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070885 CC Reg AgP .. f' ." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 8, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A CALL TO ORDER A. Pledge of Allegiance and Prayer B. Roll Call '~ Mayor Shaw Stover Gagne Rascop Haugen = A. APPROVAL OF MINUTES r--~ June 24, 19185 (Attachment la. Kegular Council Meeting - "~ ~ WEST HENNEPIN HUMAN SERVICE BOARD APPOINTMENT \ 7:45 ~ PUBLIC HEARING - CANCELED fJ~(, ~ SIGN PERMIT REQUESTS /JIJ /J4/1~ A. LC.O. , ~ Applicant: Tom Wilharm ~- Location: - Minutes) A. New Member - Martey Jakel (Replacing Henry Carson) Michael McDonald - Request withdrawn by applicant~ 5680 County Road 19 B. COUNTRY KITCHEN (Attachment #4a. - Staff Report) Applicant: Location: Altracta Sign 22920 State Highway 7 (Attachment #4b. - Application) 8:00 5. PUBLIC HEARING - SIMPLE SUBDIVISION - LOT AREA VARIANCE A. Applicant: Location: Daryl Trones 26220 Wild Rose Lane (Attachment #5a. - Memo) (Attachment #5b. - Legal) (Attachment #5c. - Staff Reportl 5. SWIMMING POOL PERMIT REQUEST A. Applicant: Location: Robert Nelson 6140 Pleasant Avenue (Attachment #6a. Application) ~' REGULAR COUNCIL AGENDA - 2 - JULY 8, 1985 '-~ MATTERS FROM THE FLOOR A. B. " 8~, SOLICITATION ORDINANCE REVIEW A. (Attachment #8a. - Police Report) 9; ATTORNEY'S REPORT A. NAEGELE SIGN UPDATE , B. 10. ENGINEER'S REPORT A. STATUS REPORT ON CATHCART AREA Street/ Storm Sewer Improvements " '\, B. , 11. \ADMINISTRATIVE REPORT A. B. 12. MAYOR'S REPORT A. B. 13. COUNCIL REPORT A. B. . 14. APPROVAL OF CLAIMS & ADJOURNMENT /' r f-:::/ '..'l~.''', ~ t. '. . '..- "'" ....~. "#'. . v \ ~#.. .;'" ~ "- f' %. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 24, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M., Monday, June 24, 1985 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Councilmembers - Mayor Rascop, Haugen, Shaw, Stover, and Gagne Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. MATTERS FROM THE FLOOR FIRE CRACKE~~'APPROVAL Terry Jensen,mariager of Haskells Lounge, is requesting permis- sion to use Shorewood roads for their annual "Fire Cracker Run". a 10K race. She submitted a map showing the proposed route. They will be using Minnetonka Boulevard, St. Albans Bay Road, Manor Road, and Knightsbridge Road. Haugen moved, seconded by Rascop, to approve her request to include notifying the Amesbury Association of the race. Motion carried - 4 Ayes - 1 Naye (Stover). SWIMMING POOL REQUEST Robert Nelson, 6140 Pleasant Avenue, presented a request to in- stall an "above ground" swimming pool that will be fenced in as required by the Ordinance. Council postponed action until additional information can be obtained from staff. JUNK COMPLAINT Mrs. Jan Towne, 24740 Smithtown Road, was present to make a complaint about the junk on 24590 Smithtown Road and the resi- dent across the street from the Townes. She stated that their house is up for sale and their real estate appraiser told them that their property was devaluated because of the surrounding properties, and she wants these properties cleaned up immedi- ately. She is not satisfied with the manner in which the city has responded to her complaint, nor the progress that has been made on the clean up. .. .. REGULAR COUNCIL MEETING - 2 - JUNE 24, 1985 JUNK COMPLAINT (Continued) Planner Nielsen reviewed the steps that have been taken to date and the progress that has occurred. He indicated that a follow up letter will be sent to the resident across the street and the other issues will be turned over to the City Attorney. QUESTION ON RECREATIONAL VEHICLE ORDINANCE Mr. Bob Reutiman questioned how the City was going to regulate the R.V. Ordinance. Staff indicated that we would respond to citizen complaints and not intentionally look for violators. Reutiman did not feel that citizens should have to complain if an ordinance was in effect. Gagne felt the "passive control" should be maintained. REQUEST FOR BUILDING PERMIT - BERNARD WHETSTON Curt Christensen, contractor, presented a request for Bernard Whetston, 5835 Eureka Road, to add a bathroom and remodel to his home for a handicap facility. This is necessary for the care of Mrs. Whetston. Planner Nielsen explained that a variance was needed to add on because the existing structure is nonconforming, does not meet setback, and there is a nonconforming use because of the current business use being operated at the location. A "junk complaint" letter has also been sent asking for compliance to the ordinance. Mr. Christensen stated that he was willing to hold off his building permit request until the clean up violation has been satisfied. Nielsen still referred to the business use being nonconforming. Resident, Pat Gorecki, asked what business could be operated from the requested bathroom addition. Attorney Froberg stated that a determination should be made on whether the de minimis rule could apply to the business use at this residence; it may be so minimal as to not be worthy of recognizing. Nielsen indicated that if a C.U.P. was deemed unnecessary a variance was still needed for the expansion. Gagne felt Mr. Whetston should continue by requesting a Public Hearing for the needed variance. Rascop moved, seconded by Haugen, to direct that a Public Hearing be set to hear Mr. Whetston's request at the City's expense due to the economical hardship of this case. TEMPORARY SIGN REQUEST Gary Lindberg made a request for the placement of a sign that meets the requirements of the Ordinance, to be placed at 5980 County Road 19. Haugen moved, seconded by Gagne, to approve the request as sub- mitted. Motion carried - 5 Ayes. . .~.,~~;:. . REGULAR COUNCIL MEETING . - 4 - JUNE 24, 1985 PUBLIC HEARING - GIDEONS ORCHARD P.U.D. CONCEPT STAGE APPROVAL RESOLUTION NO. 46-85 The Public Hearing was opened at 9:20 P.M. to hear a request from Kristin Spencer-Barney, representing Gideon's Orchard. Her request is for P.U.D. Concept Stage approval to construct a 39 unit condo- minium project to be located at 5620 County Road 19. Public comments were received from, Joe Gorecke questioning prev- ious approval. Nielsen indicated that new applicants constitute a new hearing. Robert Reutiman questioned density - 6.99 units per acre. Mayor Rascop closed the public portion of the hearing, after calling for additional public comments and receiving none, at 9:23 P.M. A Planning Commission member had recommended that the City Engineer determine the size of drain pipe under County Road 19 to insure proper drainage. Engineer Norton did not feel that the pipe was designed to accommodate that drainage. Gagne moved, seconded by Stover, to approve the P.U.D. Concept Stage. Motion carried by roll call vote - 5 Ayes. COUNCIL BREAK STOP SIGN REQUEST A petition has been received to install a "stop sign" north bound on St. Albans Bay Road at Manor Road. A recent stop sign was in- stalled by the City of Greenwood on the south bound side of the intersection. 9:28 - 9:40 P.M. Stover moved, seconded by Gagne, to approve the installation of the stop sign immediately and obtain recommendations from Police, Engineer, and Public Works. To be discussed at a later date. Motion carried - 5 Ayes. Clerk Kennelly presented a letter received from Mrs. Ann Meldahl, 6180 Cathcart Drive, for a stop sign at south bound Cathcart Drive and West 62nd street. Council tabled until a petition is received. NYGAARD-HOLMBERG SIMPLE SUBDIVISION REQUEST M~. Holmberg withdrew his request for simple subdivision at this time. SIMPLE SUBDIVISION - R. W. REUTIMAN RESOLUTION NO. 47-85 A request has been received to subdivide the property North of 24000 State Highway 7 on Lake Linden Drive. The owner, Robert Reutiman, questioned the need of the staff to require grading plans prior to approval of the subdivision. He stated that they have no current plans for the lots. The Engineer has reviewed the plans and recommends, for traffic safety, that one driveway be used to service both properties. Haugen moved, seconded by Stover, to approve the subdivision sub- ject to one driveway access to service both properties; legal de- scription submitted to include cross easements granted to each of the properties; park fund fees; and acceptance of sewer assess- ments. Motion carried by roll call vote - 5 Ayes. ~ REGULAR COUNCIL MEETING - 5 - JUNE 24, 1985 MURFIN PROPERTY SALE R. W. Reutiman asked if the Council had determined whether to buy a portion of the Murfin property (Village Pump) that adjoins the City property. Shaw moved, seconded by Stover, to table this issue until the next meeting and further information can be reviewed by the Council. Motion carried, 4 Ayes, - 1 Naye (Gagne). ATTORNEY'S REPORT SOLICITATION ORDINANCE DISCUSSION Attorney Froberg reviewed two types of Solicitation Ordinances. The Ordinance would prohibit solicitation but the resident would have to post a sign on their homes against solicitation. The second method would have the City regulating and licensing solici- tation within the City. Council had various opinions on what type they preferred. Questions on the city's liability and enforcement were asked. Haugen would like to discuss the Ordinance and enforcement at the July 8th Council Meeting and have the Police Chief report on the enforcement of this Ordinance. RADISSON INN ADDITION- LOT 11 A building permit application has been received for Lot 11, Radisson Inn Addition. Due to the history of this lot, the Council requested the developer to have a legal opinion done on the buildability of this lot. Attorney Froberg reviewed an opin- ion made by his assistant, Paul Ahern. He concluded that the lot was buildable if setbacks could be met and a C.U.P. could be ob- tained for sub-standard lot size. Shaw moved, seconded by Haugen, to table until additional infor- mation can be obtained. Motion carried - 5 Ayes. Stover felt additional Attorneys' opinions should be requested. INT~ZONING ORDINANCE DISCUSSION Attorney Froberg called attention to the fact that the new Interum Zoning Ordinance does not prohibit the sale of adjoining substan- dard lots under the same ownership as the previous Zoning Ordinance did. Stover moved, seconded by Gagne, to direct the new draft of the Subdivision Ordinance to include prohibiting the sale of substan- dard lots listed under the same owner. Motion carried. APPROVAL OF INTER~ ZONING ORDINANCE SUMMARY Gagne moved, seconded by Stover, to approve the Interum Ordinance Summary of Ordinance #168 and direct the summary to be officially published. Motion carried - 4 Ayes, 1 Naye (Shaw). J t CHECK NO. 30635 30636 30637 30638 30639 30540 30641 30642 30643 30644 30645 30646 30647 30648 30649 30650 30651 30652 30653 30654 30655 30656 30657 30658 30659 30660 30661 30662 30663 30664 30665 30666 30667 30668 30669 30670 30671 30672 30673 30674 30675 30676 30677 30678 30679 30680 30681 30682 30683 30684 30685 30686 GENER1IIfUND - BILLS PAID SINCE JUNE 2111f985 TO WHOM PAID PURPOSE ,-- VOID Refund Withheld Savings Mn Municipal Clerks Inst.-Niccum Mileage Mileage WHERF Study Manual Refund Bldg Permit overpayment Brad Nielsen U of M Susan Niccum Dan Vogt Wood Heat Educ. & Reseach Robert H. Mason, Inc. L. Cramer Const. Evelyn Beck Postmaster General Title Ins. Co. of Minn. Cash Evelyn Beck Roberta Dybvik Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Dan Randall Patricia Ray Howard Stark Dan Vogt Ralph Wehle Don Zdrazil Wendy Moldenhauer Title Ins. Co. of Minn. State Treasurer Mtka State Bank Commissioner of Revenue State Treasurer City-Co. Credit Union Kenko, Inc. Brad Nielsen Acro-Minnesota Assoc. Asphalt A T & T A T & T Braun Engineering Mary Dalton Davies Water Equip Rolf Erickson City of Excelsior Gopher Sign Co Henn. Co. Gen. Acct. LMCIT Labor Relations Assoc Metro Waste Control Comm. Metro Waste Control Comm. Midwest Asphalt Midwest Mailing Sys. Minn. Mutual Life Minnegasco " " " " Mileage Refill Postage Meter Park/Road Acquisition Bruce Refund Petty Cash payouts Salary prop. " " " " " " " " " " " " Bal. due from Closing-Bruce prop. June 23 payroll - FICA " "" FWH " "" SWH " "" - PERA Payroll deposit Const. Payment Voucher #4 Mileage Office supplies Redi-Mix for Cathcart Public works equip lease City Hall " " Water ford testing Clean City Hall Repair lift stations June '85 Assess Fees & supplies 3rd Qtr '85 Fire Contract-July 1 Freights chgs - signs B & R Shorewood Prisoners - May '85 Employee Health Ins. - July '85 Services rendered Metro Sewer Chgs. - July '85 Metro SAC Chgs. - May '85 Rock for Cathcart Postage Meter tape Employee Life Ins. - July '85 Utili ties continued, page 2... AMOUNT -0- 302.00 235.00 26.28 16.34 15.00 621.23 563.73 84.41 400.00 105,500.00 36.45 750.95 436.49 572.08 578.87 388.16 702.55 572.08 440.93 537.93 802.13 529.33 749.23 120.75 13.50 1,442.60 1,289.00 712.00 844.09 10.00 62,115.85 73.48 173.08 274.80 13.05 53.87 313 . 55 45.50 44.20 1,566.23 10,573.25 11 .92 1,919.75 1,725.95 65.00 20,370.69 3,366.00 1,820.33 17.50 154.46 128.48 ~ CHECK NO. 30687 30688 30689 30690 30691 30692 30693 30694 30695 30696 30697 . TO WHOM PAID City of Mound Northwestern Bell NSP Orr-Schelen-Mayeron Pommer Co. SLMPSD Ron Schneider Village Sanitation White Bear Animal Control Key Leasing James Penberthy/B. .Harding PURPOSE . General Fund, page two June 24, 1985 AMOUNT 3rd Qtr. '85 Fire Contract City Hall/Public Works/Badger City electricity Engineering fees (incl projects) Plaques-Larson/Leonardo July '85 budget/booking fees Tile floor - City Garage Service for June May '85 Animal patrol Copy machine lease Refund Escrow - Harding Acres TOTAL 1,052.94 349.97 797.41 26,872.81 65.00 22,513.63 940.00 69.00 571. 44 223.30 18,436.97 296,012.52 / CHECK NO. 3518 3519 3520 3521 3522 3523 3524 3525 3526 3527 3528 3529 3530 3531 3532 3533 3534 3535 3536 3537 3538 3539 3540 3541 3542 3543 3544 3545 3546 3547 3548 3549 3550 3551 3552 3553 3554 3555 3556 3557 3558 3559 3560 3561 3562 3563 LIQU~UND - BILLS PAID SINCE JUNE 2~1985 TO WHOM PAID PURPOSE AMOUNT Johnson Bros. Intercontinental Package Twin City Wine Butch's Bar Supply Royal Crown Beverage Coca-Cola Bottling Mark VII Distributors Prior Wine Co Day-Distributing Ed Phillips & Sons Quali ty Wine Co Griggs, Cooper & Co Old Dutch Foods Service;Sales Corp Susan Culver Russ Marron Robert Nash Don Tharalson Stephen Thies John Josephson Bill Josephson Susan Latterner Steve Maeger Chris Meyer Stewart Peterson Dean Young State Treasurer Mtka State Bank Commissioner of Revenue State Treasuer AT&T NSP Village Sanitation Northwestern Bell Paustis & Sons Eagle Wine Co Twin City Wine BellBoy Corp Johnson Bros. Wholesale Quali ty Wine Co Prior Wine Co Ed Phillips & Sons Intercontinental Package Griggs, Cooper & Co LMCIT Minn. Mutual Life Wine purchase Wine Wine Misc Pop Pop Beer Wine Beer Wine/Liquor Wine/Liquor Liquor Misc Misc Salary " 852.48 183.87 544.05 137.12 99.22 420.25 4,549.80 107.91 2,097.16 272.93 2,336.56 1,639.30 55.96 44.40 75.63 429.70 113. 88 131. 25 127.88 166. 13 504.30 139.00 253.65 127.88 59.50 412.76 242.86 257.00 147.00 142. 11 21.66 280.84 83.00 162.05 157.62 89.33 44.99 1,205.55 376.46 1,575.99 396.59 966.54 596.95 1,824.19 230.51 35.29 " " " " " " " " " " June 23 payroll - FICA FWH SWH - PERA " "tl tf tt ft " "" Equip lease Service 5/10-6/11 Service for June Service 6/13-7/12 Wine Wine Wine Liquor Wi'n.eu~ Liquor Wine Wine/Liquor Wine Liquor Employee Health Ins. - July '85 Employee Life Ins. - July '85 continued, page 2... . f MEMORANDUM TO: FROM: DATE: RE: FILE NO. , . MAYOR Robert,Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMINISTRATOR Daniel J. Vogt CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MAYOR AND CITY COUNCIL BRAD NIELSEN 6 JUNE 1985 I.C.O. SIGN PERMIT 404 (General) Mr. Tom Wilharm, o_~er of the I.C.O. gas station located at 5680 Manitou Road, has requested a sign permit to erect a new wall sign on the east side of his building. Exhibit A shows the applicant's sketch of the proposed sig~. Accurate dimensions are shown circled. The proposed sign is an internally lit, canister-type sign, measuring 17' x 3' (51 square feet). Existing signage on the property is as follows: - freestanding I.C.O./price sign - 5' x 5' - 25 square feet - gas price sign and cigarette ad sign (dimensions not known) - billboard (dimensions not known) - various window signs (sizes not known) - cigarette ad portable sign - 3' x 4' - 12 square feet The property in question is the first to be processed under the new ZQning Ordinance. Based upon the requirements of Section 200.03, Subdi- vision 10, the property is allowed to have three signs totalling 112.5 square feet in area (the building silhouette is 1125 square feet in area- .10 x 1125 - 125 square feet). Twenty-five percent (28 square feet) of the allowable aianage ..y be used for advertisiua_ A Residential Community on Lake Minnetonka's South Shore ~v i . MEMORANDUM TO MAYOR AND CITY COUNCIL I.C.O SIGN PERMIT - 2 - 6 JUNE 1985 Page 2 In order to comply with the new sign provisions, the following must occur: new wall sign may be erected the existing freestanding (pylon) sign may remain additional sign on the building or in the window may remain the portable cigarette sign must be removed from the site the banners must be taken down It should be noted that the billboard is protected by State law. Also, labels and informational signs (warnings, et.) are not counted against the allowable signage. BJN: rd cc: Dan Vogt II ) /~ .~ t}- \ lei!"' ,J e' ~p >i~t /'f .;. JI> .1" (J ? . . . . , ,,.,.'- > ) c,.- N / "" p -'/ s I '" I'.e J D "" ;= R. !J NT .:>F I t ... I t9LRe?lPy I I $J..l>&-. ).2. F'I i \ \ \ \ I I " : '\ ... . '. \. J ()O D J 5 t' ~ ~ ~.. VV -'" ", :~u~ \~11~5N ( ~" ('. D -;; F- 1 E-~ 50 ) '::> I ....... '" '-- ,... 5L.. IH, \ ~ " /~ -<' .....,/':> s ~ , 1,1, -' ..J M <:) ~ ~ ~ ., .._~-~----~ f~€>Elvl l,;l ~T" _--- --- ---- ~ i 52 IN. _<; fll:> J? E h'.:.""" /:) feo ~ ~ \" ---- '" .~ ./ -J "^ < " ~ , -.J f\A 8fE/JD - M,Lk -SNN(! 1\5 C '\ ~ -- ------. ~----- )2 FT /OOtt3" -.--------.- '---...- '. S-J "I( .3" n ',: _./ ----..-._---- -- _..._,~---.- ---- " , I' '. ~ ~, 17 K..3 / --'---_.-..~ 5/6-N .s --. ::Tt!o L..ft)~o 9- P/?/OE S- r7 Y S" Fr. 5/~^I C I {,. .fI R E.IT E: S / t,.. ^I :l)C 4j rl uhibit A . .~'. t """"u~""'. .. '~'QM,""", . ".~1iU" ". I'Ia-tJ __ II> -.,..-- . .... ... . -'(.5D $ S I. ~-) $ . $ .3,-, 75 s - s - s ..31, 'd- Well Penni t # ~ o o Penni t pee Plan Check Pee State Surcharge Metro S.A.C. SUBTOTAL Sewer Permit # Water Pennit II s s s Pennit for: liew Cons~ction S~Z'" ~I',,,,';-r Be lIel or A~ s Pire Repair (For Office Use only) W lRNING ~ C~TY ()Ii' SHORE\~OOIl B,'or. digging ~llocaI utilili.. ~ -:LDING PJ;!U.:IT APPLICATION lELEPHONE . ELECTRIC. GAS El:. ,!r:~'-'tRFf') BY lA\AI 'P?8peny Cfwner: I.ame C~ !:~ Adi"::- ~i.;L~ ~~?J 7 TOTAL Date Paid '~7 s ;Gv :#- 5'~71 Date t/Z?/ gJ: , ,. Telephone Contractor: NaJ':le a;//A-4~b L;~ A~:lress 1t~/7 (j>v~v--J tt.--v~~::;'~ ?Jj4 J 'I--. , Telephone .. / / 1. Le{!1ll Description of Property incluiing Street Address if known: (ifJL~ q}G{,'30~7 Flot Plan: Attach plot plan of lot showing location of any proposed or existinG buildings on sarne with respect to boundary lines. Show on plan present or proposed location of water supply facilities and water and sewer supply piping. Plot plans are to be certified by a surveyor. Disposal of surface water must be Bho\~. Soil Bearinb Test may be re~uired at foundation level by a minim~ of two borings by a Professional Civil Engineer. J;ar.les &n1 Addresses of Su"o-Contractors or Installers of: 1. Construction ).b.~J . 1- ;~ 2. Sanitary Sewer Connection: 3. \:e11 and Water Supply System: Construction InfoIW.ation: 1. Estimated value of work for which permit is requested. 110t including value of lot. r ,;l.-SC>7? 2. 'l'7Pe of work to be done: (prame dwellin~. remodel, other.) ~1~ ;/V\.--L/Zi'~~ , 3'. Attach copy of working 4rawings for which construction permit is requested. 4. At t act. domestic. ..ater oupply specifications if im~~~" ...n. - ~ ~ 1iJ . .. u........~ r::=::::lJ>I'L.O~ " /G-t1J ~ ~ ' .- 'i7'~~. ~l-~"''';' ..' ,"R ~ ~. .. 0, ~. l~; ~" . ~( ......:............'....i....:...::.. ... ~ t...!!.........' ~...<_..... ~.........;~..~;... ~:' 'f~ ;;~ ~ ~i~' '.'- .J!',-, .- .- -'.. ~.. . ,- \" ; ~ <~:.~.. .;.," ... ~~~>-~-;-:.~-: ,it..;....:i....... '. IF-: ,;;. !'"'. f , tJ Revlalone ~~ ATTRACT. SIGN, INC. 8417 PENN AVENUE SOUTH MlNNEAPOUS~ MINNESarA 55423 PHONE: (812) 888-3047 MAN ClNCIIMI. w...1IHID DRMINQ -..rrID I'OfI 'fOUR -_&_-- A_I Date ... It COIMC1lON wmt " IIRO.IECT ...0 PL.AMED I'OfI 'IOU ......-........... ........ lIlI'TIUlC1a. ..... INC. rr _ HCn' 10 . IlIPRODUCm. COPIED OR ElO8ID MItION wmtoUT WRm'IN NIlfaSlOH OF IlMIW:'rA IlQH, INC. It . . ( L , l r ~. Yo U ~ I 5' b " -1 co'~ ;< IT' (T' 'J - :.. r.J <.. ~"'----""':"""-:":,:".. -r .; If, i~'W -,- If'; I ! \ 3' .3 J-IJ.)E -.------ .__.._~_. - tj Pr 1C (!; U ~ ~. ~ . j I z' -L .... g' -t ;V :1 fl-l 11 \ \1 . t r ,~~ I, Revlalone k~ ~~. ATTRACT~ SIGN, INC. 6417 PENN AVENUE sount M1NNEAPOUS, MINNESOTA 55423 PHONE: (812) 886-3047 =:.:t'~~~PRO.lECT-=~FOfI YOU Cuetomer Approval Date I'f AT1MCTA SlQN, /NC. IT . f<<71' 'R) . IW'ROOUCEO. COPIED OR ~ Nf'I I'MHIOH wrntoIIf WN1'1EN PI!RMSSIOH OF A1'11UlCTA SIClN. /NC. MEMORANDUM TO: FROM: DATE: RE: . . MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MAYOR AND CITY COUNCIL SUE NICCUM JULY 3, 1985 PUBLIC HEARING ON COUNCIL AGENDA - JULY 8 SIMPLE SUBDIVISION - LOT VARIANCE DARYL TRONES - 26220 WILD ROSE LANE Planner Nielsen recommends that the above hearing be opened and then continued until your meeting of July 22, the reason being that no quorum was present at the July 2 Planning Commission meeting. A Residential Community on Lake Minnetonka's South Shore 6cv >,4 NOTICE IS HEREBY GIVENthattheC a Public Rearing in the CouncilOhambers Club Road, Shorewood, Minnesota, thereafter as possible. The purpose Darryl Trones for a simple subdivision and lot area variance for at 26220 Wild Rose Lane, said property described as: "Lots 2 and 3, Block 1, Birchbluff Woods" P.I.D. #32-117-23-12-0013 Note: The Planning Conunission will also review the request at its regular meeting at 7:30 p.m. on 2 July 1985. All interested parties are encouraged to attend both meetings. Oral and written conunents will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published 17 June 1985. " . . CITY OF SHOREWOOD MAYOR Robert Rascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne ADMIN ISTRA TOR Daniel J. Vogt 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 26 JUNE 1985 RE: TRONES, DARYL - SIMPLE SUBDIVISION AND LOT AREA VARIANCE FILE NO. 405 (85.21) BACKGROUND Mr. Daryl Trones has requested a lot line rearrangement on behalf of William Carrothers for the property located at 26220 Wild Rose Lane (see Site Location map-Exhibit A, attached). Exhibit B shows the existing lot line, which is approximately six feet from the Carrothers' house, and the proposed new lot line, which angles away from the home. As mentioned in a letter from the applicant, dated 10 May 1985 (see Exhibit C, attached), the City Council approved the same request by Mr. Carrothers in 1979 (see Exhibit D, attached). Since the division was never recorded, it is being processed as a new request at this time. The existing lots are already somewhat smaller than the 40,000 square feet required by the R-1A zoning district in which the property is located. Since the division further reduces the size of Lot 3, an area variance is also being requested. ANALYSIS/RECOMMENDATION Despite the reduction in lot area for Lot 3, there are factors which suggest that the variance may be acceptable. First, the variance would not result in the creation of a new lot. The reduction in area for Lot 3 is offset by the increase in size to Lot 2. A Residential Community on Lake Minnetonka's South Shore ~ PLANNER'S RECOMMEND~ON TRONES, DARYL SIMPLE SUBDIVISION AND LOT AREA VARIANCE 26 JUNE 1985 page two . Secondly, the Carrothers' existing home is closer to the side lot line than 10 feet. While the structure will still not conform fully to the setback requirements of the R-1A zoning district due to its proximity to the street (the house is 20 feet from the r.o.w. - 50 feet is required), moving the lot line will reduce its nonconformity. Upon inspection of the property, it appears that the proposed lot line lends itself to the topography, landscaping and existing vegetation better than the existing lot line. It also provides a greater degree of privacy for the Carrothers' rear yard which already diminishes to 50 feet in width at the back of the lot. Although gerrymandered lot lines are typically discouraged, Lot 3 remains quite buildable, dispite the reduced size. Required setbacks for the R-1A district are shown on Exhibit B. Based on the preceding, it is suggested that the resubdivision and lot area variance be considered favorably. The approval should be subject to legal combination of the 5000 foot triangle with Lot 2. In this regard, the appli- cant must submit new legal descriptions for the two lots. Since the division does not result in creating a new lot, no park dedication fee is required. cc: Dan Vogt Glenn Froberg Sue Niccum Daryl Trones William Carrothers '1 ; ,~ . . . '. .~ . . ~- 1/ I .. -- f) ~ ~DGE ~ :IR. . . - 1 '--0 0:: . I EASTGATE _CIR I = N Z LAJ 0:: I 0 -----:::1 . . - . -- - - I 'i I ~~ II' I II I ...&: II III I II I A~ ,t I I I I , I ~ I I I I I I. I I..... .p .1 I I I ,I I, I~ L-=--' ....... ~ : I I I I I I ~l,.oo"""'~""'" I ,II: IJ~I ~I II I II Q.OL. ~ I I t I iJ.- : II ,~__L-!-~""""'" I I I _1- - i I ; II I~"""--; 1::1': I : I -1- : : J.. I I I. -- ~ I : I _1_" I _1_...;.....-' I ~~ \.11: __~~~ : I __1- -~ t;;11 ~"~.;:::::. -:.-""- I c,~.T'.......- _ I ~; I J. - , ~....- r ____ I ~ .--r I JII, -.' I I : ~.-:;::::::.;.....-' V'" d ~ .... .... .... : : ~ -: - ~... ~~~ ~ ::::::. -If a:: ~ ,,~ ~: II: ~'b l;;""- 011 I . ' I I o1.1~ ~ -:- ~~).~~,r frlll _ _ :-:':-:. :- t- II I (/) u . Noft k. BIRCH I I ::lm :-~ j 17r~~ I~ ~ WOOD CIR. tlot\ \ <7 VALLEY WOOD <t: ~ LAJ a:: :J LAJI . I LA. I .::::~(::::::~:::. . ~. v 3= .....-- UJ :> NE~SINE 1 \ I SUNNY VALE LA. 3= o Ci UJ ~ ~ .:.:::::. ~'~:i r ----------- -."' . ROSE \ L~. I I I , I '-- I II :~ I I I- I , I I I I I I I I I I I I ___ ~ ~ // !.' I I I I r- I t- Z <t en ~.-~ I ~ : "" ~ I _ \. '4.- !-~\~ :?~ Exhibit A SITE LOCATION Trones-simple subdivision and lot area variance I I I -- \ . . ~ '- ." .> " a " ~ Q ~ ~ Q ~ / / ~/ 'j~ I.U i ~ ~ o lb at ~ \1\'4\ 7.- a~ ~~ ~d) > \U ..J lU ~ () e '3 . Exhibit BDIVISION PROPOSED ~ ~ - . . . ~~ -- """,fV~ ~ ~""'I~ DESIGN GROUP Architects, Builders, Developers :1 /lA4 \ 1t1"~ If) fi if 1..'", Planning Dept. City of Shorewood 5755 Country Club Rd. Shorewood 55331 Dear Sirs: Concerning enclosed survey, Lots2 & 3 Birchbluffs woods, originally platted to contain 40,000 sq. ft. per lot but was reduced to 33,947.5 sq. ft. and 38,400 sq. ft. respectively due to new road easement for Wild Rose Lane a few years back. Owner of both lots, Bill Carrothers-26220 Wild Rose Lane, purposed this new division of his property (indicated by the dark angled line over Lot 3) 7 or 8 years ago and went through the mechanics involved but failed to record the division as just recently dis- covered. We would now wish to purpose the same division with explanation to follow. History: 1. Lots 2 & 3 are currently platted parcels w~th seperate prD numbers. 2. Lot 2 is 33,947.5 sq. ft. 3. Lot 3 is 38,400 sq. ft. 4. Reason for the purposed angled lot division is topography (topography survey enclosed) 5. A natural ridge follows the purposed angled lot division line and was fenced with split-rail fencing years ago ana has been landsc.aped up to on the Lot 2 side. Exhibit C APPLICANT'S REQUEST LETTER (c - \ ) - . ~"'- """;fVL Purposal: . ~ ~ I':"~I~ DESIGN GROUP Architects, Builders, Developers 1. To d.L vide lot 3 as survey purposes. Lot 2 sq. footage would be 38,747.5 3. Lot 3 sq. footage would be 33,360 As natural topography indicates a division and these Lots have had less than 40,000 sq. ft. each since the Wild Rose Lane Rd. easement condition., We are intending to build a residence on Lot 3 with respect to all the setback require- ments due the City of Shorewood in context of the purposed division. Thank You ~,_ 'i__~....:::::;;;;;~- Darryl Trones ( G-l ) . . . COUNCIL MINUTES - 2 - April 23, 1979 APPROVAL OF SPECS Moved by Haugen, seconded by Keeler, to approve the specitications and adver- tise tor bids tor construction tor opening - May 15, 1979. On roll call vote, the vote was unanimous, (5-0). Council requested the Attorney to research the possibility ot placing covenants on property to be dedicated tor park purposes. ENGINEER'S REPORT" Engineer Norton turther reviewed the provIsIons and procedures ot tinancing utility improvements tor new developments on request ot the developer through the sale ot municipal bonds - with all costs being assessed against the prop- erty owners. Attorney agreed to outline and review the procedures and pre- pare the necessary resolutions tor consideration; outlining the policy. (Mayor Frazier lett on account ot illness - 9:15 P.M.) Councilwoman Haugen, took over the meeting as acting mayor. FENCING ORDINANCE The dratt ot the tencing ordinance was reviewed again. Moved by Shaw, seconded by Keeler, to table action on the tencing ordinance until the next regular council meeting. Motion carried unanimously. (4-0) TRUTH Atter moved ing. in HOUSING ORDINANCE much discussion on the proposed "Truth in Housing" ordinance, it was by Shaw, seconded by Keeler, to table the ordinance until next meet- Motion carried unanimously. (4-0). FREEMAN PROPERTY Council received the Attorney's report on negotiations with Stephen Freeman on the 52 acre site ott ot Eureka Road tor Park Property. Attorney agreed to continue and report back. -+- MATTER FROM THE FLOOR Neighbors in the area ot 5980 Seamans Drive, which new house is under construc- tion, presented a petition, dated 4/23/79, to the Council registering various complaints on the condition ot the property. Council agreed to work with the statt to correct the situation. PROPERTY DIVISIONS - Wm. Carrothers Division - 26620 Wild Rose Lane (Plat 34845-2000 34875 - 2000) RESOLTUI0N NO. 31-79 Moved by Naegele, seconded by Shaw, to approve the division/combination ot the 2 parcels, described as Lot 2 and Lot 3, Birch Blutt Woods, presently owned by Carrothers; to detach a triangular piece ot property trom Lot 3 and add to Lot 2, leaving approximately 35,000 square teet with Lot 3. Motion carried unanimously. (4 - 0) DONALD RIPPEL DIVISION - RLS RESOLUTION NO. 32-79 28190 Woodside Road - Plat 35415 Parcel 0385 - (RLS 8, Tract A, B, & part ot C) Moved by Shaw, seconded by Keeler, to approve the ot the property owned by Donald Rippel, Tracts A land survey #8, as recommended by the Planning C, Motion carried by a unanimous vote (4 - 0). 3 lot division tor replatting Exhibit D COUNCIL MINUTES-1979 REQUEST I..t JI\IIIlber * flame 1"" lleftd ~ forI .:'.,.,...., 'BUI'l'O'l'AL ""'1' Pea1 ~# {,.a~.rhl'D'l1 ~# :J'(11'AL ... W.ll PenDi t # (] [] o o Pat. Paid _." Construction R.mod.l or AM . Pire Repair (For Office Use only) WARNING Before digging can local utilities lElEPHONE . ElEClRlC. G~S El:. ~r:~')I~!=1') QY l~\V'.l ??6peny t1'wner: l;ame..1<.-9ro2- +- . ~y t()eLSof0 X Ad~resG ~ \ lLQ_j?.L.~1:\..~..B r0+- ~ ~ SHORE\IOOD BUILDING ~m:'IT APPLICATIO~ Date~~ t.;- ft--u{L Telephone l[ 7 <f .:::9. b '4 q Contractor: ~arne S-z L E '>\ Ad.d.ress Telephone 1. Le~l Description of Property incluiing Street Address if known: -IJ _~~'S.f\,v" A~ - :s ~o{L~u:lC\O\:) ~ G?ML '. 4W- P~Jc ~. <0 ~ ry ~ Flot 'Plan: Attach plot plan of lot showing location of any proposed or existing buildings on same with respect to boundary lines. Show on plan present or pf'Oposed . location of water supply facilities and water and sewer supply piping. Plot plans are to be certified by a Burveyor. Disposal of surface water must be Bhol-m. Soil Bearing Test may be required at foundation level by a minimw:; of two borings by a Professional Civil Engineer. J~a.r.les and. AddresBes of Su'o-Contre.ctors or Installers of: 1.. Constnction 2. Sani tar)' Sewer Connect ion: 3. 1:ell and Water Supply System: ConstNction Information: ' 1. ~imated value of work for>lll1ch po.,.;t i. ...queete4. Dot illc1"diIll iral_ of lot. ft {"CO (00 .. . , 2. 'lJpe or work to be 40n.:(rrame 4wellins. reIDodel. oth.r.) :~ . \JI0D ool ). Attach oopy or "orkinl 4rawinp for which constZ"'lction penaitisnqu..tea. 4. .l~tact.4oales1.iC water auppl; specifications ifiIlProv.mentinclua......l1. ''K~ - .. . .. .... . ~ -~... I ! . \ o UI I I \ \ \ I I ! I T- .. ... - . '" . --- .~ ~~ r-~ ~1 ~ ~ '-'. ~ .~ \ .. ~ ~ T ~ ;.\ q- . \hI tI" Sit \ S~I \ l' till ... ._1. "tI.~ , L,' ~~I :,. ~ o ~ - (J) ~ ~ ,.. o~~____ t ,,~ ot-i ~i I.li: ?:~ I ... ~ .;Z: fI.5 ~ i! -~-_.~.. - ;. .,.; ,.......... ~ ------------- It') It') ,... .::;; q,J, -----. .-- ~\';' ,... --=:::- It') .:::=;/ -' ... , (.- J."O~' ~-- .;-;;:--~ .,--; j ... '" N ~ ...) ~ .\ ;- 'i'::\ \,-, I , ..' '< .,~ , I "I .. I -1---',1- - - )..' . \~ >. Go ~U> __v --- .\ ~ .... .. "". . ....:: .< ' 9 ...::;) , 'It . : . . ~ ! '1-'.. .' . .1.i4";' )i.: ~ x . - r- I I~: I" ~~ q; I .. ... ~ ~~ 'tI~.' 1.(1' .,'4/l' f ,l=! r ;.. _,' . - vI ~" ~. " ~ ". r. "..._ . ..,.. ,.".-"'''':--''' '., . ;~- ''V'p'' -,;)=-;: ~~ ~ ~ II ~",..~ ..j ...... ~ . ...~ f o c,-" @ ~ oJ -tJ ){ !> 'd (0 :; ? c:; 1 .~ ~ . % ..c,. 0 ~ ill 'i/: I .~ I I I i , ,.. ", - ----- --- ----- --- r ::t: o c. ~ I. , . .' \ . ig-a I TJ~ I -T 0 i it I i~ I 1= I "fa> I tl~1( ~ r.:"' .!:: f;6' ~ ~~.~ 1! '10 'i1 s 0' '" (') -::p 't 1.0 -:r ~~ " ~Sti ! .&.f" 'Z. l~ Jl t:P \ c- fir- ..s:. i ~ P 1> 7C t\ -SI "1) ~ ~ ~ .- ~ " f, ~ II ~ ~ .. J: l z; 1 0 ~ 0 ~. Q ..... ~ " <:r , Q, Fr -' . . . South lake Minnetonka Public Safety Department 143 OAK STREET EXCELSIOR, MINNESOTA 55331.3095 RICHARD A. YOUNG Chief (612) 474-3261 M EM 0 R AN DUM FROM: Dan Vogt Shorewood City Administrator Chief YO~ 07/01/85 ~ Solicitation Ordinance TO: DATE: RE: Attached please find a copy of the solicitation ordinance from the City of Excelsior. I am sure that it is much the same as other like ordinances throughout the metropolitan area. They require a permit fee of $15.00. They also have a nuisance ordinance that allows the posting of your property for "No Peddlers or Solicitors". I have also included the City of Tonka Bay ordinance which also provides for posting of property. The Police Department sees some good that could be accomplished through a permit system ordinance in the City of Shorewood. First and foremost, it would place solicitors names on file. However, there is really nothing that would prevent solicitors from soliciting. I do not believe you can prohibit any solicitors. The County already requires a permit and the names of solicitors are on file at Hennepin County. Currently this department when checking solicitor complaints, asks for their Hennepin County permit for identification purposes. If they do not have one, they must stop soliciting immediately until they obtain one. With a permit requirement in the City of Shorewood, we would be able to identify solicitors much more rapidly. It would allow us and the City staff to respond to citizen questions much faster. I think the City Attorney would agree that there is no constitutional way to deny a permit to anyone requesting one and who meets reasonable requirements. I just don't want anyone to be of the opinion that an ordinance will allow the City to deny permits to groups it deems undesirable. If you have any further questions, please contact me. Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay ~c./ . . ~\T't Section 455:00 OF EXCE.LS \\.)f<> Section 455 - Hawkers, Peddlers, Transient Merchants,Canvassers Section 455:00. In General. No person shall engage in the activities of a hawker or peddler, transient merchant or can- vasser ~ithout first having obtained a permit therefor, pursuant to this ordinance and without first having obtained a license pursuant to Minnesota Statutes, Chapter 329. Section 455:05. Definitions. Subd. 1. "Person" is defined as an individual or cor- poration or other business entity, whether principal or agent. Subd. 2. "Hawker or Peddler" is defined as a person who goes from door to door or place to place to sell merchan- dise or other property which is in the possession of such person, or personal service, and to deliver such merchan- dise or other personal property, or perform such services, contemporaneously with such sale thereof. Subd. 3. "Transient Merchant" is defined as a person: ': (a) who hires, leases, occupies or uses a building, structure, vacant lot or railroad car for the exhibition and sale of merchandise or other property or personal services; and .- (b) who is engaged in a temporary business in this State either traveling from place to place or in one locality selling merchandise or other pro- perty, or personal services. Subd.4. "Canvasser" is defined as a person: (a) who goes from door to door or place to place to sell merchandise or other personal property, real estate or any interest therein, or any property whatsoever, or personal services; and (b) who sells the same by soliciting, taking or attempting to take orders, or by entering into or attempting to enter into contracts, whereby possession or delivery of, or transfer of title to, any such property, or performance of any such personal services, is or must take place in the f~ture; and (c) whether or not samples are in the possession of such person, or whether or not partial or full payment is made when such order is taken or contract made. Sect~on li:>:>:lU Subd. 5 . "petitt" is 'def ined as a permi .ssued by this municipality under this ordinance allowing activities included in Section 455:00 hereof. Section 455:10. Permit Registration. Subd. 1. Permit Registration shall be made with the Manager at least five days prior to the date when the acti- vity to be carried on is to commence. Persons registering must file with the Manager an accurate sworn registration statement in writing, on a form furnished by the Manager which shall give the following information: 1. Name and physical description of the applicant; 2. Complete home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; 3. A brief description of the nature of the busi- ness and the produ~t or services involved; 4. If employed, the name and address of the employer, together with cred,=ntial s therefrom, establ ishing the exact relationship; 5. The dates and hours of the day during which the activity will be carried on; 6. The source of supply of any goods or property proposed to be sold or orders taken for the sale thereof, where such goods or products are located at the time said registration is filed and the proposed method of delivery; 7. Two copies of a recent photograph of the registrant, which picture shall be approximately 2-1/2" x 2-1/2", shmving the head and shoulders of the applicant in a clear and distinguishable manner; 8. A statement as to whether or not the registrant has been convicted of any crime, misdemeanor or any violation of municipal ordinance other than traffic violations, the nature of the offense and the pun- ishment or penalty assessed therefor; 9. The last cities or villages, not to exceed five, where the applicant carried on business, immediately preceding the date of the application and the address from which such business was conducted in those municipalities. . . Section 455:15 Subd. 2. The permit application shall be filed together with evidence of a license under Minnesota Statutes, Chapter 329, and at or before the time of filing, a fee in the amount duly established by the Council from time to time shall be paid to the Clerk, which fee shall not b~ reduced. Subd. 3. If as a result of his investigation the applicant is found to be of good character a permit shall be issued by the Clerk upon compliance with Section 455:10, Subd. 1 ana 2. Section 455:15. Duration - Terms. Subd. 1. A permit issued hereunder shall have a duration of six months from the date of issuance; such permit shall specify the commencement and expiration dates. Subd. 2. A permit shall be issued to only one individual, or, if issued to a corporation or other business entity, shall apply to only one individual who shall be named in said permit together with such corporation or other business entity. A corporation or other business entity may apply for more than one permit. Subd. 3. A permit or certified copy thereof shall be kept in the possession of the individual to whom it applies or to whom issued at all times during which activities there- under are conducted. S~bd. 4. Activities shall be conducted under a permit only during reasonable hours of the day. The time stated in the application, or reasonable times of the day, shall be specified in the permit. Subd. 4. The perwit or a certified copy thereof, shall be displayed upon request of any person solicited for a sale or any employee of this m~nicipality. No reference to the permit in any solicitation shall state or imply endorsement of the mercha~dise, other property or ser- vices offered by this municipality because of its issuance. Section 455:20. Exemptions. Subd. 1. This ordinance shall not apply to the following: (a) Newsboys. (b) Farm and garden product vendors. (c) Charitable, political or religious vendors or solicitors, unless done primarily for the profit of the individual, corporation or other business entity so engaged in such activity. . . Section 455:25 (d) Milkmen, icemen, bakermen or other vendors of perishable food products who have regular routes within the corporate limits of 'this municipality. (e) Persons having licenses or permits under other applicable ordinances of this municipality or under State laws or regulations. Subd. 2. The exemptions hereinabove shall not relieve any person from compliance with State laws and regula- tions or other applicable ordinances Section 455:25. Proof of Registration. Upon receipt of a complete registration, the Manager shall transmit the same to the Chief of Police for informational purposes. Within five days after such registration, the Manager shall provide the registrant with a written certificate showing proof of registration with him. Such proof of registration shall have one copy of the registrant's photograph attached to it, and shall be exhibited by the regis- trant upon request of any policy officer of the City at any time and at the request of any person in the City of Excelsior who is being contacted by the registrant in pursuance of the regis- trant'~ registered activity. Section 455:30. Registration Nontransferable. No registration shall be transferable from one individual to another. Each individual shall be separately registered where more than one individual is involved in the same type of activity even though associated with the same organization. '" sec.n 1120'- ::>~\";L~on J.L~U:UU C \ '\'t iiJF ~)( c..E LS\ a e. Itinerant Sales. Section 1120:00. Nuisances Affecting Right of Privacy. The practice of going in and upon private resiqences in this mu- nicipality by solicitors, peddlers, hawkers, itinerant merchants and transient vendors for the purpose of soliciting orders for the sale of goods, wares, merchandise, or services of any kind, or for the purpose of peddling the same, upon private residences whose owners of occupants have placed upon or near the usual entrance thereto a sign bearing the notice "Peddlers and Solicitors Pro- hibited," or upon private residences whose owners or occupants have not requested or invited them to do so, is ,hereby declared to be a nuisance. Section 1120:05. Nuisances Prohibited. Any person who shall commit, cause, or create a nuisance as herein defined shall be~ guilty of a penal offense. Section 1120:10. Damage or Defacing of Signs. Any person, other than the person occupying such premises, who shall remove, injure, damage, or deface the placard or sign referred to above in this ordinance, 'shall be guilty of a penal offense. Section 1120:15. Applicability. This ordinance shall not apply to persons duly licensed or specifically exempted from licensing under the constitution and laws of the State of Minnesota or the ordinances of this municipality, at such times as such persons are conducting only the activity described in such laws and ordinances; it shall not apply to persons making an initiatory uninvited call upon householders of this municipality as a 'preliminary to the subsequent establishment of a regular route service for the sale and delivery to customers of the daily necessities of life which are perishable or subject to spoiling within a reasonably short time; and it shall not apply to charitable organizations, and rep- resentatives thereof duly registered under Laws of Minnesota, 1961, Chapter 309, M.S.A. Sections 309.50 to 309.61, or those specifically exempted from registration under the provisions thereof. . . CI. OF \Ot-JK-~~A-Y time and place of the hearing and shall state the nature of the charges against the licensee. Council may without advance notice suspend any license pending a hearing on revocation for a period not to exceed thirty days. 410.17 Penalties Any violation of any provisions of this ordinance or any section thereof shall be a misdemeanor. The penalty for a misdemeanor conviction may be imposed in addition to revocation and suspension of a license. The licensee under this ordinance, whether or not he is in direct control of a machine described in S410.10 of this code, or of the premises upon which said machine is located, may be charged under this ordinance for any violation thereof, by virtue of his responsibility as a licensee hereunder, and by virtue of his indirect control of said machine and prem1ses, resulting from his being the licensee. SECTION 420 PEDDLERS, CANVASSERS AND SOLICITORS 420.01 Definitions subd. 1 Peddler or Solicitor. A peddler or solicitor is a person without a fixed place of business location or residence in the City of Tonka Bay who , travels from house to house or from door to door to offer for sale or sell or peddle, any goods, wares, books, newspapers, magazines, merchandise, - 17 - . . . insurance. course of instruction. or any other product or service,or to take orders therefor. Peddlers and Solicitors also include any person who sells or offers for sale any goods. wares. or other articles or services of value at any place within the city other than upon land which is owned or leased by such person or at a store kept by said person or at a stand at one of the public markets. Persons who may sell or peddle the products of a farm or garden occupied by him or her are specifically excluded from this subdivision. subd. 2 Canvasser. A canvasser is a person who travels from house to house or from door to door to elicit information. conduct polls. provide information. or attempt to influence a persorrs decision. subd. 3 Person. The term "person" shall include individuals. firms and corporations. 420.02 Posting subd. 1 Any resident of the City of Tonka Bay who wishes to exclude peddlers. solicitors. or canvassers, including any person who sells or offers for sale products of a farm. from premises occupied by him may place on or near the usual entrance to such premises a printed placard or sign bearing the following notice: "Peddlers and canvassers prohibited". Such placard shall be no larger than 10 inches wide by 4 inches high and the printing there- on shall not be smaller than ~ inch. subd. 2 It shall be unlawful for any peddler. canvasser or solicitor including any person who sells or offers for sale products of a farm. within the corporate limits of the City of Tonka Bay. to enter in or upon any premises where such placard or sign is placed and maintained. - 18 - .. . . subd. 3 It shall be unlawful for any person other than the person occupying such premises to remove, injure or deface said placard or sign. ;<20003. / / Activities prohibited No peddler or solicitor shall sell or offer for sale any goods. wares, services, or other articles of value upon or along the streets or other public place within the City of Tonka Bay. Nuisance No person shall conduct his business so as to annoy other persons or to become a nuisance or so as to obstruct travel upon any street, alley or public place within the City of Tonka Bay. No person shall call attention to his merchandise by crying out, by blowing a horn, by ringing a bell, or by any other loud or unusual noise. 420.05 Penalty Any person violating any provision of Section 420 shall be guilty of a misdemeanor. SECTION 430 CIGARETTE SALES 430.01 License Required - 19 - ~.. " I . . - PROPOSED RESOLUTION RE; MUNICIPAL WATER POLICY 1st Draft RESOLUTION NO. WHEREAS, on September 10, 1984, the City Council adopted Resolution No. 60-84 concerning a policy for dealing with municipal water service in the City of Shorewood; and WHEREAS, such resolution conditioned the providing of water by the City upon several factors, including a demand for municipal water by the citizens and an economical basis for the provision of such service; and WHEREAS, the southeast portion of the City of Shorewood, consisting of an area bounded by Vine Hill Road on the east, Christmas Lake/Christmas Lake Point on the west, State Trunk Highway No. 7 on the north, and the City limits on the south, is currently underdevelopment and includes such projects as Trivesco/Waterford, Covington Vine Ridge, Near Mountain, Silver Ridge and the Johnson Lots; and WHEREAS, such projects have made demand upon the City of Shorewood for municipal water service and have also made application to the City of Minnetonka for water service; and WHEREAS, the City of Minnetonka has indicated it is in a position to provide such water service to those areas currently under development in the City of Shorewood providing such areas become detached from the City of Shorewood and become annexed to the City of Minnetonka; and WHEREAS, the Minnesota legislature in 1985 amended the detachment and annexation statute, M.S. 414.061, to permit property owners to initiate such detachment and annexation proceedings; and WHEREAS, the City Council believes that it is in the best interests of the City of Shorewood to retain the southeast portion of the City which is presently under development within the corporate limits of the City of Shorewood; and WHEREAS, the City Council believes that based upon the Feasibility Report for the Southeast Area Trunk Water Facility, dated August 13, 1984, prepared by the City Engineer, the City of Shorewood can provide a municipal water service to the southeast area on an economical basis by means of a Trunk Water Supply and Storage Facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: , 1. That Staff be and hereby is authorized to work on all necessary procedures incidental to the installation and construction of a Municipal Trunk Water Supply and Storage Facility to provide water to the southeast portion of the City of Shorewood, consisting of an area bounded by Vine Hill Road on the east, Christmas Lake/Christmas Lake Point on the west, State Trunk Highway No. 7 on the north, and the City limits on the south. 2. That negotiations be commenced immediately with the City of Minnetonka to reach an agreement whereby the City of Minnetonka will temporarily furnish water to the City of Shorewood on a contractual basis for a period to be limited to such time as is reasonably required for the City of Shorewood to complete the installation and construction of said Municipal Trunk Water Supply and Storage Facility, which period shall in no event exceed four years, and which shall terminate automatically upon reaching a total of 90 residential connections. BE IT FURTHER RESOLVED, that this action is being taken by the City Council as a result of certain conditions which it perceives to exist in the southeast portion of the City within the boundaries described above, and the policy set forth herein'is not to be construed to include or apply to portions of the City not included within such boundaries. Dated this ____ day of , 1985. RESOLUTION NO 48-85 , WHEREAS, on September 10, 1984, the City Council adopted Resolution No. 60-84 concerning a policy for dealing with municipal water service in the City of Shorewoodi and WHEREAS, such resolution conditioned the providing of water by the City upon several factors, including a demand for municipal water by the citizens and an economical basis for the provision of such service; and WHEREAS, the southeast portion of the City of Shorewood, consisting of an area bounded by Vine Hill Road on the east, Christmas Lake/Christmas Lake Point on the west, State Trunk Highway No. 7 on the north, and the City limits on the south, is currently under development and includes such projects as Trivesco/Waterford, Covington Vine Ridge, Near Mountain, Silver Ridge and the Johnson Lots; and WHEREAS, such projects have made demand upon the City of Shorewood for municipal water service and have also made application to the City of Minnetonka for water service; and WHEREAS, the City of Minnetonka has indicated it is in a position to provide such water service to those areas currently under development in the City of Shorewood providing such areas become detached from the City of Shorewood and become annexed to the City of Minnetonka; and WHEREAS, the Minnesota legislature in 1985 amended the detachment and annexation statute, M.S. 414.061, to permit property owners to initiate such detachment and annexation proceedings; and WHEREAS, the City Council believes that it is in the best interests of the City of Shorewood to retain the southeast portion of the City which is presently under development within the corporate limits of the City of Shorewood; and WHEREAS, the City Council believes that based upon the Feasibility Report for the Southeast Area Trunk Water Facility, dated August 13, 1984, prepared by the City Engineer, the City of Shorewood can provide a municipal water service to the southeast area on an economical basis by means of a Trunk Water Supply and Storage Facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood: 1. That Staff be and hereby is authorized to work on all necessary procedures incidental to the installation and construction of a Municipal Trunk Water Supply and Storage Facility to provide water to the southeast portion of the City of Shorewood, consisting of an area bounded by Vine Hill Road on the east, Christmas Lake/Christmas Lake Point on the west, State Trunk Highway No. 7 on the north, and the City limits on the south. 2. That negotiations be commenced immediately with the City of Minnetonka to reach an agreement whereby the City of Minnetonka will temporarily furnish water to the City of Shorewood on a contractual basis for a period to be limited to such time as is reasonably required for the City of Shorewood to complete the installation and construction of said Municipal Trunk Water Supply and Storage Facility, which period shall in no event exceed four years, and which shall terminate automatically upon reaching a total of 90 residential connections. BE IT FURTHER RESOLVED, that this action is being taken by the City Council as a result of certain conditions which it perceives to exist in the southeast portion of the City within the boundaries described above, and the policy set forth herein is not to be construed to include or apply to portions of the City not included within such boundaries. Dated this 6th day of July , 1985.