorial boundaries of the City shall be determined by special contract.
Subd. 2. Listing of Accounts: All accounts shall be kept on the books of the City in the name
of the owner of the property served. All bills and notices sent out by the City shall be
sent to the address of the property served. If nonresident owners. or agents desire
personal notice sent to a different address, they shall file an application therefor..with the
City. Any error in address shall be promptly reported to the City. (Ord. 210, 5-23-88)
.
Subd. 3. Bills for Services, Delinquencies, Discontinuance, Tax Assessments:
a. Billing: Statements for charges for water service for a quarterly period shall be mailed
to each property owner or user on or before the tenth day and shall be due and payable
on or before the last day of the months of January, April, July and October following
the quarterly period covered by the statement. (Ord. 219, 12-4-89)
b. Delinquencies: After the last day of the month in which payment is due, a penalty of
ten percent (10% )of the unpaid account balance will be assessed and added to the
amount due on the account. If the balance due on the account is not paid in full within
forty five (45) days of the day on which the account became due, a notice shall be sent
to the property owner or user informing the property owner or user that the account.is
delinquent and that unless the account balance, is paid in full within fifteen (15) days,
the water will be shut off and the prescribed shut-off fee will be assessed.
c. Discontinuance of Service: If the property owner or user does not respond to the
notice given above, prior to the date indicated in the notice, and the statement remains
unpaid, the water shall be shut off at
Draft 1 - 2/11~98 I
City of Shorewood
8
the curb stop. Prior to the water being turned back on again, the property owner or user
shall be required to pay all delinquent charges, plus penalties and shut-off fees, and the
prescribed turn-on fee.
d. Appeals to Discontinuance of Service: The property owner or user may appeal the
notice to the City Council during the fifteen (15) day period set forth in Subd. 3(b).
Water service shall continue to the appealing property owner or user pending the
decision of the Council on the appeal. Upon the determination of the Council, the water
may be shut off pursuant to Subd. 3( c) as set forth above.
e. Tax Assessments: All delinquent accounts may be certified by the Clerk who shall
prepare an assessment roll each year providing for assessment of the delinquent
accounts against the respective property served. This assessment roll shall be de1ivered
to the City Council for adoption on or before October lOaf each year and upon approval
thereof, the Clerk shall certify to the County Auditor the amount due, plus a certification
fee as established by resolution of the City Council, and the County Auditor shall
thereupon enter such amount as part of the tax levy on such premises to be collected
during the ensuing year. Such action may be optional or subsequent to taking legal
action to collect delinquent accounts. (Ord. 260, 10-12-92)
903.10: WATER CONNECTIONS SERVED BY ADJACENT MUNIC
IPALITIES: The City Council has heretofore and will in the future enter into
contracts with adjacent municipalities to provide water service to properties located within the City.
All permits to be issued under this Chapter shall comply with the terms of such agreements. In
instances where. the cost of the water hook-up from the supplying city is included in full or in part
as a quarterly charge, then such shall be added to the billing for the minimum quarterly water
charge to be paid by the recipient.
.
903.11: AUTHORIZED WATER SHUT OFFS: In case of fire or alarm
of fire, water may be shut off to insure a supply for the fire fighting; or in making
repairs or construction of new works, water may be shut off at any time and kept shut off as long
as necessary.
993
.
City of Shorewood
Draft 1 - 2/11~98
City of Shorewood
9
903.12: CONSERVATION MEASURES: Whenever the City Council
shall determine that a shortage of water supply threatens the City, it may, by
resolution, limit the time and hours during which water may be used from the water system for
lawn and garden sprinkling, irrigation, car washing and other uses specified therein.
Appropriate notice of such limitation shall be given prior to the enforcement thereof.
903.13: RESTRICTED AND PROHIBITED ACTS:
Subd. 1. Unauthorized Turn On or Shut Off: No person, except an authorized City employee
or agent, shall turn on or off any water supply at the curb stop. A turn-on or shut-off fee
in an amount equivalent to twice the prescribed fee shall be charged for the unauthorized
turn on or shut off of any connection to the Municipal water system.
Subd. 2. Unauthorized Use of Hydrants, Interference With System: No person, other than
employees or agents of the City, shall operate fire hydrants or interfere in any way with
the water system.
.
Subd. 3. Supplying Water to Others: No person shall permit water from the water system to
be used for any purpose except upon his own premises unless written consent is first
obtained from the City.
903.14:
DISCONTINUANCE OF SERVICE: Water service may be shut off at any
curb stop connection whenever:
Subd. 1. The owner or occupant of the premises served, or any person working on any pipes
or equipmennhereon which are connected with the water system, has violated, threatens
to violate or causes to be violated, any of the provisions of this Chapter.
.
Subd. 2. Any charge for water, service, meter or other financial obligation imposed on the
present or former owner or occupant of the premises served is unpaid.
Subd. 3. Fraud or misrepresentation by the owner or occupant of the premises served in
connection with an application for service.
903.15: MANDATORY HOOK UP, COMMERCIAL AND
MUL TIPLE-F AMILY RESIDENTIAL USERS: The owner of a property
used . for commercial purposes or for multiple-family residential purposes, involving four (4)
two (2) or more dwelling units, situated within the City and abutting on any street, alley or
right-of-way in which there is located a Municipal water trunk or lateral facility, is hereby
required at his expense to connect to such facility in accordance with the provisions of this
Chapter within ninety (90) days after the date of official written notice by the City Council to so
connect.
490
City of Shorewood
Draft 1 - 2/ 11~98 I
City of Shorewood
10
903.16: RIGHT OF ENTRY POWERS: Authorized City employees shall
have free access at reasonable hours of the day to all parts of every building and
premises connected to the water system necessary for reading of meters and inspection. City
employees shall be properly identified and shall display such identification upon seeking
admittance to the building.
903.17: DISCLAIMER OF LIABILITY: The City shall not be liable for
any deficiency or failure in the supply of water to property owners or users,
whether occasioned by shutting the water off for the purpose of making repairs or connections,
or from any other cause whatever.
903.18 WATER-LYPROVE2\JENT PROCESS ,,'\SSESS'-fENT POLICY
Subd. 1. Scope and Purpose: The purpose of this subsection is to supplement the
requirements of State law, to provide for the methods to initiate a water improvement,
and to authorize the formulation of policies relating to allocating the costs for such
public improvements.
Subd. 1. Scope and Purpose: This. poliClY is intended to provide a fair, equitable, and
consistent means of aJlocating the cost of water improvements.
.
Subd. 2. Definitions:
a. ASSESSMENT R.\TE: The rate used f{)l' City 'NateI' assessments as computed
under Subdivision 5. (Ord. 306, 10 23 95)
b. BUILDll'JG SITE: i\n area of land OR whiCH a building exists or an ar'6a of land
meeting city code requirements on which a building could be constructed.
c. CONSTRUCTrON COST: Amouflt paid to COfltractOrs for constructing the
improvements.
d. CONSTRUCTION INTEREST: Cost of financing the improvements from the time
the project is initiated until the assessment roll is approved by the City Council, less
any interest earned on invested funds. The interest rate will be at the expected .
assessment rate.
e. DWELLING UNIT: .\ residentiaJ buildmg or portion thereof intended for
occupancy by a family, but not including hotels, motels, nursing homes, boarding or
rooming houses, or recreational 'i<ehicles.
f. EQUIVALENT RESIDENTIi\L UNITS: The number of equivaleflt residential
units is detennined by square footage of the nonresidential parcel one unit per 10,000
square feet of laRd area or portion thereof. (Ord. 302, 7 10 95)
g. LOT: Land oceupied or to be occupied by a building and its accessory buildings,
together with such open spaces as are required under the pro'lisiofls of Shorewood's
zoning regulation having not less than the mHHmum area required by the Zoning
Ordinance fDr a building site in the district in which such lot is situated and ha'/ing its
principal frofltage on a street, or a proposed street approved by the Council.
h. LOT: CORNER: "^1 lot situated at the junction of and abutting on two (2) or more
interseeting streets; or a lot at the point of det1.ectiofl in alignment of a single street the
interior angle of v+,hich is one hundred thirty five degrees (135 0) or less.
Draft 1 - 2/11~98
City of Shorewood
11
i. PRO.rnCT COST (Tota:l Cost of Improvements): .\II eonstructioa costs, plus costs
for administration, engiaeering, lega:l, fisca:l, easemeRtacquisition assessiag, aad aRY
project related work preViOl:lsly done but not assessed.
j. RESIDENTIAL UNIT: ,,\ fesidentia:l unit. is a platted siRgle family residential lot
which, in accordaRce with the City's zoning and subdivision regulatioa, cannot be
further subdivided.
Subd. 3. Special f1ssessments:
a. Benefit PriRciple: Special assessments, as authorized by Minnesota State Law,
Chapter 129, may be levied only upon property r€ceiving a special benefit from the
improvement. In Minnesota, the Constitution and courts apply this general rule by
placing the follO'.ving limitations uponthe pO'.ver to levy special assessments: 1) the rate
must be uniform .and consistent upon all property receiving special benefit; 2) the
assessment must be confined to property specially benefited; and 3) the. amount of the
assessmemt must not exceed the special beaefit.
.
The specia:l assessment is a financial tool employed by the City as a means of allocating
the costs of specific improvement projects to the benefited properties and spreading
those costs oyer a aumber of years as specified by the City Couacil.
Special assessments Me billed to the property owner a:long with real estate taxes. There
is, however, . a distiact diff-ereRce between taxes and special assessments. R-eal estate
taxes are a function of the real estate value as determined by the municipal assessor,
\-"rule specia:l assessments are a direct function of the enhancement of va:lue or the benefit
which a" specific impro'/emeflt gives to the property.
b. Consistent & Equitable: Once an ilnprO'.'ement project is initiated andit is determined
that the impro';ements ar'6 necessary and desirable, the special assessment procedure is
intended to equitably and consistently allocate and levy the cost of specific
improvements to the benefited properties.
The City must recover the appropriate portion of the expense of installing public
improvements, if undertaken, v/hile ensuring that each parcel pays its fair shai'e of the
project cost in accordance with these assessment guidelines.
.
This policy sets forth the general assessment methods and policies to be utilized by the
City ,,^..dministrator and City Engineer when preparing. assessment rolls for approval.by
the City Council so as to assure unif{)rm and consistent treatment to the ':arious
properties from year to year. The following policy is general in nature, and certain
circumstances may justify deviations. from stated policy as determifled by the City
Council.
Subd. 1. Special ,,\ssessffient Proceoofe: A t1.ow chart on the Shorewood Publichnprovement
Process for Special Assessment projects giving a detailed explanation of the process is
shown OR the next page.
a. Initiating the Proceedings: Impro'/emeRt proceedings may be initiated in anyone
(1) of the following three (3) ways:
Subd. 2. Special Assessment Procedure:
a. Initiating the Improvement: Improvement proceedings may be initiated in anyone
(1) ofthefoUowing three (3) ways:
Draft 1 - 2/11~98
City of Shorewood
12
(1) By a petition signed by the owners of not less than thirty..five percent
(35%) of the frontage of the real property abutting on the streets named as the location of
the improvement;
(2) By a petition signed by 100% of the owners of real property abutting any
street named as the location of the improvement. Upon receipt of a petition of 100% of
the abutting property owners, the City Council must determine that it has been signed by
100% of the owners of the affected property. After making this determination, a
feasibility report shall be undertaken and the project may be ordered without a public
hearing;,. or
(3) By the initiative of the City Council. Petitions for improvement shall be
referred for Administrative report and estimated budget. A simple majority vote of the
City Council is needed to start the proceedings. \Vhether initiating the proceedings or
accepting a petition requesting such proceedings. the City Council may simultaneously
order a feasibility report on the proposed improvement. Feasibility reports shall be paid
for by the City in the case of water construction projects and recouped once the project
as completed under the terms of this policy.
Not later than the time a petition is considered for acceptance by the City Council
pursuant to either a.( 1) or (2) above, the petitioners shall have executed and delivered .
to the City an agreement whereby the petitioners agree to pay the cost of the
improvement as defined in the agreement and agree not to contest or challenge either the
assessment process or the amount to be assessed.
b. Preparing the Feasibility Study: An improvement project which is initiated by
action of the City Council or by a 35% petition may be ordered only after a public
hearing. Prior to aaopting a resolution calling a public hearing on an improvement, the
Council must secure from the City Engineer a report advising it in a preliminary way as
to:
(1) Whether the proposed improvement is feasible;
(2) Whether the proposed improvement is consistent with Capital Improvement
Planning;
(3) Whether the improvement should be made as proposed or in connection with .
some other improvement;
(4) The estimated cost of the improvement;
(5)' A proposed project schedule; and
(6) Any other information thought pertinent and necessary for com.plete Council
consideration.
An improvement initiated by petition will not be deemed to be economically feasible
unless the petitioners have agreed to pay the entire cost of the improvement minus any
oversize cost and minus .the present value of any additional estimated net revenues to the
water fund occasioned by the improvement for a 15 year period.
An improvement initiated by the City Council may not be deemed economically feasible
unless the Council by at least a 4/5 ths vote finds the above factors to be nresent after
reducing the cost of such improvement by suc~amount as the Council in its reasonable
discretion defines to be the appropriate City slidre of the improvement costs.
Draft 1 - 2111~98
City of Shorewood
13
.
.
c. Holding a Public Hearing on the Improvement: Improvement projects which are
initiated by a 100% petition may be ordered by the City Council without a public
hearing if the City Council determines the project may be undertaken without
unreasonable changes to the Capital Improvement Finance Plan or the petitioning
property owners agree to pay 100% of the cost of the improvements. In the case of a
Council-initiated project or petition of less than 100% of abutting property owners, the
Council must adopt a resolution calling a public hearing on the improvement project for
which mailed and published notices of the hearing must be given. The notice of public
hearing must include the following information:
(1) The time and place of hearing;
(2) The general nature of the improvements;
(3) The estimated cost; and
(4) The area proposed to be assessed.
Not less than ten (10) days before the hearing the notice of hearing must be mailed to
the owner of each parcel in the area proposed to be assessed. The notice of public
hearing must be published in the City's legal newspaper at least twice, each publication
being at least one week apart, with the last publication at least three (3) days prior to the
hearing.
At the public hearing, the contents of the feasibility study will be presented and
discussed with the intent of giving all interested parties an opportunity to be heard and
their views expressed.
1195
City of Shorewood
Draft 1- 2/11+Fl!M98
City of Shorewood
14
- ---
.
(1) The work to be dOFle'
,
(10) da (~ Jhe time when bi~s '::ill be publicl ' 0 '" .
$IOO,~, an~~e;:~~':.~~"Of the J~::e;~~t-::stl.,be IlOt I.ess than teA
ee ).. eeks after publications in II h cost IS less than
f-l ' a ot er ."""" aHa
a statement that no a' a ' '
accompanied by cash a cashi' I s WIll be considered unless tR
of the aia as specified by th~rs ,,~.k, aiaao.a or ..rtifiea check fey...., sealed and
e . It) ouncIl. af such per~entage
f ^ "'afa' G
. "~.. mg ontracts' oF U '
. 0 o'Nmg receipt of the bid '
(1) , ,.. s, the Clty Coeecil must eimer:
" ~.. ard the contract t >a I
Ole ov;est responsible bidd
(2) er; or
Reject a:!.l bids.
The contact must be aWMded
resoktion orderin Q" no later than one (1) yeM
Hm:it- e the Impro'lement unless that resolution after the adoption of the
specifies a different time
The CitJ' Ga '1
unCi may purchase the '
any manner it deems proper if' matenals and order the '.'"ode done by da ' 1 a . .
tT. j a or or Hl
(1) The initial cost of the en' '"
"(2) tIre .. orIc does not exceed $25 000'
No bid is submitted after advertisemeat; or "
(3) The only bids Me e' a
l::lg er than the engineer's estimate
g. Preparing Proposed ,,^..ssessmeat R:" .
must ca:!.culate the amount to be ,oR. The CIty EBgifleer and ^ dmi . I
by the impro'leRJeRt. The 'r"ally llS!Jessea agaiRot every 1"'/ 'I f j""-' Cork
are. prepo'ea to be ....,. to e assessed may be I." th.. . i. ana henefitea
impro'iCRlCRt. !\ftoc fe:s:ssed as stated. iR li.e ootiee of ' u::U .ot more th.., tlJe
assessmeRt roll will ae ... "" ~hcrg.. ...., plRpare6 per Sebd. : of::': hearn:g o. tlJe
~h paroci of l'FOperty W: ~ The asses,meRt roD ,hoela CORt';;:s a <t'~e, tlJe
. ""seGOmesl r. .0 . ,sass....t amOURl iRoludi escnpllOR of
for pabl", iespec,r.;~7~~~6t~o1~ ~ City ^dminiS~:?c'i:;~~ ':.~..w:: .
h. Holding Public Hearin P
assessments HI: t a a g on roposed AssessmeRts' A al' .
the as..55RJefit ~;.;,~-:. feIlowiRg .l'oolisllOO """ ~;i !:tio~ tteam,? OR the speoial
Rag must mclude the follo"'ing if,' ereo . The notIce of
I " · _0.:
( ) The date, time and place of the meeting;
(2) The genera:!. nature of the improvement.
,
(3) The Mea proposed to be assessed'
,
-
1195
City of Shorewood Draft 1 - 2/11+Fl!M98 I
15
I -
. .
(1) The total amount f. a
o t e proposed assessment'
(5) That tbe assessm tn' ,
eFl ro IS OR file with the Clerk'
(6) That 'Nrittea ef efal a' . '
o ~ectlOns mill be . d
YO CORSI erild'
, (7) That RO apF'eal m '13 '
wnUen objectioR si nee a ' a) e taken as to the amoUFl f.
to the heariag or p;ooRted ::;.. ~ele~.proporty OWRN io fil:d ~/i::s~~1 "sloss, a
reSI !fig officer at the hearing' d I erk pnor
f.8.~ =Hi ' an
. " at the O'.'.'Rer ma" a '
notIce on the 7\4:ayor G' J F'pe8:! the assessment to th e' .
asseOSmcRt..;d f1lia~or tty Clerk within threo (3) worldae a e, '~tJlet OO\lIt by sef'liRg
Meyor or the City clo:~lloe wllll llio eo\lIt witllla lO. (10)' da;': a ~er the adoptioa of toe
~ aI er such appeal to the
The notice of the assessment hearin. . ,
once, not less than ('NO C') meel ? must be pUblIshed in the legal ne'"
. _.. <s pner to Ille heariag. .. spaper at loast
The Clt)' Clerk IIRIst mati n ' .
. described in the a<:<: otlce of the assessment hearino-
llDliee me" also j;;:~=':. ":Jil. leasltwo P) weeks Pri~rtoto ~o;:erof nil pa<eeI
ROlleo, the followiRg iRf~""'4' lllM to the mfOllBlllion "''JIlired to b arlBgti · RlIliled
a IOn. e 1fl t e publIshed
( 1) The amOl:mt to be specially assessed
parcel of land; against that particular lot! piece. or
"(2) The right ef. te
person to whom prepayme te property owner to prepay the entire assessment atld the
n s must be made'
,
(3) ~'hether partial prepayment of
ordinance' the assessment
, has been authorized
by
. (1) The time witmamhich
mterest; and .. prepayment may be made "'ithout th
. YO e assessment of
. ' (5} The rate of interest to accrue if the assessment
reqUIred time period~ IS not prepaid within the
i ^e .
. "" optmg the ,,^~ssessm . ^ .
thereof, the City Council eFlts., "...t the assessment hearin or a · ' .
a"essmanls with am a ma) . adopl the aoseOOmeRlS ""g I llIl) a<\J-
as ,.ssm..t, the Olerke~:~ I~ the"adopted asse'SlRtlat .J:~~:~: atlepl the
assessmant The d e 0.._ a aolloe staliRo h e propose<l
or llRpilltted p~:~;:a ,:sossmeel roll shall iRelOOe an)~ ::.-: ~":' of the adopted
an . e erments on large
t Tr~smitting ,,^..ssessment to Coun ,^. ^
:: ,:;~~::.=~:~~~~F ;:ro~ ade,,:~:,;~~~'==
Subd. ounty A.udltor. '
5. ~pecial Assessmeet P r'.' .
theH' fair share of the co 0 lCles. It ,IS the polley of the City that .
llR)' property shell reoei': l~ I~:~,;;;remea;: as they i,~eefil~ r.'.:";"= :,y
IInpro T emeets "'lthOUt pa' D at
YO ymg er them.
1195
City of Shorewood
City of Shorewood Draft 1 - 21l1~98 I
16
-
. .
tablished ia Subdivision 5
. , . ^ t Rate: Usiag a base rate as es ~ all' to allow f-or
a. listabbslaag ~. ~sessr;-may cbonge the as,.ss!'"'at - ....... haIl\. established
b below, the Ctl) ""OCt f this subwY!oleR. the .BfIaMa Rile s ublished by the
iIlflatio~ f:':;'::'"ef'::::"~oa eests f"r IIle~~Z~~~~(o::, 106, 10 23 95)
usmg , no a" r the "Coasumer
"EagiBeeflllg No .. s Reeor,. 0 dele eh...""'tls ill
R tHe base rate u ? I
. +He Ci~' CouFlcil may c ange , . "ement costs, dIfficu t
b, Bas. Rates, .- I rial, cltaaged eapllal lffijlro. t of rovidillo
~:;=t7 o:'::"';~=:~, i ~t~r C~g~~:,,"~R:E;:e~~c~=~d ~~
water 'efVlce to "'e b . the City EngiBeer lBe.cal1Bg a III ha"B eeoaffed or are
.aroM ~a~. aal~J:p~~t ~Ol be limiled 10, lite ehan:simpr":'ye.:.oot cast'. aad the
report s a mc 'rl ~ -truc~:on methods, CapI , _
anticipated 'l.ith reg.ar... .0 c();) f th; Citv to be served by CIty 7/ater,
rem&illillg geogrophocol area so, . b ss.d far a _eR (15)
- no tef shOUld e asse ,. Fe
c, Term of ./\ssessment: :'\sse:~~f~~t~~'~:s that some other period of tIme IS mo
year per.iod ualess the CIt) Co .
Rppropnllle. . 10 ga''fttllHlOel jarlfJdictioe,.
' . Pfsflerties belongmg . ,
d GO'/emment O\,'/ned P!'OpertIe~. H me as privately owned proper!) .
' . H G.ty "'ill be assesse tl e sa .
iIlcladIRg I. I ," all t be levied oa propertles
a' ~ 'al ^ ssessments sh no 1 " ,.. "'holly and
e. ~e ":~~~tle~."'to' ~';;;sl~~e of uadeY~d~i ~$u~ ...clIer
de.me ~ ,..'Ie: 'oiled wetlllBds, fleed pltlHl~. B lid' g mGpeetor, How.\'8r. all
oomp1alel) _I aft , d . ed by the Cll). a ftl . ll' Ii n,llOf
having .restricted salls as ete~: 'ldable uatil proyen otherwISe ) tl e 0 H .
... -I a . 'sHmed to e Ul
fl'l"'ei<; et ... are.. f all proj.cts liB...e"" by
H a sa assessments sr f tH esnd
f, !1llerest Rate: Tile ~~ ra:: ~ (2%) of the tlC~..~: :C~ Ise.....i,;.
delll issallB~ shQl~ _~. ': order Ie inslHft adeljllllle Ol,ooffi fin.. t ;~ _elthe itllere'l eoot
issue. T1Hs.s ...0.,.,.., ..-ment!; at... iBl....st _ su 0.... lion deliaqaeBeies. lB
Ie reinveOIIlSSeOSIRc;'!. ~fCp , . ""es problems of PIl).....1ll eollcc. hall BOI """"""
of debt or wheR Ihe c'-~ ex:~':... the Rile of mlereill OR ass.:b':~d~ issued ill the
the BY;) BO b~ad;,;:::"'r:... lite ftvcrege _ of ftl_JI b:a rale, Ill_st Oft inIlial .
lwo ,( perce .~ or the c.......1 ftlat"kel IRUlllelp dale of lite re,o!llltoR
prcVlOB' oalaadnr '.~aIlmenls shall begin to aceme fro"; ~~ eltang.s adople<I by
speeial asseOSlllCat Ins I 0-....." _51 be aatifled by m 0 eelS "'hioB 8Iffer from
adopting the as~essme:,. ."terest rates or prepaymeFlt requH'em n
the City CouncIl regar m~ Ia f the proposed assessment.
' a' tHe astIce 0
tllOse eOlllftltlC.a f ,.aiI<tI>le options WhaB
rty o"'aer has sur a,
a . 'The prope n
Payment Proce ures. .
g, 'd 'ng paymeat of assessments. owner, then
"OBm en flY
' is undertakea by the w?pe , property tax
(1) Tax Payment If n~ actIOR ally oa the indl'lldual s
' installments ','1111 appear annu
speCIal assess~~t tion of the assessmeat term.
statemeFlt for t e I:ifa
1195
City of Shorewood I
Draft 1 - Vll~98 City of Shorewood
17
-
- .
(2) Full Payme t W '
v:ithin 30 da 'S f n 0 mterest '",ill be char eel ' ,
property o'll~or:" ~ '""'; of adoptiaft af the nsso.~';;"~ ~ eft"'" llGSellSlftOftl is paid
of ,"" nsSOSSHlOftt "~i: i'::( liHIe betweeft ,liat dllle nad No..er:::,~r ~5 the lIftual year, the
n erest accrued to December 31 of ~h ' prepay the balance
at years
, (3) Partial Payment Th
partIal payment reduction of ,e property o':.:ner has a one time 0 om . ,
oBly be eKercised witltiB u.:j(} ,,:,o,uftt agaIft<JllJighOf as.es.HW;!1 i:,iUt) Ie make a
assessment roll. a) penod unmediately foll ",.' IS ~ptlon may
On mg adoptIon of the
, I' (1) Prepayment The fJro ''''
) ear s mstallment f ,. pert) 0 n nef may, with ta .
time, prior '0 "o~, pnftOlpalllH" 1ft_&!, pay ,he ,.",.,;ftin · eKCepUOft of the eortollt
~laIbftOftl, v;it!. 'iat~:,er 15.Wlthout feaRer in'.res' Gh~~:eSSHlOftt balance at any
~otleetioft with the reol e';:OUoR Deeembnr 31 of the follov:i;~ :'o;;:..r::.if'~r, the aext
De re<laced by the amouftl : ~s p~!",l>le the eftsoift" year. t&; s ,:1 aI e le",e" f<or
o me mstallment. e pnnclp balance '.viil
(5) Partial Pre13a"me t f ~ '
. partially prepaid subject t~ th n f, ~l n~eclal .^~~s~ssments Special assessments may be
.e .a onmg prOYlSlOns:
(a) Partial prepayments shall b d
(b) e ma e to the City Finance Director
Partial prepayments ma" 9 .
. .' e made not more than once per calend H
Ee~ P ....'aI . ar ,ea!'
."" . 10" prepllj'lftftlll5 Hlll' be . . ' ,
ongmal assessment (Ord 361 8 [aid m amounts not less than 10% of the
. . , 1 95)
h~ .^~ppeal Procedures' No
adopted unless am" . ap'peal may be taken as to ffi
=s~~/~~~~~F ~'fu~=O;ri~:d: ::e::;1 ~;Efo~~fta:7Isns~k:~:
Dislric' COlla low" e earmg. The propOft)' OVluer Hlll' or presoato" Ie the
witlrift 3(} days :.:,~:::! ftolIee ef the awen! apoft the M~:"O~ 1IH, ~sess....at Ie
District COIl.1 witlda 10 :''',l'UOft of the. ElGsesomeftt and filiBo C~. ~._[
. Admir!islra;er . a} s after semee af the appen! 0 e SU: . ooIIee 1'''''' !be
. pon tl e Mayor or City
i~ Reapportionment U b . . .
assessment h 9 P?n ,and Dl'llSlOn: 'Nhen a tract fI el .
the City Collft":,i1 """ .Ie"'.d IS sabsequeatly divided er s"::di;" OgaI,1Illt whieh a speeial
~otioft, equitabl~~':t tIpjlheatlOft of the 8'1/il0f of IlIt}' part '::~ ,!~at er otiJ~lise,
~_ of Ihe lIIlsesm:~ =t ::: =o~s 10;'; or pareols ia ~~O';:. ~ a:;:
balono::: :l:' :~h :ramOllHlOIIl ',."i11 IiOI HlOlC~!rnid :d .IiO' tlJea """ if it
_shift f IB assessmellt agalns' the tract +Ii . ~a _oa of the BIIpOid
SlIltuIes ~':tia~ s~~~t;:s':'":'~ hoftd ill certain '0...: ~';;p~o~i1 iIl~ roquife
~=~e:"dI':i:d Ie er pers~ftnRy r::a"~:: '::'~~""':r ~d af ~ ;0:
:::s'l,=,:e~:~r:::~":: =!a: ~= :cfa= \~:.t =~
ffilnIstratI'Ielyeffective. ' a procedtKe would
1195
City of Shorewood Draft 1 - 2/11+Fl:Sl98 I
18
Subd. 6. .^~ssessmeFlt Method:
a.
Unit Method
. --lance mith the Formula in the
!:taU 9 made m accort:t ..
^ ssessments for City water s e
f~llowing table:
Formu.la
Land Use.
Existing
Futu.re
Lot of Reeord!Units
Newly Created Lots or
r V nits
Single Family
&,
+
~ 'I ,*
~'lu1tiple amI)
R I 0.25 RU
T , 0.25 TU
Property ZaRed
Commereial Bu.t Not
Yet Used .\s Sueh
~
.75 T Del .5 T De
.
ZORed aRd
Developed as
Commereial Property
1.5 R Ue
.75 T Uel .5 T-Ue
Sehools, Churehes,
CoverRmeRt, aRd
~ 'EI t' 1
Other N onreSI en Ia
R (10,000 s.f. of land or less)
1.5R (o'ier 10,000 s.f. of
laatit
T (10,000 s.f. of land or less)
1.5 T (over 10,000 s.f. ofland)
I
I
uired to installlareral mains
J: ne'" s"bdIYISI0nS '..:I11ge feEl
!:t 9 ' Eie"elepers Or .. u
In addition to tea 0\ e,. ~s at the time of platting.
services ana apj>Orlenant lIe , . "I 0<1 land shell ee ore6iIo<l IIie
k . apfllied agai:nst newly di'ilded or de. e op
New assessment c arfe~aFQ:es against the original parcel.
amount of assessmen c e . +eA This chai''''e may
!:to a nem lot IS crea. t:t. e
bk . ^ n assessment due at t e tIme .: ~ mater is available, b) water
T - Tronk <I arg:;,; ~ of tile followiftg eiroarntJlances. a e~_ or e) tile tIovolojl8r
~~e;:: ..:. lWaiIabIe pursOant to f ,~'*:rlli~'i!)~:aiT IIie obIig<>lioa to pay water
;~quests that the assessment be e .Ie .
connection fees at a later date.
e emes a"ailable.
R - '^1Fl assessment levied against a lot 'Nhea water ec .
.
U - #" of dwelling units.
Ue - Nl:lmber of equi'ialent residential units.
0198
Draft 1 - 2/114-R8198
City of Shorewood
19
-
~ ,
* MultiI?le family dwellin .
d'.vellm6 units For R gs mc1ude those buildings desi .
will b. allowod for ;':/:FflOS.S of lhis ordi.Imce .o"':~ w~ lwo or lH....
.... per Slnlcture, ... rat. (II.) awli.ll. &'"'05....1 fo: II tlwelliag enits
(Ord. an trunk charg.es
302, 7 10 95; Ord. 306, 10 23 95; Ord. 322, 6 9 97)
b. Comer Lots. S1...all b --
Subd. . u e a&:>essable H'Re H' e
7 D . " a "ater ..ceOines availHllI
. eferred _^..ssessments: e.
a. The City Council may defer S . ^
by a person who qualifies under tg:~~ci;~~;s:~~n.ts:. ~n homestead property o'''ned
b na set orth below~ " -
. Procedure: Tn
. af e f3roperty emfle ' afl
specl assessments on .. r sn mak.e application fo
sHjlpl._ell e" lIla Sh a form preoerib.d by lIla HeaeopiB r geforrell PU)'ffieIH of
. . h. ' ore'''ooll (;. A ouaty A ll.
wIl lB 3ll days Bfter the d ". Ity ,&hoinistralOr. Th.. r. ,di Iter and
b. renewell each year e: opti:oa of the ..oesolHenl roll bv ;: C''::''/! sholl b. mnlle
:~ ~G~~~-"o~ s:.nfil:~~;G~ ~u:~ =~oa .., r.t.r :,OI!S:~~
City Coeaeil Ie .J:'HIJllele mf..nnotioa anll Eletails Imd "Jor each. applwatioa; "",low
Coencil ey lBlIjorilY ":o:~:;; or disapprove the apPlieati': ~o~OtadntiOH 10 the
IS gran1ed, the city C' . Oilher grael or doay the d.f""" · ~l, 'The Cav
Il.enewal applwatioas .~::t lHa)' refjllire IIie pU)'ffie1ll of :::: ~ the do_lit
whereby the origiaul ee~lliIi · '{PFO"ell_ ey IIie City ~s f.e. eaoh year,
ons er qualltIcatiofls remain substantial~~ er those cases
If the City Council ora I h . ) uacllaege<l.
.^.uditor who shall ht : s t e defe~ent, the City .1\dministrator B: .-
notice of lbe llercr...:;o~. ~VI~ ~4iIInlllJelR StaluleS, Se~~l 4 'fsn~:11e Coonty
ass.som.al. e OlH1ty Reoerller sotIin f, h' ,,,,,,oft! a
g ert the amount of
Interest shall be charged
af on any asse El
equ to the rate char El &Sment eferred f3ursuant . .
. projeets the """0_: is ~a etl~(" a5SeOSlHoa!s for the Parti";l~ l!ll.s J,ecn"" at a -
to an apflIiellRt, the marest a~~.g, If IIie City Couacil OfImts ImP. e IH1pF<>venlOlll
OB a yearly basis B . lBi>) so ho deforred, or the. . Il<lsossBJellllleferml
deferrell 'The II . ,P 1Hl1I111ie asSOSSIBOM periolllcfm. I stlBB) be dee and payable
deferrell 'is rloc~d":,~B~ ~ ~:er .~lriocipal ImllO:::"::" j~It :: prIBa!paI is
RCl .~ en consldenn Q" the appli f pnnclpal IS
CoallitioBS of Hardship: b ea Ion.
a. i\RY applicant must be 65 .
andler total disability ana )ears of age, or older, or retired b .
for whieh BlBst be the a.;;'::a~':~ ;'siegal ~r oquital>lo i_st k ==~"""'7~
e app lcant, or app e
~. The annual gross income f R .
~e'!.t~1tioits (S(J% of median') ':':1 =~l shall. a?l e. in excess of the va ' 10'"
s~~'::'~}B:.a~e~atien of IIie toto! f~J.,O':' ~:RbCPi; COlR!'Y's ~e;
. a e mcome sources of the r e etermmed by the
app lcant and spol:lse.
City of Shorewood Draft 1 - 2/11+R:&198 I
20
Ineo~ sp~cified in ~ appli~atioR shm:Ild be tIle i~come of the year proceeding are
year 1f1 \vmch the applIcation IS made, or the average mcome of the three years prior to
the year in which the applicatioFl is made, whichever is less, and
c. Permanent and/or total. disability shall be determined by using the criteria established
for "permanent and total disability" for "\Vorkman's CompeFlsatioFl, to wit:
(1) The total ilfld permanent loss of the sight of both eyes.
(2) Tlle loss of both arms at the shoulder.
(3) The loss of both legs so close to the hips that no eff-ective artificial members
can be used.
(1) Complete and permanent paralysis.
(5) Total. ilfld permanent loss of mental faceities.
(6) .\fly other injury which totally incapacitates the o\':ner from 'Norking at an
occupation which brinGS himlher an hcome.
i\n applieant mast substantiate the retiremeflt by r'6asoa of permaneflt and/or tow .
disability by providing a s'.':om affida'/it by a licensed medical doctor attesting that the
applicant is unable to be ,;a:i.nfuUy employed because of a pennanent and/or total
disability. (Ord. 300,6 12 95)
Subd. 8. City CouncH may adjest the final assessment as appropriate to satisfy the
requirements of Minnesota Statutes Sectioa129. (Ord. 302, 7 10 95)
Subd. 3. Policies: The City Council shall establish and may from time to time modify
policies pertaining for the fair, equitable and consistent allocation of the cost of water
improvements. Such policies may relate to factors for determining economic feasibility,
fees and charges for connecting to the system and such additional matters as the Council
shall determine appropriate in its reasonable discretion.
903.19:
VIOLATION: Any person violating any provision of this Chapter shall be
guilty of a misdemeanor. (Ord. 210, 5 23 88)
.
Draft 1 - 2/II-iR8l98
City of Shorewood
21
CITY OF SHOREWOOD
RESOLUTION NO. 98-
A RESOLUTION ESTABLISHING
CITY POLICY
REGARDING THE MUNICIPAL WATER SYSTEM
WHEREAS, the City ordinance code authorizes the City Council by resolution to
establish policy regarding the City's municipal water system; and
WHEREAS, the City Council believes that a clearly articulated policy statement will serve
several important functions including, without limitation:
1.
11.
111.
provide for the consistent application of rules and procedures;
provide the justification for Council decisions in particular circumstances;
adequately inform the public of the circumstances and requirements under which
municipal water may be provided; and
facilitate the development of long-range capital programs for the municipal water
infrastructure; and
.
IV.
WHEREAS, in considering the adoption of such a policy and any future amendments, it
is appropriate for the Council to take into account such matters as expectations based upon past
practice, equity, r~venue productivity, political accountability, together with the Council's vision of
the role which municipal water plays in the future of the City.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of
Shorewood as follows:
1. Scope. This resolution shall apply to the City's municipal water utility only, and
none of the provisions contained herein will be deemed, by implication or otherwise, to be
applicable to any other municipal improvements.
.
2. Effect on Existin~ Improvements. Improvements for which assessments are
pending or levied shall be subject to the provisions of Chapter 903 of the City Code in effect on
January 1, 1998, (or on the date of the levy of such assessment if earlier). Improvements which
are the subject of executed development agreements shall be subject to such agreements whether or
not the improvement has been constructed. Future connections to existing City lines shall be
subject to the provisions of Chapter 903 in place on January 1, 1998, unless the Council in its
discretion determines otherwise on a case-by-case basis. A copy of the provisions of Chapter 903
in effect on January 1, 1998, is attached to this Resolution as Attachment A.
3. A~ement and Waiver. No improvement will be ordered until and unless the
petitioners and all affected property owners have executed and delivered to the City an agreement
and waiver in the form substantially shown in Attachment B. and all non-petitioning affected
property owners have executed and delivered to the City a consent agreement in a form acceptable
to the City shown in Attachment C.
JBD137416
SH230-2
4. Hook-Up Followin~ Initial Assessment. An individual applying to hook-up to City
water installed after January 1, 1998, will be required to pay an amount equal to the assessment
and other hook-up and connection charges paid by the individuals who initially hooked up to the
improvement, together with interest. The Council may, but is not required to, provide for the
payment of all or part of such charges over time and in a manner similar to a special assessment.
5. Effect of Resolution on Section 903.18. To the extent not inconsistent with the
policy statements contained in this Resolution and any amendments to Chapter 903, the provisions
contained in Section 903.18 of the code as of January 1, 1998, shall serve as guidelines to th.e
Council in formulating decisions regarding municipal water. The Council is free to disregard such
guidelines when it determines to do so would be in the best interest of the orderly administration of
the municipal water program.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood.this _day of
1998.
.
Tom Dahlberg, Mayor
ATfEST:
James C. Hurm, City Adlt'inistrator
.
JBD137416
SH230-2