Pub of Ordinances 138-150•
LADE MINNETONKA SUN
AFFIDAVIT OF PUBLICATION
SOUTH SHORE EDITION
409 2nd Street
State of Minnesota
County of Hennepin
Excelsior, Minnesota
(Official Publication)
ORDINANCE NO. 150
AN ORDINANCE AMENDING
ORDINANCE NO. 771N THE CITY
OF SHOREW D
An ordinance N �rdtnance
N0' 77' tba Ci being
an or�i oce of pro -
m0tinr -6ea er, con -
venlen pros k al wel -.
fare, by tiegulati4n a of land,
location, area, size, u height of
buildings on lots and " ensity of
population in the City of Sborewood,
Minnesota.
City Council of the. City of
Shorewood does ordain:
Section 1. Ordinance No 77, Section
25, Subd. 3, shall. be amended by
adding the following:
"C. Telephone- switching station
and accessory communication anten-
na, provided:
1. That the site shall be landscaped
with low maintenance plant ma-
terials.
2. That any building shall be of
decorative masonry construc-
tion.
3. That the facility shall not in-
terfere with other communica-
tion systems.
4. That no signap is allowed.
5. That the facility shall comply
with requirements of Section 7 of
this Ordinance."
Section 2. This Ordinance shall be
effective from and after its passage
and publication. i
ADOPTED BY THE rCITY "COUN-
CIL OF THE CITY OF
SHOREWOOD, this 24th day of Octo-
ber, 1983. '
ROBERT RASCOP
Mayor
ATTEST:
SANDRA L. KENNELLY
City Clerk
(Dec. 7, 1983) -LAKE
D. K. MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The Lake Minnetonka Sun -South Shore
Edition and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the
English language in newspaper format and in column and sheet form equivalent in printed space to at
least 900 square inches. (2) Said newspaper is weekly and is distributed at least once every week. (3) Said
newspaper has Soy of its news columns devoted to news of local interest to the community which it
purports to serve and does not wholly duplicate any other publication and is not made up entirely of
patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the
municipalities which it purports to serve, has at least 500 copies regularly delivered to paying
subscribers, has an average of at least 75% of its total circulation paid or no more than three months in
arrears and has entry as second -class matter in its local post- office (5) Said newpaper purports to serve
Carver County and the Cities of Excelsior, Deephaven, Shorewood, Greenwood, Woodland and Tonka
Bay in Hennepin County and it has its known office of issue in the City of Excelsior in Hennepin County,
established and open during its regular business hours for the gathering of news, sales of advertisements
and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its
employ and subject to his direction and control during all such regular business hours and devoted
exclusively during such regular business hours to the business of the newspaper and business related
thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7)
Said newspaper is made available at single or subscription p riecs to any person, corporation,
partnership or other unincorporated association requesting the newspaper and making the applicable
payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding
the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State
of Minnesota prior to January 1, 1966 and each January I thereafter an affidavit in the form prescribed
by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a
notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed Ordinance `10, 1 50
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, for QIlesuccessive weeks;
that it was first so published on Wed the day of Dec , 19 83
and was thereafter printed and published on every to and including
the day of _, 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit:
obedefghijklinnopgrstuvwxyz
t
Subscribed and sworn to before me this 7 day of Dec , 19 83
. r it f o SITE j
k
I1 tiy
j !Y L, 1936
ORDINANCE NO.
AN ORDINANCE AN1MING ORDINANCE NO. 77 IN THE CITY OF SHOMOOD BEING AN
ORDINANCE FOR THE PURPOSE OF FFO WING HEALTH, SAFETY, ORDER, CONVENIENCE,
PROSPERITY AND COAL WELFARE BY FEM ATING THE USE OF LAND, THE LOCATION
AREA, SIZE AND USE AND HEIGHT OF BUILDINGS ON LOTS AND THE rENSITY OF POP
ULA CN IN THE CITY OF SHOREWOOD, IOTA.
The City Council of the City of Shorewood, does ordain:
Section 1. Ordinance No. 77, Section 11, Subdivision 6. Yard and Frontage
j Limitations Not Applicable, is hereby amended to include the following:
"E. Allowable Rear Yard Encroachments. In addition to the provisions
set forth in A. through D. of this Subdivision, the mi.nimLan rear yard
setback for swimming pools shall be sixty (60) percent of that which is
re for the zoning district in which the pool is located. Rear
i yard setbacks for lake shore lots shall be as provided in this Section."
Section 2. This Ordinance shall be effective fran and after its passage
and publication.
tP
ADO by the City Council of the City of Shorewood this j 2 "' day of
1983
Robert Rascop, Mayor
i
ATMK
I
Sandi L. Kennelly, Clerk
i
i
i
ORDINANCE NO.
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.R.D., Planned Unit
Residential Development District, property described
as: "Boulder Bridge Farm."
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
13th day of June 1983.
Robert Rascop, Mayor
ATTEST:
ity.Clerk
1-0
0
ORDINANCE NO. /7"7
•
AN.ORDINANCE AMENDING ORDINANCE NO. 53, AN ORDINANCE REGULATING
THE USE OF VEHICLES AND OF HIGHWAYS WITHIN THE CITY OF
SHOREWOOD INCORPORATING PROVISIONS OF THE STATE HIGHWAY TRAFFIC
REGULATION ACT BY REFERENCE AND IMPOSING A PENALTY FOR
VIOLATION THEREOF.
The City Council of the City of Shorewood ordains:
Section 1: That Ordinance No. 53 be amended by adding Section
6B, Fishing on Bridges.
"Section 6B. Use of Bridges
No person shall use any part of or be or stand
on any public or private street or highway,
bridge or railroad bridge for the purpose of
fishing, diving, jumping, and swimming therefrom."
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 8th
day of August, 1983
Robert Rascop, Mayor
ATTEST:
r4o WINE, F, - 0, - - Mw�
ORDINANCE NO.
AN ORDINANCE ESTABLISHING AND REGULATING ALARM SYSTEMS,
ISSUANCE OF PERMITS AND PROVIDING A PENALTY FOR VIOLATION
THEREOF IN THE CITY OF SHOREWOOD
The City Council of the City of Shorewood ordains:
SECTION 1. STATEMENT OF POLICY The City of Shorewood deems
it necessary to provide for the regulations of alarm systems
which are designed to signal the presence of a hazard
requiring urgent attention to which public safety personnel
are expected to respond, in order to protect the public
health, safety and welfare.
The City Council finds that the regulation of alarms
is necessary in order to reduce the increasing frequency of
false alarms in the City. The great number of and increasing
frequency of these false alarms requires intensive, time
consuming efforts by the Department of Public Safety and
thereby distracts from and reduces the level of services
available to the rest of the community. This diminishes the
ability of the City to promote the general health, welfare and
safety of the community. In consideration for the necessity
on the part of the City to provide numerous public safety
services to all segments of the community, without an undue
concentration of public services in one area to work to the
detriment of members of the general public, it is hereby
decided that the alarm systems shall be regulated through the
permit process described below.
SECTION 2. DEFINITIONS As used herein, unless otherwise
indicated, the following terms are defined as follows:
Subd. a. "Alarm System" shall mean an assembly of
equipment and devices (or a single device such as a solid
state unit) arranged to signal the presence of a hazard. For
the purposes of this ordinance, the alarm, when triggered,
must be directly connected to a central monitoring agency
which then notifies the police and /or fire departments of an
emergency to which public safety personnel must respond, or
may emit an audible signal which will require urgent attention
and to which public safety personnel are expected to respond.
Subd. b. "Alarm User" shall mean the person, firm,
partnership, association, corporation, company or organization
of any kind on whose premises an alarm system is maintained.
"Alarm User" shall include persons occupying dwelling units
for residential purposes. "Alarm User" shall not include
persons maintaining alarm systems in automobiles.
is
Subd. c. "False Alarms" shall mean the activation
of an alarm system through mechanical failure, malfunction,
• improper installation, or the negligence of the ower or lessee
of an alarm system or of his employees or agents. It does not
include activation of the alarm by utility company power
outages or by climatic conditions such as tornadoes,
lightning, earthquakes, other violent conditions of nature, or
any other conditions which are clearly beyond the control of
the alarm manufacturer, installer or owner.
Subd. d. "Person" shall mean any individual,
partnership, corporation, association, cooperative or other
entity.
Subd. e. "Calendar Year" shall mean the period
January 1 through December 31 of each year.
SECTION 3. PERMITS AND EXEMPTIONS
Subd. a. Permits. Effective July 15, 1983, every
alarm user who, during the course of a calendar year, incurs
more than three (3) false police alarms, or more than one (1)
false fire alarm shall be required to obtain an alarm user
permit.
Subd. b. Review of Permit. The Public Safety
Department shall review the issuance of all alarm permits.
• Subd. c. Process for Issuance of Permit. Upon
receipt and determination of the fourth false police alarm
report, or the second false fire alarm report at an address,
the Public Safety Department, after review, shall notify the
City Clerk who shall then assess the alarm user for an alarm
user's permit. The assessment invoice shall be sent by
certified mail. The alarm user must submit the required
permit fee to the City Clerk within ten (10) working days
after receipt of the assessment invoice in order to continue
to use his alarm system. Any subsequent false police or fire
alarms at that address shall automatically revoke that permit
and the process must then be repeated. This process shall be
repeated for each and every false alarm in excess of three (3)
false police alarms and in excess of one (1) false fire alarm
during each calendar year.
Subd. d. Duration of Permit. All permits, unless
otherwise revoked, will expire at the end of each calendar
year.
Subd. 3. Exemptions. The provisions of this
chapter are not applicable to audible alarms affixed to
automobiles.
•
SECTION 4. REQUIREMENTS AND DUTIES
• Subd. a. False Alarm Reports. The Public Safety
Department may, at its discretion, require a false alarm
report to be filed by the alarm user with the Public Safety
Department, within a time period to be specified by the Public
Safety Department. If the Public Safety Department determines
that a false alarm has occurred at an address, the alarm user
at that address may submit a written report to the Public
Safety Department to explain the cause of the alarm
activation. If the Public Safety Department determines that
the alarm was caused by conditions beyond the control of the
alarm user, the alarm will not be counted as a false alarm
at that address.
Subd. b. "False Alarms" will be excused if they are
the result of an effort or order to upgrade, install, test, or
maintain an alarm system and if the Public Safety Department
is given notice in advance of said upgrade, installation, test
and maintenance.
SECTION 5. PROHIBITIONS
Subd. a. "Alarm Systems Utilizing Taping or
Prerecorded Messages." No person shall install, monitor, or
use and possess an operative alarm which utilizes taped or
prerecorded messages which deliver a telephone alarm message
. to the police or fire department.
SECTION 6. PERMIT FEES
Subd. a. The fee for alarm user's permits shall be:
Police - Fifty Dollars ($50.00); Fire - One hundred fifty
Dollars ($150.00).
Subd. b. Alarm user's permits shall expire on the
last day of each calendar year. Alarm user's permits shall
not be required in the next calendar year until there are more
than three (3) false police alarms or more than one (1) false
fire alarms reported at the alarm user's address during the
next calendar year.
SECTION 7. REVOCATION AND SUSPENSION OF PERMIT
Subd. a. Basis for revocation or suspension. In
addition to the automatic revocation process described in
Section 3, the Public Safety Department may suspend or revoke
any alarm user permit issued pursuant to this ordinance if the
Public Safety Department finds that any of the following
occur:
1. That any provision or condition of this
ordinance has been violated by an alarm
user or his agents;
2. That an alarm system has actuated an ex-
cessive number of false alarms;
3. That the alarm user has knowingly made
false statements in or regarding his
application for an alarm user's permit;
4. That the alarm user has failed to correct
or remove, within a reasonable period,
violations of this ordinance after
receipt of notice to do so;
5. That the continued effectiveness of the
alarm user permit, constitutes a sub-
stantial threat to the public peace,
health, safety or welfare.
All alleged violations defined above shall be
investigated by the Public Safety Department. The alarm user
shall be given notice of the proposed revocation of suspension
and be provided an opportunity to informally present evidence
to the Public Safety Director prior to the final decision on
revocation or suspension. Anyone aggrieved by the decision of
the Public Safety Director may appeal that decision to the
City Council.
• SECTION 8. CRIMINAL PENALTIES
Subd. a. Any alarm user who continues to use an
alarm system after receiving notice of revocation or
suspension by the Public Safety Department shall be guilty of
a misdemeanor, and upon conviction thereof, shall be
punishable by a fine of not more than five hundred dollars
($500.00) and by imprisonment not to exceed ninety (90) days.
SECTION 9. 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.
This Ordinance shall become effective from and after
its passage of publication according to law.
4DOPTED BY T CITY COUNCIL OF THE CITY OF SHOREWOOD
THIS _ DAY OF nj NC , 1983.
• Robert Rascop, Mayor
ATTEST.
, ty clerk
tea, /
ORDINANCE NO. /40
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 is hereby amended by including
within the C -1 Zoning District property described as: Lot 26,
and that part of Lot 23, Auditor's Subdivision No. 141, Hennepin
County, Minnesota lying West of the East line of said Lot 26
extended northerly; except the South 910.00 feet of said Lot 26."
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 o� 7
• day of �t c,ryb 1983
Robert Rascop, Mayor
ATTEST*
andra L. Kennelly, "Clerk
41
0 ORDINANCE NO. �7`T
j
AN ORDINANCE AMENDING ORDINANCE NO. 77 IN THE CITY OF SHOREWOOD
An ordinance amending Ordinance No. 77 in the City of
Shorewood, being an ordinance for the purpose of promoting the
health, safety, order, convenience, prosperity, general
welfare, by regulation of the use of land, location, area,
size, use, and height of buildings on lots in the density of
population in the City of Shorewood, Minnesota.
City Council of the City of Shorewood does ordain:
Section 1. Ordinance No. Section 4, Subd. .6,
shall be amended by adding the following definition:
"SELF STORAGE FACILITY. Any facility that is
designed and used for the purpose of renting or leasing an
individual storage space within the facility for the purpose of
storage only. Such facilities are different from public
warehouses in that the public has access to their storage space-
for the purpose of storing and removing personal property and
the owner does not issue a warehouse receipt, bill of lading,
or other document of title, for the personal property stored in
the storage space."
Section 2. That Ordinance No. 77, Section 23, Subd.
2, be amended by deleting B in its entirety.
Section 3. That Ordinance No. 77, Section 23, Subd.
3B, be amended to read as follows:
"B. Self - Storage Facility as defined in this
Ordinance provided that:
1. The property is screened and landscaped in
accordance with a landscape plan approved by the City Council.
2. The entire facility is located within a
complete enclosure. Such enclosure shall conform to applicable
City codes and ordinances."
• security gate." 3. The access to the facility shall be by a
4. The hours of operation shall be limited to 7
a.m. to 10 p.m., Sunday through Thursday, and 7 a.m. to 12
midnight, Friday and Saturday.
5. The lighting shall be hooded and so directed
so that it is not visible from the public right -of -way and any
abutting residential district.
6. The structures shall conform to height
restrictions of the C -1 District. In addition, all structures
within 50 feet of any property line shall be limited to one
story or 15 feet, whichever is less.
7. The storage is confined to enclosed
permanent structures.
8. The use of all structures shall be limited
to storage only. No retail service businesses or workshops
shall be allowed. Each facility shall have one residential
dwelling unit to be used only by a resident, caretaker, or
manager.
• 10. The entire area, other than occupied by the
buildings or plantings, shall be surfaced with material which
will control dust and drainage and is subject to the approval
of the City Engineer.
11. The number of off - street parking spaces
shall not be less than six. No on- street parking shall be
allowed.
12. Loading areas shall be located entirely
within the site which will be designed so as not to require
backing in from a public street.
13. The applicants shall provide a performance
bond or letter of credit to assure completion of the facility
in accordance with the plans and specifications approved by the
City Council. The amount of the bond shall be established by
the City Council at the recommendation of the City staff."
Section 4. This Ordinance shall be effective from
is and after the passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD
THIS � DAY OF 1983.
Robert Rascop, Mayor
ATTEST:
City Clerk
•
0
i
ORDINANCE NO.
AN ORDINANCE REGULATING THE MOVING OF BUILDINGS
AND PROVIDING FOR LICENSES, PERMITS AND FEES THEREFOR
AND PROVIDING A PENALTY FOR VIOLATION THEREOF
IN THE CITY OF SHOREWOOD', COUNTY OF HENNEPIN, STATE OF MINNESOTA
The City Council of the City of Shorewood ordains as follows:
S ECTION 1 . 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 present number, the words in
the singular number include the future, words in the plural number
include the present number, and words in the singular number include
the plural number. The word "shall" is always mandatory and not
merely directory.
(1) "Building" is a any structure used or intended for
supporting or sheltering of any use or occupancy.
(2) "Building official" is the Building Official for the
City of Shorewood.
(3) "City is the City of Shorewood.
(4) "Person" is any individual, firm, partnership,
association, corporation, company or organization of any kind.
(5) "Removal location is any location in the City of
Shorewood to which a building may properly be moved and on which such
building may properly be located after such moving under the
provision of this ordinance.
(6) "Planning Commission" is the Planning Commission of
the City of Shorewood.
SECTION 2 . HOUSE MOVERS TO BE LICENSED. No person shall move,
remove, raise, or hold up any building within the limits of the City
of Shorewood unless such person shall be licensed by the City of
Shorewood to engage in such occupation.,
Upon-the filing of an application for a license, the same
shall be referred to the Building Official and the Planning
Commission of said City and they shall make full investigation of the
qualifications of the applicant to carry on the work of moving,
raising and holding up buildings and report their findings thereon to
the City Council. Upon such report filed with the City Council, and
the execution of the bond as required herein and its acceptance by
the City Council, such license may be granted or refused at the
discretion of the City Council. No such license shall be granted to
any person less than twenty -one (21) years of age.
- The -fee for each license is one hundred fifty dollars
($150.00) per annum, which fee s ha ll be paid. at the time of the
f i 1 • non f�rJ J � At * f vcb 1,
SECTION 3 . INSURANCE AND BOND REQUIRED. No license shall be issued
unless and until the applicant shall first file with the City Clerk m
policy or policies of insurance insuring such applicant against
liability imposed by law in the limits of $300,000 because of bodily
injury or death of one person per accident,
$1,000,000 because of
bodily injury to 0 r death of two or more persons per accident, and
$100,000 property damage liability per accident. Such policy shall
provide that it may not be cancelled by the insurer except upon
notice to the City. In case of cancellation of such insurance such
license shall be suspended automatically until such insurance has
been replaced.
SECTION 4 . EXPIRATION OF LICENSE. Each such license shall terminate
the 31st day of December next succeeding the issuance of the same,
unless sooner revoked or forfeited, and shall not be transferable of
assignable.
SECTION 5 . REVOCATION OF LICENSE. Upon presentation to the City
Council of satisfactory proof that any such licensee has proven
incompetent to properly carry on such work on moving, raising, or
holding up building or has proceeded with any such work in such a
manner as to endanger people or property or upon convictions for
failure t comply with this or related ordinances or for other good
cause, the City Council may revoke such license.
SECTION 6. PERMITS REQUIRED.
a. No licensed person shall move any building over, along.
or across any highway, street or alley in the City without first
obtaining a permit from the Building Official and all other
appropriate governmental agencies and utility companies.
b. No permit shall be granted until the party applying
therefor shall also have given a bond in the sum of Twenty -Five
Thousand ($25,000) dollars with good and sufficient sureties to be
approved by the City Council; and conditioned that said party will
save and indemnify, and keep harmless, the City against all
liabilities, judgments, costs and expenses, which in any ways accrues
against said City as a- consequence of the granting of such license or
permit, including the cost of the City for the services of public
utility maintenance men necessitated by the moving of any building,
and will in all things strictly comply with the provisions of this
ordinance and with the conditions of any and all permits which may be
issued to them thereunder.
SECTION 7 . APPLICATION. A person seeking issuance of a permit here
under shall file an application, for such permit with the Building
Official.
(1) Form. The Application shall be made in writing upon
forms provided by the Building Official, and shall be filed in the
office of the Building Official.
(2) Contents. The application shall set forth:
(a) A description of the building, proposed to be
moved, giving street number, construction materials, dimensions,
number of rooms and condition of exterior and interior and four (4)
photographs, showing ground and street elevations for all sides of
the building.
(b) A legal description of the premises from which
the building is to be ` removed;
(c) A legal description of the premises to which it
is proposed such a building is to be moved;
(d) The portion of the premises to be occupied by the
building when moved if located in the City;
(e) The highways, streets and alleys over, along or
across which the building is proposed to moved;
(f) Proposed moving date and hours;
f°x.a awn
in
- k 1
Official shall find necessary to maze a ..,:_�.___.. `'►
a permit should be issued.
(h) Such application for a permit shall be made at
least thirty (30) days prior to the proposed moving date in order to
allow the Building Official to make the inspection required.
(3) Accompanying Papers
(a) Tax Certificate. The owner of the building to be
moved shall file with the application sufficient evidence that the
building and lot from which it is to be removed are free of any
-2-
entanglements and that all taxes and any other charges against the
same are paid in full.
(b) Certificate of Ownership or Entitlement. The
applicant shall file with the application a written statement or bill
of sale or other sufficient evidence that he is entitled to move the
building.
(4) Fee.. 'The application shall be accompanied by a permit,
fee in the amount as set by Council resolution from time to time,
plus a sufficient sum, as estimated by the Building Official, to
cover all other charges required under the terms of this or any other
ordinance of the City.
SECTION 8 . DEPOSIT FOR EXPENSE TO- CITY. Upon receipt of an
application it shall be the duty of the Building Official to procure
an estimate of the expense that will be incurred in removing and
replacing any electric wires, street lamps, pole lines belonging to
the City or any other property in the City, the removal and
replacement of which will be required by reason of the moving of the
building through the City, together with the cost of materials to be
used in making such removals or replacements. Prior to issuance of
the permit the Building Official shall require of the applicant a
deposit of a sum of money equal to twice the amount of the estimated
expense.
• SECTION 9 . LETTER OF CREDIT. In order to provide the City with the
necessary security to insure that the owner corrects the deficiencies
noted by the Building Official and meets all requirements relating to
the moving permit within the 90 day period the owner requesting the
permit shall obtain and file with the City a letter of credit in the
amount as determined by the Building Official to be one and half
times the estimated cost to correct all deficiencies in the building.
No Certificate of Occupancy shall be issued for the building until it
complies in all respects with the City ordinances and State Building
Code,
SECTION 10. DUTIES OF BUILDING OFFICIAL
(1) Inspection: Upon receipt of a completed application
to move a building to a removal location in the City of Shorewood the
Building Official shall inspect the building wherever located and the
equipment to be used to move the building to determine whether the
building substantially complies with all City Ordinances and
equipment meets the standards for removal to the City of Shorewood,
or whether any of the reasons for denial listed under Section ll-(2)
are present.
(2) Report to the Planning Commission. Following the
inspection the Building Official shall report his findings to the
Shorewood Planning Commission,
SECTION 11 . DUTIES OF THE PLANNING COMMISSION
(1) Recommendation to City Council. The Planning
Commission shall receive the report of the Building Official and
shall make their recommendation to the City Council either approve,
deny, or conditionally approve said application.
(2) Reasons for Denial. Based upon the findings of the
1 Gtf4.Q1_1, the .Flannirj9 Commissio._n shall recommend denial of
the permit application for any of the following Ledsuns:
(a) That any application requirement or any fee or
deposit requirement has not been complied with;
(b) That the building is too large to move without
endangering persons or property in the City;
- -- a
i
(c)
Than the building is in such a state of
deterioration or disrepair or is otherwise so structurally unsafe
that it could not be moved without endangering persons and property
in the City;
(d) That the building is structurally unsafe or unfit
for the purpose for which moved, if the removal location is in the
City;
(e) That the applicant's equipment is unsafe and that
persons and property would be endangered by its use;
(f) That zoning or other ordinances of the City would
be violated by the building in its removal location.
(g) That for any reason persons or property in the
City would be endangered by the moving of the building.
(h) That the building in its removal location would
fail to comply in any respect with any provision of any ordinance of
the City or, in the alternative, that proper assurance of such
compliance have, or have not been given.
(i) That the building is not in substantial
compliance with the City Building Ordinances and the State Building
Code.
SECTION 12 . DECISION OF CITY COUNCIL. Based upon the recommendation
- of the Planning Commission, the City Council shall approve, deny, or
conditionally approve the permit application.
SECTION 13 . FEES AND DEPOSITS.
(1) Deposit. The Building Official shall deposit all fees
and deposits, with the City in the same manner as all other receipts
to the City of deposited.
(2) Return Upon Non- issuance. In the event that the City
Council does not issue a permit to applicant, the Building Official
shall return to the applicant all deposits, bonds, insurance policies
and letter of credit. - Permit fees filed with the application shall
not be returned,
(3) Return Upon Allowance For Expense. After the building
has been removed, the Building Official shall furnish the City Clerk
with a written statement of all expenses incurred in removing and
replacing all property belonging to the City and of all material used
in the making of the removal and replacement together with a
statement of the damages caused to or inflicted upon property in the
City. The City Clerk, or his deputy, shall authorize the Building
official to return to the applicant all deposits after the deduction
of a sum sufficient to pay for all of the costs and expenses and for
all damage done to property in the City by reason of the removal of
the building. Permit fees deposited with the application shall not
be returned.
SECTION 14 . DESIGNATION OF STREETS FOR REMOVAL. The Building
Official shall procure from the City Engineer, a list of designated
street, railroad crossings and bridges over which the building may be
moved. The Building Official shall have the list approved by the
Chief of Police and shall reproduce the list upon the permit in
writing. In making their determinations, the City Engineer and the
Chief of Police shall act to assure maximum safety to persons and
property in the City and to minimize con9estion and traffic hazards
on public streets.
SECTION 15 . DUTIES OF PER2:IT'rEE. Every perimittee unuer L ,i `
ordinance shall:
(1) Use Designated Streets. Move a building only over
streets designated for such use in the written permit.
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(2) Notify of Revised Moving Time. Notify the Building
Official in writing of a desired change in moving date and hours as
proposed in the application.
(3) Notify of Damage. Notify the Building Official in
writing of any and all damage done to property in the City within 24
hours after the damage or injury has occurred.
(4) Display Lights. Cause red 'lights to be displayed on
every side of the building during the night time and red flags during
the day time while building is being moved or standing on the street,
in such manner as to warn the public of the obstruction and shall
where necessary erect and maintain barricades across the streets in
such matter as to protect the public from damage or injury by reason
of the removal of the building.
(5) Street Occupancy. The building shall not be left
parked or left standing on any street, alley, or highway in the
City.:
(6) Comply with Governing Law, Comply with the State
Building Code, the Zoning Ordinance and all other applicable
ordinances and laws upon relocating the building in the City.
(7) Pay Expense of Officer. Pay the expense of a traffic
officer, ordered by the Chief of Police, to accompany the movement of
the building to protect the public from injury at a loaded labor rate
to be determined by City Council Resolution from time to time.
(8) Clear Old Premises. Remove all rubbish and materials
and fill all excavations to existing grade at the original building
site, when located in the City, so that the premises are left in a
safe and a sanitary condition.
SECTION 16. MISCELLANEOUS CONDITIONS.
(1) Where the removal location of any building is known by
the Building Official to be subject to any restrictive convenants of
record, he shall not issue 'a permit under the provisions of this
Ordinance unless and until he is satisfied that all of the terms and
conditions of said covenants have been complied with.
(2) It is not intended by this Ordinance to interfere with
or abrogate or annul any easement, convenant or other agreement
between parties provided, however, that when this ordinance imposes a
greater or heavier restriction than is imposed or required by any
other ordinance, rule, regulation or by easement, covenants, or
agreement, the provisions of this ordinance shall control.
(3) Every applicant or permittee shall pay, in addition to
all other required fees, an additional fee of 20¢ per mile to be
traveled by the Building Inspector in making any inspection under the
provisions of this or any other ordinance of this City computed from
the City Hall to the site, location of premises where an inspection
is to be made, together with a fee at an hourly loaded rate to be
determined by City Council Resolution from time to time for the
Building Official for the time spent in connection with said
inspection.
(5) The building to be placed upon the removal location
sna 3 ue cvf« 1etGd fog o^c' -' '?` Y ' i i-hi n 90 days after the date of the
permit.
SECTION 17 ENFORCEMENT.
(1) Enforcing Officers. The Building Official, the Police
Department and the City Engineer shall enforce and carry out the
requirements of this Ordinance,
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(2) Permittee Liable for Expense above Deposit. The
permittee shall be liable for any expense, damage or costs in excess
of deposited amounts of securities, and the City Attorney shall
prosecute an action against the permittee-in a court of competent
jurisdiction for the recovery of such damages, costs or expenses.
(3) Original Premises Left Unsafe. The City shall proceed
to do the work necessary to leaving the original premises in a safe
and sanitary condition, where permi,ttee does not comply with the
requirements of this ordinance and the cost thereof shall be charged
against the General Deposit,
SECTION 18 . PENALTIES. Any person, firm or corporation violating
any of the provisions of this ordinance shall be deemed guilty of a
misdeameanor and upon conviction thereof shall be fined an amount not
to exceed $500.00 or imprisonment for a period of not exceeding
ninety days. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable
as such hereunder.
SECTION 19 . This ordinance shall take effect and be in force from
and after its passage and publication.
AdoptW by the City Council of the City of Shorewood this � day
of r; , 1983,
Mayor
ATTEST:
Clerk
ORDINANCE I40. 142
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.R.D., Planned Unit
Residential Development District, property described
as: Amesbury West.
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 Mach , 19
ATTEST:
Robert Rascop, Mayor
Sandra L. Kennelly, City Clerk
ORDINANCE NO. 141
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 R -C, Residential- Commercial
District, property described as:
Commencing at a point in East line of Lot 213 a
distance of 758.25 feet North from South line of
Southeast quarter of Northwest quarter of Section
34 thence West at right angles 160 feet thence
North parallel with said East line to Southerly
right of way of County Road #19 thence Northeasterly
on said right of way line to its intersection
with the extension North of said East line of
Lot 213 thence South to beginning including
adjacent vacant road and Lot 289 of Auditor's
Subdivision No. 135.
• Property Identification #34- 117- 23- 34 -0008"
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 March , 1983.
Robert Rascop, iayor
ATTEST:
Sandra L Kennelly, City Clerk
ORDINANCE NO.
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.
THE CITY OF SHOREWOOD ORDAINS:
Section 1. Purpose. The purpose of this ordinance is to regulate the use of, and to provide uniform
rules of conduct for City parks and recreational areas in the City of Shorewood.
Section 2. Regulation of Hours and General Rules of Conduct in City Parks and Recreation Areas.
No person in a City park or recreation area shall:
A. Enter or remain in any park between the hours of 10:30 p.m. and 6:00 a.m., unless
such person is participating in an organized activity authorized by the City of
Shorewood.
B. Set up any tent, shack, or other temporary shelter in any park, nor shall any person
leave any property including, but not limited to vehicles, campers and trailers in any
park between the hours of 10:30 p.m. and 6:00 a.m., without the written permission of
the city administrator.
C. Deface, destroy, tamper with, injure, or remove any city property including but not
limited to furniture, structures, vegetation, signs or soils.
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D. Scatter or litter the grounds of any lake, pond, or water course within or draining
into a park with any form of trash but shall place such material in the proper recep-
tacles where these are provided; where receptacles are not provided, all such trash
shall be carried away from the area by the person responsible for its presence.
E. Start a fire, except a small fire for cooking purposes in a designated area and then
only in a fire ring, grill or portable stove, or fail to fully extinguish such a fire.
F. Sell, solicit or conduct any ccm nercial enterprise unless authorized by written permit
from the City Council.
C. Paste, affix or inscribe any handbill, poster or sign or distribute handbills, circulars
or announcements of any kind for a commercial . purpose, unless authorized by written per-
mit form the City Council.
H. Gamble.
I. Use or bring alcoholic beverages including beer without a written permit issued by the
city administrator.
J. Use or bring illegal drugs.
K. Bring any glass containers.
L. If over five years of age, use any restroom or washroom designated for,use by the oppo-
site sex.'
M. Bring any firearm air rifle, BB gun, sling shot, explosives, fireworks, or devices
capable of discharging blank ammunition into any park.
N. glide, propel or use any equipment or in any public park in such a manner as to
interfere or endanger any pedestrian.
0. Appear nude, commit any nuisance or use threatening, abusive, insulting,
nhc��1 nr.jn(1rx1'nT 13r+�tao� nr r `, .�..ar •'nr'� lacrj%/tf?2 or j rrsnr rTg+ r or
do any'act which constitutes a breach of the public peace.
P. Harrass any visitor or behave in a reckless manner which would endanger any visitor's
property.
Q. Disobey any reasonable order or direction of any city employee, law enforcement officer,
or other person designated by the City Council or Park Commission to give such orders or
directions.
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Subd. 1. Animals in the Park. No person in a city park or recreation area shall:
A. Kill, trap, hunt, pursue or in any manner disturb or cause to be disturbed any wild -
life.
B. Bring any dog, cat or other animal unless caged, kept on a leash not more than six feet
in length or under control of its owner.
C. Permit an animal to disturb, harass, or interfere with or endanger any visitor or visitor's
property, or tether any creature to a tree, plant, building or park equipwnt.
D. Permit an animal to enter unauthorized areas. Unauthorized areas are active play areas,
picnic areas and park buildings.
E. Release any insect, fish, animal or other wildlife or introduce any plant, chemical or
other agent potentially harmful to the vegetation, water supply or wildlife of the area.
F. Ride a horse, except with prior approval from the City.
Subd. 2. Equipment Prohibited. No person in a city park or recreation area shall:
A. Drive or park a vehicle except an authorized or emergency vehicle on any turf or other
area not designated for parking or travel; wash, grease, dismantle, repair, change or
deposit the oil of a vehicle anywhere in a park or recreation area.
B. Operate a motorized vehicle except on marked trails during times
designated by the City Council and /or Park Cwmission.
C. Operate any watercraft within designated swimming areas.
Subd. 3. Additional rules pertaining to the use of public tennis courts. No person shall:
A. Be allowed on any tennis courts while wearing street shoes.
B. Be allowed to make use of the tennis courts except for playing tennis.
C. Use a tennis court for longer than 60 minutes when other tennis players are waiting to
use the tennis court.
Subd. 4. Additional rules pertaining to the use of waters located in city parks.
A. No person shall swim except at designated areas.
B. No person shall swim beyond buoys marking the limits of the swinming area.
C. No child under 10 years of age shall be allowed at a designated swimming area without
competent supervision.
D. Any person swimming at a public beach when a lifeguard is off duty swims at his or her
own risk.
Subd. 5. Additional rules pertaining to the use of public skating rinks:
• A. Skating areas shall be posted for "hockey" or "free skating ".
B. No hockey sticks or pucks shall be allowed in the "free skating" area.
C. No person under the age of 19 will be allowed on any skating area posted for "hockey"
unless such person is wearing protective head gear designed for the purpose of protect-
ing individuals while playing hockey.
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Subd. 6. Additional rules perL-altting tV 6m u5c vi: f:ut iC in: i iatic:i ivy'
A. The general public shall not be allowed to use or occupy any athletic field, rink or
area during those times the field, rink or area is scheduled for authorized use by the
athletic associations.
B. It shall be the responsibility of the sponsoring athletic organizations to require
participants under the age of 19 to wear proper protective equipment._
Section 3. Rules and Regulations. The City Council shall have the right to issue additional adnini-
strative rules and regulations relative to but not conflicting with this ordinance. No person shall
violate such rules or regulations and any such violation may be subject to penalties of this ordinance.
Section 4. City Fhployees. Nothing in this ordinance shall prevent City employees, including law
enforcement officers, from performing their assigned duties.
Section 5. Discrimination in Parks. No person involved in any event or in any use of the parks or
recreation areas including, but not limited to sponsors of teams, shall deny another person access to,
admission to, utilization of, or benefit from any such event or use because of race, age, sex, color,
creed, religion or national origin.
Section 6. Penalty. Any person who shall violate any provisions of this ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceed $500.00
together with the value of the damages or replacement costs, or by imprisonment not to exceed 90 days,
or both.
Section 7. Invalidity. The invalidity of any part of this ordinance as declared by a Court of competent
jurisdiction shall not affect the validity of the remainder thereof.
Section 8. Conflicting Ordinances Repealed. All ordinances and parts of ordinances in conflict here-
with are hereby repealed.
Section 9. Effective Date. This ordinance shall take effect upon its adoption and publication
• according to law.
AAop ed als P44 , day d �a.b ruar y Igg3.
MAYOR
Attest:
City Clerk
Published in on
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ORDINANCE NO.
AN ORDINANCE ESTABLISHING A PROCEDURE
FOR DISPOSITION OF UNCLAIMED AND CONFISCATED PROPERTY
The City Council of the City of Shorewood hereby ordains:
Section 1. Unclaimed Property. Except as otherwise
provided in Sections 2 3, any money or personal property, other
than animals, coming into the possession of the City of Shorewood in
the course of any municipal operation shall be handled and disposed
of in the manner provided in this Section. "Responsible Authority"
is defined to mean the Chief of Police.
(a) Custody of Unclaimed Property. Any money or personal
property coming into the possession of any City
Officer, agent or employee or member of any City
department, shall within 24 hours, be turned over to
the responsible authority by such officer, agent or
employee or member of the City department. The
responsible authority shall make provisions for
• receiving and safe keeping of property and money
delivered to him and coming into his possession in the
course of municipal operations. A receipt shall be
issued to the person delivering such property or money
to the City. Such property shall be stored in a safe
place and such money deposited with the City Treasurer
in a special account for a period of three months
unless claimed by the lawful owner.
(b) Claims by owners. During such three month period the
responsible authority shall make a search to locate
the lawful owner. He may deliver such property or
order such money paid to the owner thereof after
receiving satisfactory proof of ownership and-after
providing ten (10) days notice by mail to the person,
other than the.police officer or City employee, who
delivered such property and to such other person who
has asserted a claim of ownership. The Clerk shall
not issue any order for the disbursement of such money
without.the written order of the responsible
authority. If ownership cannot be determined to his
satisfaction, the responsible authority may refuse to
deliver such property or order the payment of such
money to anyone until ordered to do so by a court of
competent jurisdiction.
•
(c)
Claim by Finder If the lawful owner does not claim
the property or money during this three -month period,
the responsible authority may deliver the property or
order the money paid to the person, other than the
police officer or city employee, who delivered it to
him if such finder shall have previously asserted in
writing a claim to the property or money.
(d)
Transfer to General Fund If any such money is not
claimed by the lawful owner or finder within the
three -month period, the responsible authority shall so
notify the Clerk and the money shall then be
transferred to the General Fund of the City.
(e)
Disposal of Unclaimed Property After the three -month
period, property not delivered to the lawful owner or
finder shall be sold by the responsible authority at
public auction or appropriated to the use of the City.
Instead of being,sold at auction, any article or
property may be appropriated to the use of the City by
any Department in need thereof, or may be appropriated
and given over to the use of any non - profit charitable
corporation, oganization or foundation for a
charitable purpose, upon.approval of such a method of
appropriation by the City Council.
(f)
Notice of Sale On behalf of the City, the
i responsible
authority shall sell all unclaimed
property and all property not appropriated to or by
the City following at least one published notice
thereof in the City's official newspaper not less than
two weeks prior to such sale. The published notice
shall contain the following information:
(1) Time and place of sale;
(2) Description of property to be sold;
(3) Terms of payment;
(4) That sale will be at public auction and to the
highest bidder.
(g)
Public Sale If the volume and value of unclaimed
property is insufficient in the opinion of both the
Chief of Police and the City Administrator to justify
a public auction, the unclaimed property may be sold
by public sale. The responsible authority shall
follow the procedure in paragraph (f) except that sale
will be at a public sale to the person with the first
reasonable offer.
IF
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(h) Disposition of Proceeds and Unsold Property. The
responsible authority shall remit the proceeds of the
auction/sale to the City Treasurer for deposit in the
General Fund. Any property offered for sale but not
sold and not suitable for appropriation to the use of
the City shall be deemed worthless and shall be
disposed of in such manner as the City Administrator
directs.
(i) Claim by Owner After Auction. The lawful owner of
property sold at public auction or sale shall, upon
application to the,City Clerk; within six (6) months
from the date of sale and upon delivery of
satisfactory proof of ownership, be paid the sale
price from the General Fund, less the reasonable
expenses incurred in the movement, storage, care and
sale of such property.
Section 2. Confiscated Property. Any money or personal
property, other than animals, coming into the possession of the City
Police Department in the course of investigating or prosecuting any
criminal offenses or ordinance violations shall be handled and
disposed of in the manner provided in Section 1 hereof, except that
the three month custody period shall not begin to run until such time
as any prosectuion and appeal proceedings, if any, shall have been
completed for any criminal offense or ordinance violation involving
such personal property or money.
Section 3. Unclaimed motor vehicles. Any unclaimed motor
vehicles as such vehicles are defined by Minnesota Statutes, Chapter
169, as amended, coming into the possession of the City of Shorewood
in the course of any municipal operations shall be handled and
disposed of in the manner provided in Minnesota Statutes, Sections
168B.01-168B.10.
Section 4. Summary Disposal. The responsible authority
may in such manner as he determines to be in the public interest
summarily dispose of any property coming into his possession which he
determines to be dangerous or perishable. He shall make a record of
the pertinent facts of the receipt and disposal of such ' property and
report such information to the City Administrator within 10 days.
Section 5. Publication and Effective Date. This ordinance
shall be published in Ehe official newspaper and shall become
effective immediately upon publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood on the day
of , 19
Mayor
ATTEST:
Clerk/Administrator
ORDINANCE NO. 1
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 A14D 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 by
adding the Districts and Provisions for Official Zoning Map is hereby
amended following:
"Official zoning map may be and hereby is amended by including within
the Planned Unit Development District, property described as: Lots 1
through 10, Block 1, Tingewood."
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 10th day of
• January, 1983.
Robert Rascop, mayor
ATTEST:
Administrator
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