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1985 Ord . . . c 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. . . . 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; -2- . . . 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; -3- . . . 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. -4- . . . 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 -5- . . . ,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 . . . , . 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 11 ,. . . . 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 . . . 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' .. . . . 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( ~ .M~- 11 "1? . ']''''-J' Zip , 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 \~.!;'i", . q". JUlY,h.1""985 " ".' ^ . ,;"r,o!/ ;~;,:\ '.1t';" , ... : i'J>:f~~J:~;;::,;,,? :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 -,-olAf..- : ~ 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: . . 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. . 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. . 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. -2- . . . 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 -3- . 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. . 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: . $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. -4- . . . 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 -5- . 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; . 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 -6- . . . 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: . v1c~4({7J~'-~4 Clt C erk -7- . . . 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 . . . 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 ~ . . . 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 ~ . . . 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 .. . . 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." . 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 / /l':/1 /lj . ~ . . . ,k7? o( r(~ I /)/3.:-: ~ ORDINANCE NO.J1~ '/ kl \. ,". '" ) 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. . . . 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. .. .. . . . 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 /20 1J.e I' f 'l20:..i d 0 jJ ~frr!i~~tf