110882 CC Reg AgP
CIIT OF SHOREWCOD I
REGUlAR COUNCIL MEET r,,,,
NOVEMBER 8, 1982
..... .............'Y .... ... .....
~UNCIL CHAMBERS .
.: . 5755 COUNTRY CLUB ROAD
7:30 P.M.
AGE N D A
CALL TO ORDER
a. Pledge of Allegiance
b. Roll Call
. Mayor Rasc opL ;J. ~
Haugen .k:::::"/ '
Shaw V "
Leo.nardo /
Gagne
1.
APPROVAL OF MINUTES
a. Meeting - October lQ 1982
b. Meeting - October 25, 1982
[Attachment- la]
[Attachment- lb]
2.
MAC-IN-ERNY - Discussion of Payment __
~~'
3. PRELIMINARY PLAT REVIEW .:.... TINGEWOOD DEVELOPMENr
Engineer's report and Plat Plans will be provided [Attachment- 3a]
at the meeting.
4. APPROVAL OF Ca1PREHENSlVE PlAN AMENJl'v1ENT [Attachment-4]
5. FOURTH READING - AMENa1ENI' TO TIIE ZONING ORDINANCE
#77 , CREATION OF A "C-4" CCtvMERCIAL SERVICE
DISTRICT [Attachment- 5]
NAEGELE SIGN ISSUE, Q-IRISIMAS lAKE ROAD AND
HIQ-J.l~AY #7 - COUNCIL'S FINDING OF FACT
's discussion will center around the Council's
response to the Naegele Company's presentation of
the issue. Council should direct the staff and
inform the Naegele Corporation as to the action
they want to take to resolve the sign issue.
PlANNING CCMvlISSION REPORT
a.
b.
8. PARK CCM'1ISSION REPORT
a.
b.
9. ATTORNEY I S REPORT
a. Proposed Dram Shop Ordinance
b.
.
.
.
COUNCIL AGENDA
- 2 -
NOVEMB~ 8, 1982
10. ENGINEER'S REPORT
a. Approval of Payment Voucher No.1.
Project #82-1
[Attachment- lOa]
b. Review of Report to Metropolitan Council
and Comprehensive Plan
[Attachrnent- lOb]
11. ArMINISTRATIVE REPORT
a. Review and Approval of American Legion's
Gambling Permit Application [Attachment- lla]
b. Review and Discussion of Proposed Ordinance
Regulating Mechanical and Electronic Amuse~
ment Devices [Attachment- llb]
c. Finding of Water Petition Survey Area
d. Discussion of Possible Ordinance Regulating
Moving of Buildings in City [Attachrnent- llc]
e. Review and discussion of Council's Past
Policy Statement [Attachrnent- lld]
f. Report of Railroad Right-of-Way
12. MAYOR'S REPORT
a. Resolution Appoint Representative to lMCD
b. Community Picnic Discussion
[Attachrnent- 12a]
13. COUNCIL I S REPORT
a. Shaw - Insurance Conmission Format
b.
c.
14. MATTERS FR(]vl FLOOR
a.
b.
15. APPROVAL OF CLAIMS AND. ADJOURNMENT
SALES
LIQUOR AND WINE
BEER
MISCELLANEOUS
LESS REFUNDS
TOTAL SALES
COST OF SALES (NOTE 1)
GROSS PROFIT
SHOREWOOD LIQUOR STORES
FINANCIAL STATEMENT
1982 - 1981
THIRD QUARTER
COMPARISON
OPERATING EXPENSES
SALARIES
PAYROLL TAXES
EMPLOYEE BENEFITS
RENT
UTILITIES
TELEPHONE
INSURANCE
ADVERTISING & SALES PROMOTION
DEPP.ECIATION
PROFESSIONAL SERVICES
CAS H I~l A R I AN C E
SUPPLIES
OFFICE EXPENSE
REPAIHS AND MAINTENANCE.
DUES AND SUBSCRIPTIONS
POSTf)GE
U'~UNDHY
P.IJBBISH HAULING
EMPLOYEE REIMBURSEMENTS
TOTnL OPERATING EXPENSES
NET OPERATING INCOME
OR (LOSS)
OTHER INCOME
HHEREST
NET INCOME (LOSS)
1.-1.--81 TO
9-30-81
345,518.63
225,049.55
35,600.35
(1,:1.79.41)
$60~,989.12
$466,122.93
$138,066.19
56,912.61
8,45L53
3,905.48
27,790.87
6,126.79
1,169.23
9,130.02
316.29
344.24
4,976.80
6. ~ 8
1,344.74
416.38
.2,454.14
125.00
456.00
395.80
4~LOO
471.33
$125,230.73
$ 13,635.46
1,089.52
TO-DATE
PERCENT
1 '" 1. .:' 11 2 r 11
9',-30'-32
TO-'DArE
PERCENT
57.1 :I. 322, 3:1.5 C" ,') 5l.B?
. J.
37.20 202 ,96J. 1 ., 36- ' r.
. ~ 'tJ
S.88 32,061 .00 C" 7'
J .. l)
( .19 ) ( C" .'\ , C' -, , ( .09 )
'OJ .:. 't . ...J" ,
------ -------.---- ------
100.00 $S56r 1113. 1~ iOO.OO (5. ~- t
------ -------......--- ------
77.05 $434 c:-,') " 75 711.05 ICl
, J ," . /0
------ ----.-..-. - -- - -- ------
22. ~J 5 ~~122, :2:r. ~; . 3 ~') 21 . 95 (I <;z)
------ - - - -.- -... -. - - -- ------
9 . ~1 5B ,J?J. ~')1 10 :;8
.
1- 40 '" S ~) 0 . 7 0 1 00
~I 1 .
.65 7: , ~") SO .79 S3
.
4 C"() ?P ')1')0 Oil e- 21
. .J . .... ..J T , , ,. . .) .
1 .01. () T 2 ~i 0 ~ ? 9 1. 1 "
.
.19 :l. ; 2 G 3 . 92 " T
. .. "
1 .51 11,177. ,~ '/ 1 " ..,
., ~ . 't ..
.05 111. ? . 11 ~~ . 1S
. 06 90l l"T 16
. 0" .
!P ,7 O";L 20 :l. 27
. ~ ,
.
4'.1 .~ C" o:!.
. o ~I .
.22 :1. ,204 . 30 22
.
.07 Hl . 27 01
.
.41 2 ... oj .~ f;"' , .., ..~ 0
. ., , J . \) .. .
. 02 1.25 . 00 . 02
. 08 2 e 'f . 00 . 05
.06 530. 00 . 10
. 07 ' \) .., 47 !H
~ , " . .
. 09 6S:.. " .., 1"
0,' . ..
------ _._ "" _.., - t_ .. _ __
------
20. 70 !H26, 089.. 30 2:2 . " f/ ' C~)
IJ 'j' ,7'1 Fe.:
------ .....-.-....--..... .-.- - --.. ....-.--....-
2.25 !t. C~;.!173.?U
.,
( . 70 ) (1"1';'~
..)
g}e.10
$ (},03~;.?~~)
(. ')~'f) (J.tJ<I~
------.-----
--.....---------
$ 1.~,724.9B .1..'1'
- ..- .... -. -.. .... .... -.. -- -. .....
--....--.--.-.--
ORDINANCE NO.
.
AN ORDINANCE REQUIRING PROOF OF FINANCIAL RESPONSIBILITY
AND LIABILITY INSUFANCF, COVBRAGE F"OR ""fIB SALE OF Il'lTOXICATItlG LIQUOR.,
NON-INTOXICATING MALT LIQUOR ANtl tHNE It1 THE CITY OF SHOREWOOD
AND PROVIDING A PBNALTY FOR VIOLATION THEREOF.
The City Council of the City of Shore wood ordains:
Section 1. Any person or corporation licensed to sell retail
intoxicating liquor at on sale or off sale, non-intoxicating malt
liquor at.on sale or off sale, or special on sale wine shall on and
after Harch 1, 1983 demonstate proof of financial responsibility with
regard to liability imposed by Minnesota Statutes Section 340.95 to
the Commissioner of Public Safety as a condition of the continuance,
issuance or renewal of his license. Proof of financial responsiblity
'may be given by filing: (a) a certificate that there is in effect
an insurance policy or pool providing for the following minimum
coverages; (1) $50,000 because of bodily injury to anyone person in
anyone occurrence and subject to the limit of one person in the
amount of $100,000 because of bodily injury to two or more persons in
anyone occurrence in the amount of $10,000 because of injury to or
destruction of property of others in anyone occurrence; (2) $50,000
for loss of means of support of anyone person in anyone occurrence
and subject to the limit of one person $100,000 for loss of means of
support of two or more persons in anyone occurrence; or (b) a bond
of a surety company with mimimum coverages as provided in Clause A or;
(c) a certificate of the State Treasurer that the licensee has
deposited with him a $100,000 in cash or securities which may legally
be purchased by savings banks or for the trust funds having a market
value of $100,000.
Section 2. The operation of any of the above listed licensed
businesses without having on file at all times on and after March 1,
1983 with the City Clerk the liability insurance policy hereinabove
referred to, shall immediately and without notice to the licensee and
without action of the City Council, revoke any license granted by the
City prior thereto and said license may not be reissued until proof of
compliance with the financial responsibility requirements is nresented
to the City Clerk and upon review and approval of the same by the City
Council. .
Section 3. Any person violating any provlslon of this ordinance is
guilty of a misdemeanor and upon conviction shall be punished by a
fine of not moretl1an $500 or imprisonment for not more than 90 days,
or both, plUs the cost of prosecution in any case.
Section 4. This ordinance becomes effective upon its passage and
publication a9cording to law.
.
PASSED BY THE CITY COUNCIL this
day of
, 198
Mayor
ATTEST:
Clerk/Administrator
CITY OF SHOREWOOD
SPECIAL COUNCIL MEETING
THURSDAY, NOVEMBER 4, 1982
AGENDA
CALL.TO.ORDER:
a.
Pledge of Allegiance
Roll Call
b.
Mayor
1. Canvassing of Ballots - 1982 Election
2. .Other Items:
a. Mayor Rascop
Lake Access Discussion
Sign Discussion
3. Adjournment
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
5:30 P.M.
Gagne6
RascopL/ 13~
Haugen ~ /,
Shaw V
-
Leonardo.
\ '
t )
l
~
tb
\...;
"-"
. "
,
'.'
Regular Council Meeting
2
October 12, 1982
Property Cleanup
Keith Soffa, 6185 Church Road, requested the Council's help in
trying to have some property cleaned up, north of his property.
Council directed the Building Inspector to check out his property
and send a notice of Junk Ordinance to the owner. He will then
follow up with another inspection, in a reasonable amount.of time.
If nothing has been done, it will be turned over to the CLty Attor-
ney.
AMENDMENT TO THE COMPREHENSIVE PLAN
Recommendations were submitted to the Council from the Planning 90mmi-
sion and City Planner for an amendment to the Comprehensive Plan.
This Amendment would create a "Service Commercial District".
The area affected is referred to as the "Crepeau Dock Property" and
the "Minnetonka Dredging Company" which are currently operating on
Conditional Use Permits.
Notices were sent to all residents within 1200' of the affected areas,
informing them of the discussion of the amendment. Comments were re-
ceived from John Cross, Mr. Love, and Gene Patch. No objections were
voiced; they felt it just provided for the current uses.
Gagne moved, seconded by Rascop, to instruct Planner Nielsen to submit
the Amendment to the Comprehensive Plan to Metro Council for review.
Nielsen would like to get some response from the Metropolitan Council
prior to the Council acting on any possible zone changes. Council did
agree to give Metropolitan Council a few weeks to respond.
ZONING AMENDMENT
The THIRD READING of the proposed Zoning Amendment, to create a "C-4"
Commercial Service District, was discussed. Suggestions for additional
uses were submitted by John Lee, Charles Crepeau, owner of the property
in the proposed new zone. The Council discussed alteration to:
Subdivide 5 Dimensional Regulations.
Moved by Haugen, seconded by Leonardo, to change:
A. Building Height Maximum
1. Allowable Stories - "1-1/2"
C.
Yard Setbacks
2. Side:
Requirements
Building line to lot line [Minimun of 8' on a side]
Average side lot lines to have a total of
both side lot lines of 40'
(This would pertain to prior and new buildings)
Motion carried unanimously.
Council will vote on this Amendment at the October 25, 1982 meeting.
COUNCIL BREAK -9:15 P~M.
Reconvened 9:23 P.M.
lC\
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Regular Council Meeting
- 5 -
October 12, 1982
~ APPOINTMENT PROCEDURE (Park Commission)
Council reviewed the Park Commission's recommendations for appointing
new commission members. Council was in agreement with all procedures
except item D. Council would like to see all applications with recom-
mendutions from the Park Commission. This procedure would also apply
to the Planning Commission candidates, when established.
Shaw will return these comments to the Park Commission for further re-
visions.
ATTORNEY'S REPORT:
'-'
Advertising Sign Report
The sign permit, issued to Naegele Sign Company, at Christmas Lake
area was originally issued as a remodeling permit. It became a
zoning violation when it was moved to a new location. This zone
does not provide for advertising signs.
Haugen would like a representative of the Naegele Sign Company to
furnish the reason for the change of location.
Niglio
Matter tabled until October 25, 1982 meeting.-
Rustic Way - Drainage Problem
Council directed Engineer Norton to contact the Minnehaha Creek
Watershed District to see if any money is available for this
project. .
R. R. Johnson - Zoning Violation
Mr. Johnson has a new attorney. Attorney Larson will be speaking
with this attorney soon.
ENGINEER'S REPORT:
Allied Blacktop Company
Engineer Norton recommended approval
final payment to Allied Blacktop, in
Seal Coating and Appurtenant Work.
Moved by Gagne, seconded by Haugen, to
carried unanimously.
RESOLUTION # 80-82
of payment of the first and
the amount of $22,198.74, for
approve the payment.
Motion
Richard Knutson Company RESOLUTION # 81-82
Engineer Norton recommended payment to Richard Knutson Company for
the 6th and final payment of Project #80-3, (Storm Sewer, Sanitary
Sewer, Water Main, Street Paving) in the amount of $12,545.67, for
Amesbury West.
Moved by Haugen, seconded by Shaw, to approve the payment. .
Motion carried unanimously.
',-,
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Regular Council Meeting
- 6 -
October 12, 1982
'-"
FORTUNE HOUSE WINE, SUNDAY AND MALT LIQUOR LICENSE RESOLUTION # 82-82
Application for Wine, Sunday and On-Sale Malt Liquor Licenses were pre-
sented for approval.
Moved by Shaw, seconded by Haugen, to approve the licenses as applied
for. Motion carried unanimously.
TRAFFIC STUDY REQUEST -3rd Avenue
Excelsior has decided to join Shorewood in it's request of Minn. D.O.T.
for a traffic study of Third Avenue, between Christmas Lake Road and
Division Street.
Rascop moved, seconded by Shaw, to request Mn. D.O.T. to conduct a
speed study and recommend an appropriate speed limit for that area.
Motion carried unanimously.
VINE STREET - HOOPER LAKE ROAD REQUEST:
Tabled until the October 25, 1982 Council meeting.
MAYOR'S REPORT:
'-'
Police Dept Request
A letter was received, as requested from Ch:le'f Johnson, locating
a proposed shower stall area to be installed in the City Hall base-
ment. Council felt more information was needed before acting on
this request.
Amesbury Fire Rate Request
Amesbury residents would like a lower fire rating for their area.
Council will obtain information and respond to their request.
L.M.C.D.
The L.M.C.D. has disapproved the Watershed Control Plan.
C.D.B.G.
Larry Blackstead will be meeting with the Administrator to determine
if a relocation of C.D.B.G. funds is necessary to make a more effi-
cient use of available funds.
COUNCIL REPORT:
Housing Seminar
Frank Reese and Jan Haugen will be attending an up-coming Housing
Seminar.
Zoning Violation - Dan Johnson
An inspection was made for a possible zoning violation for Dan John-
son, 19370 Shady Hills Road. Building Inspector felt this was no
problem and the Couneil would like an inspection made iri six months
~ to determine that no expansion is made.
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, OCTOBER 25, 1982
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
M I NUT E S
CALL TO ORDER:
The regular meeting of the Shorewood City Council was called to order
by Mayor Rascop at 7:33 P.M. on Monday, October 25, 1982 in the Council
Chambers.
PLEDGE OF ALLEGIANCE & PRAYER
The meeting opened with the Pledge of Allegiance and a prayer.
ROLL CALL:
Present: Mayor Rascop, Councilmembers Leonardo, Gagne, Haugen
and Shaw.
Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer,
and Clerk Kennelly.
APPROVAL OF MINUTES
Moved by Gagne, seconded by Haugen, to approve the minutes of October
12, 1982 as corrected. Motion carried unanimously.
MATTERS FROM THE FLOOR
No comments were submitted.
NAEGELE SIGN ISSUE -Julie Bye
Nancy Jorgenson and Julie Ann Bye, representing Naegele Sign Company,
were present to submit to the Council their information on the appli-
cation and relocation of their sign at Christmas Lake Road and State
Highway 7. They would like the Council to reconsider the revocation
of the sign permit.
Council will make their final decision regarding this matter at a
later date.
WATER REQUEST - Woodhaven Well Extension
Administrator Uhrhammer reviewed for the Council and the audience the
financial responsibility the City has in reference to operating expense
and the revenues received to offset these expenses.
At the present time, the maintenance expense far exceeds the receivable
revenues due to the small amount of residents presently connected to
the various city wells.
Councilmember Haugen explained the manner and the reasons these wells
were drilled by developers and turned over to the City, at no cost to
the City.
Engineer Norton submitted cost estimates for water connections to the
Woodhaven Well and connections to the Excelsior system.
Ib
REGULAR COUNCIL ME~ING
- 2 -
~ONDAY, OCTOBER 25, 1982
WATER REQUEST (Continued)
Council opened the discussion to the residents in the affected area.
List of persons commenting on this issue are on file.
COUNCIL BREAK 9:18
RECONVENED - 9:25
SUBDIVISION REVIEW - Marilynwo6dP~~li~ina~yPlat
Larry Bader and Andy Benson submitted their proposal for preliminary
plat and clarified questions asked.
Engineer Norton requested the omission
Planner's report, dated 10/15/82 - #7.
and make this the responsibility
prove adequate ponding area.
Council added a restricting to the Planning Commission recommendations
to read:
The only exit onto Riviera Lane would come from a R-l
zoned area.
of the first sentence in
Subdivision b., to read:
of the developer to
the
Motion to approve the preliminary plat to include:
1] Planning Commission recommendations plus the Council's
addition to exit to Riviera Lane from R-l zone only.
2] Approval of Developmental Contract
Moved by Gagne, seconded by Haugen, to instruct the Attorney to draw
up the Resolution for Adoption.
Motion carried unanimously.
WATER .POLICY
Motion was made by Haugen, seconded by Rascop, requesting the Council
to formally rescind the current Water Policy requiring all developments
of 10 lots or more to require a central well system.
After Council discussion, Haugen, withdrew her motion. Seconded by
Rascop to obtain more information and discuss at a later meeting.
PLANNING COMMISSION REPORT:
Kristi Stover reviewed the last meeting of the Planning Commission.
Larry Bader's recommendation to the Council and discussion on the
new Sign Ordinance.
PARK COMMISSION REPORT:
Gordy Lindstrom reported on the Park Commission's continued review of
Park Use, possible changes in baseball field, skating rink plans and
appointment procedures; a~l of these things will continue to be discussed.
Rascop suggested the Council review Report #5 on Parks and Open Space
prior to passing a new Ordinance adopting the plan.
Shaw indicated some of our priorities may have changed since a lot
of Park Funds have been lost because of State and Federal cuts of
anticipated grants.
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REGULAR COUNCIL MEETING
- 3 -
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MONDAY, OCTOBER 25, 1982
ATTORNEY'S REPORT:
Niglio Agreement RESOLUTION NO. 84-82
Attorney Larson submitted the Subdivision Agreement for Richard
Niglio Division.
Motion to approve the agreement was made by Shaw, seconded by Haugen.
Motion carried unanimously by roll call vote.
R. R. Johnson Litigation
The litigation on the zoning violation at 5355 Shady Hills Circle
has been settled and will be finalized on October 29, 1982. The
operation on the premises will be removed.
ENGINEER'S REPORT
Dan Austin Drainage Problem
Engineer Norton spoke with Mike Panser of the Minnehaha Creek Water-
shed District regarding available funding to correct this problem.
Rascop moved, seconded by Haugen, to direct Engineer to work with
the Watershed District for a solution to this problem and report
back to the Council on any proposals.
ADMINISTRATOR'S REPORT
Hooper Lake Road and Vine Street
Administrator Uhrhammer reviewed a proposal submitted by Roger Hedtke
of Deephaven requesting:
1] Rearrangement of the intersection of Vine Street and Manor Road
in Shorewood and add "STOP SIGN" at that location; also "NO
LEFT TURN between 7:00 - 10:00 A.M." and install a "STOP SIGN"
at Vine Street and Anthony Terrace.
The Council felt that if Deephaven had a traffic problem, it is up to
them to correct it, not Shorewood.
Rascop directed Administrator Uhrhammer to write a letter to Deephaven
stating:
1] "NO LEFT TURN" would not correct anything, because an alternate
route can be used, making the no left turn ineffective.
2] "STOP SIGNS" at Vine Street and Anthony Terrace would create an
unsafe condition in the winter.
CDBG Funds
Hud has stated that the CDBG funds are not being spent rapidly enough.
Larry Blackstad, of Hennepin County, reviewed for th~ Administrator
our current balance of funds. Suggestions for reallocation of funds
may be necessary for the best use of the fund.
A Public Hearing will be set for the purpose of reallocation.
Shaw moved, seconded by Gagne, to set a Public Hearing for the real-
location of disease tree funds. Motion carried unanimously.
..
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GENERAL FUND
CLAIMS APPROVE AND PAID SINCE
Check #
26225
26226
26227
26228
26229
26230
26231
26232
26233
26234
26235
26236
26237
26238
26239
26240
26241
26242
26243
26244
26245
26246
26247
26248
26249
26250
26251
26252
26253
26254
TO WHOM PAID
U.S. POSTMASTER
State Treasurer
Earl Jensen-Mtka City
" " " "
Jim Miller
Mary Kennelly
Voided
Dennis Johnson
Sandra Kennelly
Doug Niccum
Sue Niccum
Robert Quaas
Dan Randall
Doug Uhrhammer
Don Zdrazil
Kathy West
Mtka State Bank
Roberta Dybvik
Roger Hennessy Agency
Roger Hennessy Agency
State Treasurer
'Director Property
City of Excelsior
A&G Electric
Industrial Supply Co.
M.C. Mayer & Sons
NSP
NSP
NSP
NW Bell
OCTOBER 25, 1982
AMOUNT
93.00
604.39
43.00
43.00
615.00
31.50
-0-
486.97
495.90
431.87
315.10
574.42
478.37
682.12
607.03
335.30
984.30
384.74
7,841.00
388.75
1,934.97
2,041.46
7,807.25
58.26
14.62
1,158.00
663.46
35.67
23.36
110.77
PURPOSE:
Postage
PERA 10/13 $
Sept Union Dues
Oc t . " "
Bldg Inspections
City Hall Cleaning
Salary
"
"
"
"
"
"
"
FWH 10/27/82
Salary
Auto Policy-Sewer/Water
Misc.
Oct FICA Taxes
Taxation
4th % Fire Contract
Repair Lites-Football
Equipment Parts
Gasoline Purchases
Electricity
Boulder Bridge Elec.
Woodhaven Elect.
Telephone
Total
~._.-.,- _..--_...~._"".........-.-~-
Approved h~
Shorcwood VillU1]8 LfElacil
AMC;Ui..JT ~ ________.
,
.
I
, .-------.-------" --..-------.--.
1
1_.__..._____.______..____ _._do_.. ,____________.____.t
i
~
I
4 '
1 ;
<f--..--..___________________}
! ~
1 .
l ;
j.-------!
l '
! D/~.TE._____________________
'.... _...." .._.".__ ."'_>_"'."_ "=.M._.~'_"..__~~_._..' _._ ..... ._. ...._
$29,283.58
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LIQUOR FUND
CLAIMS PAID SINCE
Check #
9360
9361
9362
9363
9364
9365
9366
9367
9368
9369
9370
9371
9372
9373
9374
9375
9376
9377
9378
9379
9380
9381
9382
9383
9384
9385
9386
9387
9388
9389
9390
9391
9392
9393
~
TO WHOM PAID
U.S. Postmaster
State Treasurer
Griggs Cooper Co.
Quality Wine Co.
Old Peoria
East Side Beverage
A.J. OGle Co.
Minter-Weisman Co.
Frito-Lay Inc.
Hennessy Agency
Comm of Revenue
Voided
Prior Wine Company
Eagle Wine Company
Harry Feichtinger
Russell Marron
Don Tharalson
Steven Theis
Susan Culver
Pat Amundson
Pat Pfeffer
Mary Skraba
Steven Schultz
Dean Young
Voided
State Treasurer
Comm of Revenue
Griggs Cooper
Johnson Wine Co.
Twin City Wine
Ed Phillips & Sons
Old Peoria
Midwest Wine Company
Pogreba Distributing
NSP
Vernon Company
Mtka State Bank
OCTOBER 25, 1982
PURPOSE:
Postage
PERA 10/13/82
Liquor Purchases
Wine 11
Liquor 11
Beer Purchases - Sept.
11 11 - Sept.
Sept Misc. Purchases
Misc. Purchases
Liability Policy
Sales & Use Tax
Wine Purchases
11 11
Salary
11
11
11
11
11
11
11
11
11
Sept FICA
Sales Tax
Liquor Purchases
Wine Purchases
l' 11
Liquor Purchases
11 11
Wine 11
Beer Purchases - Spet.
Electric Store I
Xmas Giveaways
FWH - 10/27/82
Total
r- App~:o':'d-l:;:~'.-
- ~........,.; ;; ~ .
(:1 .\ ,.r'-' rl f
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AMOUNT ..
$ 40.00
330.48
2,724.87
985.38
801.23
3,882.30
921. 04
910.00
51.22
6,547.25'
3,943.95
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375.10
387.69
611.23
421.10
168.15
253.62
98.00
. 80.85
109.45
101.50
241. 72
305.92
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460.96
2,951.02
1,840.87
335.22
504.72
558.74
1,098.53
641.68
3,185.88
252.99
180.50
383.00
$36,686.16
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Af<'rICf,I'~~; OF InCO\{p()HA'f[OfJ
OF
TINGE\v'OOD flow;:ownms ASSOCIA'frm.]
AHTICLE I
Name
T he name of the Assoc ia t ion shall be THJC E\700n 1l0r1EOWIERS
ASSOCIA'frOrJ .
AR'fICLE I I
Registered Office
at
State of r1innesota.
The registered office of the Association shall he located
, Co u n t y 0 f II e n n e p;i n ,
I
AR'fICLP. lIT
Purposes and Powers
The purposes of the Association are to provide [or
maintenance, preservation and architectural control oE Hesidencc Lots
and Common Area wi thin TItlGE\tJOOD, Hennepin County, r1innesota,
according to the plat thereof on file and of recor~ in the office of
the in and Eor said County, and to
promote the health, safety and welfare of residents \vithin the above
described property and such additions thereto as may hereafter he
brought within the jurisdiction of the Association, hereafter
referred to as the "Properties".
~To accomplish the foregoing purposes, the Association shall
have the following powers:
(a) To operate and function exclusively as a non-profit
corporation, with the rights, powers, _lnd privileges perr.litted by
Chapter 317 of the Hinnesota Statutes;
(b) To exercise all of the powers and privileqes and to
perform all of the duties and obligations of the Association as set
forth in that certain Declaration of Covenants, Conditions ann
Restr ict ions, herei na fter called the "Declaration", appl icab Ie to tl Ie
Properties and recorded in the Office of the
as Document No. , and as the same may be amended from time
to time as therein provided, said Declaration being incorporated
herein as if set forth at length:
(c) To fix, levy, collect and enforce payment by any
lawful means, all charges or asses~ments against the Properties, to
pay all expenses in connection therewith and all office and other
expenses incident to the conduct of the business of the Associ.ation,
including all licenses, taxes or governmental charges levied ,'jqainst
the Association;
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(d) '1'0 ac(]uiLI: (by qirt, pl1U;lld~;C or oLIH:nJisc:), O\JII,
hold, impt'ove, oper.ate, Indintain, ~;cll, lease, Lrdfls[cr, d(:<licdt(~ ('it-
public use oc otherwise dispose of ccal oc pecson.:.d pr-OPCLty in
connection with the affairs of the Association;
(e) To borrow money, and \vith the assent of t\w-thirds
(2/3) of each class of members mortgage, pledge, deed in trust, or
hypothecate any or all of its real or personal property as securitv
for money borrowed or debts incurred;
(f) To provide exterior maintenance for the RcslJence Lots
and townshouses within the Properties;
(g) To maintain unkempt lands or trees;
(h) To dedicate, sell or trans fee all or any palt of the
Common Area of the Proper ties to any publ ic agency, au thor i ty or
utility or non-prOfit corporation organized for the same general
purposes as this Association, for such pruposes and suhject to such
cond it ions as the Assoc ia t ion sha Ii deem appropr i a te. 1I00vcver, no
such dedication, sale or transfer shall he effective unless an
instrument directing such dedication, sale or transfer shall have
been signed by two- th irds (2/3) of each c~:a..:s.~ ~f_~:\~J~b~ rs , It>.. ac}r.ee i nq . tQ /)
such dedication, sale or transfer.; - ~ fYl/\ ~ ~I ~ ~ ~
(i) To participate in mergers and consolidations with other
non-profit corporations organized for the same purposes or annex
additional residential property, provided that any such me~gec,
consolidation or annexation shall have the assent of two-thirds (2/3)
of each class of members;
(j ) To enforce any and all covenan ts, cood it ions and
restrictions applicahle to the Properties;
(k) To do any other thing now or hereafter permitted a
corporation oryanized under the non-profit corporation law of
Minnesota, which in the opinion of the noard of Directors of the
Association, will promote the common benefit and enjoyment of the
members of the Association.
The foregoing enumeration of powers is made in furtherance,
and not in limitation, 9f the powers conferred upon this Association
by law, and is not intended, by the men t ion of any part ic ular power
to limit or restrict any lawful power to which this Association may
be otherwise entitled.
. ARTICLE IV
No Pecuniary Gain to Members
The Association does not :and shall not afford pecuniLlry
gain, incidentally or otherwise, to its members.
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AII'l'leL!'; v
---.---- .-,,--.--.-..--
..Mel~~F Sll ie
Every person or ent i ty \vho is a record ovmec of a tt:e or:
undivided fee interest in any Residence Lot which is subject by
covenants of record to assessment by the Association, including
contract sellers, shall be a member of the Association. 'T'he
foregoing is not intt=nded to include persons or entities \vho hold un
interest merely as security for the performance of an obliq~tion.
Hembership shall be appurtenant to and may not be separated from
o\.Jnership of any Residence Lot which is subject to assessr'lent by the
Association.
ARTICLE VI
Voting Rights
The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners \-lith the
exception of the Declarant and shail be entitled to one vote for each
Residence Lot owned. When more than one person holds an interest in
any Residence Lot, all such persons shall be members. The vote for
such Residence Lot shall be exercised as they among themselves
determine, but in no event shall more than one vote be cast with
respect to any Residence Lot.
Class B. The Class 0 membcc(s) shall he the Declarant (as
defined in the Declaration), and shall be entitled to three(]) votes
for each Residence Lot owned. The Class B membership shall cease and
be converted to Class A membership on the happeninq of either: of the
following events, whichever occucs earlier:
.(a) when the total votes outstanding in the Class A
membership equal the total votes outstanding in
the Class B membership; or
(b) on
, 19
AR'rICLE VI I
Ooard of Directors
The affairs of this Association shall be managed by a Roard
of Directors. The number of Directors shall be as prescribed in the
By-Laws of the Association. The initial Ooard of Directors shall
consist of three (3) directors, each of whom shall continue in office
until the first meeting of the members and until his successor is
elected and qualified. The names and addresses of the members of UIC
Board of Directors as of the date of these Articles of Incorporation
are as follows:
\} 6t~ ~ cl>>
J: j}lltY' ( .J~. ,Jl'
).) . ~~. ~ ~
C~ ~ 6v[}J'.
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'AWrrCLp. VIII
-Dura t.ion-
The duration of, the Associat iOT) shall he perpetua1.
AHTICLE IX
The Association shall have no capital stock.
AR'l'T eLF: x
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Personal Liability of ~1embers
The members of this Association shall have no liability for
obligations of the Association.
AR'fICLP. XI
FHA/VA Approval
The following actions, if taken prior to
19 , will require the prior approval of the Federal Housing
Administration or the Veterans Administration: annexation <)f
additional property, mergers anrl consolidations, mort0aqinq bE Co~mon
Area, dedication of Common Area, dissolution, and amendment of these
Articles.
ARTICLE XII
Dissolution
The Association may be dissolved \Jith the assent given in
writing and signed by not less than two-thirds (2/3) of each class of
members. .Upon dissolution of the Association, other than incident to
a merger or consolidation, the assets of the Association shall he
dedicated to an appropriate public agency to be used for purposes
similar to those for which this Association was created. In the
event that such dedication is refused acceptance, such assets shall
be granted, conveyed and assigned to any non-profit corporation,
association, trust or other organization to be devoted to such .
similar purposes. r.lA.f}J1~ h'A ~ ~ ~
ARTICLE XIII ~ rr ..........(
Amendments
Amendment of these Articles shall require the assent of 75
percent (75%) of the entire membership.
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APPHOVAL OF FEJ)I':JU\L IJOIJSlfJC ^nrlItn~~'l'n^,l'r()fJ
'l'he Federal Jlousinq Administration hereby approves the:
foregoin0 Articles of Incorporation.
DATED: , 1982.
STATE OF MINNESOTA)
)SS
COUNTY OF )
On said day of , 1913 hefol"e l!"Ie
a Notary Public within and for said County, personally appeared
, to me personally known, who, being
by me duly sworn did say that _he is the Area Director of Depat"tment
of Housing and Urban Development, t1inneapolis-St. Paul office and
that the foregoing Approval was executed in behalf of the Department
..
of Housing and Urban Development and acknowledged said Approval to be
the free act and deed of said Department of rIousinq and Urban
Development.
Notary Public
, County, nn
My commission expires
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B '{ - L^ t'IS
OF
,
'rINGEOOOD I!m1r:O\ml'~HS l\SSOCIATIOn
AR'rICLE I
Name and Location
Section 1. Name. 'rhe name of the corporation is 'fItJCr:tl00T)
1I0MEOHNERS ASSOCIATION, hereinafter referred to as the
. "Association".
Section 2. Location. The principal office of the
corporation shall be located at
but meetings of member and directors may he held at such places
within the State of Minnesota, County of Hennepin, as may be
designated by the Board of Directors.
ARTICLE II
Definitions
Section 1. "Association" shall mean and r.-e((~l- to 'rrrJGE\100D
BO~1EOHNERS ASSOCIA'fION, its successors and assiCJns.
Section 2. "Properties" shall mean and refer to the real
property lying in Hennepin County, f1innesota, and desccibed as:
Section 3. "Common Area" shall mean and refer to all real
property owned by the Association for the common use and enjoyment of
the Owners. Common Area shall include the following described real
property lying i~ Hennepin County, Minnesota, to-wit:
Section 4. "Residence Lot" shall mean and cefee to any
plot of land shown upon the recorded plat of the Peopeeties with the
exception of the Common Area.
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Section 5. "Owner" ~)l1dLl lUetin and r:cCl:I." tu L1le r~\_'cold
o\vner-, \vhether- one or- mor-e persons or- entities, of ttw ree :dPlple
title to any Residence Lot which is a part of the rroperties,
including contract sellers, but exdluding those having such interest
merely dS security for the performance of an obligation.
Section 6.
"Developer" shall mean and refer to
, its successor s and ass ig ns, if such
ass igns should acqu i re more than one U l1(kve.loped
from the Devc~loper for the purpose o[ development.
successors or
Residence Lot
Section 7. "Declar-ation" shall mean and refer to the
Declaration of Covenants, Conditions and Restrictions applicable to
the Properties recorded in the Office of: the
in and for Hennepin County, Minnesota, as the same may be amended
from time to time.
ARTICLE III
Member-ship
Section 1. Every Owner shall be a member of the
Assoc i at ion. t1embersh ip sha 11 pe appu r te na nt to and mav not be
separated from ownership of a Residence Lot.
Section 2. The rights of membership are subject to the
payment of annual and special assessments levied by the Association,
the obligation of which assessments is imposed against each Owner of
the Residence Lots and becomes a lien against the Residence Lots on
which such assessments are made, as provided by the recorded
Declaration of Covenants, Conditions and Restrictions to which the
Properties are subject.
Section 3. The rights of membership of any person maybe
suspended by action of the Directors during any period when the
assessments against his Residence Lot remain unpaid, but upon payment
of such assessments, his rights and privileges shall be automatically
restored. If the Directors have adopted and published rules and
regulations governing the use of the Common Area, and the personaL
conduct of any person thereon, they may, in their discretion, suspend
the rights of any person sixty (60) days; provided, however, that
nothing contained in this section shall be deemed to deny an Owner
access to and from his Residence Lot.
ARTICLE IV
Voting Rights
Section 1. The Association shall have two classes of
voting m~mbership.
Class A. Class A members shall be dll ownl:rs of
Residence Lots, except the Developer. ^ C:lass ^
member sho is the sole Owner of d Res ide nee Lot ~;h,jl1
be ent i tIed to one vote for each Lot so owned. \1111'11 a
Residence Lot has more than one Owner:, the voLe tot:
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such Lot shall he execcised as tile 0\.;n(:1'5 L1lt:re\)L
determine among themselves, but in no event shall more
than one vote' be cast\...ith '. respect to dny Rc:siclence
Lot owned by a CLlss.^ 1~1ember. If the Owners of a
Residence Lot do nut determine ho\.; to Cilst the vote
for the Lot, then no vote shall be recorded for that
Lot.
Class R. The Class R member shall be the neveloper:.
The Class n member shall be entitled to three(])
votes for each Residence Lot owned. The Class n
membership shall cease and be converted to Class A
membership on the happening of either of the following
events, whichever occurs earlier:
(a) when the total votes outstanding the Class ^
membership equal the total votes outstandinq
in the Class 8 membership, or
(b) , 19___
Section 2. Suspension ot Membership. If d member is in
default in the payment of any annual or special assessment levied bv
the Association, the voting rights of such member may he SUSf)ended hy
the Board of Directors of the Association until such assessment, and
interest thereon, if any, has been paid.
ARTICLE V
r1eeting of Members
Section 1. Annual Meeting. The first annual meeting of
the members shall be held on the fourth r10nday in r1arch in the yeat-
following~ the date of incorporation of the Association, and each
subsequent regular meeting of the members shall be held on the same
day of the same month of each year thereafter, at the hour of 7:00
o'clock P.M.
If the day for the annual meeting of the members is a legal
holiday, the meeting will be held at the same hour on the first day
following which is not a legal holiday.
Section 2. Special Meeting. Special meetings of the
members may be called at any time by the president or by the l30ard of
Directors, or upon written request of the members who are entitled to
vote one-fourth (1/4) of all of the votes of the Class A membership.
Section 3. Notice' of Meetings. Written notice of each
meeting of the members shall be given by, or at the direction of, the
secretary. or person authorized to call the meeting, by mailing a copy
of such notice, postage prepaid, at. least fifteen (15) days before
such meeting to each member entitled ,to vote thereat, addressed to
the member's address las t appear i ng on the books of the Assoc i a t ion,
or supplied by such member to the Association for the purpose of
notice. Such notice shall specify the place, day and hou~ o~ the
meeting, and, in the case of a special meeting, the plJrpos(~ of the
meeting.
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Section 4. ()uonim. The presence at the nl(~etinq of llIellll)el'~~
entitled to cast, or o{ proxies entitled to cast, ~D(>-h'llth (l,lln)-of
the votes of each class of membershtr shall constitute a quorum Lor:
any action except as otherwise provided in the Articles of
Incorpor-ation, the Declar-ation, Oi. these By-Laws. If, ho\vever-, such
quor-Ur1 shall not be pr-esentor- represented at any m(~eting, the
member-s entitled to vote thereat shall have power to aojourn the
meeting from time to time, without notice other than announcement at
the meeting, until a quorum as aforesaid shall he present or be
repr-esented.
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Section 5. Proxies. At all meetings of members, each
member may vote in person or by proxy. All proxies shall be in
wr-iting and filed with the secretary prior to the commencement of the
meeting. Every proxy shall be revocable and shall automatically
cease upon conveyance by the member of his Lot.
ARTICL8 VI
Board of Directors: Selection: Term of Office
Section 1. Number. The affairs of this Association shall
be managed by a Board of nine (9) directors, who need not be r1embers
of the Association.
Section 2. Term of Office. At the first annual meeting
the members shall elect three (]) directors for- a term of one (1)
years, three (]) director-s for- a term of two (2) years ann three (3)
directors for- a term of thr-ee (]) years; and at each annual meeting
thereafter the members shall elect three (]) director-s for- a ter-m of
three (]) years.
.Sec tion ]. Removal. Any d i rec tor- may be r-emoved from the
Board, with or without cause, by a majority vote of the members of
the Association. In the event of death, resignation or- r-emoval of a
director, his successor shall be selected by the remaining members of
the Board and shall serve for- the unexpired term of his predecessor.
Section 4. Compensation. No director shall receive
compensation for ser-vice he may rendet- to the Association. HO\vevec,
any director may be reimbursed for his actual expenses incurred in
the performance of his duties.
Section 5. Action Taken Hithout a Meeting. The directot-s
shall have the right to take any action in the absence of a meeting
which they could take at a meeting by obtaining the written approval
of all the directors. Any action so approved shall have the same
effect as though. taken at a meeting of the directors.
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AF~'I'ICr.I~ VI I
Nomi na t ion and-E lee t iOf1- of n i eee ton-~
Section 1.' Nomination. ,Nomination foe election to the
Board of Directors shall be made by a Nominating Committee.
Nom ina t ions may also be made feom the flo,oe at the annual mee t i ng .
THe Nominating Committee shall consist of a Chairman, who shall be a
member of the Board of Directors, and two or more memhees of the
Association. The Nominating Committee shall be appointed by the
Board of Dieectoes prioe to each annual meeting of the r1embees, to
serve from the close of such annual meeting until the close of the
next annual meeting and such appointment shall be announced at each
annual meeting. The Nominating Committee shall make as many
nominations for election to the Board of Directoes as it shall in its
discretion determine, but not less than the number of vacancies that
are to be filled. Such nominations may be made from among Members oe
non-members.
Section 2. Election. Election to the Board of Directoes
shall be by secret written ballot; At such election, the members oe
their proxies voting as one class may cast, in respect to each
vacancy, as many votes as they are entitled to exercise under the
provisions of Aeticle II above. The persons receiving the laeges
number of votes shall be elected. Cumulative voting is not '
permitted.
ARTICLE VIII
Meetings of Dieectors
Section 1.. Regular r1eetings. Regular meetings of the
Board of Directors shall be held monthly without notice, at such
place within County and at such hour as May be fixed
from time-to time by resolution of the Board. ShoulJ any meetinq
fall upon a legal holiday, then that meeting shall he held at the
same time on the next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the
Board of Directors shall be held when called by the president of the
Association, or by any two (2) directors, after not less than three
(3) days notice to each director.
Section 3. Quorum. A majority of the number of directors
shall constitute a quorum for the transaction of business. Every act
or decision done or made by a majority of the directors present at a
duly held meeting at which a quorum is present shall be regarded as
the act of the Board.
ARTICLE IX
Powers and Duties of the Board of Directors
Section 1.
Powers. The Board of nirectors shall have
power to:
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(a) adopt and publish rules and regulat ions <]OV'Tlli nq
the use of the Common Aeea and the persorldl conduc t
of the'members and their guests thereon, and to
establish penalties ior t~e infraction thereof;
(b) suspend the voting rights and riqht to use the
recreational facilities ofa member duriny any period
in which such member shall be in default in the
payment of any assessment levied by the Association.
Such rights may also he suspended foe a period not to
exceed sixty (60) days, for infraction of I'uhlished
rules and regulations;
(c) exercise for the Association all powers, duties and
authority vested in or delegated to this Association
and not reserved to the membership by other provisions
of these By-Laws, the Articles of Incorporation, or
the Declaration;
(d) declare the office of a member of the Board of
Directors to be vacant in the event such mel'1ber shall
be absent from three (3) consecutive regular meetings
of the Board of Dieectors; and .
(e) emply and discharge a manager, independent
contractors, or such other employees as they deem
necessary, and to prescribe their duties.
Section 2.
Directors to:
Duties.
It shall be the duty of the Board of
~ (a) cause to be kept a complete record of all its acts and
corporate affairs and to present a statement thereof
to the members at the annual meeting of the members,
or at any special meeting when such statement is
requested in writing by members who are entitled to
vote one-fourth (1/4) of all votes of the Class A
membership;
(b) supervise all officers, agents and employees of the
Association, and to see that their duties are properly
performed;
(c) appoint an Architectural Control Committee, as
provided in the Declaration, a Nominating Conunittee,
as provided in these By-Laws; and such other
committees as it deems appropriate in carrying out l.ts
duties;
(d) as more fully provided in the neclaration, to:
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(l ) fix the amount of the annual a~;sessmC:Ilt .J.iJdillS L
each Lot ,at least thirty (30) days in ddvance of:
each annual assessment periorl;
(2) send written notice of each assessment to every
Owner subject thereto at least thirty (30) OdYS
in advance of each annual assessment period; and
(3) pursue the remedies of the Association if
assessments are not paid within thirty (30) days
after due date.
(e) issue, or to cause an appropriate officer to issue,
upon demand by any person, a certificate setting forth
whether or not any assessment has been paid and if not
paid, the amount which is unpaid. A reasonable charge
may be made by the Board for the issuance of such
certificate. If a certificate states an assessment
has been paid or that a certain amount is unpaid, such
certificates shall be conclusive evidence of such
statements;
(f) procure and maintain adequate liability and haz.an'l
insurance on property owned by the Association;
(g) cause all officers or employees having fiscal
responsibilities to be bonded, as it may d0em
appropriate; and
(h) cause maintenance services to be performed.
,
ARTICLP. X
Officers and Their Duties
Section 1. Enumeration of Offices. The officers of the
Association shall be a president and vice-president, who shall at all
times be members of the Board of Directors, a secretary, and a
treasurer, and such other officers as the 80ard may from time to time
by resolution create.
Section 2. Election of Officers. The election of officecs
shall take place, at the first meeting of the Board of Directors
following each annual meeting of the members.
Section 3. Term. Each officer of this Association shall
be elected annually by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or
otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such
other officers as the affairs of the Association may require, each of
whom shall hold of f ice for such per iod, have such au thor i ty, and
perform such duties as the Board may, from time to time, oetermine.
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Section 5. Hesi(Jnation and Hemovcil. AllY oL[icL'r I:ld'l l)f~
removed from office \Vith oL.witEoLitcausei~the Boar-d. Any offic(:('
may resign at any time by giving \Vritt(.,n notice to the Eoani, tIle
president or the secretary. SUCli r.(~::;ignation shall take effect on
the date of receipt of such notice or at any later time specified
therein, and unless otherwise specified ther-ein, the rlcceptance of
such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be
filled by appointment by the Board. The officer appointed to such
vacancy shall serve for the remainder of the/term of the office he
replaces.
Section 7. Multiple Offices. The offices of secretary and
treasurer may be held by the same person. No person shall
simultaneously hold more than oe of any of the other offices except
in the case of special offices created pursuant to Section 4 of this
Article.
follows:
Section 8.
Duties. The duties of the officers are as
President
(a) The president shall preside at all meetings of the
Board of Directors and at all meetings of the members,
shall see that orders and resolutions of thenoard are
carried out; shall sign all leases, mortgages, deeds
and other written instruments and shall co-sign all
checks and promissory notes.
Vice President
~
(b) The vice-president shall act in the place and stead of
the president in the event of his absence, inability
or refusal to act, and shall exercise and discharge
such other duties as may be required of him by the
Board;
Secretary
(c) The secretary shall record the votes and keep the
minutes of all meetings and proceedings of the 80ard
and of the members; keep the corporate seal of the
Association; serve notice of meetings of the Board and
of the members; keep appropriate current records
showing the members of the Association together wi th
their addresses, and shall perform such other dutil's
as required by the Board.
Treasurer
(d) The treasurer shall receive and deposit in appropriate
bank accounts all monies of the Association and shall
disburse such funds as directed by resolution of the
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Board o[ Directocs; shall slrJn alJ. checks dflll
pramissary notes af the Assaciation; keep pco[1ec hooks
of accaunt; cause an annual audit of the Association
baaks to. be made by 8 public acca~ntant at the
campletian af each fiscal year; and shall prepare an
annual budget and a statement af incame and
expenditures to. be represented to. the membership at
its regular annual meeting, and deliver a copy af each
to the members.
ARTICLE XI
Annexa tian af Add i tiana 1 Praper ties and r1elllbersh i p
Additians to. the Properties may be made only in accardance
with the pravisians of the Declaration. Such additions, when
properly made under said Declaration, shall extend the jurisdictian,
duties, functians and membership af this Associatian to. such
praperties.
ARTICLE XII
Dispasition af Assets Upon Dissalutian
Upon dissolutian of the Associatian, the assets af. the
Association shall be granted and assiqned to any nem-prof i t
corporation, assaciatian, trust ar other arganization to. be nevatl.::d
to. purposes as nearly as practicable the same as those to. which they
were required to be devated by the Association. In the event that
such dedication is refused acceptance, such assets shall be dedicated
to. an appropriate public agency or utility to. be devoted to. purposes
as nearly as practicable the same as thaseto which they were
required to. be devoted by the Associatian. tJo such dispasition af
Assaciation Properties shall be effective to divest ar diminish any
right or citle of any member vested in him under the Declaratian and
deeds applicable to. the Properties unless made in accordance with the
pravisians of such Declaration.
ARTICLE XIII
Corporate Seal
The Association shall have a seal in circular farm having
with in its circumference the ward s: TINGE\VOOD Hm1EOmJ ERS
ASSOCIATION.
ARTICLE XIV
Amendments
Section 1. These By-Laws may be amended, at a regular aL
special meeting af the members, by a vote of a majority af a quorum
af members present in persan ar by praxy, except that the Fedecal
Housing Administratian or the Veterans Administratian shall have the
right to. veta amendments while there .is a Class R membership.
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^ J<'L'I cr.,.: x v
--.---.---
800ks and Recurds
The books, records and papers of the Association sh~ll ~t
all times, during reasonable business hours, be subject to inspection
by any member. The Declaration, the Articles of Incorporation anci
the By-Laws of the Association shall be available for inspection by
a ny member at the pr i nc ipal of f ice of the Assoc ia t ion, \Vhet-e cop i es
m~y be purchased at reasonable cost.
ARTICLE XVI
Assessments
As more fully provided in the Declaration, each member lS
obligated to pay to the Association annual and special assessments
which are secured by a continuing lien upon the property against
which the assessment is made. Any assessments which are not paid
when due shall be delinquent. If the assessment is not paid within
thirty (30) days after the due date, the assessment shall bear
interest from the date of delinquency at the rate of
per annum, and interest, costs, and reasonahle attorney's fees of any
authorized action taken by the Association shall he added to the
amount of such assessment. IJo Owner may waive or otherwise escape
liability for the assessments provided for herein hy non-use' of the
Common Area or abandonment of his Residence Lot.
ARTICLE XVII
rHsce llaneou s
The fiscal year of the Association shall heqin on the ficst
day of January and end on the 31st day of necember of every year,
except that the first fiscal year shall begin on the date of
i ncorpora~t ion.
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DEC' LAHNI' J or!
OF
COVENAtlTS, CmmI'rIOrlS AND RES'J'RIC'J'HmS
DECLARA'rION OF COVEUANTS, COtmITIONS AND HES'l'HIC'I'IOnS, made
th is day of , 19_, by '1'H1GE\lOOD
CORPORATION, a Minnesota corporation (sometimes hereinafter referre~
to as "Declarant") and the undersigned Owners.
ARTICLE I
Definitions
Sect ion 1. "Assoc i at ion" sha 11 mean and re fer to TDJGP..IOOD
II0r1EOHlJERS ASSOCIATION, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record
owner, whether one or mo.re persons or ent i ties, of a fee simple title
to any Res idence Lot wh ich is a pa'rt of the Prope rt i es, i nclud i ng
contract sellers, but excluding those having such an interest merely
as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to the real
property lying in Hennepin County, r1innesota descrihed as:
..
Section 4. "Common Area" shall mean all real property
owned by the Association for the common use and enjoyment of the
Owners. The Common Area to be o\med by the Association at the time
of the conveyance of the first lot is described as follows:
Section 5. "Residence Lot" shall mean and refer to any
plot of land shown upon the 'recorded plat of the Properties with the
exception of the Common Area.
Section 6. "Developer" shall mean and refer to TINGE\JOOD
CORPORATION, its successors and assigns, if such successors or
assigns should acquire more than one undeveloped Hesidence Lot from
the Developer for the purposes of development.
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Property I<.icJhts
Section 1. Owner's EaSeil\ents of Enioymcnt. r~very O\vnl!L"
shall have the right and easement of ingress anJ egress and of
enjoyment in and to the Common Area. Such right and easement shall
be appurtenant to and shall pass with the title to every Residence
Lot, subject to the following provisions:
(a) the right of the Association to charC)c reasonable
admission and other fees for the use of any recreational
facility situated upon the Common Area; and
(b) the right of the Association, as provided in its
Articles and By-Laws, to suspend an Owner's right to use of
recreational facilities for any period during which any
assessment against his Residence Lot remains unpaid; and
for a period not to exceed sixty (60) days for any
infraction of the Association's published rules and
regulations; and .
(c) the right of the Owner of each Residence Got to an
exclusive easement over portions of the Common Area
occupied by fireplaces, roof overhangs, air conditionin0
compressors, flower boxes, decks, balconies and other
appurtenances which are part of the original construction
of any townhouse or which are added pllr-sLlant to the
provisions of Article VIII hereof; and
(d) the right of the Association to dedicate, sellar
transfer all or any part of the Common Ar-ea to any public
agency, authority or utility for such purposes and subject
. to such cond it ions as may be agreed to by the members. no
such dedication or transfer shall be effective unless an
instrument signed by two-thirds (2/3) of each class of
members agreeing to such ded~tion or transf.er has been
recorded. ~fUuR -"6 ~ ~~(n,v.\l--~
Section 2. Delegation of Use. An O\vner may oelegate, in
accordance with the By-Laws, his right and easement to the Common
Area to the members of his family, to his tenants, or to his contr-act
purchasers who reside on his Lot.
ARTICLE III
Membership and Voting Rights
Section 1. Membership. Every Owner of a Residence Lot
which is subject to assessment shall be a member of the Association.
Membership shall be appurtenant to and may not be separated from
ownership of any Residence Lot whi~h is subject to assessment.
Section 2. The Association shall have two classes of
voting membership.
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etas::; A. Cla~;~; ^ ll\Olf\I)f':I:~; :;twll hlJidl (hJllcc~; uf l<c:;itll:flCI'
...-...-.-------
Lots except the Developer. A C.Lass ^ f1cllllH.:r who is Llw
sole owner of a Res idence Lot shall be ent i tIed to one vo tc
for each Lot so owned. lill~en a Residence Lot has mOt-e th~ln
one Owner, the vote for such Lot shall be exercise~ as the
Owners thereof determi ne among . themse 1 ves, but in no evell t
shall more than one vote be cast wi th respect to any
Residence Lot owned by a Class A m~mber. If the Owners of
a Residence Lot do not determine how to cast the vote for
that, Lot, then nO vote shall be recorded for the Lot.
Class B. The Class n member shall be the Developer. 'fhe
Class B member shall be entitled to three (]) votes fnr.
each Residence Lot owned. The Class n memhership shall
cease and be converted to Class A membership on the
happening of either of the following events, whichever
occurs earlier:
(a) when the total votes outstanding in the Class A
membership equal th6 total votes outstan~ing in
the Class B membership, or
(b) on
, 19_
Section 3. Suspension of r1embership. If a memher is in
default in the payment of any annual or special assessment levied hy
the Association, the voting rights of such member may be suspended by
the Board of Directors of the Association until such assessment and
interest thereon, if any, has been paid.
ARTICLE IV
Covenant For Maintenance Assessments
.
Section 1. Creation of Lien and Personal Obligation for
Assessments. Developer, for each Residence Lot within the
Properties, hereby covenants, and each Owner of any Residence Lot hy
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, or other conveyance, is deemed to covenant
and agree to pay to the Association: (l) annual assessments; and
(2) special assessments established by the Association with respect
to each Residence Lot, together with interest, costs and reasonable
attorney's fees,. shall be a charge on that Residence Lot and shall be
a continuing lien upon that Residence Lot. Each assessment upon a
Residence Lot, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the person
who was the Owner of that Residence Lot when the assessment fell due.
The personal obligation for delinquent assessments shall not pass to
an Owner's successors in title unless expressly assumed by them.
Section 2. Purpose of As.sessments. The assessments lev ied
by the Association shall be used exclusively to promote the
recreation, health, safety, and welfare of the residents in the
Properties and for the improvement and maintenance of the Common Al-ea
and the townhouses situated upon the Properties.
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Sec t ion 3. t1a x imum An nu a 1 Assessmen t.
19 the maximum annual assessment shall be
per:-Iot.
Until
(a) From and after
annual assessment may be increased each
(3) percent above the maximum assessment
without a vote of the membership.
, 19 , the max imum
year, but not more than thcee
for the previous year,
(b) From and after , 19 , the maximum
annual assessment may be increased each year, by more than
) percent above the maximum annual assessment for the rrevious
year, by the assent of members who are entitled to cast two-thirds
(2/3) of the votes of each class of members who are voting in rerson
or by proxy at a meeting duly called for this purpose.
(c) The Board of Directors of the Association may fix the
annual assessment at an amount not in excess of the maximum.
(d) The annual assessment for each Residence Got owned by
the Developer on which a townhouse has been comrleted, shall he the
same as the annual assessment for a Residence Lot owned by a Class A
member. The annual assessment for each Residence Lot owned by the
Developer on which a townhouse has not been comrleted shall he
one-fourth (1/4) the annual assessment for a Residence Got owned by a
Class A member.
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
Association may levy, in any calendar year, a special assessment for
that year only for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement of a
capital ifuprovement upon the Common Area, including fixtures and
personal property related thereto, provided that any such assessment
shall have the assent of members who are entitled to cast two-thirds
(2/3) of the votes of each class of members who are votin<) in peeson
or by proxy at a meeting duly called for this purpose.
Section 5. Special Assessment for City Maintenance or
Repair. If the City of performs maintenance or makes
repairs pursuant to Section 4 of Article V of this Declaration oe
constructs any public improvement pursuant to the laws of the State
of Minnesota then the City may assess the cost of such maintenance or
repairs or public improvement directly against the benefited
Residence Lots or the City may assess the Common Area for the cost of
such maintenance or repairs, or public improvement. If the City
assesses the Common Area for' the cost of such maintenance or repa i cs,
then the Association, at a meeting duly called pursuant to Section 5
of this Article IV, shall levy a special assessment dqains t the
benef i ted Residence Lots to defray"the total amount of the City
Assessment. Such special assessment .need not have the assent of the
members.
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S(~ction '6. notiel" dnd OUU!:UIII,[OC Anv ^ctiOII !IIIUIOl'iz(,(1
Under See t ion 3 and 11 ~ --ri-t' it-ten-rlo't i eo -of-:;ny ~;e(~~tTn(1--~:a:lt.:~-I--0);;--- ti,t:
purpose of taking any action author-ized under- Section 3 und 4 of t1li~;
Ar-ticle IV shall be maileo to' every member- at his adocess a~; shO\m in
the recor-ds of the Association not less than thirty (30) days not
,mor-e than sixty (60) days in advance of the meeting. At the first
such meeting duly called, the presence of-members, or of proxies,
entitled to cast sixty percent (60%) of all the votes of each class
of members sha 11 cons t i tu te a quorum. I f the requ ired quor um is not
present, another meeting may he called, subject to the same notice
r~qu i reme nt, and the requ ired quorum a t the subsequent mee t ing shi:lll
be one-hal f (1/2) of the requ ired quor um at the preced i ng r.IC(:t i nrl.
No such subsequent meeting shall be held more than sixty (60) days
following the preceding meeting.
Section 7. Uniform Rate of Assessment. Except as provided
in Section 3. (d) and Section 5. of this Article IV, both annual and
special assessments must be fixed at a uniform rate for all Residence
Lots and may be collected on a monthly basis.
Section 8. Date of Commencement of Annual Assessments:
Due Dates. The annual assessments provided for herein shall commence
as to all Residence Lots int he fist day of the month following
conveyance of the Common Area. The first annual assessment shall be
adjusted according to the number of months remaining in the calenoar
year. The Board of Directors shall fix the amount of the annual
assessment against each Residence Lot at least thirty (30) days in
advance of each annual assessme nt per iod. ~Jr it ten not i ce of the
annual assessment shall be sent to every Owner subject thereto. 1'he
due dates shall be established by the Board of Directors. The
Association shall, upon demand, and for a reasonable charge, furnish
a certificate signed by an officer of the Association setting fo~th
whether the assessments on a specified Residence Lot have been paid.
.
Section 9. Effect of Nonpayment of Assessments. Remedies
of the Association. Any assessment not paid within thirty (30) days
after the due date shall bear interest from the due oate at the
rate of percent ( %) per annum. The Association may
bring an action at law against the Owner personally ohligateoto pay
the same and may foreclose the lien upon the Residence Lot against
which such assessment was made by suit in the manner provided for
foreclosure of mechanic's liens. No Owner may waive or otherwise
escape liability for the assessments provided for herein by non-use
of the Common Area or by abandonment of his Residence Lot or his
interest therein.
Section 10. Subordination of the Lien to Mortgages. The
lien of the assessment provided for herein shall be subordinate to
the lien of any first mortgage. Sale or transfer of any Residence
Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to mort~age foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such
assessments as to payments which become due prior- to such sale ()I~
transfer. tJo sale or transfer shall relieve sl1ch Lot from Liabil ily.
for any assessments thereafter becoming due or from the lien
thereof.
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Section 11. Payment of ^~;~,(~SS1Tl0nt.' 'rho i1nnllal. il:;:,OS:;I:II.'llt.;
pl:ovided forhel:(~in rnuy be cql (ectC(T-'by-the-A~)sociation Ii in'ctly or
thcough the mortqagee ,of each Residence Lot, if any.
AR'rrCLE V
~1aintendnce and Const.ruction
Section 1. Exterior r1aintenance. 'j'he Association shall
provide maintenance of the Common Area and exteriol: maintenance upon
each Res ide nee Lot and townhouse wh i ch is subj ect to asseSSI!1en t u nd0 r
Article IV hereof as follows: paint, repair, replace and care for
roofs, gutters, downspouts, driveways, trees, shrubs, grass, \lalks,
and other exterior improvements. Such exterior maintenance shall not
include care or replacement of glass surfaces nor snow removal from
Residence Lots.
Section 2. Additional Exterior r1aintenance. If, in the
opinion of the Board of Directors of the Association, the need for
maintenance or repair of any Residence Lot or townhouse is caused by
the willful or negligent act of any Owner, his family, guests or
invitees, the cost of such maintenance or repair shall he added to
and become a part of the assessment to which such Owner's Residence
Lot is subject.
See tion 3. Inter ior r1a in tenance. The Assoc ia t ion shall
provide interior maintenance of the water supply system (up to the
inlet side of the water meter in each townhouse) and interior
maintenance of the sanitary sewer system (up to the foundation wall
of each townhouse) in each Residence Lot and townhouse \...hich is
subject to assessment under Article IV of this Declaration.
Section 4. tltility r1ainte~ance and Construction. If, in
tlte opini6n of the City Council of the City of ,
expressed in a resolution, the Association has failed to provide:
adequate street maintenance and repair; adequate snow removal from
streets; adequate control of surface water drainage; adequate
maintenance and repair of sanitary sewer, storm sewer, water supply
system, or other public utilities; adequate care of the Common Area;
or adequate public utilities; then duly authorized agents of the City
of may enter upon the Common Areas and perform such:
street maintenance and repair; snow removal from streets, control of
surface water drainage; maintenance and repair of sanitary sewer,
storm sewer, water supply system or other public utilities; care of
the Common Areas; or construction of such public utilities; as the
City Council of the City of shall have deemed necessary
to preserve the health, safety and welfare of the residents of
EVERGREEN ESTATES ASSOCIATION or of the City of
-Section 5. ACCESS A'l' REASONABLE HOURS. For the purpose: or
performing the maintenance and repairauthoiized herein, the
Association shall have the right, after reasonable notice to the
Owner, through its duly authorized agents and employees, to ente~ any
Residence Lot or townhouse at reasonable hours on any rlay.
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AH'J' 1 eLl-: VI
,1?artywaTTs
Section l.(;eflel.-_,~l Hules D[ La\.J to Apply'~ I~ach \v'aLl \/hich
is built as part of the original construction of any tmJnhouse lllJon
the Properties and placed on the dividing, line between two (2)
Residence Lots shall constitute a party wall and to the extent not
inconsistent with the provisions of this Article, the yeneral rules
of law regaeding party walls and of liability foe property clc:lInaqe due
to negligent oe \Jillful acts or omissions shall apply thereto.
Section 2. Shares of Repair and ~1aintenance. 'rhe cost of
reasonable repair and maintenance of each party wall shall he shared
by the Owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a
party wall is destroyed or damaged by fire or other casualty, any
Owner who has used the wall may restore it, and if other O\mers
thereafter make use of the wall they sahlI contribute to the cost of
res tora t ion thereof in proport ion to such use wi thout pre j ud ice,
however, to the right of any such Owner to call for a larger
contribution from other Owners under any rule of law regarding
liability for negligent or willful acts or omissions.
Section 4. Ueatherproofinq. Notwithstanding any othee
provision of this Article, any Owner who by his neqligent or willful
act, causes any party wall to be exposed to the elements shall 1H.:dJ:'"
the whole cost of furnishing the necessary protection against such
elements.
Section 5. Right to Contribution Runs nith Land. The
right of any Owner to contribution from any other Owner under this
Article s~all be appurtenant to the Residence Lot and shall pass to
such Owner's successors in title.
Section 6. Arbitr.ation. In the event of any dispute
arising concerning a party wall, or under the provisions of this
Article, each party shall choose one arbitrator and such arbitrators
shall choose one additional arbitrator, and the decision of a
majority of all the arbitrators shall be final and conclusive of the
question involved.
ARTICLE VII
Architectural Control
From and after the completion of construction and sale of
any townhouse on any Residence Lot, no building, fence, wall or othet-
structure shall be commenced, erected or maintaned upon such
Residence.Lot, nor shall any exterior addition or change or
al teration be made in any townhouse" until the plans and
specifications therefore showing shall have been submitted to and
approved in wiring as to harmony and topoqraphy by the Boanl of
Directors of the Association, or by an Architectural Control
Committee composed of three (3) or more representatives appointed hv
the Board. In the event said Board, or its designated committee,
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[,,!iIs to appt'ove or. disdppcove suell ,1C'~;i<Jn dncl loc:il:i()f\ \Jilllin l!liety
(30) Jays after sdid plans 'and specifications have beC'1I sIJI)).tit.ted to
it, such approval will not be required and this Article \Jill he
deemed to have been fUlly complied ~ith. Any builrliny or. other
structure must be constructed in accordance with all applicable
ordinances of the City of
AHTICLF: VIII
F:asements
Section 1. Owner Easements. The title of the Owner of
each Residence Lot shall be subject to an exclusive easement in favor
of each adjoining Resident Lot for the construction, repair. and
continuing existence of roof overhangs, decks, balconies, use of
common utility installations and other appurtenances which are part
of the original construction of each adjoining townhouse.
Section 2. Association Easements. The title of the Owner
of each Residence Lot shall be subject to an exclusive easement in
favor of the Association on and over each Residence Lot for the
purpose of installation and maintenance of utilities.
Section 3. r1unicipal Service F:asements. The title of the
Association to shall
be subj ect to a non-excl us i ve easement in favor of the City of
for the purpose of ingress and egress for police, fire,
rescue and other emergency calls, animal control, health and
protective inspection and to provide to the residents of
other public services deemed necessary by the
City of
Section 4. r1unicipal r1aintenance and Construction
Easements: The title of the Association to the followinq descrUJed
real property ly ing in Hennepin County, r1innesota:
shall be subject. to a non-exclusive easement in favor of the C i Ly of
for ingress, egress and maintenance to recform
the following functions: the maintenance, repair, construction and
reconstruction of streets, sanitary sewer, storm sewer, watermains,
and other public utilities; snow removal; control of surface
drainage; weed control; dutch elm disease control; said easements to
be operative only in the event that the Homeowner's Association
fails, in. the discretion of the City Council to perform any of the
stated functions or any similar functions as may be by future City
Councils determined.
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^'~'J'TC/.l:: IX
l J ::; 0 -Fi;;strTc' -t"T 0 n s
Section 1. 'Outside Parkin<]. no recreational vehicl(~, slIell
.-~
as a travel trailer, boat, motor home, snowmohile et cetera, lIldY he
parked on any Residence Lot, except inside a garage.
Section 2. Easements. Easements for installation and
maintenance of utilities and drainage facilities are reserved in
Section 2. of Article IX of this Declaration and as shown on the
recorded plat. \1ithin these easements, no structure, planting or
other material shall be placed or permitted to remain \Jhich may
damage or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage
channels in the easements or which may obstruct or retard the flow of
water through drainage channels in the easements.
Section 3. Temporary Structures. No structure of a
temporary character, trailer, basement, tent, shack, qara<]e, barn, or
other outbuilding shall be used on 'any Lot at any time as a residence
either temporarily or permanently.
Section 4. Signs. No sign of any kind shall he displaced
to the public view on any Residence Lot except one Jlr.o[es~;ion..--11 si<1n
of not more than one square foot, one sign of not ore than five
square feet advertising the property for sale or tent, or signs used
by the deVelol?er, to advertise the property d.uring the constructi(~~~ 11\1'4: '""'-
and sales perlod. c..~ WJ~~ ~ ~ ~ ~. c)J-v~0
Section 5. 4J~vestock and poultry. No animals, livestock,
or poultry or any kind shall be raised, bred, or kept on any
Residence Lot, except that not more than two (2) dogs, two (2) cats
or one (lj other small household pet may be kept, provided that they
are not kept, bred, or maintained for any commercial purpose.
Section 6. Garbage and Refuse Disposal. tlo Residence Lot
shall be used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept except in sanitary
containers. each Owner shall keep his s~nitary container," inSide, his
gar ag e. .- Lts.~OO, (it> f!-l/)L l:h b-CD/ (uLLC-" I ~~. \.., ~ .e. S ~
C1c fl~ ~e~ l:L ,~^-AQICLE' X
~--I General provisions
Section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liL:11S
and charges now or hereafter imposed by the provisions of this
Declaratiqn. Failure by the Association or by any Owner to enfocce
any covenant or restriction herein 'contained shall in no event be
deemed a waiver of the right to do sa thereafter.
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St.~ct i.on 2 .SeV('L1Li J it.1.. TrtVd I. i lid! it)11 of .111,/ (Jlj(' t)! llll:,I.
covenants or:-n:str-lct-ins t.>y--:fu(J(i,;ent OJ: cOin! onh:t" shall in nu \ll~;l:
.J f f e c t dn yoU It: r p L 0 vis ion s \.11 i c h sit d 1.1 r e rn a i n i n full ( 0 t c t: (l n d
effect.
Section 3. Amendment. 'rhe covenants an/1 rt~stl-icLi()ns lJL
this Declar-ation shall run with and bind the lann, fot: a lent of
tv/enty (20) years from the nate this Declar-ation is recol-ded, after
which time they shall be automatically extencleo for succest-;ive
pet-iods of ten (10) yeat"s. This Declaration may be amended durinq
the first t\/enty (20) year period by an instr:ument siqned hy not less
than ninety percent (90%) of the Lot Owners, and ther.cdfter by an
instr:ument signed by not less than seventy-five pl:rcent (75~.) of th\.:
Lot Owners. Any amendment must be r:ecorded.
Section 4. Annexation. Additional residential proper-ty
and Common Area may be annexed to the Properties \."ith thl.: consent l)L
two-thir-ds (2/3) of each class of member-so
Section 5. FHA/VA Approval. As long as theTe 1S a Class n
member-ship, the following actions will requir:e the prior- appr-oval of
the Federal Housing Administration or the Veterans Adl1inistration:
Annexation of additional properties, dedication of COlTlPton Arr:a, and
omendment of this Declar:ation of Covendnts, Conditlr)IIS ilnd
Hestrictions.
Section 6. Notices. Any notice t:equin:d to he sent L\) any
member under the provisions of this Declaration shall bc: deC:1ll0d tt)
have been property sent when mailed postpaid to the last kno\m
address of the member as shown on the records of the Association dt
the time of such mailing.
~rrl \HTNESS WIEREOF, Declarant and the undel~signed ('l\lnecs
have caused this First Amendment and Restatement of Declaration ot
Covenants, Conditions and Hestr:ictions to be executed on the date ilnd
year: first above written.
mmEH.
RES IDEn'l'l AL LOTS OWI!:I)
TINGEWOOD CORPORATION
l3y:
Its:
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APPRQVAL OF ~ITY or
.----..------.-- ------ ---:-.-- - ,-.
The Ci ty of hereby consen L:.3 to the
f)eclaration of Covenants, Conditions and Restrictions as set forth
ilbove.
s'rATE OF MIrHmSOTA)
)ss
COUNTY OF HENNEPIN)
be ing by
City of
on behalf of the City of
Approval to be the free act and deed
On this day of , 19' , before me,
a Notary Public, within and for said County, personally appeared
, to me personally know, who,
me duly sworn did say that he is the of the
and the the foregoing Approval ,vas executed
and acknowledged said
of said City of
.
fJOTARY PUBLIC
e,
',e
~PPROVAr. Of FEQERAL 1I0()SHJG AnrlIrJIsrrr~^TI()n
The Federal Housing Administration hereby approves the
above Declaration of Covenants, Conditions and Restrictions.
Dated:
, 19_.
AREA DIRECTOR
STATE OF MINNESOTA)
)SS
COUNTY OF HENNEPIN)
On the day of , 19 , before me,
a Notary Public within and for said County, personally appeared,
, to me personally known,
who, being by me duly sworn did say that he is the
Area Director of Department of Housing and Urban Development,
Minneapol1s - St. Paul office, and that the foregoing Declaration of
Covenants, Conditions and Restrictions was executed on behalf of the
Department of Housing and Urban Development and acknowledged said
Approval to be the free act and deed of said agency.
NOTARY PUBLIC
;(.. ~(Jt-~yll
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c()fi$iJli/figEnrJineers
Land Surveyors
ORR. SCHELEN .MAYERON & ASSOCIATES, INC.
Division of Kidde Consultants, Inc.
November 8, 1982
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Doug Uhrhammer
City Administrator
Re: Tingewood P.U.D.
Utility' Grading Plans
Dear City Officials:
We have reviewed the utility and grading plans for Tingewood.
Our review comments were discussed with the developer's engineer,
Mr. Scott Barri, Schoel1 'Madson, Inc.
Mr. Barri has since made all the changes discussed and submitted
a revised set of plans and specifications, dated November 5,
1982.
Based on the revised set, we have no problem with their proposed
design.
If you have any ques.tions, please contact me.
Respectfully,
ORR-SCBELEN-MAYERON
, ASSOCIATES, INC.
J- P. tJ~
James P. Norton, P.E.
City Engineer
JPNlnlb
eCI Scott Harri, Schoe11 ,Madson, Inc.
Suite 238 . Minneapolis, Minnesota 55413
T X: - 948
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SHOREWOOD
MEMO: Comprehensive Plan Amendment DATE:November 1.; I 1922
TO: City Council
FROM: Doug Uhrhammer
;.JOTE please refer to Council Agenda Packet deted
October 12, 1982, Attachment #3 for a copy
of the proposed amendment.
The last time tlJe C01.illcil reviewed this amendment
was at the meeting of October 12, 1982. At that
time, the Planner recommended that the l"let COlmcil
be allowed 10 days to revie'." and respond to the
CimendJnent. The City has n9t received a response
from the Net COlillcil at this time.
The staff recommends that action be taken to approve
t.he amendment, if tIle C01Jncil so desires.
4
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~' '5. -,:?,. "';/' - s
SHOREWOOD
MEMO: Creation of C-4 Zone
TO: City Council
DATE :Novem ber 4, 19f52
FROM: Doug Uhrhammer
Copies of the fourth Draft of the C-4 Zoning District
will be provid~d to. you at the meeting.
Please refer to the following excerpt from the approved
minutes at the October 12, 1982, Council meeting
which outlines the changes that the Council directed
the staff the make in the proposed C-4 zoning district:
ZONING A}ffiN~mNT
The THIRD READING of the proposed Zoning Amendment,
to create a "C-4" Commercial Service District, was
discustled. Suggestions for additional uses were
submitted by John Lee, Charles Crepeau, Ov-Jner of
the property in the proposed new zone. The Council
discussed alteration to:
Subdivide 5 Dimensional Regulations.
Moved by Haugen, seconded by Leonardo, to change:
A. Building Height IiJ.aximum
1. Allowable Stories
"1-1/2"
C. Yard Setbacks Requirements
2. Side: Building line to lot line
Average side lot lines to
have a total of both side
lot lines of 40'
(This would pertain to prior
and new buildings)
Motion carried unanimously.
Cowlcil will vote on this Amendment at the October 25,
1982 meeting.
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Consulting Engineers
Land Surveyors
MOV 4 1982
oRR.SCHElEN. MAYERoN & ASSOCIATES, INC.
Division of Kidde Consultants, Inc.
November 3, 1982
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Re: Backup Well, Pump, Piping & Appurtenant Work
Amesbury Plat
Project No. 82-1
Gentlemen:
Enclosed are four (4) copies of Construction Payment Voucher No.
1 on the referenced project in the amount of $11,696.40.
Please make payment in the amount of $11,696.40 to E. H. Renner &
Sons, 6300 Industry Avenue N.W., Anoka, Minnesota 55303, at your'
earliest convenience.
Very truly yours,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
~"~ -P l)~
James P. Norton, P.E.
Project Engineer
JPN:nlb
Enclosures
cc: E. H. Renner & Sons
2021 East I-Iennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413
612/331-8660 TELEX: 29-0948
( 00....
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CGr5TRUCTION PAYMENT VOUC~ER
e
E;~ It'\ate VOl.oer No. 1
:;ate :
NoveMber 3. 1982
For Period Ending
October 29, 1982
f1'OJect Iltil'C€r
82-1
Class of \-iork
E:achlp we 11, PUMP. PiP ing and Appurtenant Wor~.
tWs01Jr'j
. To
E.H. Renr~r & Soos, Ire.
6300 Ir~.~tr'j Ave. N.W.
Anoka, /'In. 55303
For
Cit':! of Shorew~j. Mirc~ota
A. Original Contract AMOunt $ 4322-:.00
-----------
B. Total Additions $
---------
C. Total Deductions $
---------
D. Total Funds EOCl~bered
$
4322'\.00
E. Total Value of Work Certified to Date
$
12312.00
F. Less Retained Percentage
5
%
$
615.60
G. Less Total Previous F'a':)Ments
$
H. Approved for Pa'~t, This Report
$
11696.10
.... Total Pa'jt'lents Including This Voucher
$
11696.40
J. 8alance Carr led Forward
$
31527.60
.~,:f'~:OVALS
===============--===--====--==--========--============---===--==========
JPR-SCHELEN-MA YERON & ASSOCIATES. INC.
pursuant to our field observation. as perforMed in accordance with c~.!r cGntract, we herebo) certif':i that the Materials
are satisfactor'j and the work properl':! perforMed in accordance with ~le plans ar~ speclficatior6 and that the total
~rk is 28 % cQftPletea as of October 3, 1982 . I her~ recoMMend p~ent of this voucher.
------------------ Siqrred : \L --.;.,. P 22:v~
_________________________________________=r2===-:_-=_==~~~
T,lis is to certif,:! that to the best of M'j knowledge, infor~~tiorlt ar~ belief. the quantities and vall.~ of work
certified hereIn is a fair approxiMate estiMate for the period covered bo) this ~.~her.
=xM actor
E.H. Rer.r~r & Sons, Inc.
SiqriOO t:'j
C,3te :
Ti tIe
c: :':j of
-'cue riel'
Shorewood
Appro\~ for P2~Ment
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_.;-2CK2G ;::,;
Authorized Represeritative
:::te :
02te
_:::~.-'~::53.01
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E;:,: :-:3te I)oucher NO.
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1
Contractor: E.H. Reril~r & Sor~. Inc.
6300 I~~.~tr~ Ave. N.W.
AriOl(.a. i'lrl. 55303
~~veMcer 3. 1982
P;'O.iect No.
82-1
~I.lr'j SacY..;.'p Well, f\:MP. Piping and App1.lrtenad work
Shcrewc'OQ, Mll;nesota
CorM act Date
\.klr~. COMP leted
,J1.ll'j 12. 1982
i-lork Started :
COMPletion Date
October 18t 1982
DeceMber 16 , 1992
It.~ No.
Ite/'l
Unit
Unit
Price
CorM act
Quantit'j AMOlnt
Total to Date
[ll.lanti t'j AMOunt
Moving onto site, setting UP equipMent 8. /'loving
off-sHe ltS. 3600.00 1 3600.00 c- 1800.00
...1
~ Drill no~inal 14" Open Hole L.F. 15.00 285 421""'5.00 274 4110.00
j Furnish 8. Install an Pipe ltF. 19.06 285 5415.00 274 5206.00
,;l FurniSh 8. Place Portland CeMent as grout Sack 8.00 250 2DOO.00 149.5 1196.08
~ Drill nOMinal 8" {)Pen Hole L.F. /f0.00 50 2000.00 0.00
6 Fi.lrnish. Install , ReMOVe Test p~ and Equip~ent
Required for Testir~ and DevelOPMent L.S. 1500.00 1 1506.00 0.10
7 Surging, DevelOPMent and Test Pl~ing Hrs. 95.00 20 1900.00 0.80
8 Furnlsh 8. Install Pitless Adaptor Incl. Cor~rete
Slab ltS. 1950.00 1 1950.00 6.00
9 Furnish 8. Install PUMP as Specified ltS. 493'1.00 1 4934.00 0.00
10 Furnish 8. Ir~tall All Pipirlg, Valves, Controls 8.
Misc. Material to COMPlete Project L.S. 8800.00 1 0000.00 0.00
11 Restore Building 8. Gl'Olif:ds to Original Condition
Incl. Corcrete Patching, Painting, Soddir~, Etc. L.S. 4200.00 1 4200.00 0.00
~ -1 Furnish 8. Install new Bc'Oster PUMP 8. Motor L.S. . 1000.00 1 100e.00 0.00
J...
13 Furnish & Install new ~ater Softer~r L.S. 850.aO 1 850.00 0.00
14 Locate & 1isulate 0l'31fl Line L.F. 40.00 2Q 800.}0 0.00
------- ----
----------.- -------
Total $ 43224,00 $ 12312.30
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ORR 'SCHElEN' MAYER ON & ASSOCIATES, INC.
Division of Kidde Consultants, Inc.
Consulting Engineers
Land Surve'y'ors
November 2, 1982
Mr. Charles Weaver, Chairman
Metropolitan Council
300 Metro Square Building
St. Paul, MN 55101
Re: City of Shorewood
Comprehensive Plan Review
Metropolitan Council Referral File No. 8413-2
Dear Mr. Weaver:
Recently, Mr. Anthony C. Gnerre, Deputy Chief Administrator, sent you
a letter dated October 6, 1982, discussing five items concerning
Shorewood's Sanitary Sewer System. In this letter, I will address
those five items (in quotation marks) and provide a response to each.
"I. The table on intermunicipal connection should be expanded to
include, for those areas of the City that flow unmetered to an
adjacent municipality, an indication of what the existing connections
are and what the ultimate needs will be. A projected ultimate flow
for each area should also be given."
Response
The list of intermunicipal connections is included in the enclosed 1/1
Analysis for the City of Shorewood. This 1/1 Analysis has been
officially adopted by the Shorewood City Council at their regular
meeting July 26, 1982. The intermunicipal connections are listed as
those "To" Shorewood in Table 5 and those "From" Shorewood in Table 6.
Included with the 1/1 Analysis is a map of the City divided into 13
districts. By looking at the districts and the intermunicipal flows
from either Table 5 or Table 6, the area and approximate number of
connections can be determined. In addition, we have included a table
listing the Districts in numerical order along with the zoning, build-
able area, population and estim~ted sanitary sewer flow.
"2. The plan projects 489 additional residential units by 1990. The
plan should also project the number of sewer connections and/or
residential equivalent connections to be made by year for the next
five years."
2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 lOb
1- T X: 9-0948
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Page Two
Mr. Charles Weaver
November 2, 1982
Response
The recent and near future developments that will add additional
residential units to the city are as follows:
DISTRICT
PLAT
RESIDENTIAL
EQUIVALENT
CONNECTIONS
13
7
1
6 & 8
3
6
11
5
8
6
Amesbury West
Boulder Bridge Farm
Near Mountain
Oak Ridge Estates
Woodhaven II
Westwood - 3rd Addition
st. Albans Bay Estates
Wild Duck - 3rd Addition
Noelwood Heights
Grantville Addition
32
46
273*
24
14
11
9
26
8
5
TOTAL
448
*Saturated Development may not occur by 1990.
In addition, single-family home construction will generally occur
randomly throughout the city. This accounts for the projected 489
residential equivalent connections by 1990.
-3. A copy of the City's ordinance on on-site systems should be
submitted as part of the City's Comprehensive Sewer Plan.-
Response
In general, the city does not allow on-site sewage disposal systems.
The city has not addressed the problem with any current ordinance .
because of their policy of not allowing on-site systems. However,
should the situation ever develop, they would follow the uniform
building code and latest adopted standards of the PCA.
-4. A copy of the City's 1/1 study along with its program on the
elimination of 1/1 should be submitted as part of the Comprehensive
Sewer Plan.-
Response
See enclosed copy.
-5. The plan should include a table on design capacity versus
ultimate needs for each drainage area of the local trunk sewer
systems. The plan should also identify the pumping capacity of each
lift station.-
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Page Three
Mr. Charles Weaver
November 2, 1982
Response
Attached is a table showing the sewer districts, lateral pipe size,
grade and pipe design capacity. The last column shows the ultimate
flow based on saturated development. The pumping capacity of each
lift station is included in a table in the 1/1 Analysis.
Throughout this report, the current city zoning and minimum lot size
has been used to tabulate Shorewood's projected sanitary sewer flows.
If you have any questions, please contact us.
Respectfully,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
~.~ P. il cn/~
James P. Norton, P.E.
City Engineer
JPN:nlb
cc: City of Shorewood
Northwest Associated Consultants
MWCC
MPCA.
TOTAL SANITARY SEWER FLOW BY DIS'rRICT
SHOREWOOD, MINNESOTA
MINIMUM* UNITS
DISTRICT ZONE AREA . LOT SIZE = (LOTS) X 2.8 CAP/UNIT X 75 GAL/CAP/DAY = TOTAL FLOW GAL/DAY
.
1 Rl 313 AC 0.92AC 340 952 71,400 Gal/Da~ 71,400
TOTAL \; 71, 40Qv~~
2 Rl 55 AC 0.92AC 60 159 12,500 Gal Day~_ 12,500
TOTAL 12,500
3 Rl 126 AC 0.92AC 137 384 28,800 28,800
3 R2 50 AC 0.46AC 109 305 22,875 22,875 e
3 C3 1 A 0.46AC 2 6 450 450
TOTAL 52,125
4 R2 80 AC 0.46AC 174 497 37,275 Gal/Day 37,275
4 R3 8 AC 0.46AC 17 48 3,600 Gal/Day 3,600
TOTAL 40,875
5 Rl 222 AC 0.92AC 241 675 50,625 Gal/Day 50,625
5 R2 81 AC 0.46AC 176 493 36,975 Gal/Day 36,975
5 R3 32 AC 0.46AC 70 196 14,700 Gal/Day 14,700
5 R4 10 AC 0.34AC 29 81 6,075 Gal/Day 6,075
5 R5 3 AC 0.23AC 13 36 2,700 Gal/Day 2,700
5 C3 16 AC 0.46AC 35 98 7,350 Gal/Day 7,350
TOTAL 118,425
6 Rl 110 AC 0.92AC 120 336 25,200 Gal/Day 25,200
6 R2 272 AC 0.46AC 591 1655 124,125 Gal/Day 124,125
6 R4 8 AC 0.34AC 24 67 5,025 Gal/Day 5,025
6 C3 8 0.46AC 17 48 3,600 Gal/Day 3,600
TOTAL 157,950
7 Rl 261 AC 0.92AC 284 795 59,625 Ga 5
TOTAL 59,625
8 Rl 315 AC 0.92AC 342 958 71,850 71,850
TOTAL 7T;1f5O
9 Rl 71 AC 0.92AC 77 216 16,200 Gal AfJ..L_ 2 0 0_
TOTAL 16,200
10 Rl 61 AC 0.92AC 66 185 13,875 13,875
10 R3 31 AC 0.46AC 67 188 14,100 14,100
10 C3 6 AC 0.46AC 13 36 2,700 2,700
TOTAL 30,675
*Based on current zoning.
MINIMUM* UNITS
DISTRICT ZONE AREA . LOT SIZE = (LOTS) x 2.8 CAP/UNIT x 75 GAL/CAP/DAY = TOTAL FLOW GAL/DAY
11 Rl 36 AC 0.92AC 39 109 8,175 Gal/Day 8,175
11 R2 34 AC 0.46AC 74 207 15,525 Gal/Day 15 , 5 25
TOTAL 23,700
PURD AMESBURY
NO. 1 WEST 97 272 20,400 Gal/Day 20,400
12 Rl 36 AC 0.92AC 39 109 8,175 Gal/Day 8,175
TOTAL 28,575
13 R2 58 AC 0.46AC 126 353 26,475 26,475
TOTAL 26,475
e
TOTALS 2,304 AC 3,379 9,464 CAP 710,375*
*Does not include any 1/1 quantities.
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DESIGN PIPE CAPACITY
VERSUS
ULTIMATE SANITARY SEWER FLOW
SHOREWOOD, MINNESOTA
TRUNK DESIGN ULTIMATE
DISTRICT SIZE GRADE CAPACITY FLOW
1 12" 0.20% 1. 55 CFS 71,400 Gal/Day
12-2 12-1 N=500 696 GPM 50 GPM
2 9" 0.423% 1. 05 CFS 12,500 Gal/Day
53-9 53-8 N=250 471 GPM 9 GPM
3 9" 0.3% 0.95 CFS 52,125 Gal/Day
39-1 - MH N=300 426 GPM 36 GPM
4 9" 1.79% 1.9 CFS 40,875 Gal/Day
41-1 41-1A N=75 853 GPM 28 GPM
5 9" 0.30% 0.95 CFS 59,213 Gal/Day
18-8 16-7 N=300 426 GPM 41 GPM
5 9" 0.30% 0.95 CFS 59,213 Gal/Day
9-11 16-14 N=':300 426 GPM 41 GPM
6 9" 0.30% 0.95 CFS 157,950 Gal/Day
30-3 30-2 N=300 426 GPM 110 GPM
7 10" 0.28% 115 CFS 59,625 Gal/Day
MH22-4 MH N=350 516 GPM 41 GPM
8 15" 0.17% 2.55 CFS 71,850 Gal/Day
MH8-5 MH8-6 N=600 1145 GPM 50 GPM
9 9" 0.30% 0.95 CFS 16,200 Gal/Day
MH59-4A 59-5 N=300 426 GPM 11 GPM
10 21 " 0.299% 9.1 CFS 30,675 Gal/Day
MH49-22-49-20 N=300 4084 GPM 21 GPM
11 9" 2.37% 2.6 CFS 23,700 Gal/Day
MH45-2-45-1 N=40 1167 GPM 16 GPM
12 9" 0.303% 0.95 CFS 28,575 Gal/Day
49-6 - 49-3 N=300 426 GPM 20 GPM
13 9" 0.303% 0.95 CFS 26,475 Gal/Day
44-1 - MH N=300 426 GPM 18 GPM
e
Fe~15.00 single/temporary
each device
$75.00 annual license
to include or more
[paddlewheel
[ raffle
[t.ipboa.rd
C?JIJblgz.,
7~~
"# atlB8
SJJ~_
AmQ"\Lt>. ^k ~)k-- --e~ + . E::~q . , Address,)'1~r;o )";;lht,<", "J<j
S1:~:~ ~:Jniza~n ~ , a . \/o-h y A n -S organization,
\ ~
hereby applies for a an~U J~~ occasion
CITY OF SHOREWOOD
APPLICATION FOR ~~LINGPEm1IT
gambling permit.
Date to be used ' " 9 J UJ'- Cj, 1-. , ',' ,
Phone Nunber of OrganizationY.'? l' ',,' t.1 cy ~4
Date Organization was orga~ized 11 d-.D
Purpose of Organization-1iLID'~lbf) ','" ,
Type of Gambling to take Place:
Padd1 ewhee1
Tipboard
Raffle
Ye~
Yes \.i
Ye~
No
No-
No
IleA
..
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. AGREEMENr
TheA~Yl<~J.-,,~.;e~;)';'J hereby agrees that if the license herein is granted
Name of Applic t .
that theA'f\'R-YI~~~)M~~d.~S7 will save .the City, its officers and agents
Name of Appl ant
harmless against any claims or actions and the cost of defending any claims or
actions arising out of or by reason of the granting of the license or the conduct
of-any of the activities authorized by the license.
It is further agreed that monthly reports shall be furnished the Ctty by the
Gambling Manager as directed in the oclinance and theAli)e \ I""" . 0.~vn B .d. ~ '07
Name of Appl ant
hereby authorizes the Bank named above as the keeper of gambling funds to allow
the City access to the figures and activity. of account numberOD~Y~~JD~sted__
above.
s:~ by authorized Officer of Organization _
.4~-%g.JC- Date ~//~/fL
~gnature
. Title q~,
The above application is made on behalf of the
AY\\~ic~~ k5ib'0:f6~-{dsJ.. ...
and all information given herein is true and
correct to the best of my knowledge and belief.
Date 9~ Jb-'21- Sigoo~7 ~
Title1J1~94
Annual licenses: Expire on December 31st of each year after the date of issue.
-' .
//6
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ORDINANCE NO.
AN ORDINANCE PROVIDING FOR T~E REGULATION AND LtCENSING OF MECHANICAL
AND ELECTRONIC AMUSEMENT DEVICES IN THE CITY OF SHOREWOOD AND
PROVIDING A PENALTY FOR VIOLATION THEREOF. '
The City Council of the City of Shore wood , Minnesota ordains:
Section 1. DEFINITION. Mechanical or Electronic Amusement Devices.
As used herein a mechanical or electronic amusement device,
hereinafter referred to as "Device" is defined as a machine which,
upon the insertion of a coin, token or slug, operates or may be
operated for use as a game, contest or amusement of any description,
or which may be used for any such game, contest or amusement and which
contains no automatic pay-off device for the return of money coins,
checks, tokens or merchandise or which provides for no such pay-off by
any other means of manner. The term mechanical or electronic
amusement devices shall include pin-ball machines, mechanical
miniature pool tables, bowling machines, shuffleboards, electric rifle
or gun ranges, miniature mechanical devices and games or amusements
patterned after baseball, basketball, hockey, tennis, soccer and
similar games which may be used solely for amusement and not as
gambling devices. As used herein, a mechanical or electronic
amusement device shall not be construed to mean coin operated music
box, or what is commonly known as a jukebox. .
Section 2. LICENSE REQUIRED. It shall be unlawful for any person,
firm or corporation to install, operate, or maintain any such
Device without having first obtained a license therefore from the
City.
{!ection 3. LICENSE FEE. The annual fee for a license shall be $50.00
and shall permit the licensee to own, operate or maintain not more
than one (1) Device in any licensed location. The fee for each
additional Device shall be $50.00 per annum.
Section 4. APPLICATION. Application for a license shall be made to
the City Clerk on fo~m6 supplied by him and shall include the
following:
4.1 The name and address of the owner and applicant.
4.2 The name, number and description of the devices to be
licensed.
4.3 The fee for playing the device and the prize, if any.
."
4.4 A description of the premise upon which the device
is kept.
4.5 What business is conducted at the premises.
4.6 The name of the manager thereof.
11 b
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Section 5. ISSUANCE. No license shall be issued except to a person
of good character. Upon approval of the application and the payment
of the license fee, the City Clerk shall issue a stamp bearing a
notation, City of Shorewood license for the calendar year of 19 , or
month of through : , 19 ---
. ---
Section 6. LICENSE TO BE DISPLAYED. Every license granted hereunder
shall be posted in a conspicuous place on the premises so licensed.
Section 7. REVOCATION. In addition to any penalty imposed, the City
Council may revoke such license for any violation of this ordinance
or of any ordinance or statute pertaining to. the conduct of such
business.
Section 8. PENALTIES. Any person, firm, or corporation who shall
operate or maintain a Device in violation of the provisions of this
ordinance shall be guilty of a misdemeanor punishable by a fine of not
more than $500 or imprisonment for not more than 90 days, or both.
Section 9. CONFLICT. Wherever the provisions contained in this
ordinance conflict with the provisions of any other prior ordinances
of the City of Shorewood, the provisions contained herein shall
control.
Section 10. EFFECTIVE DATE. This Ordinance becomes effective upon it
passage and publication.
PASSED BY THE CITY COUNCIL of the City of Shorewood, this
of , 1982.
day
Mayor
ATTEST:
Clerk
Published in the
this _ day of
, 1982.
-2-
II\~
"' I l t" o"/C'" ,'/ 1"
CITY OF SHOREWCOD a .
Regular PLANNING ~SSION Meeting
TUESDAY, OCTOBER 20, 1981
Page 1 of 1
_ COUNCIL CHAMBERS
.. 5755 COUNTRY CLUB ROAD
7:30 P.M.
M I NUT E S
CALL TO ORDER:
Chairman Stover called the regular Planning Commission Meeting to order at 8:47 P.M.
ROLL CALL:
Present: Kristi Stover, Frank Reese, Vern Watten, Bruce Benson, Janet Leslie,
Richard Spellman; Council Liaison Leonardo. Bob Gagne was appointed to
the Council effective October 13, 1981.
APPROVAL OF "PLANNING CCMvtI SS ION' , ~1INlTI'ES DATED OCTOBER 6, 1981:
Spellman moved, Reese seconded that the regular Planning Corrmission minutes dated
October 6, 1981 be approved as written. l'btion carried 6-0.
STUDY DISCUSSION:
- HOUSE ORDINANCE (RElOCATING):
Upon discussion, Reese moved, Leslie seconded, for the recorrmendation that the
Planning Comnission discuss the "relocatable homes" ordinance and that mobile homes
is not to be included in the discussion of the ordinance.
Following are concerns that were expressed. Is there a need for an ordinance?
"Relocated homes" should be considered as being conventional homes that have been
built on a formdation and without wheels. The reasons for relocating a home can be
multiple: economic, aesthetic, sentimental. Only two relocated homes (known of)
have been moved into Shorewood within the past ten years. Yet with the economics
and housing situation as it is, the issue must be faced realistically. Legally,
there is a question as to what the circumstances are in which a relocatable house
can be disallowed. Individuality should be allowed.
Problems to be considered in relocating are tree removal, widening or damage to
roads, fitting into a neighborhood, and the neighbors' input. Should permits be
required? Public hearing be required? Time limit within which to inhabit? Quality
and condition of the house to be moved in. How can the City be protected against
any damage?
The house should be subject to (1) the current zoning ordinance and to the Building
Code for new houses being built, and (2) rather than us writing an ordj.n~nce that
we should note the things we believe would be good to include in an ordinance.
Reese moved, Spellman seconded, that we study the possibility of having an ordinance
in our City to regulate a relocated home. l'btion carried with 4 ayes and 2 nays
(Spellman, Watten).
The ordinance should meet ALL requirements: Building code (construction, electrical,
plumbing, heating, etc.) and ALL health, safety, and zoning requirements.
Leslie emphasized the need for a public hearing by the Planning Comnission to be
included in the ordinance. Stover strongly suggested that the ordinance should
include that nobody else's trees (other than the respective property owner) should
have to be cut down, removed, or damaged - on either private or public property.
One of the advantages of the Watertown City Ordinance is that it addresses the
problems of a licensed house mover, deposit for expenses to the Ci;ty,-a-tetter of
credit, the insurance, and the duties of a building inspector. \ ' ' .' .
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CITY OF SHOREWooD __6_
. Regular PLANNING C~SION Meeting
TUESDAY, OCTOBER 20, 1981 - MINUTES
Page l of 3
e
S11JDY DISCUSSION - Continued
-HOUSE ORDINANCE (RELOCATING):
Stover moved, Leslie seconded, that the Planning Conmission make the recorrrnendation
to the Council that they use the Watertown City Ordinance No. 111 as a guide with
the comments as listed herein by the Planning Conmission to be considered for in-
clusion within any written ordinance by the Council. Further, that the City
Attorney should especially review and consider Item (i) under Section 11, (2).
The list to be especially considered is as follows:
a. No trees, public or private, be removed to allow passage.
b. The building must meet current building codes.
c. Public hearing must be required.
d. "Building" should be defined.
e. A time limit on when it will be occupied.
f. Pennit required.
g. Must meet the zoning ordinance requirements.
Motion carried 6-0.
STUDY DISCUSSION
- WNING ORDINANCE and SUBD:!:VISION ORDINANCE
First Draft, October 1980
(Study is to Include the GARAGE Issue)
The question of where does the Planner corne up with the words to be defined was
asked. If a word is not used throughout the Ordinance, is it necessary to have it
in the definitions?
The Planning Corrrnission decided to go through the Zoning Ordinance, First Draft,
October 1980, on a page-by-page basis, initially.
Page I-I. Chapter 200. Subd. 3. Relation to Comprehensive Plan. Spellman moved,
Reese seconded, that the last sentence, "The Council recognizes the Comprehensive
Plan as the Policy Guide responsible for regulation of land use and development in
accordance with the policies and purpose herein set forth." be deleted. Motion
failed. (1) aye-Spellman; (5) nays.
Page. I-I. Chapter 200. SuM. 2. Intent and PUrpose. Reese moved, Stover
seconded, to refer to the Planner the wording of "use" being changed to "zoning."
Would it change the character of that particular suMivision? Motion carried 6-0.
(The second sentence reading, "This Ordinance shall divide the City into use
districts and establish regulations in regard to location, erection, construction,
alteration and use of structures and land." is the one in question.)
Page 1-2. Chapter 200. SuM. 5. Minimum Requirements. b. The Planner should
explain the word "minimum" in the sentence that reads: "In their interpretation and
application, the provisions of this Ordinance shall be held to the minimum require-
ments for the promotion of the public health, safety, and welfare."
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Date
~ R t1 t! 'm' h ~ r 1 ~'1 (h) Such application for a permllshall be made
S ~ ~ I . ' U ~ .' 'I at le;ut thirty (30) days prior to. the propos&d mov'?1l
I' date in O(tj!l( to allow .th.. BuJ.ldl/lg Inspeclor 10 ma~e
tTY OF WATERTOWN SECTION 3. INSURANCE AND BOND REQUIRED. No; the Inspoction required. .
:)TICE OF ORDINANCE NO. 111. lieen:l& shall be Issued unless and until the applicant I (3) Accompanyl~g Papers .
."', ORDINANCE REGULATING THE M6vING OF shall first fila with tha City Clt'l'k a policy or policl88 01 I (a) Tax !Anlhcate. The owner of the building to
:.:JILDINGS AND PROVIDING FOR LICENSES, Insurance Insuring such applicant agaln5t liability I be moved shall file wllh Ihe appllcalion sutHci&nt
.'"nMITS AND FEES THEREFORE Impo:l&d by law In the limits 01 $25,000.00 because of I evidence that the building and lot lrom which It Is to be
The City Coundl 0' the City 01 Watertown does bodily Injury or death of one' person per accident, i removed are free 01 any enlangl!ll'n~ts and that all
- 'dain M lollow,: $50,000,00 because 01 bodily Injury to or dwlh 01 two or I taxes and any other charges against the sarno are paid
. ::OCTlON 1. DEFINITIONS For the purpoo;; 01 'this more persons per accld!!nt, and S25,OOO.OO property I In full.
.rdinance the lollowlng terms, phrases, words and dam~e liability per ao::ident. Such policy shall provide (b) Cerlificateof Ownership or Enlltlemenl. n,e
. 'elr derivations shall have the meaning' given herein. that II may not be canCEtlled by the Insurer except upon applicant ~h311 file with the appllcallon a wrlll&o 'I'
:i~en notlncomistent with lhiJ con!!!xt, words used in I nolice 10 the City. In case 01 cancellation 01 such statement or bill 01 seleor other sufficient evidence that
-e present ten~ include the present numb!!<', the Insurance such license shall be suspended aulomallcal- he 15 &ntilled to mo~e t.he building. I
. .1fdsln the singular numb-er Include the luture, words Iy until such Insurance has bean replaced. No license (4) Fee. The appllcalton shall be ac:companled by.a I
" the plural number Include the presant numb..-v, and shall be granted until :he.party applying therefor shall permit 1!!8 In the amount 01 .$250.00 plu~ a sulf/clent
-,rds In th!! singular number include the plural also have given a bond In the sum of thrCMt thousand sum, as estimated by the BUII.ding Inspector, to r;cv&r
. Jmhilr . The word "shall" is always mandatory and I dollars ($3,000.00), ~Ith good and sulllclent sureties 10 all oth81' charges required under Ihe terms 01 this or any
)! merely direclory. I be approved by Ihe City Council; and conditioned that oth81' ordinance 01 the City.
(1) "Building" is a Slructura designed, built or I said party' will save and Indemnify, and keep harmless, SECTION B. DEPO~IT.FOR EXPENSE TO CITY. Upon
c-xvpl!!d as a sh..lter or rooled enclosure for persons,: Ihe City against all liabilities, JudgEtmenlS, costs and receipt 01 an application it shall be Ihe duty 01 the
,;;naI3 or prop&f"ty and used for residential, business, i expenses, which In any wise accrues agaInst said Clly , Building Ins~o.- to procure an esllmate 01 the
.;rcantlliJ, storage, comm~i!,l, Industrial, Instilu-: In consequence 01 the granting of such license' expense that Will be Incurred In r&moYlngand replacIng
:,1:11 ~&mbly, educatio~ Of' recr9il~ional purposes.! Including the cost 01 the City lor the services 01 pUbli~ ! any elec1ric wires, street lamps, pole lines belonging to
(2) B.ul/dmg Insp€<Ctor is. the BUlldmg Insp~tor ulil/ty maintenance men necessitated by the moving 01 I the City or any oth81' property 01 the City, the removal
., the"CI.ty ,?' Watert~wn. .... (. any building, and will In all things strictly comply wilh ! and replacement 01 which will be required by reason 01
(3) City Is Ihe City 01 Watertown. , the provisions 01 this ordinance and with the conditions I the moving 01 Ihe building through the Clly, together
(4! ",Person" Is ~ny person, lirm, pa,:,n~Shlp,. 01 8l1li, and all permits which may be Issued to them I with the cost 01 materials to be used In making suCh
',ooclatlOn, co-operalton, company or organization of th9f"eunder.. ! r81'OOVals or replacerr:~ts. Prior to lssl>aOC<l 01 the
'Y kInd. SECTION 4. EXPIRATION OF LICENSE. Each such' permit the Building InspectO( shall'requlre of Ihe I
. (~) "R!!movai.loeatioo" b any location In Ihe City 01 Jicen3e shaH termlnale the 31s1 day 01 December next i applicant a deposlt.of asum ~f m~eyequal to twice the
. .,t,rtown to ~hlch a bul/dlng may properly be mov!!d SUCCeeding the Issuance 0' the same unless sooner; llmount 01 the eslomated expense. I
'j on which such building may properl.y be located revoked or forleited, and shall not be'translerable or! . SECTION'9. LETTER OF CREDIT. In order to provide
: ~r svch moving under the proviSion 01 this assignable. ; the City wllh the ne>cP..ssary security to Insure that the
~inance. SECTION 5. REVOCATION OF LICENSE Upo! owner correc1s Ihe deliciencles noted by Ihe Building
. .~~) "Planning Commission" Is the Planning Com-; presentation to the City Council 01 satlSlacto~ proo~ , Ins~or and. ~ts. all requirements relating to the
'JJlon oJ th" City 01 Watertown. I that any such licensee has pr I mpet nl t ' . movmg permit wlthm th\! 90 day pwIod the owner
. =,C,TlON 2. HOUSE MOVERS T? BE L1CE,NSED. No! properly carry on such work ono~~v'i~:' rai3i~9, o~! req<;eSting the .permit shall obtain and lI1e WI.th the City
., .on shall move, remove, ra 1S<il , or ho,d up any I holding up building or hM proceeded 'Ill a such! a lette.- 01 credit In the amount 01 $3",000,00, $1,500.00
cilding within th!! limits of the City 01 Watertown, work In such a man ~~. t d WI nYI : olwhichwillbereleas.!!dwhen, In theludgementol the
"'. h h II "" I..... C' f . n~ - 0 en anger poop e or . .. 50'" 1 h d II' I h ..___
~':S'. suc person s.a ..... leen->=! .by the Ity 0 , property or upon convictions 'Ior lailure to comply with .: BUlldmg Inspoctor, ,. 0 tee :01!flC es ave.,...".
.J,er,own to. engage In SllC~ ~upatlon. . ! this or related ordinar,ces or for other ood cause the I correc1ed ancl !he requirements relaltng 10 Ihe Issuance
Upon the ',"ng 0' lln appllcatloo lor a llcen~, the I . , .' g '... 01 the permit havs be;m substantially met. The
,",d shall be relerred to the Building In3poctor and the City Council may revoke such liCense. . '. remaining $1,500.00 will be held until aIlC::eflclenr.I;.s.1
"'.ling Commission 01 said City ll"d th~ shall make i SECTION 6. PERMITS REQUIRED. No IlCEtnsed have been corrected and requirements relallng to the.:
ij inve3tigation 01 the Qualilicatioru of the applicant to ,person shall move any building over, along or acroS3 permit have been met.. .! 'c" . .
"ry on th~ work of moving. raising and holding up . any highway, slreet or alley In the City without first SECTION 10. DUTIES OF .BUILDING INS'?ECTOA ;
,';dini;s and report their 'indlngs thi!1'oon to the City I obtaining a permit Irom the Building ITt'~eclor. . (ll In3peclion: Upon receipt of' 8 completed.
.uncil. Upon .suCh report filed with the City Council, SECTION 7. A~PLlCATION. A person seeIIlng ~plicalion to move a building t~,a removal local ion In I
:! lhe eXE'Cutlon 01 the bond as required herein and IssuanC1l 01 a permit here under shall file an a iI tlon' l~he City. 01 Watertown the BUlldl"lJ Inspector ,shail i
. ,'\cceptanc" by the City Counc.iI, such liC!!nS6 may be for such permit with the ~ 'Inspect the building wherever located and .Ihlk;'
c:nl,xl or refused atth" discretion of th~ Coty Council. (1) Form, The Application shall be made In t ng. equipment to be used to move. the building tOl
' 'uch licenge 3h311 be granted to any person less than upon lorms provided by the Building In'pector, end determine whe\her the building ~ equlpm8!'t~ne-e11
""lIY'{lne (21) year5 of age. shail be flied In the o'flce of Ihe Building Inspector. the standards lor repovallo the Cltyal Watertown' or': . . \
,.rhe fee ror each Ijcen~ is one hundred f~fty dollars (2) Contents. The. app. lication shall set forth: Whether. any o. I the reasons far. denial listed... u. nd~.~.. .9'1 ..".C :""1
_0.(0) P!!r annum, which lee shall be paid Into the (a) A description 0' the building, proposed to be Secliqn 11-(2;). are present. ..' '.'''. . .t:,. \
. f Trea,ury al Ihe time 01 the filing ot the 3pplication moved, giving slreel number, construction materials, (2J.f\eport To The Planning Commission. FOlIowif1Q\f:'~' '.
~uch Iic!!lls,o. dimensions, num baf' 01 rooms and condition 01 exterior the Inspection. the Building Inspector shall repOrt h'lsj '. '. '. .
and Interior and four (4) photographs, Showing ground findings to th~.Watertown Planning Commission. . ..' ~\,... l"''''l''',<'~
and str9\lt elevations lor all sldM 01 the building. SECTION 1h.DUTlES OF THE . . .'. .:\ ' ,"'~\"':.
(h) A legal descripllon 01. the prEtmISM .from PLANNING .CQMMISSION .... ,)' .' .
which the buildiAg Is to be moved; (1) Recommendation to City Council. The Planning'
(c) A legal d!l5Crlption 0' the pr<;>,mls6S 10 which Commission shall receive Ihe' report 01 the Building
Ills proposlOd such building bo r.emoved (reloCated), /I
located In th9 Clly; .
(d) The pUtion 01 the preml~ to be occupied
by the building when moved II locale<i In thll Clly;
. (d) The port ton 01 thepreml~ to be occupied
by the building whEtO moved If local'9d In the Clly:
(0) The highway', slreets arid alloys ove~. along
or across which th" building 13 propos.eo.l: to be movt-d;
(t) Propo:l4d moving date and hours;
(0) Any ~d<.litlo,,~1 Inlormatiootl which th..
Building In3poctor shall find nllCtlSs.ary1Q make a lair
d"IHrmlnatlon 01 wh"thbl' a pttrmltshoultl btI l3,ued.
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City Council to eithEl<" approve, deny, or condItionally.'
-::>prove :3aid ;lPPllcatiO. I
(2) R~ns for Deni ed upon the rindings 011
the Building InspilCtor, th annlng Comml33lon shall ;
rocommend denial or tne parmll application for any 01
the lollowing reasons:
(a) ThaI any application requirement or any 1e9
or deposit requirement has not be9n complied with;
(:>) Thai the building Is too largll to move
without endangering persons or property In the City;
(cl That the building Is In such a state or
delerlor.ation or disrepair or Is otherwise so structurally
unsafe that it could not be moved without endangering
. persons and prope<ty In the City;
(1) That the building Is structurally unsafe or
u'lfitlor the purpose ror which moved, If the removal
location. is in the City;
(e) That the applicant's equipment Is unsale and
that persons and property would be endangered by Its
us.!';
(I) That zoning or other ordinances 01 the City
. would be violated by the Building In Its removal
location. '
(g) That lor any reason persons Of property In
the City would be endangered by the moving 01 the
building. .
(h) Thatth& building to be moved Is not worih .at
lea.!t seventy-live (75%) per cent 01 the cost 01 a similar
"eN building as determined by the Building Inspector;
(i) That the Building Is its removal location
would fail to comply In any respect with any provision 01
any ordjna~ ot the Cily or, In the alternative, that
proper assurance 01 sudl compliance haVll, or haVll not
been glv,,". .
(j) That the building Is In yarlance with elth"
the establisheder the eXp;lCted pattern of building
developme-nJ with the neighborhood to which the
building is to be moved. Thellndings 01 a comparative
. study or age, bulk, architectual style and quality 01
conslruction of both the bUilding to be moved and the
buildings either exlsti'1g or expected In the neighbor-
hood shall be the criteria by which the Planning
Commission shall determine the degree 01 variance. .
SECTION 12. DECISION OF CITY COUNCil. Based
upon the recomme-ndatlon 01 the Planning Commission,
lhe Cily Council shall approve, deny, or conditionally
e;>prove the pei"mit applica4l00..
SECTION 13. FEES AND bEPOSITS.
(1) Deposit. The Building Inspector shall deposit all
1e"..3 and d~lts, wilh the City In tile same mann" as
all other receipts to the City or deposited.
(2) Return Upon NOr}-lssurance. Upon Councll
decision to deny refusal to Issue a permit application;
the Building InsP€'Clor shall return to the applicant all
deposits, bonds,. Insurance policies and letter 01 credit.
Permit I~ filed wl!h the applicallon shall not be
returned.
(3) Relurn Upon Allowance For Expense. Alter the
building has ~ rem~, the Building Inspector
shall furnish the City Clerk with a written statement of
all eXP'3fl:>e$ Incurred In removing and replacing all
prop!!rty belonging to the City and 01 all material used
In the mai<ing 01 the removal and replacement together
with a slat..ment (.f the damages caused to or Inflicted
upon property belonging to the City. Provided,
however, that If any wires, poles, lamps or other
prOP9fly are not located In conformity with governing
ordiran~. the permittee shall not be liable for the cost
of removing the same. The City Clerk, or his deputy,
s.'1all authoriz.. the Building fnspector to return to the
a;>plicant all deposits after the deduction 01 a sum
sufficient to pay lor all 01 the costs and expenses and for
a1l damage done to property of the City by reason of the
removal of the building. Permit fe<!s deposited with the
a;>plicalion shall not be returned.
SECTION 14. DESIGNATION OF STREETS FOR
REMOVAL. The Building Inspeclor shall procure Irom
the City Engineer: a list or designated strei'lt, railroad
cr0S3ings and bridges over which the building may be
m<:lved. The Building InspilCtor shall havll the 1151
approved by the Chief 01 Police and shall reproduce the
lisl upon the ~rmit in writing. In making their
c:et....mi:Dlions. the City Engineer and the Chief 01
Po'ice shall act to <l3sure maximum sal"ly to persons
a.~d prop€"<ty In the City and to minimize congesllon
a"d tral:lc hazards on public streo:lts.
SECTION 15. DUTIES OF PERMITTEE. Every per-
mit:99 und.... this Ordinance shall: .
(1) UY.l De3ignated Stre<>ts. Move a. building only
over slr~ls designated for such use In the written
pefmil.
(2) N<:ltify 01 Revised Moving Time. Notify lhe
Buddino In~p€ctor in writing 01 a desired change In
Hlovin{) cat" and hour3 as propo:\ooln th'J appllcallon. .
\oJl nV~"1 VI LJdllf'*\il'J'. nUtll1 HI" U-UIIUHIU "'~~\U"I
In writing 01 any and all dam;;g9 don9 to prop;...ty
~Ionging to the Village an 24 hours aher the:
damage or Injury has occ. . . . I
(4) Display Lights. Cause red Iighls to ~ displayed
on every side of th;,. building during the nighttime and
red Ilags during the daytime while building Is bf.il)g
moved or stanC:ing on the slreel, In such manner as to
warn the public or the obstruction and shall where.
necessary erecl and maintain barricades across the
stre-9ls In such matter as to prolect the public Irom
damage or Injury by reason of the removal 01 thll
building..
. (5) Street Occupancy
from the City streets aft
unless an elCtension
Inspector.
(6) Comply with Gov9f"ning Law. Comply with th~
Building Code, the ZonIng Code and all othe~
applicable ordinances and laws upon relOC<lllng the
, building In the City. . ,. !
(7) Pay Expense of 01lla.r. Pay the expense of a
.< tralllc olticer, ordered by th& Chief 01 Pollee, to
"llCCOmpany the movltmenl of the building to protect:
:.<:the publiC from Injury at the rate 0/ S50.00 per day or\
part 01 a day lor the estimated pe1"IOO required for thel
moving. . .
(6) Clear Old Prernlsee. R9mOVe all rubbish llnd;
malarlals and fill all Dxcavations to exisllng grade at the
original building site, when located In lhil City, so that
the premises are left in a salo and sanitary condlllon.
SECTION lB. MISCELLANEOUS CONDITIONS.
(1) Where the removal location 01 any building Is
kno;Nn by the Building Inspector to be subject to any
restrictive convenants 01 r~d, he shall pot Issue a
permit under the provisions 01 this Ordinance unless
and until he Is satis/led that all of the terms and
conditions of said covenants have ~ complied with. :
(2) No permit shall be 1SS<led under the provisions .
hereol unless and until the City Council shall be
sallslled that the building proposed to bil removed will
In Its removal location conlorm to th& general character
and to the type 01 archit~ture of the neIghborhood.
(3) Ills not Intended by this Ordinance to Interfere
with or abrogate or annul any ~t, convenant or
other agreement between parties provided however,
. that when this ordinance Im~ a greater or heavl~r
restriction than Is Imposed or required by any other
ordinance, rule, regulallon or by ea.Y.lfTlent, covenants,
or agreement, the provisions 01 this ordinance shall
control. . ..
(4) Every applicant or permittee shall pay, In
addition to all other required fees, an additional lee 01
20c per mile to be traveled by the Building Insp<<1or In
making any Inspection under the provisions 01 this or
any other ordinance 01 this Cily compuled Irom the City i
Hall to the site, location 01 premises where an:
. Inspection 13 to be made, together with a lee 01 $12.00 i
per hour for the Building Inspector lor the time spent In Ii
connection with such Insp<<1ion. .
(5) The building to be placed upon the removalj
location shall be completed lor occupancy within. 90,:
days alter the date 01 the pe1"mlt.
SECTION 17. ENFORCEMENT.
(1) Enforcing Officers. The Building Inspector, the
Police Deparlment and the City Engln.eer shall enforce
and carry out the requirern;mts of this or~lnance.
(2) Permittee L1ablll for Expeo~ above Deposit.
The permittee shall be liable ler any e~P'3flse, damage
or costs In excess 01 deposited amounts 01 securities, I
and the City Attorney shall prosecute an action against
the permittee In a court of coo"Tlp;ltent Jurisdiction lor,'
the recovery 01 such damages, CO$ts or expenses.
(3) Orlglnai Premises Lelt Un~la. The City shall,
proceed to do the work n~ry to leaving the o~lginar
premises In a safe and sanitary condition, where
permittee does not .comply with th" requirements of
this ordinance and the cost thereol shall be charged.
against the General Deposit. .
SECTION 18. PENALTIES. Any p"rson, /lrm or.
corporation violating any 01 the provisions of this
ordinance shall be deemed guilty 01 a misdemeanor and
upon conviction thereof shall be lined an amount not to
exceed' $500.00 or Imprisonment lot a period 01 not
exceeding nlnely days. Exh day such vlolalion Is
cornmltteed or permitted to oonlin~ shall constitute a
separate offense and shall be punishable 1I3 such
hereunder.
SECTION 19. This ordinance shall take effecl and be In
lorce from and after Its pass<>ge and publication.
Adopted by the City Council 01 the City of WatertC)wn
this 1st day 01 May, 1979. . ,
vllthe building.
such OC(:U n
e Building
Jerom;, 8. Hirsch, Mayor
ATTEST:
Marilyn P.'\3Chka. CIfl1'k-Tf"il.'JU'~
~~.
//j.{ r z ,L/,-,,-C- ~
/
i
',e'
"':'~ TEll
POL I C.
WHEREAS, the City of Shorewood is presently in the process
,-
((
of reviewing and'updating its zoning and subdivision ordinances,
, "
preparatory to adopting a comprehensive plan as required by State
, ,
of Minnesota and by regulations of the Metropolitan Council, and
vlHEREAS ,the finalization of such documents, will require .
considerable time and,the Council is faced with, the decision of
adopting either (1) a, moratorium ~n certain developments within
the City, or (2) adopt definite policies which the Council pro-
poses to include in ,the ordinances to be adopted as part of the
comprehensive plan hereinabove referred to, and
wrtEREAS, the annunciation of such public policies are" in
'the opinion of the CoUncil, necessary at this time to alleviate
the potentialadopti<:>n of a moratorium'on developments,until.the
"
neVi ordinances are prepared and adopted.
( NOW, THEREFORE~'.BE IT RESOLVED that the following policies,
are hereby adopted ~$~the stated, policies of the City of ' Shore-
-wood ~o be foliowedby'the Counciloi the City of Shorewood, as
well as all of its boards and commissions, 'in reviewing requests
,.J '.
made pursuant tQ'theexisting ordinances of the City of Shorewood
and that such polici,e's.'are ~ in the opinion of the City Council,
in the best interest of the public health, safety and general
welfare of the City.:,
Policy No. i.
Until such time as the City Council has established a
. . , ,
municipal water syst~m designed to potentially serve all of the
, ,
, ,
residents of theCi~Y of ,Shorewood, no real property within the
City may henceforth',be:'~erved 'I'L t!1. iiL~bl"Lc
.m",.....; 1"'; -......1 ,..,,...L.__
.!.."'""'-oA.....L. ....... .,.L..1! \.J.-,- VY u. "-'C; J.
,.l
..
;rovided by municipalities othe:c than the City of Shorewood.
Pr')pertie s currently /~~~~~JYbY 'such outside source are exempted
fr:)lli thi s policy.
Ud
~ ~", .'.;," . : :', ::.~;:,"" ~.~:?~,:}f::~i:~}:J.f~\:~r~\xJ.-. ':':~' :~;,i:'<.:: :,:. ':: ,;~<.':::.<~::'-~<,,:":!.~,:~\f;~\; ::?1':;: :'i'. .,~.;.:<;:; '-;~:~':. /!:::,~~~:../< ,,".i/;V'
':;~~/3;" .:w:1.:,
:;. .':.,' j N~~ :':'P:r;o~.ijP.~~~J3~~t.;~~>:}~g'~~'~~:~',~~:~,.'.~?1?-, ';~~~R~\0~1=;:t:l:j~~~\~~.,;.~.(~,;y;:~\::!.~~;....~,.
JJ; . . ...~;), ...... 'T'" (.~""..",.,.I",,1J.n~>...,.I.,.. '~I;.'~:~' .,<o~.,'I":'I~t.'~.... .....,S. "I.I.'.I'..'.......;!.,. '.:.:.~; ";"~'''~''''/':(~''\;;'':'rl'~''>'''~~:-'''I-''~''~"",
F," " ~, .",' ~.\\'...\.~l:l.,...'.. '~I"!' ...,....,.J. ......... ... .... I" 'h'l"F.l,~ . ..'.....l\..~ I' ....
/ ..:' more 'Ii \/in'g~ 'urii{a~~6~fimar0b.~.;~1'~.gaii:Y'>~6n.struc:te\d :.~~h:aii:;.;;b~1,~~r&e.d: '~,.~'~~.~f~;[.~)f.Vi,: .:;;:
" ..;:.,:. ~\ ". ':'::',' " ."::;:S;":;i4~~:i~~~,?f;;<)A>:.<:\ ".' -; "'. .,:,:;: :< :.-- . :,'.:: <:;::~;~'~,: ':;\: >'.'. ';::'.: <"':;",<~>>:;':'~~~':;:::~;:'.,<i~::~:::.:,.:<;':.::.".''''
'r ,
\.' . ..' by a 'community wa~etr:':"systf3m.t,.jjh.e ',nature' and"desJ.:gn ..thereo$':;;tQ.; ":"':':-:"::''''>-~::'' .
...... ~:..~, ... .",'), ....~>...~.'::..~~:..:~l:>:.::t'.../~:..,,~J \ ":"~'" ..I:'\:~'I."~. :'~\'.' .:.. :.:'./ :'!..~".~;4''''.,,;,~,
.L^:~;" , be appro'ved 'b;;;:th~~;,Ci;tM~Jlli~i~~~~~';>~\:The.'. de~'i~:~.h~i:,Jn~i~cie": '>:.,;";r~::r::~.\'.
,: , " ".' ".:':,~/"::;I'~:!:,)T:;i::)7::,,';::::,:I.t:::.:::.:':/.:/:':};;'!:;;;.:.':':':::'<;':";.;'r:'~;;:,:" ';'::/"::;';:>"-"> ..., .-,".,;"
l' ire' hydrants "Wi.tA:';::P:B~;~'sure:,<'sufi'i~ieht\. fQ.J;.;'.;'lise,..,:111 ::'f:i;r~~' 'f;Lgliting .,'
""~:"'L'::<;>:'::""~',::,~,<"",,,;:.',~,, ..":.,,.,,;:: :,,:,,:,>:; ,': .,.. ',:'.> .::.><,'. . ':. ' . ',..... ..;'.,'
. suchcomrnuAity~~l~t~m~~:::a:ffer,,'c9nst.ril~,tion; ma.y';jJe ttlined.iqyer .:to'
the . City' fo r .~~f~~~:~~~f~j:~~~~:;:~~~~~~~fh~:~f'~~\:~~.'.' sura. '. of'::'$1:~9Q',....' ." ,
pOIicY'~6:.:'i3";::"~':',\',:;:;\:},:, .':' . '.
. " - . ;:\ ;"::.:: "::~""':</>!:':/",.'.L" . ;~.. ".".-." ,: .. ',,":.' :,~ .~.: . <-~:'~: '.. ;-. -.; ;,~ .....~.
Commercia;:t' 'd.~vel(opIrlEmts:' shall" be .-se_ryed'...wi,th' a. water~"":, ,,- '.
. . .',~,::" :"\'H:;\.~,,:. ......" ~'.: '. ';,.\<,'.: .....: ,'. .'. ' ,..,.
system adequate:'::to'.;:bt~pg"'sufficien"t .pr€3sur~ .to . .t~re"h~<ir~ts~'F::>""
for use' in'fire.::t'Iiht:i,~g~'",
'.'
poIrcy' No:' '4'>:
Subdivisiori,of. ]~\::bpe~t'ies which create a lot not abutting
.' ...... tc/":. .,
'upon a public roa~;,,~~<:'a~cess 'for .whichio"tis. proposed :.by
','
, "."
means
of an easement>~il1'n"ot"be''.permitted.'
Policy NO, }:"5....~Vif."\~2~,."~\;.;.,:' ; ';,"
~', ;. ~ .
A'subdi vi'sion bfthree' or; fewet''';pt'o'P-En:.t1'es'';may~'be''''Served'' ,>, -'
(
by a private road .with a right-of~way of' at least 50 feet arid a,
. .
. . "
. .
s'~rface of at least, 20 fe.et, provided the'9ity is, given. an
,
f)/.,(l :. .
easement for acces,s' fot utili ties and for;emergency vehiqles;',
the maintenance and .68:te of such private :road to be .the oblig- ."y~,.\
I ,.,.....j. ~,.
" ~r: ,;;'
". ,:
~, ....{--It ~,;j/~"
r ,.....: j'.,,~ .
, ,': -]'.1;. ~ .
{I""] .' .
"
,
ation ofa person or . p'arty other than the' 'City .
POlicyN6. 6.-,.,
,be' ': "I'
. . . . / ;;/} :I:_j~'l' ..'./
C.t I.). ..
. 1. Y . ','I'/f},".{:;':"
Roads that. serve four or more lots. or patc~ls ',shall
public roads and' $hall conform. wi th :theorcl1nances '.o~ the
for construction:. and'cIe.~ign:'o,f such roads.
. ',"' i '
policy' No/.:'T'>.'.,
, " . < ~
:.:' '.~.' .
"
(;
No subdivision ;',shali be approved, 'regardIe ss of .the Size
of the subdi vi~+on(\iiltii:drainage proP'1ems :WJ;lich may result
..
..... . I " ..
from such subdiv.i$ionhaye been 'solved~'It'shall be.' the .0bIig"';
. . .. ';' . '.' ; ,:.,.i.lYtJ;:,.!; ..
ation of the l.arid:su~~ivid~r to propose;.a.'inethod of sOlving
, .~<
such drainage problem"'-",' .'-,."J'.,.'..(r....';
, . .~..: : .'. -'. " '. .
/K,:t),.'._, -
..t. :.>....;~.
/ir" ..
..
,.... ,;',' "":"'.',"
..' I~ ,; ,~,
'.
...,...... .
,..,.',.....,.,..
. . ""'.' - ":': ~ '.
':.',.....',
j.'.
.'. .<.{~'J:;i';..'" '.,
" ,::,-."::'::'.:ij'~;(~'\..:'~' ~"' ..'
":'". . ..
.~ ~. . "
:. ',-..,1
'.,', .
".., .
',,'-.<:"',' )'
'. ,';.--"-'. ,".'\
;:....:.:~,::'.',." ,1~~, ',,:' h
, .'
. '..... '''0 ~
......
:.', .
. "I~'
~ ',. .
. "'.
, :'.'
, " ~ '"
.....,
;;.~
., .: j; 1-<:,:~4 .
, .# -j.I3hc'
',. , .i>"l.I'-::':'.U" .
'.(.;. '.
", "
. Theemployees:-:6r.::':~gents..'of".the 'Ci.ty'shall' not enter
.'., 'i",::<,/:~..\::'>""" ..... ',':: . ..... . .'. "
upon pri vateprop~f~y<~tc>r.;' th~.~'p~:rp6se of.;a~sfst1l1g .in ,sol \ring
'.~ ,",'.';,':'>/::,f".~:t';:7<:..".,.:"""" "',.,.... ';,' "
exi sting drainage: Pf9b~~ms'unti'1'8i1~:,unle'as\ tIle, owner S",ot the
: .' .::;,.:,i::,,~<";(:::r~).",.'\ ".. . /.." ...,::"':..' ':', ',' ,,',' " '. '
private prope'rtY~,,"giY~::'t.o':.tbe City an ea'se.ment, for storm drain
' , '. '., ; . '" ~ : . ,.: . ,\ "
over theirprb'pe~ty.'~~t'~r~Iiev'ethe City .from .anyresp.on.s~bility
by virtue of c6ri~t;ti~~f&ri~~:Ntir~ikt~~ance oi-'iepair' ~':.r $l.i~h"storm
:",-~-:,~.'~,::> ...... ~.
, " ~ I, ~. . "-:
"
drain.
..., .
":"',,',
,.< ;. <:;~;" ':,:
, -', ". -,. -.
RESOLVEDFURTH.EIl"',Biat the' Clerk":'Adrhi~istrator is
",
','- _.' .', ',:, -, ' , (', ' , .
instructed. to hav(tp~'s~.:policiesinclu~ed' within the terms of'
the amend~ents tdt~~;"e~i,st1!,g ordih8nC~sto ~. adopteq. purSl,1ant
to completion
of>.. theS,oniprehensive pian hereina,b?~~referr:ed
.,'. "':"'.: ':":-..':',' '- ,. , ,
p61ic.tes","sha.J.l be 'includ'ed 'wi thin formal.,'
. ,",,- '. -;,1 -- " .' ,',
to.
and that such
ordinancespriort~~JulY' :).., ,1979.
'.,' ':.':, '.
"
"!,
'-".
" ",'
~',
.... '.
.'
, ~ ; -:." ~. .
BOARD MEMBERS
Robert Tipton Brown, Chairman
Greenwood
Frank R. Hunt. Jr.. Vice Chairman
Spring Park
Robert P. Rascop, Secretary
Shorewood
Edward G. Bauman, Treasurer
Tonka Bay
Alan Fasching
Minnetrista
Orval R. Fenstad
Mound
Richard J. Garwood
Deephaven
Jo Ellen Hurr
Orono
Lois C. Johnson
Minnetonka Beach
M. Jerry Johnson
Excelsior
Robert S. MacNamara
Wayzata
Robert K. Pillsbury
Minnetonka
Robert E. Slocum
Woodland
Richard J. Soderberg
Victoria
LAKE
e
/ Z/J - /z (lL~,~ . S"
e
MINNETONKA
CONSERVATION
TELEPHONE 612/473-7033
DISTRICT
402 EAST LAKE STREET
WAYZATA, MINNESOTA 55391
FRANK MIXA, EXECUTIVE DIRECTOR
TO: LMCD MEMBER MUNICIPALITIES
FROM: Robert Tipton Brown
DATE: October 6, 1982
SUBJ: Expiration of Terms of Board Members
The term of office of your appointed representative
to the LMCD Board expired in September, 1982.
Under state statutes governing the District, please
pass a resolution appointing your representative to
the Lake Minnetonka Conservation District Board of
Directors through September, 1985.
\
Attached are summary reports of the attendance of
LMCD representatives at official District activities
from October, 1979 through September, 1982. Questions
should be directed to the District office at 473-7033
or to myself.
The first meeting of attendance of the Board member
will be October 27, 1982 at 8 p.m. at the Tonka Bay
ViI
cc:
(1~
ld-CL
L^eMII'n~ETOI~KA CONSERVATION DISaT
ATTENDANCE RECORD SUMMARY - BOARD & COMHITTEE HEETINGS
October, 1980 through September, 1981
Water Structures
and Environment
Board Committee Lake Use Committee
City and Board Member Meetings Meetings Hearings Meetings Hearings
Deephaven
Richard Garwood 9:12 8: 11 7:9 6:10 2:2
Excelsior
Jerry Johnson 5:12 6: 11 3:9
Greenwood
Robert Brown 11:12 10: 11 8:9 1 1
Laketown Township
David Nixon 6:12 3: 11 2:9 0: 10 0:2
Minnetonka
Robert Pillsbury 8:12 7: 11 4:9 10:10 2:2
Minnetonka Beach
Boies/Johnson 7:12 1: 8 0:9 0;7 0:2
Minnetrista
Clevenger/Fasching 4: 12 0:9 0:2
Mound
Ulrick/Fens tad 5:12 2:7 2:6 2:10 0:2
Orono
Norman Paurus 12:12 11:11 9:9 7:10 0:2
Shorewood
Naegele/Rascop 11: 12 5:10 3:9 4: 10 0:.2
Spring Park
Frank Hunt 8:12 8: 11 1:9 0: 10 1:2
Tonka Bay
Ed Bauman 10:12 2 3 8: 10 2:2
Victoria
Richard Soderberg 7:12 0: 11 0:9 0: 10 0:2
Wayzata
Robert MacNamara 5:12 0:11 0:9 4:10 0:2
Woodland
Robert Slocum 6:12 0: 11 0:9
Attorney
Charles LeFevere 10:12 1 7
NOTE: The first digit denotes the number of meetings attended, the second digit
denotes the total number of meetings held.
In addition, members attended special, ad hoc and/or regular Executive Committee
meetings.
10-1-82
f!'!
La MINNETONKA CONSERVATIOfi DI.ICT
ATTENDANCE RECORD SUMMARY - BOARD & CO~lliITTEE MEETINGS
City and Board Member
Deephaven
Richard Garwood
Excelsior
Jerry Johnson
Greenwood
Robert Brown
Laketown Township
David Nixon
Minnetonka
Robert Pillsbury
Minnetonka Beach
David Boies
Minnetrista
Walt Clevenger
Mound
Polston/Ulrick
Orono
Norman Paurus
Shorewood
Robert Naegele
Spring Park
Frank Hunt
Tonka Bay
Ed Bauman
Victoria
Richard Soderberg
Wayzata
Robert MacNamara
Woodland
Robert Slocum
Attorney
Charles LeFevere
October, 1979 through September, 1980
Board
Meetings
Water Structures
and Environment
Committee
Meetings Hearings
Lake Use Committee
Meetings Hearings
11: 13
6:7
5: 10
5:9
1: 1
11:13
6:10
3:7
1
12: 13
10: 10
6:7
1
7: 13
4:10
2:7
0:9
0: 1
11:13
6:10
6:7
7:9
1: 1
9:13
5:10
1:7
1:9
0: 1
1: 13
0:9
0: 1
1: 13
0:5
0: 1
10: 13
6: 10
4:7
7:9
0: 1
9: 13
3:10
1: 7
0:9
0: 1
11:13
7: 10
2:7
2:9
1: 1
11:13
4
3
8:9
0: 1
6: 13
1:10
1:7
2:9
0: 1
6: 13
0: 10
3:7
4:9
0: 1
8: 13
0: 10
2:7
1
12:12
3.
NOTE: The first digit denotes the number of meetings attended, the second digit
denotes the total number of meetings held.
In addition, members attended special, ad hoc and/or regular Executive Committee
meetings.
10-1-82
LAeMINNETONKA CONSEFWl.110N DISaT
ATTENDANCE RECORD SUMMARY - BOARD & COMMITTEE MEETINGS
October, 1981 through September, 1982
City and Board Member
Board
Meetings
Water Structures
and Environment
Committee
Meetings Hearings
Lake Use
Committee
Deephaven
Thomas Maple
Excelsior
Jerry Johnson
Greenwood
Robert Brown
Laketown Township
David Nixon
Minnetonka
Robert Pillsbury
Minnetonka Beach
Lois Johnson
Minnetrista
Alan Fasching
Mound
Orval Fenstad
Orono
Jo Ellen Hurr
Shorewood
Robert Rascop
Spring Park
Frank Hunt
Tonka Bay
Ed Bauman
Victoria
Richard Soderberg
Wayzata
Robert MacNamara
Woodland
Robert Slocum
Attorney
Charles LeFevere
6: 12
5:8
3:6
3:9
11: 12
5:8
2:6
12:12
4:8
3:6
1:9
1:2
10: 12
7:8
1:6
9:9
9:12
4:8
0:6
6:9
5:12
0:9
5:12
1:8
1:6
2:9
9:12
6:8
3:6
5:8
12:12
7:8
6:6
6:9
10:12
8:8
1:6
1:9
9:12
1
8:9
3:12
0:8
0:6
0:9
6: 12
2
5:9
9:12
11: 12
0:8
0:6
4
NOTE: The first digit denotes the number of meerings attended, the second
digit denotes the total number of meetings.
In addition, members attended special, ad hoc and/or regular Executive Committee
meetings.
10-1-82
( ;~ _; l Y :
ORR. SCHElEN. MAYERON & ASSOCIATES,INC.
Consulting Engineers
Land SU/veyors
Division at Kidde Consultants, Inc.
November 8, 1982
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Attn: Mr. Doug Uhrhammer
Administrator/Treasurer
Re: Boulder Bridge Farm Pumphouse
Project No. 80 WTP-2
Dear City Officials:
There has been a great deal of' difficulty attempting to final out the
BBF Pumphouse Project. To date the job is still not finalled out.
The problem, as stated in our April 20, 1982, letter is that the
outstanding invoices exceed the money held by the City. As shown in
our April 20, 1982 letter, the difference was $5,044.32 -shown as
follows:
Total Amount Due
$16,910.60
11,857.25
$ 5.,044.35
Amount Due
Amount. Left in.. Contract
Since that time, a payment has been made directly to Armor Security,
Inc., 42 Water Street, Excelsior, MN 55331 in the amount of $394.00.
This was to cover the cost of installing the door locks on the
exterior doors ordered directly by the City. An explanation for the
events leading up to that order was included in Armor Security's
letter of March 4, 1982. A copy of that letter was attached to our
recommendation of payment letter dated June 28, 1982.
This reduced the money left in tllecontract held by the City to
$11,463.25 shown as follows:
Amount Left in Contract, 4/20/82
Payment Voucher Estimate No.8., 6/28/82
Total Amount Left in Contract, 11/8/82
$11,857.25
394.00
$11,463.25
2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413
612/331-8660 TELEX: 29-0948
Page Two
City of Shorewood
November 8, 1982
Recently, the suppliers and subcontractors met with the contractor,
Mac-In-Erny, to discuss splitting up the amount of money left in the
contract. According to Mr. Neal Meyer, attorney for Mac-In-Erny, a
decision was reached for payment on a pro-rata basis. However, Mr
Neal Meyer said....that because the amount the City is withholding is
approximately $400 less than what Mac-In-Erny's file shows, the whole
thing may go to court." This statement seemed totally inappropriate
since the suppliers and subcontractors apparently had already decided
to forget approximately $5,000.00 which their invoices show Mac-In-
Erny owes them.
Other information we received concerning the approximately $400 for
the door locks was that the reason Mac-In-Erny couldn't put the locks
on was because there were errors in the specifications and the ones he
got didn't fit the door openings.
The specifications covering the locks are included in Section 0870 -
Finish Hardware. The lockset described is for a mortise lock con-
forming to Federal Specification Standards but does not prescribe any
special manufacturer. Furthermore, it states at the beginning of the
section in Item .01 C., the contractor must .coordinate with manufac-
turer of hollow metal work for hardware requirements..
Mac-In-Erny, Inc. submitted shop drawings on a Sargent 7700 Line on
March 10, 1981. We approved the shop drawings noting a change to the
7800 Line, which described a mortise lock conforming to the required
Federal Specifications, and sent them back to him stamped approved as
noted March 31, 1981.
Not only was it Mac-In-Erny, Inc.'s selection of the Sargent Line, but
he was purchasing the locksets from the same people supplying the
hollow metal doors, Glewwe Metals. Cooordination of the hardware and
the door openings should not have been a problem.
While the previous discussion explains the situation and the contrac-
tor's responsibility it should also be noted that Glewwe Metals
credited Mac-In-Erny $394 for the door locks (credit to betaken
against an Armor Security invoice for the pruchase and installation of
locks on this project - Glewwe Metals, Inc. - letter dated 4/13/82).
Armor Security supplied and installed Russwin 15048 Mortise Locks
within two days of being directly requested to do so by the City of
Shorewood Director of Public Works.
Page Three
City of Shorewood
November 8, 1982
Since this item will be discussed at the November 8, 1982 Council
Meeting, a log of events is attached for your review.
If you have any questions, please contact me.
Respectfully,
ORR-SCHELEN-MAYERON
& ASSOCIATES, INC.
J-.. P.1~
James P. Norton, P.E.
City Engineer
JPN:nlb
Enclosure
cc: Gary Larson, City Attorney
- CONTACT LOG -
BOULDER BRIDGE FARM PUMPHOUSE
PROJECT NO. 80 WTP-2
SHOREWOOD, MINNESOTA
ITEM
DATE
3/10/81
1. Pre-Construction Meeting
(Numerical Item 16; Completion date 7/15/81)
2. Shop Drawing Submittal
Hollow Metal Door & Hardware
Sargent Mortise Locks
3. Shop Drawing Acceptance
4. Contract Status Inquiry
5. Tele-Con with Bill McInerny
(He has door locks.)
6. Contract Status Inquiry
7. OSM Letter to Mac-In-Erny, Inc.
(Past completion date - Immediately Secure Bldg.)
8. Tele-Con with Bill McInerny (Door Locks)
9. Tele-Con with Don Zdrazi1 (Door Locks)
10. Verification of Completion Date (Handwritten)
11. OSM Memorandum (Door Locks)
12. Directive to have Pumphouse Operational
13. OSM letter to Mac-In-Erny (Water by 11/6/81)
14. Tele-Con with "Sam" Deeds
(Apparent Change in Job Manager)
15. Startup Notice
16. Preliminary Startup
17. Tele-Con with Art Hart
18. OSM Letter to Mac-In-Erny
(Number 3 discusses door locks)
19. Tele-Con with Torn G1ewwe
-1-
3/10/81
3/31/81
8/7/81
8/31/81
9/28/81
10/2/81
10/7/81
10/8/81
10/12/81
10/12/81
10/23/81
10/26/81
10/27/81
10/28/81
11/4/81
11/6/81
11/25/81
12/8/81
ITEM
DATE
20. Tele-Con with Bill McInerny (Door Hardware)
21. Tele-Con with Larry Lundberg of Armor Lock
(Discussed door hardware)
22. Tele-Con with Larry Lundberg
23. Tele-Con with Gary Hart of Bergerson-Caswell
24. aSM Speed Letter to Bergerson-Caswell
25. aSM Letter to Mac-In-Erny
26. Mac-In-Erny Letter to aSM (Inspection, 2/24/82)
27. aSM Letter to Mac-In-Erny
(Semi-Final Inspection Punch List)
28. aSM Letter to Mac-In-Erny
29. Mac-In-Erny Letter to aSM
(Final Inspection 3/24/82)
30. Letter from State Surety.Co. to aSM
31. Mac-In-Erny Letter to State Surety Co.
32. Notification of Non-payment
33. aSM Letter to Landform, Inc.
34. aSM Letter to Mac-In-Erny
(Project Mechanically Complete)
35. State Surety Letter to Mac-In-Erny
36. Letter from Armor Security, Inc. to Mac-In-Erny
37. Letter from Glewwe Metals, Inc. to aSM
38. aSM Letter to City of Shorewood
(Explains Status of Project)
39. Letter from State Surety Co. to aSM
40. Letter from Mac-In-Erny to 'aSM
(Project mechanically and electrically complete.
Acknowledged work done this date.)
41. Tele-Con with Sammi
(Items needed to final out project)
-2-
12/16/81
12/17/81
12/17/81
1/4/82
1/13/82
2/12/82
2/18/82
3/1/82
3/18/82
3/19/82
3/24/82
3/26/82
3/31/82
3/31/82
3/31/82
4/2/82
4/4/82
4/13/82
4/20/82
4/28/82
4/30/82
5/3/82
, ' J \r"
ITEM
DATE
42. Letter from OSM to Mac-In-Erny
(Items needed to final out project)
43. Letter from State Surety Co. to Mac-In-Erny
(Verification of outstanding invoices)
5/5/82
5/18/82
44. Letter from Mac-In-Erny to OSM
(Outstanding balance plus interest!)
7/1/82
45. Letter from Mac-In-Erny to OSM
(Project turned over to attorney)
46. Tele-Con with Roger Strantz, Mike-Paul Electric
(Set up meeting to distribute funds)
7/9/82
9/29/82
47. Tele-Con with Roger Strantz
(Meeting at Davenport's Office, 9:00 a.m. today
Distribution of Funds)
10/15/82
48. Tele-Con with Neal Meyer
(Status on distribution of funds on
a pro-rata basis)
10/25/82
Copies of all letters, tele-conversations and speed letters will be
available for review at the Council Meeting, if required.
J-P.1~
James P. Norton
November 8, 1982
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