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1984 Ord . ORDINANCE NO. 155 AN ORDINANCE AMENDING ORDIN&~CE NO. 100, BEING AN ORDINANCE REGULATING THE USE OF ANIMAL TRAPS IN THE CrfY OF SHOREWOOD The City Council of the City of Shorewood ordains: Section 1. That the title of Ordinance No. 100 be amended as follows: "An Ordinance regulating hunting and the use of animal traps in the City of Shorewood and providing a penalty for violation thereof." Section 2. Ordinance No. 100, Section 2, is hereby amended by adding Subdivisions C. and D. as follows: "C. Hunt or Hunting. Means the pursuing, stalking, chasing, driving or tracking of birds or animals while in possession of a firearm or weapon." . "D. Firearm or Weapon. Means any gun, rifle, pistol, handgun, air-rifle, shotgun, airgun, BB gun, whether compressed air or spring-loaded, sling-shot, or bow and arrow." Section 3. Ordinance No. 100, Section 3, is amended to read as follows: "A. Trapping or hunting anywhere in the City of Shorewood is prohibited~" Section 4. This ordinance shall be in effect from and after its passage and publication. ADOPTED by the City Council this 9th day of January, 1984. Robert l:ascop, 1'.1a.yor ATTEST: -- /~ City Clerk e e e ,', ORDINANCE NO. /5(P AN ORDINANCE GRANTING MINNEGASCO, INC., A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF SHOREWOOD, MINNESOTA, FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. The City Council of the City of Shorewood does ordain as follows: SECTION 1. DEFINITIONS. The following terms shall mean: 1.1 COMPANY. Minnegasco, Inc., a Minnesota corporation, its successors and assigns. 1.2 GAS. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or. other forms of gas energy. 1.3 MUNICIPALITY, MUNICIPAL COUNCIL, MUNICIPAL CLERK. These terms mean, respectively, the City of Shorewood, the Council of the City of Shorewood, and the Clerk of the City of Shorewood. SECTION 2. GRANT OF FRANCHISE. There is hereby granted to the Company, for a perid of 25 years, the right to import, manufacture, trasport, distribute and sell gas energy for public and private use in. the Municipality, and for these purposes to construct, operate, repair and maintain in, on, over, under and across the streets, alleys, public ways and public grounds of the Municipality, all facilities and equipment used in connection therewith, and to do all things which, are necessary or cu.stomary in the accomplishment of these objectives, subject to the provisions of this franchise. '~':'!',.' . ~.~,: ','" 'j 2.1 ERFE.CTIVE,DATEj WRITTEN ACCEPTANCE. This Ftanchise shall 6~in force and effect from and~fter its 'p,assage and pub\l ication >~~ 't;-equired by law andi ts.acceptance J-n Y(ritin9. bYtTtl}e iC<?mB:~p;y fi led wi th the Municip,?ll Clerk. The Comf?'any s}:lall,~,;j"(4:it, ..aCa;.EH?~;s,t;his Franchise and the rights hereby granted, file a wJ:"itt.en acceptance with the Municipal Clerk wi thin!;; ~6 ad ay s;~ a.ft':er~' pbbl i ca tion~ " . ~- .." ~ ~.-..,.,?f\'~; . ""~1i;,;;~{~!)',;:':-:' 2.'2. NONEXC't.bs'IV~Fg~CHISE. This is not an exclusi ve: franchi s'lJ ;"""'.'l "':';;".,x,l., . e SECTION 3. CONDITIONS OF STREET USE. 3.1 USE OF STREETS. All utility facilities and equipment of the Company shall be located, constructed, installed and maintained as not to endanger or unnecessarily interfere with the usual and customary traffic and travel upon the streets, alleys, public ways, and public grounds of the Municipality. 3.2 RESTORATION OF STREETS. The Company shall, upon completion of any work requiring an opening, restore the street, alley, public way or public ground to the same condition as before the opening was made, insofar as reasonably possible. . 3.3 RELOCATION OF UTILITY FACILITIES. The Company shall relocate its facilities or equipment at its own expense whenever the Municipality in the proper exercise of its police power shall grade, regrade, change the line or otherwise improve any street, alley, public way or public ground or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, order the Company to permanently relocate its facilities or equipment located in said street, alley, public way or public ground. . The Municipality shall give the Company reasonable notice of plans requiring such relocation. 3.4 RELOCATION WHEN STREETS VACATED. The Municipality may not order the Company to relocate any of its facilities or equipment when a street, alley, public way or public ground is vacated unless the reasonable cost of such relocation and the loss and expense resulting from such relocation are first paid to the Company. SECTION 4. INDEMNIFICATION. The Compan~ shall indemnify and hold harmless the Municipality, its officers, employees and agents from all liability on account of injury to persons or damage to property caused by the Company's construction, maintenance, repair or operations in the Municipality, unless such injury or damage is the result of the negligence of the Municipality, its officers, employees or agents. SECTION 5. TERMINATION OF FRANCHISE. If the Company is in default in the performance of any material part of this Franchise for more than 90 days after receiving written notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and adopted, terminate all rights granted hereunder to the Company. The notice of default shall be in writing and specify the provision of this Franchise under which the default is claimed and state the e ~ .. e e tit bases therefor upon all material issues relative to such default. Such notice shall be served on the Company by personally delivering it to an officer thereof at its principal place of business. The reasonableness of any ordinance declaring a termination of the rights and privilege granted by this Franchise shall be subject to judicial review by a court of competent jurisdiction. SECTION 6. PUBLICATION EXPENSE. The expense of publication of this franchise ordinance shall be paid by the Company. SECTION 7. ORDINANCES REPEALED. All other ordinances or portions of ordinances inconsistent herewith are hereby repealed. SECTION 8. ASSIGNMENT. The Company, upon notice to the Municipality, shall have the right and authority to assign all rights conferred upon it by this Franchise ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this ordinance. SECTION 9. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the Municipality shall not affect the validity of this Franchise. Any governmental unit succeeding the Municipality shall, without the consent of the Company, automatically succeed to all of the rights and obligations of the Municipality provided in th~s Franchise. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD THI S ~15 rdLDAY OF ....::7/J/lIU: ;:JR.(/ , 1 98;t. Ro bert-Rascop;-Mayor- ------- ATTEST: .d~~~~~ City Clerk .~ ~ ~ - . e t ACCEPTANCE OF ORDINANCE WHEREAS, at a regular meeting of the City Council of the City of Shorewood, held on January 23, 1984, a franchise ordinance entitled ORDINANCE NO. 156 SHOREWOOD, HENNEPIN COUNTY was duly passed by the City Council; and WHEREAS, said franchise ordinance was duly approved by Robert Rascop, Mayor of the City of Shorewood, on January 23, 1984, and was duly published in "Lake Minnetonka Sun, South Shore Edition," the official newspaper of the City of Shorewood, on April 4, 1984; and WHEREAS, Section 2.1 of said franchise ordinance provides: "2.1. EFFECTIVE DATE; WRITTEN ACCEPTANCE. This Franchise shall be in force and effect from and after its passage and publication as required by law and its acceptance in writing by the Company filed with the Municipal Clerk. The Company shall, if it accepts this Franchise and the rights hereby granted, file a written acceptance with the Municipal Clerk within 60 days after publication." and WHEREAS, it is the purpose of this instrument to effect a due and sufficient acceptance of said franchise ordinance by Minnegasco, Inc. NOW, THEREFORE, Minnegasco, Inc., for itself, its successors and assigns, accepts said franchise ordinance upon the terms and conditions contained therein. Executed T- 5/'-< ?<./ ,-\ '~""-"7< INC. ~ ,// J..' JC;/( .... ~/ An re C. Olson, Vlce President- Operations and by ~vr'" N. C Jep en Secretary a . it - STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) On May 7, 1984, before me, a Notary Public within and for said county, personally appeared Andrew C. Olson and N. C. Jepsen, to me personally known, who being each by me duly sworn, did say that they are respectively the Vice President-Operations and Secretary of Minnegasco, Inc., the corporation named in the foregoing instrument, and that said instrument was signed in behalf of said corporation by authority of its Board of Directors; and said Andrew C. Olson and N. C. Jepsen acknowledged said instrument to be the free act and deed of said corporation. \../ . \, \'<'^~ fA' ~~~ Notary Public (Notarial Seal) The the above acceptance was duly filed w~th the City ~Shorewood in office of the Ci ty Clerk on /~L.L--'f.? ~ /9. . ~J~~~<-L-e'1r City C1er . . City of Shorewood, Minnesota .. 2 ..... .."" ~ e . . .~ ORDINANCE NO. /57 AN ORDINANCE AMENDING ORDINANCE NO. 74 REGULATING THE USE OF THE MUNICIPAL WATER SYSTEM, THE INSTALLATION, CONNECTION AND CONSTRUCTION OF HOUSE WATER LINES, AND SETTING A CHARGE FOR SAID WATER SERVICE BY PRIVATE USERS, AND PROVIDING PENALTIES FOR VIOLATION THEREOF IN THE CITY OF SHOREWOOD, COUNTY OF HENNEPIN, STATE OF MINNESOTA. The City Council of the City of Shorewood ordains: SECTION 1: That Ordinance No. 74, Article II, Section 1, is amended to read as follows: "Section 1: Service stubs have been installed to serve some homes and businesses presently located in the City of Shorewood. For those homes and businesses, the connections are ready for use by the existing structures in the City." SECTION 2: That Ordinance No. 74, Article III, Section 1, is amended to read as follows: "Section 1: A permit must be obtained to connect the water system. The fee for each permit shall be as set by Council resolution from time to time. All house service lines shall be inspected by the City Water Inspector before the same is covered to insure proper construction of the line and connection to the service stub. The owner or contractor shall notify the Water Inspector when the service pipe is ready for inspection. A water meter shall be obtained from the City at the time permit is applied for." SECTION 3: That Ordinance No. 74, Article VI, Section 1, as amended, is amended to read as follows: "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 as established by a resolution of the City Council of the City of Shorewood from time to time." SECTION 4: That Ordinance No. 74, Article XVIII, Section 2, is amended to read as follows: "Section 2: A charge for a water meter shall be paid to the City by customers for water meters in advance before delivery of the water meter for installation. Said charge shall be as established by the City Clerk from time to time." ,. 'It .' , . . . . , SECTION 5: That Ordinance Nos. 86 and 114 of the City of Shorewood are hereby repealed. SECTION 6: This Ordinance shall be effective from and after April 1, 1984. Adopted by the City Council this c5??fhday of February, 1984. Robert Rascop, Mayor ATTEST: -2- 4io. "\ . . , I / I ~ / ..' ,. ~ Ii" I_'.~_'I ORDINANCE NO. 158 AN ORDINANCE AMENDING ORDINANCE NO. 79 OF THE CITY OF SHOREWOOD BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING ORDERLY AND SYSTEMATIC PLANNING FOR SUBDIVISION OF LAND DEVELOPMENT IN THE CITY OF SHOREWOOD AND REPEALING ORDINANCE NOS. 89 AND 98 The City Council of the City of Shorewood ordains: SECTION 1: Section VII, Public Lands of Ordinance No. 79 of the City of Shorewood is hereby amended to read as follows: "Section VII. Public Lands. Because a new subdivision, as well as commercial land development, creates a need for parks and playgrounds as well as for streets, eight per cent of the total area of each new subdivision or its equivalent shall be dedicated for such use. Such area must be suitable for parks and playgrounds and shall conform to the City plan for parks and playgrounds within the City. In lieu of requiring dedication of an area for parks and playgrounds, the City, at its option, may require developer to pay into the City Park Fund, a sum of money equal to eight per cent of the value of the raw land contained in the proposed subdivision or commercial land development and the value of the raw land contained in the proposed subdivision or development shall be determined by the City Assessor, or as an alternative, it may require the subdivider to pay into the City Park Fund $500 for each lot, if the lot is a single-family lot, or $500 for each living unit authorized to be built on the plat, if the plat contains lots other than the single-family units, or $500 for each commercial sewer unit assigned to the property by the City, in accordance with the City's commercial sewer assessment and policy hook-up, if the development is a commercial land development." '1-' i'''', S'ECTION 2:S~cti~6n iof Ordinance Nos, 89 and 98 of the City,of ShorewoocLa.re .hereby repeal~,d. __ ,~,J;.~<:;'. ,',,~L .",'\, :;\ SECTION~;":5,:rhip; Q.F,Qinance shall take effect from and a,tter its passage of ,pu,plicati9n according to law. ''f'' , .~ ., ".. :"t::>::. -~(!;-:':'_.'. '~:"}'t;.; .:::~!:,'<,,~ :-t~ " I:: ADOP'l'ED BY:;:'THE''1f.;;'l'l';~,,~pq~Ci,JL OFTijE CIT,Y OF SHOREWOQP THIS 14th d"aybf May.. '4li~ 4..;,,:: '. '~;i;::",. :i:t", .~ . , . -;(~. ",,,, . ~,' " '. .'. - ,'. :. '. ""'" '.:.' ~,. li~ .".~:. lJ~",'(':' ATTEST: iJi:",Robert Rascop, Mayor ,,'ft SANDRA L. KENNELLY City Clerk . . . . . \ ' ORDINANCE NO. /59 AN ORDINANCE AMENDING ORDINANCE NO. 77. BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION, AREA, SIZE, USE AND HEIGHT OF BUILDING ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF SHOREWOOD, MINNESOTA. The City Council of the City of Shorewood, Minnesota, does ordain: Section 1. That Ordinance No. 77, Section 6, Subdivision 2.C.3., is hereby amended to include: "(e) To allow variances for the expansion of nonconforming single-family residential structures, subject to any conditions deemed reasonably necessary by the City Council." Section 2. That this Ordinance shall take affect from and after its passage and publication according to law. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, thiS~ay of /l},4t/ , 1984. Robert Rascop, Mayor ATTEST: ~~~~ CitY.Cler~... ../ . ..... ' ".~, ~ . . ORDINANCE NO. /G;C' AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD, BEING AN ORDINANCE FOR THE PURPOSE OF PROMOTING HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE BY REGULATING THE USE OF LAND, THE LOCATION, AREA, SIZE, AND USE AND HEIGHT OF BUILDING ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF SHOREWOOD, MINNESOTA. The City Council of the City of Shorewood does ordain: Section 1. Ordinance No. 77, Section 4, Subd. 6, Definitions, is hereby amended to include: "Lot - Base. A lot meeting all the lot specifications in the zoning district in which it is located prior to being subdivided into a two-family dwelling subdivision. Lot - Unit. A lot created from the subdivision of a two-family dwelling, having different minimum lot size requirements than the conventional base lots within the zoning district in which it is located." Section 2. Ordinance No. 77, Section 11, General Provisions, is hereby amended to include: "Subd. 9 Subdivision of Two-Family Lots. The subdivision of base lots containing two- family dwellings to permit individual private ownership of a single dwelling within such a structure is acceptable upon the approval by the City Council. Approval of a subdivision request is contingent on the following requirements; a. Prior to a two-family dwelling subdivision, the base lot must meet all the requirements of the zoning district. b. There shall be no more than one (1) principal structure on a base lot in all residential districts. The principal structure on unit lots created in a two-family subdivision will be the portion of the attached dwelling existing or constructed on the platted unit lots. c. Permitted accessory uses as defined by the zoning districts are acceptable provided they meet all the zoning requirements. d. A property maintenance agrement must be arranged by the applicant and sub- mitted to the City Attorney for his review and subject to approval. The agreement shall ensure the,maintenance and upkeep of the structure and the lots to meet minimum City standards. The agreement is to be filed with the Hennepin County Recorder's office as a deed restriction against the title of each unit lot. e. Separate public utility service shall be provided to each subdivided unit and shall be subject to the review and approval of the City Engineer. f. The subdivision and property maintenance agreemtn are to be processed and recorded in conformance with requirements of the Shorewood Subdivision Ordinance." 1J . . . . . Section 3. This Ordinance shall be effective from and after its passage and publication. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this ~tdy , 1984. c:l3rd day of Robert Rascop, Mayor ATTEST: S~.~n~ City Clerk b-;J. ,.w .. . . ORDINANCE NO. /0/ AN ORDINANCE AMENDING ORDINANCE NO.2, SECTION 8, BEING AN ORDINANCE LICENSING AND REGULATING THE SALE AND CONSUMPTION OF NON-INTOXICATING MALT LIQUORS AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The City Council of the City of Shorewood ordains: Section 1. Section 8 of Ordinance No.2 is hereby amended to read as follows: "Section 8. Hours of Operation. No sale of beer shall be made on any Sundays between the hours of 1 a.m. and 12 noon. No sale shall be made between the hours of 1 a.m. and 8 a.m. on any other day." Section 2. This Ordinance shall become effective upon its passage and publication according to law. PASSED THIS 15th DAY OF OCTOBER, 1984. Robert Rascop, Mayor ATTEST: Sandra Kennelly, Clerk