1987 Ord
.
.
.
ORDAINS:
ORDINANCE 00. /q;3
AN ORDINANCE IMEU;ING A JUVENILE a.JR.FE.W WITIIIN TI:IE
CIlY OF SIDRF..V\aD, MINNEsarA,
AND IMEU;ING PENALTIES Fat VIOIATCNS 'lHERFDF
TI:IE CIlY CDUNCIL OF 1HE CIlY OF SIIJRE\.\UD, MINNEsarA,
01APTER 606. JUVENILE aJRFEW.
606. 01. JUVENILES 14 AND YaNJER
It shall be unlawful for any juvenile 14 years of age or
younger to be on or present upon any public street, alley,
park, playground, or place open to the public, or place of
amusement and entertainment, vacant lot, or other
unsupervised place in the City of Shorewood between the hours
of 10:00 p.m. and 5:00 a.m. of the following day. This
section shall not apply when the juvenile is accompanied by
the juvenile's parent, guardian, or other adult person having
authorized care, custody or control of such juvenile.
606.02. JUVENILES 15 THROUGH 17
It shall be unlawful for any juvenile 15, 16, or 17 years of
age to loiter, idle, wander, or play in or upon any public
street, avenue, alley, park, playground, or place open to the
public, or place of amusement and entertainment, vacant lot,
or other unsupervised place in the City of Shorewood between
the hours of 12:00 midnight and 5:00 a.m. This section shall
not apply when the juvenile is accompanied by the juvenile's
parent, guardian, or other adult person having authorized
care, custody or control of such juvenile.
606.03. LIABILIlY OF PARENr(S)
It shall be unlawful for any parent, guardian, or other adult
person having authorized care, custody, or control of any
juvenile undex age 18, to knowingly permit such juvenile to
violate the provisions of Se~tions 606.01 or 606.02.
606.04. LIABILIlY OF POOPRI:EI(R
It snaIl be unlawful for any person operating or in charge 'of
anyphice of amus~nt, entertainment, 'or refres~nt, or
other place of busi,r..ess, to knowlngly permit any juvenile c'
under the age of 18 'years to loite,'ror idle in such place'
conb'ary to the pr6visions of Sections 606.01 or 606.02, and
such person shall ihmediately order such juvenile to leave.
If such juvenile refuses to leave"such place, such person
.
.
.
shall immediately notify the South Lake Minnetonka Public
Safety Department of the violation.
606.05. PENALTY
Subd. 1. Any juvenile under the age of 18 years found on
or in any pub I ic street, avenue, alley, park,
or other place, in violation of Sections 606.01
or 606.02, may be sent or taken home or placed
under proper custody by any police officer of
the South Lake Minnetonka Public Safety
Department.
Subd. 2. Any juvenile who violates the provisions of
Sections 606.01 or 606.02 shall be deemed a
juvenile petty offender as defined by Minnesota
Statute.
Subd. 3. Any parent, guardian, or other adult person(s)
who violates the provisions of Section 606. 03
shall be guilty of a petty misdemeanor.
Subd. 4. Any proprietor and/or employee(s) who violates
the provisions of Section 606.04 shall be
guilty of a petty misdemeanor.
606.06. EFFECrIVE DATE. Thi s Ordinance shall take effect
and be in force from and after its passage and publication.
606.07. REPEALER. Upon the effective date of this
Ordinance, Ordinance No.5, Section 16, is hereby repealed.
A1X>PI'ED BY '!HE CITY <XXJNCIL of the Ci ty of Shorewood,
thi s /dlu day of ~1t-"UA,e,J , 1987.
Mayor
t:!o.I2L P!t J:.;~d C 6 ;1
ATrEST:
~ ~.~' /
lCil; Cler: A (' -~ . "2)
-2-
..
.
ORDINANCE NO. 194
AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR
IT'S ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION,
CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL,
DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE. HEIGHT. AREA AND
MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF SHOREWOOD:
PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF: REPEALING ORDINANCE NO. 125
OF THE CITY OF SHOREWOOD AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT THEREWITH.
The City Council of the City of Shorewood does ordain as follows:
Section 1. Building Code. The Minnesota State Building Code.
established pursuant to Mn. Stats. 16B.59 through 16B.73. one copy of
which is on file in the City Offices is hereby adopted as the building
code for the City of Shorewood. Such code is hereby incorporated in
this ordinance as completely as if set out in full.
A. Administration Required.
1.
2.
. 3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
18.
.
Chapter 1300 - Code Administration
Chapter 1305 - Adoption of 1985 Uniform Building Code by
Reference.
A. Required Provisions - UBC Appendix Chapter 35.
Chapter 1315, Electrical Code.
Chapter 1320. Elevators and Related Machines.
Chapter 1325. Solar Energy Systems.
Chapter 1330. Technical Requirements for Fallout Shelters.
Chapter 1335, Flood Proofing Regulation (when required).
Chapter 1340, Facilities for the Handicapped.
Chapter 1345, Minnesota Heating, Ventilating. Air
Conditioning. and Refrigeration Code.
Chapter 1350. Manufactured Homes.
Chapter 1355, Plumbing Code.
Chapter 1360. Prefabricated Structures.
Chapter 1365, Variation of Snow Loads.
Chapter 4215, Model Energy Code Amendments.
Chapter 1305.0150 Subpart 2
A. UBC Appendix Chapters 1.7,38,55. and 70.
Chapter 1305.6905. Special Fire Suppression Systems with c
Group B-2 5000 or more gross sq. ft.
Chapter 1310. Building Security.
Chapter 1335, Floodproofing Regulations, Parts 1335.0600
to 1335.1200, and FPR Sections 205.4 to 208.2.
...
.
.
.
Page two
Ordinance No. 194
Section 2. Organization and Enforcement. The organization of the
Building Department and enforcement of the Code shall be as
established by Chapter 2 of the Uniform Building Code 1985
Edition. The Code shall be enforced within the incorporated
limits of the City. and extraterritorial limits permitted by
Minnesota Statutes. 1984.
The Building Department shall be the Building Code Department of the
City of Shorewood. The Administrative Authority shall be a State
Certified "Building Official".
The Appointing Authority shall designate the Building Official for the
jurisdiction of Shorewood.
Section 3.
A.
Permits. Inspections and Fees.
collection of fees shall be as
Uniform Building Code. 1985 Edition.
Permits. inspections and
provided in Chapter 3 of the
B. Surcharge. In addition to the permit fee required by item A of
this section. the applicant shall pay a surcharge to be remitted
to the Minnesota Department of Administration as prescribed by
Minnesota Statutes 1984. Section 16B.70.
Section 4. Violations and Penalties.
Any person who shall violate any of the prov~s~ons of this
Ordinance shall be deemed guilty of a misdemeanor.
Section 5. Effective date of Ordinance. This Ordinance shall be
effective from and after its passage and publication.
Adopted by the City Council of the City of Shorewood this 23rd day of
March. 1987.
Robert Rascop
Mayor
ATTEST:
Sandra L. Kennelly
City Clerk
.
.
.
OODINANCE 00. 195
AN OODINANCE RES1RIcrIOO TIlE KEEPIOO OR DEroSITING 00 PRIVATE PROPERlY
OF UNSAFE, UNUSABLE, IOOPERABLE EQJIIWJENr, JUNK, DEBRIS OR
OIHER SIMIlAR PERSaW:. PROPERlY WI'lHIN TIlE CI'lY OF SIDlliWXD
AND PROVIDING A PENAL'lY FOR VIOIATIoo 'lHEROOF
'!HE CI'lY axJNCIL OF TIlE CI'lY OF SIDlliWXD ORDAINS:
rnAPrER 501. OFFENSIVE, UNHEALlliY SUBSTANCES.
501.01. Offensive, Unhealthy Substances Prohibited: No owner, agent or
occupant of any privately owned lands or premises shall place upon or permi t
upon his premises any abandoned, discarded or unused objects or equipment
such as non-operating or unlicensed vehicles of all kinds, furniture, stoves,
refrigerators, freezers, lumber, trash, debris, junk containers, machinery,
implements, equipment which is no longer safely usable for the purpose for
which it was manufactured, noxious weeds as defined in Minnesota Statutes
~ 18.171, fallen trees, fallen tree limbs, dead trees, dead tree limbs,
garbage (except in authorized containers), ashes, yard cleanings or any other
offensive or unhealthy substance.
501.02. Notice to Remove. When there exists on private property a condition
which is in violation of Paragraph 501.01, a notice to remove the offensive
matter shall be served by the Ci ty Council or its agent upon the owner, agent
or occupant. Such notice may be served personally or may be served by mail.
In all cases where such owner is not in the city or cannot be found therein,
then notice shall be sent to the last known address. Such notice shall
describe the matter to be removed and require removal thereof within ten (10)
days. The property owner may appeal said notice to the Shorewood City
Council, provided that said appeal is submitted in writing to the City within
ten (10) days following service of the notice. A hearing on the appeal shall
be held before the Shorewood City Council at its next regularly scheduled
meeting, and a determination made by the Council concerning the validity of
the appeal. The time period required for removal of the offensive matter may
be extended by the City Council if extraordinary or unusual conditions exist
which reasonably preclude the property owner from conplying within the
prescribed time period. If no appeal to the notice is made by the property
owner, and the offensive matter has not been removed at the end of ten (10)
days following service of the notice, the City shall cause removal and
disposition of the offensive matter. All costs incurred by the City for the
.
.
.
removal and disposition of the offensive matter shall be in the nature of
nuisance abatement and shall be assessed, levied and collected as a special
assessment against the premises from which it was removed in the manner
provided by law for the levy and collection of other special assessments.
501.03. Penalty. Any person or corporation violating any of the provisions
of this Ordinance shall be guil ty of a misdemeanor. Every day that such
violation continues shall constitute a separate offense.
501.04. Separability. Every section, prOVIsIon, or part of this Ordinance
is declared separable from every other section, provision or part; and if any
section, provision or part of any Ordinance shall be held invalid, it shall
not affect any other section, provision or part thereof.
501.05. Repealer. Upon the effective date of this Ordinance, Ordinance No.
95 is hereby repealed.
501.06. Effective Date. This Ordinance shall be in full force and effect
from and after its passage and publication.
AOOPI'ED BY 1HE CI'lY CXXJNCIL of the Ci ty of Shorewood, Minnesota, this 13th
day of April, 1987.
Robert Rascop
Mayor
ATrEST:
Sandra L. Kennelly
City Clerk
.
.
..
,1
aIDINANCE ro. 196
AN ClIDINANCE AMENDING aIDINANCE ro. 74
REGJLATING '!HE USE OF A lVIJNICIPAL WATER SYSTEVJ, '!HE INSTALIATICN,
amECl'ICN AND CXNSTRUCrICN OF IIDSE WATER LINES, SE'lTING A
OIARGE FOR SAID WATER SERVICE BY PRIVATE USERS
AND PROVIDING PENALTIES Frn. VIOIATICN 'IHEREDF
IN '!HE CITY OF SImE\\aD
'!HE CITY axJNCIL OF '!HE CITY OF SlDID\aD ORDAINS:
Section 1. That Ordinance No. 74 be amended by adding Article
XXII to read as follows:
"Article XXII. Corrrnercial Users. The owner of a property
used for commercial purposes or for multiple fmnily
residential purposes, involving two (2) or more dwelling
units, situated within the City and abutting on any street,
alley or right-of-way in which there is located a municipal
water trunk or lateral facility, is hereby required at his
expense to connect to such facility in accordance with the
provisions of this ordinance within ninety (90) days after
the date of official written notice by the City Council to
so connect."
Section 2. That this ordinance shall be effective from and after
its passage and publication.
AOOPI'ED BY '!HE CITY axJNCIL of the Ci ty of Shorewood, Minnesota, this
day of Apri I , 1987.
13th
Mayor
;c::,iJe:r-c ~ Je' cJ /'
ATI'EST:
~~ ~4f
ItyCler ~~ .
.
.
.
ORDINANCE ro. 197
AN CRDINANCE AOOPrING 1HE SImEWlD CI'IY CXDE
1HE CI'IY CUJNCIL OF 1HE CI'IY OF SImEWlD, MINNEsarA, ORDAINS:
Section 1. Code Adopted. There is hereby adopted that certain
revision and codification of the ordinances of the City contained in a
printed compilation entitled "Shorewood City Code." A copy of such code
shall be marked "Official Copy" and filed as part of the official records of
the City in the office of the City Clerk.
Section 2. Continued Effectiveness. All ordinances of a general
nature included in the Shorewood City Code shall be considered as
continuations of said ordinances and the fact that some provisions have been
deliberately eliminated by the governing body shall not serve to cause any
interruption in the continued effectiveness of the ordinances included in
said Code. All ordinances of a special nature, such as tax levy ordinances,
bond ordinances, franchises, vacating ordinances and annexation ordinances
shall continue in full force and effect unless specifically repealed or
amended by provisions of the Shorewood City Code. Such ordinances are not
intended to be included in the Shorewood City Code.
Section 3. Alteration or Tampering. It shall be unlawful for
any person, finn or corporation to change or amend by additions or deletions
any part or portion of such Code, or to insert or delete pages or portions
thereof, or to alter or tamper with such Code in any manner whatsoever which
will cause the law of the City to be misrepresented thereby.
Section 4. Copies. The City Clerk shall provide a sufficient
quantity of the Shorewood Ci ty Code for general distribution to the public
and shall give notice in the official newspaper for at least two successive
weeks that copies are available in the office for exmnination or purchase.
Section 5. Prima Facie Evidence. The Shorewood City Code shall
be prima facie evidence of the law of the City.
Section 6. Effective Date. This Ordinance shall take effect and
be in force from and after its passage and publication.
Section 7. Repealer. All ordinances or parts of ordinances in
conflict herewith are, to the extent of such conflict, hereby repealed.
AOOPl'ED BY 1HE CI'IY CUJNCIL of the Ci ty of Shorewood this 27th day of
July , 1987.
Robert Rascop, Mayor
ATI'EST:
Sandra L. Kennelly, Ci ty Clerk
.
..
.
,
ORDINANCE 00. /9J'
AN ORDINANCE AMENDING SECl'ICN 1201.09 OF '!HE
SlDIlliWXD CI'lY aDE
'!HE CI'lY CXXJNCIL OF '!HE CI'lY OF SlDIlliWXD, MINNESOTA, ORDAINS:
Section 1. City Code Section 1201.09 subd. 2. Map, is hereby amended as
follows:
The "Zoning Map of Shorewood" on fi Ie wi th the Zoning
Mninistrator is hereby amended by removing from the R-lA Zone and
including within the R-1C Zone the property described as follows:
Outlot A, Registered Land Survey Nunber one; Except the
North 218.9 feet thereof, Hennepin County, Minnesota
\~
Section 2. This ~dinance shall be in full force and effect from and
after its passage and publication.
AOOPrED ~y TIlE CI.'lY CXXJNCIL of the Ci ty of Shorewood, Minnesota, this 14 to..
day of ---J~ ~'Iun,/u.Jv, 1987.
"1
Robert Rascop, Mayor
ATTEST:
Sandra Kennelly, City Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 1201.09 OF THE
SHOREWOOD CITY CODE
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS:
Section 1. City Code Section 1201.09 Subd. 2. Map, is hereby amended
as follows:
The "Zoning Map of Shorewood" on file with the Zoning Administrator is
hereby amended by removing from the R-3A, Multiple-Family Residential District
and including within the PUD, Planned Unit Development District, the property
described as follows:
"Lots 23 and 24, Manitou Glen except that part of said Lots 23 and 24
described as commencing at the most northerly corner of Lot 24; thence
southwesterly a10ng the northwesterly lines of Lot 24 and Lot 23, 151.1
feet to the northwesterly corner of said Lot 23; thence east parallel with
the south line of Lots 23 and 24 a distance of 178 feet to a point in the
northeasterly line of Lot 24 distant 88.4 feet southeasterly of the point
of beginning; thence northwesterly along northeasterly line of said Lot 24,
88.4 feet to the point of beginning and except
All that part of Lot 24, Manitou Glen described as follows: Beginning at
the southeast corner of said Lot 24; thence west along the south line of
said Lot 24 a distance of 250 feet; thence north at right angles to last
described course a distance of 223.1 feet; thence east at right angles to
last described course a distance of 153.75 feet to the northeasterly line
of said Lot 24; thence southeasterly along said northeasterly line of Lot
24, 250 feet to the point of beginning, according to the plat thereof on
file or of record in the office of the Register of Deeds in and for
Hennepin County, Minnes ota."
Section 2. This Ordinance shall be in full force and effect from and
after its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 14th day
of September, 1987.
Robert Rascop
ATTEST
Sandra L. Kennelly
City Clerk
.
.
.
.
CIDINANCE N). :zoo
AN CIDINANCE AMENDING rnAPrER 603 OF 1HE
SllllliWXD CIlY CXDE, PROVIDING FOR CIlY <XXJNCIL DESIGNATKN OF
OFFICERS, FlVIPIDYEES AND AGENTS AUIIllUZED ID ISSUE CITATICNS
1HE CIlY <XX.JNCIL OF 1HE CIlY OF SllllliWXD, MINNESOTA OODAINS:
Sect ion 1. Chapter 603, of the Shorewood Ci ty Code is hereby amended
by adding a new sect ion to read as follows:
SECI'ICN 603.10. CITATICNS FOR MISDEVlEAIDR VIOIATICNS: Officers,
employees, and agents of the City who have the duty to enforce an
ordinance or statute may be designated by resolution of the City
Council to issue a citation whenever the officer, employee or agent
has probable cause to believe that the person cited has committed a
misdemeanor which the officer, employee, or agent has the duty to
enforce. The officer, employee, or agent shall deliver executed
citations to the South Lake Minnetonka Public Safety Department for
filing with the court.
No officer, employee, or agent shall be allowed by his or her
superior to exercise the citation authority granted herein unless the
officer, employee, or agent has been properly designated by
resolution of the City Council.
Section 2. This Ordinance shall be in full force and effect from and
after its passage and publication.
AOOPI'ED BY 1HE CIlY <XXJNCIL of the Ci ty of Shorewood, Minnesota, this
14th day of September, 1987.
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly, City Clerk
.
.
.
OODINANCE 00. 201
AN OODINANCE AMENDING TITLE 300 OF SIJJRE\\aD CI'lY
aDE, PROVIDING FOR 1HE LICENSING OF
(DING CXJI' OF BUSINESS SALES
1HE CI'lY axJNCIL OF 1HE CI'lY OF SImEWXD, MINNEsarA, OODAINS:
Section 1. City Code Title 300 is hereby amended by adding a new
chapter to read as follows:
SECI'IOO :
307.01:
307.02:
307.03:
307.04:
307.05:
307.06:
307.07:
307.08:
307.09:
307.10:
307 .11:
307.12:
307.13:
307.14:
ClIAPI'ER 307
(DING CXJI' OF BUSINESS SALES
Defini t ions
Exception For Actual Disaster Sales
Exception for Regular Sales of Damaged Goods Consigned from
Insurance Companies
License Required
Application for License
Limitations on Grants of Licenses
License Fee
Term; Renewal s Authori zed
Proof Required for Renewal
Deadline for Renewal Application; Number of Renewals
Conditions of License
Licensee to Refrain From Similar Business for Six Mbnths
Legal Sales Excepted
Violations
307.01 Definitions. When used in this chapter the following
words or phrases shall mean:
"Advertise". Any means, whether oral, written, lettered or by
picture, used to give notice of intention to conduct a sale or to
advertise merchandise for sale at such sale; including, but not
limited to, oral announcement made at the place of sale, or oral
announcement by sound truck or by radio or television, by
written, printed or pictured notice, by newspaper advertisement,
magazine advertisement, hand bill, printed display, poster,
label, price tag, circular, pamphlet or book.
"Merchandise". All kinds of goods, wares and merchandise usually
sold for consumption.
"Sale". A sale or offer to sell to the pub I ic merchandise of any
and all kinds and descriptions, on hand and in stock, in
connection with a declared purpose, as set forth by advertising
on the part of the seller that such sale is:
a.
Anticipatory to the tennination, closing, liquidation,
windup, discontinuance, conclusion or abandonment of the
business and advertised in the following phrases or in any
other phrase or phrases of like or similar language which
reasonably convey to the public that the sale is being
conducted for such purpose: "Going out of business sale,"
"trustee's sale," "liquidation sale," "executor's sale,"
"adninistrator's sale," "adjustment sale," "reorganization
sale," "creditor's comnittee sale," "assignee's sale,"
"receiver's sale," "loss of lease sale," "forced out of
business sale," "removal sale." A "removal sale" is defined
as a sale held out in such a manner as to reasonable cause
the public to believe that the person conducting the sale
will cease and discontinue business at that location, and
will then move to a new or another existing location.
.
b. A result of damage or alteration to the merchandise being
offered for sale by disaster or other fortuitous occurrence,
and advertised in the following phrases of like or similar
language which reasonable convey to the public that the sale
is being conducted as a result of such occurrence: "Fire
sale," "insurance salvage sale," "damaged goods sale,"
"smoke sale," "water damage sale."
.
307.02 Exception For Actual Disaster Sales. This chapter shall
not apply to a sale held by a regularly established retail or
wholesale merchant at his regular place of business, provided
that such sale is held for a period not to exceed fifteen (15)
successive days, excluding Sundays and holidays, during the
period of ninety (90) days immediately following actual damage to
said merchant's stock of goods by fire, water, smoke or other
chance circunstance. If such damaged merchandise has not been
sold within the fifteen (15) day period, an extension of such
sale period must be obtained by resolution of the City Council.
307.03 Except ion For Regular Sales of Damaged Goods Consigned
From Insurance Conpanies. This chapter shall not apply to any
person who has and maintains a pennanently established place of
business solely confined to the sale of property damaged by fire,
water, smoke, or other chance circunstance, which property is
taken on consignment direct ly from insurance companies who have
taken such property as settlements of losses; and who does not
advertise in the tenus used in the definition of "sale" in
Sect ion 307.01.
307.04 License Required. No person shall advertise or conduct
any sale of the type defined in this chapter without being
licensed hereunder.
.
-2-
.
307.05 Application For License. Any person desiring to advertise
and conduct any sale of the type defined in this chapter shall
apply to the City Administrator on fonms prepared by the City.
The app li cat ion shall be in writ ing and shall be in the name of
the true owner of the merchandise to be sold. The application
shall truthfully state:
a. The name and address of the appl icant, together wi th the
names and addresses of all individuals who are members of
the partnership, association or finm making such
appl icat ion.
b. The type of sale to be conducted and the reason for
conducting such sale.
c. The address at which such sale will be held.
d. The nature of the occupancy of the premises where the sale
is to be held, whether by lease or sublease, and the date of
tenmination of such occupancy.
e. Whether or not the applicant has held any sale, as defined
in this chapter, at the premises referred to in the
application within one year last past from the date of the
appl icat ion.
.
f. The date of acquisition by the applicant of the business
with respect to which the sale is to be held.
g.
The names and addresses of the individuals who will have
charge of the sale.
h.
An inventory which shall contain:
.
1) A legible, orderly, detailed, complete and accurate
descriptive list of the merchandise to be offered for
sale which inventory shall include only merchandise
owned by the appl icant which appl icant expects to
include in such sale located on the premises where the
sale is to be held and in warehouses. Such inventory
may include all goods which have been purchased by the
applicant for resale on bona fide orders without
cancellation privileges and shall not comprise goods
purchased on consignment. Such inventory shall not
include goods ordered in contenplation of conducting a
sale regulated hereunder. Any purchase or additions
made within ninety (90) days immediately prior to the
fi I ing of an appl icat ion shall be deemed an unusual
purchase or addition and made in contemplation of having
a sale as regulated by the tenms of this chapter;
provided, however, that in detenmining the average
roonthly inventory seasonable purchases and inventories
shall be considered and adjusted.
-3-
.
2) Insofar as reasonably possible on the basis of available
record data regularly kept by the applicant, the dates
of acquisi tion of such merchandise, the names and
addresses of the persons from whom obtained, and the
manner of acquisition. The inventory shall contain the
cost price of the merchandise to be sold, and the
regular price at which the merchandise was sold prior to
the making of the application for license.
The appl ication and the inventory shall be executed and
verified in duplicate under oath by the individual making
the application or by a member of the partnership making the
application or by the general managing officer or agent of
the association, joint enterprise, fi~ or corporation,
making the application, and shall be filed in duplicate with
the City Administrator.
307.06 Limitations on Grants of Licenses.
a. Any person who has not been the owner of a business described
in the application for license for a period of at least six (6)
months prior to the date of application shall not be granted a
license.
.
b. Any person who has held a sale as herein defined at the
location designated in the application within one year last past
from the date of such application shall not be granted a license.
c. When any person applying for a license operates more than one
place of business the license issued shall apply to only the
named store or branch specified in the application, and no other
store or branch shall advertise or represent that it is
cooperating with it, or in any way participating in the licensed
sale, nor shall the store or branch conducting the licensed sale
advertise or represent that any other store or branch is
cooperating with it or participating in any way in the licensed
sale.
307.07 License Fee. Upon the filing of such application and
inventory in dupl icate and the payment to the ci ty of the sum of
seventy-five dollars ($75.00) plus seven dollars ($7.00) for each
one thousand dollars ($1000.00) of the inventory or major part
thereof, the application shall be investigated by the City
Administrator, who shall then examine the application and
supporting data and recorrmend to the Ci ty Council the granting or
denying of such license.
.
-4-
.
307.08 Term; Renewals Authorized. Licenses issued hereunder
shall be for a period of not to exceed forty-five (45) days.
upon satisfactory proof that all of the merchandise listed in the
inventory attached to the original application has not been
disposed of and that no items of merchandise not listed in such
inventory have been or are to be sold at such sale, the City
Administrator shall investigate the truthfulness of the
application and the supporting data, and shall then recorrmend to
the City Council the granting or denial of the renewal of the
license for an additional fifteen (15) days and the fee for such
renewal shall be One Hundred Fifty Dollars ($150.00). In the
event a second renewal for fifteen (15) days is applied for under
the terms and conditions hereinbefore stated for the first
renewal, the fee for such renewal shall be fifty dollars ($50.00)
for each day of such sale to defray the cost of daily supervision
by the City Administrator during the period of the sale.
.
307.09 Proof Required for Renewal. Proof as required above shall
be furnished on a form prepared by the City. It shall be
accompanied by an inventory which shall contain a legible,
orderly, detailed, complete and accurate descriptive list of the
merchandise then on hand unsold. Such renewal application and
accompanying inventory shall be executed and verified under oath
by the individual making the application, or by a member of the
partnership making the application, or by the general managing
officer or agent of the association, joint enterprise, firm or
corporation making the application.
307.10 Deadl ine for Renewal Applicat ion; Nmnber of Renewals. All
applications for renewals must be made not less than ten (10)
days prior to the expiration of the existing license, and no more
than two (2) renewals shall be granted for any such sale for the
same location.
307.11 Conditions of License. The license shall have the
privilege of conducting a sale as defined in this chapter upon
the following conditions:
a. Such sale shall be conducted on the premises specified in
the application, during the period of the I icense and any
renewals thereof, and no longer.
b. No merchandise not described in the inventory shall be added
to or included with that specified in the inventory
furnished with the application and offered for sale at the
sale. Each sale of merchandise not included in the
inventory shall constitute a separate violation of this
condition.
.
-5-
.
.
.
c.
The sale shall be advertised and conducted in the name of
the licensee only and no reference to the reasons for the
sale shall be advertised unless the reasons shall be in
confonmity with those stated in the application and shall be
applicable to the licensee at the time of such
advert i sement.
d. The license to conduct such sale shall be conspicuously
displayed during the duration of the sale near the entrance
to the premises where the sale is being held.
e. A duplicated original of the application and inventory
pursuant to which such license was granted, shall be
available at the premises where the sale is being held to
the City Administrator, and the licensee shall penmit him to
examine all merchandi se on the premi ses for conpari son wi th
sUch inventory.
f. At the close of business each day there shall be noted on
the inventory attached to such duplicate original
application the items disposed of during such day.
g. Sui table books and records shall be kept by the licensee and
shall be available at all times to the officers and agents
of the department of licenses and consrnner services.
h.
No advertisement shall contain any assertion, representation
or statement of fact which shall be untrue, deceptive or
misleading as to the ownership of such merchandise, the
source from which it was obtained, the quantity, nature,
condition or quality thereof, or the value or price thereof,
or the savings or discounts offered with respect thereto,
and, if any price conparisons or percentages of savings or
discounts are quoted in any advertisement, such savings or
discounts shall be conputed upon the prices stated in the
inventory with respect to the items referred to in such
advertisement; provided, however, that no conparison in
either general or specific tenus shall be made in any such
advertisement with respect to either the regular wholesale
or regular retail prices of any merchandise unless the
regular wholesale or regular retail price of such
merchandise so referred to is stated in the inventory
attached to such application.
i.
The licensee shall forthwith at the conclusion of any such
sale file with the City Administrator a true inventory of
all merchandise, if any, then remaining unsold.
-6-
.
.
.
307.12 Licensee to Refrain From Similar Business for Six Mbnths.
No person who has conducted a sale under this chapter shall
engage in the same type of business at a location within a
distance of one-half mile measured from front entrance of
previous place of business within a period of one (1) year after
the termination date of the sale licensed under this chapter.
307.13 Legal Sales Excepted. The provisions of this chapter
shall not apply to the advertisement or conduct of sales by
sheriffs, constables, marshals or other public or court officers
in the performance of their official duties as such, or to
trustees in bankruptcy, or any other person or persons acting
under the direction or authority of any court, state or federal,
selling merchandise in the course of their official duties.
307.14 Violation. Any person violating the provisions of this
Chapter shall be guilty of a misdemeanor.
Section 2. This ~dinance shall be in full force and effect from and
after its passage and publication.
AOOPrED BY 1HE CI'lY CDUNCIL of the Ci ty of Shorewood, Minnesota, this 28th
day of September, 1987.
Robert Rascop, lV.Iayor
ATTEST:
Sandra L. Kennelly, Ci ty Clerk
-7-
."
ORDINANCE 00. 202
. AN ORDINANCE .AMENDING 0IAPl'ER 901 OF '!HE
S~ CI1Y aDE, PROVIDING Fat '!HE RENAMING OF CERl'AIN STREETS
IN '!HE CI1Y OF S~
'!HE CI1Y CDUNCIL OF '!HE CI1Y OF SH.:lRE.WXD, MINNEsarA, ORDAINS:
Section 1. Olapter 901 of the Shorewood City Code is hereby amended by
adding a new section to read as follows:
SECl'IOO 901.05. STRElIT NAMING AND RENAMING.
Subd. 4. The following public streets have been renamed as
follows:
Street Name Olanged From:
To Newly Designated Name:
Daniel's Circle located in
S 1/2, S32, Tl17, R23
Maple Leaf Circle
David's Court located in
S 1/2, S32, Tl17, R23
Burlwood Court
.
AOOPrED BY '!HE CI1Y CDUNCIL of the Ci ty of Shorewood, Minnesota, this
26th day of October, 1987.
Robert Rascop, Mayor
ATrEST:
Sandra L. Kennelly
Ci ty Clerk
.
.
ACCEPTANCE OF ORDINANCE NO. 203
.
CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA
KNOW ALL MEN BY THESE PRESENTS: That
WHEREAS, the City Council of the City of Shorewood, Hennepin County, Minnesota on
the 14 day of December, 1987, passed and adopted Ordinance No. 203 entitled:
AN ORDINANCE GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, PEHMISSION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN IN THE CITY OF SHOREWOOD,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES,
POLE LINES AND FIXTURES AND APPURTENANCES, FOR THE
FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS
INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS
AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES.
which Ordinance was duly published according to law on the 28 day of December, 1987, in
Exce1siorjShorewood Sailor, a newspaper printed and published in the City of Edina,
County of Hennepin, and State of Minnesota;
. NOW THEREFORE, Northern States Power Company, a Minnesota Corporation for itself and its
successors and assigns, does hereby accept all the terms and conditions of said Ordinance.
IN WITNESS WHEREOF, Northern States Power Company has caused these presents to be executed
in its corporate name by ~~ duly authorized persons and its corporate seal to be hereto
affixed this ' ('"' day of
Witness:
And
'..".;}
/
I'
.
~i...
'~
'.
ORDINANCE NO. 203
.
CITY OF SHOREWOOD, HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER
COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN IN THE CITY OF SHOREWOOD,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND
TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE
LINES AND FIXTURES AND APPURTENANCES, FOR THE
FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS
INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS
AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, HENNEPIN COUNTY,
MINNESOTA, DOES ORDAIN:
SECTION 1. ~~f!n!!!Qn~
~YQg.:-!. In this Ordinance "City" means the City of Shorewood,
County of Hennepin, State of Minnesota.
~YQg..!..~. "City Utility System" refers to the facilities used for providing
any public utility service owned or operated by City or agency thereof,
including sewer and water service.
.
~YQg.:-~. "Company" means Northern States Power Company, a Minnesota
corporation, its successors and assigns.
~YQg..!.._~. "Notice" means a writing served by any party or parties on any
other party or parties. Notice to Company shall be mailed to the Division
General Manager thereof at P.O. Box 10, Excelsior Minnesota, 55331.
Notice to city shall be mailed to the City Clerk.
~YQg..!..-2. "Public grounds" means city parks and squares as well as land
held by the City for the purpose of open space.
~YQg..!.._Q. "Public ways" means streets, avenues, alleys, parkways, walkways
and other public rights of way within the City.
SECTION 2. gnmLQf F!:~cbis~
City hereby grants Company, for a period of 20 years from the date hereof,
the right to transmit and furnish electric energy for light, heat, power and
other purposes for public and private use within and through the limits of City
as its boundaries now exist or as they may be extended in the future. For these
purposes, Company may construct, operate, repair and maintain electric
distribution system and electric transmission lines, including poles, pole
lines, duct lines, fixtures, and any other necessary appurtenances in, on, over,
under and across the public ways and public grounds of City. Company may do all
reasonable things necessary or customary to accomplish these purposes, subject,
however, to the further provisions of this franchise.
.
1
'.
'.
SECTION 3. R~!!ri~!ion!
.
~~g~_l. Company facilities included in such electric distribution system,
transmission lines and appurtenances thereto, shall be located and constructed
so as not to interfere with the safety and convenience of ordinary travel along
and over said public ways. Company's construction, operation, repair,
maintenance and location of such facilities shall be subject to such reasonable
regulations as may be imposed by City pursuant to charter, ordinance or statute.
~:!:!~g~_g. Except in the event of an emergency, Company shall not construct
any new installations within or upon any public grounds, or construct, repair or
replace any electric facilities beneath the paved surface of any public way,
without receiving the prior written consent of an authorized representative of City
for each installation.
~:!:!~g~_~. Company shall provide field locations for all its underground
facilities when requested by City within a reasonable period of time. The
period of time will be considered reasonable if it compares favorably with the
average time required by the cities in the County to locate municipal
underground facilities for Company. ("County" refers to the County in which
City is located.)
SECTION 4. !re~ Trimming
.
Company is also granted the permission and authority to trim all trees and
shrubs in the public ways and public grounds of City interfering with the proper
construction, operation, repair and maintenance of any poles, pole lines, and
fixtures or appurtenances installed in pursuance of the authority hereby
granted, provided that Company shall save City harmless from any liability in
the premises.
SECTION 5. ~~ryi~~R~!~!
The service to be provided and the rates to be charged by Company for
electric service in City are subject to the jurisdiction of the Public Utilities
Commission of this State or its successor agency.
SECTION 6. R~locating
~~g~l. Whenever City shall grade, regrade or change the line of any
public way, or construct or reconstruct any City utility system therein and
shall, in the proper exercise of its police power, and with due regard to
seasonable working conditions, when necessary order Company to relocate
permanently its lines, services and other property located in said public way,
Company shall relocate its facilities at its own expense. City shall give
Company reasonable notice of plans to grade, regrade or change the line of any
public way or to construct or reconstruct any City utility system therein.
However, after Company has so relocated, if a subsequent relocation or
relocations shall be ordered within five (5) years from and after the first
relocation, City shall reimburse Company for such non-betterment relocation
expense which Company may incur on a time and material basis; provided, if
subsequent relocations are required because of the extension of City utilities
to previously unserved areas, Company may be required to relocate at its own
expense at any time.
.
2
. .
.
~~~Q~g. Nothing contained in this franchise shall require Company to
relocate, remove, replace or reconnect at its own expense its facilities where
such relocation, removal, replacement or reconnect ion is not of necessity in the
construction or reconstruction of a City utility system or extension thereof.
~~~Q~~. Any relocation, removal, or rearrangement of any Company
facilities made necessary because of the extension into or through City of a
federally aided highway project shall be governed by the provisions of Minnesota
Statutes Section 161.46 as supplemental or amended; and further, it is expressly
understood that the right herein granted to Company is a valuable property right
and City shall not order Company to remove or relocate its facilities without
compensation when a public way is vacated, improved or re-aligned because of a
renewal or a redevelopment plan which is financially subsidized in whole or in
part by the Federal Government or any agency thereof, unless the reasonable
non-betterment costs of such relocation and the loss and expense resulting
therefrom are first paid to Company.
~~~Q~i. Nothing contained herein shall relieve any person, persons or
corporations from liability arising out of the failure to exercise reasonable
care to avoid injuring Company's facilities while performing any work connected
with grading, regrading, or changing the line of any public way, or with the
construction or reconstruction of any City utility system.
SECTION 7. !nQ~!f!~~~!Qn
.
Company shall indemnify, keep and hold City free and harmless from any and
all liability on account of injury to persons or damage to property occasioned
by the construction, maintenance, repair or operation of Company's electric
facilities located in, on, over, under, or across the public ways and public
grounds of City, unless such injury or damage grows out of the negligence of
City, its employees, or agents, or results from the performance in a proper
manner of acts reasonably deemed hazardous by Company, but such performance is
nevertheless ordered or directed by City after notice of Company's
determination. In the event a suit shall be brought against City under
circumstances where the above agreement to indemnify applies, Company at its
sole cost and expense shall defend City in such suit if written notice thereof
is promptly given to Company within a period wherein Company is not prejudiced
by lack of such notice. If such notice is not reasonably given as hereinbefore
provided, Company shall have no duty to indemnify nor defend. If Company is
required to indemnify and defend, it will thereafter have complete control of
such litigation, but Company may not settle such litigation without the consent
of City, which consent shall not be unreasonably withheld. This section is not,
as to third parties, a waiver of any defense or immunity otherwise available to
City; and Company, in defending any action on behalf of City shall be
entitled to assert in any action every defense or immunity that City could
assert in its own behalf.
.
3
.,
.
SECTION 8. Y!!f:!!!iQn of PyQ!if:~!!n
The City shall give the Company at least two weeks' prior written notice
of a proposed vacation of a public way. Except where required solely for a
City improvement project, the vacation of any public way, after the
installation of electric facilities, shall not operate to deprive Company of
its rights to operate and maintain such electrical facilities, until the
reasonable cost of relocating the same and the loss and expense resulting
from such relocation are first paid to Company. In no case, however, shall
City be liable to the Company for failure to specifically preserve a right-
of -way , under Minnesota Statutes, Section 160.29.
SECTION 9. ~ri!!~~_~f:f:~E!~f:~
Company shall, if it accepts this ordinance and the rights and obligations
hereby granted, file a written acceptance of the rights hereby granted with the
City Clerk within ninety (90) days after the final passage and any required
publication of this ordinance.
SECTION 10. frQyi!iQ~!_Q~Qrgi~~f:~
.
Every section, provision, or part of this ordinance is declared separate
from every other section, provision or part; and if any section, provision or
part shall be held invalid, it shall not affect any other section, provision or
part. Where a provision of any other City ordinance conflicts with the
provisions of this ordinance, the provisions of this ordinance shall
prevail.
SECTION 11. fyQ!if:!!!iQ!Lg~~~!~
The expense of any publication of this franchise ordinance required by law
shall be paid by Company.
SECTION 12. g:!:f~f:!iy~_!!!!!~
This ordinance is effective as provided by statute or charter, and upon
acceptance by Company as provided in Section 9.
Passed and approved:
December 14
, 19JU
~~~~-------
Mayor
Attest:
~--
City Clerk
.
~....v... /.
'J
4