1985 Ord
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ORDINANCE NO. 162
AN ORDINANCE REGULATING THE MANUFACTURE, USE AND SALE OF
CONTROLLED SUBSTANCES IN THE CITY OF SHOREWOOD AND
PROVIDING A PENALTY FOR VIOLATION THEREOF
The City Council of the City of Shorewood ordains:
SECTION 1: General. The sale and possession of
controlled substances and glue shall be regulated as
hereinafter set forth.
SECTION 2: Definitions.
A. "Controlled substance" means a drug,
substance, or immediate precursor in Schedules I through V of
Minnesota Statutes Section 152.02. The term shall not include
distilled spirits, wine, malt beverages, intoxicating liquors
or tobacco.
B. "Deliver" means sell, offer for sale,
barter, exchange, administer, dispense, give away, distribute
or supply in any other manner. The term delivery as herein
defined shall include the attempt to do such acts as well as
the actual completed commission thereof.
C. "Patient" means
a. the individual for whom a controlled
substance is prescribed or to whom a
controlled substance is administered, or
b. the owner or the agent of the owner of
any animal for which a controlled substance
is prescribed or to which a controlled
substance is administered.
D. "Person" includes every individual,
corporation, partnership and association of one or more
individuals.
E. "Practitioner" means a person licensed by
law to prescribe and administer any of the controlled
substances as defined above.
F. "Pharmacist" means a person duly licensed
and registered with the Minnesota State Board of Pharmacy as a
registered pharmacist.
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G. "Prescription" means a written or oral order
by a practitioner to a pharmacist for a controlled substance
for a particular patient, which specifies the date of its
issue, the name and address of such practitioner, the name of
the patient (and, if such controlled substance is prescribed
for an animal, the species of such animal), the name and
quantity of the controlled substance prescribed, and in the
case of a written order, the signature of such practitioner.
An oral order by a practitioner for a controlled substance must
be promptly reduced to writing by the pharmacist.
H. "Manufacturer" means a person or persons
other than a pharmacist who prepares controlled substances in
dosage forms by mixing, compounding, encapsulating,
entableting, or other process.
I. "Wholesaler" means a person or persons
engaged in the business of distributing controlled substances
to persons included in any of the classes named in Section 4.
J. "Warehouseman" means a person or persons who
stores controlled substances, for others, and who has no
control over the disposition of such controlled substances
except for the purpose of such storage.
SECTION 3: Prohibited Acts.
A. Except as otherwise provided in this
section, or by state law it shall be unlawful for any person
to:
a. manufacture, sell, give away, barter
deliver, exchange or distribute; or possess
with intent to manufacture, sell, give
away, barter, deliver, exchange or
distribute, a controlled substance.
b. possess a controlled substance, except
when such possession is for one's own use
and is authorized by law.
B. It shall be unlawful for any person to
procure, attempt to procure, possess or have in his control a
controlled substance by any of the following means:
a. fraud, deceit, misrepresentation or
subterfuge;
b. Using a false name, or giving a false
address or false credit;
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c. concealing a material fact;
d. forging or altering a prescription.
e. making a false statement in any
prescription, order, report or record
relative to a controlled substance;
f. making, issuing or uttering any false
or forged prescription;
g. falsely assuming the title of, or
falsely representing any person to be, a
manufacturer, wholesaler, warehouseman,
pharmacist, physician, doctor of osteopathy
licensed to practice medicine, dentist,
podiatrist, veterinarian or other
authorized person for the purpose of
obtaining a controlled substance.
SECTION 4: Exceptions.
shall not apply to the following in
their trade, business or profession
exception shall not be a defense to
prohibited in Section 3 hereof:
Section 3 of this ordinance
the ordinary course of
provided; however, this
the doing of the acts
A. Practitioners;
B. Pharmacists;
C. Manufacturers;
D. Pharmacists as manufacturers;
E. Wholesalers;
F. Warehousemen;
G. Persons engaged in transporting such
controlled substances as agent or employee of a practitioner,
pharmacist, manufacturer, warehouseman, wholesaler, or common
carrier;
H. Any patient as herein defined with respect
to procuring, possession and use of a controlled substance in
accordance with terms of a prescription and prescribed
treatment;
I. Persons who procure, possess or use such
controlled substances for the purpose of lawful research,
teaching or testing, and not for sale;
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J. Lawfully licensed and registered hospitals
or bona fide institutions wherein sick or injured persons are
cared for and treated, or bona fide hospitals for the treatment
of animals.
SECTION 5: Inhaling, Breathing, Drinking of Certain
Substances Prohibited. No person shall intentionally inhale,
breathe or drink or be or become intoxicated by reason of
inhaling, breathing or drinking any substance commonly known as
glue, adhesive, cement, mucilage, dope, solvents, lacquer,
drugs, fingernail polish and lacquer, nail polish remover, or
thinners for the above named substances, or any substance
containing toluol, hexane, tricholorethylene, acetone,
tolunene, ethyl acetate, methyl ethel ketone, trichoroathane,
isopropanol, methyl isobutyl keton, methyl callosolve acetate,
cyclohexanone, or any other substance which contains ketone,
aldehydes, organic acetates, ether, chlorinated hydrocarbons,
or any other similar ingredient which releases toxic vapors for
the purpose of inducing symptoms of intoxication, elation,
excitement, confusion, dizziness, paralysis, irrational
behavior or in any manner change, distort or disturb the
balance, coordination or the audio, visual or mental
processes.
SECTION 6: Purchase, Sale or Possession Regulated.
No person shall, for the purpose of violating or aiding another
to violate any provision of this ordinance, intentionally
possess, buy, sell, transfer possession or receive possession
of any glue containing the intoxicating substances defined in
Section 6.
SECTION 7: Self-Service Display Prohibited. Retail
establishments selling glue containing the intoxicating
substances defined in Section 6 shall not sell such glue from a
self-service display.
SECTION 8: Confiscation and Disposition of
Prohibited Drugs. Any controlled substances or glue found in
the possession of any person convicted of a violation of this
ordinance shall be confiscated and shall be forfeited to the
Chief of Police who may make use of said items for police
purpose, keeping documentation of said use and eventually shall
make proper and timely disposition thereof by destroying them.
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SECTION 9: Penalty. Any person, firm or
corporation who violates this ordinance is guilty of a
misdemeanor and may be punishable by a fine or imprisonment or
both as provided for by statute.
SECTION 10: This ordinance shall be effective from
and after its passage of publication according to law.
PASSED THIS 28 DAY OF January, 1985, by the City Council of
the City of Shorewood.
Robert Rascop, Mayor
ATTEST:
Sandra Kennelly
Ci ty Clerk
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,1
ORDINANCE NO. 163
AN ORDINANCE IMPOSING SEASONAL WEIGHT RESTRICTIONS UPON
THE USE OF STREETS AND HIGHWAYS WITHIN THE CITY OF
SHOREWOOD, MINNESOTA, AND IMPOSING PENALTIES FOR VIOLATIONS
THEREOF
The City Council of the City of Shorewood does ordain:
SECTION 1: The purpose of this ordinance is to
preserve the condition of the public streets within the City of
Shorewood from serious damage and destruction by the excessive
use of the streets by trucks and other heavily laden vehicles, to
reduce the amount of loss and expense to the taxpayers of the
City for street maintenance, and to reduce the amount of dirt,
noise and other undesirable conditions created by such traffic.
SECTION 2: It shall be unlawful for any vehicle or
combination of vehicles during the period of March 1 to May 1 of
any year to operate upon the streets or highways within the City
with a gross weight of any single axle exceeding 8,000 pounds.
The Director of Public Works may prohibit the operation of
vehicles upon any public street or highway within the City, or
impose further restrictions as to the weight of vehicles to be
operated upon said streets or highways, whenever that street or
highway may be seriously damaged or destroyed by vehicular use,
including but not limited to deterioration, usage, rain, snow or
other climatic conditions.
SECTION 3: School buses are given special permission
to proceed with normal operation of their regularly established
routes and at all regularly established hours.
SECTION 4: Refuse haulers, heating trucks, and City
trucks may be exempted by special permit as follows:
a. The owner thereof shall first secure from the
Director of Public Works a certificate setting forth the route or
routes and the conditions under which such vehicle or combination
of vehicles may be operated, and such vehicle or combination of
vehicles shall thereafter be so operated in accordance with the
terms of such certificate.
b. The Director of Public Works is hereby
empowered and it is hereby made his duty to issue or deny, or
issue in modified form, such certificates upon application and to
prescribe therein the route or routes and the conditions for
operations under each such certificate, and in determining such
route or routes and such conditions, the Director of Public Works
shall permit maximum use of the particular highways and bridges
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consistent with the maximum capacity of such highways or bridges,
as determined with highway engineering practice.
c. The Director of Public Works shall have the
power to revoke or modify the terms of any existing Certificate
at any time in the event of operations in violation of any such
certificate or in the event of changed conditions requiring such
action. The original or a correct copy of the certificate under
which operations are being conducted shall be carried at all
times in the driver's cab or in any vehicle or combination of
vehicles while the same is being operated thereunder.
SECTION 5: Any person who shall violate any provision
of this Ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be punished as to fine by State Law.
SECTION 6: This Ordinance shall be in full force and
effect from and after its passage and publication according to
law.
Adopted by the City Council of the City of Shorewood this 11th
day of February , 1985.
CITY OF SHOREWOOD
Mayor
ATTEST:
Ci ty Clerk
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ORDINANCE NO. /t::,1
AN ORDINANCE AMENDING ORDINANCE NO. 140
BEING AN ORDINANCE REGULATING CONDUCT IN CITY PARKS AND
RECREATION AREAS PROHIBITING CERTAIN ACTIVITIES AND DESTRUCTION
OF INTERFERENCE WITH PARK PROPERTY AND DESCRIBING A PENALTY
THEREFOR
The City Council of the City of Shorewood does ordain:
SECTION 1: That "c" of Subdivision 5 of Section 2 of
Ordinance No. 140, being an ordinance regulating conduct in City
parks and recreation areas, prohibiting certain activities and
destruction of or interference with park property and describing
a penalty therefor, is hereby repealed.
SECTION 2: This Ordinance shall be in full force and
effect from and after its passage and publication according to
law.
Adopted by the City Council of the City of Shorewood this //~h
day 0 f M lue f2.. /-I , 1 985 .
CITY OF SHOREWOOD
Mayor
ATTEST:
Ci ty Clerk
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ORDINANCE NO. /05"
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, USE AND HEIGHT OF
BUILDINGSQN 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 16, Establishment of
Zoning Districts and P~ovisions for Official Zoning Map, is
hereby amended as follows:
"Official Zoning Map may be and hereby is amended
by including within the P.U.D., Planned Unit
Development District, property described as:
"WATERFORD"
Section 2. This Ordinance shall be effective from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this
day of /}) A c/ , 1985.
/3-tA
~~ff~.2
Ro ert Rascop, Mayor
.-/
ATTEST:
~~~
- Ci ty Clerk . c1'
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ORDINANCE NO. /~h
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, USE AND HEIGHT OF
BUILDINGS 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 16, Establishment of Zoning
Districts and Provisions for Official Zoning Map, is hereby amended
as follows:
"Official Zoning Map may be and hereby is amended
by including within the P.U.D. Planned Unit Develop-
ment District, property described as:
"SILVER RIDGE"
Section 2. This Ordinance shall be effective from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this ~~cA
day of //J /J yJ 1985.
~~~~~
Robert Rascop
STATE OF MINNESOTA
COUNlY OF HE.,~NEPIN
,
.mY~
AN ORDINANCE AMENDING ORDINANCE NO. 77
'. IN'fHE CITY' OF SaORlC.'fOOD. BElNG. AN ORDINANCE FOR
;'" THE PUlU'OSE Q,.PRQ~I:l~AL"!'Jf, SAFETY, ORDER,
TCOJm:~Nct,~E!UTYAmtGErfl!:RAL WELFAREsY
REG~TmG ~,V$E. OF LAND..Tfflt LOCA'l'lON. AREA,.SI~,
USE AND H:EIGH:T. 6lI'l3lm:J;)INGS ON t.Q1'S,'AND 'IHEDENsr.rf'OF
. PQPULA'l'IOJ>! INTI{~ CITY qrs,aOBEWOOn. Ji.fJN.NJ$Q:r~
1'he City COl!itc~.~ Cltiof .Sbot-~llOddOesordain~: ...'.. .
SectiOl>.I.~ NO;77.~l6, Eitablishment ;,f~DtatriCts ariI.i
P\'oviilion. ib':",Ol:tlclal ~~a~is~~e,aded ~f~: "
~OI'flcial Zomrig~p.m.AY.bi 811d het'ebyis.nded by illclu~Wi~the tl-
c:,~ioj"'tial'C91111B01I'Cial ~i.it~~~ti'ellcl1be4a.: .',7~~.'" ,
"~~.err~=:;.~~~,=:r~=:::
1IOUt~~r1y lUld.llouthe~.aIoagaaid.af~ to ~ffL't.. " ...
c"~'2..?rJijS'Qh:Ij~~~ ~~e fI'om' ,"I!#erit,~aQd
nnblic........; '. . . . .< .... .... " .... ,'.,' ... ."
w "'~l3Y1$ dW~U1(clt~1m:(.tr!'~$HOM:W~..tijs
2llllo day of May, .. \ .. . '. .
-
".',
1, the undersigned pu blisher or managing editor
)f the Wayzata Weeldy News and South Shore
V~ws, swear that said newspaper has its
lffice oi issue at 240 South Minnetonka Avenue, in
he City of Wayzata, in the County of Hennepin,
;tate of Minnesota, and is a third class free
Iistribution newspaper with a combined circu-
ation of 20,000.
I further state an oath that the printed Legal
fotice hereto attached as a part hereof was cut
rOm the columns of said newspaper, and was
,rinted there~ in the English language on. ce a
'. eek for L I:vee~, that it 'Nas m,st so
ublished on the lRT/.1 dayof d:itl/4:"'~ ,
~~, and thereafter each week to and in-
Luding the- .... day of _ , 1;) ,
nd that the following is a copy of the lower case
lphabet which is acknowledged to have been the
[ze' and kind of type used in the publication of
aid notice.
abcdefgl:tij~lmnopql"Stuvwxyz
1'>~Zf)7'.-e?
igne j..('
(Publishe or :Managing Editor)
~:~tribe~~ro~l~o ~f~o~e me this ) f?l~~
o\a1y ~J~4~'5~K:~'i/,r-
o1.mty of'
2\~&U<<>~ 1.; I(ENN. .
. .P,ueIiBWin'" papers.it . >.
-:~,~:" <': '1" ',,"''' .
ROBERT RASCOP, M~r
pity Cierk
.... ~. ,this 6th day of Match, 1986.
~_:?~_i~~on_~~pires
,~
~ (3 . -ze,.
BRIGITTE K. REU~~A
NOTARY fIUIUC . MlN
HENNEPIN COUr:.TJ:.,
My .........w..r....
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I, the undersigned pu blisher or managing editor
of the Wayzata Weekly News and South Shore
ews, swear that said newspaper has its
fissue at 240 South Minnetonka Avenue, in
City of Wayzata, in the County of Hennepin,
Aate of Minnesota, and is a third class free
distribution newspaper with a combined circu-
lation of 20,000.
I further state an oath that the printed Legal
Notice hereto attached as a part hereof was cut
from the columns of said newspaper, and was
printed therein in the English language once a
week for / week(~ that it was first so
published on the /.1-1- day of ;:;J7VLL.Lt '
19~, and thereafter each week to a d in-
cluding the day of ,19.. ,
and that the following is a copy of the lower case
alphabet which is acknowledged to have been the
size and kind of type used in the publication of
said notice.
~/bCde~jklmnOpqrstuVWJYZ
Signed t3~ I ~l:6'- .*!er-
L (Publishf'!r r Managing Editor)
\:..
Subscribed an. d. SWf;" to b~.e... me tbi4..... :ff,-t'L-....
day 0' ~"Ii"9.~., ,
Notary Publi.- /M~ ~~U1..Ll!.
\
County of
MY:c:>~E1!~si_ol1.~:x:P!r~~,
> ilA~A . GERALD M. FINE
...u' NO'rARYPUElUC-MINNESOTA'
\~ HENNEPIN COUNTY
MtCOlnmfl!lorl SlepII'M June28.19GO
(? Hlfter - ~ ( I ~"I t( ~
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11 "1? .
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14 W~~~lNC., JlllYl,.1985
._J.
';..'
.~gal Notices'
~
COY OF SHOREWOOD
CITY OF SHORE WOOD
OFFICIAL SUMMARY OF ORqINANCE NO. t~
,- ",-.",,;.
;v...;~,,~/,._,...~. .'
'..,-.\:
. to the follo""mg ,
a N o/lconforming ,
b. General buildi1'\€
c. Access,ory bulldi
d. Fences.
e. . Screening lItld '\a
t Perfonnance stan.
OOors, /lotse, ,tefl>si
. radiation, ami elect>
~ Off-stre~t p~
h. Building clltllitnic
i. Grading ~1iI~
j. E~seullial~.ervieN
.k.~$. ""
, iHome Occujlatillns
m. Developnlen~ 8101
On May 1985. the.Sborewood CilyCouncil adop~a.Ordinlltlc~No.l68,entitl~
Sh?rewoodZoningOr<linance. On June 24, 1985 the $horewOQdCity Co.unciJ
adopted this Official SUmmary of the OrdinMce.. ',. .' ....'
'Ot<tinanc\> Na, 168 i-s ~. interim Or<linanct! which~""'es,asacomprehensive
revision to OrdiJlance ,No. 77 as amended. It is the intent of the((it)i C!JUncilto
c",torcethisPrdin.anceforaperiodofsi.X months~ending fUrther sWd,yof severl!l.
,~iledprovisiOllSWithintheOrdinaftce..Attheend.OfSixmonthStheontinan~,
. ~II either be;odopte(ias written, ormndifu!dbaseduponconcluaion~9fstudies-
tibnducted ~y the Planning Co.mrnissionand City Council, With theadoptk>nof
1his Or<limince,Ol.'liinance No..17,as amended,isnereby rep....led, , . ,. .
tThepurpose of 9tdinancfO No. 1:68 is t? protect the public health,sal'ety and i'rlle Orclin$llcecbntalr
'~l!ral,~elfaftMttle ;;;'m-rqUnity and itspeoplethtOugh theestabUshM\!nt Qf . .... g>;~ntlhgva~s am.
llIUIiffiurn rl'g1l1~tinn'gn"emillgd~"~(}pmeRt an<l1:isc'\'lf \andw)tlrit,th~ Cily vf. ""lablm.tl.e~'fbto~umee
'" Shorewood, This ordinance shaUdivi~ the Cilyintl> various land use;:li$tricts enforce!ftt>Rt Of 'the .0r4
andestablishreg1ilations pert.liningto location, erection, conl!trUction,rllCO& iances. ~ahl$.t
structlon, al~ratiQns, and.Wleof structur~s and uaeoflanli These regulations are requirern~nts.
established to prorno~o.rderly development and.redevelopt!>enl; to 'Provide The Otdir!an~,ProYI'
. a~quate ligh~ air and convel.lience of acce,ss tOproperty; to preve~tcongestion it'I for thedesignatil.'tn i!f,'~..~
the public rightcof-way; to prevent Qvercrowdingofland andundueeoncentration ". yiolat;t<>n oftl\H)~
of structures by regulating land,buildings.yardsanddensily of population; tq Acomplete~pf.lJle
provide for compatibilily of differentland uses; to l'rovide for the administratiOn offices located lit M5l\ CO
Qftheordinance; to provide for amendments; to prescribe penalties for violation AnoPrE[)by tbt!clty
of such regulations and to defiJle powers and duties Of the Cily staff, th~ 'Board of 1985. ,
Adjustment and Appeals, the Planning Commission and th~ Cily C!JUncil in
relation tolheZoningO~ance. ,... ,', .... ...
The City is divilied into lalldus~ di'stricts, the boundaries of whiCh are shown 011 ATI'ES'l\
theZ9ni~ Map Wblished.as'Partofthis sl1mmary. Districts are.ld.,ntified on the SANI)RAt;.:fQl:n~
map in thel'illlOwing rnal1ner: .
R-lA, R-Hl;R-IC,R-1D
R-2A, R-2B, R-2C
R-3A, R-3B
R-C
C-I
C-2-
C-3
C-4
"'R
Pi1D 'I
S
Single::family Residential
Single an\1Two-family R~.idential
MtlltiPJe-fllIl1i1y ResidenUal
Resi<lenUallCommercial
Neighborhood ConvMience Commercial
Auto-orientfl(i Commilrclal
General Commercial'
,.j:::Qrnmetcial Service
Lat<eshOre Recreational
Planned Onit Dev~lopme~t
Shoreiaqd
Maximum bui!ding heights, minimumlot size requirements and minilntunYllrd
requirements I setbacks)fo~. f08Ch zonillg district are Summarized intheTabl.e ~
B\llian4~~~~~b1~.as~Oflhi.SU~.~.' ,'.,
Al1\~o~~rthfugsthe.~ce-sontains.proviSiOI1S and,regtllationsrewa~..
,....t~cQ; -ttA,,'
-r;; {./n,-..~
~
-1 z 1. Z I
Publi.h~d i'!the pa~
U the Rec
11 C( 0, ii-O
NESOTA
SNNEPIN
er or managing editor
W8 and South Shore
id newspaper has its
innetonkaAvenue, in
County of Hennepin,
sa third class free
h a combined circu-
Lat the printed Legal
l part hereof was cut
newspaper, and was
lish language once a
~ that it was first so
day of -:r:u.t...'t. '
lch week to a d in-
f ~ ,19- ,
opy of the lower case
:lgedto have been the
in the publication of
~ methJs~,
ifJn~1iu1
A. FINE
.. MINNESOTA
COUNTY
... June28. 19GO
....,
~'\v~
3.l./p
,14 W
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:ii~,;W:,}~i?jii.:j~~~i;',;."i:;,,;i:"c;i~~'- ;'~\:iii~1~WI',)~@::iil'~;:~"'"'";'''';';''' ..,
..~arNOtices
;;?1ti:idiiii \;;fi~Nijji{i,ii!,1%7ii,'\ir'I;';x;
;:!' ."~; 'i,
"'% /\{' ,(I,:~~.,,:
:;:~,t '~:'ti{~~;:!f':)x i":-i';I"~, '. ""~~' {"~-of; OJ;;; '-. ":iij:i~',
'14 ", .~,
(',f'), ",:r::
,ii",,_!,t..
"w;
'-%;" "p
'/':\"..2/;"'-' ::"i_ ;-....., \','
" : , CrrYOF SHOREwodD'
~,
11 C( O. f'O
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1zr.z.z.
ORDINANCE NO. 169
~ AN ORDINANCE GRP~NTING A FRP.NCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN A WATER SYSTEM IN THE CITY OF SHOREWOOD, SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISEi PROVIDING FOR
CITY REGULATION OF THE WATER SYSTEMi PROVIDING AN OPTION FOR
TAKE-OVER BY THE CITY OF SHOREWOODiAND PRESCRIBING PENALTIES
FOR THE VIOLATION OF ITS PROVISIONS.
The City Council of the City of Shorewooddoes hereby
ordain as follows:
SECTION 1. TITLE. This Ordinance shall be known and may be
cited as the Water Franchise Ordinance.
SECTION 2. DEFINITIONS. For the purpose of this Ordinance,
the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
words in the plural number include the singular number, and
words in the singular number include the plural number. The
word "shall" is always mandatory and not merely directive.
2.1 "City" is the City of Shorewood.
.
2.2 "Company" is the grantee of rights under this fran-
chise as follows, namely, Trivesco, a partnership consisting
of Steiner and Koppelman, Inc., Robert H. Mason Homes, Inc.,
and Highland Properties, Inc.
2.3 "Council" is the City Council of the City of ShorevlOod.
2.4 "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
2.5 "Trunk Water Supply and Storage Facilities" includes
well, pump and motor, pump house, water main and 50,000 gallon elevated
tank.
2.6 "Complete Water System" includes all pipes, accessories
and other fixtures, including the Trunk Water Supply and Storage
Facilities, necessary or proper for the maintenance and operation
of a water distribution system in the City.
SECTION 3. GRANT OF AUTHORITY. There is hereby granted by the
City to the Company the right and privilege to construct, erect,
operate, and maintain in, upon, along, across, above, over and
under the streets, alleys, public ways and public places now
laid out or dedicated and all extensions thereof and additions
thereto a complete water system in the City of Shorewood. This
franchise and grant of authority is given in respect to the
following described area in the City of Shorewood:
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All of the area within the boundaries of the preliminary
plat of Water ford as approved by the Council on September 10,
1984, a copy of which preliminary plat is on file in the
office of the City Clerk, and in addition, areas outside said
plat, including Covington Vine Ridge, Silver Ridge
Development, Johnson lots, and other adjoining lots if
said property owners request to be connected.
The right to use and occupy said streets, alleys, public ways
and places for the purposes herein set forth shall not be ex-
clusive and the City reserves the right to grant the similar use
of said streets, alleys, public ways, and places to any person
at any period of this franchise.
SECTION 4. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES.
The Company shall at all times during the life of this franchise
be subject to all lawful exercise of the police power by the
City and to such reasonable regulation as the City shall here-
after by Resolution or Ordinance provide.
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SECTION 5. COMPANY LIABILITY INDEMNIFICATION. It is expressly
understood and agreed by and between the Company and the City
that the Company shall save the City harmless from all loss
sustained by the City on account of any suit, judgment,
execution, claim or demmdwhatsoever resulting from negligence
on the part of the Company in the construction, operation or
maintenance of its water system in the City. The City shall
notify the Company by registered mail addressed to the follow-
ing address:
Trivesco
14201 Excelsior Boulevard
Minnetonka, Minnesota 55345-4997
within 90 days after the presentation of any claim or demand,
either by suit or otherwise, made against the City on account
of any negligence as aforesaid on the part of the Company.
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SECTION 6. LIABILITY INSURANCE. At the time of acceptance of
this franchise, the Company shall procure the issuance of and
keep in force at all times thereafter during construction,
maintenance or operation of the system or any part thereof
by the Company, single limit public liability insurance in the
amount of $1,000,000. Said policy of insurance shall be
issued by an insurance company authorized to do business in the
State of Minnesota and approved as to form by the City Attorney.
Said insurance policy shall provide protection to the City
in accordance with the indemnification provision above. A
certificate showing such coverage shall be filed with the
City Clerk at the time of notification by the Company of
acceptance of the franchise.
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SECTION 7. CONSTRUCTION. It is contemplated that the Company
shall construct the complete water system in the area stated in
portions as platted. Prior to the construction of the Trunk
Water Supply and Storage Facilities, the Company may obtain
water from the City of Minnetonka pursuant to the provision of
that certain Agreement for Water Service between the City of
Shorewood and the City of Minnetonka dated
During the period of such service, the Company will be bound
by all of the terms and conditions of such Agreement. In
advance of the start of construction of each portion of the
system, the Company shall submit to the City Council, in duplicate,
complete plans and specifications for the portion proposed to
be constructed. Such plans and specifications shall be examined
by the City Engineer and shall meet the reasonable requirements
of the City Council and the City Engineer and no construction
of said portion of the water system shall be commenced unless
and until written notice of approval by the Council has been
furnished by the City Clerk.
SECTION 8. LETTER OF CREDIT; CONSTRUCTION. At the time of
acceptance of this franchise, the Company shall deposit with
the City a Letter of Credit satisfactory to the City. Such
Letter of Credit shall be retained by the ~ity'and shall continue
in effect during the construction period of the Trunk Water
Supply and Storage Facilities and expire one (1) year after the
City's final acceptance of said Trunk Water Supply and Storage
Facilities. The amount of the Letter of Credit shall be equal
to one hundred fifty percent (150%) of the estimated cost of
construction of said Trunk Water supply and Storage Facilities
as approved by the City Engineer. The Company shall pay all
reasonable attorney's fees and costs incurred by the City in
defense of or enforcement made by any rights of the City under
said Letter of Credit.
SECTION 9. SERVICE STANDARDS. The Company shall maintain and
operate its water plant and system and render efficient service
in accordance with the reasonable rules and regulations as may
be promulgated by the City Council. All water shall be supplied
through meters which shall accurately measure the amount of
water supplied to any consumer and the Company shall, at any
time when requested by a consumer, make a test of the accuracy
of any water meter. Whenever it is necessary to shut off or
interrupt service for the purpose of making repairs, adjustments
or installation, the Company shall do so at such time as will
cause the least amount of inconvenience to its customers and
unless such repairs are unforeseen and immediately necessary,
the Company shall give reasonable notice thereof to consumers.
SECTION 10. COMPANY RULES. The Company shall have the authority
to promulgate such rules, regulations, terms and conditions
governing the conduct of its business as shall be reasonably
necessary to enable the Company to exercise its rights and per-
form its obligations under this franchise and to insure an
uninterrupted service to each and all of its customers. It
is provided, however, that such rules, regulations, terms and
conditions shall not be in conflict with the provisions hereof
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or of laws of the State of Minnesota and such rules and regula-
tions, terms, and conditions shall be subject to approval of the
Ci ty Council.
SECTION 11. PERFORMANCE ESCROW. At the time of acceptance of this
franchise, the Company shall set up an escrow account under terms and
conditions acceptable to the City. Said escrow account shall be
maintained during the entire period of this franchise in an amount
not less than $ 10,000.00 and shall be conditioned upon the Company's
compliance with all the terms of this franchise and the reasonable
regulations by the City Council and conditioned upon the continued
supplying by the Company of an adequate and safe water supply to the
customers and users of the water system and upon the proper maintenance,
operation, and upkeep of the system.
SECTION 12. RESTORATION. In case of any disturbance of pavement,
sidewalk, driveway, or other surfacing resulting from the
maintenance, operation, or upkeep of the complete water system, the
Company shall at its own cost and expense and in a manner approved
by the City Engineer, replace and restore all paving, sidewalk, or
driveway surface of any street or alley disturbed in as good condition
as before said work was commenced and shall maintain the restoration
in an approved condition for a period of one year.
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SECTION 13. RELOCATION. In the event that at any time during the
period of this franchise the City shall lawfully elect to alter or
change the grade of any street or alley or other public way, the
Company, upon reasonable notice by the City, shall remove, re-lay, and
relocate its pipes, tubing, and other fixtures at its own expense.
SECTION 14. COSTS. The Company shall pay to the City all reasonable
costs incurred by the City in examination of plans and specifications,
policing construction, preparation of legal instruments and documents,
and publication of this franchise.
SECTION 15. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED.
The Company shall not as to rates, charges, service facilities,
rules, regulations, or in any other respect make or grant any
preference or advantage to any person, nor subject any person to
any prejudice or disadvantage; provided that nothing in this
franchise shall be deemed to prohibit the establishment of a
graduated scale of charges and classified rate schedules to which
any customer coming within such classification would be entitled.
SECTION 16. RATES -- INITIAL. The Company shall be entitled to
charge water users a fair and reasonable rate for the furnishing
of water. Initial rates are established as follows:
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$19.50 for the first 13,000 gallons used, plus $1.00
for each one thousand gallons (or fraction thereof)
used thereafter. In addition to the metered charges
above, a trunk service charge of $20.00 per quarter
will be imposed against each user during the period
that the water service agreement with the City of
Minnetonka remains in effect.
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SECTION 17. RATES -- CHANGES. The rates above provided shall
continue during the term of this franchise unless and until a
change in costs makes it necessary for the Company to increase
rates in order for the Company to produce a reasonable return of
6% on unrecovered costs as provided in Section 21 hereof, or
unless and until a decrease in costs warrants a reduction in
rates so that the Company shall produce no more than a reasonable
return on its investment. If the Company desires to increase
rates as above provided, it shall file with the City Clerk, at
least 90 days prior to the date the grantee desires to have the
new rates become effective, a schedule of the proposed increased
rates. Such new rates shall become effective on the date
requested by the Company unless disapproved by the City Council
before such date. If the proposed rates are disapproved by the
Council, the rates then in effect shall continue in effect.
SECTION 18. HYDRANTS. The Company shall install and maintain
hydrants as part of its water distribution system for the purposes
of fire protection. Said hydrants may be used by the City in the
performance of its governmental functions without charge and as
a part of the consideration for the issuance of this franchise.
SECTION 19. REPORTS. The Company shall file with the City
Council annually a copy of its annual report for the preceeding
fiscal year, together with a balance sheet and income statement,
for the operation by the Company under this franchise. At
the request of the City Council at any time, copies of income tax
returns filed with the Federal Government shall be furnished by
the Company to the Council.
SECTION 20. GRANT TO CITY -- FORFEITURE. Upon the forfeiture as
provided in Section 23, the City at is election and without any
costs, shall have the right, power, and authority to obtain and
take over the complete water system. In addition thereto, the City
shall have the right to any remaining balance in the escrow account
maintained by the Company pursuant to the provisions of Section 11
herein. Upon the exercise of this option by the City by the service
of an official notice upon the Company to that effect, the Company
shall immediately execute such deeds or insturments of conveyance
to the City as shall be required to convey to the City title to the
property in fee simple, free from any and all liens and encumbrances.
The Company shall make it a condition of each contract entered into
by it with reference to operations under this franchise that the
contract shall be subject to the exercise of this option by the
City and that the Cityshallhave~the right to be substituted for
the Company as a party to any such contract and shall have the
right to succeed to all privileges and obligations thereof at its
option.
SECTION 21. SALE TO CITY, END OF TERM OR DURING TERM. At the
expiration of the term of this franchise or at any time during
the term of this franchise, the City at its election and upon
the payment of an amount as hereinafter provided, shall have the
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right to purchase and take over the complete water system. In addition
thereto, the City shall have the right to any remaining balances in the
escrow account maintained by the Company pursuant to the provisions of
Section 11, providing that such election by the City to take over the
complete water system is made after a period of five years from the
date of acceptance by the City of the Trunk Water Supply and Storage
Facilities. Upon the exercise of this option by the City by the service
of an official notice upon the Company to that effect, the Company
shall immediately execute such deeds or instruments of conveyance
to the City as shall be required to convey to the City title to the
property in fee simple, free from any and all liens and encumbrances.
The Company shall make it a condition of each contract entered into
by it with reference to operations under this franchise that the contract
shall be subject to the exercise of this option by the City and that the
City shall have the right to be substituted for the Company as a party
to any such contract and shall have the right to succeed to all
privileges and obligations thereof at its option.
The amount to be paid by the City to the Company as provided in
this Section shall be based on the original estimated cost of the
Trunk Water Supply and Storage Facilities ($390,000.00)
amortized over the total anticipated water connections (300), plus
carrying charges, and shall be the sum of the two figures obtained
below:
a) The difference between 300 and the actual number of
water connections completed on the date of the City
take over, multiplied by $1,300.00;
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b) A carrying charge on the figure obtained in a) above,
figured at the rate of 10% per annum from the date of
final acceptance of the Complete Water System by the
City to the date of the City take over.
The figure for the total anticipated water connections (300) set
forth above is the result of the approved platting of the property
described in Section 3 herein. In the event that a re-platting of
any of the areas described therein materially alters the number
of anticipated water connections, a corresponding adjustment shall
be made to such figure and the amount to be paid by the City to
the Company recalculated based upon such adjusted figure. Those
components of the Complete Water System constructed and installed
prior to the acceptance of this franchise by the Company will not
be a subject for future assessment to the benefited properties, unless
additional benefits are subsequently provided to such properties.
SECTION 22. INSURANCE SYSTEM. The Grantee shall at all times keep
the water tanks, pumps, pump houses, and other insurable portions
of the system or any part thereof, insured by and insurer
approved by the City Council against the perils of fire, wind-
storm, and other coverages set forth in the standard extended
coverage endorsement, to the extent of the replacement costs
thereof, and shall file a certificate of such insurance with the
. City Clerk. Such insurance shall be payable to the Grantee and
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to the City as their interests may appear, and the Grantee shall
be obligated to use the proceeds thereof for the repair or
replacement of the damaged or destroyed property, to the extent
necessary to so repair or replace such damaged or destroyed
property.
SECTION 23. FORFEITURE. Any violation by the Company, its
vendees, leasee, or successors of the provisions of this franchise
or any material portion thereof, or the failure to promptly
perform any of the provisions thereof, shall be cause of the
forfeiture of this franchise and all rights hereunder. Such
forfeiture shall be instituted only after written notice to
the Company by the City and a continuation of such violation,
failure or default. In addition thereto, any person, firm or
corporation violating any of the provisions of this Ordinance
shall be deemed guilty of a misdemeanor and punished accordingly.
Each day of such violation shall constitute a separate offense.
SECTION 24. EFFECTIVE DATE. The franchise and rights herein
granted shall take effect and be in force from and after the
final passage hereof as required by law, filing of acceptance
by the Company with the City Clerk and publication; and shall
continue in force and effect unless otherwise terminated for a
term of 10 years after the effective date of this franchise.
The City, at its sole option, shall have the right to renew
this franchise for an additional ten year period, in which event
the Company shall be required to perform the franchise under the
same terms and conditions as provided in this Ordinance and the
Amendments thereto. This franchise shall be deemed null and
void unless an acceptance has been filed within 14 days after
notification to the Company of passage.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 28th
day of May 1985.
Robert Rascop, Mayor
ATTEST:
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Clt C erk
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ORDINANCE NO. 170
AN ORDINANCE AMENDING ORDINANCE NO. 168 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, USE AND HEIGHT OF
BUILDINGS 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. 168, section 200.09 Subd. 2, is hereby
amended as follows:
"Official Zoning map may be and is hereby amended by including
within the C-4 Zoning District property described as:
"That part of Government Lot 2, Section 34, Township 117,
Range 23, described as follows:
Beginnnig at the intersection of the west line of Lot 214,
Auditor's Subdivision No. 135, Hennepin County, Minnesota,
with the north line of Tract A, Registered Land Survey No.
436, Files of the Registrar of Titles, County of Hennepin;
thence east along the north line of said Tract A a distance
of 287 feet to the east line of said Lot 214; thence
northerly along said east line and its extension to the
southerly right-of-way line of county Road No. 19; thence
southwesterly along said southerly right-of-way line to the
northerly extension of the west line of said Lot 214; thence
south to the point of beginning."
section 2. This Ordinance shall be effective from and after its
passage and publication.
ADOPTED by the City Council of the City of Shorewood this 12th
day of August, 1985.
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly, City Clerk
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ORDINANCE NO. 171
AN ORDINANCE AMENDING ORDINANCE NO. 168 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 BUILDINGS 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. 168, Section 200.03, Subd. 11e.(4) is
hereby amended to include:
"For PUDs containing twenty (20) acres or more of land, the
City may allow larger construction signs than those allowed
in b.(l)(f) of this subdivision. In determining the size
and allowable area of signs in a PUD, the city shall take
into consideration the functional classification and desig-
nated speed limit of adjacent roads, and potential impact
on adjoining residential areas. In no case shall the total
allowable area of construction signs exceed three (3) square
feet for each acre of land within the PUD. The total area of
said signs shall not exceed three hundred (300) square feet
nor shall any individual sign exceed two hundred (200) square
feet in area."
Section 2. That this Ordinance shall take effect from and after its
passage and publication according to law.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 12th day
of August, 1985
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly
City Clerk
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ORDINANCE NO. 172
AN ORDINANCE REPEALING ORDINANCE NO. ~, AN ORDINANCE
GRANTING A FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN
A WATER SYSTEM IN THE CITY OF SHOREWOOD, SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING
FOR CITY REGULATION OF THE WATER SYSTEM; PROVIDING AN OPTION
FOR TAKE-OVER BY THE CITY OF SHOREWOOD; AND PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS.
The City Council of the City of Shorewood ordains:
Section 1: That Ordinance No. 169
its entirety.
is hereby repealed in
Section 2: This Ordinance shall be in full force and effect
from and after its passage and publication according to law.
Adopted by the City Council of the City of Shorewood this
12th day of August , 1985
CITY OF SHOREWOOD
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly
City Clerk
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ORDINANCE NO. .173
AN ORDINANCE AMENDING ORDINANCE NO. 81, AN ORDINANCE RELATING TO THE
REGULATION, LICENSING, AND KEEPING OF DOGS IN THE CITY OF SHOREWOOD.
The City Council of the City of Shorewood ordains:
Section 1: That Ordinance No. 81 be amended by adding paragraph (d)
to Section III - Licensing Required.
(d) Any person who moves into and becomes a resident of the
City of Shorewood and who owns a dog within the City of
Shorewood shall cause the same to be registered and licensed
as provided hereinbefore within a period of not more than
thirty (30) days after becoming a resident of this City.
Section 2: This Ordinance shall be effective from and after its
passage and publication.
Adopted by the City Council of the City of Shorewood this 11th day
of Augus~ , 1985.
CITY OF SHOREWOOD
Robert Rascop, Mayor
ATTEST:
Sandra L. Kennelly
City Clerk
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ORDINANCE NO. 174
AN ORDINANCE AMENDING ORDINANCE NO. 168 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, USE AND HEIGHT OF BUILDINGS 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. 168, Section 200.09 Subd. 2 "Map" is hereby
amended as follows:
"Official Zoning Map may be and hereby is amended
by including within the P.U.D., Planned Unit
Development District, property described as:
'Robert S.C. Peterson Addition'
Said property to be governed by a Development Agreement,
dated December 10, 1984, between the City of Shorewood and
Robert S.C. Peterson. Said agreement is on file at the
Shorewood City Hall."
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Section 2. This Ordinance shall be effective from and after its passage
and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, this 28th day
of October, 1985.
Robert Rascop, Mayor
ATTEST:
f . J /
t~(L~L j1-~ i!/1' .i) . )'--7-L
City Clerk /
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ORDINANCE NO.J1~
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I .; ,., : ,. " '. ~
AN ORDINANCE IMPOSING WEIGHT RESTRICTIONS UPON
THE USE OF STREETS AND HIGHWAYS WITHIN THE
CITY OF SHOREWOOD, MINNESOTA,
AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF
The City Council of the City of Shorewood does ordain:
CHAPTER 704. WEIGHT RESTRICTIONS ON CITY STREETS
704.01. The purpose of this ordinance is to preserve the condition
of the public streets within the City of Shorewood from serious
damage and destruction by the excessive use of the streets by trucks
and other heavily laden vehicles, to reduce the amount of loss and
expense to the taxpayers of the City for street maintenance, and to
reduce the amount of dirt, noise and other undesirable conditions
created by such traffic.
704.02. GROSS WEIGHTS EXCEEDING 8,000 POUNDS UNLAWFUL EXCEPT ON
CERTAIN STREETS
It shall be unlawful for any vehicle or combination of vehicles at
any time to operate upon the streets or highways within the City with
a gross weight of any single axle exceeding 8,000 pounds except as
follows:
subd. 1.
Such street or highway is specifically exempted from
the provisions of this Section by the provisions of
Section 704.04 or
subd. 2.
The owner of such vehicle or combination of vehicles
has first obtained from the Public Works Director a
permit setting forth the route or routes, the period
of time, and the conditions under which such vehicle
or combination of vehicles shall be operated.
subd. 3
The Public Works Director is hereby empowered and it
is hereby made his duty to issue or deny, or issue in
modified form, such permit upon application and to
prescribe therein the route or routes, the period of
time, and the conditions for operation under each such
permit, and in determining s~hroute or routes,and
such conditions, the Public.Works Director shall
permit maximum use of the particular highways and
bridges consistent with the~maximum capacity of such
highways or bridges, as dete~mined by highway
engineering practice.
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subd. 4.
The Public Works Director shall have the power to
revoke or modify the terms of any permit at any time
in the event of operations in violation of any such
permit or in the event of changed conditions requiring
such action. The original or a correct copy of the
permit under which operations are being conducted
shall be carried at all times in the driver's cab or
in any vehicle or combination of vehicles while the
same is being operated thereunder.
704.03. SCHOOL BUSES EXEMPTED
School buses are given special permission to proceed with normal
operation of their regularly established routes and at all regularly
established hours.
704.04. EXEMPTED STREETS
The following streets or highways within the City are specifically
exempted from the provisions of Section 704.02:
Apple Road
Boulder Bridge Drive
Boulder Bridge Lane
Chartwell Hill
Christmas Lake Road
Christmas Lane
Country Club Road
Covington RoaCl
Eureka Roa~
Howards poim:. Road
Lake Linden Drive
Manor Road
Mill Street
Minnetonka Boulevard
Minnetonka Drive
Murray Hill Road
Old Market Road
pine Bend
St. Alban's Bay Road
Shady Hills Circle
Shady Hills Road
Shady Lane
Smithtown Road
Third Avenue
Vine Hill Road
Water ford Circle
Waterford Place
Yellowstone Trail
704.05. PENALTY
Any person who shall violate any provision of this Ordinance shall be
guilty of a misdemeanor.
704.06. REPEALER
Upon the effective date of this Ordinance, Ordinance No. 163 is
hereby repealed.
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704.07. EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Ado~ted by the City Council of the City of Shorewood this
of .J2. Cc't:1Y1 B,;e ,1985.
J& n day
CITY OF SHOREWOOD
ATTEST:
Mayor
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