03-27-23 CC Reg Mtg Agenda Packet
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, MARCH 27, 2023 7:00 P.M.
For those wishing to listen live to the meeting, please go to ci.shorewood.mn.us/current_meeting for
the meeting link. Contact the city at 952.960.7900 during regular business hours with questions.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Pledge of Allegiance
B. Roll Call
Mayor Labadie___
Johnson___
Callies___
Maddy___
Sanschagrin___
C. Review and Adopt Agenda
Attachments
2. CONSENT AGENDA The Consent Agenda is a series of actions which are being considered for
adoption this evening under a single motion. These items have been reviewed by city council and city
staff and there shall be no further discussion by the council tonight on the Consent Agenda items.
Any council member or member of city staff may request that an item be removed from the Consent
Agenda for separate consideration or discussion. If there are any brief concerns or questions by
council, we can answer those now.
Motion to approve items on the Consent Agenda & Adopt Resolutions Therein:
A. City Council Work Session Minutes of March 13, 2023 Minutes
B. City Council Regular Meeting Minutes of March 13, 2023 Minutes
C. Approval of the Verified Claims List Claims List
D. Approve Professional Services Contract for Garden Care Public Works Director Memo
with Mangold Horticulture
E. Approve Change Order for Strawberry Lane Reconstruction, City Engineer Memo
City Project 19-05 Resolution 23-031
F. Approve Change Order for Birch Bluff Street and Utility City Engineer Memo
Improvements, City Project 21-01 Resolution 23-032
CITY COUNCIL REGULAR MEETING AGENDA
Page 2
G. Approve Permanent Appointment of Jeremy Moe, City Clerk/HR Director Memo
Light Equipment Operator – Shop Tech
H. Accept Resignation of Community Center Attendant City Clerk/HR Director Memo
and Approve Recruitment for Position
3. MATTERS FROM THE FLOOR This is an opportunity for members of the public to bring an item,
which is not on tonight's agenda, to the attention of the Council. Anyone wishing to address the
Council should raise their hand, or if attending remotely please use the “raise hand” function on your
screen and wait to be called on. Please make your comments from the podium and identify yourself
by your first and last name and your address for the record. Please limit your comments to three
minutes. No discussion or action will be taken by the Council on this matter. If requested by the
Council, City staff will prepare a report for the Council regarding the matter and place it on the next
agenda.
4. REPORTS AND PRESENTATIONS
5. PARKS
A. Report by Commissioner Levy on 3/14/23 Parks Commission Meeting Minutes
B. 2023 Park Commission Work Program Parks/Rec Director Memo
6. PLANNING
A. Report by Commissioner Holker on 3/7/23 Planning Commission Meeting Minutes
B. Variance to Side-yard setback Planning Director Memo
Location: 28170 Woodside Road Resolution 23-033
Applicant: Kyle Hunt & Partners, Inc.
C. Final Plat and Development Agreement for Maple Shores Planning Director Memo
Location: 20430 Radisson Road Resolution 23-034
Applicant: Chamberlain Capital, LLC.
D. 2023 Planning Commission Work Program Planning Technician Memo
7. ENGINEERING/PUBLIC WORKS
8. GENERAL/NEW BUSINESS
CITY COUNCIL REGULAR MEETING AGENDA
Page 3
9. STAFF AND COUNCIL REPORTS
A. Staff
1. Mill Street Trail Update Planning Director Memo
B. Mayor and City Council
10. ADJOURN
2A
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL WORK SESSION MEETING COUNCIL CHAMBERS
MONDAY, MARCH 13, 2023 6:15 P.M.
MINUTES
1. CONVENE CITY COUNCIL WORK SESSION MEETING
Mayor Labadie called the meeting to order at 6:17 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; and City
Administrator Nevinski
Absent: Councilmember Johnson
B. Review Agenda
Maddy moved, Sanschagrin seconded, approving the agenda as presented. Motion passed
4/0.
2. INTERVIEW FOR COMMISSIONERS
City Administrator Nevinski explained that there are two interviews scheduled for open positions
with the Lake Minnetonka Communications Commission (LMCC) and the Lake Minnetonka
Conservation District (LMCD).
6:15 p.m. – Tom Lesser
The Council interviewed Mr. Lesser, via Zoom, and asked him to share information about why he
was interested in continuing on the LMCC.
Mr. Lesser shared information on his background, experience, and reasons he was interested in
continuing to serve on the LMCC. He gave some input on the changing business model for the
LMCC and ways to promote their programming and services a bit better.
6:30 p.m. – Deborah Zorn
The Council interviewed Ms. Zorn for the opening on the LMCD and asked her to share
information on her service in this role and why she would be interested in continuing to serve.
Ms. Zorn shared information on her background, experience and reasons for her continuing
interest in serving on the LMCD. She gave an overview of some of the listening sessions they
have held and explained that the LMCD regulates anything that happens on the water.
3. ADJOURN
Sanschagrin moved, Maddy seconded, Adjourning the City Council Work Session Meeting
of March 13, 2023, at 6:45 P.M. Motion passed 4/0.
CITY OF SHOREWOOD WORK SESSION COUNCIL MEETING MINUTES
MARCH 13, 2023
Page 2 of 2
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
2B
CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD
CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS
MONDAY, MARCH 13, 2023 7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL REGULAR MEETING
Mayor Labadie called the meeting to order at 7:00 P.M.
A. Roll Call
Present. Mayor Labadie; Councilmembers Callies, Maddy, and Sanschagrin; City Attorney
Shepherd; City Administrator Nevinski; City Clerk/HR Director Thone; Finance
Director Rigdon; Planning Director Darling; Park and Recreation Director
Crossfield; Director of Public Works Morreim; and, City Engineer Budde
Absent: Councilmember Johnson
B. Review Agenda
City Administrator Nevinski, noted that two errors were found in item 2.C., Verified Claims List,
but noted that they had been adjusted. He explained that staff had put together a memo outlining
those changes.
Maddy moved, Sanschagrin seconded, approving the agenda, as amended. Motion
passed.
2. CONSENT AGENDA
Mayor Labadie reviewed the items on the Consent Agenda.
Councilmember Sanschagrin asked to remove item 2.D. for further discussion.
Callies moved, Maddy seconded, Approving the Motions Contained on the Consent
Agenda and Adopting the Resolutions Therein.
A. City Council Retreat Minutes of February 27, 2023
B. City Council Regular Meeting Minutes of February 27, 2023
C. Approval of the Verified Claims List
D. Approve Agreement and Proposal from Davey Resource Group, Adopting
RESOLUTION NO. 23-026, - (Moved to item 8.E.)
E. Approve Sweeper Repair Estimate
F. Accept Quote and Award Contract for Lawn Mower
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
Page 2 of 8
G. Accept Quote and Award Contract for Caterpillar Skid Steer, Cold Planer, and
Attachments
H. Approve Request for Reimbursement from Met Council, Adopting
RESOLUTION NO. 23-027, “A Resolution Approving 2020 I/I Grant Program
Funds Reimbursement Participation from Metropolitan Council
Environmental Services.”
I. Approve Permanent Appointment of Ryan Brant, Public Works Light
Equipment Operator
J. Approve Permanent Appointment of Todd Roden, Public Works Light
Equipment Operator
Motion passed.
3. MATTERS FROM THE FLOOR
No one appeared for Matters from the Floor.
4. REPORTS AND PRESENTATIONS
A. Deborah Zorn, Director – Lake Minnetonka Conservation District Report
Deborah Zorn, Lake Minnetonka Conservation District, gave a brief update and overview on the
LMCD. She explained that the purpose of the LMCD was to help ensure that all of the cities
around the lake have similar approaches to how activities that are regulated on the lake happen.
She gave an overview of some of their activities and programs and noted that they are searching
for a new Executive Director. She gave a sneak peak of the spring/summer brochure and noted
that because of the new speed limit, it will be mailed to every household on the lakeshore.
B. Dan Narr, Executive Director – ICA Food Shelf
Dan Narr, ICE Food Shelf, gave an overview on what is happening with the ICA. He explained
that there are a number of families who are struggling to make ends meet in today’s economy.
He noted that Shorewood accounts for six percent of the people they serve. He gave an overview
on ICA and explained that their services go beyond just being a food shelf and also assist with
housing, and jobs. He explained that their usage numbers have been showing a significant
increase and shared some of the budget constraints that have arisen because of what they have
seen with the increased usage.
Councilmember Sanschagrin thanked Mr. Narr for all the great work that the ICA Food Shelf is
doing in the community. He asked what the top three things that area communities could do to
help support this mission.
Mr. Narr stated that he has diligently been working in the affordable housing arena to try to get it
to a level of helping with things like tenant rights. He stated that it is really about making
connections and getting somebody to champion real change which will take some courage. He
explained that it comes down to being a competition between what is right for the market and
what is right for the other side of the equation.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
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C. Jim Flattum, Excelsior Lions’ Club Overview
Jim Flattum, Community Liaison Officer, Excelsior Lions’ Club, gave an overview of the Lions’
Club organization and some of the causes they support. He noted that their club is relatively new
and currently has about thirty-two members. He stated that they wanted to just let the community
know that they exist and noted that they are currently working on their philanthropic goals for the
clubs mission and vision. He noted that their Excelsior Lions’ Golf Classic held last September
helped raised around $17,000 and explained that one-hundred percent of the proceeds were
distributed to support needs within the community. He noted that they are looking to increase the
number of fundraising events they host in 2023 and shared some of the programs in the
community that they support. He invited interested members to come check out their meetings
and encouraged people to contact him if they would like to get involved.
5. PARKS
6. PLANNING
7. ENGINEERING/PUBLIC WORKS
A. Approve Plans and Specifications and Authorize Bidding for Lift Station No.
11, City Project 22-07
City Engineer Budde explained that the City is planning to rehabilitate Lift Station #11 that is
located on Radisson Road and had budgeted for this work within the Capital Improvement Plan
(CIP). He stated that staff is looking for approval of final plans and specifications and authorization
to go out for bids. He explained that the City’s current practice is to get certain equipment from a
trusted vendor separate from the contract.
Councilmember Sanschagrin asked if there was a sense from staff about how this would do in
the budget compared to actual costs.
City Engineer Budde stated that staff thinks that they are in the ballpark with this project.
Councilmember Callies asked about the timing of construction and noted that there is a large
townhome project that will be going into the same area.
City Engineer Budde stated that they have looked at what will need to be done in the roadway
and explained that both projects will need to cut up a portion of the roadway to make
improvements. He stated that they have looked at the possibility of them happening in the same
spot, but they cannot. He stated that they have been coordinating and communicating with the
other project, but noted that would be easier once they know the
schedules in order to minimize the road impacts or closures.
Councilmember Callies asked what would happen at the lift station with the material while it is
under construction.
City Engineer Budde explained that the lift station would essentially stay functioning most likely
with bypass pumping.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
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Councilmember Sanschagrin asked about warranty coverage.
City Engineer Budde stated that typically there is a two year warranty.
Callies moved, Maddy seconded, Adopting RESOLUTION NO. 23-028, “A Resolution
Approving Plans and Specifications and Authorize Bidding for the Lift Station #11
Rehabilitation Project, City Project 22-07.” Motion passed.
8. GENERAL/NEW BUSINESS
A. Appointment of Commissioner to Lake Minnetonka Communications
Commission (LMCC)
B. Appointment of Commissioner to Lake Minnetonka Conservation District
(LMCD)
City Clerk/HR Director Thone explained the City Council had interviewed interested candidates
earlier this evening. She noted that the term for the LMCC is one year and for the LMCD is a
three year term.
Maddy moved, Labadie seconded, Adopting RESOLUTION NO. 23-029, “A Resolution
Making an Appointment of Tom Lesser to the Lake Minnetonka Communications
Commission.” Motion passed.
Maddy moved, Labadie seconded, Adopting RESOLUTION NO. 23-030, “A Resolution
Making an Appointment of Deborah Zorn to the Lake Minnetonka Conservation District.”
Motion passed.
C. Hybrid/Virtual Meetings
Mayor Labadie noted that she and City Administrator Nevinski had attended a conference put on
by the League of Minnesota Cities called City Day on the Hill. She stated that there is current a
bill related to hybrid meetings (HF-198 and SF-455) and gave an overview of the language that
is proposed to be removed. She stated that because there is a bill currently in front of the Senate
and the House of Representatives, she would recommend that the City hold off on changing its
current policy until after the bill has either passed or failed at the State legislature level. She
stated that for the time being that would mean continuing to hold meetings in the hybrid/Zoom
format.
Councilmember Callies noted that she had not yet read the proposed bills but believes that while
holding hybrid meetings may be permitted, she did not think it was mandated that every City have
hybrid availability.
City Attorney Shepherd stated that he would agree, as long as it did not say “shall” or “must”.
Councilmember Callies stated that would mean that every City could handle things differently.
Councilmember Sanschagrin explained that he was a strong proponent of having the hybrid
meeting capabilities but would support the Council not taking any action on this tonight.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
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The Council discussed hybrid meetings, other communities practices, staff expectations and
burdens, and technology issues with hybrid meetings.
City Administrator Nevinski stated that before this comes back before the Council staff will do
some research on what similar sized cities are doing and also take a look at steps of what could
be done to try to better insure reliability, including language or statements that may be helpful in
case the system goes down to clarify the City’s expectations for providing a virtual option. He
stated that staff can bring that to the Council following the legislative session once there is a bit
more clarity from the lawmakers.
Mayor Labadie noted that she thinks it is important to see if there will be any budgetary impacts
or cost for an update.
There was a consensus of the Council to indefinitely continue discussion on hybrid/virtual
meetings and direct staff to place it on a future agenda, following rulings on the proposed
bills.
D. Approve Travel Reimbursement Request
Mayor Labadie explained that she had recently traveled to Washington D.C. at the invitation of
Congressman Dean Phillips and explained that the current policy requires Council approval of
this type of expense. She stated that she had decided to rescind her request for reimbursement
of airfare and hotel expense and will instead pay it out of pocket as a personal expense. She
stated that she would like those funds to remain in the City’s 2023 Travel, Conference and School
budget in order to give the entire Council the opportunity to further their education.
E. Approve Agreement and Proposal from Davey Resource Group (formerly
item 2.D.)
Public Works Director Morreim explained that the Davey Resource Group serves as the City’s
forester and handles a number of services related to the City’s tree canopy. He stated that the
City solicited for these services in years past and this agreement is a renewal of the agreement
with Davey Resource Group. He stated that the terms of the agreement have been updated and
staff recommended approval.
Councilmember Maddy asked how it worked if a homeowner would reach out for a tree consult
and how payment was handled.
Public Works Director Morreim stated that to the best of his knowledge, the consultations are
informational and do not involve quotes on taking down trees. He stated that he believes that
they will provide a list of contractors that the homeowner can contact to go price out their options
for removal.
Planning Director Darling stated that Davey Resource Group explained that because they are
providing the evaluation services, they do not give quotes for tree removal themselves, but instead
direct them to other certified arborists in order to avoid any conflict of interest.
Councilmember Callies asked if Davey Resource Group gets involved when there is a
development.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
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Planning Director Darling explained that work is done by Planning and Building staff but noted
that the developer needs to provide the correct information from an arborist. She stated that
Planning and Building staff looks over the tree preservation plans for consistency with City Code.
Councilmember Sanschagrin asked if there had been any interaction between the Parks
Commission and Davey Resources Group.
Planning Director Darling stated that she did not think there has been much contact and explained
that most of the work that Davey has done has been under the maintenance umbrella where they
are doing things like removing dead trees.
Councilmember Sanschagrin suggested that an agenda item be added to the upcoming Park
Commission meeting to ensure that they are aware of the relationship between the City and Davey
Resource Group.
Planning Director Darling stated that she did not think there was a lot of input that the Park
Commission can have on their work. She noted that the City gives Davey Resources Group a list
of trees that need to be removed and they put them in priority order based on the condition of the
tree. She clarified that it is more of a maintenance issue and not really policy related with that
particular service.
City Administrator Nevinski stated that when the Park Commission gets into some of the details
with things like the IPM plan, Davey could certainly be a resource for them in answering questions
and providing some guidance around policy because that is their role as the City’s arborist.
Councilmember Sanschagrin asked if the proposed agreement was written by Davey Resource
Group and then aligned with the City’s language. He asked about item #2, Services, and the
statement, ‘City shall not be responsible for discovering deficiencies in the accuracy of
Consultant’s services.’ He asked if this statement was somehow protecting the City and explained
that his concern was that it sort of communicates that the City is abdicating responsibility for
overseeing the consultant services and he feels that should be kept with the City.
City Attorney Shepherd stated that he understands the concern raised by Councilmember
Sanschagrin, but he believed this statement was clarifying that Davey was not abdicating their
responsibility to be responsible for meeting the requirements of the contract. He stated that he
felt this language should remain in the agreement.
Councilmember Sanschagrin noted that item 3.2 and did not align with 3.1 in terms of the number
of days and suggested that they be aligned with each other so there are not late fees.
City Attorney Shepherd stated that was a good catch and an edit can be made so those items
align with each other.
Maddy moved, Sanschagrin seconded, to Approve Agreement and Proposal from Davey
Resource Group, Adopting RESOLUTION NO. 23-026, “A Resolution to Accept Proposal
from Davey Resource Group for Professional Arborist Services”, with the language
amendment to 3.2, to thirty-five days, instead of thirty days, as discussed.
9. STAFF AND COUNCIL REPORTS
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
Page 7 of 8
A. Staff
Public Works Director Morreim stated that last week, four members of the Public Works
department attended the Minnesota Rural Water Conference in St. Cloud.
City Engineer Budde stated that tree trimming and removal should continue on Strawberry Lane
over the next few weeks.
Finance Director Rigdon stated that the City will be receiving the annual financial statement audit
this week.
Parks and Recreation Director Crossfield explained that Lucky the Leprechaun went through the
City parks and dropped a few pots of gold throughout the parks. She stated that if people are in
the parks and see a green pot of gold hanging in a tree or somewhere above eye level, they can
contact City Hall or the Parks and Recreation Department and submit a photo. She explained
that they will then be able to come in for their own little pot of gold to take home and eat. She
stated that this will take place through March 20, 2023.
City Attorney Shepherd reminded the Council that he will not be able to attend the next City
Council meeting and his associate, Jack Brooksbank, would be here instead.
B. Mayor and City Council
Councilmember Sanschagrin asked if the City can take a look at the Matters from the Floor
segment of the meeting and see if there may be another format that could be used. He stated
that he would like to see if there is a way for there to be more interaction between the Council and
those who come to speak. He stated that he would like to find a way to find this to be a more
positive experience for everyone. He suggested that they even consider changing the name to
something like Open Forum.
Mayor Labadie stated that she felt that Open Forum and Matters from the Floor were two different
‘beasts’. She stated that unless something has been noticed to the public, she did not think it was
appropriate for the Council to have a dialogue on those items. She stated was why, when
appropriate, the Council directs staff to put those items on a future agenda, so it can be properly
noticed. She stated that she believes this section of the meeting has been called Matters from
the Floor for decades. She noted that she has asked other mayors how they handled this portion
of their meeting and got feedback from about forty-five mayors and found that Shorewood is much
less restrictive then many other cities. She stated that she thinks Matters from the Floor gives
the opportunity for residents to bring to the Council’s attention something that they did not know
about and reiterated that it would not be proper to start up a dialogue when other residents are
not noticed.
Councilmember Callies stated that the City Council meeting is essentially a business meeting and
not a community meeting.
Councilmember Sanschagrin stated that he was just wondering if the City could look at what other
practices may be and consider those moving forward. He gave examples from Excelsior and
Chanhassen who have different formats. He stated that he was looking for something that may
be more connecting for the residents than the current format. He stated that he would like the
City to take a look at what is out there and take them into consideration.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
March 13, 2023
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Councilmember Callies stated that there are public hearings and community meetings on many
different issues. She stated that she does not think there needs to be something on the agenda
that results in having a back and forth discussion with the citizens. She stated that the Council
would not know what would be brought up so it would be truly be productive or fair.
Councilmember Sanschagrin asked if someone brings up a topic in Matters from the Floor if the
Council can ask clarifying questions.
Mayor Labadie explained that the way the currently policy is, the answer would be, no. She
reiterated that they can direct staff to research the issue or place it on a future agenda.
Mayor Labadie stated that she attended the seminar in Washington D.C. and noted that there
were about forty-five delegates from Minnesota in attendance. She gave an overview of other
attendees and the speakers/topics. She stated that she also attended the Regional Council of
Mayors meeting earlier today where they discussed water. She noted that she and City
Administrator Nevinski attended City Day on Capital Hill. She stated that she will hosting a Coffee
with the Mayor event on March 17, 2023 at the Pillars of Shorewood Landings. She noted that
they are considering opening these up again to the general public and encouraged anyone who
may be interested in attending to reach out to Shorewood Landings to reserve a spot.
10. ADJOURN
Maddy moved, Sanschagrin seconded, Adjourning the City Council Regular Meeting of
March 13, 2023, at 8:30 P.M. Motion passed.
ATTEST:
Jennifer Labadie, Mayor
Sandie Thone, City Clerk
City Council Meeting Item
2D
Title/Subject: Mangold Group, LLC Contract Renewal
MEETING TYPE
Meeting Date: March 27, 2023
Regular
Meeting
Prepared by: Matt Morreim, Public Works Director
Reviewed by: Marc Nevinski, City Administrator
Attachments: Professional Service Agreement
Mangold Group Quotes-City Hall and Shorewood Community Center
Background in Recommendation:
The City utilizes Mangold Group, LLC to provide landscaping services for the City of Shorewood
at City Hall and the Shorewood Community Center. These services include:
Landscape bed maintenance
Shrub and tree pruning
General cleanup
Mulch topdressing
Financial or Budget Considerations:
The city budget accounts and programs landscaping services as part of the building
maintenance operating budget (Fund 19-Municipal Buildings)
Action Requested:
Motion to approve the proposal from Mangold Group, LLC for services in 2023.
Connection to Vision/Mission: Consistency in providing residents quality public services, a
healthy environment, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
PROFESSIONAL SERVICES AGREEMENT FOR
LANDSCAPING SERVICES
THIS AGREEMENT is made this March 13, 2023 (“Effective Date”) by and between Mangold Group,
LLC, a Minnesota limited liability company, d/b/a Mangold Horticulture, with its principal office located in
Excelsior, MN 55331 (“Contractor”), and the City of Shorewood, Minnesota, a Minnesota municipal
corporation located at 5755 Country Club Road, Shorewood, MN 55331 (the “City”):
RECITALS
A. Contractor is engaged in the business of landscape installation and management services.
B. The City desires to hire Contractor to provide landscape management services.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested services.
D. The City desires to engage Contractor to provide the services described in this Agreement and
Contractor is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Contractor agree as follows:
AGREEMENT
1. Services. Contractor agrees to provide the City with the services as described in the attached
Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services
shall be provided in a manner consistent with the level of care and skill ordinarily exercised by
professionals currently providing similar services.
2. Time for Completion. The Services shall be completed on or before March 31, 2024, provided that
the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain
in force and effect commencing from the effective date and continuing until the completion of the project,
unless terminated by the City or amended pursuant to the Agreement.
3. Consideration. The City shall pay Contractor for the Services according to the terms on the
attached hereto as Exhibit A. The consideration shall be for both the Services performed by Contractor
and any expenses incurred by Contractor in performing the Services. Contractor shall submit statements
to the City upon completion of the Services. The City shall pay Contractor within thirty-five (35) days after
Contractor’s statements are submitted.
4. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may
be terminated as follows:
A. The parties, by mutual written agreement, may terminate this Agreement at any time;
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B. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City
upon providing thirty (30) days’ written notice to the City;
C. The City may terminate this Agreement at any time at its option, for any reason or no reason at
all; or
D. The City may terminate this Agreement immediately upon Contractor’s failure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractor for Services performed to the date of
termination and for all costs or other expenses incurred prior to the date of termination.
7. Amendments. No amendments may be made to this Agreement except in a writing signed by
both parties.
8. Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Services either by itself or by contract with other persons or
entities, or any combination thereof. These remedies provided to the City for breach of this Agreement
by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records, documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after
final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
10. Insurance Requirements. The Contractor, at its expense, shall procure and maintain in force for
the duration of this Agreement the following minimum insurance coverages:
A. General Liability. The Contractor agrees to maintain commercial general liability insurance in
a minimum amount of $1,000,000 per occurrence; $2,000,000 annual aggregate. The policy
shall cover liability arising from premises, operations, products completed operations,
personal injury, advertising injury, and contractually assumed liability. The City shall be
endorsed as additional insured.
B. Automobile Liability. If the Contractor operates a motor vehicle in performing the Services
under this Agreement, the Contractor shall maintain commercial automobile liability
insurance, including owned, hired, and non-owned automobiles, with a minimum liability limit
of $1,000,000 combined single limit.
C. Workers’ Compensation. The Contractor agrees to provide workers’ compensation insurance
for all its employees in accordance with the statutory requirements of the State of Minnesota.
The Contractor shall also carry employers liability coverage with minimum limits are as
follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
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$500,000 – Bodily Injury by Accident
The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of
Insurance as evidence that the above coverages are in full force and effect.
The insurance requirements may be met through any combination of primary and
umbrella/excess insurance.
The Contractor’s policies shall be the primary insurance to any other valid and collectible
insurance available to the City with respect to any claim arising out of Contractor’s
performance under this Agreement.
The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage
afforded under the policies shall not be cancelled without at least thirty (30) days advanced
written notice to the City.
11. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the services which
Contractor is to perform and is customarily engaged in the independent performance of the same or
similar services for others. Contractor shall provide or contract for all required equipment and personnel.
Contractor shall control the manner in which the services are performed; however, the nature of the
Services and the results to be achieved shall be specified by the City. The parties agree that this is not a
joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and
has no authority to make any binding commitments or obligations on behalf of the City except to the
extent expressly provided in this Agreement. All services provided by Contractor pursuant to this
Agreement shall be provided by Contractor as an independent contractor and not as an employee of the
City for any purpose, including but not limited to: income tax withholding, workers' compensation,
unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits.
12. Indemnification. To the fullest extent permitted by law, the Contractor agrees to defend,
indemnify, and hold harmless the City and its employees, officials, and agents from and against all
claims, actions, damages, losses, and expenses, including reasonable attorney fees, arising out of the
Contractor’s negligence or the Contractor’s performance or failure to perform its obligations under this
Agreement. The Contractor’s indemnification obligation shall apply to the Contractor’s subcontractor(s),
or anyone directly or indirectly employed or hired by the Contractor, or anyone for whose acts the
Contractor may be liable. The Contractor agrees this indemnity obligation shall survive the completion
or termination of this Agreement.
13. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the date Contractor agrees
to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual
harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy,
as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct
of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor
agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach
of the Agreement and sufficient grounds for immediate termination of the Agreement by the City.
3
225407v1
14. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties
shall constitute the entire agreement between the City and Contractor, and supersedes any other written
or oral agreements between the City and Contractor. This Agreement may only be modified in a writing
signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the
referenced or attached items, the terms of this Agreement shall prevail.
15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
16. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
17. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Services.
18. Agreement Not Exclusive. The City retains the right to hire other professional landscape
maintenance service providers for this or other matters, in the City’s sole discretion.
19. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
20. No Discrimination. Contractor agrees not to discriminate in providing products and services under
this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with the Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide
accommodation to allow individuals with disabilities to participate in all Services under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
21. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is
the City Administrator of the City, or designee. Contractor’s authorized agent for purposes of
4
225407v1
administration of this contract is __________________, or designee who shall perform or supervise the
performance of all Services.
22. Notices. Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
Contractor The City
Mangold Horticulture City Administrator
P.O. Box 250 5755 Country Club Road
Excelsior, MN 555331 Shorewood, MN 55331
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
27. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
28. Severability. In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
29. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
30. Counterparts and Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
31. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
\[Remainder of page left blank intentionally. Signature page follows.\]
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225407v1
IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
Mangold Group, LLC City of Shorewood:
By: _________________________________ By: _________________________________
Name: ______________________________ Jennifer Labadie, Mayor
Title: _______________________________
By: _________________________________
Sandie Thone, City Clerk
6
225407v1
EXHIBIT A
SCOPE OF SERVICES & FEE SCHEDULE
225407v1
City of Shorewood Council Meeting Item
2E
Title/Subject: Approve Change Order for Strawberry Lane Street
MEETING
Improvements Project; City Project 19-05
TYPE
Regular
Meeting Date: Monday, March 27, 2023
Meeting
Prepared by: Andrew Budde, City Engineer
Attachments: Change Order #1, Resolution
Background: Staff has discussed and concluded that revising watermain pipe
materials for the project will provide high quality materials at a lower cost to the project
and ongoing maintenance. The proposed change in materials is to replace the
proposed ductile iron pipe (DIP) with polyvinyl chloride (PVC) pipe, and to replace the
proposed copper water services with CTS polyethylene services. These materials are
regularly used on many city, state, and federal projects with good results for many
years. PVC watermain pipe is the preferred material to be installed on future projects by
city staff to reduce short- and long-term costs.
Financial Considerations: Costs for this work would reduce the bid contract costs by a
total of $37,989.00.
Recommendation/Action Requested: Staff recommends approving the Change Order
1 in the amount of - $37,989.00 to Kuechle Underground, Inc. for the Strawberry Lane
Street Improvements Project, City Project 19-05.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-031
A RESOLUTION TO APPROVE CHANGE ORDER NO. 1
FOR STRAWBERRY LANE; CITY PROJECT 19-05
WHEREAS, the City will be reconstructing Strawberry Lane, Peach Circle, and
nd
Strawberry Court from W 62 Street to the Smithtown Lane in 2023; and
WHEREAS, the city standard for watermain had previously been ductile iron pipe and
copper water services when the projects were bid in the fall of 2022; and
WHEREAS, staff has had discussions with public works, engineering, finance, and
contractors and have determined that PVC watermain and plastic water services are
equivalent to the previous standard of DIP and copper and that utilizing plastic
watermain and services can save the city money; and
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby approve the resolution to approve Change Order No 1 which will save the city
$37,989.00 on the Strawberry Lane project.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27 day of March,
2023.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City of Shorewood Council Meeting Item
2F
Title/Subject: Approve Change Order for Birch Bluff Road
MEETING TYPE
Project; City Project 21-01
Regular
Meeting
Meeting Date: Monday, March 27, 2023
Prepared by: Andrew Budde, City Engineer
Attachments: Change Order #1, Resolution
Background: Staff has discussed and concluded that revising watermain pipe
materials for the project will continue to provide high quality materials at a lower cost to
the project and ongoing maintenance. The proposed change in materials is to replace
the proposed ductile iron pipe (DIP) with polyvinyl chloride (PVC) pipe. PVC pipe
materials are regularly used on many city, state, and federal projects with good results
for many years. PVC watermain pipe is the preferred material to be installed on future
projects by city staff to reduce short- and long-term costs.
Financial or Budget Considerations: Costs for this work would reduce the bid contract
costs by a total of $12,950.00.
Recommendation/Action Requested: Staff recommends approving the Change Order
#1 in the amount of - $12,950.00 to New Look Contracting, Inc. for the Birch Bluff Street
Improvements Project, City Project 21-01.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-032
A RESOLUTION TO APPROVE CHANGE ORDER NO. 1
FOR BIRCH BLUFF ROAD; CITY PROJECT 21-01
WHEREAS, the City will be reconstructing Birch Bluff Road and Grant Lorenz Road
from Edgewood Road to the Tonka Bay City limits in 2023; and
WHEREAS, the city standard for watermain had previously been ductile iron pipe and
copper water services when the projects were bid in the fall of 2022; and
WHEREAS, staff has had discussions with public works, engineering, finance, and
contractors and have determined that PVC watermain and plastic water services are
equivalent to the previous standard of DIP and copper and that utilizing plastic
watermain and services can save the city money; and
NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood
hereby approve the resolution to approve Change Order No 1 which will save the city
$12,950.00 on the Birch Bluff Road project.
th
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27 day of March,
2023.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City Council Meeting Item
Item
Title/Subject: Approve Permanent Appointment of LEO/Shop Tech Jeremy Moe
2G
Meeting Date: March 27, 2023
Prepared by: Sandie Thone, City Clerk/Human Resources Director
Reviewed by: Matt Morreim, Public Works Director
Attachments: None
Policy Consideration: Pursuant to Shorewood Personnel Policy Section 3.08 All new, rehired,
promoted or reassigned employees shall complete a six (6) month probationary period upon
assuming their new positions. This period shall be used to observe the employee’s work habits
and ability to perform the work they are required to do.
Background: On August 22, 2022, Jeremy Moe began his employment with the City of
Shorewood as a Light Equipment Operator/Shop Tech with the Public Works department.
Jeremy has proved to be a valuable member of the team and has already made positive
contributions in his first six months of employment. Jeremy is professional and gets along well
with team members. He exudes the City’s core values of Respect, Integrity, Communication,
Positive Attitude, Team Work, and Responsiveness in all he does. Jeremy has been fully
successful in his work responsibilities and has met or exceeded many of the City’s expectations
in his first six months of employment . He is being recommended for permanent appointment
in the capacity of Light Equipment Operator/Shop Tech for the City of Shorewood.
Financial Considerations: As delineated below.
Action Requested: Staff respectfully recommends the city council approve Jeremy Moe’s
permanent appointment and non-exempt hourly rate be advanced from the AFSCME “After 2
Years” rate of $32.40 to the “After 3 Years” rate of $33.40 per hour effective at the completion
of his 6-month anniversary which became effective February 22, 2023 and upon approval of his
permanent appointment based on his excellent performance to date and his demonstration of
the City’s desired core values and attributes.
Motion, second and simple majority vote required.
Connection to Vision/Mission: Consistency in providing residents quality public services, a
sustainable tax base, and sound financial management through effective, efficient, and
visionary leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
City Council Meeting Item
Item
Title/Subject: Accept Resignation of Community Center Attendant
2H
and Approve Recruitment for Position
Meeting Date: March 27, 2023
Prepared by: Sandie Thone, City Clerk/Human Resources Director
Reviewed by: Janelle Crossfield, Park/Recreation Director
Marc Nevinski, City Administrator
Attachments: None
Background: Staff received the resignation of Part-Time Community Center attendant Sandi
Larson which will be come effective March 28, 2023. Ms. Larson has worked in the capacity of
Community Center Attendant since April 26, 2015. She currently works approximately 12-15
hours per week and her rate of pay is $14.33 per hour. The Community Center historically has
employed approximately 3-4 community center attendants who perform varius duties including
receptionist duties, opening and closing the center, and administrative responsibilities. The
hours for the position vary depending on the center’s scheduled activities, and do include
evenings and weekends. With Ms. Larson’s departure, the center currently has two part-time
attendants and one recreation specialist. Staff seeks approval to recruit for and to replace Ms.
Larson’s part-time position of 12-15 hours per week. The position is classified on the city’s
compensation schedule as Grade 1 with a pay range of $13.23 to $19.84 per hour.
Financial Considerations: No change expected.
Action Requested: Staff respectfully recommends the city council accept Sandi Larson’s
resignation and approve recruitment for replacement of her position as part-time Community
Center Attendant for the Shorewood Community and Event Center.
Motion, second and simple majority vote required.
Connection to Vision/Mission: Consistency in providing residents quality public services, a
variet of attractive amenities, a sustainable tax base, and sound financial management through
effective, efficient, and visionary leadership.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
5A
CITY OF SHOREWOOD 5755 COUNTRY CLUB RD
PARK COMMISSION MEETING SHOREWOOD CITY HALL
TUESDAY, MARCH 14, 2022 7:00 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
Chair Hirner convened the meeting at 7:01 p.m.
A. Roll Call
Present: Chair Hirner, Commissioners Levy, Garske, Wenner, Czerwonka
City Council Liaison Sanschagrin; Parks and Recreation Director
Crossfield; Planning Director Darling; and City Engineer Budde
Absent: None
B. Review Agenda
Chair Hirner noted that he would like to add election of Chair and Vice-Chair to the agenda as item
5.C.
Levy moved to approve the agenda, as amended. Garske seconded the motion. Motion
carried 5-0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of February 14, 2023
Garske moved to approve the minutes of the February 14, 2023 meeting, as written. Levy
seconded the motion. Motion carried 5-0.
3. MATTERS FROM THE FLOOR
There were none.
4. NEW BUSINESS
A. Mill Street Trail Project
Planning Director Darling gave background information on the Mill Street trail project and noted
that the City had been working with the County since about 2018. She stated that plans became
a bit stalled due to COVID-19, but have begun moving forward once again. She stated that there
are plans for right-of-way acquisition to move forward beginning in 2024 and construction in 2025.
She stated that the City completed a feasibility report which was essentially the first look at where
to put the trail in and its impact. She introduced Luke Sandstrom who is the project manager who
has been assigned to this project from Hennepin County.
Luke Sandstrom stated that the conversation about this project has been happening for over ten
years, so he is happy that it has finally moved its way into the County’s CIP and budget. He gave
a brief presentation about the location of the Mill Street Trail Project that will go from downtown
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 2 OF 8
Excelsior through Shorewood to, and possible a bit past the County line. He explained that the
intention is to connect to the regional trail that comes up through Chanhassen along the east side
of Mill Street. He reviewed some of the design details and features and noted that there will need
to be accommodations made for things like utilities, mailboxes, garbage cans, and snow removal.
He stated that their plans call to shift the centerline of the roadway to the west a bit in order to
provide more space on the east side for the trail and reviewed two of the design possibilities. He
stated that beginning in April, they will begin public engagement and will host a series of open
houses and pop-up events in addition to an on-line open house that will be live for the entire
month. He stated that the final layout and design will be compiled based on all the feedback they
receive. He reviewed the proposed schedule and timeline for construction and explained that
they are looking to build this project in the summer of 2025. He highlighted some things that were
included in the City’s feasibility report that impacted 17 trees and explained that in their two
alternates, they are looking at impacting up to 10 trees with Option 1 (no shoulders), or up to 20-
24 trees with Option 2 (with shoulders) but noted that the County forestry department will be
completing a tree inventory of the corridor. He encouraged people to contact him if they had any
comments or questions about the project.
Chair Hirner stated that he has driven down this roadway quite a bit and on the Chanhassen side
the shoulders are a bit wider. He asked about the numbers of people using the shoulders versus
the pathway that is alongside the roadway.
Mr. Sandstrom explained that they have some pedestrian/bike counts that both counties have
done, but they were done in the midst of the pandemic. He explained that they plan to do some
more counts this spring that they hope will be helpful. He stated that they will also do counts
once the trail is open to see the most common crossing points to determine if they need to be
upgraded or enhanced.
Commissioner Levy stated that she drives through this area frequently. She stated that there is
a speed change that goes from 45 mph to 30 mph which is sometimes hard to remember. She
asked if there was a plan to make this more consistent through the area.
Mr. Sandstrom stated that the City of Shorewood already restricts parking on their shoulders and
Excelsior does not. He stated that they would be looking to perhaps remove parking in Excelsior
and noted that he believes at that point the County would be supportive of lowering the speed
limit to make it consistent, but it would have to be done in agreement with the cities.
Commissioner Levy stated that the bridge has no leeway and asked if the plans were for it to
remain the same.
Mr. Sandstrom explained that they are limited by the current bridge of Highway 7 but have made
a note about widening it when there may be re-decking in the future.
Commissioner Levy stated that there is a section where people have put in stone retaining walls
and asked how those would be navigated.
rd
Mr. Sandstrom stated that there are two block walls in Excelsior just south of 3 and explained
that the current plan was to look at narrowing down the roadway to just the travel lanes, because
in this area, they are essentially stuck between the two walls.
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 3 OF 8
Commissioner Garske asked if this was the only location where the bike lanes would have to be
restricted in this manner.
Mr. Sandstrom stated that because of site constraints, the only locations it would be restricted in
this manner would be this area as well as the bridge.
Commissioner Garske asked if the two options were essentially the same cost for construction.
Mr. Sandstrom stated that they have a cost participation policy with the partner cities. He
explained that from the cities point of view, the option with the non-bikeable shoulders would be
a bit cheaper. He explained that if there is a narrower road section, less right-of-way acquisition
is needed.
Commissioner Wenner asked about the west side and if there would be any right-of-way or
infringement on properties.
Mr. Sandstrom stated that it would all be on the east side.
City Engineer Budde stated that the City is trying to add watermain in and along this corridor in
conjunction with this project. He stated that the idea is to get in while the County is doing their
work so the area is only disturbed once. He stated that in order to do this, the City may need
some permanent easements and may potentially have watermain on the west side.
Chair Hirner asked if there was a desire on this project to continue bikeable shoulders as far as
they can.
Mr. Sandstrom stated that was why they are trying to get input from the cities and the public to
see what their preference is.
Commissioner Wenner asked if the 11 foot travel lane was a minimum width.
Mr. Sandstrom explained that for the speed and for the type of road, because it is one-way, both
ways, they would not go below 11 feet.
Chair Hirner asked City Engineer Budde about the additional traffic near the Catholic church and
if the City had any thoughts on what the impact of a trail may be, with or without bike lanes.
City Engineer Budde stated that there have been a few meetings and they have given some initial
feedback but does not think they have been able to dive into some of the very specific details at
this point. He stated that his perspective is that when you think about the larger context, a lot of
Chanhassen roadways are generally pretty healthy, with wide shoulders, so he would envision a
fair amount of people wanting to use bikeable shoulders. He stated that if they get to the City and
neck it down with no bike lanes, it will be a very abrupt change and feel. He stated that he
understands that everybody, in theory, wants less pavement, however it will be important to think
about how it will be used and the potential consequences of really narrowing it up to 11 foot lanes.
Commissioner Wenner asked how much contact there had been with the residents who will be
impacted.
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 4 OF 8
City Engineer Budde stated that when the feasibility study was done, there was some public
engagement but thinks that Mr. Sandstrom and his team are really trying to push a lot more of
that contact with things like the open houses and other public engagement.
Mr. Sandstrom referenced the feasibility lead by the City and noted that it was just exclusively
within the City limits and the 2020 study that the City of Excelsior led was in conjunction with
Hennepin County which showed the entire section.
Commissioner Levy asked what would be planted within the 6 foot boulevard space.
Ms. Sandstrom stated that at this point they are just planning for grass but there has been some
discussion about putting in trees. He stated that they are open to options other than grass but it
would have to be confirmed with the power authorities to see what would be allowed.
Commissioner Garske asked if this trail would eventually connect to the arboretum or if there were
plans to connect it to other parts of the trail system.
Mr. Sandstrom stated that with the north end of the project it could be taken all the way to the five
corner area, but if you go a block short and take a left, you can get to the Minnetonka Regional
Trail as well.
Planning Director Darling stated that she knows that it also goes all the way down to Highway 5.
Chair Hirner thanked Mr. Sandstrom for attending and noted that today’s presentation has been
very informative.
There was a consensus of the Commission that their initial preference for bike lanes to be
incorporated into the project.
B. Movie in the Park
Parks and Recreation Director Crossfield stated that because last year’s event was a rain out,
this would be a reschedule of the same movie. She stated that the movie will be Jungle Book
and noted that they are working to schedule a date.
5. OLD BUSINESS
A. Freeman Concessionaire
Parks and Recreation Director Crossfield reviewed the options for concessions at Freeman Park.
She explained that the first option would be for the Athletic Association to operate an initial pilot
phase between April and June, Monday through Thursdays, 5:00 p.m. to 8:30 p.m. She stated
that they would plan to hire their own site coordinator to be the point person between the City and
the concession stand. She explained that they were proposing a $500 building usage fee and
noted that they would also need to enter into an agreement with the City that would need to be
approved by the City Council. She noted that there may be the need for updated refrigerators
and freezers. The reviewed the other possible options and noted that staff was recommending
that the City enter into an agreement with the Athletic Association.
Chair Hirner asked which Athletic Association this would be with.
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 5 OF 8
Parks and Recreation Director Crossfield explained that it would be Tonka United.
Chair Hirner asked if the City would also give them rights to offer concessions for weekends when
there are tournaments since they only mentioned operating Monday through Thursday evenings.
Parks and Recreation Director Crossfield explained that they had only expressed interest in
running it from Monday through Thursday and noted that they may have different plans for
tournaments.
Commissioner Levy asked what types of events there would be where there would be no
concessions available.
Parks and Recreation Director Crossfield stated that there would not be concessions for baseball
because they run their own concessions out of the south part of the park. She stated that Tonka
United believes that their biggest demand for concessions will be on the weekdays.
Chair Hirner asked about the $500 building usage fee and how it compared to what was charged
for the previous user.
Planning Director Darling stated that she believes it is a slightly more than what was charged in
the past.
Parks and Recreation Director Crossfield noted that the $500 fee was proposed by the Athletic
Association. She reminded the Commission that this is a proposed pilot program so the Athletic
Association would evaluate whether or not they wanted to continue running it for the remainder
of the summer at the end of the initial period.
Chair Hirner suggested that the City look into the possibility of coming to an agreement with Pepsi
or Coke in order to help pay for some of the necessary equipment, but offer their products for
sale.
Commissioner Levy asked if there were general rules for the use of the facility, such as not playing
loud music.
Planning Director Darling stated that they could make sure they have a copy of Chapter 902 that
contains the rules for the park.
Garske moved to recommend approval of the City entering into an agreement with the
Athletic Association (Tonka United) with payment of a $500 building use fee, to offer
concessions through a pilot program Monday through Thursday from 5:00 p.m. to 8:30
p.m. from April through June. Wenner seconded the motion. Motion carried 5-0.
B. IPM Plan Phase 2
Parks and Recreation Director Crossfield stated that because there was a lack of quorum on the
Parks Commission, Phase II of the IPM went straight to the City Council for discussion but had
wanted to formally share the information with the Commission. She noted that the Council
discussed this at their recent retreat and she anticipates that they will be giving further direction
to the Parks Commission at some point in the future.
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 6 OF 8
Planning Director Darling suggested that the Park Commission become familiar with the plan and
what the consultant has suggested. She noted that the City’s budget does not allow for everything
to be implemented all at once so the City Council may ask them to weigh in on possible
alternatives.
Chair Hirner asked if Silverwood would now be added into the IPM since the construction had
been completed.
Planning Director Darling stated that she believes that they lumped some of the smaller parks
together so she did not know if they would re-evaluate Silverwood at this point.
Parks and Recreation Director Crossfield noted that she was disappointed that they had not done
soil studies like they did at other parks, at Silverwood, because it would have been nice to get
their input. She noted that in her opinion, Silverwood is not like the parks that it has been grouped
with. She stated that it would be nice if the consultants would go out and do a soil study and take
a look at the grass since it wasn’t done simply because the park was under construction.
Planning Director Darling stated that she will talk to the consultants and see what that may involve.
Chair Hirner suggested that the Parks Commission make sure that they have also ready the
Phase 1 information as well.
C. Election of Chair and Vice-Chair for 2023
Garske moved to appoint Mike Hirner to serve as Chair. Levy seconded the motion. Motion
carried 5-0.
Levy moved to appoint Commissioner Wenner to serve as Vice-Chair. Garske seconded
the motion. Motion carried 5-0.
D. 2023 Work Program and Schedule
Chair Hirner reviewed the proposed 2023 Work Program and schedule put together by staff.
Commissioner Wenner noted that she is a Minnesota Master Naturalist and Tree Care Advisor
and stated that she would like to see the Park Commission become more acquainted with City
policies with regard to trees. She noted that would also overlap with the IPM and things like
Buckthorn removal. She stated that it may also be a good idea for the Commission to take a
closer look at the City’s tree survey so they have a better understanding of what the City’s tree
make-up actually looks like.
Planning Director Darling stated that it may be possible to bring some of this information to the
Park Commission but noted that the private development side of tree preservation was handled
by the Planning Commission. She stated that they could bring information to the Commission for
those that are on public property.
Commissioner Wenner stated that she could take on working with the Parks survey and the tree
survey and let the Commission know what she finds.
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 7 OF 8
Planning Director Darling stated that may be possible.
Commissioner Wenner asked what kind of resources the City has for residents who are dealing
ash trees or buckthorn.
Planning Director Darling stated that the City has a program for disease evaluation through Davey
Resource Group. She stated that the City contracts with them to provide a certain number of
evaluations on private properties. She explained that they would not provide a quote for removal
of the trees. She stated City does not require buckthorn removal and noted that per State rules
it is not supposed to be transported or planted new. She stated that if people want to remove it
from their private property, the City has some wrenches available, that require submitting a
deposit and then they can keep the equipment for a week at a time. She stated that they are
pretty effective, but it is hard work.
Chair Hirner stated that the City has had goats in Freeman Park for a few years to help with the
buckthorn issue and asked if they were once again considering that as an option.
Planning Director Darling stated that the City actually had received a grant from the Minnesota
DNR for $50,000 to restore part of the forest in Freeman Park. She stated that she believed the
follow up plan following the mechanized removal and daubing was to maintain it with non-
chemical means such as the goats, however, this is currently on hold pending details related to
the IPM plan.
Commissioner Wenner asked whether this grant would expire and if pausing the program could
mean the City loses those grant funds.
Planning Director Darling stated that it does expire in 2024 and noted that the City could lose the
funds depending on how long things are put on hold.
Commissioner Wenner stated that she would like to see the Commission take a look at tree
information and policies next winter. She noted that they could also take a look at becoming a
Tree City U.S.A. and noted that there are programs where the City could have college interns
come and take over some of this type of work. She stated that the City could also take a look at
holding Arbor Day events, tree sales, and find other ways to be more proactive. She reiterated
that she would like to see the Park Commission take a closer look at the current tree preservation
policy.
Planning Director Darling stated that the Planning Commission discusses tree removal when they
consider most projects.
Commissioner Levy stated that she recently read through the bee resolution implementation plan
and noticed two things that she did not think the City was really doing. She stated that one was
efforts to plant pollinator plants and asked if that was something that Parks Commission would
look for. She stated that she wonders if there should be signs at the parks so residents can look
and see things and find out the names of things that they could grow in their own backyard. She
asked if this type of communication fell under the responsibilities of the Parks Commission.
Planning Director Darling stated that it would depend on what the City Council decides is the Park
Commission role and noted that she thinks that they are still awaiting more direction from them
on that issue.
PARK COMMISSION MINUTES
TUESDAY, MARCH 14, 2022
PAGE 8 OF 8
Wenner moved to add an item to the 2023 Work Program and Schedule for the month of
December regarding trees in the parks. Hirner seconded the motion. Motion carried 5-0.
Garske moved to approve the 2023 Work Program and Schedule, as revised. Levy
seconded. Motion carried 5-0.
6. STAFF AND LIAISON REPORTS / UPDATES
A. City Council
Councilmember Sanschagrin introduced himself and gave an overview of recent Council
discussion and actions.
B. Staff
A. Silverwood Park Grand Opening
Parks and Recreation Director Crossfield stated that she had sent out a poll and it looks like the
majority of the votes were to hold the Grand Opening on Tuesday, June 20, 2023. She stated
that staff will move forward planning for the Grand Opening for that date.
Commissioner Wenner noted that she had looked into the possibility of Ben & Jerry’s, but they
will be too expensive. She noted that they had directed her to Big Bell who may be a better option
for the City.
Parks and Recreation Director Crossfield stated that Recreation Specialist Vassar has been
researching local ice cream vendors to try to find an option that would work, but will pass along
this information to her.
Planning Director Darling stated that the City Council will be looking more in depth at the IPM plan
and ways to move forward at their March 27, 2023 Work Session meeting.
Parks and Recreation Director Crossfield noted that Shore Report is in the works and there will
be some Parks and Recreation programs and services that will be promoted.
7. ADJOURN
Garske moved to adjourn the Park Commission Meeting of March 14, 2023 at 8:33 p.m.
Levy seconded the motion. Motion carried 5-0.
City Council Meeting Item
Item
Title/Subject: Park Commission Work Program 2023
5B
Meeting Date: March 27, 2023
Prepared by: Janelle Crossfield, Parks and Recreation Director
Reviewed by: Marc Nevinski, City Administrator
Background: The Parks Commission reviewed and accepted the attached work program for 2023.
Please review the attached work program. The City Council may add, amend or delete any of the items
in the work program.
Tentative 2023 Work Program
April of 2023
Concessions Agreement
o Tonka United is seeking the opportunity to operate concessions at Eddy’s Station
Summer of 2023 (May - July)
Park Tours
o Park Commission and City staff will tour Shorewood Parks and note any
observations for future needs
Mill Street Trail Design Review
o Park Commission will review the design options and make a recommendation
Fall of 2023 (August – December)
Shorewood Parks and Recreation Inclusion Policy
o The Park Commission will review the laws and common practices regarding adaptive
and inclusion recreation and make recommendations on policies and practices
SCEC Rental Fee Policies
o The Park Commission will review current fee types
Review Parks CIP
o Park Commission will recommend projects priorities for the projected CIP
Review Public Tree Inventory
o Park Commission will review public tree inventory, public tree policies and the Tree
City USA program
Integrated Pest Management Plan
The Parks Commission will review progress on the Integrated Pest Management Plan near the end of the
year.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
CITY OF SHOREWOOD COUNCIL CHAMBERS
PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD
TUESDAY, MARCH 7, 2023 7:00 P.M.
DRAFT MINUTES
CALL TO ORDER
Vice-Chair Eggenberger called the meeting to order at 7:00 P.M.
ROLL CALL
Present: Commissioners Eggenberger, Holker, Gorham, Johnson; Planning Director
Darling; Planning Technician Carlson, and, Council Liaison Maddy
Absent: Commissioner Huskins
1. NOMINATION AND ELECTION OF OFFICERS
Holker moved, Gorham seconded, to elect Commissioner Eggenberger to serve as Chair.
Motion passed 4/0.
Johnson moved, Holker seconded, to elect Commissioner Gorham to serve as Vice-chair.
Motion passed 4/0.
2. APPROVAL OF AGENDA
Holker moved, Gorham seconded, approving the agenda for March 7, 2022, as presented.
Motion passed 4/0.
3. APPROVAL OF MINUTES
February 7, 2022
Holker moved, Gorham seconded, approving the Planning Commission Meeting Minutes
of February 7, 2023, as presented. Motion passed 4/0.
4. MATTERS FROM THE FLOOR – NONE
5. PUBLIC HEARINGS
Chair Eggenberger explained the Planning Commission is comprised of residents of the
City of Shorewood who are serving as volunteers on the Commission. The Commissioners
are appointed by the City Council. The Commission’s role is to help the City Council in
determining zoning and planning issues. One of the Commission’s responsibilities is to
hold public hearings and to help develop the factual record for an application and to make
a non-binding recommendation to the City Council. The recommendation is advisory only.
A. PUBLIC HEARING – Rezoning and PUD Concept Plan for a Twin Home
Development
Applicant: TSML Properties LLC
Location: 24250 Smithtown Road
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 7, 2023
Page 2 of 7
Planning Director Darling explained the request from TSML Properties, LLC to rezone the
property at 24250 Smithtown Road and for a PUD concept plan for 8 townhomes which would be
individually owned. She noted that this item relates to only the portion of the project that would
be located in Shorewood and noted that there are components of the project that are in Tonka
Bay. She stated that staff feels that they are proposing too many units on the site to be able to
offer adequate buffer and transition between the proposed homes and the Public Works facility.
She stated that staff finds this inconsistent with the direction in the Comprehensive Plan and feels
that the conflict between uses would be problematic without at least having visual protection of
this activity. She explained that staff was recommending denial of the application of both the
rezoning and the PUD concept plan. She noted that the City received one letter that expressed
concern about the development.
Commissioner Gorham asked what the next step in the process would be if the Planning
Commission decided to actually recommend approval.
Planning Director Darling explained that if the application moves forward to the City Council and
they find it should be approved, the applicant would need to come back for a PUD development
plan and Preliminary Plat, a PUD final plat and Final Plat.
Commissioner Holker stated that this proposal has also not been formally presented to the City
of Tonka Bay either.
Commissioner Gorham stated that he remembered that the Commission had heard a different
proposal for these sites and at that time there was some preliminary discussions with Tonka Bay
on the overall process. He asked if there was any insight into how this may play out.
Planning Director Darling stated that the previous proposal got to the sketch plan phase of
development and believes both cities would support review of the application separately. She
stated that the thought was that they did not want to adjust the boundary between the two cities
so the development would fully be in one city of the other.
Commissioner Holker asked if the previous applicant had formally walked away from the project.
Planning Director Darling stated that this was correct and explained that the previous applicant
had an option on the property and had walked away.
Chair Eggenberger asked if the Planning Commission voted to recommend denial if that would
go before the City Council without a delay.
Planning Director Darling stated that was correct.
Todd Simning, Ador Homes, introduced Ryan Lundgren with TSML Properties. He stated that
they held a meeting with the cities of Shorewood and Tonka Bay and his take away from was that
Tonka Bay wanted to ensure that the units within each respective City were clearly within the
boundaries of one or the other and explained that they were aware of the Public Works facility.
He noted that they also have had conversations with the County about the possibility of changing
the intersection in this location in order to make it more safe. He stated that they applied a little
over two weeks ago with Tonka Bay for this application and stated that the applications with the
two cities are running concurrently. He noted that two of the biggest objections from staff related
to the north property line and the noise from the Public Works facility. He stated that moving the
house a bit further away would really not help control the noise level that much and stated that
this was one of the reasons behind their fence design and explained their plans for arbor vitae
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 7, 2023
Page 3 of 7
because it would reduce the decibel level by about 10 points. He gave an overview of STC ratings
which are ratings of decibels as they go through structures and noted that a townhouse project
involves STC ratings because people don’t want to hear each other, so they put together a good
structure that assists with helping the noise not to travel so freely. He stated that he can provide
more detailed documents to the City to show what they can utilize in this type of situation. He
stated that the City does not have a lot of multi-family housing options available and they would
like to provide this option to the residents. He stated that by using quality construction methods
they will not downgrade the neighborhood and people will really enjoy living there despite what is
nearby. He stated that they are planning for 12 feet between units and reviewed their plans for
water runoff plans. He stated that back in 2019 the City approved two structures that were put in
with a PUD that are only 10 feet apart, but inside the roof overhangs, the structures are only about
8 feet apart. He referenced Barrington that has side yard setbacks of 4 feet and noted that he
feels this is a really nice development. He stated that for the fence on the north side, there is
currently a chain link fence, however, they are proposing an 8 foot high white fence and would
suggest that their fence replace the chain link fence. He noted that they are willing to maintain it,
if the City did not want to take over its maintenance. He explained that they felt this would be
better than having two different fences right next to each other. He asked that the Planning
Commission move their request on to the City Council. He explained that their goal is to go no
more than about the $1-1.2 million price range for the units.
Commissioner Gorham stated that he would agree that the City needs more multi-family housing
options but noted that one of the big constraints on this site, in his opinion, is the elevation.
Mr. Simning stated that the road goes up pretty gradually and they are planning to use most of
the land as natural grade.
Kevin Teppen, Civil Site Group, explained that currently, with the driveway coming in, it is
relatively flat and you notice the big hill and the existing wall. He stated that with the County
agreeing to remove the wall, they have been able to give it a nicer residential feel along Smithtown
Road. He stated that it will also allow them to do some things up along the road that would be
beneficial to a residential development. He stated that for the existing grade, the ‘T’ intersection
into the commercial area remains at the same grade as it was but they are working with the slope
and going up plan to shave about 1.5 feet off which will require some export of material. He
reminded the Commission that this is still in the concept level, but they feel it will work out pretty
well.
Commissioner Gorham asked what would happen on the north side near building #12.
Mr. Teppen explained that the way it is currently shown, they are sloping down to the property
line.
Commissioner Gorham asked to see the landscaping plans and explained that he wanted to see
how the grade would work with the landscape plans.
Mr. Teppen stated that the building finished floor for #12 is approximately 1,004 and at the
property line it is 997 or 996 so there is some grade change but they do have the plant material
about 8 feet in. He stated that they were thinking to put up an opaque fence and put some tall,
skinny arbor vitae in there to help with visual and audible screening.
Commissioner Gorham asked if the thought was that a retaining wall would not be needed on this
edge.
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 7, 2023
Page 4 of 7
Mr. Simning stated that they have talked about that and they could easily have a retaining wall in
that area which would keep the fence up and allow the arbor vitae to be higher as well.
Commissioner Holker asked if her understanding was correct that Mr. Simning was saying that it
would not be financially feasible to have one less building.
Mr. Simning stated that is correct and everything has to be there for it to be feasible.
Commissioner Holker asked about the side elevation for a walk-out with this kind of slope.
Mr. Simning reviewed the grading plans and the egress window wells.
Commissioner Holker asked how much space there would be between the egress window and
the fence/arbor vitae.
Mr. Teppen stated that there are 16.4 feet from edge of structure to property line and the egress
windows are 3, which brings it down to 13.4 feet. He explained that the arbor vitae are about 5
or 6 feet wide, which means they will be about 7 feet from the arbor vitae, at maturity, to the face
of the building.
Chair Eggenberger stated that they are proposing an 8 foot privacy fence and asked if they would
like to go higher with it.
Mr. Simning stated that he has done a lot of fencing and feels 6 feet fences are the best, but 8
foot fences are also okay. He stated that once it goes higher than that, there can be problems
with sheer from the winds which makes it difficult to go higher.
Chair Eggenberger asked about the water run-off routes.
Mr. Teppen reviewed the water run-off and plans for catch basins.
Commissioner Johnson asked if she was correct that the plans for the fencing on the north side
would not even be close to hitting the main level at some parts.
Mr. Simning stated that he believes it will be about 5 feet above where the first floor is located.
Chair Eggenberger opened the Public Hearing at 7:51 P.M. noting the procedures used in a Public
Hearing. There being no comments, Chair Eggenberger closed the public hearing at 7:52 P.M.
Chair Eggenberger asked about the roadway and asked if Tonka Bay would own the first portion
and Shorewood would own the rest. He asked how this would work for maintenance purposes
and if there were other roads handled this same way.
Planning Director Darling stated that it will be a private street so neither of the cities will own it
and would actually be owned by the HOA. She stated that the HOA would also be responsible
for performing all the maintenance for it as well. She explained that the utilities would be public
and would require some sort of encroachment agreement because their roadway will be over the
top of the cities utility lines.
Commissioner Gorham stated that one of the things that resonated with him during the
presentation was the idea of other developments that have approached the level of variance
needs. He stated that he did not want to be in the business of shoehorning properties into a site
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 7, 2023
Page 5 of 7
and then looking at noise mitigation to offset the allowances that were made. He stated that the
STC data is most likely true, but that does not speak to the consistency that the Comprehensive
Plan tries to provide. He stated that their plans may work in different cities in another location,
but this site is on a hill on a very busy street. He stated that he feels that this is a highly visible
site and the applicants are asking for a lot of PUD forgiveness from the City. He explained that
he was unwilling to do that for this site because there are too many units crammed in. He stated
that he wants more multi-family options for residents but thinks that this plan is too much and
would require too much ‘shoe-horning’.
Commissioner Holker stated that she concurred with Commissioner Gorham and explained that
she would feel better about the project if there was one less building, however she understands
that is not financially feasible. She agreed that it feels as though this is stuffed into the area and
when the trees are cleared off the visibility and adjacency to the Public Works just would not feel
right. She stated that she likes the density of this proposal more than the previous proposal, but
she still feels as though they are trying to do too much on this parcel.
Commissioner Johnson stated that she is also concerned that the plans are too dense for the
property and explained that she worries about the traffic. She stated that she has concerns about
how a private road and a public road will be able to do a good job working together. She explained
that the north side just feels too tight and thinks the entire development feels too tight for this
parcel. She stated that she would recommend that the Planning Commission follow the
recommendation made by staff to recommend denial.
Chair Eggenberger stated that he agrees with what has already been stated. He stated that the
Commission could vote to recommend approval because that would mean that everything gets
further fleshed out in greater detail, but he is not sure that would change the Commissioners
minds.
Gorham moved, Holker seconded, recommending denial of the Rezoning and PUD
Concept Plan for a townhouse development by TSML Properties, LLC, located at 24250
Smithtown Road . Motion passed 4/0.
Planning Director Darling stated that this item would come before the City Council at the March
27, 2023 meeting.
6. OTHER BUSINESS
A. Variance to Side-Yard Setback
Applicant: Kyle Hunt & Partners, Inc.
Location: 28170 Woodside
Planning Director Darling gave an overview of the variance requests for property located at
28170 Woodside Road to allow a new home to be constructed. She explained that they are
asking for two variances for a side-yard setback of 27 feet rather than 30 and for an overhang
that projects four feet into the side-yard setback where two feet is allowed. She stated that
staff found the variance proposals meet the criteria and recommends approval, subject to the
conditions listed in the staff report. She stated that the City received one letter from an
adjacent property owner stating their support for the variance requests.
Kyle Hunt, Kyle Hunt & Partners, 18324 Minnetonka Boulevard, Deephaven, stated that he
was here representing the property owners since they were unable to attend tonight. He
stated that he was hoping that the Commission has had a chance to read their narrative and
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 7, 2023
Page 6 of 7
explained that part of the challenge is that his homeowners are empty nesters with a large
immediate family who have the expectation of someday having grandchildren. He explained
the desire for the master bedroom on the main level and then accomplishing the rest of the
house in ways to accommodate their large family. He stated that every inch proposed on the
main level makes sense to them and noted that they are not looking at having a second floor
because this is something that they plan to utilize for the remainder of their years. He stated
that they do have some future space that they could finish in the lower level, but are trying to
keep this fairly small. He stated that when setbacks were established, they were under the
assumption that there may be neighboring properties on both sides, but in this case, there is
a subdivision that has a 33 foot side reverse flag lot that is to the north. He noted that about
10-12 years ago they built the home to the south and that has a 15 foot setback on their north
side. He explained that the letter the City received in support of their request is from the
property owner to the north.
Commissioner Johnson asked if she was correct that there were no plans to put a second
story on the home and asked if that would even be possible with the way this home will be
constructed.
Mr. Hunt stated that without a variance someone could build within 10 feet and it could be a
full two-story home.
Planning Director Darling reminded the Commission that when they approve a variance, the
approval is tied to the plans so if the applicant would want to come back and add another
story, they would need to modify the resolution or meet all the setback requirements.
Commissioner Holker stated that she had the same question because she assumes this is
not their primary residence since they have 6 children.
Mr. Hunt stated that this is their primary residence and explained that they sold their very large
home in Medina and are moving here for the two of them to live but want to have possible
accommodations for their children, when they come home.
Commissioner Gorham asked about the overhang variance request.
Mr. Hunt gave an overview of the overhang design and the variance request.
Chair Eggenberger noted that Mr. Hunt had sent him an e-mail over the weekend asking to
meet and discuss the property, but explained that he declined to do that.
Gorham moved, Johnson seconded, to recommend approval of the variance requests
at 28170 Woodside Road, subject to the conditions included the staff report. Motion
passed 4/0.
Planning Director Darling stated that this item would come before the City Council on March
27, 2023.
B. 2023 Work Program and Schedule
Planning Director Darling explained that she had put together a tentative Work Program for
the Commission to consider. She stated that the Commission could choose to add other
CITY OF SHOREWOOD PLANNING COMMISSION MEETING
MARCH 7, 2023
Page 7 of 7
projects to it or remove items that they do not feel are necessary. She reviewed the proposed
Work Program and asked for feedback from the Commission.
The Commission reviewed and discussed the proposed Work Program and schedule.
Holker moved, Gorham seconded, approving the 2023 Work Program and Schedule as
presented. Motion carried 4/0.
C. Liaisons for Upcoming Council Meetings
March - Commissioner Holker
April – Commissioner Johnson
May – Commissioner Gorham
June – Chair Eggenberger
July – Commissioner Huskins (tentatively)
August – Chair Eggenberger
D. REPORTS
• Council Meeting Report
Council Liaison Maddy reported on matters considered and actions taken during the Council’s
recent meetings.
• Draft Next Meeting Agenda
Planning Director Darling stated there were not any new development applications slated for the
next meeting but noted that there are still a few out there that are incomplete. She noted that at
this point the plan will be to discuss the sign regulations at the next meeting.
E. ADJOURNMENT
Holker moved, Johnson seconded, adjourning the Planning Commission Meeting of March
7, 2023, at 8:42 P.M. Motion passed 4/0.
Marie Darling
From:mike giebenhain <mikegiebenhain@hotmail.com>
Sent:Tuesday, February 28, 2023 7:32 PM
To:Marie Darling
Subject:Carney variance
Marie,
Kyle Hunt asked me to contact you regarding my position on the Carney variance request. While I completely disagree
with their logic in the submitted request as it suggests my property should be treated more like deeded access in
regards to setbacks and they show absolutely no need, I do think granting the variance of a 12ft setback (vs 15ft) in this
instance makes sense as they are building a home that will not be overly obstructive to my lake view compared to what
could potentially be built.
Please feel free to contact me if you have any further questions.
Thanks
Mike Giebenhain
28110 Woodside Rd
Shorewood, mn 55331
612-816-8429
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
1
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-033
A RESOLUTION APPROVING A SIDE-YARD SETBACK VARIANCE FOR
PROPERTY LOCATED AT 28170 WOODSIDE ROAD
WHEREAS, Kyle Hunt & Partners, Inc., (the “Applicant”) proposed to construct a new home that would
be a combined 27 feet from the side property lines where 30 feet is required and the home has a four-
foot overhang encroaching into the setback where two feet is allowed on property addressed as 28170
Woodside Road and legally described as shown in Exhibit A; (the “Subject Property”) and,
WHEREAS, the Applicant’s request was reviewed by the planning staff, whose recommendation is
included in a memorandum for the March 7, 2023 Planning Commission meeting, a copy of which is on
file at City Hall; and
WHEREAS, the Planning Commission held a public meeting on March 7, 2023 to review the application,
the minutes of the meetings are on file at City Hall; and
WHEREAS, the City Council considered the application at its regular meeting on March 27, 2023, at
which time the planning staff memorandum and the Planning Commission’s recommendations were
reviewed and comments were heard by the City Council from the Applicant, staff and public.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS
FOLLOWS:
FINDINGS OF FACT
1. The Subject Property is located in the R-1A/S zoning district, which requires all buildings to be
set back a combined 30 feet from the side-yard property lines and roof encroachments to project no
more than two feet into a side-yard setback.
2. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a
process to deviate from the strict provision of the zoning regulations when there are practical
difficulties, and the action is the minimum to alleviate the practical difficulties.
4. Section 1201.05 of the zoning regulations includes criteria for making the above determination.
5. The Applicant’s proposal is identified on the application materials and plans submitted on
January 24 and February 24 and 27, 2023 (the “Plans”).
CONCLUSIONS
A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves
the Applicant's request to construct a home with a combined side-yard setback of 27 feet where 30 feet
is required and include a four-foot overhang into the required setback where two feet is allowed
consistent with the Plans.
B. The City Council finds the variance request for a new home and its resulting construction and
use, is consistent with the intent of the comprehensive plan and in harmony with the general purposes
and intent of the zoning regulations.
C. The City Council finds that the request specifically demonstrates practical difficulties based on
the reasonable proposed use of the Subject Property, the unique lot situation to the north which
includes a neighboring property that is too narrow to be built on, and the essential character of the area
would be preserved because the home is proposed with a single level above grade and neighborhood
has lack of uniformity in the neighborhood property lines.
D. The City Council finds that the improvements proposed are not solely based on economic
considerations, but to enhance the livability of the home.
E. The City Council finds that the deck would not impair an adequate supply of light and air to an
adjacent property, increase the risk of fire or increase the impact on adjacent streets.
F. The City Council finds that the deck would not be detrimental to the public welfare nor would it
be injurious to other lands or improvements in the neighborhood.
G. The variance is the minimum variance necessary to address or alleviate the practical difficulties.
H. The variance approval shall be subject to the following conditions:
1. Prior to beginning any construction on the Subject Property, the applicant shall acquire all
necessary permits.
2. The building permit application must include all required materials for a new home
including, but not limited to, a stormwater management plan, and the other requirements
indicated in the engineer’s memo dated February 17, 2023.
3. Prior to the final inspection of the home, the portion of the driveway connecting the existing
home to the shared drive on 28180 Woodside Road must be removed.
I. The variance shall expire one year after approval unless the applicant has completed the
project, or an extension has been requested in accordance with Section 1201.05 Subd. 3 of City Code.
J. The City Clerk is hereby authorized and directed to provide a certified copy of this resolution for
filing with the Hennepin County Recorder or Registrar of Titles.
TH
Adopted by the City Council of Shorewood, Minnesota this 27 day of March, 2023.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
EXHIBIT A
Legal Description of Subject Property
City Council Meeting Item
Item
Title/Subject: Final Plat and PUD Final Plan for Maple Shores
6C
Meeting Date: March 27, 2023
Prepared by: Marie Darling, Planning Director
Attachments: Applicant’s Narrative and plans
Development and PUD Agreement
HOA documents (Electronic Copy of Packet Only)
Resolution
Background:
Location: 20430 Radisson Road
Applicant: Chamberlain Capital, LLC
Review Deadline: April 10, 2023
The applicant has submitted their request for final plat for Maple Shores. Prior to recording the
plat, the applicant would be required to revise their plans to be consistent with City Code. The
conditions are listed in the final plat resolution. Additionally, a development and PUD
agreement has been provided for Council review with the terms of construction for the
subdivision, including financial guarantees and performance criteria.
The applicant’s request is very similar to the approved Concept/Development Stage plan and
preliminary plat, with the following changes:
Fill: The applicant was originally planned to export about 5,800 cubic yards of material from the
site. They are now proposing to export about 3,400 cubic yards of material, which will mean
many fewer truck hauling material from the site.
Ash trees: During the preliminary plat phase, the Planning Commission/Council suggested
removing all the ash trees instead of the staff condition that their condition be evaluated. As
only five significant ash trees remained on the site after tree clearing, the applicant has opted
to remove the remainder of the significant ash trees at this time.
Private lighting: The applicant has proposed to install nine bollards to provide wayfinding
lighting throughout near the front sidewalks into the homes and near the guest parking area in
lieu of any street lights and would pay for their installation, electricity and maintenance.
Retaining wall landscaping: The applicant’s plan was initially to provide vines to obscure
visibility of the retaining wall, however, their landscaper advised against that and suggested
providing dogwoods instead.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership.
C:\\Users\\bpricco\\Desktop\\6C Memo.docx
Low maintenance lawn: The applicant is proposing to provide a bee-friendly, low-maintenance
lawn for much of the development, although propose traditional lawn near the units.
Summary of Public Engagement: There is no public notice required with either a final plat or
a PUD final plan. However, the application was previously reviewed with two public hearings
on August 2 and 22, 2022. Notice for the public hearings were mailed to all properties within
750 feet of the development and published in the official newspaper. Six people spoke at the
public hearing on August 2, 2022 and two people spoke at the August 22, 2022 hearings.
Several letters were also submitted.
Financial or Budget Considerations: Developers are required to pay utility connection fees
and park dedication and pay for constructing the streets, stormwater facilities and other
utilities. The developer can request reimbursement of expenses to extend the watermain up
to, but not over, the total amount of connection fees collected. For this development, the
proposed expenses (about $200,000) exceed the fees to be collected ($55,000). As a result,
the developer is not required to pay a water connection fee. Other fees are listed in the
Development Agreement.
Action Requested: Staff recommends approval of the request for a final plat and agreement
for Maple Shores.
Proposed motion: Move to approve a request for final plat for Maple Shores for Chamberlain
Capital, LLC. subject to the findings and conditions in the attached resolution and the
execution of the Development and PUD Agreement.
Any action on this request would require a majority of Councilmembers.
Connection to Vision/Mission: Consistency in providing residents quality public services
through effective, efficient, and visionary leadership.
MEMORANDUM
Date:March 16, 2023
To:Marie Darling, Planning Director
From:Matt Bauman, PE, Andrew Budde, PE
Subject:20430 Radisson Road/Maple Shores Final Plat
City of Shorewood
Project No.: 0C1.123603
The following documents were submitted for review of compliance Local
Surface Water Management Planand Engineering Standards:
Certificate of Survey dated 12/19/2021
Civil Plansrevised dated 1/13/2023
Stormwater Drainage Reportrevised dated 10/28/2022
Infiltration Report dated 9/22/2022
Stormwater Maintenance Plan dated 10/17/2022
Landscape Plan revised dated 1/5/2023
Response letter to Bolton & Menk 8/17/2022 comments
This review included the documents listed above and additional prior PUD Preliminary Plat Application
materials, primarily dealing with grading, modelling and stormwater management. A marked-up
construction plan is included with this review to clarify some comments.
General
1.Public infrastructure shall be constructed in accordance with City Standard Details and
Specifications.
a.Replace sanitarysewer and water details and add note for to use section of RDW-2 for
Radisson Road patch in accordance with City Standard Details provided.
2.Prior to the start of any construction, permits shall be secured with the following at a minimum:
a.MnDOT right of way and drainage
b.Minnehaha Creek Watershed District conditional approval noted
c.MPCA Construction General Permit
d.Minnesota Department of Health
e.Metropolitan Council Environmental Servicesapproved
3.Update and complete the encroachment agreement for coordination between the development and
City for future roadway and utility repairs.
4.Send updated construction cost estimates.
5.Include STOP sign and private street sign at intersection.
Utilities
(Ȁ͐3(7$͐Ώ#ΐΐΑΖΓΗΓ͐ΐ͑#®±±¤²͐#͑4® /³§¤±²͐ΑΏΑΒȃΏΒȃΐΕ͑- ¯«¤ 3§®±¤²͑&¨ « 0« ³ 2¤µ¨¤¶ ,¤³³¤±ȁ£®¢·
Name:20430 Radisson Road/Maple Shores
Date:March 16, 2023
Page:2
6.Update utilities on north side of highway 7 based on asbuilts provided and additional field shots
as required.
7.Open cut watermain shall be C900 PVC DR 18. Hydrant leads to remain DIP. Water services to
be PE.Hydrants shall have 4STORZ pumper nozzles.
8.Southern termination of the new watermainalong Radisson Roadshall be minimum of 8-feet
from the edge of the back of curbso a future connection will not need to disturb the roadway.
9.The high point of the watermain along the private road should be at the northern hydrant in order
to not trap air or direct air into a house; shift the high point to the hydrant.
10.Modify the termination at the north end along Radisson Road to include a tee and gate valve,
moving the hydrant closer to the road.
11.Add additional gate valves for controls.
Storm Sewer and SWPPP
12.Incorporate comments from SWPPP checklist including:
a.List person who will oversee implementation once Contractor is selected.
b.Provide training documentation for person to conduct inspections.
13.Recommend to include profile viewsof the storm sewer runs:
a.CB-6 to CB-5
b.MH 3 to FES-1
14.Insulation shall be provided between watermain and storm sewer if there is less than 3-feet of
separation.
15.Provide erosion control around area that will be disturbed to install FES-2
16.Owners of private stormwater facilities shall enter into an agreement with the City describing
responsibility for the long-term operation and maintenance of the stormwater facilities and shall
be executed and recorded with the final plat.
a.Update and complete the included stormwater management agreement
Notes/comments to be addressed prior to construction:
1.registered professional engineer.
a.Ensure adequate fall protection for the retaining walls.
2.Irrigation mains are not allowed in City Right of Way without an encroachment agreement and
subject to the approval of the City Engineer.
3.The NWL of Lake Como is unknown, only the OHW is listed on the plans.
January23,2023
MarieDarling,PlanningDirector
CityofShorewood
ShorewoodCityHall
5755CountryClubRoad
Shorewood,MN55331
Re:MapleShoresFinalPlatApplication
DearMsDarling
TodaywearesubmittingthefinalplatapplicationforMapleShoreslocatedat20430RadissonRoadand
certainadjacentparcelsforyourreview.Theapplicationandsupportingdocumentsareincludedinthe
finalplatapplicationsubmittalpackagelocatedthroughthefollowingdropboxlink.
https://www.dropbox.com/sh/p1ju3p8sv2b9rvf/AABKaXj7aFBuXG9huVSTIlHta?dl=0
The24x36printedcopiesasnotedbelowanda$3,200checkfortheapplicationsfeeswillbedroppedat
yourofficetoday.
1. MapleShoresCurrentConditionsCertificateofSurvey12.19.21
2. MapleShoresFullCivilPlans01.13.23(printed24x36copyincluded)
3. MapleShoresFinalPlatSheets10.10.22(printed24x36copyincluded)
4. MapleShoresLandscapingPlan01.05.23(printed24x36copyincluded)
5. MapleShoresDrainageReport10.18.22
6. MapleShoresStormWaterPondInfiltrationReport09.22.22
7. MapleShoresStormWaterMaintenancePlan10.17.22
8. MapleShoresMCWDConditionalPermitApproval#2250712.13.22
9. MapleShoresCityEngineeringCommentResponses10.11.22
10. MapleShoresFireMarshalReviewLetter7.13.22
11. MapleShoresDNRReviewLetter7.13.22
12. MapleShoresConstructionPlan01.20.23
13. MapleShoresPUDLanguageTermsinDeclaration01.20.23
14. MapleShoresDevelopmentCosts12.23.22
15. MapleShoresShorewoodFinalPlatApplication1.23.23
Thefollowingareenhancementsorchangesmadetotheapplicationdocumentsabovesinceourlast
submittal.
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\[ğƓķƭĭğƦźƓŭ
1.Allashtreeswillberemoved.
Percitydirectionasecondsurveyoftreesonthepropertywasconducted.Thearborist
determinedanadditional25treesarediseasedordeadandshouldberemoved(22ash
and3elm).The5remainingashtreeswillberemovedaswithtimetheytoowillbecome
diseased.Totalremainingtreeswillbe64.
2. Potentialdisturbanceofcriticalrootzonesoftreeslocatedoutsidesiltfenceboundary.
22treesontheplanarenowmarkedasͻtƚƭƭźĬƌǤwĻƒƚǝĻķͼ͵Thesetreesarelocated
outsidethesiltfences.Basedontheirtrunksizeandspeciessomeoftheircriticalroot
zonesmaybenegativelyimpactedbyexcavatingworkinsidethesiltfenceareas.Wewant
toretainthesetreesifpossiblewhilestillachievinggradingrequirements.Thesetrees
ofcriticalrootzone
wereidentifiedbyapplyinga1inchoftreetrunkradiusto1foot
radius.ThosetreeswithrootszonesthatcrossedsiltfencelineswereputontheͻtƚƭƭźĬƌǤ
wĻƒƚǝĻķͼlisttobeevaluatedaftersitegrading.
3. Initiallyplanwastoplantvinesalongtheretainingwalltominimizeitsvisibility.
Thelandscaperdidnotfeelvineswouldsurviveintheareaandhasrecommendedanative
dogwoodbushbeplantedinstead.
4. Seedingtheperimeterofthedevelopment.
Abeelawnwillbeseededasanalternativetotraditionalsodorhydroseedingwhich
requiresirrigationandweeklymowinginperpetuity.Beelawnsarelawnsmadeupofturf
grassesblendedwithlowgrowingperennialsthatbloom.Thistypeoflawnismaintainedat
alengthoffourinchesorhighertoallowthegrowthofpollinatorfriendlygrassandplant
varietiesandencourageflowerblooming.Thenontraditionalfloweringlawncelebrates
plantbiodiversityandbecomesameadowlikepollinatorhavenforfood,cover,and
nesting.Researchhasshownthatlawnsthatareseededwithagrassandfloweringplant
mixturecanfeeddozensofspeciesofbeesthatwouldotherwisegohungry.Aseed
mixturewillbedeterminedbythelandscaperthatiscompliantwiththeShorewood
guidelines.Auniqueseedmixturemaybeusedundertreesinplaceofmulchtoallowfora
morenatural,pollinatorfriendlylook.
LƒƦƚƩƷΉ9ǣƦƚƩƷƚŅCźƌƌağƷĻƩźğƌ
Anestimated3,425cubicyardsoffillmayneedtobeexported.Thisissignificantlyless
thanouroriginalapplication.Thesideroughlybalanceshowever,theexportamount
includesan2,5000cubicyardallowanceshouldtheengineeringoftheretainingwall
requireafullsandbackfillwithsandreplacement.Ifitdoesnotneedsandorrequiresless,
theamountofexportwillbereducedaccordingly.
tğŭĻЋƚŅЌ
ThefollowingpeopleparticipatedinthePUDapplicationdevelopmentandareavailabletoansweryour
questions.
PaulCameronLizaCameron
95264976539526497653
Paul@Chamberlaincap.comLiza@Cameronres.com
TravisVanNesteΑSurveyorLeeElferingΑCivilEngineer
95268630557637800450
travis@vannestesurveying.comlelfering@elferingeng.com
SarahNotchΑLandscapeArchitectThomasWhalenΑCertArboristMN4217a
DesigningNatureTreeTopService,Inc
76347799097639723988
snotch@designingnatureinc.compaul@treetopclearing.com
KevinMillerΑProjectManagerRobertWilliamsAttorney
PWShttps://pwsmn.comBest&FlanaganLLP
61222138456123419706
kmiller@pwsmn.comrwilliams@bestlaw.com
Ifyouhaveanyquestionsorconcerns,pleasedonothesitatetocallLizaormyself.
Respectfully,
tğŭĻЌƚŅЌ
EasyLED Technology
EasyLED Round Flat
The EasyLED Bollards with choice of optics and lenses are designed
to replace HID lighting systems up to w MH or HPS.These fixtures are
L70
147,000 Hours
ideal for retail centers, industrial parks, schools and universities, public transit
25°C
Bollards
and airports, office buildings and medical facilities.
Specifications and Features:
Housing:
Extruded Aluminum Housing with Flush Mounting Base & Vandal-Resistant Screws, Flat
Top, Internal Ballast Tray for Easy Maintenance. Bollards Can Be Cut to Custom Lengths
Upon Request.
Listing & Ratings:
CSA: Listed for Wet Locations,ANSI/UL1598, 8750; IP65 Sealed LED Compartment.
Soft Shine Low Glare White Cone Reflector
Daytime ViewNighttime View
Finish:
(Dome Top Shown for Visual Concept)
Textured Architectural Bronze or Black Powdercoat Finish Over a Chromate Conversion
Coating. Custom ColorsAvailable Upon Request.
Style:
Clear Prismatic Borosilicate Glass Refractor, Specially Designed Cone Reflector or
Internal Louvers
Lens:
Clear UV-Stabilized Polycarbonate Vandal-Resistant Lens or SoftLED LumaLens UV-
Stabilized Polycarbonate Opal Vandal-Resistant Lens
Mounting Options:
GlassLED Cone ReflectorLouvers
BFGShown with Glare ShieldBFL
BFR
EasyLED LED:
Aluminum Boards
Wattage:
Array: 10w, System: 11.3w; (w HID Equivalent)
Array: 14.5w, System: 17w; (70w HID Equivalent)
Array: 22w, System: 23.8w; (w HID Equivalent)
Driver:
Electronic Driver, 120-277V, 50/60Hz or 347V, 50/60Hz (15w Only); LessThan 20%THD
and PF>0.90. Standard Internal Surge Protection 2kV. 0-10V Dimming Standard for a
SoftLED LumaLensShown with "S3" Shown with GFCI
Dimming Range of 100% to 10%; Dimming Source Current is 150 Microamps.
Opal Array LensSensor
Controls:
Fixtures Ordered with Factory-Installed Motion Sensor Controls are Internally Wired for
Switching and/or 1-10V Dimming Within the Housing. Remote Direct Wired Interface
of 1-10V Dimming is Not Implied and May Not BeAvailable, Please Consult Factory.
Fixtures areTested with LEPG Controls and May Not Function Properly With Controls
Supplied By Others. Fixtures are NOTDesigned for Use with Line Voltage Dimmers.
Warranty:
5-Year Warranty for -40°C to +40°C Environment.
Dimensions
A
Diameter (D)
See Page 4 for Projected Lumen MaintenanceTable.
Height (A)
D
Project Information:
Certification & Listings:
Project Name:Fixture Type:
Complete Catalog #:Date:
Comments:
Rev. 021721
EasyLED Round Flat
L70
147,000 Hours
25°C
Bollards
FU5KZ36SF
Order Information Example:
ModelOpticsWattageDriverCCTLensColorHeightOptions
W=Round Flat Top Bollard with Soft C=Type III*1X10=10w U=120-277V 3K=3000K (Leave Blank)=Z=Bronze(Leave Blank)=SF=Single Fuse*
Shine Low Glare White Cone Reflector F=Wide Beam 1X15=15w C=347V*4K=4000K Clear Lens B=Black42" Standard Height DF=Double Fuse*
=Round Flat Top Bollard with LED Cone Spread 1X22=22w 5K=5000K L=SoftLED
C=Custom 36=36" Height SP=Surge Protection
Reflector*15w Model LumaLens Opal (Consult Factory)30=30" Height GF1=GFCI Outlet, 15A, 120V
=Round Flat Top Bollard with Glass* BOFRWQ, Only UV-Stabilized GSB=180° Glare Shield, Black
=Round Flat Top Bollard with Louvers BOFRLQ & Polycarbonate GSZ=180° Glare Shield, Bronze
BOFGQ only Array Lens*GSC=180° Glare Shield,Custom Color
(Consult Factory)
*Type V White S3=Microwave Sensor with Dimming &
Cone Reflector Remote Programming, 120-277V Only. See
Only P17121 Spec. Page for Details.
BU=Battery Backup, 90 Minutes*
*120-277V Models Only.
Accessories & Replacement Parts:
AccessoriesReplacement Parts
Mounting Accessories
(Order Separately, Field Installed)(Order Separately, Field Installed)
(Order Separately, Field Installed)
P17121Internal Microwave Sensor with Dimming & Remote
P17122Remote Programming Tool for P17121
BOLAN4
Programming, 120-277V Only. See P17121 Spec. Page
Anchor Bolts
for Details.
BOLAN8
BOLPCReplacement Round UV-Stabilized Polycarbonate Vandal-
Anchor Bolts
Resistant Lens
BOLAN12
BOLPCLLReplacement SoftLED LumaLens Opal UV-Stabilized
Anchor Bolts
Polycarbonate Array Lens
P17122
BOLAN15
BORBASE*Die Cast Base Plate with Powdercoat Finish Over a
Anchor Bolts
Chromate Conversion Coating.
BREBASE*Bollard Retrofit Base Kit Adapts New Bollards to Most
BOADP1Adapter Plate with Gaskets for Outlet Boxes. Fits LEPG
Existing Bolt Patterns. Fits all LEPG Bollards. Die Cast with
Round Bollards. Die Cast with Bronze Powdercoat Finish.
Powdercoat Finish, Hardware Included. 11½ Dia. x 1½ H
For Replacement Battery Backup, see the LEPG LED Battery Backup
Specification Sheet.
BOLANBREBASE*
P17121BOLPC,BORBASEBOADP1
*Shown Mounted
BOLPCLL
Rev. 021721
EasyLED Round Flat
L70
147,000 Hours
25°C
Bollards
Photometric Data
22U5K & BFRF22U5KBFGC22U5K
Type VType III
Grid in feet, Mounting Height = 3 ft.Grid in feet, Mounting Height = 3 ft.
BFLF22U5KBFRWF22U5KL
Type VLumaLensType V
Grid in feet, Mounting Height = 3 ft.Grid in feet, Mounting Height = 3 ft.
Rev. 021721
EasyLED Round Flat
L70
147,000 Hours
25°C
Bollards
Photometric Performance
Wattage 10W 15W 20W
(Catalog Logic)(1X)(1X15)(1X22)
Input Watts11.3W15.9W23.8W
OpticCCTDelivered Lumens
3000K7381,0331,549
BRW & BFR
4000K8001,1201,680
Cone Reflector
5000K8341,1671,750
C=Type III Optic
BUG RatingB0-U2-G1B1-U3-G1B1-U3-G1
3000K1,0371,4522,178
BW & BFR
4000K1,1251,5752,362
Cone Reflector
5000K1,1721,6412,461
F=Type V Optic
BUG RatingB1-U3-G1B1-U3-G1B1-U3-G1
3000K7871,1011,652
4000K8531,1951,792
B Glass
C=Type III Optic
5000K8891,2451,867
BUG RatingB1-U3-G1B1-U3-G1B1-U3-G1
3000K7681,0761,613
4000K8331,1671,750
B Glass
F=Type V Optic
5000K8681,2151,823
BUG RatingB1-U3-G1B1-U3-G1B1-U3-G1
3000K5317441,116
4000K5768071,211
B Louvers
F=Type V Optic Only
5000K6008411,261
BUG RatingB0-U2-G0B1-U2-G1B1-U3-G1
Projected Lumen Maintenance
Data shown for 5000 CCT Compare to MH
TM-21-11Input WattsInitial25,000 Hrs50,000 Hrs100,000 HrsCalculated LED Life
L70 Lumen Maintenance @ 25°C / 77°F 1.000.950.900.80147,000
All wattages up to
L70 Lumen Maintenance @ 50°C / 122°F 1.000.890.780.5567,000
and including 24w
L80 Lumen Maintenance @ 40°C / 104°F 1.000.920.850.7066,000
NOTES:
1. Projected per IESNA TM-21-11. Data references the extrapolated performance projections for the 116mA base model in a 25°C ambient, based on 10,000 hours of LED testing per IESNA LM-80-08.
2. Compare to MH box indicates suggested Light Loss Factor (LLF) to be used when comparing to Metal Halide (MH) systems.
Rev. 021721
MAPLE SHORES HOMEOWNERS ASSOCIATION
BYLAWS
SECTION 1 GENERAL
The following are the Bylaws (the Ð Bylaws Ñ) of the Maple Shores Homeowners
Association, a Minnesota nonprofit corporation (the Ð Association Ñ). The Association is organized
pursuant to Minnesota Statutes Chapter 317A (the Ð Act Ñ), and Section 515B.3-101 of the
Minnesota Common Interest Ownership Act for the purpose of operating and managing Maple
Shores, a planned community created in Hennepin County, Minnesota pursuant to the Act. The
terms used in these Bylaws shall have the same meaning as they have in the Declaration of Maple
Shores Common Interest Community (as amended and restated, the Ð Declaration Ñ) and the Act.
SECTION 2 MEMBERSHIP
2.1 Owners Defined. All Persons described as Owners in Section 4 of the Declaration
shall be Members. No Person shall be a Member solely by reason of holding a security interest in
a Unit. A Person shall cease to be a Member at such time as that Person is no longer an Owner.
The terms Member and Owner are sometimes used interchangeably in these Bylaws.
2.2 Registration of Owners and Occupants. An Owner shall register with the Secretary
of the Association, in writing, (i) the name, address, telephone number and email address of the
Owners and any Occupants of the Unit; (ii) the nature of such Owner s interest or estate in each
Unit owned; (iii) the address at which the Owner desires to receive notice of any meeting of the
Owners, if other than the Unit address; (iv) whether the Owner consents to receive notice by
electronic communication and, if so, designation of the email address or other available form of
electronic communication by which the Owner desires to receive notice in accordance with Section
317A.450 of the Act; (v) the name and address of any Mortgagee with respect to the Unit; and (vi)
the name of the Owner entitled to cast the vote allocated to the OwnerÓs Unit. Each Owner shall
have a continuing obligation to advise the Association in writing of any changes in the foregoing
information.
2.3 Transfer of Membership. Each Membership is appurtenant to the Unit on which it is
based and shall transfer automatically upon any voluntary or involuntary transfer of the ownership
of such Unit. It shall be the responsibility of each Owner, upon becoming an Owner of a Unit, to
register with the Association in the manner provided in the foregoing section.
SECTION 3 VOTING
3.1 Entitlement. Each Unit in the Property shall be entitled to one (1) vote. However, no
vote shall be exercised as to a Unit while the Unit is owned by the Association.
3.2 Authority to Cast Vote; Multiple Owners. At any meeting of the Owners, an Owner
included on the voting register presented by the Secretary in accordance with Section 4.6, or the
holder of such OwnerÓs proxy, shall be entitled to cast the vote which is allocated to the Unit owned
1
by the Owner. If there is more than one Owner of a Unit, only one of the Owners may cast the vote.
If the Owners of a Unit fail to agree as to who shall cast the vote, or fail to register pursuant to
Section 2.2, the vote shall not be cast.
3.3 Voting by Proxy. An Owner may cast the vote which is allocated to the OwnerÓs
Unit and be counted as present at any meeting of the Owners by executing a written proxy naming
another person entitled to act on that OwnerÓs behalf, and delivering the same to the Secretary
before the commencement of any such meeting. All proxies granted by an Owner shall be effective
until the earliest of the following events: (i) revocation by the granting Owner by written notice or
by personally attending and voting at the meeting for which the proxy is effective; (ii) the date
specified in the proxy, if any; or (iii) the time at which the granting Owner is no longer an Owner.
3.4 Voting by Written Ballot. The entire vote on any issue, except the election or removal
of directors, may be determined by written ballots mailed to the Owners along with a notice of the
vote, subject to the following requirements.
3.4.1 The notice of the vote shall: (i) clearly state the proposed action; (ii) indicate
the number of responses needed to meet the quorum requirements; (iii) state the percentage
of approvals necessary to approve each matter other than election of directors; and (iv)
specify the time by which a ballot must be received by the Association in order to be
counted.
3.4.2 The ballot shall: (i) set forth each proposed action, and (ii) provide an
opportunity to vote for or against each proposed action.
3.4.3 The Board shall set the time for the return of ballots, which shall not be less
than fifteen nor more than forty-five days after the date of mailing of the ballots to the
Owners. The Board shall provide notice of the results of the vote to the Owners within ten
days after the expiration of the voting period.
3.4.4 Approval by written ballot under this Section is valid only if (i) the number of
votes cast by ballot equals or exceeds the quorum required to be present at a meeting
authorizing the action, and (ii) the number of approval votes equals or exceeds the number
of votes that would be required to approve the matter at a meeting at which the total number
of votes cast was the same as the number of votes cast by ballot.
3.5 Voting by Electronic Means. Voting by ballot may also be conducted by electronic
communication alone or in combination with mailed, written ballots in accordance with Section
3.4 above. Voting by electronic communication may only be used if the applicable Owner has
registered such OwnerÓs consent thereto in accordance with Section 2.2 above and Section
317A.447 of the Act. Consent by an Owner to receive notice by electronic communication in the
manner designated under Section 2.2 constitutes consent to receive a ballot by electronic
communications in the same manner.
3.6 Vote Required. A majority of the votes cast at any properly constituted meeting of
the Owners, or cast by written ballot or electronic ballot in accordance with Section 3.4 or 3.5, shall
decide all matters properly brought before the Owners, except where a different vote or voting
procedure is required by the Governing Documents or the Act. Unless otherwise expressly
2
indicated, the term majority as used herein shall mean in excess of fifty percent of the votes cast by
the Owners voting in accordance with the voting procedures set forth in Section 3 and the allocation
of voting power set forth in the Declaration. Cumulative voting shall not be permitted.
SECTION 4 MEETINGS OF OWNERS
4.1 Place. All meetings of the Owners shall be held at a suitable place within Hennepin
County, Minnesota, and convenient to the Owners, as may be designated by the Board in any notice
of a meeting of the Owners. The Board shall have the right to designate that an annual or special
meeting of Owners may be held solely by one or more means of remote communication if the
requirements of Section 317A.450 of the Act are met.
4.2 Annual Meetings. An annual meeting of the Owners shall be held in each fiscal year
on a date, and at a reasonable time and place, designated by the Board. At each annual meeting of
the Owners, (i) the persons who are to constitute the Board shall be elected pursuant to Section 6;
(ii) a report shall be made to the Owners on the activities and financial condition of the Association;
and (iii) any other matter which is included in the notice of the annual meeting, and is a proper
subject for decision by the Owners, shall be considered and acted upon at the meeting. During the
Declarant Control Period described in the Declaration, the Declarant shall have the right to appoint
all members of the Board.
4.3 Special Meetings. Special meetings of the Owners may be called by the President as
a matter of discretion. Following expiration or earlier termination of the Declarant Control Period,
Special meetings of the Owners shall be called by the President or Secretary within thirty days
following receipt of the written request of a majority of the members of the Board or of Owners
entitled to cast at least thirty percent of all the votes in the Association. The meeting shall be held
within sixty days following receipt of the request. The request shall state the purpose of the meeting,
and the business transacted at the meeting shall be confined to the purposes stated in the notice.
4.4 Notice of Meetings. Not less than twenty-one (21) nor more than thirty (30) days in
advance of any annual meeting of the Owners, and at least seven (7), but no more than thirty (30),
days in advance of any special meeting of the Owners, the Secretary shall send, to all Persons who
are Owners as of the date of sending the notice, notice of the time, place and agenda of the meeting.
The notice shall be sent by United States mail or by hand delivery or by email communication if
the member has consented to receive the notice by electronic communication, at the Owner s Unit
address or to such other address as the Owner may have designated in writing to the Secretary. The
notice shall also be sent to the Mortgagee with respect to a Unit, upon request, at the address
provided by the Mortgagee. Any Mortgagee shall, upon request, be entitled to designate a
representative to be present at any meeting.
4.5 Quorum/Adjournment. The presence of Owners in person or by proxy, who have the
authority to cast in excess of fifty percent (50%) of all the votes in the Association shall be
necessary to constitute a quorum at all meetings of the Owners for the transaction of any business,
except that of adjourning the meeting to reconvene at a subsequent time. The Association may not
be counted in determining a quorum as to any Unit owned by the Association. Any meeting may
be adjourned from time to time, but until no longer than fifteen (15) days later, without notice other
than announcement at the meeting as initially called. If a quorum is present at the reconvened
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meeting, any business may be transacted which might have been transacted at the meeting as
initially called had a quorum then been present. A quorum, having once been established at a
meeting or a reconvened meeting, shall continue to exist for that meeting notwithstanding the
departure of any Owner who was present when the quorum was established.
4.6 Voting Register. The Secretary shall have available at the meeting a list of the Unit
numbers, the names of the Owners, the vote attributable to each Unit and the name of the person (in
the case of multiple Owners) authorized to cast the vote.
4.7Agenda. The agenda for meetings of the Owners shall be established by the Board,
consistent with the Governing Documents, and shall be sent to all Owners along with the notice of
the meeting.
4.8 Order of Business. The order of business at all annual meetings of the Owners shall
be as follows:
a. Roll call.
b. Proof of notice of meeting or waiver of notice.
c. Reading minutes of preceding meeting.
d. Report of officers.
e. Report of committees.
f. Designation of regular date for annual meetings (if necessary)
g. Election of Board.
h. Unfinished business.
i. New business.
j. Open forum.
k. Announcement of date, time and place of the organizational meeting of new
Board.
l. Adjournment.
SECTION 5 ANNUAL REPORT
After expiration or earlier termination of the Declarant Control Period, the Association shall
prepare an annual report, a copy of which shall be provided to each Owner at or prior to the annual
meeting. The report shall contain, at a minimum:
5.1 Capital Expenditures. A statement of any capital expenditures in excess of two
percent of the AssociationÓs current budget or five thousand dollars ($5,000.00), whichever is
greater, approved by the Association for the current year or succeeding two (2) fiscal years, and
copies of paid invoices and a check register report including check number, payee, amount and
description of the purpose for each such expenditure.
5.2 Reserve Funds. A statement of the associationÓs total replacement reserves, the
components of the Property for which the reserves are set aside, and the amounts of the reserves,
if any, that the Board has allocated for the replacement of each of the components;
5.3 Financial Statements. A copy of the statement of revenues and expenses for the
Association s last fiscal year, and a balance sheet and check register report including check number,
payee, amount and description of the purpose for each such expenditure as of the end of said fiscal
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year.
5.4 Litigation and Judgments. A statement of the status of any pending litigation or
judgments to which the Association is a party.
5.5 Insurance. A detailed description of the insurance coverage provided by the
Association, including a statement as to which, if any, of the items referred to in Section 515B.3-
113(b) of the Act are covered. Evidence of such coverage and copies of the applicable policies
shall be made available by the Association and emailed annually to Owners upon request.
5.6 Status of Assessments. A statement of the total past due Assessments on all Units,
current as of not more than sixty days prior to the date of the meeting.
SECTION 6 BOARD OF DIRECTORS
6.1 Number and Qualification. The affairs of the Association shall be governed by a
Board of Directors (the ÐBoardÑ). The Board shall be composed of three (3) directors. Each of the
directors shall have the same rights and obligations, except as otherwise provided by the Governing
Documents. Except as provided herein, a majority of the directors shall be Owners, or officers or
employees of an Owner that is a legal entity rather than a natural person, and no two directors may
be Owners of the same Unit, or affiliates of the same Owner if the Owner is other than a natural
person.
6.2 Term of Office and Election. The election and terms of office of the members of the
Board shall be as follows:
6.2.1 During the Declarant Control Period, the Board shall consist of the three (3)
directors designated in the Articles of Incorporation, who need not be Owners, and who
shall serve until replaced or until the initial organizational meeting of the Owners which
shall occur after the earliest of: (i) voluntary surrender of control by Declarant; (ii) after
conveyance to Owners other than Declarant of seventy-five percent (75%) of the total
number of Units authorized to be included in the Property or (iii) the date five (5) years
following the date of the first conveyance of a Unit to an Owner other than Declarant.
Notwithstanding the foregoing, the Owners other than Declarant shall have the right to
nominate and elect not less than thirty-three and one-third percent (33.3%) of the Board at
a meeting of the Owners which shall be held within sixty (60) days following conveyance
by Declarant of fifty percent (50%) of the total number of Units authorized to be included
within the Property.
6.2.2 Upon expiration of the Declarant Control Period, Declarant shall schedule a
meeting of the Owners at which the Board appointed by the Declarant shall resign and the
Owners shall elect three (3) directors. The candidate receiving the most votes shall be
elected for a term of three (3), the candidate receiving the second-most votes shall be elected
for a term of two (2) years, and the candidate receiving the next most votes shall be elected
for a term of one (1) year. Each term of office thereafter shall be two (2) years and shall
expire upon the election of a successor director at the appropriate annual meeting of the
Owners; provided, that a director shall continue in office until a successor is elected.
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6.2.3 Prior to each annual meeting, the Owners of Units shall nominate a number
of nominees sufficient to fill the expiring terms of directors, or such greater number of
nominees as said Owners deem appropriate. Owners entitled to cast votes must cast their
votes for a sufficient number of nominees to fill the open director positions. A number of
nominees equal to the number of open director positions, and receiving the greatest numbers
of votes, shall be elected, notwithstanding that one or more of them does not receive a
majority of the votes cast. At the first election, unless otherwise unanimously agreed by the
elected directors, the nominee or nominees receiving the greatest numbers of votes shall fill
the longer terms. A director appointed or elected to fill an uncompleted term shall serve
until the natural termination of that term, unless removed in accordance with these Bylaws.
All directors must be in good financial and legal standing with the Association to remain a
director or be elected as a director.
6.3 Nominations. Following the Declarant Control Period, nominations for election to
the Board at each annual meeting may be made by the Board, a nominating committee appointed
by the Board or an Owner.All nominations shall be consistent with the requirements of this Section
6, and shall be made only with the consent of the nominee.
6.4 Powers. The Board shall have all powers necessary for the administration of the
affairs of the Association, and shall exercise for the Association all powers and authority vested in
or delegated to the Association (and not expressly prohibited or reserved to the Owners) by law or
by the Governing Documents. The powers of the Board shall include, without limitation, the power
to:
6.4.1adopt, amend and revoke Rules not inconsistent with the Governing
Documents, as follows: (i) regulating the use of the Common Elements; (ii) regulating the
use of the Units, and the conduct of Owners and Occupants, which may jeopardize the
health, safety or welfare of other Owners and Occupants, which involves noise or other
disturbing activity, or which may damage the Common Elements or other Units; (iii)
regulating or prohibiting animals; (iv) regulating changes in the appearance of the Common
Elements and conduct which may damage the Property; (v) regulating the exterior
appearance of the Property, including, for example, balconies and patios, window
treatments, signs, and other displays regardless of whether inside a Unit; (vi) implementing
the Governing Documents, and exercising the powers granted by this Section; and (vii)
otherwise facilitating the operation of the Property;
6.4.2 adopt and amend budgets for revenues, expenditures and reserves, levy and
collect Assessments, and foreclose Assessment liens incidental to its collection efforts;
6.4.3 hire and discharge managing agents and other employees, agents and
independent contractors;
6.4.4 subject to the limitations set forth in the Declaration, institute, defend or
intervene in litigation or administrative proceedings (i) in its own name on behalf of itself
or two or more Owners on matters affecting the Common Elements or other matters
affecting the Property or the Association, or (ii) with the consent of the Owners of the
affected Units, on matters affecting only those Units;
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6.4.5 make contracts and incur liabilities;
6.4.6 regulate the use, maintenance, repair, replacement and modification of the
Common Elements and the Units;
6.4.7 cause improvements to be made as a part of the Common Elements;
6.4.8 acquire, hold, encumber and convey in its own name any right, title or interest
to real estate or personal property, subject to the requirements of the Act for the conveyance
or encumbrance of the Common Elements;
6.4.9 grant or amend easements, leases and licenses through, over and under the
Common Elements, for public and private roadways, utilities and other public purposes,
and for public and private cable, internet, satellite and other electronic communications
systems, and to grant or amend other easements, leases and licenses through, over or under
the Common Elements if (i) expressly authorized by the Declaration or MCIOA or (ii)
approved by a majority vote of the Owners other than Declarant;
6.4.10 impose and receive any payments, fees or charges for the use, rental,
or operation of the Common Elements (other than Limited Common Elements) and for
services or amenities provided to Owners;
6.4.11 impose charges for late payment of Assessments and, after notice and
an opportunity to be heard, levy reasonable fines for violations of the Governing
Documents, the Rules or the Act;
6.4.12 borrow money, and encumber or pledge the assets of the Association
as security therefor; provided, that any borrowings in any twelve month period which
exceed, in aggregate, twenty percent of the AssociationÓs then current annual budget, shall
require approval by a majority vote of the Owners other than Declarant;
6.4.13 impose reasonable charges for the review, preparation and recording
of amendments to the Governing Documents, resale disclosure certificates required by
Section 515B.4-107 of the Act, statements of unpaid Assessments, or furnishing copies of
Association records;
6.4.14 provide for the indemnification of its officers, directors and committee
members, and maintain directors and officers liability insurance;
6.4.15 provide for reasonable procedures governing the conduct of meetings
and the election of directors;
6.4.16 appoint, regulate and dissolve committees; and
6.4.17 exercise any other powers conferred by law or the Governing
Documents, or which are necessary and proper for the governance of the Association.
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6.5 Meetings and Notices. An annual meeting of the Board shall be held promptly
following each annual meeting of the Owners. At each annual meeting of the Board, the officers of
the Association shall be elected.
6.5.1 Upon expiration of the Declarant Control Period, Regular meetings of the
Board shall be held at least on a quarterly basis, at such times as may be fixed from time to
time by a majority of the directors, provided however that a scheduled quarterly meeting of
the Board may be waived upon unanimous approval of the directors so long as the prior
quarterly meeting was held. A schedule, or any amended schedule, of the regular meetings
shall be provided to the directors, and posted or published for the information of Owners,
to the extent required by Section 6.5.5.
6.5.2 Special meetings of the Board shall be held when called (i) by the President,
or (ii) by the Secretary within ten days following the written request of a majority of the
directors. Notice of any special meeting shall be given to each director not less than three
days in advance thereof, subject to Section 6.5.5. Notice to a director shall be deemed to be
given when deposited in the United States mail postage prepaid to the Unit address of such
director, or when sent via electronic means to the address on file with the Association, or
when personally delivered, orally or in writing, by a representative of the Board.
6.5.3 Any director may at any time waive notice of any meeting of the Board orally,
in writing, or by attendance at the meeting. If all the directors are present at a meeting of
the Board, no notice shall be required, and any business may be transacted at such meeting.
6.5.4 A conference among directors by a means of communication through which
all directors can simultaneously hear each other during the conference is a Board meeting,
if (i) the same notice is given for the conference as would be required for a meeting, and
(ii) the number of directors participating in the conference is a quorum. Participation in a
meeting by this means is personal presence at the meeting.
6.5.5 Except as otherwise provided in this Section or by law, meetings of the Board
must be open to the Owners. To the extent practicable, the Board shall give reasonable
notice to the Owners of the date, time, and place of a Board meeting. If the date, time and
place of meetings are provided for in the Governing Documents, announced at a previous
meeting of the Board, posted in a location accessible to the Owners and designated by the
Board from time to time, or if an emergency requires immediate consideration of a matter
by the Board, notice is not required. Notice has the meaning given in Section 11.1.
Notwithstanding the foregoing, meetings may be closed at the discretion of the Board to
discuss the following:
6.5.5.1 personnel matters;
6.5.5.2 pending or potential litigation, arbitration or other potentially
adversarial proceedings between Owners, between the Board or the Association and
Owners, or other matters in which any Owner may have an adversarial interest, if
the Board determines that closing the meeting is necessary to discuss strategy or to
otherwise protect the position of the Board or Association or the privacy of an
Owner or Occupant; or
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6.5.5.3 criminal activity arising within the common interest
community if the Board determines that closing the meeting is necessary to protect
the privacy of the victim or that opening the meeting would jeopardize investigation
of the activity.
The minutes of and the documentation discussed or submitted at such closed meeting may
be kept confidential and need not be made available for review or copying pursuant to
Section 8.5. Nothing in this Section imposes a duty on the Board to provide special facilities
for meetings. The failure to give notice as required by this Section shall not invalidate the
Board meeting or any action taken at the meeting, but shall not impair the OwnersÓ rights
to exercise other remedies against the directors.
6.6 Quorum and Voting. A majority of the directors constitutes a quorum for the
transaction of business at any meeting of the Board. A quorum, once established, continues to exist,
regardless of the subsequent departure of any director. Each director has one vote. The vote of a
majority of the directors present at any meeting at which a quorum is present is sufficient to adopt
any action. Proxies are not permitted.
6.7 Action Taken Without a Meeting. The Board shall have the right to take any action
in the absence of a meeting which it could take at a meeting when authorized in a writing signed by
all the directors; provided, that a copy of the proposed written action is given to all directors for
review prior to its signing.
6.8 Vacancies. A vacancy on the Board due to resignation, or death or some other
involuntary event which renders a director physically or mentally unable to serve, shall be filled by
a person elected within thirty days following the occurrence of the vacancy by a majority vote of
the remaining directors, regardless of their number. Each person so elected shall serve out the term
vacated.
6.9 Removal. A director may be removed from the Board, with or without cause, by a
majority vote at any annual or special meeting of the Owners; provided, (i) that the notice of the
meeting at which removal is to be considered states such purpose; (ii) that the director to be
removed has a right to be heard at the meeting; (iii) that a new director is elected at the meeting by
the Owners to fill the vacant position caused by the removal; and (iv) that the vote include a
majority of the votes cast by Owners. A director may also be removed by the Board if such director
(i) has more than two unexcused absences from Board meetings and/or Owners meetings during
any twelve month period, or (ii) is more than sixty days past due with respect to the payment of
Assessments levied against the directorÓs Unit.
6.10 Compensation. Except as authorized by a vote of the Owners at a meeting thereof,
the directors shall receive no compensation for their services in such capacity. Directors may be
reimbursed for out-of-pocket expenses incurred in the performance of their duties. A director or an
entity in which the director has an interest may, upon approval by the Board, be reasonably
compensated under a contract for goods and services furnished to the Association in a capacity
other than as a director; provided (i) that the contract is approved by a majority vote of the Board,
excluding the interested director, and (ii) that the director s interest is disclosed to the Board prior
to approval.
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6.11 Fidelity Bond. Fidelity bonds or insurance coverage for unlawful taking of
Association funds shall be obtained and maintained as provided in the Declaration on all directors
and officers authorized to handle the Association s funds or other monetary assets.
6.12 Standards of Conduct. In the spirit of fairness, it is the duty of each member of the
Board to represent the entire Maple Shores community for the good of the community as a whole.
Accordingly, each Board director shall discharge the duties of the position of director in good faith,
in a manner that the director reasonably believes to be in the best interests of the Association as a
whole, and with the care an ordinarily prudent person in a like position would exercise under similar
circumstances.
SECTION 7 OFFICERS
7.1 Principal Officers. The principal officers of the Association shall be a President, a
Vice President, a Secretary and a Treasurer, all of whom shall be elected by the directors. The
Board may from time to time elect such other officers and designate their duties as in their judgment
may be necessary to manage the affairs of the Association. A person may hold more than one office
simultaneously, except those of President and Vice President. Only the President and Vice
President must be members of the Board. Owners of the same Unit, or affiliates of the Owner if
the Owner is other than a natural person, may not simultaneously serve as officers of the
Association unless unanimously elected by the Board.
7.2 Election. The officers of the Association shall be elected annually by the Board at its
annual meeting and shall hold office at the pleasure of the Board.
7.3 Removal. Upon an affirmative vote of a majority of the members of the Board, any
officer may be removed, with or without cause, and a successor elected, at any regular meeting of
the Board, or at any special meeting of the Board called for that purpose.
7.4 President. The President shall be the chief executive officer of the Association, and
shall preside at all meetings of the Board and the Association. The President shall have all of the
powers and duties which are customarily vested in the office of president of a corporation, including
without limitation the duty to supervise all other officers and to execute all contracts and similar
obligations on behalf of the Association. The President shall have such other duties as may from
time to time be prescribed by the Board.
7.5 Vice President. The Vice President shall take the place of the President and perform
the duties of the office whenever the President shall be absent or unable to act. The Vice President
shall also perform such other duties as shall from time to time be prescribed by the Board.
7.6 Secretary-Treasurer. The Secretary-Treasurer is responsible for recording the
minutes of all meetings of the Board and the Association. The Secretary-Treasurer shall be
responsible for keeping current books and records of the Association, including records showing
the Owners of Units, together with their address and contact information, and shall give all notices
required by the Governing Documents or the Act unless directed otherwise by the Board. The
Secretary-Treasurer shall be responsible for Association funds and securities and shall be
responsible for keeping the AssociationÓs financial books, Assessment rolls, and accounts, and
filing the AssociationÓs tax returns. The Secretary-Treasurer shall sign all checks and shall be
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responsible for the deposit of all monies and valuable effects in the name and to the credit of the
Association in such depositories as may from time to time be designated by the Board. The Board
may delegate the Secretary-TreasurerÓs administrative functions to a manager or agent.
7.7 Compensation. Except as authorized by a vote of the Owners at a meeting thereof,
officers shall receive no compensation for their services in such capacity. Officers may be
reimbursed for out-of-pocket expenses incurred in the performance of their duties. An officer or
an entity in which the officer has an interest may be reasonably compensated under a contract for
goods and services furnished to the Association in a capacity other than as an officer; provided
(i) that the contract is approved by a majority vote of the Board, excluding the interested party, and
(ii) that the officer s interest is disclosed to the Board prior to approval.
7.8 Standards of Conduct. In the spirit of fairness, it is the duty of each officer to
represent the entire Maple Shores community for the good of the community as a whole.
Accordingly, each Association officer shall discharge the duties of the position of officer in good
faith, in a manner that the officer reasonably believes to be in the best interests of the Association
as a whole, and with the care an ordinarily prudent person in a like position would exercise under
similar circumstances.
SECTION 8 OPERATION OF THE PROPERTY
8.1 Assessment Procedures. The Board shall annually prepare and approve a budget of
Common Expenses for the Association and assess such Common Expenses against the Units
according to their respective allocations of Common Expense obligations as set forth in the
Declaration and as further provided in the Act, subject to any limitations contained in the
Declaration or the Act, and to the following:
8.1.1 Subject DeclarantÓs alternate assessment rights, Board shall fix the amount
of the annual Assessment against each Unit, levy the Assessment and advise the Owners in
writing of the Assessment at least thirty days prior to the beginning of the AssociationÓs
fiscal year when the first Assessment installment shall be due. The failure of the Board to
timely levy an annual Assessment shall not relieve the Owners of their obligation to
continue paying Assessment installments in the amount currently levied, as well as any
increases subsequently levied.
8.1.2 The Board may amend the budget and Assessments, or levy a special
Assessment or limited Assessment, at any time. The levy shall be deemed to occur upon the
date specified in the resolution which fixes the Assessment.
8.1.3 The Board may (or must in certain cases) levy limited Assessments against
only certain Units under the Declaration. Such Assessments may be included in the annual
Assessments levied against the affected Units or may be levied separately during the year.
Such Assessments are not annual or special Assessments within the meaning of the
Governing Documents, and are not subject to any limitations on those Assessments.
8.1.4 The annual budget shall include all customary and necessary operating
expenses, a general operating reserve, and an adequate reserve fund for replacement of the
Common Elements and any parts of the Units that the Association is obligated to replace.
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8.1.5The Association shall furnish copies of each budget on which the
Assessment is based to Declarant, an Owner or to any Mortgagee, upon request of such
Person.
8.2 Payment of Assessments. Annual Assessments shall be due and payable in monthly
or quarterly installments, as established by the Board, in advance on the first day of each month of
the year or other period for which the Assessments are made, and special Assessments or limited
Assessments shall be due when designated by the Board. Except as provided in the Declaration, all
Owners shall be absolutely and unconditionally obligated to pay the Assessments and no Owner or
Occupant shall have any right of withholding, offset or deduction against the Association with
respect to any Assessments, late charges, interest or costs of collection, regardless of any claims
alleged against the Association or its officers or directors. Any rights or claims alleged by an Owner
may be pursued only by separate action.
8.3 Default in Payment of Assessments. If any Owner does not make payment on or
before the date when any Assessment or installment thereof is due, subject to such grace periods as
may be established, the Board may assess, and the Owner shall be obligated to pay, a late charge
as provided in the Declaration for each such unpaid Assessment or installment thereof, together
with all expenses, including reasonable attorneysÓ fees and other professional fees and costs,
incurred by the Board in collecting any such unpaid Assessment.
8.3.1 If there is a default of more than thirty days in payment of any Assessment,
the Board may accelerate any remaining installments of the Assessment upon prior written
notice thereof to the Owner, as provided in the Declaration, and the entire unpaid balance
of the Assessment and late charges shall become due and payable upon the date stated in
the notice unless all past due amounts, late charges, fines, reasonably attorneysÓ fees and
other professional fees and costs incurred by the Board, are paid prior to said date.
8.3.2 The Board shall use its best efforts to collect all Assessments, together with
any charges, attorneysÓ fees and other professional fees and costs or expenses relating to
the collection thereof. In addition, the Board shall use commercially reasonable efforts to
recover any and all collection or contingency fees or costs charged to the Association by a
collection agency or other Person acting on behalf of the Association in collecting any
unpaid Assessments.
8.3.3 Upon written request of an Owner or Eligible Mortgagee of a Unit, notice of
a default of more than sixty days in payment of any Assessment or installment thereof or
any other default in the performance of obligations by the Owner shall be given in writing
to the Mortgagee or Eligible Mortgagee of such Owner s Unit.
8.3.4 The rights and remedies referred to herein shall not limit the remedies
available to the Association under the Declaration or by law.
8.4 Foreclosure of Liens for Unpaid Assessments. The Association has the right to
foreclose a lien against a Unit for Assessments imposed by the Association, as more fully described
in the Declaration and the Act.
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8.5 Records. The Board shall cause to be kept at the registered office of the Association,
and at such other place as the Board may determine, records of the actions of the Board, minutes of
the meetings of the Board, minutes of the meetings of the Owners, names of the Owners and
Eligible Mortgagees, and detailed and accurate records of the receipts and expenditures of the
Association. With the exception of records that may be privileged information, all Association
records, including receipts and expenditures and any vouchers authorizing payments, shall be
available for examination by the Owners and the Eligible Mortgagees upon reasonable notice and
during normal business hours. Separate accounts shall be maintained for each Unit setting forth the
amount of the Assessments against the Unit, the date when due, the amount paid thereon and the
balance remaining unpaid.
8.6 Financial Review. The Board shall cause the financial records of the Association to
be reviewed by an independent certified public accountant on an annual basis, pursuant to the
requirements of Section 515B.3-121 of the Act. The review requirement may be waived, on an
annual basis, by the vote of Owners holding at least thirty percent of the total votes in the
Association; however, the Board may require the review or an audit notwithstanding a waiver vote.
The waiver must be approved prior to sixty days after the end of the AssociationÓs fiscal year. A
copy of the Association s financial statements shall be delivered to all Members within one hundred
eighty days after the end of the Association s fiscal year, as required by the Act.
8.7 Enforcement of Obligations. All Owners and Occupants and their guests are
obligated and bound to observe the provisions of the Governing Documents, the Rules and the Act.
The Association may impose any or all of the charges, sanctions and remedies authorized by the
Governing Documents, the Rules or by law to enforce and implement its rights and to otherwise
enable it to manage and operate the Association.
8.8 Maintenance. The Board of shall prepare and approve a written preventative
maintenance plan, maintenance schedule, and maintenance budget for the Common Elements that
the Association shall follow. The Board may amend, modify, or replace an approved preventative
maintenance plan or an approved maintenance schedule from time to time. The Association shall
provide all Owners with a paper copy, electronic copy, or electronic access to the preventative
maintenance plan, the maintenance schedule, and any amendments or modifications to or
6
replacements of the preventative maintenance plan and the maintenance schedule.
SECTION 9 AMENDMENTS
These Bylaws may be amended, and the amendment shall be effective, upon the satisfaction
of the following conditions:
9.1 Approval. The amendment must be approved by Owners who have authority to cast
a majority of the total votes in the Association, in writing or at a duly held meeting of the
Owners; subject to the approval of Eligible Mortgagees if required by the Declaration.
9.2 Notice. A copy of the proposed amendment and, if a meeting is to be held, notice of
such meeting, shall be mailed by U.S. mail, or hand delivered, to all Owners authorized to cast
votes.
9.3 Effective Date. The amendment shall be effective on the date of approval by the
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required parties and need not be recorded.
SECTION 10 INDEMNIFICATION
The Association shall, to the extent the alleged liability is not covered by insurance,
indemnify every individual acting in any official capacity on behalf of the Association, pursuant to
the provisions of Minnesota Statutes Section 317A.521.
SECTION 11 MISCELLANEOUS
11.1 Notices. Unless specifically provided otherwise in the Act, the Declaration or these
Bylaws, all notices required to be given by or to the Association, the Board, or the Owners or
Occupants shall be in writing and shall be effective upon hand delivery, or upon mailing if properly
addressed with postage prepaid and deposited in the United States mail; except that registrations
pursuant to Section 2.2 shall be effective upon receipt by the Association.
11.2 Severability. The invalidity or unenforceability of any part of these Bylaws shall not
impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws.
11.3 Captions. The captions herein are inserted only as a matter of convenience and for
reference and in no way limit or proscribe the scope of these Bylaws or the intent of any provision
hereof.
11.4 Conflicts in Documents. In the event of any conflict among the provisions of the Act,
the Declaration, these Bylaws or the Rules, the Act shall control unless it permits one or more of
the Governing Documents to control. As among the Declaration, these Bylaws and the Rules, the
Declaration shall control, and as between these Bylaws and the Rules, these Bylaws shall control.
11.5 Waiver. No restriction, condition, obligation or provision contained in these Bylaws
shall be deemed to have been abrogated or waived by reason of any failure to enforce the same,
irrespective of the number of violations or breaches thereof which may occur.
11.6 No Corporate Seal. The Association shall have no corporate seal.
11.7 Fiscal Year. The fiscal year of the Association shall be as determined by the Board.
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The undersigned certifies that these Bylaws were adopted by the first Board of Directors
of Maple Shores Homeowners Association, a Minnesota nonprofit corporation, effective as of the
date hereof.
Dated: ______________
Secretary
Maple Shores Homeowner Association
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_____________________________________________________________________________________
(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO. _______
(Planned Community)
MAPLE SHORES
DECLARATION
This Declaration is made in the County of Hennepin, State of Minnesota, on this _______ day of
___________, 2023, by Chamberlain Capital LLC, a Minnesota limited liability company (the
Ð Declarant Ñ), pursuant to the provisions of Minnesota Statutes Chapter 515B, known as the Minnesota
Common Interest Ownership Act (the Ð Act Ñ), for the purpose of creating Maple Shores as a planned
community under the Act.
WHEREAS, Declarant is the owner of interests in certain real property located in Hennepin
County, Minnesota, legally described in Exhibit A attached hereto, and desires to submit said real
property and all improvements thereon and appurtenances thereto (collectively the Ð Property Ñ) to the Act
as a planned community; and
WHEREAS, Declarant desires to establish on the Property a plan for a permanent residential
community to be owned, occupied and operated for the use, health, safety and welfare of its resident
Owners and Occupants, and for the purpose of preserving the value, structural quality, and the original
architectural character of the Property; and
WHEREAS, the Property includes rights pertaining to certain shoreland, as that term is defined
in Minnesota Statutes Section 103F.205, and may therefore be subject to county, township, or municipal
ordinances or rules affecting the development and use of such shoreland area; and
WHEREAS, the Property is not subject to an ordinance referred to in Section 515B.1-106 of the
Act, governing conversions to common interest ownership, and is not subject to a master association as
defined in the Act; and
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NOW, THEREFORE, Declarant makes this Declaration and subjects the Property to the Act
under the name ÐMaple ShoresÑ, consisting of the Units referred to in Section 2 and Common Elements
referred to in Section 3, and declaring that this Declaration shall constitute covenants to run with the
Property, and that the Property shall be owned, used, occupied, and conveyed subject to the covenants,
restrictions, easements, liens and charges set forth herein; all of which shall be binding upon all Persons
owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors
and assigns. For this purpose and those set forth above, which are incorporated as though fully set forth
herein, Declarant hereby declares as follows:
SECTION 1
DEFINITIONS
The following words when used in the Governing Documents shall have the following meanings
(unless the context indicates otherwise):
1.1 ÐAssessmentÑ means an assessment levied by the Association pursuant to Section 6,
including annual Assessments, special Assessments and limited Assessments.
1.2 ÐAssociationÑ means Maple Shores Homeowners Association, a nonprofit corporation
which has been created pursuant to Chapter 317A of the laws of the state of Minnesota
and Section 515B.3-101 of the Act, whose members consist of all Owners.
1.3 ÐAssociation Maintenance AreasÑ means those portions of the Property, including
portions of Units and Dwellings, as to which responsibility for Maintenance is
exclusively allocated to the Association as provided herein, even though such portions of
the Property may not constitute Common Elements or Limited Common Elements of the
Property. As further described in Section 8 below, the Association Maintenance Areas
generally include: (i) all portions of the Units located outside of the Dwellings, including
yards, landscaping, and hardscaped areas, including the Driveway Areas; (ii) the exterior
surfaces, finishes, and components of each Dwelling, but not including the Interior
Courtyard Area of such Dwelling; (iii) utility lines running from a Dwelling to the point
of connection with public mains; and (iv) all other portions of the Property listed as
Association Maintenance Areas in this Declaration or the Rules and Regulations.
1.4 ÐBoardÑ means the Board of the Directors of the Association as provided for in the
Bylaws.
1.5 ÐBuildingÑ means any building constructed upon a Unit or Units, as depicted on the Plat
and containing a Dwelling or Dwellings.
1.6 ÐBylawsÑ mean the bylaws governing the operation of the Association, as amended from
time to time.
1.7 ÐCommon ElementsÑ means all parts of the Property except the Units, including all
improvements thereon. The Common Elements are legally described upon Exhibit C
attached hereto.
1.8 ÐCommon ExpensesÑ means all expenditures made or liabilities incurred by or on behalf
of the Association and incident to its operation, including without limitation, the
AssociationÓs costs of Maintenance of the Common Areas and the Association
Maintenance Areas of the Property, allocations to reserves and those items otherwise
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identified as Common Expenses in the Declaration or Bylaws and allocated to the Units
in accordance with Section 4.2 below.
1.9 ÐDeclarant Control PeriodÑ means the time period during which Declarant has the
exclusive right to appoint the members of the Board, as described in Section 15.
1.10 ÐDriveway AreaÑ means, for each Unit, the portion of the Property containing the
improved driveway for the Unit and lying between the exterior line of the Dwelling
within such Unit and the access drive within the Common Elements. The Driveway Area
includes a portion of the Unit upon which it is situated, as a designated Association
Maintenance Area, and also includes a portion of the Limited Common Elements
containing the driveway apron and allocated to such Unit for such purpose. A Driveway
Area connects each Unit to the access road for ingress and egress to the Radisson Road
public right of way.
1.11 ÐDwellingÑ means the Building or portion of a Building, including attached garage space
within said Building, lying within the boundaries of a Unit and designated and intended
for occupancy as a single family residence.
1.12 ÐEligible MortgageeÑ means any Person that owns a first-priority mortgage on any Unit
and has requested in writing that the Association notify it regarding any proposed action
which requires approval by a specified percentage of Eligible Mortgagees.
1.13 ÐGoverning DocumentsÑ means this Declaration, and the Articles of Incorporation and
Bylaws of the Association, as amended from time to time, all of which shall govern the
use and operation of the Property.
1.14 ÐInterior Courtyard AreaÑ means the at-grade enclosed space within each Dwelling
located immediately inside the front walk entrance gate and surrounded by exterior walls
separating it from the interior living areas and interior garage area of such Dwelling. An
Interior Courtyard Area includes the exterior wall surface materials and finishes and the
roof curbing features and solarium glass and other roof assemblies, and the materials, and
components of the foregoing as the same may be installed within such area or affixed
thereto.
1.15 ÐLimited Common ElementsÑ means a portion of the Common Elements allocated by the
Declaration or by operation of Section 515B.2-109 of the Act for the exclusive use of one
or more, but fewer than all, of the Units.
1.16 ÐMaintenanceÑ means maintenance, repair, and replacement.
1.17 ÐMemberÑ means a Person who is a member of the Association by reason of being an
Owner. The words ÐOwnerÑ and ÐMemberÑ may be used interchangeably in the
Governing Documents.
1.18 ÐOccupantÑ means any Person or Persons, other than an Owner, in possession of or
residing in a Unit.
1.19 ÐOwnerÑ means a Person who owns a Unit, but excluding contract for deed vendors,
mortgagees, holders of reversionary interests in life estates and other secured parties
within the meaning of Section 515B.1-103(31) of the Act. The term ÐOwnerÑ includes,
without limitation, contract for deed vendees and holders of a life estate.
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1.20 ÐParty WallÑ means the interior shared wall between two Units.
1.21ÐPersonÑ means a natural individual, corporation, limited liability company, partnership,
limited liability partnership, trustee or other legal entity capable of holding title to real
property.
1.22 ÐPlatÑ means the recorded plat depicting the Property pursuant to the requirements of
Section 515B.2-1101(c) of the Act, including any amended or supplemental Plat recorded
from time to time, in accordance with the Act.
1.23 ÐPropertyÑ means all of the real property subjected to this Declaration, now or in the
future, including the Units and all other structures and improvements located thereon.
1.24 ÐRules and RegulationsÑ means the Rules and Regulations of the Association as
approved from time to time pursuant to Section 5.6.
1.25 ÐSpecial Declarant RightsÑ means those exclusive rights reserved to Declarant as
described in Section 15.
1.26 ÐUnitÑ shall mean a physical portion of the Property, designated for separate ownership,
the boundaries of which are delineated on the Plat and described in Section 2.
Any terms used in the Governing Documents, and defined in the Act and not in this Section, shall have
the meaning set forth in the Act. References to Section numbers refer to the Sections of this Declaration
unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS AND BOUNDARIES
2.1 Units. There are seven (7) Units on the Property. All Units are restricted exclusively to
residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be created
by the subdivision or conversion of Units pursuant to Section 515B.2-112 of the Act, and no Units may
be added, except as provided in Section 16. The Unit identifier for each Unit shall be its lot and block
numbers and the subdivision name as shown on the Plat.
2.2 Unit Boundaries. The front, rear, and side boundaries of each Unit shall be its lot lines as
designated on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section and
Section 3.2 all spaces, fixtures, and improvements located within the boundaries of a Unit are part of the
Unit.
2.3 Appurtenant Easements. The Units shall be subject to and benefited by the easements
described in Section 11.
SECTION 3
COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY
3.1 Common Elements. The Common Elements and their characteristics are as follows:
3.1.1 All of the Property not included within the Units constitutes Common Elements,
including but not limited to, for purposes of illustration, the curbs and asphalt of the access drive and
parking areas and utility infrastructure lying thereunder, the driveway aprons of the individual
driveways, the wetland buffer and stormwater ponding areas, and all other improvements, features,
4
areas, rights, and appurtenances benefiting or accruing to the Property, including but not limited to
the appurtenant easement for beach bathing purposes over and upon Lot 11, Radisson Inn Addition,
which rights shall accrue to and comprise a portion of the Common Elements, and shall not accrue to
the individual Units created herein. The Common Elements likewise include those parts of the
Property designated as Common Elements in this Declaration, on the Plat, or in the Act. The
Common Elements are owned by the Association for the benefit of the Owners and Occupants.
3.1.2 The Common Elements shall be subject to (i) the easements and rights described
or reserved in this Declaration, the Plat and any other recorded instrument; (ii) the rights of Owners
and Occupants in Limited Common Elements appurtenant to their respective Units; and (iii) the right
of the Association to establish reasonable Rules and Regulations governing the use of the Property.
3.1.3 Except as otherwise expressly provided in the Governing Documents, all
Maintenance, management, and operation of the Common Elements shall be the responsibility of the
Association.
3.1.4 Common Expenses for the Maintenance, management and operation of the
Common Elements shall be assessed and collected from the Owners in accordance with Section 6.
3.2 Limited Common Elements. The Limited Common Elements are those parts of the
Common Elements designated for the exclusive use of the Owners and Occupants of the Units to which
they are allocated. The rights to the use and enjoyment of the Limited Common Elements are
automatically conveyed with the conveyance of such Units. The Limited Common Elements are
described and allocated to the Units, subject to the rights of the Association as set forth in this
Declaration, the Bylaws or the Act, as follows:
3.2.1 Those areas and items designated as Limited Common Elements on the Plat or by
the Act are allocated to the Units as indicated in those documents.
3.2.2 Chutes, flues, ducts, pipes, wires, conduit or other utility installation, bearing
walls, bearing columns, Party Walls, or any other components or fixtures lying partially within
and partially outside the boundaries of a Unit, and serving only that Unit, are allocated to the Unit
which they serve. Any portion of such installations serving or affecting the function of the
Common Elements is a part of the Common Elements, but is not a Limited Common Element.
3.2.3 A utilities system serving only a certain Unit or Units, and located wholly or
partially outside the UnitÓs boundaries, is allocated to the Unit or Units which it serves.
SECTION 4
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS
Membership in the Association and the allocation to each Unit of a portion of the votes in the
Association and a portion of the Common Expenses of the Association shall be governed by the following
provisions:
4.1 Membership. Each Owner shall be a Member of the Association by virtue of Unit
ownership, and the membership shall be transferred with the conveyance of the OwnerÓs interest in said
Unit. An OwnerÓs membership shall terminate when the OwnerÓs ownership terminates. When more
than one Person is an Owner of a Unit, all such Persons shall be Members of the Association, but multiple
ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division
of the voting rights. Membership in the Association is mandatory.
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4.2 Allocation of Voting and Common Expenses. The voting power in the Association and
the Common Expenses of the Association are allocated among the Units on the basis of equality.
Accordingly, each Unit shall be entitled to one (1) vote in the Association, and each Unit shall have an
equal fractional share of the Common Expenses of the Association, where the numerator of that fraction
is one (1) and the denominator is the total number of Units on the Property. Certain expenses may,
however, be assessed against a certain Unit or Units pursuant to Section 6 below and as provided under
Section 515B.3-1151(e) of the Act.
4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting
rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests,
and the title to the Units, shall not be separated or conveyed separately, and any conveyance,
encumbrance, judicial sale or other transfer of any allocated interest in a Unit, separate from the title to
the Unit, shall be void. The allocation of the rights, obligations and interests described in this Section
may not be changed, except in accordance with the Governing Documents and the Act.
4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on
behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit, at meetings
of the Association. However, if there are multiple Owners of a Unit, only one of the Owners or other
Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of
Owners are more fully described in the Bylaws.
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not limited to
the acts required of the Association, shall be governed by the following provisions:
5.1 General. The operation and administration of the Association and the Property shall be
governed by the Governing Documents, the Rules and Regulations, and the Act. The Association shall,
subject to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for
the operation, management and control of the Property. The Association shall have all powers described
in the Governing Documents, the Act, and the statute under which the Association is incorporated. All
power and authority of the Association shall be vested in the Board, unless action or approval by the
individual Owners is specifically required by the Governing Documents or the Act. All references to the
Association shall mean the Association acting through the Board unless specifically stated to the contrary.
5.2 Operational Purposes. The Association shall operate and manage the Property for the
purposes of (i) administering and enforcing the covenants, restrictions, easements, liens and charges set
forth in the Governing Documents and the Rules and Regulations, (ii) maintaining, repairing and
replacing those portions of the Property for which it is responsible and (iii) preserving the value and the
architectural character of the Property.
5.3 Binding Effect of Actions. All agreements and determinations made by the Association
in accordance with the powers and voting rights established by the Governing Documents or the Act shall
be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives,
successors and assigns, and all secured parties as defined in the Act.
5.4 Bylaws. The Association shall have Bylaws. The Bylaws shall govern the operation and
administration of the Association, and shall be binding on all Owners, Occupants and secured parties.
6
5.5 Management. The Board may delegate to a manager or managing agent the management
duties imposed upon the AssociationÓs officers and directors by the Governing Documents and the Act.
However, such delegation shall not relieve the officers and directors of the ultimate responsibility for the
performance of their duties as prescribed by the Governing Documents and by law.
5.6 Rules and Regulations. The Board shall have exclusive authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose
of operating and administering the affairs of the Association and regulating the use of the Property. The
Rules and Regulations shall not be inconsistent with the Governing Documents or the Act and shall not
unreasonably discriminate as among Units of different types or uses. The inclusion in other parts of the
Governing Documents of authority to approve Rules and Regulations shall be deemed to be in
furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and
Regulations shall be effective only after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds. All funds and real or personal property acquired by
the Association shall be held and used for the benefit of the Owners for the purposes stated in the
Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses
and reserves shall be credited against future assessments or added to reserves, as determined by the
Board.
SECTION 6
ASSESSMENTS
6.1 General. Assessments for Common Expenses shall be determined and assessed against
the Units by the Board, in its discretion; subject to the requirements and procedures set forth in this
Section 6 and the requirements of the Bylaws. Assessments for Common Expenses shall include annual
Assessments under Section 6.2, and may include special Assessments under Section 6.3 and limited
allocation Assessments under Section 6.4. Annual and special Assessments shall be allocated among the
Units pursuant to the allocations set forth in Section 4.2 above, subject to the qualifications provided in
this Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the Board,
subject to the limitations set forth hereafter. Each annual Assessment shall cover all of the anticipated
Common Expenses of the Association for that year. Annual Assessments shall be payable in the manner
established by the Board. Annual Assessments shall provide for, among other things, for an adequate
replacement reserve fund for the Maintenance of the Common Elements and the Association Maintenance
Areas and those parts of the Units for which the Association is responsible.
6.3 Special Assessments. In addition to Annual Assessments, and subject to the limitations
set forth hereafter, the Board may levy in any Assessment year a special Assessment against all Units and
allocated equally among them pursuant to the formula provided in Section 4.2 above. Special
Assessments shall be used for the purpose of defraying in whole or in part the cost of any unforeseen and
unbudgeted Common Expenses and as further provided in Section 515B.3-1141(a) of the Act.
6.4 Limited Assessments. In addition to annual Assessments and special Assessments, the
Board may, at its discretion, levy and allocate limited allocation Assessments among only certain Units in
accordance with the following requirements and procedures:
6.4.1 Any Assessment associated with the Maintenance of a Limited Common Element
shall be assessed exclusively against the Unit or Units to which that Limited Common Element is
assigned.
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6.4.2 Any Assessment or portion thereof benefiting fewer than all of the Units may be
assessed exclusively against the Unit or Units benefited, and shall be allocated among those Units
(i) equally or (ii) based upon the actual cost per Unit, as determined by the Board.
6.4.3 The cost of insurance maintained by the Association will generally be assessed
on an equal basis, but may be assessed in proportion to value, risk or coverage, and the costs of
utilities, if any assessed by the Association, will generally be assessed on an equal basis, but may
be assessed in proportion to usage, or other reasonable allocation, all at the discretion of the
Board.
6.4.4 Reasonable attorneysÓ fees and other costs incurred by the Association in
connection with (i) the collection of Assessments, or (ii) the enforcement of the Governing
Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or their lessees
or guests, may be assessed against the OwnerÓs Unit.
6.4.5 Fees, charges, late charges, fines and interest may be assessed pursuant to
Section 515B.3-116(a) of the Act and as provided in Section 12.
6.4.6 Assessments levied under Section 515B.3-1151(f) of the Act to pay a judgment
against the Association may be levied only against the Units existing at the time the judgment
was entered, in proportion to their Common Expense liabilities.
6.4.7 If any damage or loss to the Common Elements or another Unit is caused by the
act or omission of any Owner or Occupant, or their lessees or guests, the Association may assess
the costs of repairing the damage or remedying the loss or exclusively against the OwnerÓs Unit
to the extent any portion of the loss is not covered by insurance maintained by the Association or
by the Owner or Occupant; provided, that any insurance deductible payable by the Association
may be assessed against the Owner and the Unit of the Owner responsible for the damage. In
addition to any charges payable under the Declaration, the Association may also assess the Owner
and the OwnerÓs Unit for fines that may be applicable under the Rules and Regulations.
6.4.8 If any Assessment or installment of an Assessment becomes more than thirty (30)
days past due, the Association may, upon ten (10) days written notice to the Owner, declare the
entire amount of the Assessment immediately due and payable.
6.4.9 If Common Expense liabilities are reallocated for any purpose authorized by the
Act, Assessments and any installment thereof not yet due shall be recalculated in accordance with
the reallocated Common Expense liabilities.
6.4.10 An Assessment against fewer than all of the units must be levied within three (3)
years after the event or circumstances forming the basis for the assessment, or shall be barred.
Limited allocation Assessments levied under Section 6.4 may, at the BoardÓs discretion, be assessed as
part of, or in addition to, other Assessments levied under Section 6.
6.5 Replacement Reserves. The Association shall include in its annual budgets replacement
reserves projected by the Board to be adequate, together with past and future contributions to replacement
reserves, to fund the replacement of those components of the Units and Common Elements, the
Association is obligated to replace by reason of ordinary wear and tear or obsolescence, subject to the
following:
6.5.1 The amount annually budgeted for replacement reserves shall be adequate,
together with past and future contributions to replacement reserves, to replace the components as
determined based upon the estimated remaining useful life of each component; provided that
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portions of replacement reserves need not be segregated for the replacement of specific
components.
6.5.2 The annual budget need not include reserves for the replacement of (i)
components that have a remaining useful life of more than thirty (30) years, or (ii) components
whose replacement will be funded by a limited Assessment pursuant to Section 6.4, or a special
Assessment pursuant to Section 6.3.
6.5.3 The replacement reserve funds shall be maintained in an account or accounts
separate from operating funds. None of the replacement reserve funds shall be used or borrowed
from to fund operating expenses. The Association may, however, pledge the replacement reserves
as security for a loan to the Association.
6.5.4 The adequacy of the replacement reserves shall be reevaluated at least every third
year after recording of this Declaration.
6.5.5 After termination of the Declarant Control Period, and subject to approval by: (i)
the Board, and (ii) Owners, other than Declarant or its affiliates, of Units to which fifty-one
percent (51%) of the votes in the Association are allocated, the Association need not annually
assess for replacement reserves to replace those components whose replacement is planned to be
paid by special Assessment pursuant to Section 6.3 or by limited Assessment pursuant to Section
6.2. The approval provided for in the preceding sentence shall be effective for no more than the
AssociationÓs current and three following fiscal years, subject to modification or renewal by
approval of: (i) the Board, and (ii) Owners, other than Declarant or its affiliates, of Units to which
fifty-one percent (51%) of the votes in the Association are allocated.
So long as the Board acts in good faith in determining, assessing, and collecting a reserve believed by the
Board at the time it is assessed to be adequate to cover this obligation of the Association, the Board shall
have no responsibility for its decision if, with the passing of time or occurrence of unforeseeable events
beyond the BoardÓs control, it should be determined that the amount of reserves is not adequate to cover
the replacement of those parts of the Property which the Association is obligated to maintain, repair, or
replace.
6.6 Working Capital Fund. There shall be established a working capital fund to meet
unforeseen expenditures or to purchase additional equipment or services during the AssociationÓs
beginning years of operation. The Board shall include in each subsequent annual budget a reasonable
amount of working capital, based upon the anticipated needs of the Association for the year in question.
Upon the initial sale of each Unit by Declarant, the Person to whom the Unit is conveyed shall contribute
a one-time payment equal to two (2) monthly installments of the estimated annual Assessment for the
Unit, to be paid at the time of closing of sale of the Unit. The contributions to this fund are in addition to
the regular monthly installments of Assessments. Funds shall not be used to defray any of DeclarantÓs
expenses, reserve contributions, or construction costs, or to make up any budget deficits during the
Declarant Control Period. However, upon the closing of the initial sale of a Unit, Declarant may
reimburse itself from funds collected from the purchaser at the closing for any prior contributions made
by Declarant to the working capital fund with respect to such Unit.
6.7 Liability of Owners for Assessments. The obligation of an Owner to pay Assessments
shall commence at the later of (i) at the time which the Owner acquires title to the Unit, or (ii) the due
date of the first Assessment levied against the Unit, subject to the alternative Assessment program
described in Section 6.8. The Owner at the time an Assessment is payable with respect to the Unit shall
be personally liable for the share of the Common Expenses assessed against such Unit. Such liability
9
shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and
unconditional, subject only to Section 6.8. No Owner is exempt from liability for payment of
Assessments by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence
from or abandonment of the Unit, by waiver of any other rights, or by reason of any claim against the
Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing
Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in
Section 12, in addition to any remedies provided elsewhere in the Governing Documents, the Rules and
Regulations, or by law, for the purpose of enforcing its rights hereunder.
6.8 DeclarantÓs Liability for Assessments. Pursuant to Section 515B.3-1151 of the Act, the
DeclarantÓs liability for Assessments shall be subject to the following limitations.
6.8.1 Notwithstanding anything to the contrary in the Governing Documents, if an
Assessment for Common Expenses has not been levied by the Association, the Declarant shall
pay all Common Expenses, including the payment of the replacement reserve component of the
Common Expenses for all Units in compliance with 515B.3-1151(a)(1).
6.8.2 Notwithstanding anything to the contrary in the Governing Documents, if an
Assessment for Common Expenses has been levied by the Association, Declarant may elect that
its liability for such Assessment, and the corresponding Assessment lien against the Units owned
by the Declarant, be limited to:
6.8.2.1 Paying when due an amount equal to the full share of the replacement
reserves allocated to Units owned by the Declarant, as set forth in the AssociationÓs
budget, as provided in Section 515B.3-1151(a)(2)(iv) of the Act; and
6.8.2.2 Paying when due all accrued expenses of the Association in excess of the
aggregate Assessments payable with respect to the Units owned by Persons other than the
Declarant.
However, the Alternate Common Expense plan described above shall not affect
DeclarantÓs obligation to make up any operating deficit pursuant to Section 515B3.-1151(a)(2)(v)
of the Act.
6.8.3 The DeclarantÓs reduced Assessment obligation shall apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit and shall terminate upon
termination of the Declarant Control Period unless terminated earlier pursuant to Section 515B.3-
1151(a)(2)(iii) of the Act.
6.9 Assessment Lien. The Association has a lien on a Unit for any Assessment levied against
that Unit from the time the Assessment becomes due. If an Assessment is payable in installments, the full
amount of the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges,
late charges, fines and interest charges imposed by the Association pursuant to Section 515B.3-
102(a)(10), (11), and (12) of the Act are liens, and are enforceable as Assessments, under this Section 6.
Recording of this Declaration constitutes record notice and perfection of any lien under Section 6, and no
further recordation of any notice of or claim for the lien is required. The release of the lien shall not
release the Owner from personal liability for all outstanding Assessments due and owing, unless agreed to
in writing by the Association.
6.10 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed against a Unit
under the laws of the State of Minnesota (i) by action or (ii) by advertisement in a like manner as a
mortgage containing a power of sale. The Association, or its authorized representative, shall have the
power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so
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acquired. The Owner and any other Person claiming an interest to the Unit, by the acceptance or assertion
of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the
foreclosure. The Association shall, in addition to its other remedies, have the right to pursue any other
remedy at law or in equity against the Owner who fails to pay any Assessment or charge or late charge
against the Unit.
6.11Lien Priority; Foreclosure. A lien for Assessments is prior to all other liens or
encumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration; (ii) any first
mortgage on the Unit; and (iii) liens for real estate taxes and other governmental Assessments or charges
against the Unit. Notwithstanding the foregoing, if (1) a first mortgage on a Unit is foreclosed, (2) the
first mortgage was recorded on or after the date of recording of this Declaration, and (3) no Owner
redeems during the OwnerÓs period of redemption provided by Minnesota Statutes, Chapters 580, 581 or
582, then the holder of the sheriffÓs certificate of sale from the foreclosure of the first mortgage shall take
title to the Unit subject to unpaid Assessments for Common Expenses levied pursuant to this Section 6
and Sections 515B.3-1151(a), (e)(1-3), (f) and (i) of the Act which became due, without acceleration,
during the six (6) months immediately preceding the first day following the end of the OwnerÓs period of
redemption.
6.12 Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of a Unit
the buyer shall not be personally liable for any unpaid Assessments and other charges made by the
Association against the seller or sellerÓs Unit prior to the time of conveyance to the buyer, unless
expressly assumed by the buyer. However, the lien of such Assessment shall remain against the Unit
until released. Any seller or buyer shall be entitled to a statement, in recordable form, from the
Association setting forth the amount of the unpaid Assessments against the Unit, including all
Assessments payable in the AssociationÓs current fiscal year, which statement shall be binding on the
Association, seller and buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest
in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other
restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use,
operation, alienation and conveyance of the Property shall be subject to the following restrictions:
7.1 General. The Property shall be owned, conveyed, encumbered, leased, used and
occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants,
restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the
Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to
any other Person acquiring or owning an interest in the Property, the heirs, personal representatives,
successors and assigns.
7.2 Subdivision Prohibited. Except as provided in Section 15, no Unit or any part of the
Common Elements may be subdivided or partitioned without the prior written approval of all Owners and
all Eligible Mortgagees, and in full compliance with Section 515B.2-112 of the Act.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their guests
exclusively for private, single family residential purposes, and not for transient, hotel, commercial,
business or other non-residential purposes, except as provided in Section 7.4.
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7.4 Business Use Restricted. No business, trade, occupation or profession of any kind,
whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit, except
as follows:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home occupation in
such Unit and handle matters relating to such home occupation by telecommunications or
correspondence therefrom; provided that such uses (i) are incidental to the residential use; (ii) do
not involve physical alteration of the Unit visible from the exterior; (iii) are in compliance with
all governmental laws, ordinances and regulations; and (iv) do not involve any observable
business activity such as signs, advertising displays, or regular deliveries, pedestrian traffic or
vehicular traffic to or from the Unit by customers, vendors or employees.
7.4.2 The Association may, but is not obligated to, maintain offices on the Property for
management and related purposes.
7.4.3 Declarant may maintain offices, model Units, sales facilities and other business
facilities on the Property in connection with the exercise of its Special Declarant Rights.
7.5 Restrictions on Renting or Leasing Units. The Units are primarily intended to be Owner-
occupied. While it is recognized that Owners may wish to lease their Units or may be involuntarily
subject to circumstances that require them to lease their Units, it is nonetheless deemed to be in the best
interests of the Property, the Association and the Owners that the renting or leasing of Units to third-
parties is highly discouraged and shall be strictly prohibited except as follows:
7.5.1 For purposes of this Section, a Ð Non-Owner Occupied Unit Ñ is a Unit that is
leased, rented, or is otherwise occupied as a residence by a natural person who is not the Owner
of the Unit, or is owned by an entity (such as an LLC, corporation, LLP, LLLP or trust), and
occupied by someone other than the person holding majority control of that entity. Non-Owner
Occupied Units are not allowed, regardless of whether consideration is paid in connection with
the occupancy, except as otherwise provided herein.
7.5.2 No more than one (1) Unit may be a Non-Owner Occupied Unit at any one time
(the Ð Rental Cap Ñ). The Non-Owner Occupied Unit shall be eligible for leasing and is
hereinafter referred to as a Ð Leasable Unit Ñ or having Ð Leasable Unit Status.Ñ Once the Rental
Cap is reached, no additional Non-Owner Occupied Units shall be allowed until the Non-Owner
Occupied UnitÓs status as a Leasable Unit terminates in accordance with the provisions of Section
7.5.4 below and the Rental Cap is no longer met.
7.5.3 Notwithstanding the Rental Cap, the following Units shall be exempt from the
Rental Cap and such Units shall have Leasable Unit Status under the described circumstances: (i)
a Unit owned by an institutional lender by reason of foreclosure or deed in lieu of foreclosure
from and after the date when the lender obtains title to the Unit; provided that the Unit is being
actively marketed and is listed for sale; (ii) a Unit owned by the Association; (iii) a Unit owned
by Declarant; and (iv) a Unit occupied by members(s) of the immediate family of the Owner (a
parent, stepparent, child, stepchild, grandparent, grandchild, or sibling of the Owner), by
roommates residing with the Owner, by service providers who provide services of a nature
involving overnight stays (e.g., house sitters, dog sitters, home health care workers and the like),
or by bona fide guests of the Owner so long as the Unit is being simultaneously occupied by the
Owner..
7.5.4 A Non-Owner Occupied UnitÓs status as a Leasable Unit shall automatically
terminate at the earliest of the following events: (i) the Unit is conveyed to a new Owner, (ii) the
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Unit becomes Owner-occupied, or (iii) the current lease expires or terminates. The Board shall
maintain a list of Units having Leasable Unit Status and shall promptly respond to inquiries as to
whether a Non-Owner Occupied Unit is available for Leasable Unit Status subject to the Rental
Cap. In such event, the Board will accept applications in accordance with the procedures set forth
in Section 7.5.5 below on a first come, first served basis until such time as an application has
been approved and the Rental Cap has been reached.
7.5.5 Any Owner who wishes to lease the OwnerÓs Unit as a Non-Owner Occupied
Unit shall submit to the Board an application which shall include the following: (i) a lessee
information form approved by the Board; (ii) a copy of a proposed lease agreement conforming
with the requirements of Section 7.5.7 below; (iii) an administrative fee reasonably determined by
the Board to cover the cost of reviewing and processing the application; and (iv) such other
relevant information as the Board may reasonably request subject to applicable law.
7.5.6 Following proper application by the Owner, the Board shall promptly determine
whether the OwnerÓs Unit may qualify as a Non-Owner Occupied Unit for Leasable Unit Status
under the Rental Cap and shall notify said Owner in writing if the application has been approved.
If approved, the Owner and the proposed lessee identified in the application must enter into a
written lease on materially similar terms and form contained in the OwnerÓs approved application
and conforming with the requirements of this Section 7.5, and provide a copy of the same to the
Board within thirty (30) calendar days after receipt of such approval notice. If a lease is not
entered into or a fully-executed copy of the same is not provided to the Board within such time
period, the OwnerÓs application shall be deemed denied and a new application must be submitted
to the Board.
7.5.7 Any permitted lease authorized hereunder shall comply with applicable law and be
subject to reasonable regulation by the Association and the following conditions: (i) no Unit shall
be leased or otherwise used for hotel or transient purposes, including, without limitation, Airbnb,
VRBO and the like; (ii) a Unit must be leased in its entirety and may not be subleased; (iii) the
lease shall be in writing on such form or containing such addendum as the Association may
provide; (iv) the term of the lease shall not exceed twelve (12) months in duration, shall not be
subject to extension the parties, or either of them, and shall be subject to such other term
limitations or regulations as the Rules and Regulations may impose; (v) the lease shall not contain
an automatic renewal provision; and (vi) the lease shall provide that it is subordinate and subject
to the Governing Documents, the Rules and Regulations and the Act, and that any failure of the
lessee to comply with the terms of such documents shall be a default under the lease. The
Association may impose such reasonable Rules and Regulations as may be necessary to
implement non-discriminatory procedures for the leasing of Units, consistent with this Section
and applicable law, including but not limited to (x) a requirement for a specific lease form or
lease addendum to be attached to each Unit lease to assure that the rights and authority of the
Association and Owners and Occupants are recognized, and (y) a requirement for the screening
of lessees through a licensed screening organization; provided that such screening shall not
violate federal, state or local discrimination laws.
7.6 Parking. Parking on the Property, the use of driveways and garage areas within Units and
the access road and parking stalls within the Common Elements, and the types of vehicles and personal
property permitted thereon shall be regulated by the Association through Rules and Regulations and in
accordance with applicable law, including without limitation the right of the Association to tow illegally
parked vehicles or to remove unauthorized personal property. No garage stall or garage space attached to
a Unit shall be converted to other uses or used for storage or other purposes which would prevent the
parking of two (2) automobiles in said garage.
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7.7 Animals. Domestic house pets, such as dogs, cats, fish, birds and the like are permitted,
subject to Rules and Regulations adopted by the Board and applicable law, including but not limited to
the regulations and licensing requirements set forth in Title 700 of the Code of Ordinances of the City of
Shorewood, as amended (the Ð City Code Ñ). Notwithstanding the foregoing, the following regulations
shall apply:
(i) no animal may be bred, kept or maintained for business or commercial purposes
anywhere on the Property;
(ii) a pet must be housed and maintained exclusively within the OwnerÓs Dwelling,
except when under the direct control of the Owner or other responsible person; outdoor pet
houses, shelters, or enclosures of any type are prohibited on the Property, and no pet may be left
unattended outdoors for any period of time or for any reason;
(iii) Unit Owners shall be obligated to collect and dispose of in a proper receptacle within
the OwnerÓs Unit such solid pet waste as may be left on the Property, and shall be responsible to
pay for any damage to the Property caused by pets for which they are responsible, including but
not limited to damage to turf or landscaping features caused by such petÓs behavior or waste.
(iv) any repeated or prolonged disturbance by a pet, such as noise, odor, waste or
threatening or nuisance activity, will be cause for imposition of a fine on the Unit Owners
housing the pet and/or the removal of the offending pet from the Property. Decisions by the
Board concerning the removal of a pet shall, upon written request of the affected Owner, be
submitted to a vote of the Owners at a meeting of the Association scheduled for such purpose,
provided that the Owner requesting the meeting shall pay the Association for the cost of calling
and holding such meeting.
(v) ÐDangerous AnimalsÑ and ÐPotentially Dangerous AnimalsÑ defined under Chapter
701.16 of the City Code or equivalent state statute, are prohibited and shall not be permitted upon
the Property under any circumstances;
(vi) Unit Owners shall be responsible for any personal injury, property loss, or damage to
the Property caused by their pet, and shall indemnify, defend, and hold harmless the Association,
its officers and directors, and other Owners and Occupants against all loss, claims, injury, or
liability arising out of any act of such pet; and
(vii) neither the Governing Documents nor Rules & Regulations shall prohibit the
keeping of a qualified Ðservice animalÑ or other assistance animal in violation of applicable law,
provided that the service or assistance animal shall be subject to the same behavioral rules
applicable to other pets.
7.8 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests
shall have a right of quiet enjoyment in their respective Units. The Property shall be occupied and used in
such a manner as will not cause a nuisance, nor unduly restrict, interfere with, or impede the use and quiet
enjoyment of the Property by other Owners and Occupants and their guests.
7.9 Compliance with Law. No use shall be made of the Property which would violate any
then-existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted
which could cause waste on the Property, cause a material increase in insurance rates on the Property, or
otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner
or Occupant.
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7.10 Architectural Approval. Except as expressly permitted by this Section 7.10, and except
for Alterations made by Declarant in consideration of its initial sale of a Unit, no changes, modifications,
improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or
otherwise, including but not limited to, any structure, building, addition, deck, balcony, awning, patio,
fence, wall, enclosure, window, exterior door, solar panel, exterior lighting, security camera, sign, antenna
or signal transmission device, display, decoration, color change, plantings including trees, beds, and
shrubbery, bedding and ground cover, material topographical, landscaping or hardscaping change, nor any
other exterior improvement to or alteration of any Dwelling, Building, Association Maintenance Area, or
any part of a Unit which is visible from the exterior of the Dwelling (collectively referred to as
Ð Alterations Ñ), shall be commenced, made, erected, or maintained in a Unit unless and until the plans and
specifications showing the nature, kind, shape, dimensions, color, materials and locations of said
Alterations shall have been approved in writing by the Board or an architectural review committee
appointed by it. Notwithstanding the foregoing, DeclarantÓs prior written consent shall also be required
for Alterations until Declarant no longer owns any unsold Unit.
7.10.1. The Board may appoint, supervise and dissolve an architectural control
committee, and specifically delegate to it part or all of the functions which the Board exercises
under this Section, in which case references to the Board shall refer to the architectural control
committee where appropriate. A file of the Board and architectural control committee resolutions
approving all Alterations shall be maintained permanently as part of the AssociationÓs records.
7.10.2. The Board has authority to establish application and review procedures and
criteria for approval of proposed Alterations, and shall be the sole judge of whether such criteria
are satisfied, subject to applicable building and zoning codes and such other governmental
restrictions as may affect the Property.
7.10.3. The following procedures shall govern requests for Alterations hereunder:
(i) A written project description, detailed plans and specifications, and related
information as requested by the Board and supplemented by the Owner from time
to time, in form and content acceptable to the Board, shall be submitted to the
Board at least sixty (60) days prior to the projected commencement of
construction. No Alterations shall be commenced prior to written approval from
the Board.
(ii) The Board shall give the Owner written notice of approval or disapproval of
the proposed Alterations within sixty (60) days after the BoardÓs receipt of all
application materials and supplements thereto. If, during said sixty (60)Îday
period:
(a) the Board provides notice of disapproval, then the proposed
Alteration request shall be deemed denied. Or;
(b) the Board fails to provide notice of approval or disapproval, then the
Alteration request shall be deemed denied and the proposed Alterations shall not
be constructed upon the Unit, provided however that the Owner shall have a
period of ten (10) days following expiration of said sixty (60)-day period to: (1)
request a written response from the Board articulating its basis for denial of the
Application, or (2) resubmit the Alteration request to the Board for re-
consideration. If the Owner fails to request Or;
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(c) the Board delivers notice of approval and conditions thereto, if any,
then the Owner, Association, and designated contractor, or any of them, shall
promptly proceed to obtain all permits, approvals, and consents as may be
required to locate and maintain the approved Alterations upon the Unit, and,
within twelve (12) months or fewer from the date the Board approved the
Alterations, to cause the construction and certified completion of all such
Alterations in conformance with the approved plans and specifications and such
conditions to approval as may be imposed therein.
7.10.4. Criteria for approval of Alterations shall include and require, at a minimum: (i)
substantial uniformity of color, size, location, type and design in relation to existing
improvements and topography; (ii) comparable or better quality of materials as used in existing
improvements; (iii) ease of Maintenance; (iv) adequate protection of the Property, the
Association, Owners and Occupants from liability and liens arising out of the proposed
Alterations, which may include a requirement for construction of the proposed Alterations by the
Association or such contractor as the Board may designate or approve; and (v) compliance with
applicable laws and such reasonable conditions as the Board may impose in its discretion.
7.10.5. The purpose of the requirements established by the Board shall be (i) to preserve
the architectural style and the quality and the value of the Property, and (ii) to protect the
Association and the Owners from undue liability arising out of the Alterations or any construction
activity in connection therewith.
7.10.6. Alterations necessary for the use and enjoyment of a Unit as provided under
Section 515B.2-113(b) of the Act shall be approved, provided however that such Alterations shall
be subject to the same application and review procedures applicable to other Alterations as
provided herein.
7.10.7. No Alteration shall encroach upon another Unit or the Common Elements,
provided however that approval of such Alteration under this Section 7.10 shall create an
appurtenant easement for such encroachment pursuant to Section 11.4 below and in the manner
provided for therein.
7.10.8. Notwithstanding anything to the contrary in this Section 7.10 and subject to the
terms of Subsection 7.10.9(iv) below, improvements constructed within the Interior Courtyard
Area of a Dwelling by or at the behest of the Unit Owner shall not be deemed Alterations for
purposes of this Section 7.
7.10.9. Except for Alterations constructed by the Association: (i) the Owner of a Unit
upon which Alterations are constructed shall be solely responsible for the construction standards
and specifications relating to such Alterations, and for the construction work; (ii) the Owner, and
not the Association, is responsible for determining whether such Alterations are in compliance
with applicable building and zoning laws and such other governmental restrictions as may affect
the Property; (iii) the Owner shall hold harmless, indemnify and defend the Association, its
officers and directors, from and against any expenses, claims, damages, losses or other liabilities,
including without limitation attorneysÓ fees and costs of litigation, arising out of (a) any
Alteration which violates any governmental laws, codes, ordinances or regulations; (b) any
Alteration which results in the attachment or encumbrance of mechanicsÓ or material providersÓ
liens against the Property or any part of it; (c) the inadequacy of specifications for construction of
the Alterations; or (d) defects in the construction of the Alterations; and (iv) notwithstanding
anything to the contrary in this Section 7, the duties and indemnification obligations pertaining to
Alterations set forth in clauses (i) Î (iii) of this Subsection 7.10.9 shall apply in the same manner
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to improvements constructed within the Interior Courtyard Area of a Unit by or at the behest of
the Unit Owner.
7.11 Time Shares Prohibited. The time share form of ownership, or any comparable form of
lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a
Unit into separate time periods, is prohibited.
7.12 Emergency Access to Units. In case of emergency, all Units are subject to entry, without
notice and at any time, by an officer or member of the Board, by the AssociationÓs management agents or
any public safety personnel. Entry is also authorized for Maintenance purposes under Sections 8 and 11
and for enforcement purposes under Section 12.
SECTION 8
MAINTENANCE AND REPAIR
8.1 Maintenance by Association. The Association shall provide for all Maintenance of the
Common Elements and Association Maintenance Areas within the Property, and for performance of all
maintenance obligations assigned to the Association in this Declaration or the Rules and Regulations, or
otherwise arising under certain use agreements, declarations, and restriction instruments affecting the
Property, including but not limited to the Public Restrictions, Stormwater Management Agreement,
Development Agreement, referenced in Section 11 below.
For the purpose of preserving the architectural character, quality, and uniform standards for appearance of
the Property, the Association shall provide for:
(i) Exterior Maintenance of the Dwelling within each Unit, exclusive of the
Interior Courtyard Area within said Dwelling. For purposes of illustration,
the provided Maintenance shall include, with respect to the exterior portion of
each Dwelling designated as an Association Maintenance Area, Maintenance
of: exterior roofing and roof systems, roof membranes, soffits, fascia, gutters,
downspouts, exterior siding, building surfaces and finishes, decorative
masonry walls, privacy walls, exterior stairs, decks and railings, front walk
entrance gates (excluding hardware), entry doors (excluding hardware),
garage doors (excluding hardware and mechanical components), air
conditioning equipment, glass and window frames, foundations, foundation
walls and foundation membranes, structural members, house numbers,
mailboxes, and painting.
(ii) Maintenance of exterior green space and softscape areas within those portions
of Units designated as Association Maintenance Areas, including watering,
mowing, and seasonal lawn and landscaping care of yards, turf areas,
landscaping and topographical features, ground cover, plantings, beds, bed
edging and bed cover, annual and perennial beds and blooms, and trees and
shrubbery.
(iii) Maintenance and snow removal from the Driveway Area and front walkway
area for each respective Unit, and snow removal from the access drive and
parking areas within the Common Elements.
The Association shall have easements described in Section 11 and elsewhere in this Declaration and in
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the Act to facilitate performance its obligations under this Section 8. The Association shall have the right
to enter into a joint maintenance contract with one or more parties or adjoining property owners if the Board
determines doing so is in the best interests of the Association, Owners, and Property.
8.2 Optional Maintenance by Association. In addition to the Maintenance described in
Section 8.1, the Association may, with the approval of a majority of votes cast in person or by proxy at a
meeting called for such purposes, undertake to provide additional Maintenance obligations to the Units or
Buildings. Notwithstanding, the Association may, upon reasonable notice, elect to perform Maintenance
of mechanical, structural, or other components within a Unit or Dwelling, including the sewer, water or
utility lines between a Dwelling and the point of connection to the public mains, and assess the costs
against the Unit, if the failure or impairment of the component could result in damage to the Common
Elements or other Units or the Dwellings therein, impair the function of any common operating system,
or create a health or safety hazard. Notwithstanding anything to the contrary in this Declaration, in the
event the Association undertakes additional Maintenance responsibilities pursuant to this Section, the
definition of ÐAssociation Maintenance AreasÑ shall, without further action, be automatically amended to
include the subject of such additional Maintenance.
8.3 Maintenance by Owner. Except for the exterior Maintenance of Dwellings required to be
provided by the Association under Section 8.1 or 8.2 and as otherwise provided in this Declaration, all
Maintenance of Dwellings, specifically including Maintenance of the Interior Courtyard Area of such
Dwelling, shall be the sole responsibility and expense of the Unit Owner thereof. However, the Owners
and Occupants shall have a duty to promptly notify the Association of defects in or damage to those parts
of the Property which the Association is obligated to maintain. The Association may require that any
exterior Maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria
established by the Association, in its reasonable discretion. The Association may also undertake any
exterior Maintenance which the responsible Owner fails to or improperly performs, and charge and assess
the Unit for the cost thereof. Such cost shall be a personal obligation of the Owner and a lien against the
Owner's Unit.
8.4 Preventative Maintenance Plan. The Board shall prepare or cause to be prepared, and
thereafter the Association shall abide by, a written Preventative Maintenance Plan for the Common
Elements, which shall be updated and amended from time to time. A copy of the Preventative
Maintenance Plan shall be provided to all Owners.
8.5 Damage Caused By Owner. Notwithstanding any provision to the contrary in this
Section, if, in the judgment of the Association, the need for Maintenance of any part of the Property is
caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a
condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the
Association may cause such damage or condition to be repaired or corrected (and enter the yard area
of upon any Unit to do so), and the cost thereof may be charged and assessed against the Unit of the
Owner responsible for the damage. Such cost shall be a personal obligation of the Owner and assessed as
a lien against the Owner's Unit.
8.6 Easements for Maintenance, Repair and Replacement. Each Unit and the Common
Elements and Limited Common Elements are subject to non-exclusive appurtenant easements in favor of
the Association for Maintenance and reconstruction of the Units, Common Elements, Limited Common
Elements, and Association Maintenance Areas as set forth in Section 11.6 below.
8.7 Party Walls. The following shall apply with respect to Party Walls:
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8.7.1 Repair and Maintenance. The Owners of the Units which share a Party Wall shall
be responsible for the Maintenance of said Party Wall in equal proportions; provided (i) that any
Maintenance necessary due to the acts or omissions of a certain Owner or Occupant sharing
such Party Wall shall be paid for by such Owner, and (ii) that the Association may contract for
and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for
their respective shares of the cost to the extent not covered by insurance. Such cost shall be a
personal obligation of the Owner and a lien against the Owner's Units).
8.7.2 Destruction by Fire or Other Casualty. If a Party Wall is destroyed or damaged
by fire or other casualty, any Owner who has use of the Party Wall may, with the consent of the
Association, restore it, and the other Owner shall promptly reimburse the Owner who restored
the Party Wall for his or her share of the cost of restoration thereof; provided, however, that the
cost of restoration resulting from destruction or other casualty resulting from the acts or
omissions of certain Owners shall be the financial responsibility of such Owners, and the
Association may assess the responsible Owners for their share of the costs, without prejudice to
the right of an Owner to recover a larger contribution from the other Owner. Insurance claims
shall be made promptly following any casualty.
8.7.3 Weatherproofing. Notwithstanding any other provision of this Section, any
Owner who, by his or her negligent or willful act, causes or allows a Party Wall to be exposed to
the elements shall bear the whole cost of the repairs necessary for protection against such
elements.
8.7.4 Right to Contribution Runs With Land. The right of any Owner to contribution
from any other Owner under this Section shall be appurtenant to the Unit and shall pass to such
Owner's assigns and successors in title.
8.7.5 Arbitration. In the event of any dispute arising concerning a Party Wall, and if
the same is not resolved within thirty (30) days of the event causing the dispute, the matter shall
be submitted to binding arbitration under the rules of the American Arbitration Association,
upon the written demand of the Association or any Owner whose Dwelling shares the party
wall. Each party agrees that the decision of the arbitrators shall be final and conclusive of the
questions involved. The fees of the arbitrators shall be shared equally by the parties, but each
party shall pay its own attorneys' fees and other costs incurred in said arbitration.
SECTION 9
INSURANCE
9.1 Required Coverage. The Association shall obtain and maintain, at a minimum, a master
policy or policies of insurance in accordance with the insurance requirements set forth in the Act and the
additional requirements set forth herein, issued by a reputable insurance company or companies licensed
to do business in the state of Minnesota, as follows:
9.1.1 Property insurance in broad form covering all risks of physical loss in an amount
equal to one hundred percent (100%) of the insurable Ðreplacement costÑ of the Property,
exclusive of: (i) deductibles and (ii) land, footings, excavation and other items normally excluded
from coverage (but including all building service equipment and machinery). The Association
may, but is not required to, insure the improvements and betterments as referred to in Section
515B.3-113(b) of the Act. The policy or policies shall cover personal property owned by the
Association. The policy or policies shall also contain ÐInflation GuardÑ and ÐAgreed AmountÑ
endorsements, if reasonably available. Such policy or policies shall include such additional
19
endorsements, coverages and limits with respect to the foregoing and other hazards as may be
required from time to time by the regulations of the Federal National Mortgage Association
(Ð FNMA Ñ), the Federal Home Loan Mortgage Corporation (Ð FHLMC Ñ), the Federal Housing
Administration (Ð FHA Ñ) or the Secretary of VeteranÓs Affairs (Ð VA Ñ), if required by one of such
agencies as a precondition to their purchase, financing, insuring or guarantee of a mortgage on a
Unit. The Board may also, on behalf of the Association, enter into binding written agreements
with a mortgagee, or insurer, guarantor, or servicer of a mortgage, obligating the Association to
keep certain specified coverages or endorsements in effect.
9.1.2 Comprehensive general liability insurance covering the use, operation and
Maintenance of the Common Elements and Association Maintenance Areas, with minimum limits
of One Million Dollars ($1,000,000.00) per occurrence, against claims for death, bodily injury
and property damage, and such other risks as are customarily covered by such policies for
projects similar in construction, location and use to the Property. The policy shall contain a
Ðseverability of interestÑ endorsement which shall preclude the insurer from denying the claim of
an Owner or Occupant because of negligent acts of the Association or other Owners or
Occupants. With respect to the Units, the policy shall include additional endorsements, coverages
and limits necessary to comply with the then-current regulations of FNMA, FHLMC, FHA or
VA, if required by one of such agencies as a precondition to the purchase, financing, insuring or
guarantee of a mortgage on a Unit.
9.1.3 Fidelity bond or insurance coverage against dishonest acts on the part of
directors, officers, managers, trustees, employees or persons responsible for handling funds
belonging to or administered by the Association, as selected by the Board or required by the
regulations of any financing-related institution as a precondition to the purchase, financing,
insuring or guarantee of a mortgage on a Unit. The fidelity bond or insurance shall name the
Association as the named insured, shall comply with the then-current regulations of FNMA,
FHLMC, FHA or VA, if required by one of such agencies as a precondition to the purchase,
financing, insuring or guarantee of a mortgage on a Unit, and shall be written in an amount equal
to the greater of (i) the estimated maximum of Association funds, including reserves, in the
custody of the Association or management agent at any given time while the bond or policy is in
force; or (ii) a sum equal to three (3) monthsÓ aggregate Assessments on all Units plus reserves.
An appropriate endorsement to the policy to cover any persons who serve without compensation
shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based
upon the exclusion of persons serving without compensation shall be added.
9.1.4 WorkersÓ Compensation insurance as applicable and required by law.
9.1.5 DirectorsÓ and officersÓ liability insurance with such reasonable limits and
coverages as the Board shall determine from time to time.
9.1.6 Such other insurance as the Board may determine from time to time to be in the
best interests of the Association and the Owners.
9.2 Premiums; Improvements; Deductibles. Except as provided in Sections 6.4.3 and this
Section 9, all insurance premiums shall be assessed and paid as an annual Assessment. If improvements
and betterments to the Units or Dwellings are covered, any increased cost may be assessed against the
Units affected. The Board shall determine the amount of all insurance deductibles. The Association may,
in the case of a claim for damage to a Unit or Units, (i) pay the deductible amount as a Common Expense;
(ii) assess the deductible amount against the Units affected in any reasonable manner; or (iii) require the
Owners of the Units affected to pay the deductible amount directly. The AssociationÓs decision as to who
shall be charged with paying the deductible amount may, but need not, be based on fault.
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9.3 Loss Payee; Insurance Trustee. All insurance coverage maintained by the Association
shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a
qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties,
including mortgage holders, which suffer loss. The Association, or any insurance trustee selected by it,
shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any
insurance policy maintained by the Association.
9.4 Required Policy Provisions. All policies of property insurance carried by the Association
shall provide that:
9.4.1 Each Owner and secured party is an insured Person under the policy with respect
to liability arising out of the OwnerÓs interest in the Common Elements or membership in the
Association.
9.4.2 The insurer waives its right to subrogation under the policy against any Owners
or Occupants and members of their respective households, and against the Association and its
officers and directors.
9.4.3 The coverage shall not be voided or conditioned upon (i) any act or omission of
an Owner, additional insured or secured party, unless acting within the scope of authority on
behalf of the Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no control.
9.4.4 If at the time of a loss under the policy there is other insurance in the name of an
owner covering the same property covered by the policy, the AssociationÓs policy is primary.
9.5 Cancellation; Notice of Loss. Property insurance and comprehensive liability insurance
policies maintained by the Association shall provide that the policies shall not be canceled or substantially
modified, for any reason, without at least thirty days prior written notice to the Association and to all
secured parties holding first mortgages on Units.
9.6 Restoration in Lieu of Cash Settlement. Property insurance policies maintained by the
Association shall provide that, despite any provisions giving the insurer the right to elect to restore
damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written
approval of the Association (or any insurance trustee) or (ii) when in conflict with provisions of any
insurance trust agreement to which the Association may be a party, or any requirement of law.
9.7 OwnerÓs Personal Insurance. Each Unit Owner is encouraged to obtain additional
personal insurance coverage (commonly known as Ðgap coverageÑ or an ÐHO6Ñ policy) at his or her own
expense covering fire and other casualty to the interior and interior courtyard areas of the Unit, personal
property and the OwnerÓs personal liability. Insurance policies maintained by Owners are without
contribution as against the insurance purchased by the Association, except as to deductible amounts or
other items not covered under the AssociationÓs policies.
SECTION 10
RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN
10.1 Reconstruction. The obligations and procedures for the repair, reconstruction or
disposition of the Property following damage or destruction thereof shall be governed by the Act. Any
repair or reconstruction shall be commenced as soon as practicable after the casualty and shall be
substantially in accordance with the plans and specifications of the Property as initially constructed and
subsequently improved upon.
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10.2 Condemnation and Eminent Domain. In the event of a taking of any part of the Property
by condemnation or eminent domain, the provisions of the Act shall govern; provided, (i) that the
Association shall be the attorney-in-fact to represent the Owners in any related proceedings, negotiations,
settlements or agreements; and (ii) that any awards or proceeds shall be payable to the Association for the
benefit of the Owners and the mortgagees of their Units. Holders of mortgages on Units shall be entitled
to priority for condemnation awards in accordance with the priorities established by the Act and the
Governing Documents, as their interests may appear.
10.3 Notice. The Association shall give written notice of any condemnation proceedings or
substantial destruction of the Property to the Eligible Mortgagees entitled to notice under Section 14.10.
10.4 AssociationÓs Authority. In all cases involving reconstruction, condemnation, eminent
domain, termination or liquidation of the Maple Shores common interest community, the Association
shall have the authority to act on behalf of the Owners in all proceedings, negotiations and settlement of
claims. All proceeds shall be payable to the Association to hold and distribute for the benefit of the
Owners and secured parties, as their interests may appear, in accordance with the Act.
SECTION 11
EASEMENTS
11.1 Access. Each Unit, its Owners, Occupants, lessees, guests and other invitees shall be the
beneficiary of a perpetual, non-exclusive easement for access to and from a public roadway on and across
those portions of the Common Elements designated for use as roadways, walkways, or parking areas,
subject to any restrictions set forth in the Governing Documents or the Rules and Regulations.
11.2 Use and Enjoyment. Each Unit shall be the beneficiary of perpetual, non-exclusive
easements for use and enjoyment of the Common Elements, including the easement for beach bathing
purposes over Lot 11, Radisson Inn Addition, and for use and enjoyment of any Limited Common
Elements allocated to the Unit, subject to such restrictions and conditions as may be set forth in the
Governing Documents or the Rules and Regulations.
11.3 Structural Support. Each Unit and the Common Elements shall be subject to and the
beneficiary of perpetual, non-exclusive easements for structural support in all walls, columns, joists,
girders and other structural components located in or passing through another Unit or the Common
Elements.
11.4 Encroachments. Each Unit and the Common Elements, and the rights of the Owners and
Occupants therein, shall be subject to an exclusive easement for encroachments in favor of the adjoining
Units, for encroachments caused by the constructions, reconstruction, repair, shifting, settlement or
movement of any part of the Property, and for improvements which are added in compliance with Section
7. If there is an encroachment by a Unit, or an approved Alteration to a Unit, upon another Unit or the
Common Elements, as a result of any of the aforementioned causes, an appurtenant easement for the
encroachment, for the use and enjoyment of any encroaching Unit or Alteration, and for the Maintenance
thereof, shall exist. However, with respect to improvements or Alterations added pursuant to Section 7,
no easement shall exist unless the proposed Alterations have been approved and constructed as required
by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not
affect the marketability of title.
11.5 Drainage Easements. Each Unit and the Common Elements shall be subject to and the
beneficiary of perpetual, non-exclusive easements for storm water drainage over and across such areas to
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those parts of the Property which are designed, improved, or graded for storm water collection or the
management thereof.
11.6 Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the
Owners and Occupants thereof, shall be subject to the rights of the Association to a non-exclusive,
appurtenant easement through the Units for the purposes of Maintenance and reconstruction of the
Property and Association Maintenance Areas, and such improvements located within the Units and
utilities serving the Units, as and to the extent necessary to fulfill the AssociationÓs obligations under the
Governing Documents and Rules and Regulations. Each Owner and Occupant of a Unit shall afford to
the Association and its management agents and employees, at reasonable times and upon reasonable
notice, access to, over, and across said Unit and the Dwelling and Association Maintenance Areas therein
for Maintenance purposes.
11.7 Utilities. The Property shall be subject to non-exclusive, appurtenant easements in favor
of all public utility providers and other comparable service providers for the installation, use,
Maintenance of all utilities, such as natural gas, electricity, cable TV and other electronic
communications, water, sewer, irrigation and similar services, and metering and control devices, which
exist or are constructed as part of the development of the Property, or which are referred to in the Plat or
otherwise described in this Declaration or other recorded instruments. Each Unit and the rights of the
Owners and Occupants thereof, shall also be subject to a non-exclusive, appurtenant easement in favor of
the other Units, for all such utilities and services. Utilities and related services or systems shall be
installed, used, maintained and repaired so as not to interfere with the use and quiet enjoyment of the
Units by the Owners and Occupants, nor affect the structural or architectural integrity of the Property.
11.8 Development Agreement and Public Restrictions. The Property is subject to a
Development Agreement by and between the Declarant and the City, and such other recorded agreements,
declarations, or restrictions with the City, the public, or such public agency as Declarant may assume,
grant, or declare with respect to the Property (the Ð Public Restrictions Ñ). The Public Restrictions are
binding upon the Property and the Owners and Occupants and contain various restrictions and
requirements with respect to the development and use of the Property, including but not limited to the
CityÓs approved development standards and engineering guidelines and specifications listed on Exhibit C
hereto and incorporated herein.
11.9 Emergency Access to Units. In case of emergency, all Units and Limited Common
Elements are subject to an easement in favor of the Association for access, without notice and at any time,
by an officer or member of the Board, by the AssociationÓs management agents or by any public safety
personnel. The Board may require that an Owner or Occupant leave keys to the Unit with another Owner
of his or her choice, or to make other arrangements subject to approval of the Board, which approval the
Board may provide in its sole and absolute discretion, and to advise the manager of the Board of the
location(s) of the keys, so as to allow access for emergencies when the Owner or Occupant is absent for
extended periods.
11.10 Project Signs. In addition to the rights provided to the Declarant in Section 15, the
Association and Declarant shall have the right to erect and maintain monument signs identifying the
Property, and related decorative improvements, on the Common Elements. Those parts of the Property on
which monument signs or related decorative improvements are located shall be subject to appurtenant,
exclusive easements in favor of the Association or the Declarant, as applicable, for the continuing use and
Maintenance of said signs and improvements. In exercising its rights under said easements, the
Association or the Declarant, as applicable, shall take reasonable care to avoid damaging the
improvements or the Property and shall repair any damage caused by such actions.
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11.11 Other Recorded Easements. The Property shall be subject to and benefit from any and all
easements of record.
11.12 Declarant Easements. The Property shall be subject to a non-exclusive easement in favor
of the Declarant to have and use easements, for itself, its employees, contractors, representatives, agents
and prospective purchasers through and over the Common Elements for the purpose of exercising its
Special Declarant Rights pursuant to Section 15.
11.13 Scope and Non-Interference. The easements set forth in this Section 11 shall run with the
land, shall be appurtenant to the Property and the benefited Units, shall supplement and not limit any
easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the
easement areas through the Units and the Common Elements for purposes of Maintenance and
reconstruction. All persons exercising easement rights shall do so in the manner provided and subject to
restrictions and conditions contained in the Government Documents or Rules and Regulations, in a
reasonable manner so as not to materially interfere with the operation of the Property and shall be
financially liable for all costs of repair of any part of the Property which is damaged by the exercise of the
easement rights. No Person shall impair, obstruct or cause damage to any easement area, or
improvements or equipment installed therein. Notwithstanding anything in this Declaration to the
contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit or the right to utility
services thereto. Any recorded easement benefiting or burdening the Property shall be construed in a
manner consistent with, and not in conflict with, the easements created by this Declaration.
SECTION 12
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the
Rules and Regulations, and such amendments to each as may be made from time, and the decisions of the
Association. A failure to comply shall entitle the Association to the relief set forth in this Section, in
addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act.
12.1 Entitlement to Relief. Legal relief may be sought by the Association against any Owner,
or by an Owner against the Association or another Owner, to enforce compliance with the Governing
Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner
may withhold any Assessments payable to the Association, nor take or omit other action in violation of
the Governing Documents, the Rules and Regulations or the Act, as measure to enforce such OwnerÓs
position, or for any other reason.
12.2 Remedies. In addition to any other remedies or sanctions, express or implied,
administrative, legal or in equity, the Association shall have the right, but not the obligation, to implement
any one or more of the following actions against Owners and Occupants and/or their guests, who violate
the provisions of the Governing Documents, the Rules and Regulations or the Act:
12.2.1 Commence legal action for damages or equitable relief in any court of competent
jurisdiction.
12.2.2 Impose late charges of up to the greater of $20, or 15% of the amount past due,
for each past due Assessment or installment thereof, and impose interest at the highest rate
permitted by law accruing beginning on the first day of the month after the Assessment or
installment thereof was due.
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12.2.3 In the event of default of more than thirty (30) days in the payment of any
Assessment or installment thereof, all remaining installments of Assessments assessed against the
Unit owned by the defaulting Owner may be accelerated and shall then be payable in full, unless
the original delinquent Assessment or installment(s) thereof, and all attorneysÓ fees, costs of
collections and late charges are paid in full prior to the effective date of the acceleration. Not less
than ten days advance written notice of the acceleration shall be given to the defaulting Owner.
12.2.4 Impose reasonable fines, penalties or charges for each violation of the Act, the
Governing Documents or the Rules and Regulations, and for continuing violations.
12.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Common Element amenities; provided, that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing utilities service
and access to the Unit. Such suspensions shall be limited to periods of defaults by such Owners
and Occupants in their obligations under the Governing Documents or Rules and Regulations,
and for up to thirty (30) days thereafter, for each violation.
12.2.6 Restore any portions of any Common Elements, Unit or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by an Owner or Occupant or
their guests in violation of the Governing Documents or Rules and Regulations, and to assess the
cost of such restoration against the responsible Owners and their Units.
12.2.7 Enter any Unit or Limited Common Element in which a violation of the
Governing Documents, the Act, the Rules and Regulations, or the laws of the state of Minnesota
exists which is likely to immediately and materially affect the health and safety of the other
Owners or Occupants, or their guests, or the safety or soundness of any Unit or other part of the
Property or the property of the Owners or Occupants, and to summarily abate and remove, at the
expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or
Limited Common Elements which is causing the violation; provided, that any improvements
which are a part of a Unit may be altered or removed only pursuant to a court order or with the
agreement of the Owner or Occupant.
12.2.8 Foreclose any lien arising under the provisions of the Governing Documents or
under law, in the manner provided by the Act.
12.3 Rights to Hearing. Except for emergencies, before the imposition of any of the remedies
authorized by Section 12.2 and its sub-sections, the Board shall, upon written request of the violator,
grant to the violator an opportunity for a fair and equitable hearing as contemplated by the Act. The
violator shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10)
days within which to request a hearing. The hearing shall be scheduled by the Board and held within
thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) daysÓ prior
written notice to the violator. If the violator fails to timely request a hearing or to appear at the hearing,
then the right to a hearing shall be deemed waived and the Board may take such action as it deems
appropriate. The decision of the Board and the rules for the conduct of hearings established by the board
shall be final and binding on all parties. The BoardÓs decision shall be delivered in writing to the violator
within ten (10) days following the hearing.
12.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expenses,
penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant
against whom the same are imposed and the personal obligation of such Owner or Occupant in the same
manner and with the same priority and effect as Assessments under Section 6. The lien shall attach as of
the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held
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until the Board makes a written determination dispositive of the issue. All remedies shall be cumulative,
and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the AssociationÓs
right to pursue any others.
12.5 Costs of Proceeding and AttorneysÓ Fees. With respect to any collection measures, or
any measures or action, legal, administrative, equitable or otherwise, which the Association takes to
enforce the provisions of the Act, the Governing Documents or Rules and Regulations, whether or not
finally determined by a court or arbitrator, the Association may assess the Unit owned by the violator with
any expenses incurred in connection with such enforcement, including but without limitation fines or
charges previously imposed by the Association, reasonable attorneysÓ fees, and interest (at the highest rate
allowed by law) on the delinquent amounts owed to the Association. Such expenses shall also include
any collection or contingency fees or costs charged to the Association by a collection agency or other
Person acting on behalf of the Association in collecting any delinquent amounts owed to the Association
by an Owner or Occupant. Such collection or contingency fees or costs shall be the personal obligation of
the Owner and shall be a lien against the OwnerÓs Unit.
12.6 Liability for Acts of Owners and Occupants. An Owner shall be liable for the expense of
any Maintenance of the Property rendered necessary by such OwnerÓs acts or omissions, or by that of
Occupants or guests in the OwnerÓs Unit, to the extent that such expense is not covered by the proceeds of
an insurance policy carried by the Association or such Owner or Occupant. However, any insurance
deductible amount and/or increase in insurance rates or premiums resulting from the OwnerÓs acts or
omissions may be assessed against the Owner responsible and against that OwnerÓs Unit.
12.7 Enforcement by Owners. The provisions of this Section shall not limit or impair the
independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and
Regulations, or the Act, as provided therein.
SECTION 13
AMENDMENTS
13.1 Approval Requirements. Except for amendments by Declarant pursuant to Sections 15
and 16, this Declaration may be amended only by approval of:
13.1.1 The Board;
13.1.2 Owners of Units which are allocated at least sixty-seven percent (67%) of the
total votes in the Association;
13.1.3 The Percentage of Eligible Mortgagees (based upon one vote per Unit financed)
required by Section 14 as to certain amendments referenced by said Section; and,
13.1.4 Declarant as to certain amendments as provided in Section 13.3.
13.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting of the
Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees, if required, shall
be in writing or as otherwise provided by law. Any amendment shall be subject to any greater
requirements imposed by the Act. An affidavit by the Secretary of the Association as to the outcome of
the vote, or the execution of the foregoing statements or consents, shall be adequate evidence thereof for
all purposes, including but not limited to the recording of the amendment.
13.3 Consent to Certain Amendments. So long as Declarant owns a Unit, DeclarantÓs written
consent shall be required for any amendment to the Governing Documents or Rules and Regulations
26
which directly or indirectly affect DeclarantÓs rights or obligations under the Governing Documents, the
Rules and Regulations, or the Act, including any amendments, modifications or deletions of or to the
binding arbitration provision in Section 17.10 below.
13.4 Termination and Liquidation. The termination of the Maple Shores common interest
community and the distribution of any proceeds therefrom, shall be governed by the Act. Any
distribution of funds shall be based upon the value of the Units as determined by their relative
replacement value for property insurance purposes, and shall be made to Owners and secured parties, as
their interests may appear, as provided in the Act.
SECTION 14
RIGHTS OF ELIGIBLE MORTGAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the Act or
other laws, Eligible Mortgagees shall have the following rights and protections:
14.1 Consent to Certain Amendments. Subject to DeclarantÓs rights under Section 15, the
written consent of Eligible Mortgagees representing at least fifty-one percent (51%) of the Units that are
subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit financed) shall be
required for any amendment to the Governing Documents which causes any change in provisions
including the following: (i) voting rights; (ii) increases in Assessments over twenty-five percent (25%);
(iii) Assessment liens; (iv) reductions in reserves for Maintenance of the Common Elements; (v)
responsibility for Maintenance; (vi) reallocation of interests in the Common Elements or Limited
Common Elements, or rights to their use; (vii) redefinition of any Unit boundaries; (viii) convertibility of
Units into Common Elements or vice versa; (ix) expansion or contraction of the Property or the addition,
annexation, or withdrawal of property to or from the Property; (x) hazard or fidelity insurance
requirements; (xi) imposition of restrictions on the leasing of Units; (xii) imposition of any restrictions on
any OwnerÓs right to sell or transfer the OwnerÓs Unit; (xiii) a decision by the Association to establish
self-management when professional management is in effect as required previously by the Governing
Documents or an Eligible Mortgagee; (xiv) restoration or repair of the Property (after a hazard damage or
partial condemnation) in a manner other than that specified in the Governing Documents; (xv) any action
to terminate the legal status of the Property after substantial destruction or condemnation occurs; or (xvi)
any provisions that expressly benefit Eligible Mortgagees, or insurers or guarantors of mortgages.
14.2 Consent to Certain Actions, Subject to DeclarantÓs rights under Section 15, the written
consent of Eligible Mortgagees representing at least sixty-seven percent (67%) of the Units that are
subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit financed) shall be
required to (i) abandon or terminate the Maple Shores common interest community pursuant to the Act;
(ii) change the allocations of voting rights, Common Expense obligations or interests in the Common
Elements; (iii) partition or subdivide a Unit except as permitted by Section 16 and by statute; (iv)
abandon, partition, subdivide, encumber or sell any Common Elements; or (v) use hazard insurance
proceeds for other than the repair, replacement or reconstruction of the Property, except as otherwise
provided by law.
14.3 Consent to Subdivision. No Unit may be partitioned or subdivided without prior written
approval of the Owner and Eligible Mortgagee thereof, and the Association.
14.4 No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his
or her Unit shall not be subject to any right of first refusal or similar restrictions imposed by an Eligible
Mortgagee.
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14.5 Priority of Lien. Any Person who comes into possession of a Unit by foreclosure of a
first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the first mortgage on a Unit,
takes the Unit free of any claims for unpaid Assessments or any other charges or liens imposed against the
Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the
Unit by said Person: (i) except as provided in Section 6.10 and the Act; and (ii) except that any un-
reimbursed Assessments or charges may be reallocated among all Units in accordance with their interests
in the Common Elements.
14.6 Priority of Taxes and Other Charges. All taxes, Assessments and charges which may
become liens prior to the first mortgage under state law shall relate only to the individual Units and not to
the Property as a whole.
14.7 Priority for Condemnation Awards. No provisions of the Governing Documents shall
give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant
to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards
for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written
notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the
Property promptly upon receipt of notice from the condemning authority.
14.8 Requirements for Management Agreements. The term of any agreement for professional
management of the Property may not exceed two (2) years. Any such agreement must provide at a
minimum for termination without penalty or termination fee by either party, (i) with cause upon thirty
(30) days prior written notice, and (ii) without cause upon ninety (90) days prior written notice.
14.9 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine
the books and records of the Association upon reasonable notice, for a proper purpose and during normal
business hours, and to receive free of charge, upon written request, copies of the AssociationÓs annual
reports and other financial statements. Financial statements, including those which are audited, shall be
available within one hundred eighty (180) days after the end of the AssociationÓs fiscal year. FNMA, or
any institutional guarantor or insurer of a mortgage loan against a Unit may require that, at its own
expense, an audit of the AssociationÓs financial statements be made for the preceding year, in which case
the Association shall cooperate in having an audit made and a copy given to the requesting party.
14.10 Notice Requirements. Upon written request to the Association, identifying the name and
address of the holder, servicer, insurer, or guarantor of a mortgage on a Unit, and the Unit number or
address, the holder, insurer, servicer or guarantor shall be entitled to timely written notice of:
14.10.1 A condemnation loss or any casualty loss which affects a material portion of the
Property or the Unit securing the mortgage;
14.10.2 A sixty (60) day delinquency in the payment of Assessments or charges owed by
the Owner of a Unit upon which the Eligible Mortgagee holds a mortgage;
14.10.3 A lapse, cancellation or material modification of any insurance policy maintained
by the Association; and,
14.10.4 A proposed action which requires the consent of a specified percentage of
Eligible Mortgagees.
SECTION 15
SPECIAL DECLARANT RIGHTS
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Declarant hereby reserves exclusive and unconditional authority to exercise the following Special
Declarant Rights within the meaning of Section 515B.1-103(33b) of the Act for as long as it holds rights
in a Unit, or for such shorter period as may be specifically indicated:
15.1 Complete Improvements. To complete improvements indicated on the Plat, planned by
the Declarant consistent with the disclosure statement and authorized by the municipality in which the
Property is located, and to have and use easements for itself and its employees, agents and contractors
through and over the Common Elements for such purposes.
15.2 Subdivide, Combine, or Convert Units. To subdivide or combine Units, or convert Units
into Common Elements, Limited Common Elements and/or Units pursuant to Section 515B.2-112 of the
Act.
15.3 Maintain Sales Facilities and Offices. To maintain and use sales offices, management
offices, signs advertising the Property, and models, and to have and use easements for itself and its
employees, agents and invitees through and over the Common Elements for such purposes.
15.4 Signs. To erect and maintain signs and other sales displays offering Units for sale or
lease, on any Unit owned by Declarant and on the Common Elements.
15.5 Easements. To have and use easements for itself, its employees, agents, contractors,
representatives, agents, prospective purchasers and invitees through and over the Common Elements for
the purpose of exercising its Special Declarant Rights.
15.6 Alternate Common Expense Plan. Pursuant to Section 515B.3-1151(a)(2) of the Act,
Declarant is authorized to elect and utilize the Alternate Common Expense Plan described in Section
6.8.2 of this Declaration.
15.7 Control of Association. To appoint and remove the members of the Board pursuant to
Section 515B.3-103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant; (ii)
after conveyance to Owners other than Declarant of seventy-five percent (75%) of the total number of
Units authorized to be included in the Property or (iii) the date five (5) years following the date of the first
conveyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, the Owners other
than Declarant shall have the right to nominate and elect not less than thirty-three and one-third percent
(33.3%) of the Board at a meeting of the Owners which shall be held within sixty (60) days following
conveyance by Declarant of fifty percent (50%) of the total number of Units authorized to be included
within the Property.
15.8 Grant Common Elements Licenses. To grant licenses to such Common Element rights or
amenities if Declarant shall so determine, in its discretion, pursuant to Section 515B.2-109(e) of the Act.
15.9 Review and Approve Exterior Improvements. The right to review, and approve or
disapprove the exterior design, materials, size, site location, and other exterior features of buildings or
other structures, landscaping, and other exterior improvements upon the Property, and any modifications,
alterations, or removal thereof.
SECTION 16
COMBINATION OF UNITS AND RELOCATION OF BOUNDARIES
16.1 Rights of Declarant and Association. A Unit or Units owned exclusively by the
Declarant or the Association may subdivide, combine or convert such Unit or Units. The Declarant or
Association, as applicable, shall have the authority to unilaterally prepare, execute and record, at its
29
expense, an Amendment to Declaration and an amended Plat. The amendment shall comply with
subdivision 515B.2-112(d)(2-5) of the Act, and shall be limited to those provisions necessary to
accomplish the subdivision, combination or conversion unless the consent of the Owners of Units
required to amend the Declaration is obtained.
SECTION 17
MISCELLANEOUS
17.1 Interpretation of Declaration. This Declaration is set forth to comply with the
requirements of the Act. In the event of any conflict between this Declaration and the provisions of the
Act, the provisions of the Act shall control. The provisions of the Declaration shall be liberally construed
to effectuate its purpose of creating a uniform plan for the ownership and operation of this residential
planned community.
17.2 Severability. If any term, covenant or provision of this instrument or any exhibit attached
hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be
deemed to alter, affect or impair in any manner whatsoever any other portion of this Declaration or the
exhibits attached hereto, which exhibits are incorporated within the Declaration.
17.3 Construction. Where applicable, the masculine gender of any word used herein shall
mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean
the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any
statutes amending or replacing the Act, and the comparable sections thereof.
17.4 Tender of Claims. In the event that any incident occurs which could reasonably give rise
to a demand by the Association against Declarant for indemnification pursuant to the Act, the Association
shall promptly tender the defense of the action to its insurance carrier, and give Declarant (i) written
notice of such tender; (ii) written notice of the specific nature of the action, and (iii) an opportunity to
defend against the action.
17.5 Notices. Unless specifically provided otherwise in the Governing Documents or the Act,
all notices required to be given by or to the Association, the Board, the Association officers, or the
Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly
addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant
the Bylaws shall be effective upon receipt by the Association.
17.6 Conflicts among Documents. In the event of any conflict among the provisions of the
Act, the Declaration, the Bylaws, the Rules and Regulations, the Act shall control unless it permits the
Governing Documents to control. As among the Declaration, the Bylaws, and the Rules and Regulations,
the Declaration shall control. As between the Bylaws and the Rules and Regulations, the Bylaws shall
control.
17.7 Minor Revisions. The Declarant reserves the right to make minor, non-material changes
to the Declaration and Bylaws in order to comply with the requirements of its Mortgagees, the Office of
the Registrar of Titles of Hennepin County, and any change in the Act.
17.8 Duration of Covenants. The covenants, conditions, restrictions, easements, liens and
charges contained in this Declaration shall be perpetual, subject only to termination as provided in this
Declaration and the Act.
17.9 Minnesota Law to Govern. This Declaration shall be construed an enforced in
accordance with the laws of the State of Minnesota.
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17.10 BINDING ARBITRATION PROVISION. To provide an expedited means of dispute
resolution for matters not resolved by applicable statutory dispute resolution provisions, any and all
claims arising between an Owner or Occupant and Declarant, and any and all claims arising between the
Association and Declarant, such assertions, claims or causes of action pertaining to the condition of a
Unit, of the Property, or all or any portion of the Common Elements, including the Limited Common
Elements, including but not limited to claims arising from construction or design defects, shall be
resolved solely and exclusively by binding arbitration in accordance with the rules and regulations of the
American Arbitration Association, provided that disputes arising under a warranty program, if applicable,
shall be resolved as provided within the terms of such warranty program. THIS PROCESS INVOLVES
WAIVER OF A JURY TRIAL. BY EXECUTING THIS DECLARATION AND BY ACCEPTING A
DEED TO ANY PORTION OF THE PROPERTY, RESPECTIVELY, DECLARANT, OWNERS AND
THE ASSOCIATION AGREE TO BE BOUND BY THE PROVISIONS OF THIS 17.10.
\[The remainder of this page intentionally left blank. Signature page to follow.\]
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IN WITNESS WHEREOF, the undersigned has executed this instrument in accordance with the
requirements of the Act.
CHAMBERLAIN CAPITAL LLC.,
a Minnesota limited liability company.
________________________________
By: ______________
Its: _________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this ____ day of _________, 2023, by
________, the _____________ of Chamberlain Capital LLC., a Minnesota limited liability company, on
behalf of the company.
________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
BEST & FLANAGAN LLP (RQW)
60 South Sixth Street, Suite 2700
Minneapolis, MN 55402
(612) 339-7121
32
EXHIBIT A
TO
DECLARATION
Legal Description of Property
Lots 1-8, inclusive, Block 1, Maple Shores, Hennepin County, Minnesota.
Together with all rights, hereditaments, and appurtenances thereto, including but not limited to an
easement for beach bathing purposes over Lot 11, Radisson Inn Addition.
33
EXHIBIT B
TO
DECLARATION
Common Elements
Lot 8, Block 1, Maple Shores, Hennepin County, Minnesota.
Together with all rights, hereditaments, and appurtenances thereto, including but not limited to an
easement for beach bathing purposes over Lot 11, Radisson Inn Addition.
34
EXHIBIT C
TO
DECLARATION
Public Restrictions
The Property shall be subject to City Code and the Public Restrictions noted in Section 11.8 above,
including the approved development standards and engineering guidelines and specifications set forth in
City of Shorewood Resolution 22-078 and City of Shorewood Resolution 22-079, as applicable.
35
CITY OF SHOREWOOD
COUNTY OF HENNEPIN
STATE OF MINNESOTA
RESOLUTION 23-034
A RESOLUTION APPROVING A FINAL PLAT FOR MAPLE SHORES
FOR PROPERTY LOCATED AT 20430 RADISSON ROAD
AND FOUR ADJACENT VACANT PROPERTIES
WHEREAS, Chamberlain Capital, LLC. (the “Applicant”), has submitted a request for a final plat of the
Maple Shores PUD under the Shorewood City Code and under Chapter 462 of Minnesota Statutes; and
WHEREAS, the property is legally described as:
Lot 24, Radisson Inn Addition, and Tracts A, B, C, D, H, I, J, and K, Registered Land Survey No 730,
all in Hennepin County, Minnesota (the “Property”); and
WHEREAS, the final plat is consistent with the preliminary plat and the PUD concept and development
plans previously approved for the project; and
WHEREAS, a development and PUD agreement has been prepared as part of the final plat application.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS
FOLLOWS:
1. The plat of Maple Shores for 7 lots for single-family homes and 2 outlots is hereby approved
according to the plans and materials submitted January 23, February 7 and 8, and March 15, 2023,
(the “Plans”) subject to the conditions listed below.
2. The approval is specifically conditioned upon the terms and conditions contained in the
Development and PUD Agreement for the subdivision.
3. The Mayor and City Administrator are hereby authorized to execute the Development and PUD
Agreement on behalf of the City Council and staff are hereby authorized to execute the final plan
approval.
4. The final plat, development and PUD agreement and all related documents listed below, shall be
required to be filed with Hennepin County.
5. Prior to release of the subdivision for recording the final plat, the Applicant shall submit the
information and revised plans consistent with the regulations in City Code, the PUD Concept and
Development Stage approvals and as follows:
a. Revised homeowner association (HOA) documents that include disclosures on the maximum
impervious surface coverage per lot and language addressing maintenance of the wetland
buffers and signage, stormwater features, as well as prohibitions on accessory buildings and
storage of recreation vehicles or equipment outside the home.
b. Executed easements and agreements, including: 1) conservation easements over the wetlands
and wetland buffers, 2) a storm water maintenance agreement; and 3) the development and
PUD agreement.
c. Payment of fees and submission of the financial guarantees as required by the development and
PUD agreement.
d. A revised construction management plan that includes the allowed construction hours. The city
reserves the right to prohibit construction parking on the private drive during construction to
ensure adequate access of emergency vehicles.
e. All permits required by other agencies, including the Excelsior Fire District.
f. Revised plans consistent with the Engineer’s Memo dated March 16, 2023; and as follows:
1) Revise the tree preservation plan to show the location of tree preservation fencing and
indicate removal of tree 165 located in the right-of-way. To be considered saved, no activity
is permitted within the drip line of tree.
2) Revise the landscaping plan to: 1) add additional trees in the common areas where they
wouldn’t obstruct the storm water; 2) provide a plant schedule with the size of all trees at
planting consistent with the tree preservation policy; 3) indicate the ground cover proposed
throughout the development and the disturbed portions of the public right-of-way; and 4)
any proposed seed mixes that would be used to reestablish the disturbed portions of
wetland buffers, if applicable.
3) Revise the grading plan to identify: a) the location of wetland buffer monuments at each lot
line and as the buffer changes direction and b) which buffer monuments would be used, the
City’s or the watershed’s.
6. Prior to issuance of any building permits, the Applicant shall submit or complete the following:
a. The applicant shall submit a soils/geotechnical report from a licensed professional engineer
permits that indicates the soils present on the site and brought in are adequate to support the
construction of the buildings and other improvements.
b. The applicant shall submit recorded copies of all documents, such as the plat, development
agreement, maintenance agreement, separate easements, HOA documents, etc.
c. Install the wetland buffer monuments, except for the permit for the model home.
d. Install the public improvements as directed int eh development and PUD agreement.
7. The site shall remain in compliance with the city’s tree preservation policy until all construction is
complete.
8. Each lot shall remain at or below the amount of impervious surface coverage indicated on the Site
Plan dated January 23, 2023.
9. The proposed subdivision sign shall not be installed closer than five feet to the public right-of-way
and otherwise consistent with the sign regulations and the conditions in the development
agreement.
10. The final plat shall expire in 180 days if the Applicant has not recorded the final plat at Hennepin
County. The Applicant may request an extension to the approval subject to the requirements of
Section 1202.03 Subd. 2. f. (3).
th
Adopted by the City Council of Shorewood, Minnesota this 27 day of March, 2023.
__________________________
Jennifer Labadie, Mayor
Attest:
___________________________
Sandie Thone, City Clerk
City Council Meeting Item
Item
Title/Subject: Planning Commission Work Program 2023
6D
Meeting Date: March 27, 2023
Prepared by: Jason Carlson, Planning Technician
Reviewed by: Marie Darling, Planning Director
Background: The Planning Commission reviewed and accepted the attached work program for
2023. As an addition to this schedule, when the Comprehensive Plan is formally approved, the
City will need to initiate rezonings and other zoning amendments to implement the
Comprehensive Plan. The dates of these amendments are not yet included below as staff is
uncertain when the Metropolitan Council will act. Please review the attached work program.
The City Council may add, amend or delete any of the items in the work program.
Tentative 2023 Work Program
Spring of 2023 (April - June)
Development Applications
Sign Code amendment related to content neutral language (Discussion/Public Hearing).
Summer of 2023 (July - September – October)
Development Applications
Amendments to CUPs and Site Plan application administration to add in additional review
standards.
Telecommunication Amendments to Zoning Regulations to update regulations based on several
federal changes (Discussion/Public Hearing).
Winter of 2023/24 (November -January)
Development Applications
Review potential amendments to tree preservation ordinance and policy to reflect current
practices and changes based on EAB
Subdivision regulations update (Park Dedication, Premature Subdivision, Variance, etc.). The
chapter has had few amendments or updates since its adoption in 1987.
Other future code amendments:
Review Amendments to impervious surface coverage/storm water regulations
(Discussion/Public Hearing), grading issues, escrow language, certificate of occupancy in Zoning
Regulations.
Exterior storage
PUD Amendment Procedures
Fences
Food Trucks
Nonconforming uses, structures, and lots
Home Occupation Permit/Licenses
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership. Page 1
City Council Meeting Item
Item
Title/Subject: Mill Street Trail Update
9A.1
Meeting Date: March 27, 2023
Prepared by: Marie Darling, Planning Director and Andrew Budde, City Engineer
Reviewed by: Marc Nevinski, City Administrator
Attachments: Design Options 1 and 2
Background:
Staff has been working with Hennepin County and the City of Excelsior since 2018 to move
forward on the Mill Street trail corridor. Prior to Covid-19, a public open house was held and
the City of Excelsior completed their feasibility study (Shorewood feasibility study was
completed in 2013).
Within the last year, staff from all the affected agencies have again been meeting to move this
project forward. At the March 14 Park Commission Meeting, the Hennepin County Project
Manager came and presented the two attached options for the trail corridor design. The trail
with bikeable shoulders would most closely match the Carver County trail corridor to the south,
and would allow for bike commuters and clubs to bike on-street, with pedestrians and more-
cautious bikers using the trail.
The trail option with bikeable shoulders would have fewer property impacts, but would not
allow for separate bikeable areas on-street.
Generally, the Park Commission was favorable to providing the options with the on-street
options for bike commuters and clubs.
Both options will be presented in April at public events, a pop-up event on April 11 from 5:30-
7:30 p.m. at Excelsior Elementary School and an open house at St. John’s Catholic Church on
April 20 from 5:00-7:00 p.m.
After these meetings, the final plans will be completed and one final round of public
engagements will occur, likely in June/July. Hennepin County will then be back likely in July at
the Park Commission and City Council for municipal consent to the project.
Shorewood staff is also scoping the addition of watermain along Mill Ave in coordination with
the trail project. Historically there has been many requests for the desire to connect to
municipal water in this area.
Mission Statement: The City of Shorewood is committed to providing residents quality public
services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and
sound financial management through effective, efficient, and visionary leadership.
Financial or Budget Considerations: The CIP shows the Mill Street trail project proceeding forward
with right of way acquisition in 2024 (estimated costs of $168,540) and construction in 2025 (estimated
costs of $905,172). The City has also budgeted $2,200,000 in 2025 for the addition of watermain.
Action Requested: No action at this time, but the City Council could provide informal
comments.