The URL can be used to link to this page

081009 CC Reg AgPC 7 ow Q- "790D I _ _ _ _ J,' _ _e m _ GULAR EL a v_ . g ~)l IDAV, AUGUST lag 2009 AGENDA Bailey Turgeon Woodruff Zerby Lm tb 7 6 v 1'Y qAD l., iaJ v ii~vxarf v i.c a~vaawa > 7: P.M. B. Review Agenda 2. APPROVAL OF MINUTES 5 minutes 7:00 p.m. A. City Council Work Session Minutes, 7/27/09 Minutes B. City Council Regular Meeting Minutes, 7/27/09 Minutes 3. CONSENT AGENDA - Motion to approve items on 5 minutes 7:05 p.m. Consent Agenda & Adopt Resolutions Therein: NOTE. Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda A. Approval of the Verified Claims List Claims List B. Council Policies and Procedures Administrator's CAF C. Wildwood Plat Extension of Time Planning Director's CAF D. Themig-Heppner Variance Resolution Planning Director's CAF Resolution 4. MATTERS FROM THE FLOOR 10 minutes 7:10 p.m. (No Council action will be taken) 5. REPORTS AND PRESENTATIONS CL --AGENDA - L - Page 2 Attachments 6. PUBLIC HEARING 7. PARKS A. Park Capital Improvements for 2009 & 2010 Administrator's CAF S. PLANNING - Report by Representative A. Gideon Cove HOA - Amend Declaration of Planning Covenants Director's CAF Draft Resolution 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Review Quotes and Award Contracts for Administrator's Southshore Community Center Improvements CAF B. City Hall Landscaping Plan Planning Director's CAF 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Informational Item: Shorewood Fitness 19 Deputy Clerk's 5K Run on 9/12/09 CAF B. Mayor and City Council 12. ADJOURN Et A---fated Z-0-- - 1 'I =n Sta.. T° ,.ad s (C5c L Time) 10 minutes 7:20 p.m. 10 minutes 7:30 p.m. 10 minutes 7:40 p.m. 10 minutes 7:50 p.m. 10 minutes 8:00 p.m. 5 minutes 8:10 p.m. 5 minutes 8:15 p.m. I minute 8:20 p.m. Executive Summary Shorewood City Council Regular Meeting Monday, 10 August, 2009 A 5:30 P.M. Council Special Meeting is scheduled to interview the Hearing Officer Candidate A 6:00 P.M. Council Budget Work Session is scheduled this evening. Agenda Item #3A: Enclosed is the Verified Claims List for Council approval. Agenda Item #313: Revisions have been made to the Council Policies and Procedures. Staff recommends approval. Agenda Item #3C: Staff recommends approval of Brent Hislop's request for a 180-day extension of the deadline for filing the final plat for Wildwood, a seven-lot subdivision on the east side of Strawberry Lane. Agenda Item #31): The draft resolution in the packet finalizes the action on the Themig- Heppner variance request. Agenda Item #5A: There are no scheduled reports or presentations. Agenda Item #6A: There are no scheduled public hearings. Agenda Item #7A: Recommendation on the 2009 and 2010 Park Capital Improvement plan. Agenda Item #8A: The Gideon Cove Homeowner's Association proposes a complete redrafting of the declaration of covenants for the Gideon Cove PUD. Staff has examined the revised declaration and finds that the City's interests are preserved in the new document. Approval is recommended. Agenda Item #9A: There are no engineering/public works items this evening. Agenda Item #10A: Recommendation on Carpeting and Painting of the Southshore Center. Agenda Item #IOB: Lan-De-Con has submitted a completely revised landscape plan for the City Hall project. Using substantially native plants, the plan is quite low-maintenance and will result in dramatic fall colors. Staff recommends that Lan-De-Con be authorized to begin work, based on their estimate of costs, in order to begin planting by the first week in September. Agenda Item #1 IA. 1: This is an information item only of Shorewood Fitness 19's 5K run on Saturday, September 12. CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, J_ULY 27, 2009 MINUTES CONVENE CITY COUNCIL, WORD SESSION 57-7.7`" -71-r. -CLUB CLUB ROAD CC JNCIL, C -AMBERS Mayor Liz6e called the meeting to order at 5:00 P.M. A. Roll Call Present. Mayor Liz6e; Councihnembers Bailey (arrived at 5:20 P.M.). Turgeon, Woodruff and Zerby; Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Fiigineer Landini Absent: None B. Review Agenda Turgeon moved, Zerby seconded, approving the agenda as presented. Motion passed 4/0. 2. 2010 BUDGET Administrator Heck stated Council discussed the first draft of the 2010 General Fund Operating Budget during its June 22, 2009, work session. During its July 20`x' work session Council discussed a list of potential budget adjustincnts (the adjustments are detailed in the minutes of that meeting). The net effect of the adjustments was a decrease of $28,376 in proposed expenses, not including personnel adjustments. Staff had also identified the possibility of reducing the transfer from the General Fund to the Equipment Replacement Fund to $100,000 from $175,000 in 2010. The revised 2010 budget included in the meeting packet for this evening reflects the adjustments discussed during these two work sessions. Heck then stated a there are a couple of questions that have not been addressed that were raised during the work sessions. For discussion purposes, a $40,000 transfer from the Liquor Fund to the General Fund is included in this version of the draft 2010 budget, in addition to the estimated allowable levy increase amount of 0.83% (approximately $40,000). Heck stated Staff will entertain questions from Council. Councilmember Turgeon asked if finding for the Arctic Fever event comes out of the Parks operating budget or out of the Mayor and Council operating budget. Director Brown explained the event is self sustaining. The Parks operating budget does fund a contribution to the Music in the Parks program. The Park Commission has indicated that it would like some funding ($2000 - $3000) for Arctic Fever. If that did occur the funds would come out of the Parks operating budget. Mayor Liz6e suggested the budget allocate some funds for the Artie Fever event. Brown explained the City invoices the other cities that participate in the event for the City's Staff taking the lead role in this event. Turgeon stated she was confident the City had contributed financially to some Arctic Fever event. Liz6e responded that it would have been an unbudgeted contribution. #ZA CITY in _i ' :J'I ES July 2m t, Page 2 of Councilmember Turgeon asked if $6,000 was added to the Parks operating budget as a place holder for the Eurasian Water ilfoil treatment effort which will be in its third year in 2010. Administrator Heck stated that place holder was moved from the Mayor and Council operating budget to the Parks operating budget in 2010, noting Council had approved a $6,000 contribution to the program in 2008 and 2009. Heck clarified the place holder in the Parks operating budget is for $6,000. Director Burton explained the Parks operating budget includes $6000 for the milfoil treatment program, $1600 for Buckthorn removal, $3900 for life guard services, $2500 for Music in the Parks, and funding for Park Coordinator services. There was lengthy ensuing discussion about whether or not the $6000 for the milfoil treatment program in 2010 was added to the Parks operating budget or if the budget has been real located to cover that cost. Administrator Heck clarified there were a number of adjustments made to the Parks support services budget, one of them being the addition of a $6,000 place holder for iii ilFoil treatment. Another one is the allocation for lifeguard services was reduced to $3900 from $6000; this reflects the actual cost. The net effect of all of the adjustments is not a $6000 increase. Councilmember Woodruff stated if the City is going to have a community garden in 2010 he suggested the Council allocate some funding for that. Also, the City has committed to doing more of the maintenance of the ball fields in Freeman Park; therefore, there should he funding allocated for that. Director Burton noted the current draft budget does not include the additional $3,000 for Parks building maintenance for the replacement of the concession stand roof in 1'reeman Park. She explained the addition was agreed to during the July 20`x' work session. The line item 223 maintenance for buildings will be changed to $4000 from $1000. There are no funds budgeted for the community garden. Councilmember Turgeon stated for 2010 there is a planned transfer of $45,000 from the General Fund to the Park Capital Improvement Fund. She suggested that transfer be reduced and that decrease be allocated to the Parks operating budget to help fund things like Arctic Fever, the community garden and so forth. Councilmember Bailey arrived at 5:20 P.M Councilmember Woodruff stated he could support reducing the transfer to the Parks Capital Improvement Fund by $3000 (from $45,000 to $42,000) and allocating that to the Parks operating budget for park programming and the community garden. The minutes of the July 14, 2009, Park Commission meeting reflect a discussion about asking Council to contribute some of the transfer amount for Park capital improvements to park programming instead. In response to a question from Mayor Liz6e, Director Burton explained the contribution to the Excelsior Chamber of Commerce July 4"' celebration comes out of the Mayor and Council activities budget. Councilmember Turgeon stated the City used to make a contribution to the Southshore Center operations. The City is now responsible for operating the Center. She asked if the Oversight Committee for the Center operations had prepared a business plan for the remainder of 2009 and for 2010 for the Center. She stated Council may want to allocate funds for Center operations in case the Center is not able to be self sustaining in 2010. She also commented there has been discussion about the need to replace the carpet in the Center and to paint the Center; that funding has to come from somewhere. Director Burton stated she met with Kristi Anderson, the Director for the Center, recently and she indicated the business plan is in the process of being developed. The 2010 budget for the Center will be discussed as part of the enterprise budget discussions in the fall. The Center will be its own enterprise operation. She explained the approximate $40,000 in the Senior Community Center Fund will be used to establish an enterprise fund for Southshore Center operations. Turgeon questioned if Council should anticipate the need for ct,rv J W, a a.. _-TES Ja Page: additional funding and budget for a transfer to the new fund; there are number of things that have to be done to update the facility. Burton indicated she thought the $40,000 in seed funding should be sufficient, but she deferred that validation to the oversight committee. Administrator Heck stated the Oversight Committee will be meeting later in the week. He explained that he and Anderson had met earlier in the day and had discussed the projections for the remainder of the year and for 2010. In response to a request from Councilmember Bailey, Director Burton quickly summarized the changes discussed up until now. Councilmember Bailey stated during the July 20`x' work session he questioned the reason the City would replace the roof on the small concession stand in Freeman Park. The City needs 'to define what normal maintenance on the ball fields entails, noting the City is responsible for that. South Tonka Little League (STLL) would be responsible for improvements beyond. He suggested the City enter into a formal contract annually with STLL to clearly define where responsibility lies for repairs and improvements to the ball fields, and to clearly state that any improvements done to the fields become the property of the City. He clarified that he was not indicating STLL was not a good partner. He explained STLL pays virtually nothing to use the fields in Freeman Park. East Tonka Little League Bennett Park pays tens of thousands of dollars a year to play in that park. What that League pays goes into maintenance of Bennett Park. He thought the City had an ambiguous relationship with STI-L. STLL keeps all the revenues from the small concession stand, yet the City is expected to replace the roof on the stand. He noted the girls' softball association does not take any of the revenues from the kiddy Station concession stand. He clarified that he is not necessarily opposed to replacing the roof; but, he wants the relationship with STLL formalized as it relates to responsibility for the fields. Councilmember Woodruff stated it is difficult to understand what is included in the department budgets because the most recent version of the draft budget doesn't include any descriptive information. Administrator Heck explained he wanted the council to focus on the numbers, and thus made a decision to not include the summary description sheets in the materials for this evening. The descriptive information will be provided at the next budget work-session. The following is a summary of Councilmember WOOdruff's comments made about department budgets as well as associated comments from other Couneilnlembers and Staff. General Fund Summary of Estimated Revenues • Woodruff stated General Property Taxes reflect an increase of 0.96% yet the Implicit Price Deflator is 0.83%. The levy increase can not be any higher than the IPD. Burton explained that is a holder because the City has not received the certified IPD amount. She noted Council needs to adopt a not-to-exceed property tax levy by September 15, 2009 and that levy will not exceed the IPD. • Woodruff stated a large portion of this year's transfers are being funded by drawing down General Fund reserves, and something similar is planned for 2010. He did not think the City could continue to do that. Burton noted the City's General Reserve Fund Policy requires the City to reduce the reserves if they exceed 60% Administration • Woodruff stated the budget includes $24,000 for merit increases. He suggested the amount be reduced to $12,000, and the other $12,000 can be allocated to other items. Turgeon recollected Council wanted to eliminate this. Heck stated he understood Council to want to put it on a to-be-considered reduction list. Heck clarified when an employee leaves the City their earned vacation and CITE' _aae ~ v' IVti.. July 2"/, N _;e accumulated sick leave are paid out of their respective department's budget. Bailey stated he still would prefer making a list of potential reductions so they can be considered at the same time, and this item should be placed on that list. Zerby stated he would prefer to leave it as a place holder. Lizee stated this could stay as a place holder for now. Lizee then stated she could not justify staff merit increases for City employees when no wage increases are allowed for public safety personnel. Turgeon agreed with Lizee's comment. Woodruff stated a potential reduction list could be made, but he questioned when Council would identify what the reductions would be. Professional Services ® Woodruff expressed concern that the 2010 budget amount of $199,000 may not be sufficient based on 2008 actual expenditures and 2009 expenditures through June ($171,644). Even if the $35,000 for the Ron Johnson litigation were removed from the 2009 expenditures the run-rate for 2009 could be $270,000. He asked Staff to review the 2010 budget amount. Burton stated she also questions if the 2010 budget amouuit is sufficient. ➢ Municipal Buildings • Woodruff questioned the 2010 supplies budget of $54,800. The adopted 2009 budget was $26,200 and 2009 expendilm-es through June are $15,245, and the actual expenditures for 2008 were $26,532. He requested Staff review this item. Heck explained part of that cost is for the maintenance/lease contract for the City's phone and data services which is approximately $33,000. The cost for LaserFiche is also iuucluded in there. Woodruff stated the 2010 capital outlay budget is $123,000, yet the City has not spent more than $72,000 in the last few years. The 2009 budget was $101,120 and to date nothing, has been spent. Heck stated $100,000 is for the debt service payuneut for City Hall. ➢ Police Woodruff asked if the capital outlay budget for the debt service payments on the public safety facility reflects the savings from the bond refunding, to which Burton respoiided yes. • Turgeon requested the staffing descriptions be changed to reflect the current staff titles. Mavor I ,izec noted a few titles have changed. Turgeon requested the budget reflect staff compensation by roles. (Brian, we don't have this info - it may be in the. Chief's SLMPD budget) r City Engineer • Woodruff stated the support services budget is $15,146. He questioned if there shouldn't be some relief for this department out of the streets and roadways budget for consulting services for roadway projects. He stated he thought the streets and roadways budget should cover the entire cost of a roadway project. Burton explained to the extent there is a specific roadway project to allocate costs to, they are. This budget includes $5,000 for engineering consulting because Staff anticipates there maybe some feasibility study for which there is no specific project budgeted. Woodruff stated if all project costs are not allocated to the project the City will not have a true understanding of what it costs to do a project. Burton stated costs are allocated to appropriate projects. Woodruff questioned if the budgeted amount is too much. Brown explained when the engineering technician position was eliminated some of the savings from that reduction were allocated to engineering to provide additional support services. MINUTES CITY r --,1I) WORK--;,- July 27, Page 5 of 9 • Woodruff stated there was no explanation of what the $1000 capital outlay budget was for. ➢ Public Works Brown explained that each year the City uses approximately 5530 gallons of unleaded fuel and 4000 gallons of diesel fuel. If an average price of $3.50 per gallon is used these fuel costs approximate $33,500. The cost of oil and lubrication is approximately $10,000. Burton explained the 2009 budget included $51,750 for fuel, oil and so forth; that amount included the addition of $10,000 for fuel because of the high cost. She and Heck reduced the 2010 budget for fuel to $43,123 to reflect lower fuel costs. • Burton noted the transfer to Public Works capital was decreased to $100,000 from $175,000. • Woodruff stated there was no explanation of what the $3800 capital outlay budget was for. Brown explained it was for the radio systein used in the vehicles. • Burton clarified any unused funds in the department budgets at the end of the year are put in the General Fund reserves. ➢ Streets and Roadways • Heck stated the general supplies budget vas increased by $12,000 (from $73,000 to $85,000) over 2009 because of the increase in asphalt costs. The budget is based on $65 per ton for 1,250 tons. • Woodruff questioned the support services bud.get of $23,500. The 2009 budget amount is $23,500 and to date only $3,390 has been used. Burton explained $3000 is for emergency signing and traffic control; $11,500 is for striping; and $9,000 is for street sweeping. Brown explained the City has not been able to do all of the striping that is needed. ➢ Traffic Control/Street Lighting • Woodruff stated the City has spent between $3000 and $4000 the last two years and to date has spent $512 out of a $4000 budget. He questioned the $6000 budget for 2010. Heck stated Council had a discussion about Smithtown Road signage a few months ago, and during the discussion Brown explained there are new mandated standards for signage. The standards include increasing the number of and reflectivity of signs. The cost to replace and add signs to Smithtown Road alone will be approximately $3,500. Brown explained this is a recurring cost (for signs throughout the City), and the cost will likely increase because the City is supposed to be compliant with the reflectivity standards by the end A'201 1. Brown commented it's unlikely the City will be compliant with sign standards by the end of 2011. ➢ Tree Maintenance Woodruff questioned the supplies and materials budget of $2700. The most spent in the last three years was $1,323. The 2009 budget is $2600 and to date $264 has been used. Heck explained this includes supplies for personal protective services; OSHA has standards for protective equipment that must be adhered to. Woodruff questioned the support services budget of $13,000. The 2009 budget is $11,000 and to date $2,239 has been used. Heck explained this is for contractual tree services. Heck explained staff anticipates the need for additional services because of the loss of trees due to Emerald Ash Borer (EAB). Brown explained the loss of trees in the City over the last 6 - 8 months has increased drastically (both residential and right-of-way). In addition to the problem of EAB there is a lot of disease from other things such as Oak Wilt. The budget was increased CITY 'P -J W gio~ oa ~ July 2 Page 6 of independent of what will happen because of EAB. He noted the City has a certified tree inspector on staff. Councilmember Woodruff asked if Staff could recap the changes Council has recommended. Director Burton stated she thought the only change was a possible 50% reduction in the amount budgeted for merit wage increases. Woodruff thought the only thing agreed to was the $3,000 increase in the Parks budget. Administrator Heck stated he thought Woodruff wanted to know what the revised bottom line is for revenues and expenditures. Woodruff stated the draft budget in the meeting packet reflects a surplus of $33,150. Burton explained that includes a transfer of $40,000 from the Liquor Fund to the General Fund. Woodruff stated the $3000 increase in the parks budget will reduce the surplus to $30,150. Burton stated during 2009 budget discussions at this time in 2008, there was a contingency line item for the amount of what the surplus would be, and during further discussions in the fall of 2008 additional changes were made and that amount was reduced Woodruff asked if budget discussions were concluded would the budget be okay. Director Burton stated that would be correct provided Council chooses to transfer $160,000 from General Find reserves, $25,000 from the Technology Fund and $40,000 from the Liquor Fund into the General Fund as indicated in this draft of the budget. She noted it is also contingent on what the certified IPD is. Administrator Heck recommended Council discuss the possible Liquor Fund transfer. He explained in the past few years $40,000 has been transferred from the Liquor Fund and the amount was similar to interest earned on the Fund. He noted that during the previous budget discussion Councilmember Bailey stated he was confident the Fund did not earn $40,000 in interest recently. Heck also recommended Council determine what it wants to use the Fund for, noting the auditor also made that recommendation. He explained there is close to $900,000 in the Fund. Director Burton clarified the auditor is not recommending the City spend or not spend the fund balance, only that Council designate it for a particular use. Mayor Lizee stated maybe the Fund could be renamed. She recommended the use of the Fund be discussed at another time. She noted Council promised the public that Council would solicit input about the use of the Fund balance. She asked what interest the Fund earned in 2008. Although she was not certain of the exact numbers, Burton thought the interest earned could be in the $8,000 -$10,000 range. Burton stated she would provide Council with that information. Councilmember Turgeon stated philosophically Council intended to transfer the approximate amount of interest earned. Councilmember Woodruff stated the City had a practice of transferring earnings from the Liquor Enterprise to the General Fund. When the City sold the Liquor Operations Council decided to continue the practice of transferring $40,000 for a while. The amount was approximately the amount of interest earned. The Liquor Fund is one-time money that should be used on projects and not on general expenses. He could support reducing the transfer to $10,000 which would ostensibly be the amount of interest earned. Councilmember Zerby asked if there would be any benefit to paying down any of the City's bonded debt. Director Burton stated she discussed the possibility of doing so with the City's bond consultant a while ago; and the only debt to buy down is water debt, which would benefit the Water Fund and not the General Fund. The savings from doing that would be relatively small because the water debt is almost paid off. She noted the City cannot call the bonds for City Hall at this time; it would have to go to the market and buy its own bonds. The option to call these bonds is a few years out. Zerby stated the time- value of money should be factored into any consideration. Councilmember Turgeon stated she supported reducing the amount transferred from the Liquor Fund to the General Fund to what the earned interest is. .-3 MINUTES , Director Burton stated another option would be to transfer funds from the Liquor Fund to parks and roadways rather than to the General Fund. She noted there would not be any financial advantage to doing this, but it could demonstrate Council's support for those goals and priorities. Councilmember Bailey stated he would prefer it flow through the General Fund, and that demonstrates Council's support. Councilmember Zerby stated lie's aware of some certificates of deposits (CDs) that are earning 2% interest, and he questioned why the Liquor Fund couldn't earn the same. Councilmember Woodruff stated commercial 12-month CDs are earning 1.2% - 1.3%, 6-month CDs are earning 0.7% and the 4M fiord is earning 0.45%. If the Liquor Fund can earn 1.0% it would be close to $10,000. Director Burton stated the City's emphasis is on safety of principal and not yield. Councilmember Woodruff stated if the transfer from the Liquor Fund to the General Fund was reduced by $30,000 it would basically balance the budget. He recommended Council have a separate discussion about the use of the Liquor Fund balance, and that should occur before Council solicits public input. Councilmember Bailey stated he supports reducing the transfer from the Liquor 1"und to $10,000. He then stated he understood why the City at times exceeds the budget for legal services. He suggested Council have discussion throughout the year about the need for certain legal services and make a conscious decision about whether or not it should spend the money. I-le stated the police budget reflects a 0.84% increase (the levy limit) over 2009, and the Fire budget reflects a 0.0% increase. He thought it important to ask the Chief for that same zero percent increase in the police budget, noting it may require the use of reserves. That reduction would result in an approximate $7,000 reduction in the City's operating budget. Bailey then stated he thought there should be a thorough discussion about the public safety departments' reserve policies. He explained some of the operating fund reserves are required because of quarterly payment schedule for member cities' contributions to the Excelsior Fire District (EFD). If the schedule was reduced to monthly the level of reserves could be reduced. From his vantage point, reserves should be built on the cities' side and not the joint powers organization side. It's the cities' job to have sufficient reserves. The cities should have sufficient reserves to fund any contingencies situation that could occur with the joint powers organizations. From leis vantage point, those two organizations should not hold 17 reserves to fiend long-term care and maintenance needs of the public safety facilities. He thought the public safety organizations holding the reserves can lead to a lack of accountability. He clarified he was not implying they were doing anything wrong. He stated he would bring this forward to the EFD Board and lie requested Mayor Lizee brim this forward to the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee. Mayor Liz6e stated any change in reserve policies would have to be approved by the SLMPD Coordinating Committee and the EFD Board. She questioned how the member cities would ensure they had sufficient reserves to cover the public safety needs; reserves that would have to be readily available. In response to a comment from Mayor Liz6e, Councilmember Turgeon stated it is her understanding the SLMPD was directed by the Coordinating Committee to budget for zero wage increases but not for a zero budget increase. She wanted a zero budget increase, and that is what she heard Councilmember Bailey ask for. She wanted Mayor Lizee to convey their sentiments to the SLMPD Coordinating Committee. Councilmember Bailey asked Mayor Lizee to convey they wanted a zero percent increase in the police budget over 2009. Bailey stated he understood Liz6e's position regarding wage increases. 3. VIEW JUNE 30, 2009, MONTHLY BUDGET REPORT This was added at Councilmember Bailey's request. Councilmember Bailey asked Director Burton to provide an overvicw of the June 30, 2009, Monthly Budget Report. He thought it appropriate to discuss this now. Director Burton stated she had provided Council with a copy of the report via e-mail and paper copy. She explained the report includes the General Fund, the Water Fund, the Sanitary Sewer Fund and the Stormwater Fund. She stated she believed the Funds were on target to achieve the budgeted amount as of June 30`x'.. Total General Fund revenues at the end of Jnne were approximately 35% which is about 1% less than expected year-to-date. The City did receive some additional tax revenue in early July. Building permit revenues continue to lag behind the 2009 budget and 2008 actual, noting these revenues represent about 3% of the City's budgeted revenues. Total General Fund expenditures were approximately $2,079,000 (about 38%) at the end of June. 'T'his is $150,000 less than the 2009 budget and less than the approximate expenditures of $2,286,100 through Junc 30, 2008. All departments have positive budget variances with the exception of Professional Services which includes the Ron Johnson litigation and a full year of assessor services. Parks is slightly over because of the addition of park coordinator services. Councilmember Bailey asked if the $150,000 surplus is sustainable, to which Director Burton responded she did not think it would be. Bailey asked what would happen that would reduce that surplus in the last half of the year. Burton explained the bulk of the costs are personnel related, and she thought the personnel costs were quite accurate. She also thought there is probably some under spending by department heads. Director Brown explained Public Works provides a number of seasonal services, and there are other services that are time dependent. For example, Public Works is focusing on patching pot holes. Tree activities will not be done until into the fall or towards the end of the year. Bailey recommended more realistic monthly projections be prepared for 2010. Councilmember Bailey stated if he thought there would be a $150,000 surplus at the end of the year Council would be considering 2009 projects and the 2010 budget differently. He expressed his appreciation for Director Burton's efforts to make the 2009 budget reports more useful. He stated more realistic monthly projections in 2010 will provide in Council and Staff with better information to take corrective budget actions earlier in the year. Bailey then stated if the surplus would be even $30,000 at the end of 2009 that would impact discussions Council is having regarding the 2009 and 2010 budgets. Administrator Heck stated the general cost for the City to do business is related to personnel. If personnel costs are less than budgeted that should be carried forward except for Public Works. Public Works also has snow removal related expenses that are incurred in October - December and those costs vary by season. The personnel costs year-to-date are approximately 42% of 2009 budget, and based on that these costs should be at about 94% at the end of the year. 1~ Q ✓m~ a MINUTES Pa t of Councilmember Zerby stated if there was a monthly budget report it would be easier to compare revenues and expenses to the previous year. Administrator Heck stated Councilmember Bailey, Director Burton and he have been discussing how to establish a monthly base Councilmember Bailey requested Administrator Heck and Director Burton review year-to-date amounts and project year-end amounts to try and determine what surplus will be left at the end of the year. Councilmember Woodruff stated the current report shows 2008 actual and 2008 year-to-date actual. He suggested an additional column be added to show the percent of 2008 year-to-date actual. It would help in analyzing the current year's budget. 4. ADJOURN Turgeon moved, Woodruff seconded, Adjourning the City Council Work Session of July 27, 2009, at 6:50 P.M. Motion passed 510 RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: Brian Heck, City Administrator/Clerk 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7000 P.M. 1. CONVENE CITE' COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Bailey, Turgeon, Woodruff and Zerby; Assistant Attorney Sonsalla; City Administrator Heck; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and En-ineer Landini Absent: None. B. Review Agenda Mayor Lizee requested Item 10.13 be moved to Item 4.A on the agenda. Turgeon moved, Zerby seconded, approving the agenda amended. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, July 13, 2009 Turgeon moved, Woodruff seconded, Approving the City Council Executive Session Minutes of July 13, 2009, as presented. Motion passed 510. B. City Council Work Session Minutes, July 13, 2009 Zerby moved, Woodruff seconded, Approving the City Council Work Session Minutes of July 13, 2009, as presented. Motion passed 5/0. C. City Council Regular Meeting Minutes, July 13, 2009 Woodruff moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of July 13, 2009, as presented. Motion passed 510. D. City Council Special Meeting Minutes, July 20, 2009 Woodruff moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of July 20, 2009, as presented. Motion passed 4/0/1 with Zerby abstaining due to his absence at the meeting. E. City Council Work Session Minutes, July 20, 2009 #Zs e . _ EWOOD REGULAR COUNCIL MEE'T'ING MINUTES Ju =7, ` Page 2 of Turgeon moved, Bailey seconded, Approving the City Council Work Session M®r° ss of July 20, 2009, as presented. Motion passed 4/0/1 with Zerby abstaining due to his absence meeting. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. TTM Lease Amendment C. Approving ORDINANCE NO. 460, "An Ordinance Enacting and Adopting the 2009-S Supplement to the Code of Ordinances for the City of Shorewood Minnesota", and Adopting RESOLUTION NO. 09-040, "A Resolution of Official Summary of Ordinance No. 460." D. Approving ORDINANCE NO. 461, "An Ordinance Amending Chapter 503 of the Shorewood City Code." E. Authorize Expenditure of Funds for Safe Assure Consultants Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. A. Gideon Glen Memorial Bench Mayor Lizee introduced Miles De1BusSO Wlio was present this evening to discuss his Eagle Scout project. Mr. DelBusso stated his project is to construct a concrete platform and bench in the Gideon Glen area. His project also includes planting native flowers in the area around the bench as well as performing an inventory of the plants that were previously planted in the area to determine how many plants have survived. Mayor Lizee stated Mr. DelBusso had prepared and submitted a detailed project plan for his project including a project timeline. In response to a question from Councilmember Turgeon, Director Nielsen explained the City had purchased a resin bench in 2008 for installation rather than constructing a concrete bench due to maintenance concerns. The City has yet to purchase the plants and memorial plaque for the site. The project is on budget. Turgeon moved, Zerby seconded, approving Miles DelBusso Eagle Scout project to install a Gideon Glen Memorial Bench to be located somewhat south of the last kiosk and authorizing him to proceed with the work. - SH_ _ a,_D REGULAR COUNCIL MI;ETI P: g ~ S duu 23, 2009 Page 3 of 1 Council ember Woodruff stated Director Nielsen's memorandum indicated there are two open questions about the site. One is about removal of the blue tubes that protected some plantings and the other is about area on the east end of the site between the pond and the access drive. He explained he understood Mr. DelBusso will deal with the blue tubes. Nielsen stated he has not heard back from the Minnehaha Creek Watershed District (MCWD) about whether or not the blue tubes can be removed or about the sparseness of the area between the pond and the access drive. He thought most of the plantings in the blue tubes are doing well, noting the City expected 10 percent to die. Woodruff assumed the lack of answers should not affect installing the bench, to which Nielsen responded it would not. Mayor Lizee stated she thought the City would receive an update from the Iv1CWD this fall on Gideon Glen. Motion passed 510. 5. REPORTS AND PRESENTATIONS A. City Hall Landscaping Update Director Nielsen stated Mayor Lizee and he met with Mark Labaree and Jim Keller of Lan-De-Con to discuss the landscape plan for City Hall. The representatives indicated the original sketch was like a commercial plan and it was not in sync with what Council had suggested, noting that was his fault for not providing them with that direction. The revised sketch is for substantially native plants, and is considerably more in line with what the Council had suggested. Something similar to a dry -creek bed is proposed to deal with the drainage to the east side of the entry into City Hall. It will flow down into a small rain garden. The plan is to add additional evergreen trees on the berm area. Mr. Labaree suggests it may be appropriate to locate the sign for Badger Field where the existing sign is located. The plan indicates a mixture of colored plantings, and there will be some type of colored plants at all times during the growing season. A new plan will be presented during the August 10, 2009, Council meeting with a goal of beginning the project late August. B. City Hall Project Update Administrator Heck stated the meeting packet for this meeting contained a table reflecting the current status of the project costs for the City Hall renovation. The estimated final cost is 104 percent of the bonded amount of the project. He received a comment about the lack of hand rails on the handicap ramp. The rails arc not required by code and therefore were not included as part of the project. He received another comment about the lack of an automatic door opener for handicap access being this project was intended to make City Full compliant with the Americans with Disabilities Act. This is not required by code and therefore was not considered as part of the design of the project. Should Council desire to add it Staff will get the cost to do so. Heck explained the City has received one change order from the contractor and he has had numerous discussions with the contractor about it. The change order is approximately $20,000. The final change order is supposed to be signed off by the architect and contractor and that has not occurred. Heck stated the City has received some information from the architect about additional fees the architect is requesting. Some of the additional fees are related to changes made to the original design after Council held the open house about the upcoming renovation. The changes included adding a bumpout, modifying the foyer and a few other items. The architect originally wanted additional fees for the sprinkler design, W OD REGULAR COUNCIL, MEETING MINUTE and he thought he warranted more money because of the overall increase in cost for the project. Staff is working with the architect to reduce the amount of additional fees. Councilmember Bailey stated it was Council's intent to get feedback from residents about the design during the open house. The request for more money because the design was changed to incorporate some suggestions seems over the top. Mayor Lizee stated the architect knew early on that as part of the process Council was going to hold the open house and that could result in changes. Councilmember Woodruff stated the bumpout was included in the design prior to the open house. There was some discussion about having the architect do something different with the bumpout with regard to the storage area. Director Brown stated it was his recollection there were two items. The first being a suggestion made by Councilmember Bailey who wanted some features added to the bumpout, and there was a bumpout for the storage closet. Councilmember Woodruff stated the bumpout was in the original design. If something else was changed that's different. Councilmember Zerby suggested the City hold some payment back tmtil the air conditioning situation is fixed. He again suggested he thought the landscaping work could be accomplished using existing staff. Administrator Heck stated the City has not made any additional payments to the architect and the final payment to the contractor has not been released. He indicated he would be talking with the contractor about completing the punch list. C. Southshore Center Wrap Up Administrator Heck stated the meeting packet contained a summary of the revenues and expenses for Southshore Center operations for March through June 2009. Net revenues were $11,700 and expenses were $10,151, not including soft expenses for legal fees ($8,000) and accrued staff time (approximately $10,000 not including his time). During that period the Excelsior Historical Society terminated its rental arrangement which had a fee of $250 per month, and two rentals (one for June and one for August) totaling close to $1000 were cancelled because of the uncertainty of the Center. The City also didn't process approximately 20 inquiries per month because of the uncertainty about the Center's future. Heck then stated he will make the other four cities aware of what all of the expenses and revenues for Center operations were. 6. PUBLIC HEARING None. 7. PARKS Chair Norman reported on matters considered and actions taken at the July 14, 2009, Park Commission meeting (as detailed in the minutes of that meeting). He added that the first annual Garage Band Jam event held on July 24, 2009, was successful; the turnout exceeded his expectations. He noted the winner of the event will play at the Minnesota State Fair. Councilmember Zerby stated the Park Commission indicated it may be able to expand park programming because the Southshore Center is being run by Community Rec Resources. Zerby asked Chair Norman if the Commission intended that to be fee based programming to cover the cost to rent the Center. Norman CITE' Ou "I EWOOD REGULAR COUNCIL MEETING MINUTES July 27, Page E 4 stated it could be that or the Commission could apply for grants to help defray the cost. In the past the Commission has looked as the Center as possibly being an extension of the park system. Zerby clarified the Center is not part of the park system; it's a community center for the five cities. Councilmember Woodruff asked if any services Dick Osgood, with the Lake Minnetonka Association, would provide to improve the Manor Park pond would be pro bona. Chair Norman clarified the residents invited Mr. Osgood to attend a meeting about the quality of the pond. Mayor Lizee stated Manor Park neighborhood residents wanted a meeting to discuss the quality of Manor Park pond. Should a plan be developed for testing and treating the pond she thought the City should hire Mr. Osgood to help with that effort. She noted Mr. Osgood will make a presentation to the Park Commission during its August meeting. Councilmember Turgeon stated it is her recollection that the City spent about $5,000 on assessing the pond a few years ago, and Julie Westerlund with the Watershed District was involved with that. She questioned if the results from that could be used. Director Brown clarified a different issue is being discussed this time. He explained that last time Ms. Westerlund joined with the Park Commission to take water samples; she donated her time to do so. The water samples were sent to Duluth for testing to determine what type of algae was in the pond. The test results were inconclusive. It's his understanding the neighborhood residents brought Mr. Osgood in to discuss ii' the pond could be treatcd. The pond is very overgrown with lily pads which are a protected species; this could complicate matters. The pond was constructed as a stormwater pond, and he believes it should stay as one. An outlet was added to the pond to try and maintain the level of the pond. The residents are questioning if the water level was lowered or maintained. The existing outlet had been plugged so something had to be done. Chair Norman stated the Park Commission was doing its due diligence, arid it understands that what is happening with the pond is natural. Councilmember Bailey stated lie appreciates the Park Commission thinking outside of the box with regard to the Center, but he clarified the goal is to make the Center financially stable. Chair Norman stated his intent was to start a dialogue about the Center. A. Donor Policy and Request Form Updates Administrator Heck stated the Park Commission created a Donor Policy in 1999 and the same policy is in effect today. He noted the Policy has been used one time since then. During its July 14"' meeting the Commission approved revisions to the policy which it had been working on for a number of months. The revised policy addresses City-wide donations. The Commission also drafted a Donor Request Form and a Donor Acceptance and Indemnification Agreement. The Agreement contains maintenance endowment language and he questions if a separate endowment fund would have to be created for each donation. Chair Norman stated other communities are considering requiring a base endowment to find maintenance for a period of time especially when there is a substantial infrastructure donation. Councilmember Woodruff, who was the liaison to the Park Commission when the majority of the discussion occurred, stated he thought the Commission did a great job with this. He noted the endowment is not a requirement; Council and the Commission can decide if they want one. He suggested the phrase "Park, in the City" be changed to in the City" in the Agreement. Woodruff moved, Bailey seconded, approving the revised Donor Recognition Policy, the Donation Request Form and the Acceptance and Indemnification Agreement. Motion passed 510. ULAR COUNCIL MEETING MINUTES a ~ a & PLANNING Commissioner Gagne reported on matters considered and actions taken at the July 21, 2009, Planning Commission meeting (as detailed in the minutes of that meeting). Councilmember Turgeon commented Commissioner Gagne summarized the meeting graciously. A. Site Plan Review (Subway Restaurant) Applicant: Brian Carney Location: 5660 County Road 19 Director Nielsen stated Brian Carney, representing Carnco Properties, LLC. is purchasing the property located at 5660 Manitou Road. Mr. Carney proposes dividing the existing building in two, using one half of it for a Subway restaurant and the other half will be a future leasable area. Because the property is zoned C-1, General Commercial, the project is subject to site plan review by the Planning Commission and Council. The property has 35,920 square feet in area. It is occupied by a 3000 square foot building, and there is paved parking in front of the building. - With regard to the analysis of the case, Nielsen reviewed how [lie applicant's request complies with the requirements of the Shorewood Zoning Code: 1. Land Use - Restaurants without drive-up facilities are permitted uses in the C-1 zoning district. The future leasable space would be limited to a standard retail operation because of the lack of parking. Restaurants require a higher level or parking. 2. Building Setbacks - The existing building complies with the setback requirements of the C-1 District which are 30 feet on the front and rear and 15 feet on the sides. The building is 97 feet from the north property line. 3. Building Height - The existing building is one story and is less than 15 feet in height. The C-1 District allows buildings to be three stories or 40 feet in height. 4. Parking - The original site plan included 54 parking spaces. The Zoning Code requires 51 parking spaces for the proposed use; 44 of them would be for the restaurant and seven for the future space. The original plan did not comply with the five-foot setback requirement on the south side. Staff asked the plan be revised to include a back-in space for the end spaces. The revised plan eliminates the three southernmost spaces to resolve the setback issue, and another one is designated to be used for an enclosed trashed area. Building Construction - The existing building complies with the standards set forth in Section 1201.03 Subd. 7.c. of the Zoning Code. 6. Landscaping - The landscape plan submitted was prepared by a registered landscape architect. The original plan was quite sparse and not consistent with some of the City's development guidelines, in particular the County Road 19 Corridor Study and the City Code. For the most part, it eliminates all of the trees on the site to accommodate parking and drainage improvements. A number of the trees that will be lost are Cottonwood trees and they are not protected under the City's Shorewood Tree Preservation and Reforestation Policy. The Cottonwood trees are the most noticeable because of their size. There are some Ash trees and a substantial amount of Buckthorn that will also be CITY "'E WOOD REGULAR COUNCIL MEETIN - u'. ZS July 2/, 2! Page 7 of 4 removed. Some trees on the back of the site will be saved. The drastic alteration of the site is mostly unavoidable. 7. Grading and Drainage - The property will be drained to the northwest corner of the site. The City Engineer identified issues with the ultimate design, capacity and rate control. The first site plan drained the water into a depression in the northwest corner. The water would be stopped by what in effect would be an 11-foot berm with a 2:1 slope; the slope is a concern to the Engineer. A pipe would allow the overflow water to flow into a drainage system on the American Legion property which drains into Gideon Glen which in turn drains into Lake Minnetonka. The applicant has submitted a couple of iterations of the drainage plan. The most recent plan extends the existing pond on the American Legion property to the applicant's property, and it moves the 2:1 slopes over to the parking lot so the water is being held by a dam with 2:1 slopes on it. The concept of the new plan is right, but it appears the volume and rate control numbers have not been revised. Therefore, Staff is reluctant to recommend approval of the drainage plan. Signage - The applicant has not provided any plans for signage. The property is allowed three signs, one of which may be a;freestanding pylon sign. It's assumed the allowable signage will be divided between the two uses: Because the site is entercd from Gideon Glen, the City would allow a small directional sign at the driveway. Nielsen explained the applicant has submitted a revised landscape plan which is much more substantial. The applicant added evergreen trees along the back. The concept plan for the County Road 19 Corridor Study stipulates that eventually the commercial sites along County Road 19 should have a backdrop of evergreen trees. The Study calls for more decorative landscaping in the front of the buildings which the revised plan shows. It also shows landscaping in the I-lennepin Country easement area; it's unknown if the County will allow that. On the north edge of the property the applicant added larger evergreen trees and deciduous trees to soften this site from Gideon Glen as well as the residential properties to the north. Room was left along the very north edge to allow for access to the ponding facility. Nielsen stated Staff recommends Council approve the concept site plan and direct Staff to prepare a resolution approving the site plan subject to the applicant resolving the drainage issue in the northeast corner and revising the volume and rate control numbers to reflect the newest design, resolving the setback issues on the south property line, and relocating the trash enclosure to outside of the parking area. Mayor Liz& suggested Council approve only the concept review plan because of the number of outstanding issues. Councilmember Zerby stated the number of trees that will be lost saddens him, noting some of the trees are 24 inches across. Director Nielsen explained City Code requires deciduous trees between 8 and 12 inches in size be replaced by two 3-inch caliper trees. Trees more than 12 inches in size have to be replaced by three 3-inch caliper trees. The maximum number of trees that have to be replaced per acre is eight. Zerby stated he counted 23 trees that will be lost. Councilmember Zerby stated the property connects to the gas station property on the south side of the property. He expressed concern that people may cut through from the site property to the gas station property. He questioned if it would be possible to install some taller curbing to keep people from cutting through. Director Nielsen explained the site plan shows barrier curb around the parking lots. He commented that the gas station is scheduled to be demolished within the next 30 days. CITY v.,vvOOD REGULAR COUNCIL MEETING MINUTES July 27, Page of 12 Director Nielsen explained the City's Comprehensive Plan cites the entire northwest corner of the County Road 19 and Smithtown Road intersection as a potential redevelopment area. The City had hoped for a more cohesive development plan that included a number of the sites in that area. There is some disappointment that this site is going to be redeveloped by itself. He commented that if a developer has a viable use that works on the site the City can't stop the developer from redeveloping the site, and the site plan does meet the C-1 districts requirements. In response to a comment from Councilmember Zerby, Director Nielsen explained lie did not think deliveries would be made to the site by semi trailer trucks. It would more likely have to be some type of single unit trucking. Councilmember Zerby stated he assumed the applicant will submit a lighting plan, noting there are some residential areas within the sight of this property. Director Nielsen explained the intent had been to have the applicant submit a plan as when he applies for a permit, but the City will ask for a lighting plan upfront. Councilmember Turgeon noted the Planning Commission recommended approval of the concept plan. Turgeon moved, Dailey seconded, approving the concept site plan far Brian Carne-,, 5660 Mamtou Road. Councilmember Bailey asked if the applicant had given any indication of how he intends to use the other half of the building, to which Director Nielseo responded he had not. Motion passed 5.0. 9. ENGINEERING/PUBLIC WORKS A. County Road 19 / Smithtown Road Request for Advance Funds Municipal State Aid Fund Director Brown stated during its last Council meeting Administrator Heck presented supporting information he had prepared about a new request for advance Municipal State Aid (MSA) funds for the County Road 19 / Smithtown (load Reconstruction Project. At that time the State ]lad not provided enough details for Staff to prepare a resolution asking for the request. The City has since received the necessary information, and the meeting packet for this meeting contains a draft resolution. Brown summarized the Project costs. He explained the City's cost for the project (including design, right- of-way acquisition, construction engineering and construction) totaled $1,720,665. Of that, $1,646,623.51 is eligible for reimbursement from MSA. The remainder ($74,041.49) is to be funded out of the City's Local Roadway Fund. MSA is funded through the gas tax and held in an account at the State. The State has already paid the City $879,556.48 for the Project, and the City is due another $767,067.03. The City's current MSA balance is $362,720.54. Therefore, the resolution requests an advance in MSA funds in the amount of $404,346.49 ($767,067.03- $362,720.54). This request will encumber the City's MSA Fund for another 2.2 years. He noted that when this Project was let, the then Council was informed that the City would have to ask for another MSA advance for this project, noting a city can only ask for an advance up to three times its annual construction allotment to cover deficits. Staff recommends Council adopt the resolutions requesting an advance in MSA funding in the amount of $404,346.49 and direct Staff to send the resolution to the State. WOO REGULAR COUNCIL Mrs., MINUTES In response to a question from Councilmember Bailey, Director Brown explained the City's Local Roadway Fund has in effect t served as the bank account for this project. The advance will in part be used to pay back this fund. Director Brown noted stated he has been working with five different State departments to gain understanding of what is reimbursable as well as the City's advance funding opportunities. There may be some variation in the numbers once the resolution is processed by the State. Woodruff moved, Bailer seconded, Adopting RESOLUTION NO. 09-041, "A Resolution Requesting Advance from the Municipal State Aid Fund in the amount of $404,354.49" recognizing the amounts may very slightly. Motion passed 510. Mayor Liz& thanked Director Brown for his tenacity in dealing with this Project B. Smithtown Lane Right-of-Way Acquisition Engineer Landini explained the plans for the Smithtown Lane Road Reclamation Project identify the need for additional right-of-way to construct a cul-de-sac at the end of Smthtown Lane to provide a safe turnaround. In 2007 Hennepin County notified the City that Outlot A Smithtown Circle plat adjacent to the property located at 26040 Smithtown Lane (which is owned by Richard and Joan Whetston) was in forfeiture and was available for purchase. The City chose not to purchase the land at that time because it did not have a need for it. Mr. Whetston has indicated they would be willing to exchange the tax forfeit land for right-of-way to construct the cul-de-sac. State law dictates the City would have to purchase the tax forfeit land at fair market value. The County has indicated the fair market value land is $500, and the acquisition fees are $92.70. Landini stated Staff recommends the City purchase the tax forfeit property and negotiate with Richard and Joan Whetston for right-of-way. Director Brown explained it is staffs' understanding that State Statute does not allow for a direct exchange of properties; it must be done as two separate transactions. It appears the Whetstons are willing to grant the easement; this would be one transaction. The City's acquisition of the tax forfeit land from Hennepin County is the second transaction. Mr. Whetston is aware the City is attempting to acquire the land. and is willing to consider selling it to him, noting the price has not been determined. Councilmember Woodruff commented the parcel sketch has two minor errors on it. Smithtown Lane is spelled incorrectly, and Smithtown Road should be Smithtown Lane. Woodruff moved, Zerby seconded, adopting RESOLUTION NO. 09-042, "A Resolution Approving Land Acquisition for Right-of-Way Exchange for an Amount of $592.70." Motion passed 5/0. C. Award Feasibility Study for Nelsine Drive Engineer Landini stated he was going to discuss the feasibility studies for both Nelsine Drive and Meadowview Road at the same time. Both of the roadways are in the 20-Year Pavement Improvement Plan, and both are slated for improvement in 2010 as indicated in the Capital Improvement Program. Landini explained Staff received four quotes from firms included in the City's Engineering Pool for the feasibility studies for the two roads. TKDA submitted the low quote for the feasibility study and n ` EWOOD REGULAR COUNCIL MEETING M.:~ a . ge10of surveying for an amount of $6,298 plus $58 for travel and subsistence for each project. If TKDA is awarded both projects, TKDA offers a cost reduction in the amount of $1,500 for each project. He noted a sanitary cleaning and televising as well as a soils report will also have to be done. American Engineering and Testing (AET) could perform both of those activities for an amount not-to-exceed $5,000 per project. In response to a question from Couneilmember Woodruff, Engineer Landini stated Council is being asked to approve the proposals from the TKDA for engineering services for a feasibility report and surveying. Council could also approve the sanitary cleaning and televising and soils report for an amount not to exceed $5,000 per project. Landini noted he has received quotes from AET to do the sanitary and soils related activities. Woodruff moved, Turgeon seconded, approving the proposals from TKDA dated July 22, 2009, for engineering services for a feasibility report and surveying for Nelsinc Drive and Meadowview Road for an amount not to exceed $6,298 plus $58 for travel and subsistence per project less a discount of $1,500 per project, and authorizing Staff to order sanitary cleaning and televising as well as the soils report for each project for an amount not to exceed 55,000 per project. In response to a question from Councilmember Turgcorn, Engineer Landini explained he has a quote from AET to do soil borings for both projects for a cost of $4,00'0 as well as a quote for sanitary cleaning and televising for an amount of $1,800 per project. Councilmember Bailey stated he would have preferred to have been presented a complete package for each project to act on this evening. Motion passed 510. D. Award Feasibility Study for Meadowview Road This was discussed as part of Item 9.C. 10. GENERAL/NEW BUSINESS A. Council Policies and Procedures Administrator Heck stated the meeting packet for this meeting contained the revised Council Policies and Procedures document which includes the changes suggested by Council during its July 13, 2009, meeting. The document also included some clarifying comments. Council recommended the following changes be made to the documents. ➢ Item 2.4 Special Meetings - this states a special meeting can be called with a 24 hours written notice, yet it also states a written notice will be delivered to each council member three days before the meeting. This will be researched and clarified. ➢ Item 2.7 Quorum - change meeting to meetings. ➢ Item 3.4 Order of Business - change contucted to conducted. ➢ Item 3.6 Public Comments - add back the statement "The Council will not take action on the issue raised at the meeting and the Mayor may limit the time allowed for such comments." ➢ Item 3.7 Consent Agenda - changes recces to recuse. C11- x' __ULAR COUNCIL .1NUTES July 2`;', Page 11 of. Item 6.3 Limitations Regarding Public Comments and Reports - there was clarification of what this meant. Item 6.4 Written Correspondence - change "disposed of be between" to "disposed of between". Item 8.4 Audio and Video Recording - clarify special meeting recordings and note closed door meetings are not video recorded. Item 10.3 Adoptions - change "adoption at next" to "adoption at the next". There was discussion about majority vote of the council. The document should specify the default is State Statute or some other ordinance requirement for voting majority requirements. Some motions only require a simple majority vote and offers require a super majority vote. Voting majority will be clarified in the document. Item 11.1 Committees Designated - change "via general consensus" to "via consensus". ➢ General - the word mayor will be made to be consistent v% ith regard to capitalization. There was consensus to leave the side-bar comments in the document' There was Council consensus to continue this item to the next Council meeting to provide Council the opportunity to review the modified document. B. Gideon Glen Memorial Bench This was moved to Item 4.A on the agenda. C. Planning Commissioner Appointment Administrator Heck stated during its July 20, 2009, special meeting Council interviewed three applicants for the Planning Commission vacancy. The applicants were Bethany Connelly, Ed Hasek and Brian Kearns. Turgeon moved, Woodruff seconded, Adopting RESOLUTION NO. 09-043, "A Resolution Making the Appointment of Ed Hasek, 24315 Yellowstone Trail, to the Planning Commission effective July 27, 2009, through February 29, 2012." Motion passed 4/0/1 with Zerby abstaining due to his absence at the meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff Administrator Heck stated the ruling on the City's appeal for the Upper Minnetonka Yacht Club case will be posted on the Minnesota Courts website after 10:00 A.M. July 28`x'. He will download the ruling and forward it to Council as soon as it's available. He then stated Kenny Devine would like to pursue an Eagle Scout project which would entail restoring the Civilian Conservation Corps monument along Highway 7 just west of Old Market Road. Staff provided Mr. Devine with the name of the person in charge of historic preservation at Mn/DOT as well as the contact for permits to work in the right-of-way. Director Brown stated the Garage Band Jam event went off without a hitch. Unfortunately, later that evening someone did considerable damage to the restrooms at Eddy Station. The restrooms have been locked up because of the damage. The South Lake Minnetonka Police Department has been contacted. B. Mayor and City Council ' W OD REGULAR COUNCIL MEETING MINUTES I` c In response to question from Councilmember Zerby, Director Brown stated the City has not received the signs for Smithtown Road. Mayor Lizee stated the Excelsior firefighters fiend raising dance went well. She noted there is a South Lake Minnetonka Police Department Coordinating Committee meeting scheduled for 5:30 P.M. on July 29`x'. Night to Unite is scheduled for August 4`". Coffee with the Mayor is scheduled for August 8th Councilmember Turgeon acknowledged Mike Hanks, with the Sun Sailor publications, was leaving to work on the Bloomington publication. Mr. Hanks has reported on Shorewood events for more than 10 years. 12. ADJOURN Woodruff moved, Zerby seconded, Adjourning the City Comicil'Regular Meeting of July 27, 2009, at 8:48 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk _-7 Item Number Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 48725 through 48774, totaling $215,519.61. Staff Recommendation Staff recommends approval of the claims list. Department Finance Item Description: Background / Previous Action Claims for council authorization. The attached claims list includes checks numbered 48725 through 48774, totaling $215,519.61. Staff Recommendation Staff recommends approval of the claims list. Council Action: 8/06/2009 11:34 AM A/P HISTORY CHECK REPORT PAGE: 2 VENDOR SET: 01 City of Shorewood BANK: 1 BEACON B ANK DATE RANGE: 7/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CH ECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 00051 EFTPS - FEDERAL W/H I-Tl 20090804 FEDERAL W/H D 8/04/2009 4,116 .13 000000 I-T3 20090804 FICA W/H D 8/04/2009 6,227 .54 000000 I-T4 20090804 MEDICARE W/H D 8/04/2009 1,456 .48 000000 11,800 .15 00092 MN DEPT OF REVENUE I-T2 20090804 STATE W/H D 8/04/2009 2,028 .29 000000 2,028 .29 00086 AFSCME COUNCIL 5 I-01 20090804 P/R DEDUCTS - UNION DUES. R 8/04/2009 263 .48 048725 263 .48 00053 ICMA RETIREMENT TRUST-302131-4 I-02 20090804 P/R DEDUCTS-DEFERRED CON R 8/04/2009 1,609. 60 048726 I-02P20090804 P/R DEDUCTS-DEFERRED CON R 8/04/2009 210. 96 048726 1,820 .56 00052 PERA I-P 20090804 P/R DEDUCTS-PERA R 8/04/2009 6,466. 78 048727 6,466 .78 20005 WELLS FARGO HEALTH BENEFIT SVC I-16 20090804 P/R DEDUCTS-HSA R 8/04/2009 305. 00 048729 305 .00 16275 AMERICAN MESSAGING I-D2059963JH AUG PAGER SVC R 8/10/2009 17. 96 048730 17 .96 03230 BIFFS, INC. I-W386731-38-IN JULY RENTAL R 8/10/2009 1,069. 80 048731 1,069. 80 03245 BOB RICHARDS PHOTOGRAPHY I-07-27-09 COUNCIL PHOTO R 8/10/2009 276. 77 048732 276. 77 03745 BURTON, BONNIE I-JUL-AUG-2009 JULY & AUG WELLNESS REIM R 8/10/2009 80. 00 048733 80. 00 04300 CATCO PARTS AND SERVICE I-1-91779 WIRE WAY R 8/10/2009 69. 16 048734 69. 16 17300 CENTERPOINT ENERGY I-79456885-072409 S.S.CTR GAS SVC 6/17-7/21 R 8/10/2009 33. 88 048735 I-80000150112-073009 GAS R 8/10/2009 173. 17 048735 207. 05 04500 CHANHASSEN-CITY OF I-2ND QTR-2009 2ND QTR WA CONNECT R 8/10/2009 5,456. 91 048736 5,456. 91 8/06/2009 11:34 AM A/P HISTORY CHECK REPORT VENDOR SET: 01 City of Shorewood BANK: 1 BEACON BANK DATE RANGE: 7/28/2009 THRU 99/99/9999 PAGE: 3 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 29275 CITY OF BLOOMINGTON I-JULY-2009 JULY WATER TESTING R 8/10/2009 60 .00 048737 60 .00 05305 COMMUNITY REC RESOURCES I-16-2009 PARK MEETING 7/20-7/31 R 8/10/2009 1,980 .00 048738 1,980 .00 29285 CORPORATE MECHANICAL I-133039 S.S. CTR-A/C CHECK UP R 8/10/2009 425 .12 048739 425 .12 1 DEBRA MAHONEY I-DEBRA MAHONEY ESCROW REFUND R 8/10/2009 12,213 .81 048740 12,213 .81 06630 DEPT OF EMPLOYMENT & ECON DEV I-07990039-2ND-2009 2ND QTR BOYD BAILEY UNEMPLOY R 8/10/2009 6,204 .64 048741 6,204 .64 29271 DREW KRIEBEL I-696923 S.S.CTR- 7/12 & 7/20 CLEAN R 8/10/2009 187 .00 048742 I-696924 S.S.CTR- 7/12 & 7/22 CLEAN R 8/10/2009 613 .00 048742 800 .00 07383 ELECTRICAL INSTALLATION & MAIN I-0010729-IN RELAMP AT VINEHILL R 8/10/2009 232 .77 048743 232 .77 1 EMI AUDIO I-EMI AUDIO MIP-GARAGE JAM R 8/10/2009 189. 38 048744 189 .38 1 GENERAL SPORTS I-GENERAL SPORTS YOUTH T-SHIRTS R 8/10/2009 114. 00 048745 114 .00 09400 GOPHER STATE ONE-CALL, IN I-9070830 JULY SVC R 8/10/2009 239. 40 048746 239 .40 29232 HECK, BRIAN I-JULY-2009 JULY CELL & EXP REIM R 8/10/2009 179. 54 048747 179. 54 1 JOE & BECKY ROE I-JON & BECKY ROE ESCROW REFUND R 8/10/2009 1,500. 00 048748 1,500. 00 13070 LANDINI, JAMES I-200908060266 MILEAGES/S.S.CTR/CELL REIM R 8/10/2009 284. 49 048749 284. 49 13320 LEE PEST CONTROL INC I-07-21-09 S.S.CTR-PEST SVC R 8/10/2009 70. 00 048750 70. 00 8/06/2009 11:34 AM A/P HISTORY CHECK REPORT PAGE: 4 VENDOR SET: 01 City of Shorewood BANK: L BEACON BANK DATE RANGE: 7/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CH ECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 21340 LOCAL LINK I-AUGUST-2009 AUG WEB SVC R 8/10/2009 131 .80 048751 131 .80 15885 MIDWEST MAILING SYSTEMS INC I-68414 AUG NEWSLETTER SVC R 8/10/2009 362 .84 048752 I-SEPT-2009 SEPT NEWSLETTER POSTAGE R 8/10/2009 500 .00 048752 862 .84 17275 MINNEHAHA CREEK WATERSHED DIST I-200908050265 PRMT MAILING REIM-HARDLING LN R 8/10/2009 41 .70 048753 41 .70 19445 NGUYEN, MICHELLE I-JUNE 2009 JUN MILEAGE REIM R 8/10/2009 96 .80 048754 96 .80 19950 NORTHERN WATER WORKS SUP I-50120923.001 WATER METER R 8/10/2009 276 .13 048755 276 .13 15900 OFFICE DEPOT I-482600430001 ENG. SUPPLIES R 8/10/2009 49 .61 048756 I-482600520001 GEN SUPPLIES R 8/10/2009 5 .77 048756 55 .38 15000 PAETEC I-600242-06/28/09 SVC 05/26 - 06/25 R 8/10/2009 797 .21 048757 I-8945823 SVC 06/26-07/25 R 8/10/2009 787 .33 048757 1,584 .54 20950 POTTS, KENNETH N. I-JULY-2009 JULY PROSECUTIONS SVCS R 8/10/2009 2,291 .66 048758 2,291. 66 21400 PURCHASE POWER I-06/30/09 POSTAGE REFILL P. 8/10/2009 1,218 .99 048759 1,218. 99 26100 QWEST I-9524706340-072509 JUL 25 - AUG 24 SVC R 8/10/2009 111. 85 048760 I-9524709605-072509 JUL 25 -AUG 24 SVC R 8/10/2009 59. 73 048760 I-9524709606-072509 JUL 25 -AUG 24 SVC R 8/10/2009 59. 73 048760 231. 31 21610 REED BUSINESS INFORMATION I-4213387 SMITHTOWN LAN & HARDING AVE/LN R 8/10/2009 182. 04 048761 I-4215236 HARDING LN & SMITHTOWN 7/27 AD R 8/10/2009 182. 04 048761 364. 08 22000 SAFEASSURE CONSULTANTS I-180 SAFETY TRAINING R 8/10/2009 2,775. 00 048762 2,775. 00 23500 SO LK MTKA POLICE DEPT I-2ND QTR-2009-CO 2ND QTR COURT OVERTIME R 8/10/2009 981. 81 048763 I-AUG-2009 OBE AUG OPERATING BUDGET EXP R 8/10/2009 78,246. 00 048763 79,227. 81 8/06/2009 11:34 AM A/P HISTORY CHECK REPORT PAGE: VENDOR SET: 01 City of Shorewood BANK: _ BEACON BANK DATE RANGE: 7/28/2009 THRU 99/99/9999 CHECK CHECK CHECK CHECK VENDOR I.D. NAME STATUS DATE AMOUNT DISCOUNT NO STATUS AMO UNT 23725 SPEEDWAY SUPERAMERICA LLC I-0646996033-081809 GAS R 8/10/2009 1,318 .01 048764 1,318 .01 29101 SUN NEWSPAPERS I-1194590 PROJ 09-02 & 03 AFB - 07/23 R 8/10/2009 92 .95 048765 I-1194591 ERICKSON PLAT 07/23 R 8/10/2009 35 .75 048765 128. 70 23738 T-MOBILE I-392432578-072109 JOE P. CELL -6/21-7/20 R 8/10/2009 35 .05 048766 35. 05 24600 TONKA BAY-CITY OF I-0709-03 HALF OF 2ND QTR CRESCENT BEACH R 8/10/2009 187 .00 048767 187. 00 25000 TOTAL PRINTING SERVICES I-7282 AUG NEWSLETTER SVC R 8/10/2009 455 .52 048768 455. 52 83814 VEOLIA ENVIRONMENTAL SERVICES I-650000970251 Jul, RECYCLING SVC R 8/10/2009 6,990 .00 048769 6,990. 00 70200 VERIZON WIRELESS I-2264728064 L.S. PHONES JUN 22-JUL 21 R 8/10/2009 211 .95 048770 211. 95 83900 WASTE MANAGEMENT-TC WEST I-5138381-1593-1 AUG SVC R 8/10/2009 148 .83 048771 I-5138382-1593-9 S.S.CTR-AUG SVC R 8/10/2009 295 .08 048771 443. 91 27590 WESTSIDE WHOLESALE TIRE I-623429 TIRES SWEEPER R 8/10/2009 1,429 .37 048772 1,429. 37 19800 XCEL ENERGY I-282381241 24253 SMITHTOWN RD R 8/10/2009 1,351 .07 048773 I-282435265 S.S.CTR-5735 CTRY CLUB RD R 8/10/2009 614 .64 048773 I-5145317119-072009 STATEMENT NO. 203772580 R 8/10/2009 10,722 .95 048773 I-5145368132-073009 5700 COUNTY RD 19 R 8/10/2009 176. 27 048773 12,864. 93 * * T O T A L S * * NO CHECK AMOUNT DISCOUNTS TOTAL APPLIED REGULAR CHECKS: 48 153,749.10 0.00 153,749.10 HAND CHECKS: 0 0.00 0.00 0.00 DRAFTS: 2 13,828.44 0.00 13,828.44 EFT: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 VOID DEBITS VOID DISCOUNTS VOID CREDITS VOID CHECKS: 0 0.00 0.00 0.00 TOTAL ERRORS: 0 VENDOR SET: 01 BANK: 1 TOTAL 50 167,577.54 0.00 167,577.54 BANK: 1 TOTALS: 50 167,577.54 0.00 167,577.54 REPORT TOTALS: 52 167,577.54 0.00 167,577.54 08-06-2009 11:36 AM C O U N C I L R E P O RT BY VENDOR NAME AUGUST 10, 2009 PAGE: 1 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT AFSCME COUNCIL 5 8/04/09 P/R DEDUCTS - UNION DUES General Fund NON-DEPARTMENTAL 263 .48 TOTAL: 263 .48 AMERICAN MESSAGING 8/10/09 AUG PAGER SVC General Fund Public Works 8 .98 8/10/09 AUG PAGER SVC Water Utility Water 4 .49 8/10/09 AUG PAGER SVC Sanitary Sewer Uti Sewer 4 .49 TOTAL: 17 .96 BIFFS, INC. 8/10/09 JULY RENTAL General Fund Parks & Recreation 1,069 .80 TOTAL: 1,069 .8.0 BOB RICHARDS PHOTOGRAPHY 8/10/09 COUNCIL PHOTO General Fund Council 276 .77 TOTAL: 276 .77 BURTON, BONNIE 8/10/09 JULY & AUG WELLNESS REIM General Fund Finance 80 .00 TOTAL: 80 .00 CATCO PARTS AND SERVICE 8/10/09 WIRE WAY General Fund Public works 69 .16 TOTAL: 69 .16 CENTERPOINT ENERGY 8/10/09 GAS General Fund Municipal Buildings 16. 52 8/10/09 GAS General Fund Public Works 65. 20 8/10/09 GAS General Fund Parks & Recreation 33. 78 8/10/09 S.S.CTR GAS SVC 6/17-7/21 Southshore Communi Senior Community Cente 33. 88 8/10/09 GAS Water Utility Water 27. 61 8/10/09 GAS Water Utility Water 30. 06 TOTAL: 207. 05 CHANHASSEN-CITY OF 8/10/09 018505-000 ACCT SVC ADDRES Water Utility Water 103. 96 8/10/09 018505-001 ACCT SVC ADDRES Water Utility Water 5,352. 95 TOTAL: 5,456. 91 CITY OF BLOOMINGTON 8/10/09 JULY WATER TESTING Water Utility Water 60. 00 TOTAL: 60. 00 COMMUNITY REC RESOURCES 8/10/09 PARK MEETING 7/20-7/31 General Fund Parks & Recreation 1,980. 00 TOTAL: 1,980. 00 CORPORATE MECHANICAL 8/10/09 S.S. CTR-A/C CHECK UP Southshore Communi Senior Community Cente 425. 12 TOTAL: 425. 12 DEPT OF EMPLOYMENT & ECON DEV 8/10/09 2ND QTR BOYD BAILEY UNEMPL General Fund City Engineer 6,204. 64 TOTAL: 6,204. 64 DREW KRIESEL 8/10/09 S.S.CTR- 7/12 & 7/20 CLEAN Southshore Communi Senior Community Cents 187. 00 8/10/09 S.S.CTR- 7/12 & 7/22 CLEAN Southshore Communi Senior Community Cents 613. 00 TOTAL: 800. 00 EFTPS - FEDERAL W/H 8/04/09 FEDERAL W/H General Fund NON-DEPARTMENTAL 4,116. 13 8/04/09 FICA W/H General Fund NON-DEPARTMENTAL 3,113. 77 8/04/09 MEDICARE W/H General Fund NON-DEPARTMENTAL 728. 24 8/04/09 FICA W/H General Fund Administration 278. 46 8/04/09 MEDICARE W/H General Fund Administration 65. 13 8/04/09 FICA W/H General Fund General Government 381. 64 8/04/09 MEDICARE W/H General Fund General Government 89. 26 8/04/09 FICA W/H General Fund Finance 296. 93 08-06-2009 11:36 AM C O U N C I L R E P O RT BY VENDOR NAME - AUGUST 10, 2009 PAGE: 2 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT 8/04/09 MEDICARE W/H General Fund Finance 69 .45 8/04/09 FICA W/H General Fund Planning 363 .33 8/04/09 MEDICARE W/H General Fund Planning 84 .96 8/04/09 FICA W/H General Fund Protective Inspections 232 .12 8/04/09 MEDICARE W/H General Fund Protective Inspections 54 .30 8/04/09 FICA W/H General Fund City Engineer 172 .83 8/04/09 MEDICARE W/H General Fund City Engineer 40 .42 8/04/09 FICA W/H General Fund Public Works 407 .52 8/04/09 MEDICARE W/H General Fund Public Works 95 .31 8/04/09 FICA W/H General Fund Streets & Roadways 313 .62 8/04/09 MEDICARE W/H General Fund Streets & Roadways 73 .36 8/04/09 FICA W/H General Fund Tree Maintenance 4 .93 8/04/09 MEDICARE W/H General Fund Tree Maintenance 1 .15 8/04/09 FICA W/H General Fund Parks & Recreation 395 .37 8/04/09 MEDICARE W/H General Fund Parks & Recreation 92 .46 8/04/09 FICA W/H Water Utility Water 129 .35 8/04/09 MEDICARE W/H Water Utility Water 30 .25 8/04/09 FICA W/H Sanitary Sewer Uti Sewer 109 .00 8/04/09 MEDICARE W/H Sanitary Sewer Uti Sewer 25 .49 8/04/09 FICA W/H Recycling Utility Recycling 6 .96 8/04/09 MEDICARE W/H Recycling Utility Recycling 1 .63 8/04/09 FICA W/H Stormwater Managem Stormwater Management 21. 71 8/04/09 MEDICARE W/H Stormwater Managem Stormwater Management 5. 07 TOTAL: 11,800. 15 ELECTRICAL INSTALLATION & MAINTENANCE 8/10/09 RELAMP AT VINEHILL General Fund Traffic Control/Str Li 232. 77 TOTAL: 232. 77 GOPHER STATE ONE-CALL, IN 8/10/09 JULY SVC Water Utility Water 119. 70 8/10/09 JULY SVC Sanitary Sewer Uti Sewer 119. 70 TOTAL: 239. 40 MISC. VENDOR DEBRA MAHONEY 8/10/09 DEBRA MAHONEY:ESCROW REFUN Escrow Deposit Age NON-DEPARTMENTAL 12,213. 81 EMI AUDIO 8/10/09 MUI-GARAGE JAM General Fund Parks & Recreation 189. 38 GENERAL SPORTS 8/10/09 YOUTH T-SHIRTS W/ COLOR IM General Fund Parks & Recreation 114. 00 JOE & BECKY ROE 8/10/09 ESCROW REF-6140 PLEASANT A Escrow Deposit Age NON-DEPARTMENTAL 1,500. 00 TOTAL: 14,017. 19 HECK, BRIAN 8/10/09 JULY CELL REIM General Fund Administration 79. 99 8/10/09 JULY EXP REIM General Fund Administration 99. 55 TOTAL: 179. 54 ICMA RETIREMENT TRUST-302131-457 8/04/09 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 1,609. 60 8/04/09 P/R DEDUCTS-DEFERRED COM General Fund NON-DEPARTMENTAL 210. 96 TOTAL: 1,820. 56 LANDINI, JAMES 8/10/09 C.H. SUPPLIES General Fund Municipal Buildings 8. 23 8/10/09 MILEAGE REIM General Fund City Engineer 69. 35 8/10/09 GPS DATE PHONE General Fund City Engineer 46. 02 8/10/09 S.S.CTR SUPPLIES Southshore Communi Senior Community Cents 160. 89 TOTAL: 284. 49 LEE PEST CONTROL INC 8/10/09 S.S.CTR-PEST SVC Southshore Communi Senior Community Cents 70. 00 TOTAL: 70. 00 LOCAL LINK 8/10/09 AUG WEB SVC General Fund Municipal Buildings 131. 80 08-06-2009 11:36 AM VENDOR NAME C O U N C I= R E P O RT BY VENDOR NAME AUGUST 10, 2009 DATE DESCRIPTION FUND DEPARTMENT PAGE: 3 AMOUNT TOTAL: 131 .80 MIDWEST MAILING SYSTEMS INC 8/10/09 AUG NEWSLETTER SVC General Fund General Government 345 .74 8/10/09 ADDT'L AUG POSTAGE General Fund General Government 17 .10 8/10/09 SEPT NEWSLETTER POSTAGE General Fund General Government 500 .00 TOTAL: 862 .84 MINNEHAHA CREEK WATERSHED DISTRICT 8/10/09 PRMT MAILING REIM-HARDLING Street Capital Imp Street Capt Improvemen 41 .70 TOTAL: 41 .70 MN DEPT OF REVENUE 8/04/09 STATE W/H General Fund NON-DEPARTMENTAL 2,028 .29 TOTAL: 2,028 .29 NGUYEN, MICHELLE 8/10/09 JUN MILEAGE REIM General Fund Finance 96 .80 TOTAL: 96 .80 NORTHERN WATER WORKS SUP 8/10/09 WATER METER Water Utility Water 276 .13 TOTAL: 276 .13 OFFICE DEPOT 8/10/09 GEN SUPPLIES General Fund General Government 5 .77 8/10/09 ENG . SUPPLIES General Fund City Engineer 49 .61 TOTAL: 55 .38 PAETEC 8/10/09 SVC 05/26 - 06/25 General Fund Municipal Buildings 421 .36 8/10/09 SVC 06/26-07/25 General Fund Municipal Buildings 411 .48 8/10/09 SVC 05/26 - 06/25 General Fund Public Works 44 .95 8/10/09 SVC 06/26-07/25 General Fund Public works 44 .95 8/10/09 SVC 05/26 - 06/25 General Fund Parks & Recreation 139. 75 8/10/09 SVC 06/26-07/25 General Fund Parks & Recreation 139. 75 8/10/09 SVC 05/26 - 06/25 Water Utility Water 94. 80 8/10/09 SVC 05/26 - 06/25 Water Utility Water 96. 35 8/10/09 SVC 06/26-07/25 Water Utility Water 94. 80 8/10/09 SVC 06/26-07/25 Water Utility Water 96. 35 TOTAL: 1,584. 54 PERA 8/04/09 P/R DEDUCTS-PERA General Fund NON-DEPARTMENTAL 3,043. 18 8/04/09 P/R DEDUCTS-PERA General Fund Administration 307. 04 8/04/09 P/R DEDUCTS-PERA General Fund General Government 395. 07 8/04/09 P/R DEDUCTS-PERA General Fund Finance 323. 27 8/04/09 P/R DEDUCTS-PERA General Fund Planning 427. 53 8/04/09 P/R DEDUCTS-PERA General Fund Protective Inspections 274. 20 8/04/09 P/R DEDUCTS-PERA General Fund City Engineer 188. 84 8/04/09 P/R DEDUCTS-PERA General Fund Public Works 451. 23 8/04/09 P/R DEDUCTS-PERA General Fund Streets & Roadways 346. 83 8/04/09 P/R DEDUCTS-PERA General Fund Tree Maintenance 5. 38 8/04/09 P/R DEDUCTS-PERA General Fund Parks & Recreation 402. 55 8/04/09 P/R DEDUCTS-PERA Water Utility Water 146. 75 8/04/09 P/R DEDUCTS-PERA Sanitary Sewer Uti Sewer 123. 69 8/04/09 P/R DEDUCTS-PERA Recycling Utility Recycling 7. 57 8/04/09 P/R DEDUCTS-PERA Stormwater Managem Stormwater Management 23. 65 TOTAL: 6,466. 78 POTTS, KENNETH N. 8/10/09 JULY PROSECUTIONS SVCS General Fund Professional Svcs 2,291. 66 TOTAL: 2,291. 66 PURCHASE POWER 8/10/09 POSTAGE REFILL General Fund General Government 1,218. 99 08-06-2009 11:36 AM VENDOR NAME QWEST REED BUSINESS INFORMATION SAFEASSURE CONSULTANTS SO LK MTKA POLICE DEPT SPEEDWAY SUPERAMERICA LLC SUN NEWSPAPERS T-MOBILE TONKA BAY-CITY OF TOTAL PRINTING SERVICES VEOLIA ENVIRONMENTAL SERVICES VERIZON WIRELESS WASTE MANAGEMENT-TC WEST WELLS FARGO HEALTH BENEFIT SVCS WESTSIDE WHOLESALE TIRE XCEL ENERGY C O U N C 1= R E P O RT BY VENDOR NAME - AUGUST 10, 2009 PAGE: 4 DATE DESCRIPTION FUND Dt AMO UNT TOTAL: 1,218 .99 8/10/09 JUL 25 - AUG 24 SVC General Fund Municipal Buildings 111 .85 8/10/09 JUL 25 -AUG 24 SVC Water U tility Water 59 .73 8/10/09 JUL 25 -AUG 24 SVC Water U tility Water 59 .73 TOTAL: 231 .31 8/10/09 SMITHTOWN LAN & HARDING AV Public Facility Fu Public Facility/Off Eq 182 .04 8/10/09 HARDING LN & SMITHTOWN 7/2 Street Capital Imp Street Capt Improvemen 182 .04 TOTAL: 364 .08 8/10/09 SAFETY TRAINING General Fund Public Works 2,775 .00 TOTAL: 2,775 .00 8/10/09 2ND QTR COURT OVERTIME General Fund Police Protection 981 .81 8/10/09 AUG OPERATING BUDGET EXP General Fund Police Protection 78,246 .00 TOTAL: 79,227 .81 8/10/09 GAS General Fund Public Works 1,318 .01 TOTAL: 1,318 .01 8/10/09 ERICKSON PLAT 07/23 General Fund Planning 35 .75 8/10/09 PROD 09-02 & 03 AFB - 07/2 Street Capital Imp Street Capt Improvemen 92 .95 TOTAL: 128 .70 8/10/09 JOE P. CELL -6/21-7/20 General Fund Protective Inspections 35 .05 TOTAL: 35 .05 8/10/09 HALF OF 2ND QTR CRESCENT B General Fund Parks & Recreation 187 .00 TOTAL: 187 .00 8/10/09 AUG NEWSLETTER SVC General Fund General Government 455 .52 TOTAL: 455 .52 8/10/09 JUL RECYCLING SVC Recycling Utility Recycling 6,990 .00 TOTAL: 6,990 .00 8/10/09 L.S. PHONES JUN 22-JUL 21 Sanitary Sewer Uti Sewer 211. 95 TOTAL: 211. 95 8/10/09 AUG SVC General Fund Public Works 148. 83 8/10/09 S.S.CTR-AUG SVC Southshore Communi Senior Community Cents 295. 08 TOTAL: 443. 91 8/04/09 P/R DEDUCTS-HSA General Fund NON-DEPARTMENTAL 305. 00 TOTAL: 305. 00 8/10/09 TIRES SWEEPER General Fund Public Works 1,429. 37 TOTAL: 1,429. 37 8/10/09 STATEMENT NO. 203772580 General Fund Municipal Buildings 1,014. 44 8/10/09 STATEMENT NO. 203772580 General Fund Police Protection 3. 84 8/10/09 STATEMENT NO. 203772580 General Fund Public Works 383. 55 8/10/09 STATEMENT NO. 203772580 General Fund Traffic Control/Str Li 26. 63 8/10/09 STATEMENT NO. 203772580 General Fund Traffic Control/Str Li 3,115. 80 8/10/09 5700 CTY RD 19 General Fund Traffic Control/Str Li 32. 24 08-06-2009 11 :36 AM C 0 U N C 7 L R E P O RT BY VENDOR NAME - AUGUST 10, 2009 PAGE: 5 VENDOR NAME DATE DESCRIPTION FUND DEPARTMENT AMOUNT 8/10/09 5700 CTY RD 19 UNIT LIGHTS General Fund Traffic Control/Str Li 144 .03 8/10/09 STATEMENT NO. 203772580 General Fund Parks & Recreation 521 .23 8/10/09 SS CENTER-ELEC-5735 CTRY C Southshore Communi Senior Community Cente 614 .64 8/10/09 24253 SMITHTOWN RD Water Utility Water 1,351 .07 8/10/09 STATEMENT NO. 203772580 Water Utility Water 108. 04 8/10/09 STATEMENT NO. 203772580 Water Utility Water 1,661. 19 8/10/09 STATEMENT NO. 203772580 Water Utility Water 3,434. 85 8/10/09 STATEMENT NO. 203772580 Sanitary Sewer Uti Sewer 453. 38 TOTAL: 12,864. 93 -PAYROLL EXPENSES 8/03/2009 - 99/99/9999 General Fund Administration 4,548. 70 General Fund General Government 6,155. 35 General Fund Finance 4,789. 25 General Fund Planning 6,333. 59 General Fund Protective Inspections 4,062. 33 General Fund City Engineer 2,797. 60 General Fund Public Works 6,684. 94 General Fund Streets & Roadways 5,137. 98 General Fund Tree Maintenance 79. 62 General Fund Parks & Recreation 6,883. 66 Water Utility Water 2,174. 10 Sanitary Sewer Uti Sewer 1,832. 47 Recycling Utility Recycling 112. 23 Stormwater Managem Stormwater Management 350. 25 TOTAL: 51,942. 07 FUND TOTALS 101 General Fund 176,995.96 401 Public Facility Fund 182.04 404 Street Capital Improvemen 316.69 490 Southshore Community Ctr. 2,399.61 601 Water Utility 15,512.26 611 Sanitary Sewer Utility 2,880.17 621 Recycling Utility 7,118.39 631 Stormwater ManagementUtil 400.68 880 Escrow Deposit Agency 13,713..81 GRAND TOTAL: 219,519.61 TOTAL PAGES: 5 08-06-2009 11:31 AM C O U N C I L R E P O R T BY DEPARTMENT - AUGUST 10, 2009 DEPARTMENT FUND VENDOR NAME DATE DESCRTTPTION PAGE: 1 AMOUNT NON-DEPARTMENTAL General Fund EFTPS - FEDERAL W/H PERA ICMA RETIREMENT TRUST-302131-457 AFSCME COUNCIL 5 MN DEPT OF REVENUE WELLS FARGO HEALTH BENEFIT SVCS Council General Fund BOB RICHARDS PHOTOGRAPHY Administration General Fund EFTPS - FEDERAL W/H PERA HECK, BRIAN **PAYROLL EXPENSES General Government General Fund EFTPS - FEDERAL W/H PERA MIDWEST MAILING SYSTEMS INC OFFICE DEPOT PURCHASE POWER TOTAL PRINTING SERVICES **PAYROLL EXPENSES Finance General Fund EFTPS - FEDERAL W/H PERA BURTON, BONNIE NGUYEN, MICHELLE **PAYROLL EXPENSES Professional Svcs General Fund POTTS, KENNETH N. Planning General Fund EFTPS - FEDERAL W/H PERA SUN NEWSPAPERS **PAYROLL EXPENSES Municipal Buildings General Fund LANDINI, JAMES PAETEC CENTERPOINT ENERGY 8/04/09 FEDERAL W/H 4,116. 13 8/04/09 FICA W/H 3,113. 77 8/04/09 MEDICARE W/H 728. 24 8/04/09 P/R DEDUCTS-PERA 3,043. 18 8/04/09 P/R DEDUCTS-DEFERRED COM 1,609. 60 8/04/09 P/R DEDUCTS-DEFERRED COM 210. 96 8/04/09 P/R DEDUCTS - UNION DUES 263. 48 8/04/09 STATE W/H 2,028. 29 8/04/09 P/R DEDUCTS-HSA 305. 00 TOTAL: 15,418. 65 8/10/09 COUNCIL PHOTO TOTAL: 8/04/09 FICA W/H 278 .46 8/04/09 MEDICARE W/H 65 .13 8/04/09 P/R DEDUCTS-PERA 307 .04 8/10/09 JULY CELL REIM 79 .99 8/10/09 JULY EXP REIM 99 .55 8/03/2009 - 99/99/9999 4,548 .70 TOTAL: 5,378 .87 8/04/09 FICA W/H 381 .64 8/04/09 MEDICARE W/H 89 .26 8/04/09 P/R DEDUCTS-PERA 395 .07 8/10/09 AUG NEWSLETTER SVC 345 .74 8/10/09 ADDT'L AUG POSTAGE 17 .10 8/10/09 SEPT NEWSLETTER POSTAGE 500 .00 8/10/09 GEN SUPPLIES 5 .77 8/10/09 POSTAGE REFILL 1,218 .99 8/10/09 AUG NEWSLETTER SVC 455 .52 8/03/2009 - 99/99/9999 6,155 .35 TOTAL: 9,564 .44 8/04/09 FICA W/H 296 .93 8/04/09 MEDICARE W/H 69 .45 8/04/09 P/R DEDUCTS-PERA 323. 27 8/10/09 JULY & AUG WELLNESS REIM 80. 00 8/10/09 JUN MILEAGE REIM 96. 80 8/03/2009 - 99/99/9999 4,789. 25 TOTAL: 5,655. 70 8/10/09 JULY PROSECUTIONS SVCS 2,291. 66 TOTAL: 2,291. 66 8/04/09 FICA W/H 363. 33 8/04/09 MEDICARE W/H 84. 96 8/04/09 P/R DEDUCTS-PERA 427. 53 8/10/09 ERICKSON PLAT 07/23 35. 75 8/03/2009 - 99/99/9999 6,333. 59 TOTAL: 7,245. 16 8/10/09 C.H. SUPPLIES 8. 23 8/10/09 SVC 05/26 - 06/25 421. 36 8/10/09 SVC 06/26-07/25 411. 48 8/10/09 GAS 16. 52 08-06-2009 11:31 AM C O U N C I L R E P O R T BY DEPARTMENT - AUGUST 10, 2009 PAGE: 2 DEPARTMENT FUND VENDOR NAME DATE I.-,_-C-- AMO UNT XCEL ENERGY 8/10/09 STATEMENT NO. 203772580 1,014 .44 LOCAL LINK 8/10/09 AUG WEB SVC 131 .80 QWEST 8/10/09 JUL 25 - AUG 24 SVC ill 85 TOTAL: 2,115 .68 Police Protection General Fund XCEL ENERGY 8/10/09 STATEMENT NO. 203772580 3 .84 SO LK MTKA POLICE DEPT 8/10/09 2ND QTR COURT OVERTIME 981 .81 8/10/09 AUG OPERATING BUDGET EXP 78,246 .00 TOTAL: 79,231 .65 Protective Inspections General Fund EFTPS - FEDERAL W/H 8/04/09 FICA W/H 232 .12 8/04/09 MEDICARE W/H 54 .30 PERA 8/04/09 P/R DEDUCTS-PERA 274 .20 T-MOBILE 8/10/09 JOE P. CELL -6/21-7/20 35 .05 **PAYROLL EXPENSES 8/03/2009 - 99/99/9999 4,062 .33 TOTAL: 4,658 .00 City Engineer General Fund EFTPS - FEDERAL W/H 8/04/09 FICA W/H 172 .83 8/04/09 MEDICARE W/H 40 .42 PERA 8/04/09 P/R DEDUCTS-PERA 188 .84 DEPT OF EMPLOYMENT & ECON DEV 8/10/09 2ND QTR BOYD BAILEY UNEMPL 6,204 .64 LANDINI, JAMES 8/10/09 MILEAGE REIM 69 .35 8/10/09 CPS DATE PHONE 46 .02 OFFICE DEPOT 8/10/09 ENG. SUPPLIES 49 .61 **PAYROLL EXPENSES 8/03/2009 - 99/99/9999 2,797 .60 TOTAL: 9,569 .31 Public Works General Fund EFTPS - FEDERAL W/H 8/04/09 FICA W/H 407 .52 8/04/09 MEDICARE W/H 95 .31 PERA 8/04/09 P/R DEDUCTS-PERA 451 .23 CATCO PARTS AND SERVICE 8/10/09 WIRE WAY 69 .16 PAETEC 8/10/09 SVC 05/26 - 06/25 44 .95 8/10/09 SVC 06/26-07/25 44 .95 AMERICAN MESSAGING 8/10/09 AUG PAGER SVC 8 .98 CENTERPOINT ENERGY 8/10/09 GAS 65 .20 XCEL ENERGY 8/10/09 STATEMENT NO. 203772580 383. 55 SAFEASSURE CONSULTANTS 8/10/09 SAFETY TRAINING 2,775. 00 SPEEDWAY SUPERAMERICA LLC 8/10/09 GAS 1,318. 01 WESTSIDE WHOLESALE TIRE 8/10/09 TIRES SWEEPER 1,429. 37 WASTE MANAGEMENT-TC WEST 8/10/09 AUG SVC 148. 83 **PAYROLL EXPENSES 8/03/2009 - 99/99/9999 6,684. 94 TOTAL: 13,927. 00 Streets & Roadways General Fund EFTPS - FEDERAL W/H 8/04/09 FICA W/H 313. 62 8/04/09 MEDICARE W/H 73. 36 PERA 8/04/09 P/R DEDUCTS-PERA 346. 83 **PAYROLL EXPENSES 8/03/2009 - 99/99/9999 5,137. 98 TOTAL: 5,871. 79 Traffic Control/Str Li General Fund ELECTRICAL INSTALLATION & MAINTENANCE 8/10/09 RELAMP AT VINEHILL 232. 77 XCEL ENERGY 8/10/09 STATEMENT NO. 203772580 26. 63 8/10/09 STATEMENT NO. 203772580 3,115. 80 8/10/09 5700 CTY RD 19 32. 24 8/10/09 5700 CTY RD 19 UNIT LIGHTS 144. 03 TOTAL: 3,551. 47 08-06-20097.1:31 AM C O U N C I L R E P O R T BY DEPARTMENT - AUGUST 10, 2009 PAGE: 3 DEPARTMENT FUND VENDOR NAME DATE DESC. AMO UNT Tree Maintenance General Fund EFTPS - FEDERAL W/H 8/04/09 FICA W/H 4 .93 8/04/09 MEDICARE W/H 1 .15 PERA 8/04/09 P/R DEDUCTS-PERA 5 .38 -PAYROLL EXPENSES 8/03/2009 - 99/99/9999 79 .62 TOTAL: 91 .08 Parks & Recreation General Fund EFTPS - FEDERAL W/H 8/04/09 FICA W/H 395 .37 8/04/09 MEDICARE W/H 92 .46 PERA 8/04/09 P/R DEDUCTS-PERA 402 .55 SIPES, INC. 8/10/09 JULY RENTAL 1,069 .80 COMMUNITY REC RESOURCES 8/10/09 PARK MEETING 7/20-7/31 1,980 .00 MISC. VENDOR EMI AUDIO 8/10/09 MUI-GARAGE JAM 189 .38 GENERAL SPORTS 8/10/09 YOUTH T-SHIRTS W/ COLOR IM 114 .00 PAETEC 8/10/09 SVC 05/26 - 06/25 139 .75 8/10/09 SVC 06/26-07/25 139 .75 CENTERPOINT ENERGY 8/10/09 GAS 33 .78 XCEL ENERGY 8/10/09 STATEMENT NO. 203772580 521 .23 TONKA BAY-CITY OF 8/10/09 HALF OF 2ND QTR CRESCENT B 187 .00 -PAYROLL EXPENSES 8/03/2009 - 99/99/9999 6,883 .66 TOTAL: 12,148 .73 Public Facility/Off Eq Public Facility Fu REED BUSINESS INFORMATION 8/10/09 SMITHTOWN LAN & HARDING AV 182. 04 TOTAL: 182. 04 Street Capt Improvemen Street Capital Imp MINNEHAHA CREEK WATERSHED DISTRICT 8/10/09 PRMT MAILING REIM-HARDLING 41. 70 REED BUSINESS INFORMATION 8/10/09 HARDING LN & SMITHTOWN 7/2 182. 04 SUN NEWSPAPERS 8/10/09 PROJ 09-02 & 03 AFB - 07/2 92. 95 TOTAL: 316. 69 Senior Community Cente Southshore Communi LANDINI, JAMES 8/10/09 S.S.CTR SUPPLIES 160. 89 LEE PEST CONTROL INC 8/10/09 S.S.CTR-PEST SVC 70. 00 CENTERPOINT ENERGY 8/10/09 S.S.CTR GAS SVC 6/17-7/21 33. 88 XCEL ENERGY 8/10/09 SS CENTER-ELEC-5735 CTRY C 614. 64 DREW KRIESEL 8/10/09 S.S.CTR- 7/12 & 7/20 CLEAN 187. 00 8/10/09 S.S.CTR- 7/12 & 7/22 CLEAN 613. 00 CORPORATE MECHANICAL 8/10/09 S.S. CTR-A/C CHECK UP 425. 12 WASTE MANAGEMENT-TC WEST 8/10/09 S.S.CTR-AUG SVC 295. 08 TOTAL: 2,399. 61 Water Water Utility EFTPS - FEDERAL W/H 8/04/09 FICA W/H 129. 35 8/04/09 MEDICARE W/H 30. 25 PERA 8/04/09 P/R DEDUCTS-PERA 146. 75 CHANHASSEN-CITY OF 8/10/09 018505-000 ACCT SVC ADDRES 103. 96 8/10/09 018505-001 ACCT SVC ADDRES 5,352. 95 GOPHER STATE ONE-CALL, IN 8/10/09 JULY SVC 119. 70 PAETEC 8/10/09 SVC 05/26 - 06/25 94. 80 8/10/09 SVC 05/26 - 06/25 96. 35 8/10/09 SVC 06/26-07/25 94. 80 8/10/09 SVC 06/26-07/25 96. 35 AMERICAN MESSAGING 8/10/09 AUG PAGER SVC 4. 49 CENTERPOINT ENERGY 8/10/09 GAS 27. 61 8/10/09 GAS 30. 06 XCEL ENERGY 8/10/09 24253 SMITHTOWN RD 1,351. 07 8/10/09 STATEMENT NO. 203772580 108. 04 8/10/09 STATEMENT NO. 203772580 1,661. 19 8/10/09 STATEMENT NO. 203772580 3,434. 85 08-06-2 )9 11:31 AM C O U N C I. L R E P O R T BY DEPARTMENT - AUGUST 10, 2009 PAGE: 4 DFP "'f FUND VENDOR NAME DATE DESCRIP'T'ION AMOUNT NORTHERN WATER WORKS SUP 8/10/09 WATER METER 276 .13 QWEST 8/10/09 JUL 25 AUG 24 SVC 59 .73 8/10/09 JUL 25 -AUG 24 SVC 59 .73 CITY OF BLOOMINGTON 8/10/09 JULY WATER TESTING 60 .00 *-PAYROLL EXPENSES 8/03/2009 - 99/99/9999 2,174 .10 TOTAL: 15,512. 26 Sewer Sanitary Sewer Uti EFTPS - FEDERAL W/H 8/04/09 FICA W/H 109. 00 8/04/09 MEDICARE W/H 25. 49 PERA 8/04/09 P/R DEDUCTS-PERA 123. 69 GOPHER STATE ONE-CALL, IN 8/10/09 JULY SVC 119. 70 AMERICAN MESSAGING 8/10/09 AUG PAGER SVC 4. 49 XCEL ENERGY 8/10/09 STATEMENT NO. 203772580 453. 38 VERIZON WIRELESS 8/10/09 L.S. PHONES JUN 22-JUL 21 211. 95 *-PAYROLL EXPENSES 8/03/2009 - 99/99/9999 1,832. 47 TOTAL: 2,880. 17 Recycling Recycling Utility EFTPS - FEDERAL W/H 8/04/09 FICA W/H 6. 96 8/04/09 MEDICARE W/H 1. 63 PERA 8/04/09 P/R DEDUCTS-PERA 7. 57 VEOLIA ENVIRONMENTAL SERVICES 8/10/09 JUL RECYCLING SVC 6,990. 00 *-PAYROLL EXPENSES 8/03/2009 - 99/99/9999 112. 23 TOTAL: 7.118. 39 Stormwater Management Stormwater Managem EFTPS - FEDERAL W/H PERA **PAYROLL EXPENSES NON-DEPARTMENTAL Escrow Deposit Age MISC. VENDOR DEBRA MAHONEY JOE & BECKY ROE FUND TOTALS 101 General Fund 176,995 .96 401 Public Facility Fund 182 .04 404 Street Capital Improvemen 316 .69 490 Southshore Community Ctr. 2,399. 61 601 Water Utility 15,512. 26 611 Sanitary Sewer Utility 2,880. 17 621 Recycling Utility 7,118. 39 631 Stormwater ManagementUtil 400. 68 880 Escrow Deposit Agency 13,713. 81 GRAND TOTAL: 219,519.61 8/04/09 FICA W/H 21 .71 8/04/09 MEDICARE W/H 5 .07 8/04/09 P/R DEDUCTS-PERA 23 .65 8/03/2009 - 99/99/9999 350 .25 TOTAL: 400 .68 8/10/09 DEBRA MAHONEY:ESCROW REFUN 12,213 .81 8/10/09 ESCROW REF-6140 PLEASANT A 1,500 .00 TOTAL: 13,713 .81 TOTAL PAGES: 4 Background / Previous Action At the July 27, 2009 meeting the Council asked additional questions and suggested a few more changes to the document. These changes are incorporated in the attached draft. Council asked a specific question on the calling of special meetings and the notification of period. There was a conflict in calling the meeting and notification of other members. I reviewed the statute and talked to Mary, City Attorney, and found the proposed language did not conform to statute. The language has been changed to reflect the statute. Another question was asked about the number of votes required to adopt an ordinance or an amendment. The proposed language referenced a majority vote, yet there are certain ordinances that require a 4/5 vote. The votes to pass an ordinance are actually covered in two areas: 9.2 and 10.3. 9.2 states "A majority vote of all members of the Council shall be necessary for approval of any ordinance unless a larger number is required by statute." Language was added to section 10.3 to further clarify that more than a majority is needed if specified by statute or existing ordinance. Options The council may choose to 1. Approve the policy and procedure. 2. Amend and refer to next meeting 3. Amend and adopt Staff Recommendation Staff recommends the Council approve the attached policy and procedure for Council meetings. Council Action: a. The term of office for the Mang orM or shall be two (2) years. b. The term of office for (`or€iic,il «i}-ici_I members shall be staggered four (4) year terms. c. Newly elected or re-elected members shall take the oath of office immediately preceding the start of the first meeting of the year. 1.2 Term Begins. The term of office for a newly or reelected Lt>trw ilCounciI member or Mayo€,lkjavor shall begin on the first Monday in January following the election; however, incumbent t 1! r 0 LHICi-1, members or Mayer_Mavor shall serve until the newly elected or reelected members are duly sworn in and qualified. 2. Meetings 2.1 Public Meeting. Except as otherwise provided in the open meeting law, all O0U1r(.rIC7u1rCil meetings, including special, emergency, and adjourned meetings of all e-oAm--rlCounc..i1„ committees shall be open to the public. 2.2 Initial Meeting. At the first regular eeu w.4_(ouncil meeting in January of each year, the C-OUneOC.Ouncil shall: I ) Designate the depositories of city funds 2) Designate the official newspaper; 3) Choose an acting +i ayi--Irklavor from the ce141161Council members who shall perform the nla -oriM n or's duties during the r- "firklavor's absence, disability from the city, or in case of vacancy in the office of rxyrayar, until a successor has been appointed and qualifies; 4) Appoint necessary officers, employees, and members of board, commissions, and committees. 2.3 Regular meetings. Regular meetings of the city oou~ncWounc-il shall be held on the second and fourth Monday of each calendar month at 7:00 p.m. Any regular meeting falling on a holiday shall be held on the next following business day at the same time and place. The city clerk shall maintain a schedule of regular meetings. This schedule shall be available for public inspection during regular business hours at the city clerk's office. All meetings, including special emergency meetings, shall be held in the city hall. 2.4 may call any two (2) members of the ei~~ut~+1Conucil Comment fci7: ~r1nM1111~ s~~tLltl u• 1') 1 s<<~~ y Call a special g of the eo ,IIC'ounci,l upon at-leas€:~4-h~xi+~~-written notice to the city clerk. A request submitted to the city clerk via e-mail shall be considered written notice. The clerk shall deliver written notice to eaeh-all members of the it and .4la" n~r+I-wrtttC n -n~>tie~ -Ott-fert~-tliri,e-(--) gays -lir {'ere-tlie-t~}ec,t-its=~d;~te-tt~-th<vht>-hz3:ve rcc-fuest%c~-nE~tie~af=~E+c1~lpt;c;iai-r~aect-iri=s=f=h%recJuc~t-#<>r s{~~ial-meetin~~~ust--h~C Std the da€e:-time:-and localion c>f the rrteettng. -The clerk may notify-the other members-of 7 in4 4-& the'-ci3t+t~e~E~tntl-rr* Tcir4nz'1-trt-~e'.`i ~i`Uzi-c'"nk~rl-Y~F}f1-tethwc-;;rC-ri-~r~ ...,vu :(,n-W`tth delivered bc~{~i nclzt ter he me ti+ .of the time and lace of the meeting at least one d y beLore 2.5 Emergency meetings. The neap )f.\Ia\'or or any two (2) eE)u++e,4C0UnCil members may call an emergency meeting when circumstances require the immediate consideration of a matter by the eetma c)uncil_. Notice may be in writing personally delivered to ac}urte+lCoun.0- members or may be in the form of a personal telephone communication. Notice must include the date, time, place, and purpose of such a meeting. Where practical, the clerk shall make an effort to contact news gathering organizations that have filed a request to receive notice of special meetings. 2.6 Work Sessions. Work sessions of the t' nci,l, are held for the purpose of having informal discussion on an issue or topic and where no formal action is taken. 2.7 Quorum. At all eounc4K..'ouncil meetings a majority of the elected eoun-ei4(`_ouncil members shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time. 2.8 Notice of Meetings. With the exception of emergency meetings, all meeting of the Cm+nilCotu~ci I shall be posted at City Hall at least three (3) days prior to the meeting noting the time, location and issues to be discussed. 3. Order of Business 3.1 Agenda. The Administrator shall prepare an agenda of business for each regular eounci-{E_cu ncil meeting in consultation with the presiding officer. (-'micas ouncil members and members of the public may request an item be placed on the agenda by contacting the Administrator and providing a description of the item and supporting documentation for the item. A copy of the agenda shall be provided to the Administrator by 2:00 pan. on the Thursday preceding the meeting. The agenda shall be prepared in accordance with the order of business and copies shall be delivered to each eouReil(bttnciI member and to others as far in advance of the meeting as time for preparation will permit. No item of business shall be considered unless it appears on the agenda for the meeting or is approved for addition to the agenda by a majority vote of the couneilC;ouncil members present. 3.2 Agenda materials. The Administrator shall see that at least one copy of printed materials relating to agenda items is available to the public in the meeting room while the coupe-ilCouncil considers the subject matter. The agenda item shall not be considered unless this provision is complied with. This section does not apply to materials that are classified as other than public under the Minnesota Government Data Practices Act or materials from closed meetings. 2 _,-P a f- e 3.3 Delivery of Agenda. The Agenda and supporting materials are delivered to the Li1CouI7cil members in person or electronically the Thursday before the Monday meeting. 3.4 Order of Business. Each meeting of the city eottrre-4( ounciI shall convene at the time and place appointed. (=au-116lt'ou1161 business shall be eandueed -con (Iucte-d_in the following order unless varied as provided herein. 1) Cal l to Order, 2) Roll Call. 3) Review Agenda 4) Approval of Minutes 5) Consent Agenda 6) Matters from the Floor 7) Reports and Presentations 8) Public Hearings 9) Parks 10) Planning 11) Engineering/Public Works 12) General and New Business 13) Staff and { atr Cc~unciI Reports 14) Adjournment 3.5 Varying order. With the consent of a majority of the C:ouneilCouncil, the order of business may be varied by the VIryOrNlavor; however, all public hearings shall be held at the time specified in the notice of the hearing. 3.6 Public Comments. Questions or comments from the public will be limited to the subject under consideration upon recognition of the MtyaFN1avor or by a majority vote of the Council. The May~-WMati or may limit the time provided to address the Couno4l('ouncil on an issue. The public may comment or raise an issue of concern for items not under consideration by the G_ouncil(_`ouncil, during the the"iIVIatters.from the_Floor .portion of the _agendatime se# as+dc #i r +lr ce nrment . The t ~une+1('oirnci l will not take action on the issue raised at the meeting and the Mayofkla M may limit the time allowed for such comments.. 3.7 Consent Agenda. Routine, non-controversial items will be placed on the consent agenda for approval in one blanket motion. A tc)uneiiCyouncil member or member of the audience may request that an item be removed for separate consideration; however, a eetunc-il_Couricil member may abstain from voting, vote against, or re-cu-&sjc,cErse themselves from voting on, any consent agenda item without requesting its removal. Abstentions will be recorded in the minutes. 4. Presiding Officer 3iPa 4.1. Presiding Officer. The Nlay+ zvor is the presiding officer at all meetings of the (-4)+rnailCouncil. In the absence of the yOrMavo,_, the acting fflay-m-Vlavor shall preside. In the absence of both, the Administrator shall call the meeting to order and shall preside until the counod-Cofinc.il members present at the meeting choose one of their number to act temporarily as presiding officer. -E,hc selection of a Letnvora.r\, presiding officer shall he<accomplished by _nomination and_Enaiority vole of,the memhers._present, 4.2. Participation of the M„ The Ma"Nlayor may move, second, and debate from the chair, subject only to the same limitations of debate imposed on all (atoneilCouncil members. The i V Ivor is not deprived of any rights and privileges of a eouneilCouht-il member by reason of acting as presiding officer. However, the rty;r\1aor is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extending debate on questions before the eoun,24t .),Uncil, he or she should consider turning the chair over to another member. 4.3 Maintenance of Order. The mayorlVlavor is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the uiaytwMay_or. All questions and remarks must be addressed to the nna3,arMayor, or through the +nra-y-&t 1tayor to the appropriate eot€nodC:otnicil member, staff, citizen of-or representative;,: 4.4 Powers. The nnayarl~Iavor has the following powers: a. To rule motions in or out of order, including any motion obviously offered for obstructive or dilatory purposes; b. To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; c. To entertain and answer questions of parliamentary law or procedure; d. To call a brief recess at any time; and e. To adjourn in an emergency. A decision under (a), (b), or (c) may be appealed to the eouneiI,Council upon motion of any member by_use_._of'a point oforde,r. This motion is in order only immediately after the challenged decision is announced. The member making the motion need not be recognized by the mtnyorl4ayor, and the motion may not be ruled out of order if it is made timely,. 5. Rules, Decorum, and Order 5.1 Points of Order. The ma-von_Vlavor will determine all points of order subject to the right of any member to appeal to the eoun6l(:'ouncil. If any appeal is taken, the question will be, "Should the decision of the maven-Mayor be sustained?" A majority vote will govern and conclusively determine the question of order.. 4_i_l' 1 g e.. Comment [c2]: "I he in«ni i~ far p,- who - h to sped. ~r add,ess mtother member ofthe I C coed, staff_ of public. to µ ast from the %lacor Tc imitisiaai to Jo so es in V i1oi_1 v, _uld Iikc to usk Puhhc works Director B.--Or simply :iddie-i:g the ilbwl to obtain tine door in order to 'ask the question. Comment [c3]: A Cbc ncil member kill use the Point of Order process to appeal a decision made by (hc 1vdayor. This is accompl"I"d by add~cssins the V1a, nr and misim_ a point of ordcr_ Upon _ r rooguition of the MLI~Or, the C-11-1 131-11- raises the objection noel "rouncls Ibr tha objection which is the❑ voted on by the Council to dC(enninc if the Me~ors decision should bC Upheld or over ruled. Comment [c4]: ti-abo- 5.2 Decorum and Order - 4- _Council Members. a. A eouncilCou,ncil member desiring to speak must address the inavork1avor and upon recognition, must address only the question under debate. b. A courai-ICouncil member desiring to question the staff must address the question to the city administrator or city attorney, in appropriate cases, who will respond to the inquiry or designate a staff member to do so. c. A c-c?ww4lC:ouncil member, once recognized, may be interrupted while speaking only if called to order by the mayOrjay, a point of order is raised by another coon lCotr,nciI member, or the speaker chooses to yield to questions from another Cotme+lCourrciI member. d. A e-ounc-4 ouncil member called to order while speaking must cease speaking immediately until the question of order is determined. If ruled to be in order, he or she may proceed. If ruled to be not in order, he or she must remain silent or alter his or her remarks so as to comply with rules of the comme;ilCouncil. e. C'.)UnUi1COunciI members must accord courtesy to each other, to city employees, and to the public appearing before the eounoilCounciI and must refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. f. A eotm"Council member may move to require the fl-l&fa. fAIayor to enforce the rules. Upon the affirmative vote of a majority of the oaiH1 i-IC'oG1ncil, the r a-v<ar,%Iavor must do so. 5.3 Decorum and Order - Employees. Staff members must observe the same rules of procedure and decorum applicable to members of the e,-mmeilCouncil. The city administrator must ensure that they observe such decorum. Any staff member, including the city administrator, desiring to address the c~un~+lC=ouncil. or members of the public must first be recognized by the Pryor 1?ay«r. All remarks must be addressed to or through the maAvkWNlay.or. 5.4 Decorum and Order - Public. Members of the public attending the councilC;ouncil meetings must observe the same rules of order and decorum applicable to the c+7une-dC urrcil. The iwiyor-Mayor may order the removal of any person who makes inappropriate remarks or who becomes boisterous while addressing the f ouneilCouncil and bar that person from further audience with the iaoune41000nCil. 5.5 Enforcement of Decorum. The city administrator must carry out the orders and instructions of the niayorl laver for maintaining order and decorum in the 'a(AHBEilCbunciI chambers. 5.6 Personal Privilege. The right of a member to address the Lei-lCouncil on a question of personal privilege is limited to cases in which his or her integrity, character, or motives are questioned or impugned. $II'aS, 5.8 Conflict of Interest. Any Council member prevented from voting because of a conflict of interest, must refrain from debate and voting. ThateountiWouncil member may choose to leave the eo> meil('ottncil chambers during debate and voting on the issue. 5.9 Limitation of Debate. A e}.cilC'~~~rncil_nien-r.ber normally should speak only once on a subject until every other Co.u.ncil member choosing to speak has done so. 5.10 Dissents and Protests. A com"CouiaciI member has the right to express dissent from or to protest any action of the eouni 44('oouncil. A e-om"kCouneil member wishing to have the dissent or protest entered in the minutes should state so with language such as "I would like the minutes to show that I am opposed to this action for the following reasons:" 5.11 Procedure in Absence of Rules. In the absence of a rule to govern a point or procedure, Robert's Rules of Order, Newly Revised, should be used as a guide. 5.12 Rulings of :kLal-( Final Unless Overruled. The n-1a-y(>QMavor will decide all questions or interpretations of these rules, point of order or other questions of procedure, requiring ruling. Unless overridden or suspended by a majority vote of the C43taa4l(;'oun6l members present and voting, a ruling is final and binding for purposes of the matter under consideration. 5.13 Amendment of Rules. These rules may be amended at any regular meeting or at a special meeting that includes amendment of the rules as one of the stated items to be considered. Adoption of an amendment requires an affirmative vote equal to at-]Lmst-two- t-144 1'5 of all the actual membership of the eounei-lCoinicil, excluding vacant seats. 6. ADDRESSING THE (OUNt" 1LCOt NCII. 6.1 Manner of Addressing the (-7'00 a .ACounci1. A member of the public desiring to address the ct}uneilCoinlciI is to proceed to the podium and wait to be recognized by the n:iayor`lavor. After being recognized, he or she is to state his or her name and address for the record. All remarks and questions are to be addressed to the mftyevVlavor and not to an individual eoune il(Com cil member, staff member, or other person. During a public hearing, all remarks must be limited to the subject under consideration. No person may enter into any discussion without being recognized by the rrmyk)rMa vor. 6.2 Addressing the CouiteilCouncil after Motion is Made. After a motion has been made, or after a public hearing has been closed, no person may address the eounilC outwil without first securing permission from the Mmay~~Mavor or 0. on ma'ol rity_tiote of the, Council. - 6.3 Limitations Regarding Public Comments and Reports. The nrayoiNlavor may limit or rule out of order a speaker who addresses the cOunc 1C OLutcil on a topic that is 6-~ fa a ~ e_ currently before, or about to be submitted for consideration by, a city commission, board or other agency. If an appeal procedure is or was available, the n-+&vOr Llatiavoor may not allow oral communication to the eotmk;-i1Council outside that procedure. This rule is intended to ensure that a matter follows the appropriate process and that discussion takes place in the proper forum. 6.4 Written Correspondence. The city administrator is authorized to open and attend to all mail addressed to the mayaF.Mavor or t Council not marked personal and that appears to relate to city business. All administrative business in those communications that does not require eoimeilCouneil action may be disposed of be between LX) n eilC_:auncil, meetings. A copy of any communication to the eouncilCouncii must be sent to each tint}af 'ouncil member weekly. Correspondence to therr~ +lat_c>r or individual members not of general interest to the cou+ac+l_C ~tuncil should be forwarded to the person addressed. Communication delivered to city hall relating to a matter pending, or to be brought before city c-€mneiI('otnlcil, must be included in the agenda packet for the meeting at which the item is to be considered. Letters of appeal from administrative or commission decisions must be processed under applicable ordinance provisions. 7. MOTIONS 7.1 Motions Out of Order. A member may make only one motion at a time. A substantive motion is out of order while another substantive motion is pending. 7.2 Division of Question. If the question contains two or more propositions, the t3aaI -ah(os may, and upon request of a member, must, divide the same. 7.3 Withdrawal of Motions. A motion may not be withdrawn by the mover without the consent of the person seconding it. 7.4 Precedence of Motions. When a motion is before the e:ounejlC,ouncil, only procedural motions may be considered, in order of priority listed below. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote of the full eout~uilCout3cj,l„ for adoption. 7.5 Motion to Adjourn (not debatable). A motion to adjourn is in order at any time except: a) When made as an interruption of a member while speaking; b) When discussion has ended and vote on a motion is pending; and c) While a vote is being taken. 7.6 Motion to Fix Hour of Adjournment. Unless otherwise agreed to by at least a majority of the c ~timc+lC'ounoil, all meetings and study sessions of the eau ~i1C.ouncil must be adjourned by I ' 11:00 ap.m. A motion to set a different specific time at which to adjourn is not debatable and not subject to amendment except by unanimous vote. Comment [c5]::A I r I ;,ml- Could r~iisc p" i r of ord" should the- Ma"), line _ - . •akcr out „ oider. A speaker or the. public can net ~p etd zi decision of the iUi%or as then urr not p.:rt of the nrciine Council mornbcr t3ailcr ~ctmtcd to include m~i~nrin of Council on this ""t") I, h c' ability for the Council to i Irv a I:oint -1 Dreier, t i I I c in 1)12 1000ti plislhcd os ti ]'i101 ih: Oi CR Council can o' -idemiM{I%o'"d';wswn 7.7 Motion to Suspend the Rules. A motion to suspend provision of these rules may be approved only by a vote equal to ' -thir IW4i of the actual membership of the councilC'_ouncil, excluding any vacant seats. 7.8 Motion to Table. A motion to table is not debatable and precludes all amendments or debate of the subject under consideration. If the motion prevails, the matter may be "taken from the table" at any time prior to the end of the next regular meeting, unless the motion is to either table indefinitely or to a date certain. If the motion is to table indefinitely, the matter may not be rescheduled without at least a majority approval of the 00 aMM i(Counci1. 7.9 Motion to Limit or Terminate Discussion. A motion to limit or terminate discussion may be used to limit or close debate on, or prohibit further amendment to, the pending motion. It is not debatable. If the motion fails, debate must be reopened; if the motion passes, a vote must be taken on the pending motion. 7.10 Motion to Amend. A motion to amend is debatable only as to the amendment. A motion to amend an amendment is in order, but a motion to amend the amendment to an amendment is not in order. An amendment modifying the intention of a motion is in order, but an amendment relating to a different matter is not in order. A substitute motion on the same subject is acceptable, and voted on before a vote on the amendment. Amendments must be voted on first, then the main motion as amended. 7.11 Motion to Continue. Motions to continue to a definite time are amendable and debatable as to propriety and time set. 7.12 Motion to Reconsider. A motion to reconsider an action already taken must be made by a member who voted with the prevailing side, which is the majority side except that in the case of a tie, the "no's" prevail. The motion must be at the meeting during which the original vote was taken, including any continuation of that meeting. The motion cannot interrupt deliberation on a pending matter, but is in order at any time before final adjournment. If a motion to reconsider is adopted, the prior action taken by the c un(-24 ~'oul?c-il is rescinded, and the matter is returned to the status that it had immediately before the prior vote was taken. The motion previously voted upon will once again be pending. 7.13 Motion to Rescind or Repeal. A motion to rescind or repeal an action previously taken is appropriate when the time for reconsideration has expired. A motion is not in order if rescission or repeal of an action is forbidden by law. 8. Keer)ina Record of the Meeting and Minutes 8.1 Keeping of Minutes. Minutes of each ei}Ctnincil meeting shall be kept by the clerk or designee. In the absence of both, the presiding officer shall appoint a secretary pro tem. Ordinances, resolutions, and claims need not be recorded in full in the minutes 81PafYe if they appear in other permanent records of the clerk and can be accurately identified from the description given in the minutes. 8. 2 Approvals. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the clerk and copies shall be delivered to each eou-nMCounc_if member as soon as practicable after the meeting. At the next regular meeting following such delivery, approval of the minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. If there is no objection to a proposed addition or correction, it may be made without a vote of the ck-mooiWouncil. If there is an objection, the eOuttC~ilCouncil shall vote on the addition or correction. If there are no additions or corrections, the minutes shall stand approved. 8.3 Publication. The clerk shall make available to the public within thirty (30) days of a regular or special meeting including the action on motions, resolutions, ordinances, and other official proceedings. Providing access to the minutes through the city's website shall meet the requirements under this subdivision. 8.4 Audio and Video Recording. All regular and special meetinLs of the Citv Council as well as \vork sessions will be recorded and televised and/or available _lo viewing X.a wet) streaming. Executive or closed sessions of the Council shall not be recorded unless reeuue:d by Minnesota St.aute. 9. Voting Procedure 9.1 Voting. The votes of the members on any question may be taken in any manner, which signifies the intention of the individual members, and the votes of the members on any action taken shall be recorded in the minutes. The vote of each member shall be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. If any member is present but does not vote, the minutes, as to that member's name, shall be recorded as an abstention. 9.2 Votes required. A majority vote of all members of the 00uneilC0unci] shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. 9.3 Failure To Achieve Required Votes. A matter that fails to achieve the required number of votes for passage, including a tie vote, is deemed denied. The eouneilCouncil members voting in opposition may state their reasons for the record. A matter is not deemed denied if the eet+rw44CounciI continues the matter to another e& Cou_n_ 61 meeting by a motion adopted by the same number of votes needed for passage. 10. Ordinances. 911-a_g_e 10.1 Introduction. Every new ordinance or amendment to an existing ordinance will be introduced to the c=(mneilCoul cil at a work session to get feedback and input. The eoun ilCouncil can refer the matter to an advisory board or commission at this time. 10.2 Public Bearing. A public hearing on the ordinance or amendment to an ordinance is not required unless specified in City Code or sState Law. The eotuilC"curcil may, at its discretion, hold a public hearing. 10.3 Adoption. An ordinance can only be considered for adoption at the next meeting of the ~tuaei-IE ouncii following the introduction of the ordinance. Unless otherwise specified b sL,ttuc oI e isfing.or,(-lhi-ance, an ordinance or amendment thereto will be adopted by a majority vote of the erasnei1C:ouncil. 10.4 Repeals and amendments. Every ordinance and resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment. 10.5 Publication. The administrator shall ensure publication of the adopted ordinance. The e-ounc=ilCounciI may authorize publication of summary of the ordinance by resolution passed by a majority vote of the e-ouna.Counci 1. 11. Committees. 11.1 Committees designated. The following committees shall be appointed by the cotitiCouncil at the first regular meeting in January of each year., Appointment shall be done via consensus, however. if more than one member desires appointment to the same committee, thc-Cotnlcil_4t dl Vote and majority shall determine the members to - committees and commissions. I-)----la-vestInenIl.(3n'if#3P1tCe-arid 2 ?-=f-ec4i aO 4e, y-(27om rrti ttce 11.2 Referral and reports. Any matter brought before the eouneilCouncil for consideration may be refereed by the presiding officer to the appropriate committee or commission, or to a special committee or commission that the presiding officer appoints to prepare [ br a written report and recommendation before it is considered by the c-ouneilCormcil as a whole. A majority of the members of the committee or commission shall sign the report and file it with the clerk prior to the c-o C'OLI zcil meeting at which it is to be submitted. Minority reports may be submitted. Each committee._o-r_cc2nt-1 l?-issi.ori. shall act promptly and faithfully on any matter referred to it. Comment [C6]: l aic inlcni is to prop idea I' ~ i uliw of sous l~; tl ~e Council to h;~ ~ ucucr ibnn to rh s:aus the policy imp icautons tmo oth:r sispec , pr posc l rdinute~ I, ameeidmenL 101 _i a_ e.- Department: Planning Council Meeting: 8/10/09 From: Brad Nielsen, Planning Director item Description: Wildwood Preliminary Plat Extension Item Number Background / Previous Action in February of this year, Synergy Land Company received approval of a preliminary plat for seven, single- family residential lots on the east side of Strawberry Lane. At the time, Mr. Brent Hislop indicated that the timing of the final plat would depend on the market conditions in six months. He has now requested an extension of the deadline for filing his final plat. In his request letter, attached, he asks for a 180-day extension. Options Approve the extension, deny the extension, or modify the extension. Staff Recommendation In light of the current market, staff recommends approval of the extension. Council Action: } F o of the City Cotincil, C:illy Staff us C is, N,%e are 101, ~ a lCil ` Lit v f and to b,-- he Cib, C_f ur grill'-I 1 dlscussl with the C y, ,ve cievel€ p in Spy t~ 2010. 'lat { i') 80 day ts. TI nin of O l ' 1. 4he prelim plat approv 2-N, we have close on the r C, r. Sir e'v c' rare-up and contractor ived a Epproval from the 4 sio n our pond rnali lent. 2. Sale We area 1 )n--thin Wildwood. >e to the site's laNOUt, f - d locacio~ itive fl.{-,.,i both bu'b )d the general public. The C i<irket is gr; f ti[ [~5" f 70 rte'. „ (-autiorl 'r. -1 -e we've received several i gut have n t j -lily sal` -d buyer. a,iarket conditions, this is c xN7ith our ~t; tio~l.c sales in the ~ ing of 2010. Tirn;, - )hysical deve' 1. norty is finked to sales. Upon l"ll flat for tl"._: C s C )n and approval. We expect r. C c har) red PrelllztE Pla4. We continue to be cornmitted to t and the sti c c.c with the Wddwood P lacy Plat. We appr(' i z,ness t Preliminary flat e) idol. Thank yogi a me wi Vii. Department: Planning Council Meeting: 8/10/09 Item Number From: Brad Nielsen, Planning Director Item Description: Themig-Heppner Variance Resolution Background / Previous Action At its 13 July 2009 meeting the City Council directed staff to prepare a resolution denying a variance request by Mark Themig and Brad Heppner for their property at 21780 Lilac Lane. The attached resolution sets forth findings of fact and conclusions denying the variance. Options Approve, deny, or modify. Staff Recommendation Mr. Themig had requested an extension that put his application past the 60-day rule requirement. In order to stay within the 120-day rule, staff recommends that the attached resolution be adopted and forwarded to the applicants. CITY OF S REWOO RESOLUTION NO. A RESOLUTION DENYING A SETBACK VARIANCE AN VARIANCE TO EXPAND A NONCONFORMING STRUCTURE FOR MA THEMIG AN BRAD HEPPNER WHEREAS, Mark Themig and Brad Heppner (Applicants) propose to add on to their existing home located at 21780 Lilac Lane, extending the first floor, replacing the existing attached garage and adding a second story and a wrap-around porch to the home on the property, said property being described as: "That part of Lot 135, Auditor's Subdivision No. 120, Hemlepin County, MN." WHEREAS, the existing home on the property does not comply with the setback requirements of the Shorewood Zoning Code, and the Applicants have therefore made application for a variance; and WHEREAS, the Applicants' request was reviewed by the Planning Director and his comments are included in memoranda, dated 28 May 2009 and 9 July 2009, which memoranda are on file in the Shorewood City Hall; and WHEREAS, a public hearing was held and the application was reviewed by the Plamling Commission on 2 June 2009 and, after deliberation, the Planning Commission voted to not recommend the variance; and WHEREAS, the City Council at its regular meeting held on 13 July 2009 reviewed the material submitted by the Applicant, written and oral public testimony, the recommendation of the Plamling Commission and the Planning Director's memoranda; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT The Applicants' property is located in an R-lA, Single-Family Residential zoning district which requires a 50-foot front yard setback, 10-foot side yard setbacks and a 50-foot rear yard setback. 2. The Applicants' house is located approximately 34.4 feet back from the Lilac Lane right- of-way, encroaching over 15 feet into the front yard setback. The Applicants' property contains 56,180 square feet of area and 204 feet in width. 4. The existing home contains approximately 1071 square feet of floor area, plus an additional 240 square feet of floor area in a dormer above the first floor. The existing garage contains approximately 280 square feet of area. 5. The Applicants propose to expand the home to a total of 4432 square feet, including the wrap-around porch, but not including the lowest level of the house. 6. The Shorewood Zoning Code imposes restrictions on the enlargement, extension, or structural alteration of nonconforming structures, provided that such expansion does not increase the nonconformity and complies with height and setback requirements of the district in which it is located. CONCLUSIONS The variance requested by the Applicants constitutes a significant deviation from the requirements of the Shorewood Zoning Code. 2. The Applicants' property can be put to a reasonable use under the conditions imposed by the Shorewood Zoning Code. The Applicants have not met the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has failed to establish any undue hardship as defined by Minn. Stat. Section 462.357, Subd. 6(2). 4. The Applicants' request for the variance set forth above is hereby denied. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 10th day of August 2009. ATTEST: Christine Lizee, Mayor Brian Heck, City Administrator/Clerk J - i Department Council Meeting Item Number Administration/Parks August 10, 2009 7-A From: Brian Heck, City Administrator.; Item Description: Park Capital Plan 2009/2010 Background / Previous Action The Park Commission recommended and the City Council approved hiring a consultant to help the Park Commission develop a revised master plan for the park system. The City contracted with TKDA to conduct the study and prepare the updated master plan. Over the past few months, the Park Commission has been working on prioritizing improvement projects for 2009 and 2010 based on the revised master plan and the adopted 2009 capital improvement plan for parks. Jeremy Norman, Chair of the Park Commission presented information to the Council at the July 27, 2009 meeting and outlined several projects for the next two years. The following are the recommendations from the Park Commission for improvement projects in the parks for 2009. 1. Uniform park signage in all the parks - estimated cost $30,000 2. Picnic Shelter at Silverwood Park (canopy type) estimated cost $13,000 3. Develop design and specifications for Manor Park warming house $50,000 0 4. Bike racks $1,20 TOTAL $94,200 The Manor Park will spill into the 2010. The plan is to do the design and plans for the structure in the fourth quarter of 2009 and bid the project in the first quarter with construction to take place as soon as possible in the spring. 2010 projects include: 1. Upgrade Badger park warming house (paint, roofing, etc.) $ 3,500 2. Installation of trails at Badger and Silverwood $15,000 0 3. Tennis Court overlay 3,00 TOTAL $21,500 The Park Coordinator is already working on the signs, bike racks and picnic shelter projects and is planning to present information to the Council for approval at the next couple meetings. Council Action: The June 30 balance in the Park Improvement Fund was $250,000 with an additional $45,000 transfer planned in 2009. The projected balance in the fund for 2009 if the proposed projects are approved is $200,800. Options The council may choose to 1. Approve the projects as stated for 2009/2010 and authorize staff to proceed. 2. Approve some, but not all, the projects and authorize staff to proceed. 3. Approve projects for 2009 and authorize staff to proceed 4. Do not authorize the projects. Staff Recommendation Staff recommends the Council approve the projects as recommended by the Park Commission and authorize staff to proceed in getting the projects completed. Department: Planning Council Meeting: 8/10/09 Item Number From: Brad Nielsen, Planning Director Item Description: Gideon Cove Amended Declaration Background / Previous Action In May of 1992 the City approved a Planned Unit Development (PUD) for six twin-homes (12 units) to be constructed on a new street named Lawtonka Drive (see Site Location map - Exhibit A, attached). The PUD included a peninsula of land on the north side of Timber Lane that had two existing docks on it. The peninsula was set aside as common open space for the use of the Gideon Cove residents. As part of that approval, the City required a provision to be placed in the declaration of covenants stating that two existing docks were to be assigned to two of the unit lots within the development. The Gideon Cove Homeowner's Association is in the process of updating its declaration of covenants (see ILIFF letter - Exhibit B, attached) and has asked the City to approve the amended document. The City's interest in this document is to ensure that the docks in question remain assigned to two of the lots, and that the common spaces for the PUD be maintained in perpetuity. Staff asked the City Attorney to review the document and has been advised that the new declaration preserves the City's interest. For anyone wishing to review the entire declaration, it is attached as Exhibit C. Options Approve the amended declaration, deny the amended declaration, or modify the declaration. Staff Recommendation Staff recommends approval of the amended declaration, and that staff be directed to prepare a resolution for adoption at the next meeting. Council Action: •J 11'8 / \ ~ ` O d:2 2.7 iH t~F F,~ \ a 3 8 8 ' 0 /69 t23) \ See the Township file for the a 1912 survey by the B.L.M. ° /6qs (29) P 49.2- (4) 1 n 269 38)P~ t 032 39 o a 66.7! - 16.24 Lq f~ 99,881 293 t (91~ I 1 a- 3, to .g X21 , (58)' e w n (51)(50) 0• '2S9s 1 I (L a".. (52) 40 35 d ' 69 ' p12 a.1 h U 49) 93 :(57)13 I De 1 I - a~ ° oP 4° (48) E 9 43' 0°2°15'; 150 c 3 43 43 43. 130 >~a05E 140 -i40---- N89°13' 1'E 9OLM1° ?~9, 93 ` (47 5,,- )saf DOC a o y3 (46 45 g , N PART OF iLOT 292 v'/,~h 93 0 43 (44 °(43 42 Q p ❑~D ~vr 9i /R:S 93 -43 43 (7) (8) 9 (36) m P n s<o3~' S) 304 o ~ OUTLOT A v ~4°37°352.5 88.31N 110 294 ( (55) r - 7 ° 153.4 a --IIS 9 (62) r------- - - - _ i- -t` 128 u' 1 ul 128 I - a~ 11 r o 288 q6 1, 0 uNi N 128 i 10~+oi° S °m A 3\ a o 8 31,28'-4- (45) (49) 1(50) I I O a-- ,n:~i 1 , , (I) N o (40)~ • o , 9 o' 0 6 ;o - 290 g I 1 N c~ Jr , , 6.69.. \F 1 s 3 ©~a ; (44) (43) 289 I I N (48) o oN' 9%, i I 128'°^tiiN1287 '~Q i 1'. 252% In , 8 I v , 138.39• \3' , o 5I0 128.15 €d 1 a 128.15 30 10; 8 32 25 t d2 b` i 3,65 , p8't3'E ¢a v 402- 27 60 83.6 N79° ° I 152.45 v 128.2 98.67 50 O L A 65. too too i m m I a o of I N , - N (/t N, i M ' m II8 12L1i Cn PART OF LO 184 i i ART 0 LOT 28 1 m " (22) r ) PART 118 50.09 LOT 21 Ln :m (42) WESY 9.92 f41) Q 12 23.29 38 8 t50 s - (4) .550 CS~~ . g ~n f\n I - 1N 1;\ 01 PART F LOT 286 n ' 0 L B w w X 4% (l8) W 2 L- 1 3 2 - = 528.25 - _ (13) o q. ° Q (20) ° (19) N - 200 2 0 - N 0 15 M125 125 100 i 278.25 15116 71 6 ° do 0 4 92 0 (21) 0 105.48 m L1 L! L~ 1 N 01 . IfI' 2 Ila m 6 - 118 xM 9 (8) 1 123.1 (9) r - u 3 n p (14) 149.24 ' - co 3 tD• 5g, 1 N (24) - 14E) (3) 0 71 . 39.84 - (II) (10) N 3 '=-T "oF _ 6g So °4Q R=50 160 WE 87.So 169.75 " ` y - (13 18916 V m _OT 28 6 . v 34 01 6 39.84 v (23) N '(25) ' (24) ° n (2) 39.76 60 125 60 6a 4295 ' N ( 5 m r, 81 o a a R \ \0' psi in 8/~ p„ q 43 n - TTE ° CUR 5° M v ° N (22) GILLE I 0 M - ~(25) U 1601 r~ - A G 156.19 109.9 l6-4 - 59.9 89.64 \ + A o 109.9 44.25 U i. 0 9 0 170.23 N i12a l P m C~0 V :..3S/ g u (17) _ c !~/J 0 1 O.IA (52) ° L_ (33 2 ° R_50 5 7 (2G) ) I 1 ti 120• v9 201.311 \0• w 4 0 5 M 6 Po N N ® ° 160 O •9 n - i i9 N N (12) N (13) N (14) N (5U N IT`1.71 C) N 9 ~5 A6 n I 6 D L1V 128_, .w1 i w N (32) , ~ 9 II9 1 (26) U~~ D M d (27) ° no - 118 181.75 (27) n M 12 _ 11 ST, m 10 f o 109.4 110 200 160 °D N (28) m 63A1 6 219.4 ° 171 IQ 50 31.7 N / PHONE. 952-922-4647 Toys XX. l tr l s A --~L® 4830 FRANCE AVENUE SOUTH F'Ax: 952-922-4788 ATTORNEY AT LAw E+ DINA, MlNNEsoTA 55410 E-MAIL: TILIFF@TODDRILIFFPA.COM July 10, 2009 VIA EMAIL briielsengei.shorewood.mmus Mr. Brad Nielsen City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Re: Gideon Cove Homeowners Association, Inc. Dear Mr. Nielsen: This letter follows our telephone conversations of last week wherein we discussed that I represent Gideon Cove Homeowners Association, Inc. ("Association"), with respect to various matters. We also discussed that the Association was seeking to amend its governing documents and as a result wished to seek the consent of the City of Shorewood pursuant to the current Declaration of Covenants, Conditions and Restrictions for Gideon Cove ("Original Declaration"). As discussed, this letter will briefly outline the Association's plans and rationale and provide you with information regarding the request for approval. I have attached hereto a copy of the Original Declaration as well as a copy of the proposed Amended and Restated Declaration. The Association is seeking to "opt-in" to provisions of the Minnesota Common Interest Ownership Act ("MCIOA"). MCIOA became effective on June 1, 1994, but with respect to non-condominium developments it applies in total only to those that were originally constructed on or after that date. Thus, in order to become fully governed by the statute, the Association is required to "opt-in" to the statute by completely amending the Original Declaration and its Bylaws to conform to the requirements of MCIOA. The Association would enjoy many advantages by opting-in to MCIOA. The largest legal advantage is the "statutory authority" which MCIOA provides. In other words, under MCIOA, the Association, through its Board of Directors, may adopt, amend and revoke rules and regulations covering a broad variety of topics, and may enforce these rules and regulations with the "statutory authority" of MCIOA behind it. Essentially, MCIOA provides the Association with the legal authority to do virtually anything that the Association needs to do, provided it is in the best interests of the Association (and within the bounds of the Association's governing documents). Currently, the only legal authority which the Association has is that which is specifically set forth in its Declaration and Bylaws. In other words, the sole legal "authority" or right of the Association to undertake any action comes from the binding obligations on the Members of the Association created by these documents. ~uh',b;fi b Mr. Brad I-T; ` i City of Sl__-a: July 9, 2009 Rage 2 As you may be aware, older the homeowner association governing documents are often vague and are full of legal jargon. The MCIOA statute clears-up many of these ambiguities and provides the Board, the Members, and even lawyers and judges with a clearly defined basis for determining the Association's legal power and authority. An MCIOA Opt-in also modernizes an association's documents and creates a readily understandable and modern fonnat for homeowners, buyers and real estate agents. This allows an older association to be on a level playing field with newer associations in the area of unit resales. For these reasons, the Association has decided to amend its governing documents and is seeking the consent of the City of Shorewood as required by the Original Declaration. Article XII of the Original Declaration requires the City's consent to amendment that affect the following section of the Original Declaration. These sections and the changes in the Amendment and Restated Declaration are outlined below. Article III, Section 6, Dock Easements: there is no change to this section. The original Dock Easements are incorporated into the Amended and Restated Declaration. See Section 13 of the Amended and Restated Declaration. Article VI, Exterior Maintenance: There is no material change to the manner or requirements for exterior maintenance. See Section 9 of the Amended and Restated Declaration. Article IX, Architectural Control: There is no material change to the manner or requirements for Architectural Control by the Association. See Section 8 of the Amended and Restated Declaration. Article X, Section 1-7, Building and Use Restrictions: There is no material change to the manner or requirements for Building and Use Restrictions by the Association. See Section 7 of the Amended and Restated Declaration. Article XII, Section 4, Amendments: There are minor changes on the method of amendment, since the manner of amending the document is now dictated by MCIOA and modem practices. See Section 15 of the Amended and Restated Declaration. I trust that the foregoing is sufficient for the City's needs in reviewing and approving the Amended and Restated Declaration. Mr. rat N;-lsen City o-, :orewood July 9, 09 Rage 3 Should you have any questions, comments or concerns, please do not hesitate to contact me. Thank-you. Very truly yours, 7 Todd R. Iliff Attorney at Law TRI/tem cc: Client COMMON INTEREST COMMUNITY NUMBER A Planned Community GIDEON COVE AMENDED AND RESTATED DECLARATION Each'~brf ~ TABLE OF CONTENTS SECTION 1 DEFINITIONS SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES -3- SECTION 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS -5- SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS -6- SECTION 5 ADMINISTRATION -6- SECTION 6 ASSESSMENTS FOR COMMON EXPENSES -8- SECTION 7 RESTRICTIONS ON USE OF PROPERTY -11- SECTION 8 ARCHITECTURAL CONTROL -14- SECTION 9 MAINTENANCE -15- SECTION 10 PARTY WALLS -I6- SECTION 11 INSURANCE -18- SECTION 12 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN -20- SECTION 13 EASEMENTS - 21- SECTION 14 COMPLIANCE AND REMEDIES - 23- SECTION 15 AMENDMENTS - 26- SECTION 16 RIGHTS OF ELIGIBLE MORTGAGEES - 26- SECTION 17 MISCELLANEOUS - 28- r LN INTE - 8 C MMU TITY N A Planned C'e _ _ _ity GL EON COVE AMENDED AN S'L'ATE DECLARATION This Amended and Restated Declaration ("Declaration") is made in the County of Hennnepin, State of Minnesota, on this day of , 2009, by the Owners of the Lots within the Gideon Cove Homeowners Association, Inc., a Minnesota non-profit corporation (hereinafter the "Association") to which at least ninety (90%) percent of the votes of the Membership of the Association are allocated, for the purposes of electing to become subject to the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B. WHEREAS, a Declaration of Covenants, Conditions and Restrictions for Gideon Cove ("Declaration") dated September 8, 1992, filed January 15, 1993 in the Office of the Hennepin County Recorder as Document No. 6025401 and in the Office of the Hennepin County Registrar of Titles as Document No. 2333633, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Gideon Cove, dated April 7, 1993, filed in the Office of the Hennepin County Recorder as Document No. 6065768 and in the Office of the Hemlepin County Registrar of Titles as Document No. 2365372 and that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Gideon Cove, dated May 8, 1997, filed in the Office of the Hennepin County Recorder as Document No. 6740349 and also filed in the Office of the Hennepin County Registrar of Titles ("Original Declaration"); and WHEREAS, the Association desires to subject itself to the provisions of the Minnesota Connnon Interest Ownership Act (hereinafter the "Act"), pursuant to section 515B.1-102(d); and WHEREAS, this Declaration and any subsequent amendments shall from hereinafter govern the real property which is legally described as: See attached Exhibit A ("Property"). Each Unit's Unit Identifier is its lot and block number and the subdivision name and the Original Declaration shall be void and no longer applicable to the real estate; and WHEREAS, at least ninety (90%) percent of the Lot Owners have consented and duly adopted this instrument as required under the Original Declaration as affirmed and evidenced by the affidavit of the Secretary of the Association, attached hereto as Exhibit D and made a part hereof. NOW, THEREFORE, the Association makes this Declaration and the Owners are thereby deemed to submit the Property to the Act as a planned cornmunity under the name "Gideon Cove" consisting of the Units described in Section 2. The Association further declares that this Declaration shall constitute covenants which run with the Property, and the Property shall hereafter be owned, transferred, conveyed, and occupied subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all persons owning or acquiring any right, title or interest therein, and then heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Association" shall mean Gideon Cove Homeowners Association, Inc., a Minnesota non-profit corporation which is governed pursuant to Chapter 317A of the laws of the State of Minnesota and Minnesota Statutes Section 51513.3-101, whose members consist of all Owners as defined herein. 1.2 "Board" shall mean the Board of Directors of the Association as provided for in the Bylaws. 1.3 "Bylaws" shall mean the Amended and Restated Bylaws of the Association dated June 15, 2005, as amended or restated or any other subsequent bylaws governing the operation of the Association, as amended from time to time. 1.4 "Common Elements" shall mean all parts of the Property except the Units, including all improvements thereon, owned by the Association for the common benefit of the Owners and Occupants. The Common Elements are legally described in Exhibit C attached hereto. 1.5 "Common Expenses" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Counmon Expenses in the Declaration or Bylaws. 1.6 "Dwelling" shall mean a pant of a building consisting of one or more floors, designed and intended for occupancy as a single family residence, and located within the boundaries of a Unit. The Dwelling includes any garage attached thereto or otherwise included within the boundaries of the Unit in which the Dwelling is located. 1.7 "Eligible Mortgagee" shall mean a person or entity owning a mortgage on any Unit, which mortgage is fast in priority upon foreclosure to all other mortgages which affect the Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.8 "Governing Documents" shall mean this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. -2- 1.9 "Member" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.10 "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. 1.11 "Owner" shall mean a Person who owns a Unit, but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of Section 515B.1-103(29) of the Act. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.12 "Party Wall" shall mean the shared wall between two Dwellings. 1.13 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 1.14 "Plat" shall mean the recorded plat depicting the Property pursuant to the requirements of Section 515B.2-110(d) of the Act, and satisfying the requirements of Minnesota Statutes Chapter 505, 508 or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 1.15 "Property" as previously set forth above shall mean all of the real property submitted to this Declaration, including the Dwellings and all other strictures and improvements located thereon now and in the future. 1.16 "Rules and Regulations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6. 1.17 "Unit" shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon, but excluding the Conurion Elements. Any terms used in the Governing Documents, and defined in the Act and not in this Section, shall have the meanings set forth in the Act. SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES 2.1 Units. There are twelve (12) Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be -3- created by the subdivision or conversion of Units pursuant to Section 51513.2-112 of the Act. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference, and a schedule of Units is set forth on Exhibit E. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name. 2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.2., all spaces, walls, and other improvements within the boundaries of a Unit are a part of the Unit. 2.3 Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on or across the Common Elements as shown on the Plat, subject to any restrictions set forth in the Declaration. 2.4 Use and Enjoyment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration. 2.5 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement as described in Section 13. 2.6 Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of the appurtenant easements for encroachments as described in Section 13. 2.7 Dock Easements. Dock easements are more particularly described in Section 13.5 below. 2.8 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 2.9 Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the Act or the terms of the easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.10 Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. -4- C ION 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 3.1 Common Elements. The Common Elements and their characteristics are as follows: a. All of the Property not included within the Units constitutes Common Elements. The Common Elements include those parts of the Property described in Exhibit C or designated as Common Elements on the Plat or in the Act. The Common Elements are owned by the Association for the benefit of the Owners and Occupants. b. The Common Elements shall be subject to certain easements as described in Section 2, and to the rights of Owners and Occupants in Limited Cornrnon Elements appurtenant to their Units. C. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Section 6. 3.2 Limited Common Elements. The Limited Conunon Elements are those parts of the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units to which they are allocated, and the rights to the use and enjoyment thereof are automatically conveyed with the conveyance of such Units. The Limited Common Elements are described and allocated to the Units as follows: a. Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing columns, or any other components or fixtures lying partially within and any partially outside the boundaries of a Unit, and serving only that Unit, are allocated to the Unit they serve. Any portion of such installations serving or affecting the function of more than one Unit or any portion of the Common Elements is a part of the Common Elements, but is not a Limited Common Element. b. Improvements such as decks, patios, balconies, shutters, awnings, window boxes, doorsteps, stoops, perimeter doors and windows, constructed as part of the original construction to serve a single Unit, and authorized replacements and modifications thereof, if located outside the Unit's boundaries, are Linuted Common Elements allocated exclusively to that Unit. -5- SECTION ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall ternunate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. 4.2 Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Cornrnon Expenses shall be permitted as provided in Section 6.1. 4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights and Conunon Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association; provided, that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fillly described in Section 3 of the Bylaws. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents, the Rules and Regulations, and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Docuurnents and the Act, be responsible for the operation, management and control of the Property. The Association shall have all powers described in the Governing Documents, the Act and the statute under which it is -6- incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. 5.2 Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible and (iii) preserving the value and architectural uniformity and character of the Property. 5.3 Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4 Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association. 5.5 Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing Documents and the Act; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 5.6 Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in fin-therance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets; Surplus Funds. All fiords and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. -7- SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for Common Expenses shall be determined and assessed against the Units by the Board, in its discretion; subject to the limitations set forth in Section 6.2 regarding annual assessments, Section 6.3 regarding special assessments, and the requirements of Section 8.1 of the Bylaws. Assessments for Common Expenses shall include amiual assessments and may include special assessments. Assessments shall be allocated among the Units according to the Common Expense allocations set forth in Section 4.2, subject to the following qualifications: a. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Colninon Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost with respect to each Unit, b. Any Common Expense or portion thereof benefiting fewer than all of the Units may be assessed exclusively against the Units benefited, on the basis of (1) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. C. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. Reasonable attorneys' fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or his or her guests, may be assessed against the Owner's Unit. C. Fees, charges, late charges, fines and interest may be assessed as provided in Section 14. f. Assessments levied under Section 51513.3-116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Corm-non Expense liabilities. g, if any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or Occupant, or his or her guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. -8- E If any installment of an assessment becomes more than thirty (30) days past due, then the Association may, upon ten (10) days written notice of the Owner, declare the entire amount of the assessment immediately due and payable in full. In the event Common Expense liabilities are reallocated for any purpose authorized by the Act, Common Expense assessments and any installments thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. j. Assessments under Subsections 6.1 a through h shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Arniual assessments shall be established and levied by the Board, subject only to the limitations set forth in Section 6.3. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve sufficient to cover the periodic cost of maintenance, repair and replacement of the Common Elements and those parts of the Units for which the Association is responsible. Notwithstanding anything to the contrary, the maximum arnlual assessment may be increased by the Board each year by not more than ten (10%) above the maximlun annual assessment for the previous year without a majority vote of the membership at a meeting duly called for the purpose of such vote. 6.3 Special Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part (1) the cost of any foreseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. Notwithstanding the foregoing, any special assessment shall be subject to approval by the vote of a majority of those Owners voting, in person or by proxy, at an annual meeting or at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners as described in the Bylaws. 6.4 Liability of Owners for Assessments. The obligation of an Owner to pay assessments shall eonnlence at the later of (i) the time at which the Owner acquires title to the Unit, or (ii) the due date of the first assessment levied by the Board, subject to the alternative assessment program described in Section 6.6. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Corn-- non Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 14, in addition to any remedies provided elsewhere in the -9- Governing Documents, the Rules and Regulations, or by law, for the purpose of enforcing its rights 1--rr .r. Except as otherwise specifically set forth herein, the rate of assessment shall be uniform or equal for all Units. 6.5 Assessment Lien. The Association has a lien on a Unit for any assessment levied against that Unit from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association pursuant to Section 515B.3-102(a)(10), (11) and (12) of the Act are liens, and are enforceable as assessments, tinder this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 6.6 Foreclosure of Lien; Remedies. A lien for Common Expenses may be foreclosed against a Unit under the laws of the State of Minnesota (i) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Unit. 6.7 Lien Priority; Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if (i) a first mortgage on a Unit is foreclosed, (ii) the first mortgage was recorded on or after June 1, 1994, and (iii) no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to Sections 51513.3-115(x), (h)(1) to (3), (1), and (1) of the Act which became due, without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. 6.8 Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. -10- SECTION 7 RESTRICTIONS N USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 7.1 General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in firrtherance of a. plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. 7.2 Subdivision Prohibited. Except as permitted by the Act, no Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 7.3 Residential Use. The Units and the Common Elements shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient, hotel, connnercial, business or other non-residential purposes, except as provided in Section 7.4. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than seven (7) days, or any occupancy which includes any services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.4 Business Use Restricted. No business, trade, occupation or profession of any kind whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees, and (ii) the Association may maintain offices on the Property for management and related purposes. 7.5 Leasing. Leasing of Units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit may be subleased, (iii) that all leases shall be in writing, and (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and Regulations and the Act, and (v) that any failure of the lessee to comply -11- with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. 7.6 Parking. a. (General. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Association. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. b. Ownership of each Unit shall entitle the owner or owners thereof to the exclusive use, subject to the rights of the Association, to that driveway area lying on the Common Elements between said Owner's Unit and the public right of way, except that parking of automobiles is expressly prohibited on the peninsula area legally described as Outlots A, B and C, Lawtonka, Hennepin County, Minnesota according to the recorded plat thereof. 7.7 Animals. No animal may be bred, kept or maintained for business or commercial purposes, anywhere on the Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except human beings. 7.8 Quiet Enjoyment, Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 7.9 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. 7.10 Alterations. No alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in any part of the Common Elements, or in any part of the Unit which affects the Common Elements or another Unit or which is visible from the exterior of the Unit, without the prior written -12- authorization of the Board, or a committee appointed by it, as provided in Section 8. The Board, or the appointed connnnittee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 7.11 Time Shaves Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.12 Access to Units. In case of emergency, all Units and Limited Common Elements are subject to entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 9 and for enforcement purposes under Section 14. 7.13 Obstructions. There shall be no obstruction of the Common Elements, nor shall there be stored or kept upon any part of the Common Elements any watercraft, vehicles, equipment or other personal property without the prior written consent of the Association, except to the extent an Owner has easement rights over part of the Common Elements for the maintenance and storage of a dock. 7.14 Prohibition of Damage and Certain Activities. Nothing shall be done or kept on any Unit or on the Common Elements or any part thereof, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the Common Elements or any part thereof or of the exterior of the Units and buildings shall be committed by any Owner or any invitee of any Owner, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused by him or his invitees to the Association or other Owners. No noxious, destructive or offensive activity shall be allowed on any Units or in the Common Elements or any part thereof, nor shall anything be done thereon which may be or may become an annoyance or nuisance to any other Owner or to any other person at any time lawfully residing on the Properties. 7.15 Fences, Walls and Patios. No Owner shall construct, relocate, heighten, lower or otherwise move or change any fence, w a 11 or patio upon, adjoining or adjacent to the Common Elements except as provided in this Declaration. 7.16 Prohibited Structures. No structure of a temporary character, trailer, basement, tent, storage shed or shack shall be maintained or used on any Unit at any time as a residence or sleeping quarters, either temporarily or permanently. 7.17 Storage. Outside storage or placement of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, playground equipment, -13- yard and garden tools and equipment and trash and garbage containers, shall not be allowed. No watercraft, snowmobiles, trailers, camping vehicles, unlicensed or inoperable automobiles or trucks or other vehicles shall at any time be stored or parked on any Unit outside of a house or garage. No such watercraft, automobiles or trucks or other vehicles shall be stored or parked on any part of the Common Elements. 7.18 Sims. No sign of any kind shall be displayed to the public view on any Unit, except as permitted by regulations adopted by the Board. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restrictions on Alterations. The following restrictions and requirements shall apply to alterations on the Property: a. Except as expressly provided in this Section 8, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of any Dwelling or any other part of a Unit which is visible from the exterior of the Unit (collectively referred to as "alterations"), shall be commenced, erected or maintained in a Unit, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Board of Directors or a committee appointed by it. b. The criteria for approval shall include and require, at a minimum, (i) substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii) comparable or better quality of materials as used in existing improvements, (iii) ease of maintenance and repair, (iv) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with govern rental laws, codes and regulations. C. Approval of alterations which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit as to which the alterations are approved; provided, that any easement for a deck or patio other than as originally constructed shall be approved by resolution of the Board of Directors and a file of such resolutions shall be maintained permanently as a part of the Association°s records. 8.2 Review Procedures. The following procedures shall govern requests for alterations under this Section: -14- a. Detailed plans, specifications and related information regarding any proposed alteration, in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty (60) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The Board of Directors shall give the Owner written notice of approval or disapproval. If the Board of Directors fails to approve or disapprove within sixty (60) days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. C. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in whose Unit the alterations are made, by the Association or another Owner, within six (6) months following the date of completion of the alterations. Notice may be direct written notice or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six (6) months following completion and that the notice was not given. 8.3 Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing or pemnitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner as further described in the Act. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit as further described in the Act. SECTION 9 MAINTENANCE 9.1 Maintenance by Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Common Elements. In addition, for the purpose of preserving the architectural character, quality, uniformity and high standards for appearance of the Property, the Association shall (i) provide for exterior maintenance -15- upon the Dwelling in each Unit that is subject to assessment as follows: paint and replace roc---, gutters, downspouts, decks, garage doors (except hardware), and exterior siding and other b surfaces, and (ii) provide for law, shrub and tree maintenance on all Units, except for watering. The Association's obligations shall exclude windows, window hardware, glass and window frames, patios, entry doors, door hardware, air conditioning equipment, foundations and foundation walls, structural members and any other items not specifically referred to in this Section, unless otherwise approved under Section 9.2. The Association shall have easements as described in Section 13 to perform its obligations under this Section 9. The costs of any maintenance performed by the Association on any of the above items which benefits fewer than all of the Units, may be assessed to the Units and Unit Owners benefitted in accordance with the provisions of Section 6.1, whether or not such item maintained, repaired or replaced is a limited common element or part of a Unit. 9.2 Optional Maintenance by Association. In addition to the maintenance described in this Section the Association may, with the approval of a majority of votes cast in person or by proxy at a meeting called for such purposes, undertake to provide additional exterior maintenance to the Units or Dwellings, or maintenance of water and sewer systems within the Units. 9.3 Maintenance by Owner. Except for the exterior maintenance required to be provided by the Association under Section 9.1 or 9.2, all maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the Association of defects in or damage to those parts of the Property which the Association is obligated to maintain. The Association may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniforn criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. 9.4 Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or his or her guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. SECTION 10 PARTY WALLS 10.1 General Rules of Law to Apply. Each Dwelling wall built as part of the original construction of the Dwelling and located on the boundary line between Units shall constitute a party -16- wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 10.2 Repair and Maintenance. The Owners of the Units which share the party wall shall be responsible for the maintenance repair and replacement of the party wall in proportion with their use; provided (i) that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner, and (ii) that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for their respective shares of the cost to the extent not covered by insurance. 10.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use of the wall may, with the consent of the Association, restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his or her share of the cost of restoration thereof; provided, however, that the cost of restoration resulting from destruction or other casualty resulting from the acts or omissions of any Owner shall be the financial responsibility of such Owner, and the Association may assess the responsible Owner for his or her share of the costs, without prejudice to the right of an Owner to recover a larger contribution from the other Owner. Insurance claims shall be made promptly following any casualty. 10.4 Weatherproofing. Notwithstanding any other provision of this Section, any Owner who, by his or her negligent or willfiil act, causes a party wall to be exposed to the elements shall bear the whole cost of the repairs necessary for protection against such elements. 10.5 Right to Contribution Runs With Land. The right of any Owner to contribution fi-om any other Owner under this Section shall be appurtenant to the Unit and shall pass to such Owner's assign and successors in title. 10.6 Arbitration. In the event of any dispute arising concerning a party wall, and if the same is not resolved within thirty (30) days of the event causing the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association, upon the written demand of the Association or any Owner whose Dwelling shares the party wall. Each party agrees that the decision of the arbitrators shall be final and conclusive of the questions involved. The fees of the arbitrators shall be shared equally by the parties, but each party shall pay its own attorney fees or other costs to prove its case. -17- SECTION 11 INSURANCE 11.1 Required Cover°a ge. The Association shall obtain and maintain, at a minimum, a policy or policies of insurance in addition to the insurance requirements set forth in the Declaration and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Mimlesota, as follows: a. property insurance on the Common Area for broad form covered causes of loss, and in a total amount of not less than the full insurable replacement cost of the insured property, less deductibles, at the time the insurance is purchased and at each renewal date, exclusive of items normally excluded from such property insurance policies; and b. The insurance maintained under subsection ll.l.a above shall exclude the Lots, Living Units and structures within the Lots. At the sole and exclusive option of the Association, as determined by the Board of Directors, as directed to the Association's insurance carrier in writing, the Association may elect to procure insurance coverage for the Lots, Living Units and structures within the Lots. In the event that the Association elects to procure such coverage, the insurance need not cover the following items within the units: (i) ceiling or wall finishing materials, (ii) floor coverings, (iii) cabinetry, (iv) finished millwork, (v) electrical or plumbing fixtures serving a single unit, (vi) built-in appliances, or (vii) other improvements and betterments, regardless of when installed. If at the option of the Association, any improvements and betterments are covered, any increased cost of insurance may be assessed by the Association against the Lots and Living Units affected. c. Comprehensive public liability insurance covering the use, operation and maintenance of the Common Area, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. d. Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association if deemed by the Board of Directors to be in the best interest of the Association and the Owners and only if such insurance is available at a reasonable cost. The fidelity bond or insurance shall name the Association as the named insured and shall be written in an amount equal to the greater of (i) the estimated -18- e. Workers' Compensation insurance as required by law. f. Directors' and officers' liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. g. Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. 11.2 Owner's Personal Insurance. Each Owner shall obtain personal insurance coverage at his or her own expense covering fire and other casualty to the Lot and Living Unit, personal property or personal liability. All such policies provide coverage on a current replacement cost basis in an amount not less than one hundred (100%) percent of the insurable value of the Lot and Living Unit. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Association. The proceeds of any such policies shall be used first for the repair, replacement or reconstruction of the exterior of the Living Unit and shall be adjusted by the Association as described in Section 11.4. Each one shall provide the Association with reasonable proof of such insurance, such as an ACCORD certificate not less than annually or upon reasonable request by the Association. The Association shall be named as a loss payee in all such policies to the extent of its insurable interest and shall be notified by the Owner's insurance company of any termination or cancellation of such policy. 11.3 Premiums, Improvements; Deductibles. In the discretion of the Board of Directors, insurance premiums may be assessed and paid by the Association. The Association may, in the case of a claim for damage to a Lot or Living Unit, (i) pay the deductible amount as an expense of the Association, (ii) assess the deductible amount against the Lots affected in any reasonable manner, or (iii) require the Owners of the Lots affected to pay the deductible amount directly. 11.4 Loss Payee; Insurance Trustee. All insurance coverage maintained by the Association or the Owners for any Lots or Living Units shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, including mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any policy maintained by the Association or any policy maintained by an Owner, to the extent the insured loss relates to the exterior of any Living Unit. In the event of a covered loss, the Association through the Board of directors (or through a -19- qualified insurance trustee selected by the Board) shall act on behalf of all parties in interest to resolve the claim as described above. The Owners shall fully cooperate with the Board or trustee to resolve the loss in accordance with the requirements of the applicable insurance policies. The Board of Directors may make rules, regulations and polices from time to time regarding the procedures to be used by the association in adjusting such losses and claims. 11.5 Waivers of Subrogation. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an Owner, members of the Owner's household, officers or directors, as applicable, and, if available, waivers of any defense based on co-insurance or of invalidity from any acts of the insured. 11.6 Cancellation; Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least thirty (30) days prior written notice to the Association, all of the insureds and all mortgagees. 11.7 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any Insurance Trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement by law. 11.8 No Contribution. All policies of insurance maintained by the Association shall be the primary insurance where there is other insurance in the name of the Owner covering the same property, and may not be brought into contribution with any insurance purchased by Owners or their mortgagees. 11.9 Effect of Acts Not Within Association's Control. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Properties over which the Association has no control. SECTION 12 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 12.1 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage or destruction thereof shall be governed by the Act. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. The Association shall have all authority necessary to cause the Property to be reconstructed, including without limitation the -20- authority (i) to require the Owners to enter into reconstruction contracts on their respective Units, or (ii) to contract for the reconstruction of the Units on behalf of the Owners. Notice of substantial damage or destruction shall be given pursuant to Section 16.10. 12.2 Condemnation and Eminent Domain.. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern. 12.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to an Eligible Mortgagee pursuant to Section 16.10. SECTION 13 EASEMENTS 13.1 Easement for Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments in favor- of the adjoining Units for fireplaces, walls, roof overhangs, air conditioning systems, decks, balconies, porches, patios, utility installations and other appurtenances (i) which are part of the original construction of the adjoining Unit or the Property or (ii) which are added pursuant to Section 8. If there is an encroachment by a Dwelling, or other building or improvement located in a Unit, upon another Unit or Dwelling as a result of the constriction, reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Dwelling, building or improvement, and for the maintenance thereof, shall exist; provided that with respect to improvements or alterations added pursuant to Section 8, no easement shall exist unless the same have been approved, and the proposed improvements constructed, as required by this Declaration. Such easements shall continue for as long as the encroaclm7ent exists and shall not affect the marketability of title. 13.2 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 13.3 Utilities Easements. The Property shall be subject to non-exclusive, appurtenant easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utilities companies providing service to the Units for the installation and maintenance of utilities metering devices. -21- 13.4 ation and "cope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 13.5 Dock Easements. Lot 5, Block 1, Gideon Cove shall be conveyed together with a dock easement hereby created and described as follows: Together with an exclusive perpetual easement for the construction, replacement, maintenance and storage of a dock platform in the waters of Lake Minnetonka and on or attached to that part of Outlot A, Lawtonka described as follows: Commencing at the intersection of the southeasterly line of said Outlot A with the southerly lines of Outlots A and B, Lawtonka; thence northeasterly along the boundary line between said Outlot A and said Outlot B a distance of 150 feet, to the point of beginning of the easement to be described herein; thence at right angles from said last described line northwesterly a distance of 30 feet; thence northeasterly parallel with said common boundary line between said Outlots A and B to the shore of Lake Minnetonka; thence easterly along said shore to said common boundary line between said Outlots A and B or its northeasterly extension; then south-westerly along said conunon boundary line to the point of beginning. Said easement is subject to the right of the fee owner of said Outlot to maintain any existing strictures on said easement, and subject to that obligation of the owner of said easement to repair any damage to the surface of the easement area resulting from the use of said easement. There shall be no on-land storage of boats on the easement. Said easement is also subject to applicable regulations of the Shorewood City Code and the Lake Mimnetonka Conservation District and shall be limited to the exclusive use of the owner of the above described lot. Lot 1, Block 1, Gideon Cove shall be conveyed together with a dock easement hereby created and described as follows: Together with an exclusive perpetual easement for the construction, replacement, maintenance and storage of a dock platform in the waters of Lake Minnetonka and on or attached to that part of Outlot B, Lawtonka described as follows: Commencing at the intersection of the northwesterly line of said Outlot B with the southerly lines of Outlots A and B, Lawtonka; thence northeasterly along the boundary line be- tween said Outlot A and said Outlot B a distance of 150 feet, to the point of beginning of the easement to be described herein; thence at right angles from said last described line southeasterly a distance of 30 feet; thence northeasterly parallel with said conunon boundary line between said -22- Outlot A and said Outlet B to the shore of Lake Minnetonka; thence westerly along said shore to said common boundary line. Said easement is subject to the right of the fee owner of said Outlot to maintain any existing structures on said easement, and subject to that obligation of the owner of said easement to repair any damage to the surface of the easement area resulting from the use of said easement. There shall be no on-land storage of boats on the easement. Said easement is also subject to applicable regulations of the Shorewood City Code and the Lake Minnetonka Conservation District and shall be limited to the exclusive use of the owner of the above described lot. SECTION 14 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 14.1 Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governng Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. 14.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their family, guests, tenants or invitees, who violate the provisions of the Goveniing Documents, the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges in any reasonable amount as detennined by the Board of Directors in its discretion from time to time for each past due assessment or -23- installment thereof, and any other amounts lawfully assessed against an Owner or a Unit and interest at up to the highest rate permitted by law. C. In the event of default of more than thirty (30) days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their family, guests, tenants or invitees to use any Common Element amenities; provided, that this limitation shall not apply to Limited Common Elements or deck, balcony, porch or patio easements, appurtenant to the Unit, and those portions of the Conmlon Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to thirty (30) days thereafter, for each violation. f. Restore any portions of the Common Elements or Limited Cornrnon Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or his or her family, guests, tenants or invitees in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. g. Enter any Unit or Limited Conmlon Element in which, or as to which, a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near firture, the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Dwelling or other part of the Property or the property of the Owners or Occupants, and to abate and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or Limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. h. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the marnler provided for the foreclosure of mortgages by action or under a power of sale in the state where the Property is located. 14.3 Rights to Nearing. In the case of imposition of any of the remedies authorized by -24- Section 14.2 d., e., f. or g. of this Section, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. 14.4 Lien for Charges, Penalties, etc. Any assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 14.5 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 14.6 Liability of Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or family, guests, tenants or invitees in the Owner's Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed, against the Owner responsible for the condition and against his or her Unit. 14.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. -25- SECTION IS AMENDMENTS This Declaration may be amended by the consent of (fl) Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association and (ii) the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned), if any required by Section 16 as to matters prescribed by said Section. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 16 RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and protections: 16.1 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one (51%) percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any Amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) increases in assessments that raise the previously assessed amount by more than twenty- five (25%) percent, assessment liens, or priority of assessment liens; (iii) reductions in reserves for maintenance, repair and replacement of Common Elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interests in the Common Elements, or Limited Cornrnon. Elements, or rights to their use; (vi) redefinition of any Unit boundaries; (vii) convertibility of Units into Common Elements or vice versa; (viii) expansion or contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; (ix) hazard or fidelity insurance requirements; (x) leasing of Units; (xi) imposition of any restrictions on the leasing of Units; (xii) if the common interest community consists of 50 or more Units, a decision by the Association to establish self management when professional management is in effect as required previously by the Governing Documents or by an Eligible Mortgagee; (xiii) restoration or repair of the Property (after a hazard damage or partial condemnation) in a mamzer other than that specified in the Governing Documents; (xiv) any action to terminate the legal status of the carmnon interest conununity after substantial destruction or condemnation occurs; or (xv) any provisions that expressly benefit mortgage holders, or insurers or guarantors of mortgages, Notwithstanding the foregoing, implied approval of a proposed amendment shall be assumed when an Eligible Mortgagee fails to submit a response to any -26- written proposal for an amendment within 30 days after it receives proper notice of the proposal, provided that the notice was delivered by certified mail with a return receipt requested. 16.2 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven (67%) percent of the Units that are subject to first mortgages (based upon one vote per first mortgage owned) shall be required to abandon or terminate the common interest subject to any greater requirements contained in the Act. 16.3 Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of the Owner and Eligible Mortgagee thereof, and the Association. 16.4. No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions. 16.5 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Unit free of any claims for unpaid assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said first mortgage holder or purchaser; (i) except as provided in Section 6.7 and the Act and (ii) except that any unpaid assessments or charges with respect to the Unit may be reallocated among all Units in accordance with their interests in the Common Elements. 16.6 Priority of Taxes and Other Charges. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 16.7 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condenuling authority. 16.8 Requirements of Management Agreements. The term of any agreement for professional management of the Property may not exceed two (2) years. Any such agreement must provide at a minimum for ten-nination without penalty or termination fee by either party, (1) with cause upon (30) days prior written notice, and (ii) without cause upon ninety (90) days prior written notice. 16.9 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business -27- 16. 10 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit number or address, the holder, insurer or guarantor shall be entitled to timely written notice of: a. a condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; b. a 60 day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; C. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and d. a proposed action which requires the consent of a specified percentage of Eligible Mortgagees. SECTION 17 MISCELLANEOUS 17.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 17.2 Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 17.3 Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or hailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the -28- Association. 17.4 Con flirts Among Documents. In the event of any conflict among the provisions of the Act, the Declaration, the Bylaws or any Rules or Regulations approved by the Association, the Act shall control. As among the Declaration, Bylaws and Rules and Regulations, the Declaration shall control, and as between the Bylaws and the Rules and Regulations, the Bylaws shall control. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Original Declaration and of the Act. GIDEON COVE HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation By: Its: STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this _ day of , 2009, by the of Gideon Cove Homeowners Association, Inc., a Minmesota non-profit corporation, on behalf of the non-profit corporation. This instrument was drafted by: Todd R. Iliff, P.A. 4830 France Avenue South Edina, Mirnsesota 55410 952-922-4647 tiliff@toddriliffpa.com Notary Public -29- COT, - - TE ST COMMUNITY NUMBER A Planned Community GIDEON COVE EXHIBIT A AMENDED AND ST'A'TE DECLARATION LEGAL DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION Lots 1 through 13, Block 1, Gideon Cove, Hennepin County, Minnesota according to the recorded plat thereof, and Outlots A, B and C Lawtonka, Hennepin County, Minnesota according to the recorded plat thereof -30- COMMON INTEREST CO I-7a1ITY r'-JP :Z, 'L A Planned Co ty GIDEON CO EXHIBIT B AMENDED AND RESTATED DECLARATION SCHEDULE OF UNITS 1. Lot 1, Block 1, Gideon Cove 2. Lot 2, Block 1, Gideon Cove 3. Lot 3, Block 1, Gideon Cove 4. Lot 4, Block 1, Gideon Cove 5. Lot 5, Block 1, Gideon Cove 6. Lot 6, Block 1, Gideon Cove 7. Lot 7, Block 1, Gideon Cove 8. Lot 8, Block 1, Gideon Cove 9. Lot 9, Block 1, Gideon Cove 10. Lot 10, Block 1, Gideon Cove 11. Lot 11, Block 1, Gideon Cove 12. Lot 12, Block 1, Gideon Cove, together with that part of Lot 13, Block 1, Gideon Cove described as follows: Beginning at the most southerly corner of Lot 12 in said plat; thence North 62 degrees 34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 92.23 feet; thence North 0 degrees 35 minutes 00seconds West a distance of 29.20 feet to the most westerly corner of said Lot 12; thence southeasterly along said southwesterly line to the point of beginiiilg. all in Hennepin County, Minnesota according to the recorded plat thereof NOTE: Each Unit's unit identifier is its lot and block number and the subdivision name. -31- C--- _$N INTEREST COMMUNITY NUMBER A Planned Community GI E N COVE EXHIBIT C AMENDS AND STATED) DECLARATION DESCRIPTION OF COMMON ELEMENTS 1. Lot 13, Block 1, Gideon Cove, except for the following described property: that part of Lot 13, Block 1, Gideon Cove described as follows: Beginning at the most southerly corner of Lot 12 in said plat; thence North 62 degrees 34 minutes 38 seconds West, assuming the southwesterly line of said Lot 12 has a bearing of North 49 degrees 01 minute 29 seconds West, a distance of 92.23 feet; thence North 0 degrees 35 minutes 00seconds West a distance of 29.20 feet to the most westerly comer of said Lot 12; thence southeasterly along said southwesterly line to the point of beginning, Hennepin County, Mimlesota according to the recorded plat thereof; and 2. Outlots A, B and C Lawtonka, Hennepin County, Minnesota according to the recorded plat thereof -32- COMMON INTEREST COMMUNITY NUMBER A Planned Community I EON COVE EXHIBIT D AMENDED AND STATED DECLARATION AFFIDAVIT F SECRETARY -33- Department Council Meeting Item Number Administration AAu'~10, 2009 10-A From: Brian Heck, City Administrator Item Description: SouthShore Center Improvements Background / Previous Action The City of Shorewood agreed to lease and operate the Community Center for the five participating municipalities. To accomplish this, the City contracted with Community Rec. Resources to provide for the management and scheduling of the Center. One of first tasks and challenges is to begin to attract new activity as well as retain and encourage use by past clients. In order to make the center a more desirable location, CRR proposed some updates to the interior of the Center by replacing the flooring in the banquet room and hallways and painting the interior. As a side note, these suggestions were made by both CRR and Charthouse Management in their proposals to operate the Center. These improvements were presented to the oversight committee consisting of two council members, the administrator and CRR. The committee felt these improvements were reasonable and is geared at the areas of most activity. The Committee also discussed different methods of funding. Suggested possibilities include the municipal building fund, liquor fund, or SouthShore center fund. Attached are quotes and recommendation from CRR for the flooring and painting. Options 1. Approve the recommendation as presented. 2. Deny the recommendation. 3. Modify the proposal and approve. 4. Do nothing. Staff Recommendation Staff recommends the Council approve the replacement of the flooring and painting as presented. Council Action: 5755 Country Club Road ® Shorewood, Minnesota 55331 ® 952-474-3236 Fax: 952-474-0128 ® www.ci.shorewood.mmus ® cityhall a ci.shorewood.mn.us To: Mayor and City Council From: Kristi Anderson, SSCC Director Date: 8/ 1 /09 Re: Funding request for Southshore Community Center Improvements As presented to the City Council in July, I have been in contact with numerous contractors to obtain estimates for painting and replacing the flooring in parts of the center. As recommended in CRR's original RFP submittal, these are deemed as immediate needs that must be addressed near term. In order to update the facility, give the community center a much needed facelift, and to make the facility, in general, more marketable in a competitive environment there are two pressing needs at this time. While others exist, the need for new carpet and flooring, primarily in the dining room and hallway, along with an overall interior paint job are mandatory in order for me to fulfill one of the key roles for which I was hired - renting the facility space. In an effort to make cost effective decisions, I also contacted carpet cleaning contractors to evaluate where cleaning versus replacement could be advised. Based on their feedback, it would be my recommendation that the flooring and carpets be replaced in our main dining room area and hallway, at minimum, and cleaning for the other carpet areas. Based on this thoughtful approach, it is my intent that we consider technology upgrades for the mix in the coming months, as suggested by Council members in July. Once again, given the new rate structure, priority schedule, and focus on upgrading the facility where the cost benefit will have the biggest impact, as well as providing positive public relations that will reflect the commitment the city has made to reposition the center within the Community, both new carpet/ wood flooring (for a `dance' floor within the dining room) and a professional interior paint job are warranted. Attachment 1 is the Quote Tabulation for the 2009 Southshore Community Center Interior Painting Project which includes: 1. Interior painting of the large banquet room, activity room, foyer and vestibule, current coat room, long hall, old archive room, Director's office, and small office a. Prep, two finish coat assorted current painted rooms b. Current wallpapered rooms - remove paper, basic prep of areas, prime, one finish coat 2. All wood windows: prep, one finish coat and possible second finish coat 3. Assorted metal doors: prep - two finish coats 4. Providing 1 gallon of additional top coat for owner touch up in sealed container The low quoter is Superior Painting Contractors in the amount of $9,710.00. Based on other quotes received, it appears that the cost for this project is quite reasonable. The low quoter is Color Center in the amount of $14,000.00. Based on other quotes received, it appears that the cost for this project is reasonable. Recommendations Staff recommends the contract for the 2009 Southshore Community Center Interior Painting Project be awarded to Superior Painting Contractors in the amount of $9,710.00. Staff recommends the contract for the 2009 Southshore Community Center Interior Flooring Project be awarded to The Color Center in the amount of $14,000.00 ~a I ---or Paint i o Shorewood Director: rista Anderson No Quoter Quote 1 Superior Painting Contractors $ 9,710.00 2 Vision Painting $ 12,900.00 3 Twin City Interiors Inc. $ 20,340.00 4 5 6 7 8 9 10 11 12 13 14 15 i outh or ..-ivrin Project ®Ly rvjt;c 1-14oa ,7® City o Shorewood Director: risti Anderson No Quoter ! Quote i 1 JO Thompson $ 15,836.00 2 Color Center $ 14,000.00 3 Twin City Interiors, Inc. $ 16,414.51 4 Rick's Flooring $ 18,704.50 5 6 7 8 9 10 11 12 13 14 15 Background / Previous Action Staff and the Mayor met with representatives of Lan-De-Can to discuss the proposed landscape plan for City Hall. Revised plans using predominantly native plants have been submitted for consideration at Monday night's meeting. The attached staff report highlights features of the revised plan. Options Approve or modify the proposed landscape plan. Authorize Lan-De-Con to proceed with the landscaping or obtain quotes based on the approved plan. Staff Recommendation Based on previous cost estimates from other quoters ($90-100K; $26K for design only), staff recommends that Lan-De-Con be authorized to begin work on a not to exceed $41,000 basis. As always, if you have any questions regarding the staff report or if you have questions relative to details, please contact the Planning Director prior to the meeting. Council Action: 5755 COUNT mY uLLJD r;CimD or1Grlr_W1J LJ, IviilvivESOT-A 55331-8927 (952) 474-3236 FAX (952) 474-0128 - www.d.shorewood.mn.us - cityhal{@d.shorewood.mn.us MEMORANDUM TO: Planning Commission FROM: Brad Nielsen DATE: 6 August 2009 RE: City Hall Landscape Plan FILE NO. Property(5755 Country Club Road) After meeting with the Mayor and staff after the last Council meeting, Lan-De-Con has submitted a completely revamped landscape plan for the City Hall project. Whereas the first offering was admittedly a rather common "commercial" landscape scheme, the revised plan is more consistent with the Council's direction to include low-maintenance, native plantings. The new plan is illustrated on Exhibits A-F. Exhibit A shows the overall plan for the four areas that were identified for some sort of landscape treatment. Since the scale is somewhat small, we have enlarged three of the areas so as to be more readable. Exhibit B shows the north side of the building, including the front entry. Exhibit C includes the west side of the building adjoining Country Club Road and Exhibit D shows the landscape berm on the west end of the parking lot. Plant materials are listed on Exhibit E and a cross-section of the proposed dry creek bed drainage feature is shown on Exhibit F. Exhibit G is a preliminary cost estimate that will become Lan-De- Con's bid for doing the work. While this report will not go into details, it is worthwhile to highlight some of the features of the plan: As directed by Council, the planting schedule uses plants substantially native to Minnesota (approximately 90 percent). Those that are not specifically native are cultivars of native plants that have been improved for hardiness and salt-tolerance. These plants are to be used adjoining the sidewalk areas, which are frequently salted in the winter. Also, the plants proposed for the north side of the Council Chambers are shade tolerant. Plant materials were selected for color, height and texture. The plan attempts to minimize irrigation (after the initial planting), as well as trimming/pruning. The density of plant materials will also minimize weeding. It is our intent to place small plant identification PRINTED ON RECYCLED PAPER Memorandum Re: City Hall l - in 6 August 200' signs near many of the plants, so that visitors to the property can be informed about what they are seeing. Relative to weeding, the plant beds will use pine bark mulch with no landscape fabric. Once the plants are established, the mulch will only need to be replenished every 2-3 years, and mostly around the edges of the beds. The plan results in some color each season, with Autumn being the most striking. Given the size of proposed plant materials, the landscaping will look somewhat established right away. • One of the key features of the plan is a dry creek bed that serves as a landscape feature, but more importantly serves to conduct drainage away from the north side of the building, west of the entry. The boulder filtration swale terminates at the bottom of the slope at the northeast corner of the building in a small rain garden. While this feature represents a considerable portion of the estimated cost of the project, it serves to demonstrate how drainage solutions can be incorporated into the landscape plan. • The plan incorporates boulders into the design, one of the larger of which will be situated on the east side of the entry. This one will be hand-selected so that some sort of plaque could be set into it in the future. A lawn sculpture could also replace this in the future. • Areas proposed for turf will be seeded with blue grass, which is hardy and somewhat drought tolerant. No irrigation is needed (after initial establishment). • Minimal treatment is proposed for the rear of the building. There still may be an opportunity to fill in the large retaining wall pit in back of the building. • As required by our Code and the CUP for the City Hall project, the plans will be signed by a registered landscape architect. The cost estimate on Exhibit G is considerably closer to the City's initial range. We asked the consultant to identify possible phasing or cost-saving measures. The item "sod and or seed repair allowance" could be done by Public Works, their time permitting. While some of the soil correction noted could also be done in-house, the minimal savings there may not be worth pulling people away from an already short-handed public works crew. The project could be split somewhat between this year and next. For example, the monument sign (not included in landscape proposal, but estimated at approximately $8000) and the berm area could be done next year. Staff will provide some estimates of that approach at Monday night's meeting. The Council must decide whether to authorize Lan-De-Con to proceed. Given the design proposals and quotes received earlier in this process, Lan-De-Con's cost estimates are considered reasonable. Staff had already recommended a design/build approach to the project, and that remains our recommendation. Cc: Brian Heck Larry Brown James Landini Bonnie Burton Mark Labaree -2- - - ~ f~f~I H19 itMr"-F Gr i 9 GNv NV I ' -Agr U/t8T p H ~ mad -n mm fit, t1~c~-f i i do )lvliT hl~?; ~4yr~Ghl'~.li~:?in i-Li;,..T, Fid.;E ~(r.•~;,IE f'Vf'F'~.w Uill:H; r4 m Exhibit A LANDSCAPE PLAN Shorewood City Hall 75- r. -'4-- m " 4''Z k l 79 Y~ 8 ~ to q • Exhibit B LANDSCAPING - NORTH SIDE t t B, t `y 1 s q a a { (mss.. ~ _ t t e l e a P` p. 6 -a G Exhibit D LANDSCAPING - BERM 4 tr e 1 7, 4 ~~sy ~4 7L s-~>v~-mss\~ fx, Wit; till T' Exhibit E PROPOSED PLANT SCHEDULE ~S All f Yl k; s 0 Exhibit F CROSS-SECTION - DRY CREEK Exhibit G PRELIMINARY COST ESTIMATE/BID e Department Council Meeting Item Number Background / Previous Action: Shorewood Fitness 19 has submitted a Special Event Permit Application (attached) for its first 5K Fun Run event for its members. The event is scheduled to take place on Saturday, September 12, 2009, from approximately 7:00 a.m. to 9:30 a.m. The event sponsors are making arrangements with the SLMPD for Traffic Control and they are making arrangements for an EMT to be available during the race. They have spoken with Planning Director Brad Nielsen regarding the use of route markers (arrows only) and that no advertising is permitted. The attached route race details and map were provided by Fitness 19. Council Action No action required - for information only Council Action: f J i i 14 ry 3'? CITY OF SPECIAL EVENT d P ® B-ZA1.1-k-PIN C„9 SHOREWOOD (Pursuant to City Code,, Chapot r505) 5755 Country Club Road a Shorewood, Minnesota 55331 (952) 474-3236 Fax: (952) 474-0128 (Please Print or Type) Today's Date Application Fee; nla _Receipt n/a Event to be Registered. Any person or persons sponsoring a event at which it may reasonably be anticipated that there will be more than 75 persons in attendance shall, prior thereto, register such event with the City Clerk, giving the location, date, time, purpose, names of all sponsors, and the number of persons anticipated will be in attendance. Permit for Additional Events: Within a period of 6 months following such event, no additional event(s), at which it may reasonably be anticipated that there will be more than 75 persons in attendance, shall be permitted at the same location unless the person or persons who propose to sponsor the salve shalt first have obtained a special permit therefore approved by the City Council. Application for such pervnit shall be made to the City Clerk. Event Location: Shore VJ0CIJ F'r'+na.SS 19 ~AtF~cl .ci ! ~ Number of Persons (anticipated) to Attend: /00 Purpose 5 Date of Event: 9 - )v7 ` 01 Time: -7, rvt Sponsor's Name(s)i _f Itie 5 $ / y - Daytime Phone ) 5cZ - 3To - `7 t Evening Phone # Sr wee Special Parking or Safety Provisions (e.g., traffic control, parking, pedestrian access): r: F -n&.Ss 1 f 1 ~~Cc~rc~ Cr-c S Gtr-, r'Alo.ior rands ~ - 0-n e) 5 t e- rA cc 4~ 0- ryr z-11 ; { r~ tx_ f) c;L 4h t< -Fe- . F,nWfiircerment: A police officer may order all persons present in any such group or gathering from which such noise emanates, other than thO owners or tenants of a dwelling unit, to immediately disperse from said event in lieu of being charged under this Chapter should the continued health, safety, comfort, and repose of die public be in jeopardy, or the event is in violation of the provisions of Chamber 501 of the Shorewood City Code. Failure to comply with the conditions ofthe Special Events Pen-nit may result in police enforcement, Applicant's Signature: I j V* ikS5/`)ate: 6 f - 01~ 0"11" e Allow 5 business days for processing b+AUgt' Sd u~t n - f W f~, cc v~ r~ i F i ra y 1" S~ C+PSy+ti.~•~k? ~ lU ; r. J ,c,-~.,5 rr ~~;:a1 ~a r.,ct -fE' . For Office Use Only ----V---.__._ J SLMPD: tX JtI `,cer v at ~-Ll D of Fire tvlarsh t ~i~ • C ~ _ - tis_-'~........ - r Date:- ~o ' / l 1 {;r) Toning Adminish ator:_" Datc : -4 -Ila City Administrator Date: G)rit;inal. Cilp ar ~hr ~n o;, i7>; l' Lib tt, ad. Sbu 3, MN ~I ti'e;py to: South Luke M11i!"naronl; 1'oiice L~cpi;Uneut. FIf Y , t7rhal..\pplimH 9:30 ain Dace start ..wy 7) We will be sending out flyers to all the houses along the route warning them of the fun run so they will be aware of it and can plan around it. We will be contacting Joe wood; he is one of our members and is an EMT out of St. onifacious. He will help us coordinate some EMVEM~ people to be present during the race. If he is unable, I have contacted Linda Murrell whom has already given us a few places to contact. We would also life to get a local charity involved where we donate X amount to their cause. However, I am not sure of any local charities. Do you have any suggestions? Please keep in touch with any questions and concerns. I appreciate the help and support in getting this run set up for the community. Yours in Good Health, Derek Dittmer Manager Fitness 19 n o 0 v a o a s ~ u:i m ~a a m0©O y m v N 8 a R 0 o i mmo~ . _ m o tD N_ GT ~ b~ N tD ¢t N fJ U °o w 3 0 A 0 o (p w-. C) m4 n o 0 ~v m o o m o ads -°1 o m O J . Oha o m N y G ~ ~p (D ~ Z N o a D o~ ~ a 3 O O ~ D~ 2 Qd~ m~ aaa ➢m < . m Dap 0 0. O~O D°a3 Av3 m yv a2. M m o ~ C 3 D ni - y~ M O N z ~ DN mm D fl OJ om 0 ~o m m m ~ N o ° D~ d m d d D~ O o N ~ tD 2 ~ a~ m Ei m n Do U 3 N ~j d N. ~ O a~ .0 F 3 D C) U m 0 m ~o D~ ~a N N m. CA i S~ CA Q X601, 5 V) 1' 0 s S y A 'f a o r' Q N N O 0 A O O 0 O s d 111H aoWxGa f. ar, 4 cn (D fl d (D a O O f, co Country Club Rd :3 O C e-t- Q. O lyO ^ to g1 1 rF U) Riviera Ln t -4 t Oriole _L.n <ak~ ~"e`en ~ Dr si G) f v ( ~Po a a4 Hazeltine Blvd Lj