032601 CC Reg AgP
,
..
,
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 26, 2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
Mayor Love_
Garfunkel
Liz6e
Zerby _
Turgeon _
B. Review Agenda
2. APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, March 12,2001 (Att.-#2A Minutes)
B. City Council Regular Meeting Minutes, March 12,2001 (Att.-#2B Minutes)
3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions
Therein:
NOTE: Give the public an opportunity to request an item be removed from the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. A Motion Approving the Verified Claims List (Att.-#3A Claims List)
B. A Motion to Adopt a Resolution Proclaiming Arbor Day as Saturday, April 28. 2001
(Att.-#3B Proposed Resolution)
C. A Motion A warding Contract for Spring Cleanup Services (Att #3C Director of Public
Works memorandum)
4. MATTERS FROM THE FLOOR (No Council action will be taken.)
5. PARKS - Report by Representative
A. Report on Park Commission Meeting Held March 13,2001 (Att.-#5A Draft Minutes)
B. A Motion to Award Contract for Installation of Skate Park Equipment (Att.-#5B
Director of Public Works memorandum)
,
CITY COUNCIL AGENDA - March 26, 2001
Page 2 of3
6. PLANNING - Report by Representative
A. A Motion to Direct Staff to Prepare a Resolution Regarding an Appeal to the Zoning
Administrator's Interpretation of the Zoning Code (Att.-#6A Planning Director's
memorandum, Planning Commission Findings of Fact, Russell memorandum)
Appellant: James Russell
Location: 26080 Birch Bluff Road
B. A Motion to Adopt a Resolution Approving a Final Plat and Authorizing the Mayor and
City Administrator to Enter Into a Development Agreement for Manitou Woods (Att.#6B
Planner's memorandum, Draft Resolution)
Applicant: Roger Anderson
Location: 5580 Manitou Road
7. GENERAL
A. Report from the Lake Minnetonka Conservation District (LMCD) on Water Patrol
Funding (Att-#7B Letter from LMCD representative)
B. Report from LMCD, Represented by Tom Skramstad (Att-#7 A Report from LMCD
representative)
C. Consideration of a Request from Excelsior Area Chamber of Commerce for City
Representation to the 4th of July Committee and Financial Support (Att.-#7C Letter of
Request)
D. A Motion to Approve Amendments to the Park Foundation Byl~ws (Att.-#7D Bylaws)
E. A Motion to Designate a Representative to the Mound Fire Commission (Att.-#7E
Administrator's memorandum)
8. ENGINEERINGIPUBLIC WORKS
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
2. Skate Park
3. Eddy Station
4. County Road 19 Intersection
5. Freeman Park Access Closure
6. Legislative Update
B. Mayor & City Council
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MARCH 26, 2001
PUBLIC SIGN-IN SHEET
For the record, please print your name and address below. Thank you.
Name
Address
1. <Pe-'lt:JbH-. M~5jur, f\l)fl/lC 195s~h 1 J.?/J P-or-l-/wJ, {I./~I rno,/
If'
2.
3.
4.
5.
6.
7.
8.
9.
10.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.ci.shorewood.mn.us' cityhall@ci.shorewood.mn.us
Executive Summary
Shorewood City Council Regular Meeting
Monday, 26 March 2001
.
There is Work Session meeting immediately following the Regular Council Meeting this
evening.
Agenda Item #3A: Enclosed is the Verified Claims List for Council approval.
..
Agenda Item #3B: For the past several y~ars, the City has recognized Arbor Day by planting
a tree in one of the parks or public areas. The enclosed resolution proclaims Saturday, April 28
as Arbor Day in Shorewood. Staff will determine where this year's Arbor Day tree will be
planted. Approval of the resolution requires a simple majority vote by Council.
Agenda Item #3C: Quotes were received by three vendors for the May 19th Spring Cleanup
Day. Waste Technology provided the best pricing for the services requested. As a reference,
. Waste Technology has provided Spring Cleanup services for the previous two years. Staff is
recommending approval ofa motion that awards the contract to Waste Technology, Inc.
Agenda Item #5B: On February 20, 2001, proposals were received for construction and
delivery of skate-park equipment. Staff is recommending approval of a motion that awards the
contract to Ramptech, Incorporated in the amount of$19,010.50. Delivery time for the ramps is
calculated at the end of April or first part of May.
Agenda Item #6A: In November oflast year, Mr. James Russell applied for a variance to
construct a new foundation under his cabin, located at 26080 Birch Bluff Road. Before the City
Council could act on the variance, Mr. Russell withdrew his application, stating that he did not
feel that a variance was necessary under the terms of the current Zoning Code. He has
subsequently appealed the Planning Director's interpretation of the Code relative to
nonconforming structures. After conducting a public hearing on Mr. Russell's appeal, the
Planning Commission voted unanimously to recommend denial of the appeal. Their findings of
fact is included herein. The Council must direct staff to prepare a resolution relative to the
appeal. Approval of the appeal would require a four-fifths vote by the Council.
n
t.~ PRINTED ON RECYCLED PAPER
Executive Summary - City Counell Meeting of 26 Mareh, 2001
Page 2 of2
Agenda Item #6B: Last October the City approved a final plat for Manitou Woods, a four-
unit twinhome project to be located at 5580 Manitou Road (Co. Rd. 19). As the engineering
plans and specifications were being finalized, the developer completed the purchase of the land,
changing how the ownership is to be shown on the final plat. Staff has prepared a development
agreement reflecting the current ownership (Manitou Woods, LLC) for review and approval by
the City Council. Also included herein is the proposed Declaration of Protective Covenants for
the project.
With everything nowin order, staff recommends approval of the fmal plat. The enclosed
resolution authorizes the Mayor and City Administrator to enter into the Development
Agreement. Approval requires a four-fifths vote by the City Council.
Agenda Item #7 A: Tom Skramstad, Shorewood representative on the LMCD, will present
data related to boat density and law enforcement activity on Lake Minnetonka in recent years.
He will also review the areas that the LMCD would assess to understand the effectiveness of an
increased law enforcement program on Lake Minnetonka. Under the proposed cost allocation .
for the two-year program, Shorewood's cost would be $3,285 annually.
Agenda Item #7B: Tom Skramstad will provide the Council with an update of the LMCD
activities and LMCD Board actions.
Agenda Item #7C: The Excelsior Area Chamber of Commerce has submitted their annual
request for fmancial support for the Fourth of July celebration. Shorewood has budgeted $1000
for the year 2001. The Committee has also stated that Council Member Chris Lizee has agreed to
be the representative for the City, and that two volunteers are secured for ''water patrol". A
motion to approve the $1000 contribution, as well as the City's Representative and water patrol
volunteers is needed for this item.
Agenda Item #70: The Shorewood Park Foundation is proposing amendments to its by-laws.
These changes, many of which must be approved by the City Council, are designed to narrow the .
Foundation's focus to fundraising, and to make the activities of the Board of Directors more
manageable (e.g., reducing the number of directors from a range of 15 to 21, to a range of 7 to
9). The revised by-laws have been reviewed and endorsed by the Park Commission. It is
expected that this change in focus and structure will clarify the role of the Foundation as a fund-
raising organization to support the Park Commission and City Council.
Agenda Item #7E: The City of Mound is proposing the formation of a "Fire Commission", an
advisory group that would include each of the cities for which it provides fire services under
contract. Its goal is to improve communications between the Mound Fire Department and all of
the cities it serves. Each of the contract cities would have one designated representative to the
Fire Commission. It is suggested that City Administrator Craig Dawson be designated as
Shorewood's representative to the Mound Fire Commission.
CITY OF SHOREWOOD
CITY COUNCIL SPECIAL MEETING
MONDAY, MARCH 12,2001
5755 COUNTRY CLUB ROAD
CITY HALL CONFERENCE ROOM
6:45 P.M.
MINUTES
1. CONVENE SPECIAL MEETING
Mayor Love called the meeting to order at 6:45 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; and
Administrator Dawson
Absent:
None
.
B. Review Agenda
Mayor Love reviewed the Agenda, noting the sole purpose of the meeting was to interview a
candidate for the Park Commission.
2. INTERVIEW CANDIDATE FOR PARK COMMISSION
Paula Berndt was interviewed for appointment to the Park Commission.
3. ADJOURNMENT
Turgeon moved, Lizee seconded, adjourning the City Council Special Meeting of March 12,
2001, at 6:58 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
.
Kristi Anderson
Recording Secretary
Woody Love, Mayor
Craig Dawson, City Administrator
:{t;LA
-
~
."
.
.
CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, MARCH 12,2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:01 P.M.
A.
Roll Call
Present:
Mayor Love; Council members Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Attorney Keane; and City Engineer Brown
Absent:
None
B.
Review Agenda
Mayor Love reviewed the agenda.
LizCe moved, Zerby seconded, approving the agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, February 26, 2001
Turgeon moved, Zerby seconded, approving the City Council Regular meeting Minutes of
February 26, 2001, as presented. Motion passed 5/0.
B. City Council Work Session Meeting Minutes, February 26, 2001
Lizee moved, Garfunkel seconded, approving the City Council Work Session Meeting Minutes of
February 26, 2001. Motion passed 5/0.
3. CONSENT AGENDA
Garfunkel moved, Zerby seconded, approving the Motions Contained in the Consent Agenda and
Adopting the Resolutions Therein:
A. A Motion Adopting RESOLUTION NO. 01-019, "A Resolution Approving a Tree
Trimmers License for 2001."
B. A Motion Authorizing an Expenditure of Funds for Public Works Equipment
Trailer.
C. A Motion Adopting RESOLUTION NO. 01-020, "A Resolution Setting the Fee for a
Commercial Lawn Fertilizer Applicator License."
D. A Motion Approving a Sign Permit for the Park Nicollet Office Building
(HealthSystem) at 19685 State Highway 7.
E. A Motion Approving the Payment of Verified Claims.
Motion passed 5/0.
#)B
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 12. 2001
Page 2 of 5
...
.
J
4. MATTERS FROM THE FLOOR
There were none.
5. PARKS
Engineer Brown reported that the upcoming Park Commission Meeting will be February 13,2001.
A. Consideration of a Motion to Approve an Agreement with South Tonka Little
League for the Installation of an Irrigation System
Brown reported that an agreement has been drafted whereby the South Tonka Little League can perform
improvements to the fields at Freeman Park and transfer ownership of the improvements over to the City
of Shorewood for perpetual maintenance. The conditions require that the improvements meet current
standards and that the expenses lie solely with South Tonka Little League. This being said, Brown
indicated that staff recommended approval of the agreement as presented.
Turgeon inquired which fields would be affected by the improvements, and that the agreement reflect .
those fields. Brown said that Fields One and Two would be designated and added to the agreement.
Turgeon also asked if the City would be free to remove any improvements it deems necessary at a later
date. Attorney Keane stated since the improvements belong to the City it would be at the City's
discretion to remove them.
Turgeon moved, Zerby seconded, approving the Agreement with South Tonka Little League for the
Installation of an Irrigation System on Fields One and Two.
Discussion resumed, as Council member Liz6e inquired as to the life span and ongoing maintenance costs
of an irrigation system like the one proposed. Brown indicated that typically these systems have a life
span of 10 - 12 years and an annual operating expenditure on existing fields of approximately $3,000 _
$6,000 based on the cost of pumping and using the water. Lizee asked if Public Works maintained the
systems or whether this was contracted out. Brown said that the Department of Public Works performs
about 80% of the maintenance, including draining the systems and fixing small problems, but will call in
Toro, for example, to fix electronic problems. Lizee asked for clarification of how the fields will be .
restored. Brown pointed out, that as far as the agreement is concerned with Little League, it has agreed to
install the system and restore the fields to at least their current conditions. He added that any plans or
specifications would have to be reviewed and approved by the engineer's office.
Mayor Love asked Engineer Brown to review the advantages of installing an irrigation system, other than
keeping the fields green. Brown pointed out that during drought season better care of the fields is
possible, but more importantly, because of the high use of ball fields in general, studies by MCES have
shown that as fields get more compacted the risk of injury is greater. Brown shared the opinion that with
the added irrigation system, the hope is that it will help to prevent some of that compaction and keep the
fields more serviceable. Other benefits include limiting the growth of weeds during drought season. On
the other hand, Brown cautioned, that during drought periods, the City also needs to work on conservation
of water resources as well. A healthy balance will need to be established.
Garfunkel asked who would be in control of the irrigation system. Brown said that the City would have
the key and that the maintenance department would have final control.
Motion passed 5/0.
'.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 12, 2001
Page 3 of 5
6. PLANNING
Commissioner Woodruff reported on matters considered and actions taken at the March 6, 200 1, Planning
Commission Meeting (as detailed in the minutes of that meeting). The first matter considered, and open
for public hearing, was an appeal for the necessity of a setback variance by Mr. Russell. The Commission
had denied the variance at a previous meeting and the appeal came back asserting whether such a variance
was even necessary. The City Council will be seeing more on this issue at its next meeting. The appeal
was denied 5/0. Other matters of business included, reappointing Bailey as Chair and affirming Woodruff
as the Vice-Chair; reviewing the Commission work program for 2001 and planning the joint meeting with
Council for March 20, 2001; and finally, discussion over District 1, the islands, occurred concerning the
possibility of sharing services with Minnetrista. Mayor Love complimented the Commission on their
initiative to consider joint services with neighboring communities.
7. GENERAL
A. A Motion Authorizing an Agreement with the Watershed District for Gideon Glen
.
Mayor Love asked Administrator Dawson to introduce Eric Evenson of the MCWD. Dawson reported
that at the time the agreement was made between the City of Shorewood and the Minnehaha Creek
Watershed District to purchase Gideon Glen certain conditions applied. Now that the purchase has been
made, the cooperative agreement between the two parties needs to be approved and executed so that the
MCWD can get its funds approved for the acquisition.
Eric Evenson explained that the MCWD is faced with the challenge of amending its internal ClP Plan to
include the expenditure of these funds for wetland conservation. The amendment process takes
approximately 60-90 days, making the funds available by the first part of July. Mayor Love shared that
from his experience at the MCWD, this procedural timeframe allows for public input and gives the
MCWD the opportunity to educate the public on this wetland preservation effort.
.
Zerby complimented MCWD on its efforts. Dawson added that the City of Shorewood looks forward to
future cooperative agreements and joint ventures with MCWD via wetland preservation. Mayor Love
thanked the MCWD once again for a wonderful collaboration and complimented it for supporting the
City's Phosphorus Lawn Fertilizer initiative as it moves into the legislature.
Lizee moved, Zerby seconded, authorizing the Agreement with the Watershed District for Gideon
Glen. Motion passed 5/0.
B. A Motion Setting Dates for future Council Work Session Meetings
Administrator Dawson reported that a number of special meetings will be coming up for the City Council.
These include ajoint meeting with the Planning Commission on March 20, 2001 at 7 pm; a kick-off
session on the Community Visioning process presented by the City Consultant following the Regular City
Council Meeting of March 26, 2001; and finally, April 17, 2001, looks to be the date for the upcoming
orientation session immediately following the Planning Commission work session.
Mayor Love indicated that, with no objection, staff will be directed to continue scheduling the above
mentioned meetings on the dates given.
8. ENGINEERING/PUBLIC WORKS
Engineer Brown had nothing further to report.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 12,2001
Page 4 of 5
}
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
Mayor Love referred to the discussion of Gideon Glen that took place earlier this evening. The LCEC
will be looking at a Phase One outline for Gideon Glen tomorrow evening presented by Dan Dickel, City
Consultant.
2. Skate Park
Brown reported that although he had hoped to award the Skate Park equipment contract this evening, he
will be meeting with the design committee once more to discuss new proposals put forward by several
vendors. The designs vary greatly and he would like to discuss the options with the committee before
making a final recommendation to Council next time. Mayor Love shared a recent visit with a group of
third graders who were very excited and anxiously awaiting the grand opening of the Skate Park.
3. Eddy Station
.
Engineer Brown reported that the Park Commission and staff are working on fInalizing the building, as
well as, working on the final kick-off date for its Grand Opening.
4. County Road 19 Intersection
Brown mentioned that he was awaiting a call back from Bruce Polaczyk, of Hennepin County, to find out
where the county is on the design. Brown has provided them with the necessary information on the City's
current right of way negotiations. He hoped to have something to present to Council in the near future.
B. Mayor & City Council
Mayor Love reported that earlier this evening the City Council interviewed Paula Berndt regarding her
reapplication to the Park Commission. Mayor Love asked if any member would like to make a motion.
Lizee moved, Turgeon seconded, reappointing Paula Berndt to the Park Commission for a three-
year term. Motion passed 5/0.
.
Mayor Love reported that this morning he, administrator Dawson, and Eric Evenson, of the MCWD, met
to discuss the Phosphorous Legislation. They have been getting a considerable amount of support for this
legislation and Mayor Love anticipates speaking to the Mound City Council on March 13,2001. He will
also be addressing the Lake Area Mayors meeting that morning and the LMCD on Wednesday evening,
March 14th. After hearing from Commissioner Steele's office, Mayor Love learned that she intends to
bring the initiative to the Hennepin County Board for support. Mayor Love deferred to Administrator
Dawson to identify additional cities and organizations that may have an interest in this matter. Dawson
shared an ever-expanding working list and added that there has been much support from an enforcement
standpoint, restrictions over use and sale, and concern over water quality. He then invited Attorney
Keane to share additional information he had gained from a meeting with Senator Linda Higgins.
Attorney Keane reported that Senator Linda Higgins, co-author of two other phosphorus lawn fertilizer
limiting legislative enactments in the Senate Environmental Committee, was enthusiastic to see this third
enactment come across her desk. He said that she will be working with us, as a key member of that
committee, to solicit additional sponsors from the Committee to be sure that this bill will be part of a
..
j.
.
.
CITY COUNCIL REGULAR MEETING MINUTES
MARCH 12, 2001
Page 5 of 5
larger environmental legislation being considered by the Senate. He continued that Joel Carlson, lead
Legislative lobbyist for the Minnehaha Creek Watershed District, recommended focusing efforts for this
Bill on the Senate rather than the House, who is considering a phosphorus Bill currently. Although the
House legislation does not go as far as this legislation does, they can track the House Bill and push this
legislation through the Senate and then reconcile the differences between the two later.
Attorney Keane advised Council Members to share with legislators and others around the State that we
have phosphorus lawn fertilizer legislation moving ahead, it restricts the use and sale of it, and that we are
looking for their support. He reminded the Council that phosphorus is still liberally being applied to our
lawns and it is an unnecessary additive to our soil here. In order to keep it from being further introduced
into our freshwater, it is critical to limit its use and sale. Public education is still necessary. Many people
do not understand the risk phosphorus poses for our lakes. He added that one pound of phosphorus in our
lakes can be responsible for a 400-500 pound algae bloom. Keane pointed out that the largest fertilizer
producer, Scotts only offers a single formulation and needs to tailor its fertilizers on a regional basis.
Mayor Love added that it costs MCWD $240 a pound to remove the phosphorus from our freshwater.
Lizee inquired who the public could contact to encourage passage of this legislation. Keane noted that the
public would be well served by contacting their own legislators, state lawmakers, or Administrator
Dawson's office who has a roster of the legislative delegation around the state. Turgeon suggested more
information be added to our web site regarding this potential legislation.
Dawson stated that this simple yet elegant legislation is geared specifically to our lawns. He maintained
that as simple as it is, time is of the essence. Dawson shared that if this legislation does not make it out of
Committee by March 30, 2001, the bill will be dead for this legislative session. Mayor Love urged the
Council to get out in the public and share it with people.
10. ADJOURNMENT
Zerby moved, Lizee seconded, adjourning the Regular City Council Meeting of March 12, 2001,
subject to the approval of claims at 7:48 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED.
Kristi Anderson
Recording Secretary
Woody Love, Mayor
Craig W. Dawson, City Administrator
PAY ABLES APPROVALS
For 3/26/01 Council Meeting
.
Prepared by: {Jt11iw~ 77l elk
Catherine Elke, Sr. Accountant
~G~
Date: 3-~~-CJ/
Reviewed by:
Bonnie Burton, Fi nce Director
Date: ~z/e I
Date: O~ 1.-ZtJ}
awson, City Administrator
.
:ft3fr
Check Approval List for 03/26/01 Council Meeting
Check # Vender Name Description Check Date Invoice # Amount
29951 AFSCME COUNCIL 14 MAR 2001 UNION DUES 3/19/01 $156.90
TOTAL FOR AFSCME COUNCIL 14 $156.90
29952 CITY COUNTY CREDIT 3/13/01 PAYROLL 3/19/01 $400.00
TOTAL FOR CITY COUNTY CREDIT UNION $400.00
29953 ICMA RETIREMENT TR 3/13/01 PAYROLL 3/19/01 $972.71
TOTAL FOR ICMA RETIREMENTTRUST-457 $972.71
29954 MN CHILD SUPPORT P C. SCHMID CHILD SUPPORT 3/19/01 $173.51
29954 MN CHILD SUPPORT P M. DEPAUW CHILD SUPPORT 3/19/01 $251.72
TOTAL FOR MN CHILD SUPPORT PMT CTR $425.23
29955 PERA 3/13/01 PAYROLL 3/19/01 $1,773.34
29955 PERA 3/13/01 PAYROLL 3/19/01 $1,933.86
TOTAL FOR PERA $3,707.20
29956 ADVANCED IMAGING S MAR 2001 SVC CONTRACT 3/22/01 2751 $150.00
TOTAL FOR ADVANCED IMAGING SOLUTIONS lNC $150.00
29957 ANCHOR PAPER COMP COPIER PAPER 3/22/01 129699401 $234.54
TOTAL FOR ANCHOR PAPER COMPANY $234.54 .
29958 ANDERSON, KRISTI B. CONTRACT SVCS 3/1- 3/16 3/22/01 $120.00
29958 ANDERSON, KRISTI B. CONTRACT SVCS 3/1- 3/16 3/22/01 $120.00
29958 ANDERSON, KRISTI B. CONTRACT SVCS 3/1- 3/16 3/22/01 $120.00
TOTAL FOR ANDERSON, KRIST I B. $360.00
29959 BITUMINOUS ROADWA COLD MIX FOR STREET REPAIRS 3/22/01 81397 $847.10
TOTAL FOR BITUMINOUS ROADWAYS, INC. $847.10
29960 BROWNING FERRIS IN MAR SVC 3/22/01 02001-0200 $47.94
TOTAL FOR BROWNING FERRIS IND. $47.94
29961 BURTON, BONNIE GFOA MTG 3/21/01 3/22/01 $39.32
TOTAL FOR BURTON, BONNIE $39.32
29962 CULLIGAN BOTTLED W MAR COOLER RENTAL 3/22/01 $10.17
TOTAL FOR CULLIGAN BOTTLED WATER $10.17
29963 DAY DISTRIBUTING 3/22/01 126410 $174.80
TOTAL FOR DAY DISTRIBUTING $174.80
29964 EAST SIDE BEVERAGE 3/22/01 752454 $38.00 .
29964 EAST SIDE BEVERAGE 3/22/01 754620 $911.00
29964 EAST SIDE BEVERAGE 3/22/01 754621 $1,630.65
29964 EAST SIDE BEVERAGE 3/22/01 755225 $114.05
29964 EAST SIDE BEVERAGE 3/22/01 755226 $184.80
TOTAL FOR EAST SIDE BE VERA GE COMPAN $2,878.50
29965 XCELENERGY 3/22/01 0234-748-37 $9.99
29965 XCELENERGY 3/22/01 1732-704-10 $2,442.12
TOTAL FOR XCEL ENERGY $2,452.11
29966 FIRST AMERICAN TITL TRACT SEARCH-GiDEON'S WOODS 3/22/01 11485 $125.00
TOTAL FOR FIRST AMERICAN TITLE INS CO $125.00
29967 G & K SERVICES PW UNIFORMS 3/22/01 022801 STM $467.27
TOTAL FOR G & K SERVICES $467.27
29968 KEEFE, SALLY 3/6 PLANNING MTG 3/22/01 $120.00
TOTAL FOR KEEFE, SALLY $120.00
29969 LAKESHORE WEEKLY LEGAL NOTICE-SKATE PK EQUIP 3/22/01 00064701 $20.00
TOTAL FOR LAKESHORE WEEKLY NEWS $20.00
Check # Vender Name Description Check Date Invoice # Amount
29970 LONG LAKE POWERE PW EQUIP 3/22/01 20230 $195.34
TOTAL FOR LONG LAKE POWER EQUIPMENT $195.34
29971 MINNESOTA STATE TR 2001 SPRG BLDG CODE SEMINAR 3/22/01 $30.00
TOTAL FOR MINNESOTA STATE TREASURER $3 O. 00
29972 MN SUN PUBLICATION ORDINANCE 370 3/22/01 399774 $42.90
TOTAL FOR MN SUN PUBLICATIONS $42.90
29973 MTI DISTRIBUTING CO PTO SHAFT 3/22/01 55527-00 $142.64
TOTAL FOR MTI DISTRIBUTING COMPANY $142.64
29974 OHLIN SALES, INC LAPTOP BATTERY-PROT INSP 3/22/01 78716 $148.29
TOTAL FOR OHLIN SALES, INC $148.29
29975 PAWS, CLAWS & HOOV MARCH BOARDING/FEB IMPOUNDS 3/22/01 $490.97
TOTAL FOR PAWS, CLAWS & HOOVES PET $490.97
29976 PAZANDAK, JOSEPH MILEAGE 2/26 - 3/9 3/22/01 $97.43
TOTAL FOR PAZANDAK, JOSEPH $97.43
29977 PETTY CASH REIMBURSEMENT 3/22/01 $12.73
29977 PETTY CASH REIMBURSEMENT 3/22/01 $20.25
29977 PETTY CASH REIMBURSEMENT 3/22/01 $20.25
. 29977 PETTY CASH REIMBURSEMENT 3/22/01 $20.26
TOTAL FOR PETTY CASH $73.49
29978 QUALITY WINE & SPIRI 3/22/01 935286-00 ($53.52)
29978 QUALITY WINE & SPIRI 3/22/01 938680-00 $1,358.69
29978 QUALITY WINE & SPIRI 3/22/01 938681-00 $1,122.93
29978 QUALITY WINE & SPIRI ' 3/22/01 938681-00 $68.18
29978 QUALITY WINE & SPIRI 3/22/01 938682-00 $1,139.10
29978 QUALITY WINE & SPIRI 3/22/01 940921-00 $257.26
29978 QUALITY WINE & SPIRI 3/22/01 940921-00 $1,028.30
29978 QUALITY WINE & SPIRI 3/22/01 940935-00 $543.85
29978 QUALITY WINE & SPIRI 3/22/01 940935-00 $1,236.67
29978 QUALITY WINE & SPIRI 3/22/01 940938-00 $853.39
29978 QUALITY WINE & SPIRI 3/22/01 940938-00 $1,846.51
TOTAL FOR QUALITY WINE & SPIRITS CO $9,401.36
29979 ROGERS, DON RINK SUPERVISION 3/22/01 $71.40
TOTAL FOR ROGERS, DON $71.40
. 29980 SAM'S CLUB FEB STMT 3/22/01 $7.44
29980 SAM'S CLUB FEB STMT 3/22/01 $116.46
29980 SAM'S CLUB FEB STMT . 3/22/01 $37.78
29980 SAM'S CLUB FEB STMT 3/22/01 $37.78
29980 SAM'S CLUB FEB STMT 3/22/01 $37.78
TOTAL FOR SAM'S CLUB $237.24
29981 SENSIBLE LAND USE C SEMINAR 3/28 3/22/01 . $30.00
TOTAL FOR SENSIBLE LAND USE COALITN $30.00
29982 STA-SAFE LOCKSMITH SAFE REPAIRS 3/22/01 10780 $115.00
TOTAL FOR STA-SAFE LOCKSMITHS CO. $115.00
29983 STANLEY STEAMER 3/22/01 272634 $525.63
29983 STANLEY STEAMER 3/22/01 272665 $264.12
TOTAL FOR STANLEY STEAMER $789.75
29984 SULLIVAN UTILITY SER ANNUAL SVC OF PW SUMP 3/22/01 16864 $150.00
TOTAL FOR SULLIVAN UTILITY SERVICES $150.00
29985 SUN PATRIOT NEWSPA ORDINANCE 370 3/22/01 434 $34.78
TOTAL FOR SUN PATRIOT NEWSPAPERS INC $34.78
29986 THORPE DISTRIBUTIN 3/22/01 219607 $60.05
Check # Vender Name Description Check Date Invoice # Amount
29986 THORPE DISTRIBUTIN 3/22/01 219607 $354.40
TOTAL FOR THORPE DISTRIBUTING COMPA $414.45
29987 UNIVERSITY OF MINNE INSECT LAB/SHADE TREE COURSE 3/22/01 A0013167 $130.00
TOTAL FOR UNIVERSITY OF MINNESOTA $130.00
29988 WSB AND ASSOCIATE FREEMAN PK BLDG 3/22/01 01074-370-1 $10.80
29988 WSB AND ASSOCIATE FREEMAN PK BLDG CONSTR SVCS 3/22/01 01074-374-0 $396.00
29988 WSB AND ASSOCIATE SMITHTOWN RD OVERLAY(STATE 3/22/01 01074-583-0 $1,575.50
29988 WSB AND ASSOCIATE FREEMAN PARK WATER/SEWER 3/22/01 01169-104-0 $36.00
TOTAL FOR WSB AND ASSOCIATES $1,018.30
29989 XCELENERGY 3/22/01 2095-300-56 $1,866.95
TOTAL FOR XCEL ENERGY $1,866.95
29990 ARMOR LOCK & ALAR MONITORING SVC 4/1 - 6/30/01 3/27/01 47601 $145.12
TOTAL FOR ARMOR LOCK & ALARM SVCS $145.11
29991 ASPEN EQUIPMENT C CURB SHOE 3/27/01 581012 $96.88
TOTAL FOR ASPEN EQUIPMENT COMPANY $96.88
29992 BELLBOY BAR SUPPLY 3/27/01 33531500 $17.71
29992 BELLBOY BAR SUPPLY 3/27/01 33531500 $41.90
29992 BELLBOY BAR SUPPLY 3/27/01 33531600 $60.14 .
29992 BELLBOY BAR SUPPLY 3/27/01 33531600 $77.20
29992 BELLBOY BAR SUPPLY 3/27/01 33531700 $31.81
29992 BELLBOY BAR SUPPLY 3/27/01 33531700 $68.56
TOTAL FOR BELLBOY BAR SUPPLY $197.31
29993 BELLBOY CORPORA TI 3/27/01 20820200 $33.78
29993 BELLBOY CORPORATI 3/27/01 20839100 $201.90
29993 BELLBOY CORPORATI 3/27/01 20839200 $56.50
29993 BELLBOY CORPORATI 3/27/01 20890300 $442,90
29993 BELLBOY CORPORATI 3/27/01 20890400 $140.20
29993 BELLBOY CORPORATI 3/27/01 20890500 $143.94
TOTAL FOR BELLBOY CORPORATION $1,019.11
29994 DAY DISTRIBUTING 3/27/01 126693 $18.40
29994 DAY DISTRIBUTING 3/27/01 126693 $676.35
29994 DAY DISTRIBUTING 3/27/01 127180 $788.15
29994 DAY DISTRIBUTING 3/27/01 127451 $645.48
TOTAL FOR DAY DISTRIBUTING $1,118.38 .
29995 EAST SIDE BEVERAGE 3/27/01 757585 $921.80
29995 EAST SIDE BEVERAGE 3/27/01 757586 $857.50
TOTAL FOR EAST SIDE BEVERAGE COMPAN $1,779.30
29996 FIL TERFRESH 3/27/01 48456 $34.95
29996 FIL TERFRESH 3/27/01 48457 $54.00
TOTAL FOR FILTERFRESH $88.95
29997 GRAPE BEGINNINGS, I 3/27/01 37267 $153.00
TOTAL FOR GRAPE BEGINNINGS, INC $153.00
29998 GRIGGS, COOPER & C 3/27/01 345678 $1,546.38
29998 GRIGGS, COOPER & C 3/27/01 345678 $28.50
29998 GRIGGS, COOPER & C 3/27/01 345679 $637.22
29998 GRIGGS, COOPER & C 3/27/01 345683 $424.25
29998 GRIGGS, COOPER & C 3/27/01 345684 $862.45
29998 GRIGGS, COOPER & C 3/27/01 345699 $23.95
29998 GRIGGS, COOPER & C 3/27/01 345699 $529.56
29998 GRIGGS, COOPER & C 3/27/01 345700 $227.40
29998 GRIGGS, COOPER & C 3/27/01 348521 $278.41
29998 GRIGGS, COOPER & C 3/27/01 348522 $1,899.05
Check # Vender Name Description Check Date Invoice # Amount
29998 GRIGGS, COOPER & C 3/27/01 348523 $16.36
29998 GRIGGS, COOPER & C 3/27/01 348527 $43.70
29998 GRIGGS, COOPER & C 3/27/01 348528 $1,031.95
29998 GRIGGS, COOPER & C 3/27/01 348529 $17.81
29998 GRIGGS, COOPER & C 3/27/01 348541 $70.40
29998 GRIGGS, COOPER & C 3/27/01 348542 $1,218.80
29998 GRIGGS, COOPER & C 3/27/01 348543 $52.93
29998 GRIGGS, COO~ER & C 3/27/01 555071 ($28.44)
29998 GRIGGS, COOPER & C 3/27/01 556956 ($23.90)
TOTAL FOR GRIGGS, COOPER & COMPANY $8,856.78
29999 HAWKINS WATER TRE 3/27/01 DM 54605 $50.00
TOTAL FOR HAWKINS WATER TREATMENT $50.00
30000 HENNEPIN COUNTY TR 2001 HAZARDOUS WASTE FEES 3/27/01 031448 $207.00
TOTAL FOR HENNEPIN COUNTY TREASURER $207.00
30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $57.50
30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $180.10
30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $60.00
30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $7.20
. 30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $2.60
30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $1.55
30001 HENNEPIN COUNTY TR ANNUAL SVC CHG FOR PROC SPE 3/27/01 $118.50
TOTAL FOR HENNEPIN COUNTY TREASURER $427.45
30002 HOISINGTON/KOEGLE PROJ#01-13 SHOREWOOD VISION 3/27/01 $375.53
TOTAL FOR HOISINGTON/KOEGLER GROUP $375.53
30003 JOHNSON BROS UQU 3/27/01 1225839 $859.80
30003 JOHNSON BROS UQU 3/27/01 1225839 $1,137.91
30003 JOHNSON BROS UQU 3/27/01 1225840 $651.09
30003 JOHNSON BROS UQU 3/27/01 1225840 $1,237.79
30003 JOHNSON BROS UQU 3/27/01 1225841 $678.59
30003 JOHNSON BROS UQU 3/27/01 1225841 $850.92
30003 JOHNSON BROS UQU 3/27/01 1228458 $28.50
30003 JOHNSON BROS UQU 3/27/01 1228458 $1,112.32
30003 JOHNSON BROS UQU 3/27/01 1228459 $26.65
30003 JOHNSON BROS UQU 3/27/01 1228460 $22.75
. 30003 JOHNSON BROS UQU 3/27/01 1228461 $20.75
30003 JOHNSON BROS UQU 3/27/01 1228461 $2,060.41
30003 JOHNSON BROS UQU 3/27/01 1228463 $53.85
30003 JOHNSON BROS UQU 3/27/01' 1228463 $535.11
30003 JOHNSON BROS UQU 3/27/01 152037 ($28.95)
TOTAL FOR JOHNSON BROS LIQUOR CO. $9,247.49
30004 KNR COMMUNICATION PHONE UNE SVC 3/27/01 19144 $95.00
TOTAL FOR KNR COMMUNICATION SVCS INC $95.00
30005 MACROMEDIAlMODUS DREAMWEAVER UPGRADE(WEB) 3/27/01 09814426 $292.09
TOTAL FOR MACROMEDIA/MODUS MEDIA $292.09
30006 MARK VII 3/27/01 251949 $584.05
30006 MARK VII 3/27/01 251953 $1,499.80
30006 MARK VII 3/27/01 251954 $10.90
30006 MARK VII 3/27/01 254245 $1,478.40
30006 MARK VII 3/27/01 254250 $739.48
TOTAL FOR MARK VII $4,312.63
30007 MCLEOD USA 3/27/01 7706387 $157.14
30007 MCLEOD USA 3/27/01 7706387 $165.66
30007 MCLEOD USA 3/27/01 7706387 $539.16
Check # Vender Name Description Check Date Invoice # Amount
30007 MCLEOD USA 3/27/01 7706387 $163.70
30007 MCLEOD USA 3/27/01 7706387 $113.04
30007 MCLEOD USA 3/27/01 7706387 $111.80
30007 MCLEOD USA 3/27/01 7706387 $52.29
30007 MCLEOD USA 3/27/01 7706387 $104.58
TOTAL FOR MCLEOD USA $1,407.37
30008 METRO COUNCIL ENVI APRIL 2001 WASTEWATER 3/27/01 718414 $23,242.07
TOTAL FOR METRO COUNCIL ENVIRONMENT $23,242.07
30009 MIDWEST COCA-COLA 3/27/01 63277081 $165.55
TOTAL FOR MIDWEST COCA-COLA BOTTLIN $165.55
30010 MOUND-CITY OF 2ND QTR 2001 FIRE CONTRACT 3/27/01 1035-2 $2,019.75
TOTAL FOR MOUND-CITY OF $2,019.75
30011 MUNITECH. INC. APRIL SVC 3/27/01 7633 $2,550.00
30011 MUNITECH, INC. APRIL SVC 3/27/01 7633 $5,950.00
TOTAL FOR MUNITECH, INC. $8,500.00
30012 NATIONAL BUSINESS F RECEPTION AREA ORGANIZER 3/27/01 YC3612-SIR $186.95
TOTAL FOR NATIONAL BUSINESS FURNITURE $186.95
30013 NATIONAL CAMERA EX OL YMPUS SMARTMEDIA CARD 3/27/01 0307101LPX $95.80 .
TOTAL FOR NATIONAL CAMERA EXCHANGE $95,80
30014 OFFICE MAX CREDIT P COLOR COPIES FOR PLANNING 3/27/01 $68.90
TOTAL FOR OFFICE MAX CREDIT PLAN $68.90
30015 PEPSI COLA COMPANY 3/27/01 64848738 $76.15
TOTAL FOR PEPSI COLA COMPANY $76.15
30016 PHILLIPS WINE & SPIRt 3/27/01 697360 $145.54
30016 PHILLIPS WINE & SPIRI 3/27/01 697360 $1,980.00
30016 PHILLIPS WINE & SPIRI 3/27/01 697361 $17.00
30016 PHILLIPS WINE & SPIRI 3/27/01 697362 $141.74
30016 PHILLIPS WINE & SPIRI 3/27/01 697362 $1,138.65
30016 PHILLIPS WINE & SPIRI 3/27/01 697363 $17.00
30016 PHILLIPS WINE & SPIRI 3/27/01 697364 $22.60
30016 PHILLIPS WINE & SPIRI 3/27/01 697364 $440.00
30016 PHILLIPS WINE & SPIRI 3/27/01 699473 $476.70
30016 PHILLIPS WINE & SPIRI 3/27/01 699473 $163.50
30016 PHILLIPS WINE & SPIRI 3/27/01 699474 $258.25 .
30016 PHILLIPS WINE & SPIRI 3/27/01 699474 $424.25
30016 PHilLIPS WINE & SPIRI 3/27/01 699476 $32.00
30016 PHilLIPS WINE & SPIRI 3/27/01 699476 $155.15
30016 PHILLIPS WINE & SPIRI 3/27/01 699476 $347.02
TOTAL FOR PHILLIPS WINE & SPIRITS $5,759.40
30017 PRECISION DATA SYS HP PRINTER CARTRIDGES 3/27/01 3867 $30.66
30017 PRECISION DATA SYS HP PRINTER CARTRIDGES 3/27/01 3867 $30.67
30017 PRECISION DATA SYS HP PRINTER CARTRIDGES 3/27/01 3867 $30.67
TOTAL FOR PRECISION DATA SYSTEMS INC $92.00
30018 QUEST 3/27/01 $51.96
TOTAL FOR QUEST $51.96
30019 SO lK MTKA POLICE D APRil 2001 MONTHLY BUDGET 3/27/01 $44,902.67
TOTAL FOR SO LK MTKA POLICE DEPT $44,902.67
30020 THORPE DISTRIBUTIN 3/27/01 220109 $12.55
30020 THORPE DISTRIBUTIN 3/27/01 220109 $747.00
30020 THORPE DISTRIBUTIN 3/27/01 220190 $41.05
30020 THORPE DISTRIBUTIN 3/27/01 220190 $1,018.30
Check # Vender Name Description Check Date Invoice # Amount
30020 THORPE DISTRIBUTIN 3/27101 220694 $23.75
30020 THORPE DISTRIBUTIN 3/27/01 220694 $58.80
30020 THORPE DISTRIBUTIN 3/27/01 220695 $25.10
30020 THORPE DISTRIBUTIN 3/27101 220695 $190.85
TOTAL FOR THORPE DISTRIBUTING COMPA $2,117.40
30021 TONKA AUTO AND BOD LUG 3/27101 230316 $1.37
TOTAL FOR TONKA AUTO AND BODY SUPP $1.37
30022 TRI COUNTY BEVERAG 3/27/01 82414 $110.25
TOTAL FOR TRI COUNTY BEVERAGE & SUPPLY $110.25
30023 TWIN CITY WATER CLI BACTERIA ANALYSIS FOR FEB 3/27101 7300 $20.00
TOTAL FOR TWIN CITY WATER CLINIC $20.00
30024 UNITED LABORATORIE DEGREASER 3/27/01 08895 $197.53
TOTAL FOR UNITED LABORATORIES $197.53
30025 UNUM LIFE INSURANC APR L TD PREMIUM 3/27101 0296876-040 $221.11
30025 UNUM LIFE INSURANC APR L TD PREMIUM 3/27/01 0296876-040 $12.03
30025 UNUM LIFE INSURANC APR L TD PREMIUM 3/27/01 0296876-040 $13.67
30025 UNUM LIFE INSURANC APR L TD PREMIUM 3/27/01 0296876-040 $13.96
. TOTAL FOR UNUM LIFE INSURANCE CO $260.77
30026 WINE MERCHANTS 3/27/01 12363 ($107.50)
30026 WINE MERCHANTS 3/27/01 40197 $170.75
30026 WINE MERCHANTS 3/27/01 40198 $412.75
TOTAL FOR WINE MERCHANTS $476.00
30027 XCELENERGY 3/27/01 0145-009-26 $14.28
30027 XCEL ENERGY 3/27/01 0408-607-95 $62.44
30027 XCEL ENERGY 3/27/01 0615-308-36 $3.14
30027 XCEL ENERGY 3/27/01 0677-702-26 $547.90
30027 XCELENERGY 3/27/01 1285-101-66 $14.59
30027 XCEL ENERGY 3/27/01 1373-808-26 $7.58
30027 XCELENERGY 3/27/01 1440-708-46 $204.71
30027 XCELENERGY 3/27/01 1564-303-36 $7.65
30027 XCEL ENERGY 3/27/01 1605-305-56 $96.27
30027 XCEL ENERGY 3/27/01 1724-866-54 $78.02
30027 XCEL ENERGY 3/27/01 2001-503-26 $15.27
. TOTAL FOR XCEL ENERGY $1,051.85
TOTAL CHECKS $150,444.96
PAYROLL APPROV ALS
For 3/26/01 Council Meeting
Prepared by:
Date:3 ~dd--t) /
.
Reviewed by:
Bonnie Burton, Finance Director
atherine Elke, r. Accountant
~~
Date: $z/ot
Approved by:
Crai
Date:t?~ "J.2.1J /
awson, City Administrator
.
Payroll Register
Check # Last Name First Name MI Check Amt Check Date
216484 ALLAN CHARLES P 40.63 3/13/01
216485 BOELMAN MARY M 128.58 3/13/01
216486 BROWN LAWRENCE A 1,776.24 3/13/01
216487 BURTON BONNIE M 1,373.65 3/13/01
216488 DA VIS CHARLES S 1,126.09 3/13/01
216489 DAWSON CRAIG W 1,566.59 3/13/01
216490 DEPAUW MARTIN J 147.16 3/13/01
216491 DUFFY DAVID C 140.38 3/13/01
216492 EISCHENS JAMES E 491.99 3/13/01
216493 ELKE CATHERINE M 729.91 3/13/01
216494 FASCHING PATRICIA L 752.82 3/13/01
216495 FLEMMING JAMES D 77.57 3/13/01
216496 GEYEN NICOLE M 40.63 3/13/01
. 216497 GROUT TWILA R 874.14 3/13/01
216498 HARPER MATTHEW P 40.63 3/13/01
216499 HELGESEN PATRICIA R 747.17 3/13/01
216500 HELLING PAMELA J 465.87 3/13/01
216501 HIRSCH DANA M 49.10 3/13/01
216502 JOHNSON DENNIS D 1,125.20 3/13/01
216503 KALLEST AD STEPHEN N 912.74 3/13/01
216504 KARELS PAUL C 123.82 3/13/01
216505 KOOY DYLAN J 40.63 3/13/01
216506 LATIERNER SUSAN M 418.78 3/13/01
216507 LEDWITH JAMES R 69.52 3/13/01
216508 LUGOWSKI JOSEPH P 977.21 3/13/01
216509 MALUCHNIK KRlS A 298.06 3/13/01
. 216510 MANN CARTER S 40.63 3/13/01
216511 MANSHIP AUSTIN A 28.63 3/13/01
216512 MARRON RUSSELL R 40.10 3/13/01
216513 MASON BRADLEY J 1,001.19 3/13/01
216514 MCNALLY SEAN P 153.88 3/13/01
216515 MILLER TIMOTHY G 33.25 3/13/01
216516 MOORE JULIE K 197.61 3/13/01
216517 NICCUM LAWRENCE A 1,305.08 3/13/01
216518 NIELSEN BRADLEY J 1,056.94 3/13/01
216519 PANCHYSHY JEAN M 1,194.55 3/13/01
216520 PAZANDAK JOSEPH E 1,319.34 3/13/01
216521 POUNDER CHRISTOPHER J 1,195.46 3/13/01
216522 RANDALL DANIEL J 1,153.01 3/13/01
216523 SCHMID CHRISTOPHER E 587.58 3/13/01
216524 SCHNEEWIN JACQUELYN K 930.07 3/13/01
Thursday, March 22, 2001 Page 1 of2
Check # Last Name First Name MI Check Amt Check Date
216525 SW AND BY DONALD R 1,135.00 3/13/01
216526 VOGT MITCHELL T 47.61 3/13/01
216527 WEBB ARCHIE 225.14 3/13/01
216528 WEISSNER JESSE A 240.44 3/13/01
216529 WHITE BRYAN 190.95 3/13/01
Total of Checks $26,611.57
Thursday, March 22, 2001
Page 2 of2
.
.
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
March 20, 2001
TO:
Mayor and Council Members
Jean Panchyshyn, Deputy Clerk i
Craig W. Dawson, City Administrator c3:>
A Motion to Adopt a Resolution Proclaiming Arbor Day in Shorewood as
Saturday, April 28, 2001
FROM:
RE:
For the past several years, the City, has recognized Arbor Day by planting a tree in one of the
parks or public areas. The enclosed resolution proclaims Saturday, April 28 as Arbor Day in
Shorewood. Staff will determine where this year's Arbor Day tree will be planted. Approval of
the resolution requires a simple majority vote by Council.
*313
n
~J PRINTED ON RECYCLED PAPER
CITY OF SHOREWOOD
RESOLUTION NO. 01-
A RESOLUTION DECLARING THE OBSERVANCE OF
ARBOR DAY TO BE APRIL 28, 2001
WHEREAS, trees use up excess carbon dioxide in the atmosphere and turn it into
life-giving oxygen; and
WHEREAS, trees help conserve energy; that is, three properly planted trees
around a home can cut air conditioning bills by ten to fifteen percent; and
WHEREAS, trees turn urban "heat islands" into cool and comfortable "oasis",
making the concrete jungle livable for all of us; and
NOW, THERE BE IT RESOLVED by the Shorewood City Council that the
citizens of Shorewood are encouraged to observe Saturday, April 28, 2001 as Arbor Day
by planting a tree and thereby hoping to ensure a green Shorewood and Minnesota in
decades to come.
.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
this 26lh day of March, 2001.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 .www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council
Larry Brown, Director of Public work-r
March 22, 2001
FROM:
DATE:
.
RE:
A Motion Awarding Contract for Spring Cleanup Services
May 19th has been established as the date for Spring Cleanup for the City of Shorewood. Proposals
were received by three firms to provide the following services:
. Curb side pickup on May 19th
. Roll off containers at the Public Works Facility
. Roll off container at Shady Island
. Compost disposal
. Follow up service May 21th
.
True to form, the vendors all have a unique way of calculating the costs involved. To evaluate the
proposals on a uniform basis, a typical spring cleanup scenario was utilized. Attachment 1 is that
analysis.
Waste Technology provided the best proposal for the described services. This form has provided
this service to the City of Shorewood for the previous two years. As part of the agreement with
Waste Technology, the final contract will clarify the number of employees to be utilized, and the
parameters surrounding the roll-off containers. For future cleanup events, a standard proposal form
will be used to move away from the need to compare "rabbits to hares."
Recommendation
Staff is recommending approval of a motion which awards the contract to Waste Technology,
Incorporated for providing services for Spring Cleanup Day.
:fisc..
ft
~J PRINTED ON RECYCLED PAPER
Spring Cleanup Day
Proposed May 19, 2001
Analysis of Proposals
Assume the followin2 conditions (based upon previous cleanup days)
Assume material hauled is 120 tons refuse
Assume 22 employees required
Assume waste taxes and tip fees approximately $2000 (estiamted)
Assume 12 hours for all truck and personnel
Waste Technolo2V
Amount
Equipment Costs 7 Trucks $ 80.00 per hr/truck 12.0 hrs $ 6,720.00
.
Labor Costs 22 employees $ 22.50 per employee 12.0 hrs $ 5,940.00
Refuse Costs 120 Tons $ 41. 00 per ton $ 4,920.00
Waste fees (assumed) $ 2,000.00
Total $ 19,580.00
Waste Mana2ment
Equipment & Labor 22 employees $ 85.00 per empoyee 12.0 hrs $ 22,440.00
Costs
Refuse Costs 120 Tons $ 45.00 per ton $ 5,400.00 .
Waste fees (assumed) $ 2,000.00
Total $ 29,840.00
Attachment 1
. ----
.
.
.
Waste Technology Inc
5232 Hanson Court
Crystal MN 55429
..763-537-3333
r R" 'ir.". .,....... .,.-.. ~'" rv-:" ~ 1
I. H. " "H :' 1:., "~!'r ..
~ .I,. !., p ". . t .. ~. """.~.
I 'MAR 0 1 ~O(L1" I
LBY':. '. "___J
February 23, 2001
City of Shorewood
Attn: Pat Fasching
5755 Country Club Road
Shorewood MN 55331
Dear Pat:
This letter is regarding the residential spring cleanup' scheduled May 19th 2001.
We are honored to place our bid as follows:' ' ,
. Seven Trucks at $80.00 per hour.
. $22.50 per hour per Employee.
. $41.00 per ton for Disposal.
Thank you for this opportunity, and if you have any questions or concerns please call us
at the number listed above.
Thank you.
David Hayes
President
-
r102!!-~~7':;"i:~;:~"~:~T:f":];~.)1
MAR 1 3 2001
WASTE MANAGEMENT
j
f..;~'~:~~<~'::7::::::~~,.. ,
124 Union Street
P.O. Box 119
Norwood Young America, MN 55368
(952) 467-2999
(952) 467.2043 Fax
March 12, 2001
City of Shorewood
Attn: Pat Fasching
5755 Country Club Road
Shorewood,MN 55331
.
Dear Pat:
Thank you for giving Waste Management the opportunity to quote on your city clean up.
Our goal is to provide the best service at a competitive price.
Waste Management will provide two (2) - 30 yd dumpsters at the Public Works facility
on Friday May 18th, We will also provide curbside collection of refuse and yardwaste on
Saturday and Sunday if need be.
Billing for the clean up is as follows: Disposal at $45 per ton, appliances at $20 per unit
and labor at $85 per hour per employee. Roll off boxes will be billed at $150 per haul
plus disposal.
Please call me at 952-467-2999 if you have any questions.
.
S~p_
SteveMetz -0
District Manager
.' .~ i
:'. !.'
'....' " .....,...
. .
. : ~ ;;..
;.{ ~
,.:' ."
" .
.-.'....,' .:
A Division of Waste Management ofMN, Inc.
,", ~,,'
~.
.
.
..
.
.
<;)
Bff
! ~;'::-:;:-:;;-
~ ),'~-\-.;:.': ..'
_,__._._.... n.___._ _~'_,'_"'_ _
".' .'.
f FE B 2 8 2001
!
lB~-..;~7~;.~=~~~::.;~;,~::. -::.~..". ::-;.~:~-:: :....
February 27,2001
City of Shorewood
Attention: Pat Fasching
5755 Country Club Road
Shorewood,~ 55331
Dear Pat:
This is in reply to your letter dated February 21,2001 requesting a bid from BFI for the
May 19,2001 City of Shorewood clean-up. In checking our schedule, I am sorry to say
that we could not bid on that particular date due to other city clean-up commitments.
We are willing, however, to provide you with a competitive price if the City is willing to
move the cleanup date to summer. Namely, any date after June 23, 2001 would be
acceptable. If this is an option is City would like to discuss further, please feel free to
contact me directly and we can discuss. My tele . ne number is 952-946-5330.
c
9813 Flying Cloud Dr. . Eden Prairie, Minnesota 55347
30% Post.Consumer <i)
.
.
CITY OF SHOREWOOD
PARK COMMISSION MEETING
TUESDAY, MARCH 13, 2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:30 P.M.
MINUTES
1. CONVENE PARK COMMISSION MEETING
D' RIll:T'"
.. ..v.;.t.iJ ~r-
Chair Arnst called the meeting to order at 7:31 P.M.
A.
Roll Call
Present:
Chair Arnst; Commissioners Young, Berndt, Puzak and Dallman; City Engineer Brown
and Council liaison Christine Lizee
Absent:
Commissioners Bix and Meyer
B.
Review Agenda
Puzak moved, Dallman seconded to approve the agenda as submitted. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. Park Commission Meeting Minutes of February 13, and February 27, 2001
Puzak moved, Dallman seconded, approving the Minutes of February 13, 2001. Motion passed
4/0/1, with Berndt abstaining. .,
Dallman moved, Puzak seconded, approving the Minutes of February 27, 2001, as submitted.
Motion passed 4/0/1, with Berndt abstaining.
3. MATTERS FROM THE FLOOR
There were none.
4.
REPORTS
A. Report on the City Council Meetings of February 26, 2001 and March 12, 2001
Liaison Lizee had nothing new to report from the February 26, 2001, City Council Meeting. Engineer
Brown reported on the City Council Meeting of March 12,2001. Brown informed the Commission that
we now have phosphorous lawn fertilizer legislation moving ahead which restricts its sale and use. He
pointed out that Mayor Love, Attorney Keane, and Administrator Dawson are working to get this adopted
into law and that the City of Shorewood is the first city to attach the ordinance to point of sale.
Brown reported that the City Council authorized the agreement with the MCWD, Minnehaha Creek
Watershed District, allowing them to begin the process to release their portion of the funds necessary to
purchase the Gideon Glen property.
Brown also shared a memo put out by Administrator Dawson outlining upcoming meetings. The first
meeting will be held March 26, 2001, following the City Council meeting, focusing on the Community
w;JF511
PARK COMMISSION MINUTES
TUESDAY, MARCH 13,2001
Page 2 of 5
Visioning campaign. The other important date to note will be April 17, 2001, for a joint City
Council/Commissions/Staff orientation and training session.
B. Report on Park Foundation Meeting of February 21, 2001 (Commissioner Dallman)
Dallman reported that during the last Park Foundation meeting they reviewed the by-laws and made
revisions. These changes to the by-laws are included in the packet for suggestion before they move to
City Council for approval. Dallman noted that the Foundation will be made up of a smaller team and will
now be a fundraising organization. Chair Arnst complimented Dallman on the positive changes being
made by the Foundation and asked for further comment from the Commission.
Puzak suggested scheduling an annual work session with sports organizations to discuss their needs and
allow the Commission to make more informed decisions about field usage etc. Since the Foundation will
no longer be the sounding board for sports organizations, Puzak felt a spring meeting with them and
perhaps MCES would be beneficial.
C. Report on Land Conservation Environment Committee (Commissioner Berndt)
Berndt shared that earlier this evening, the LCEC listened to an informative presentation given by Connie
Fortin, and environmental landscaping consultant. Fortin spoke on shoreline planting and native
landscaping or "Aquascaping" along the water's edge. All of which ties into the phosphorous lawn
fertilizer ordinance by reducing the amount of runoff our freshwater lakes receive by using native
shoreline plantings as buffers.
.
Berndt also reported on the progress of the Hennepin Compo sting Bin pilot project that the City is
involved in. She reminded the Commission that the City has 300 bins available and to be distributed on
May 19, 2001, at the public works Spring Clean-up Day. She also mentioned the various watershed
district liaison positions need to be filled.
D. Arbor Day Scheduled for April 28 (Engineer Brown)
Chair Arnst reminded the Commission that Arbor Day is fast approaching and asked for any suggestions
for the occasion. Discussion ensued with the possibility of tying Arbor Day to one of the Grand Openings
we have this spring. A potential site near Eddy Station was discussed, as was another by the Skate Park. .
It was determined that during spring park tours a variety of sites would be considered.
.
5. EDDY STATION CONCESSION STAND - (Discuss vendor telephone survey, review options and
decide on further action)
Brown was pleased to report that as of late, he has interviewed several vendors about the potential of running
the concessions at Eddy Station. From what Brown determined, many of the vendors move south during the
fall and winter months to run their businesses, which explains the lack of response from the original RFP.
Brown spoke and met with Hare Concessions recently and together they visited the site. Hare has indicated
they have an interest in the business and will get back to the City within the week to see if something might
potentially be set up on a trial basis. Brown continued that he would be meeting with another potential
vendor on Thursday. Brown learned that the vendors operate on a very tight margin and while they will
partner with the City and commit to a fixed percentage of 15-20% of sales, they are hesitant to give us a flat
fee without first operating on a trial basis. A trial basis could potentially run from mid May through August
with an opportunity to then evaluate the business.
PARK COMMISSION MINUTES
TUESDAY, MARCH 13.2001
Page 3 of 5
Brown asked the Commission that, if they were comfortable, he would continue to negotiate with the
potential vendors and draft up a formal agreement. Dallman encouraged the Commission to give Brown the
freedom and flexibility to sit down and negotiate with the vendors. Puzak suggested trying to negotiate a
sliding scale percentage of sales, which would vary depending on the total sales. Puzak also felt it would be
beneficial to have a financial person from the staff accompany Brown during negotiations, and even
volunteered his own services. Young inquired over the Bennett Park operation.
Dallman believed a trial period to be a wise choice for both the City and vendors. He went on to note that if
after the trial period ends, the concessionaire decides not to continue, vending machines are always another
option. He also asked about the potential of hiring a part time Park Administrator who would oversee the
various park needs, concessions, rink attendants, and act as the Coordinator to MCES.
Brown agreed that this would be one possible solution. He pointed out that a number of issues present
themselves, and without the help of Twila Grout, of staff, and Charlie Davis, of public works, it would be
difficult to coordinate all of them.
.
Berndt pointed out that the objective is to have a concessionaire in the building, but the vending machines do
offer a fall back option. Puzak reminded the Commission that they built the building because they wanted a
concession stand there. Chair Arnst suggested negotiating a trial basis period with a vendor to establish a
baseline of what is possible at the park short term. She urged Brown to continue his negotiations and
exploratory meetings. Brown agreed to move full steam ahead.
6. DISCUSSION ON DEEPHA VEN'S REQUEST FOR TELEPHONE AT SKATE PARK
Chair Arnst asked for feedback from the Commission regarding the "bulletproof' telephone booth at the Skate
Park. Based on the enclosed memo, Dallman encouraged staff to check with the Phone Company to be sure
that they will not raise fees if usage is not what they expect at the park.
.
Puzak: inquired over the fees we pay for phone service at Crescent Beach. Brown reported that most
companies are abandoning their coin operated phone business and are requiring the purchase of the phone.
Dallman noted that although Deephave is willing to pick up the installation, Shorewood would be responsible
for the bills, approximately equaling $300 + over six months. Berndt asked if there was potential for an
emergency phone to be installed. Chair Arnst suggested further options be explored based on the soon to be
obsolete coin op market and the City's limited budget.
7. EVENTS 2001
. DISCUSSION OF SKATE PARK NAMING PROCESS
Dallman asked whether the City might be willing to sell naming rights for the park. During his Executive
meeting with the Legion last night, he discussed with them the opportunity of purchasing the naming rights of
the Skate Park for say approximately $1,000 annually giving the veterans exposure and money to Parks.
Berndt liked the idea tremendously and saw this opportunity of tying together the kids and the vets as a nice
meeting of the generations. Puzak thought the Skate Park would make a dynamite spot for the Memorial
with views from the highway. Brown added that he could speak to MnDOT about the scenic overlook across
highway 7 as another potential Park location, as it once was a park to begin with. Dallman maintained that
while the vets would still like to see the memorial located within the cemetery, the naming rights could offer a
unique community flavor.
PARK COMMISSION MINUTES
TUESDAY, MARCH 13,2001
Page 4of5
Puzak pointed out one other avenue to consider, that the Park itself is unique in that five Communities, a
number of private donors, as well as, a number of youth have contributed a great deal to its creation. Brown
commented that the community visioning process could be embraced by pulling in the other communities
who helped develop the park. Young asked why we couldn't extend an invitation to the other Commissions,
thanking them for their support, and inviting them to share their ideas for naming the park.
Chair Arnst felt there were two very good, yet potentially distinct, directions on the table and asked if
following one alienated the other. She asked the Commission to give this further thought and consider the
combination of tying the veterans and the kids together as Dallman had presented.
. DISCUSSION OF EDDY STATION GRAND OPENING
While Brown refused to commit to a fina,l date of completion, due to weather and weight restrictions, he did
believe it would not be too far off. Lizee did not see a conflict with tbe Grand Opening and the completion.
She maintained that the Grand Opening would probably not occur until mid June anyway, when the use of the
park would be in full swing.
8. REVIEW DRAFT OF PARK FOUNDATION BY-LAWS
Discussed earlier under Reports.
.
9. CONSIDERATION OF SCHEDULE OF PARK LIAISON TO CITY COUNCIL
Chair Arnst asked for volunteers for the 2001 liaison positions. They are as follows:
. March Berndt
. April Young
. May Arnst
. June Puzak
. July Meyer
. August Bix
. September Dallman
. October Berndt
. November Young .
. December Arnst
When asked if a liaison is needed at every Council meeting whether a Park Commission meeting has taken
place or not, both Brown and Lizee said that the City Council likes to see a representative in attendance no
matter what.
10. OLD BUSINESS
Brown explained that he has not yet awarded the skate park contract to a vendor because he feels it is
necessary to call one more meeting of the design committee in order to discuss several of the
recommendations from vendors he has received. Puzak agreed to meet on Thursday afternoon at 4 P.M.
Berndt expressed her concern over dogs in the parks and on the trail systems. She noted that this year the
trails look especially awful and inquired what measures can be taken to encourage people to clean up after
their pets. .A..rnst said that in Chanhassen, they have put up temporary signs reminding people that picking up
..
.
.
PARK COMMISSION MINUTES
TUESDAY, MARCH 13,2001
Page 5 of 5
after their. dogs is a City ordinance. Brown noted that there are plenty of receptacles around and that public
works does their best to replenish the baggie supply. Puzak suggested having a picture of a five gallon bucket
full of feces collected from the trails depicted in the newsletter and remind people that it is not allowed to be
left behind, and if we want to continue to bring our dogs to our local parks, we need to be respectful. Another
alternative Puzak suggested was to carry in the bucket and bring it to public attention during a City Council
meeting when reporters are present. Finally, Puzak pointed out that the City might need to prohibit pets in
certain parts of the parks near the ball fields to eliminate the problem all together and only allow them in the
wooded area.
Liz6e added that John Shardlow of government services will be conducting the orientation on April 17.
11. NEW BUSINESS
Brown reported that Shorewood and Excelsior are in the midst of beginning to do things jointly in regards
to public works. Both City's hope to save money on equipment and manpower, while encouraging the
visioning process working cooperatively.
Chair Arnst complimented staff on supplying the Commission with monthly calendars and also requested
the new schedule of Council Liaisons be included on the calendars as well. Brown asked whether the
Commission would like to receive their packets via E-Mail, to which most replied negatively.
12. ADJOURNMENT
Dallman moved, Young seconded to adjourn. Motion passed 5/0.
The meeting adjourned at 9:17 ~.M.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
RECORDING SECRETARY
.
CITY OF
SHOREWOOD
:
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927' (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Mayor and City Council ~
Larry Brown, Director of Public Works Jp'
Craig Dawson, City Administrator ct
March 21,2001
FROM:
.
DATE:
RE: A Motion to Award Contract for Skate Park Equipment
On February 20, 2001, proposals were received for construction and delivery of skate-park
equipment, as shown in Attachment 1.
As the City Council is aware, there has been a substantial time delay from the time of receipt of
proposals, and publication of this report. This has been due to. the wide range of materials, type of
construction, recommended revisions to the skate-park layout (as suggested by vendors) and method
of installation for the products proposed. Staffhas put many hours of research and investigation into
the above items, to determine the highest quality of product at the best price.
.
Attachment 2is the tabulation of costs for the proposals received. Ramptech, Incorporated provided
the best price for the request. The base price received by Ramptech is $17,660.50. Vendors
proposed materials known as "Skatelite" (shown in the base quote column) or "Skatelite Pro"
(alternative quote column) as the ramp surface suitable for outside conditions.
Skatelite is comprised of a combination of epoxy resin and masonite. Staff questioned if Skatelite
was appropriate for winter and wet conditions, as required in the request for proposals. Vendors
that provided a quote using Skatelite stated that the material would fair "reasonably well" in this type
of climate. To help determine what "reasonably well" meant, the Skatelite material was tested by
immersion in water for several days. Results proved that once the material was saturated, it swelled
and deformed.
Vendors were contacted again, to determine what advantages would be provided in the higher
quality materials. Without fail, the vendors stated that "Skatelite Pro" was the answer. This material
is comprised of a higher epoxy resin content and durability factor. While more expensive, the
material "weathered" the testing without deterioration. Ramptech provided a price of $19,010.50
for ramps constructed with Skatelite Pro.
n
~J PRINTED ON RECYCLED PAPER
#58
"
t.-
Mayor and City Council
Award of Contract for Skate-Park Equipment
March 21,2001
Page 2 of2
Skate Park Budi!et
To date, $22,718.00 has been collected with an additional $1,000.00 pledged. Looking at the overall
project, the following items are needed:
(estimated)
Total
Costs
$ 19,010.50 (1)
$ 0.00 (2)
$ 4,000.00 (3)
$ 1,250.00
$ 150.00 (2)
$ 300.00
$ 4.000.00 (2)
$ 28,710.50
.
Item
. Skate Park Equipment with Skatelite Pro
. Assembly and Installation of Equipment
. Bituminous Overlay Project
. Bituminous Curbing Center Island
. Striping
. Parking. Stops & Bollards
. Landscaping
(estimated)
(estimated)
Notes:
(1) Sales tax not included
(2) Direct project cost for materials only. Labor provided by Department of Public Works.
(3) Shorewood's participation of joint overlay with MnlDOT for repairs to the park.
This tally indicates that additional fund raising would be advantageous for the project. If necessary,
the bituminous overlay for the project can be accomplished via the annual roadway overlay efforts.
.
Regardless of the final fund raising tally, enough funds have been received to proceed with the order
for the skate-park equipment. Delivery time for the ramps is calculated at the end of April or first
part of May. Conditions of the contract are fifty percent of the funds are due up front to the vendor,
with the remaining fifty percent due upon delivery of the materials. Normally, a five-year warranty is
provided. However, since the City is installing the equipment, a one-year warranty applies.
Recommendation
Staff is recommending approval of a motion that awards the contract to Ramptech, Incorporated in
the amount of$19,01O.50.
.
.
.
11
",....
C)
,5
'm
...
b
!'ii' S
.- 0. ...J ~
0._
= 0.. N "C
m~ N C fa
oC, )( m.c
i: ;:-"1 ~
.:.::: CD ~
U "C :;:: (:) (c ~
.cD II) N...... -0
....J"'O! ><>e......
N l m ..J :l: s: 'V IE
~ Gii(oNw: ift r-
.... .r:: - cD ~.r:: >..
~ .e~ ~ a )(;;- .Q
(D3:<o>i:r::> '5
-~ )(~l~<o g.
)( co :r:: )( "C _)( as
:r: x~ %''''''=:t: "C
- :t:(l')~ E ~& C
M. .lI'::'" as_ (t,) ca
CD en c )C So.r:: CD c
Q.CD to 0 c. 2l c. tJ)
:e. .9-..p ..p == . ~ '5. "05
-c.:!:Sca_1 CD
as I OO.c0CT C
.c C"__ ..
. .....~uico.....
..,.. C\I ...~
Attachment 1
(
.
City of Shorewood
Skate Park Equipment Proposal Results
February 20, 2001
Base
Quote
$ 17,660.50
$ 23,757.00
n/a
n/a
n/a
Notes:
n/a = quote not provided for this category
Alternate
Quote
$19,010.50
n/a
$21,826.30
$23,199.93
$29,655.00
~';
Comments
Alt. Quote based upon Skatelite Pro surface
Alt Quote based u on Ram skin surface
Alt. Quote based u on Skatelite Pro surface
Ram a e is steel construction onI with Skatelite Pro
.
.
Attachment 2
"
..
t'
.
.
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, MARCH 6, 2001
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Bailey called the meeting to order at 7:07 P.M.
Present:
Chair Bailey; Commissioners Anderson, Packard, Pisula, and Woodruff; Attorney King,
representing City Atty. Keane of Larkin, Hoffman, Daly, and Lindgren, Attys. At Law;
Council Liaison Turgeon; and Planning Director Nielsen
Absent:
Commissioner Gagne
APPROVAL OF MINUTES
.
February 6, 2001
Woodruff approved, Anderson seconded, approving the February 6, 2001 Planning Commission
Minutes, as amended on Page 3, Item 3, Sentence 2 of Historic Preservation, change "older homes"
to ''historic homes," and on Page 4, Paragraph 3, Sentence 6, change "tower space and placement"
to ''tower licensing fees." Motion passed 5/0.
· February 13, 2001
This meeting was cancelled, thus, there were no minutes for approval.
1. 7:00 P.M. PUBLIC HEARING - APPEAL NECESSITY OF SETBACK VARIANCE
For future reference, a memorandum dated March 1, 2001, from Director Nielsen to the Planning
Commission, Mayor and City Council, referenced as File No. 405(01.02) is on file at City Hall. This
memorandum provides more detailed information regarding decisions made and actions taken regarding
the Appeal of the Zoning Administrator's Interpretation of the Needfor Variance.
Applicant: James Russell
Location: 26080 Birch Bluff Road
Chair Bailey opened the Public Hearing at 7:07 P.M. He reviewed the procedures used in a Public
Hearing, noting the Planning Commission was responsible for making a recommendation to the City
Council. Should this application be acted upon this evening, it would appear on the Regular City Council
Meeting Agenda on March 26, 200 1.
Director Nielsen reviewed the procedures utilized in an Appeal process. He summarized previous actions
taken by the Planning Commission and City Council regarding this application. Director Nielsen then
provided background relative to this case, noting this was an appeal of the Zoning Administrator's
Interpretation of the Need for a Variance. He noted the applicant referred to Section 1201.03 Subd. 1.j. of
the Zoning Code as his basis for not needing to apply for a variance.
Planning Commission Meeting Minut~s
March 6, 2001
Page 2 of6
...
,
..
f
Director Nielsen explained the Zoning Code sets forth the rules by which property can be used or
developed in the City. Frequently, there are uses ofland or structures that existed prior to the adoption of
certain zoning requirements that do not comply with current zoning standards. Consequently, most
zoning regulations establish special requirements as to how certain nonconformities will be treated.
These provisions were found in Section 1201.03, Subd. 1 of the City Zoning Code. The Zoning Code
also makes distinction between nonconforming uses (uses not allowed in the Zoning district) and
nonconforming structures (buildings not conforming to certain performance requirements-e.g. setbacks,
heights, etc.).
Director Nielsen further explained that the applicant stated the construction of a new permanent
foundation would simply be a repair that would make the structure in question more livable by leveling it
and keeping animals from beneath it. Staff maintained that a new foundation would be a substantial
structural alteration to this dwelling that would serve to encourage continuation of the nonconformity.
Furthermore, Director Nielsen stated patching the foundation, shimming the structure level, and
installation of skirting to thwart animals could achieve the same "livability."
Director Nielsen summarized his recommendation, noting that the Shore wood Zoning Code allowed for
the existence of nonconformities with some limitations. Without such limitations, property owners were .
granted special privileges not available to other property owners who were expected to comply with
current standards. The zoning requirements relative to nonconformities were considered to be reasonable,
while still furthering the intent of the Code. He noted the applicant was able to repair his roof and enjoy
the use of the cabin as people had done in the past without a variance or need of an appeal
Director Nielsen also commented the intent of 1201.03, Subd. 1.j. could seem to modify Subd. Lb.
however, the intent of the Code was to allow for minor repairs, such as changing windows, new roofmg,
etc., and not for significant alterations, such as changing the structure from seasonal to permanent year-
round use. He also noted the property valuation by the assessor was low, due to the excessive value of
lakeshore lots. The structure itself, on the property was valued as a "teardown" and given a nominal
value. The assessor agreed to reevaluate the property, however, Director Nielsen believed the expenses of
roof and foundation work might exceed fifty percent in spite of that new assessment.
Mr. James Russell, owner of the property at 26080 Birch Bluff Road, was in attendance and addressed the
Commission. Mr. Russell explained his father purchased the property in 1950 and owned it until his
death in 1990, whereupon Mr. Russell took ownership. He stated his wife and three sons were also
present in the audience, and a son was videotaping this Commission Meeting.
.
Mr. Russell stated that the foundation was insubstantial in its purpose as it was made of poured eight-inch
reinforced concrete with wire mesh to a depth of eighteen inches. This was not adequate in making it a
frost-free foundation. Over time, the foundation had cracked causing substantial gaps and leaning, which
allowed vermin easy entry to the space beneath the house. In addition, there was also a wooden skirt to
the rear of the house that also allowed vermin to easily access the crawl space under the house.
Mr. Russell also stated he received the valuation of the house and land determined to be approximately
$172,OOO-with the dwelling being valued at approximately $1,000. In July of 2000, a tree fell on the
roof of the dwelling cutting a twelve foot wide hole in the attic space. Mr. Russell stated the Building
Inspector suggested an additional structure be built to fix the situation. In working with the Planning
Commission previously, no recommendation had been made to the City Council, based on a 3-2 vote
denying the variance request. Mr. Russell stated he had asked the City Attorney of Golden Valley to
review the Shorewood Zoning Code pertaining to this matter. It was that Attorney's opinion that a
variance was not necessary, and thus, Mr. Russell decided to appeal the case bringing him to this meeting.
2
Planning Commission Meeting Minutes
March 6, 2001
Page 3 of6
Mr. Russell also stated he believed staff to be well intentioned and the spirit of the law was stated in
Director Nielsen's memorandum, dated March 1,2001. Mr. Russell also stated there would be five issues
presented this evening in his portion of the appeal process.
First, Mr. Russell stated he viewed the foundation work as repair work and correcting something done
incorrectly initially. He stated he could not redo the foundation as it was, but required it to be a 42"deep
in order to construct a frost-free foundation.
He stated he believed the term "livability" had liberal interpretations within the Code, and the livability of
his home was affected in many ways. He had shimmed the foundation in the 1970' s and found it to be a
temporary repair at best. His windows and doors no longer work correctly, and raccoons have left feces
beneath his home. He stated he believed a frost-free foundation would cure all of these problems and
would definitely improve the livability of his home.
.
Also, Mr. Russell took issue with Subd. 1.j.. of Zoning Code Section 1201.03 with regard to the
requirement of a variance when significant structural alterations encourage the survival of a
nonconforming structure. Specifically, he referred to the possibility of alterations and expansions being
allowed and questioned when those options would expire.
Furthermore, he referred to Shorewood Ordinance Section 1201.03 Subd. La. and the use of the words
"...all nonconforming uses..." being singled out for conformity. Mr. Russell asserted since the term
"nonconforming structures" were not specifically stated within the Ordinance, it could only mean the
nonconforming structures were being allowed to remain indefinitely without being brought into
compliance.
Mr. Russell also took issue with the words "...from and after the date of said destruction..." found in
Subd. 1.g. of Section 1201.03 of the Shorewood Zoning Code. He asserted deterioration of a foundation
over time could not be deemed "destruction," as there was no exact date of destruction.
.
In summary, Mr. Russell noted he did not believe a variance procedure would be required for a
foundation improvement to a nonconforming structure which in most settings would be considered
ordinary maintenance. He stated the Ordinance regulating nonconforming structures, in his opinion, did
not put restrictions on maintenance being made, and permitted, without a variance, alterations when they
would improve the livability of his home. Also, he stated he believed the Ordinance would permit,
without a variance, an expansion of a nonconforming structure.
In final conclusion, he stated livability of his home would increase with a new foundation, and he asked
the request for the new foundation be approved.
Chair Bailey closed the Public Hearing at 7:43 P.M.
Commissioner Pisula stated he believed the task of the Planning Commission to be how to interpret the
City Code to identify alternatives permitting Mr. Russell to have reasonable use of his home and property.
Commissioner Woodruff commented she did not believe repairs of materials and replacement of materials
to be the same thing. She also questioned the need for replacement of the foundation now when no
problems had been demonstrated prior to this request.
3
Planning Commission Meeting Minutes
March 6, 2001
Page 4 of 6
Atty. King commented, in response to Chair Bailey's question, there appeared to be interesting points to
consider regarding the perception that specific words were omitted from the Ordinance. She also
commented she was not sure the City needed to abide by the wording presented in Mr. Russell's portion
of the appeal process which quoted the Minnesota Statutes Section 645.16 as "... When the words of a law
in their application in an existing situation are clear and free from all ambiguity, the letter of the law shall
not be disregarded under the pretext of pursuing the spirit..." Furthermore, she stated her legal opinion
was not the critical issue, rather it was whose interpretation of the Zoning Code was more important in
this case. She also commented the intent of the law should be considered. She also encouraged the
Commission to consider the overall picture of the Ordinance in this dispute and try to find an accurate
interpretation, rather than segment various portions for dissection and analysis.
Commissioner Anderson questioned Director Nielsen about what would encourage the survivability of a
nonconforming structure. Director Nielsen responded structural alterations primarily would encourage
the survivability of a nonconforming structure.
Commissioner Pisula stated he believed there were several ways Mr. Russell could enhance the livability
of his home and property, however, these options came with varying restrictions and consequences. He
also explained it was important to be impartial when determining issues related to nonconformities in the .
City.
Commissioner Anderson stated he believed the question to be whether the foundation request was to be
considered a repair or a structural alteration. He stated the foundation could be patched and repaired,
which would also eliminate the raccoons. However, he was not sure patching the foundation would
improve the use of the windows and doors. He stated the issue regarding the windows and doors related
to an original structural problem. Also, he stated he was sympathetic to Mr. Russell's desire for a
correctly built home, however, the issue before the Commission this evening would be one that required a
variance. Commissioner Anderson commented the replacement of the foundation seemed to be structural
and not a repair. He stated he thought Director Nielsen was correct in his determination that this would
be a significant structural alteration in need of a variance.
Chair Bailey stated he thought there were some surface inconsistencies in parts of the Ordinance;
however, he found the replacement of the foundation to be a structural alteration as well. He also stated
he did not think it necessary to override Subd. Lb. of Section 1201.03 to improve the livability of the
home on this property. With regard to Subd. l.g. of the same Section, he believed the specific date of
destruction occurred in July 2001, and thus, became a nonconformity that should be fixed.
.
Anderson moved, Woodruff seconded, accepting Director Nielsen's recommendations requiring a
variance, and the appeal be denied. Anderson moved, Woodruff seconded, amending the motion to
include directing Staff to prepare a Findings of Fact for Mr. James Russell, 26080 Birch Bluff
Road. Motion passed 5/0.
Chair Bailey stated the Commission would recess for a five-minute break.
Chair Bailey reconvened the meeting at 8:30 P.M. He complimented the Planning Commission on asking
questions and providing what he believed was a fair hearing.
2. RECOMMENDATION OF PLANNING COMMISSION CHAIR
AND VICE CHAIR FOR 2001
Woodruff moved, Pisula seconded, accepting the nomination of Jeff Bailey as Chair of the Planning
Commission. Motion passed 5/0.
4
Planning Commission Meeting Minutes
March 6, 2001
, Page 5 of 6
Anderson moved, Pisula seconded, accepting the nomination of Donna Woodruff as Vice Chair of
the Planning Commission. Motion passed 5/0.
3. REVIEW PLANNING COMMISSION WORK PROGRAM FOR 2001
Director Nielsen reviewed the Work Program for 2001 with the Commission, noting there were no
significant modifications to be made to the Work Program from previous discussions. He also stated the
Commission intended to review one Planning District a month. Also, he noted the County Road
19/5mithtown Road intersection was an exciting project to be discussed in the upcoming year. He further
explained the Gideon Glen project would be examined for use, protection, and restoration of the wetland
area as well. Also, there was potential for a Public Safety complex, including Police and Fire departments
to be planned just east of the Shorewood Public Works Department building.
4. DISCUSS COMPREHENSIVE PLAN-DETAILED AREA PLANS
.
Director Nielsen reviewed the First Planning District of the Comprehensive Plan. He explained the text
used in the City's Comprehensive Plan defined the area's characteristics, current land use, and any
potential plans and/or concerns for the area. He reviewed prior aspects of this District, noting the Upper
Lake Minnetonka Yacht Club had.been "grandfathered" in to the Lakeshore-Residential District
designation of the City Zoning Code. Also, the bridge repair work had been completed in this District.
Commissioner Woodruff suggested it might be economically efficient to explore shared services with
other neighboring communities for snowplowing of the "Islands" area of this District. The Commission
agreed with this suggestion.
5. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
6. DRAFT NEXT MEETING AGENDA
The Commission and the City Council will hold a Joint Work Session on March 20, 2001 to discuss the
Work Program for the Year 2001 as well as issues related to historic properties, right-of-way, and housing
. diversity.
7. REPORTS
Chair Bailey reported on matters considered and actions taken at the February 26, 2001 Regular City
Council Meeting (as detailed in the minutes of that meeting). He reported it was imperative that Planning
Commissioners notify Chair Bailey or Director Nielsen if unable to attend Planning Commission
meetings and also receive a confirmation of notification of their absence for any meeting.
In addition, he reported a Government Training Service Workshop would be held on April 21, 2001 with
other Planning Commissioners from surrounding communities. More specific information will be made
available to Commissioners as soon as possible.
City Council Liaisons for the following months were scheduled as follows:
March Commissioner Woodruff
April Commissioner Pisula
5
Planning Commission Meeting Minutes
March 6, 2001
Page 6 of6
May
June
July
August
Commissioner Anderson
Commissioner Packard
Commissioner Gagne
Chair Bailey
Chair Bailey stated he would be available for substitutions if given a 24 hour notice.
Council Liaison Turgeon noted there would be a workshop on April 16, 2001, regarding roles relative to a
City Council. More information would be available later.
8. ADJOURNMENT
Woodruff moved, Pisula seconded, adjourning the Planning Commission Meeting of March 6, 2001,
at 9:54 P.M. Motion passed 5/0.
Respectfullv Submitted
Sally Keefe
Recording Secretary
6
~
\'
.
.
, .
.
..
.
.
CITY OF SHOREWOOD
JOINT PLANNING COMMISSION
AND CITY COUNCIL MEETING
TUESDAY, 20 MARCH 2001
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M
MINUTES
~~~.
.~
CALL TO ORDER
Chair Bailey called the meeting to order at 7:03 P.M.
ROLL CALL SCHEDULE
Planning Commission Present: Chair Bailey; Commissioners Woodruff, Pisula, Packard and Gagne
Absent: Commissioner Anderson
City Council
Present: Council members Lizee, Garfunkel, and Turgeon
Absent: Mayor Love and Councilmember Zerby
Also Present
City Administrator Craig Dawson and Planning Director Nielsen
APPROVAL OF MINUTES
· March 6, 2001
Pisula moved, Packard seconded, approving the March 6, 2001, Planning Commission
Minutes as amended on Page 2, Paragraph 7, Sentence 4 changing "due to a tie vote.." to
"based on a 3/2 vote denying the variance request." and on Page 3, Paragraph 10, Sentence
1 removing "best to allow" and changing it to "to interpret the City Code to identify
alternatives permitting" and finally, changing the word "certain" on Page 4, Paragraph 3,
Sentence 1 to "varying". Motion passed 4/0/1, with Gagne abstaining.
1. FINDINGS OF FACT - RUSSELL APPEAL
Appellant: James Russell
Location: 26080 Birch Bluff Road
Director Nielsen presented the new Findings of Fact to the Commission, pointing out that based
on City Attorney Keane's recommendation they remove the word "That" from each finding.
Pisula moved, Gagne seconded, approving the Findings of Fact and passing them along to
Council. Motion passed 5/0.
Chair Bailey called a five minute recess at 7: 10 P.M to set up for the study session.
CITY OF SHOREWOOD
JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING
TUESDAY, MARCH 20, 2001
Page 2 of 4
......
~
..
7:15 P.M. STUDY SESSION
2. REVIEW PLANNING COMMISSION WORK PROGRAM FOR 2001
Chair Bailey referenced the attached Planning Commission Work Program and Calendar for
2001 and asked Director Nielsen to expand on the priorities as outlined therein for the City
Council.
In reviewing the Work Program, Director Nielsen explained that many of the items contained
within the plan were either new, in the process of being addressed or those leftover from last
year. He identified several issues under investigation. The first item was the Subdivision
Ordinance revision. Additional drafting of the technical document is necessary, and a revised set
of standards needs to be completed and included in the manual. The second topic Nielsen
brought up for discussion was the use of the Public Right of Way (RO.W). Although Engineer
Brown has drafted regulations, the questions over "who" gets to use the Public RO.W and what
fees to charge them remain. The third topic Nielsen identified, was organized garbage
collection. He touched on other areas to be addressed as well, such as, historic preservation, .
Planning Districts, and the redevelopment plan for Smithtown/County Rd. 19.
Garfunkel noted that after meeting with Tonka Bay last night, he was given the impression that
Tonka Bay would still like to partner with Shorewood and run a new liquor store operation at the
intersection, be it in the strip mall or another location. Administrator Dawson was positive about
this early agreement in principle.
Nielsen went on to recognize other items on the Work Agenda, including, Site selection for a
FirelPolice Department complex, the study of existing housing diversity, senior housing
suitability and needs, and asked the City Council for their input.
3. DISCUSSION OF CITY COUNCIL PRIORITIES FOR THE PLANNING
COMMISSION
Garfunkel inquired which of the items on the Work Program would give the Commission the .
"biggest bang for its buck". He pointed out that even though refuse collection may be a tough
subject to tackle, it could make a big difference. Turgeon asked if the Garbage collection issue
could be moved up on the tentative calendar. Dawson cautioned that many statutes require
certain time elements.
Bailey brought up the issue of the intersection redevelopment as an early priority, as well as, the
RO.W regulations and subdivision ordinances that Engineer Brown hoped to see addressed.
Dawson emphasized the fact that since the subdivision ordinance is almost complete, that project
should be put to bed early on.
Garfunkel noted that senior housing needs and site suitability were brought to the Council last
year and never acted on. He questioned whether the senior housing issue should be addressed
and completed as well. Garfunkel then voiced his opinion that the historic preservation issue
could be moved to the latter part of the year, and focus be put instead on completing the
accessory space amendment by June.
!
CITY OF SHOREWOOD
JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING
TUESDAY, MARCH 20,2001
Page 3 of 4
Woodruff pointed out that so many of the issues on the Work Program are interrelated and
cannot be addressed without addressing the others.
Based on discussion, Director Nielsen was encouraged to adjust the calendar to slide the
Subdivision Ordinance to start in July and finish up in October, and instead, move the
consideration of organized Garbage Collection up to mid April. The Commission and Council
set April 17, 200 1, at 6P .M. just prior to the joint work session as the first scheduled discussion
of the issue.
.
Lizee distributed information she had put together based on material she had received from the
Minnesota Historical Society . Based on a number of special property requests the Commission
and Council have seen in recent years as it pertains to historic or older properties, she felt it was
important to address the approach we take when looking at these homes. Lizee noted in her
handout that the challenge for the City is to balance the character of existing neighborhoods with
the desire of residents to improve their properties. With this in mind, she identified the housing
goals and objectives in the current Comprehensive Plan. She also pointed to the "This Old
House" home improvement exclusion law enacted by the Minnesota State Legislature in the
early 1990's as a potential model for Shorewood.
Dawson cautioned that the Commission identify what's valued within the community and not
confuse "old" with "historic". Bailey agreed that the City needs to refer to its own
Comprehensive Plan when determining what and how we preserve the variety and integrity of
our character.
.
Nielsen took the recommendations from the Council and agreed to tweak the timeline by moving
Senior Housing up to early June, Garbage Collection up to April, leaving Accessory Space for
Marchi April consideration, and moving back the study of historic preservation and housing
diversity to October. Nielsen noted that the intersection redevelopment will be an ongoing issue
with special attention being given to pedestrian circulation, landscaping, and entryway. Lizee
encouraged Nielsen to promote citizen involvement by incorporating community and public
information meetings into the planning process.
Dawson suggested thought be given to the site selection process for the Police and Fire
Department facility and he recommended a mid year plan including site and architectural designs
be submitted for consideration.
4. MATTERS FROM THE FLOOR
There were none.
5. DRAFT NEXT MEETING AGENDA
The Commission recognized April 3, 2001, as the next regular Planning Commission meeting.
Nielsen reported a C.D.P. will be up for discussion and added the Accessory Space issue, a
County Road 19 update, and one to two Planning Districts to the agenda for the evening. The
following meeting will take place at 6P .M. on April 17, 2001, just prior to the joint work session,
CITY OF SHOREWOOD
JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING
TUESDAY, MARCH 20, 2001
Page 4 of 4
~
in order to discuss organized Garbage Collection. Dawson added that John Shardlow will be
presenting a Planning Commission training seminar on Saturday, April 21, 2001, at the Senior
Center.
6. REPORTS
Woodruff reported on the City Council Meeting of March 12, 2001. She reported that Eric
Evenson of the MCWD was in attendance and that the Council approved the agreement between
the City of Shorewood and the MCWD, Minnehaha Creek Watershed District, in regards to the
Gideon Glen Wetland Preservation Project. Woodruff pointed out that Dan Dickel, the City
Consultant, was also in attendance and shared an outline for the phytoremediation project for the
Gideon Glen property, an outline that will become more concrete when the weather improves.
She announced that the Eddy Station building will soon be celebrating its grand opening and that
the City is currently talking to potential vendors.
Woodruff reported on the recent LCEC meeting, of March 13, 2001. During the meeting, Mayor
Love presented the Phosphorous Free Lawn Fertilizer ordinance being considered by the Senate
and gave an update of the potential bills progress. Dawson pointed out that as of yesterday, the
Phosphorous Free Lawn Fertilizer ordinance has become a bill. Woodruff reported that Dan
Dickel shared the Gideon Glen outline, and the LCEC then listened to a presentation on
"Aquascaping" given by Connie Fortin, of Fortin Consulting. Woodruff added that it is the
LCEC's desire to design and showcase several sample "Aquascaping" gardens within the City of
Shorewood for its residents to visit and learn from.
.
7. ADJOURNMENT
Pisula moved, Gagne seconded, adjourning the Joint Planning Commission and City
Council Meeting of March 20, 2001, at 8:45 P.M. Motion passed 8/0.
RESPECTFULLY SUBMITTED.
Kristi B. Anderson
Recording Secretary
.
.
CITY OF
SHOREWOOD
..
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128' www.cLshorewood.mn.us' cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
.
DATE:
1 March 2001
RE:
Russell, James - Appeal Zoning Administrator's Interpretation of
Need for Variance
FILE NO.:
405(01.02)
BACKGROUND
.
In November of last year James Russell requested a variance to build a new foundation
under the cabin located at 26080 Birch Bluff Road. The variance was necessary because
the cabin does not comply with the setback requirements of the R-IC/S, Single-Family
ResidentiallShoreland zoning district. Two staff reports, dated 30 November 2000 and 4
January 2001 provide background and staffs recommendations relative to the variance
request. A third brief staff report, dated 8 January 2001, was provided to the City
Council citing past zoning and subdivision actions where the correction of
nonconformities was required as part of City approvals. These staff reports are provided
for your review as Attachments I-III (copied in yellow).
The Planning Commission held a public hearing to consider the variance request on 5
December 2001. As can be seen from the minutes of that meeting (Attachment IV), the
Planning Commission split on its recommendation to the City Council.
Before the Council was to hear the request, Mr. Russell withdrew his application for a
variance, stating that he disagreed with staff's interpretation that a variance was
necessary in this case. He has now filed an official appeal as set forth in his letter, dated
10 January 2001 (Exhibit A, attached).
,..
t.: PRINTED ON RECYCLED PAPER
/p.A.
Memorandum
Re: Russell Appeal
1 March 2001
ISSUES AND ANALYSIS
The Planning Commission and Council should review two sections of the Zoning
Ordinance relative to this case. Section 1201.05 provides for an appeal process, and
Section 120i.03 Subd. 1. sets forth rules for nonconforming structures.
A.
The Appeal Process. A property owner has the right to make an appeal "where it
is alleged that there is an error in any order, requirement, decision or
determination by an administrative officer in the enforcement of this
Ordinance. ..". In this case staff advised Mr. Russell that a variance would be
necessary in order to build a new foundation under the nonconforming cabin on
his property. Staff subsequently recommended in favor of granting a variance,
subject to conditions that would bring the structure into substantial compliance
with R-1C/S setback requirements (Le. within one foot of a twenty-foot side yard
setback).
.
The appeal process is similar to that of a variance, the difference being that to
obtain a variance the applicant must demonstrate "undue hardship" that prevents
the applicant from making reasonable use qf its property without an exception to a
particular zoning law. For an appeal the applicant must explain why the
determination of the City official (in this case the Zoning Administrator) is in
error. Mr. Russell refers to Section 1201.03 Subd. l.j. of the Zoning Code as his
basis for not needing to apply for a variance.
.
B. Nonconformities. The Zoning Code sets forth the rules by which property can be
used or developed. Frequently there are uses of land or structures that existed
prior to the adoption of certain zoning requirements and do not comply with
current zoning standards. Consequently, most zoning regulations establish special
requirements as to how such nonconformities will be treated. These provisions
are found in Section 1201.03 Subd. 1. of the Zoning Code.
In Shorewood's Code some distinction is made between nonconforming uses
(uses that are not allowed in the zoning district) and nonconforming structures
(buildings that do not conform to certain performance requirements - e.g.
setbacks, height, etc.). In fact, our existing requirements were relaxed from what
previously existed. For example, prior to 1985, nonconforming structures could.
not be enlarged or extended in any fashion. Our current Code allows single-.
family dwellings to be expanded as long as the new portion of the building
complies with setback and height requirements.
The applicant states that the construction of a new permanent foundation is simply
a repair that will make the structure in question more livable by leveling it and
keeping raccoons out from under it. Staff maintains that a new foundation on a
dwelling is a substantial structural alteration that would serve to encourage the
-2-
Memorandum
Re: Russell Appeal
1 March 2001
survival of the nonconformity. Patching the existing foundation, shimming the
structure level, and installing some sort of skirting to keep raccoons out could
achieve the same "livability".
In considering the applicant's appeal the Planning Commission and Council must
determine whether the roof repair and foundation replacement are simply repairs
necessary to improve the livability of the dwelling, or a significant structural
alteration that will encourage the survival of a nonconforming structure. In
reviewing this questiori it is s,uggested that the following provisions of 1201.03
Subd. 1. be considered:
.
Subd. l.a. "Purpose:.. ..It is necessary and consistent with the establishment
of these districts that nonconforming structures and uses not be permitted to .
continue without restriction. ..."
Subd. 1.b. "Any structure or use lawfully existing upon the effective date of
this Ordinance shall not be enlarged, extended, or structurally altered, but may
continue at the size and in the manner of operation existing upon such date except
as hereinafter specified or subsequently amended."
.
Subd. l.g. "If at any time a nonconforming structure or use shall be destroyed
to the extent of more than fifty percent (50%) of its fair market value, said value
to be determined by the City Assessor, then without further action by the Council,
the structure and the land on which such structure was located or maintained shall,
from and after the date of said destruction, be subject to all the regulations
specified by these zoning regulations for the district in which such land and
structures are located. Any.structure which is damaged to an extent of less than
fifty percent (50%) of .its value may be restored to its former extent. Estimate of
the extent of damage or destruction shall be made by the Building Official.
Exception: Single-family residential units may be rebuilt on
nonconforming lots of record, provided that setbacks are complied with to
the extent possible."
It should be noted that the assessor has an extremely low value on the structure in
question (approximately $1000). If in fact the foundation is considered destroyed,
and one-half of the roof has been destroyed, a question arises relative to this
provision. If need be the assessor has indicated he will reevaluate the subject
'. property. The applicant should be prepared to provide his bids for the cost of the
roof andfoundationfor comparison to the amount of the damage.
-3-
-
.
.
Memorandum
Re: Russell Appeal
1 March 200 I
RECOMMENDATION
The nonconforming structures provisions of the Zoning Code are there to protect the
rights of property owners who own such structures (commonly referred to as "grandfather
rights"). As long as the property remains unchanged, the nonconformity is allowed to
remain as it exists. These rights are not without limitations, however. The restrictions
imposed on such properties are intended to encourage the ultimate compliance of the
property with current standards. Without such limitations the propelty owners are
granted special privileges not available to other property owners who are expected to
comply with current standards.
Shorewood's zoningrequirements relative to nonconformities are considered to be
reasonable, while still furthering the intent of the Code. It must be remembered that the
applicant is able to repair his roof and enjoy the use of the cabin as people have done for
over 100 years. .
If you have questions relative to this matter, please do not hesitate to contact me prior to
next Tuesday's hearing.
Cc: Craig Dawson
Tim Keane
Jim Russell
-4-
Re: Building Permit for a foundation at 26080 Birch Bluff Road
Maintenance of a legal nonconforming structure is not addressed by 1201.03. Nothing in the ordinance prevents
maintenance from being performed. '
.~~.~f.9."=,<"",,,,~~_......,-
11-'\ Ue:: ri':..";), r~ n ~\ ,r. ~7D. " ,
i, L"'" \,' t..." '. ,. I r-- \ 1 \, . .,..=: i .~\.:
" ). ...... . -7:j1j:
~ IUI ':
'ii' ' - I
~[J I.I,JAN 1. ~ REC'D lL})
, S~v__. IJan 10, 2001
,-"''-~~'''~~.A;......, ..._ ~ _~.
~
To The City of Shore wood
, 5755 Country Club Road
Shorewood, MN 55331
Attn: Brad Nielsen
The foundation of the structure at 26080 Birch Bluff Road consists of a poured reinforced concrete wall on three
sides which extends into the ground about eighteen inches. The building is supported additionally by reinforced
concrete pads on the surface at 12' distances with 6" x 8" X 12' wooden beams joining the pads. There is no
concrete wall at the rear of the building facing Birch Bluff Road. Over the years the concrete walls have cracked
causing the following problems:
1) The house has distorted making it difficult to open certain windows and in the winter the side door.
. The rear of the house nearest Birch Bluff Road is now at a slightly lower elevation than the front.
3) The gaps in the concrete and the lack ofa concrete wall at the rear of the house invite animals to occupy the
crawl space. Cats and chipmunks are regular visitors. Racoons continuously leave their feces (a territorial claim
for their species as I understand it).
1201.03 Subdivision 1, paragraph j permits alterations to a lawful nonconforming residential building when the
alterations will improve the livability thereof. The replacement of the existing concrete walls with the addition of
a concrete wall at the rear of the house would solve all the problems listed above and improve its livability.
It has been suggested that the word "may" in this paragraph of the ordinance requires the person seeking a
building permit to submit himself to the variance procedure. This interpretation converts the word "may" to
"mayor may not" and it is notable that the word "may" appears in Sec. 1201.03 subdivision 1 paragraphs b, f,
g, and I where no variance requirement could be contemplated.
.-l.1ave consulted with Allen D. Barnard of Best and Flanagan, LLP who has examined the Shorewood City
rdinances mentioned here and who has expressed his opinion to me and to Tim Keane that the need for ordinary
maintenance and the language of your Sec. 1201.03 subdivision 1 paragraph j that "Alterations may be made
to a building containing lawful nonconforming units when it will improve the livability thereof..." entitle me to the
issuance of a building permit for the replacement of the deteriorated foundation at this address without a
variance.
The replacement foundation will improve the appearance of the house from every side which should please the
neighbors and the city and squaring the house and barring the furry creatures will improve the livability of it. I
request that a building permit be issued as soon as possible for a foundation improvement as proposed. It is
important that the work be done this winter to avoid the nonavailability of the contractors and the spring thaw.
(jin ereIY~~. /.1
~, .'7 /I
, .~ '.U~;!(c:;/'
..../
V James H. Russell
Exhibit A
APPELLANT'S LETTER
Dated 10 January 2001
.
.'. :,.
. .
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
. FAX (952) 474-0128 · ,www.ci.shorewood.mn.us · cityhall@cl.shorewood.mn.us
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
.
FROM:
Brad Nielsen
DATE:
30 November 2000
\,
RE:
Russell, James - Setback Variance
FILE NO.:
405 (00.31)
. .
. BACKGROUND
.
Mr. James Russell owns the property at 26080 Birch Bluff Road (see Site Location map-
Expibit A, attach~d). The property is occupied by an old cabin, a CarpOlt and two accessory
structures, as shown on Exhibit B. Due to recent storm damage, Mr. Russell must replace the
existing roof on the structure.. As explained in his letter (Exhibit C), Mr, Russell wishes to
place a foundatiori under the existing cabin in conjunction with the roof replacement. Since
none of the structures on the site comply with current setback 'requirements, he. has requested
variances to allow the cabin to remain in its present location.
The property is zoned R-l CIS, Single-Family ResidentiallShoreland and contains 16,204
square feet of area. The existing cabin is only six feet from an old .street right-of-way called
'Third Street, which is classified as a "[lIe lane" on the Zoning Map. Sinc,e these fire lanes are
technically street right~"of-way, a 35-foot setback would ordinarily be required.
As shown on Exhibit B, two small accessory structures located on the property not only fail to
comply with setbacks, but are actually located within the public right-of-way.
ANAL YSISIRECOMMENDA TION
While there is significant precedence for granting a variance to the setback requirement from
the fire lane, there is also a good opportunity to achieve better compliance with current
standards as part of the proposed work on this site. .
Attachment I
~
~t1 PRINTED ON RECYCLED PAPER
.
.
'.
Memorandum
Re: Russell Variance Request
30 November 2000
The City has .granted variances to fire lane setbacks on at least three other occasions.. Similar
requests have been granted in recent years on Birch Bluff Road, Femcroft Drive and Glen
Grove Path. It is worth noting that, following a lengthy fire lane study a few years ago, the
City decided to retain ownership of fire lanes for lake access, rather than vacate them. In
essence the fire lanes are more like park property than street right-of-way. For example, the
Glen Grove Path fire lane was .maintained primarily for drainage purposes. The Eureka Road
fire lane is designated as a Class ill frre lane which allows pedestrian access to the lake,
. fishing, and launching canoes and small boats not requiring a trailer: The Third Street fire
lane is similarly classifie~. .
When viewed more as park land, it is appropriate to require nomal setbacks. In this case, the
westerly property line would be treated as a side lot line. For lakeshore lots, a total of 30 feet
of side yard must be provided, with neither side being less than 10 feet. Although the
applicant has requested to keep the building in its current location, it is recommended that the
building be turned on the lot to comply to the extent possible with the required setback
requirement. Construction of a new foundation requires the building to be raised up anyway.
SiI;lce the cabin is 46 feet wide without the carport, and the lot is 75 feet wide, the building
will be one foot short of the 30-foot requirement, but far more in compliance with current
standards A review of the home locations on Exhibit G illustrates that not all buildings have
been oriented par31lel to the lakeshore. In fact, the house immediately west .of the subject
property is oriented to the lot lines. In turning the stru<=ture it is highly recommended that the
applicant consider moving it back 10-15 feet in order to accommodate possible future decks or
a patio on the lake side of the house. .. .
It is recommended that the carport be removed. It is also recomniended that the two accessory
structures be brought into compliance with setbacks. This may mean the demolition of the
earth-sheltered building that encroaches onto Birch Bluff Road. One problem with leaving it
where. it is relates to the Zoning Code provision for average setbacks. . The properties on either
side can use this structure to reduce their front yard setbacks.
It is recommended that the applicant be granted a variance to the 35-foot setback from Thiid
Street, subject to the following:
1. The house must be turned ahd sitUated 10 feet from the easterly lot line, leaving 19
feet from the Third Street r.o.w.
2. The.carport should be removed as part of the roof and foun~ation work.
3. The two accessory structures should be brought into conformity with R-IClS setback
requirements.
4. Strong consideration should be given to moving the building back from the lakeshore
to accommodate a future deck or patio.
Cc: Tim Keane
Joe pazandak
James Russell
-2-
CJ)
LL
o
~
C3
l-
LL.
o
i=
u
UPPER LAKE MINNETONKA
Bl U
11< 11<
11<
11<
.,j,
...
500
I
o
500 Feet
I
~
N
Exhibit A
SITE LOCATION
Russell Setback Variance
//y
.~~/./' yll~
/'
UFF.UPPER'LAK~<<INNETONKA. .r
'fr- -,.. . ..~q..,
~ ...-' feJ.~~~
~~~~
lA, e "IDf) ...
y..; e,. " .' n ...,;-e
./ (IIG I \ . 'J.' a'''''''
.......... " 51lff. - ~ ~\ .d "'1.'iJ~" I
vJj/s l::) ~ .. 1l'!~;"~
. ,to, ...
. qJJ.I'~r
J~r1~~"" '.
........ ,
\
,
\
\
,
,
\
, .'
..
..L U,FlJ.' ~ .co .
JI~ RUSSELL . .
26'080 Birch Bluff Road
.
:riptic:'n:
75.00 feet of Lot
'"....
... "'\:-;
........ ....... .... \":,J
.......
, .
" -,-
..I "
';7
... ,
'" ~..
l. I
/
,111.21.100
liNe sruy ~
, I'IAHIL
,at IIIJII4e
, . :;
~
21
__'1.___
~tf1Z'L
,.,
II--..
"j
i ....
r. ('"
I ....
I
!--.
..,.
J-I}
_ANte
'.
I
..~
...............
'. I:l
~ &4/.2."'<1'6: ~
21/-.
":;:.":~~::1/~.:t
l,fIl. .........
'.' fJ/!i~~ ::.~'
..:..... o.
.
,
''iJ'~'V'"
..4;1;:. ....
,'': '
,
,
(''OJ
^
"'''''~1iI
,,; ,~
~!~'1J, .:i
" ~
t . "-
,
f
,...
'.J. ,<I"'"
t,-
...
~..)
--.,...
......~
t"" _
.. t:)
l.:.i
!.."\.
o
..J
~.
~~
~~
lJ, ~
,
(""\ ....
-.......
( .
,
. (._.
zz
'0 r
\
,:).~
......
r: ~
~ ~ .....
,tf:J
~ \11-
~
CI
~ ~
~
~ I
~.
J N
~
J
z6
1I111A = )f., "1f)~ #/.
... 7f .'-
.
NORTH
i
"lol
~
: ^
. Scale: 1." .. 20 I
o Denotes iron monument
:.xooo'.o .. Existing eleva
Bearings are assumed'
--
~''''4.T
~...
JJ.
" \
~
t'o
S\
~
l.J>
~
-rrl
....
-
I
r..z;:;~
1\
\
1\
\
.~~
." .,..4'/
~
,;;.--
\~.
,..-\-'
.
I
,
1
~cJ.$.1I1"
Exhibit B
EXISTING SITE PLAN
Top of manhole intersection Bi
N.G..V.D. 1929 adjusted eievati.
'I h~reby certify that this is a true and c-
'of a su~vey of the boundaries of the above
, - ....... . - -.
Subject:
To:
Request for a variance from the setback requirements
Shorewood Planning Commission and Council
.
On July 7,2000 a large tree limb fell onto the roof of the dwelling at 26080 Birch BIuffRd.
causing damage to the roof peak and attic. The repair will require changes in the structural
members in the attic and second floor.
The dwelling which was built in 1880 according to the Hennepin County Treasurers record, does
not have frost free footings beneath its foundation.
Your applicant has decided to install proper footings and foundation before making the attic
repairs, but is confronted with the following:
1. A 35 foot sideyard setback from the firelane which adjoins on the west.
2. A 30 foot sideyard setback total which applies to shoreline lots.
3. The encroachment on both the Birch Bluff Road right of way and the :tirelane by a stone and
concrete structure which lies on the southwest comer of the property.
4. The encroachment by a cement driveway on the firelane.
There are special conditions and circumstances peculiar to this lot and the terrain which should
entitle the applicant to a variance "from the ordinance requirements.
1. The city planner informs me that previous requests by landowners for relief from the fire1ane
setback requirements have been granted and that the firelane is treated as an ordinary lot line.
Also, it is my observation over fifty years thatthe use by the public of the firelane is minimal and
is much different than with an ordinary public street.
2. The Birch Bluff Upper Minnetonka plat was filed May 10, 1881 and used parallel lot lines
from one end to the other, ignoring the angle of the lot lines to the lakeshore. It probably
wouldn't be done the same today. The dwelling was oriented to the lakeshore, and not to the
sideyard lines, and only crosses the sideyard setback line on one comer
3. The stone and concrete strucuture built into the hillside fonned by Birch Bluff Road and the
firelane was probably built when the house was built, the fireplace and chimney and the stone
building in question probably were the work of the same stonemasons. At any rate, it is not a
noticeable building from any angle, does not infringe on the light and air of any neighbor, does not
interfere with the use of the roadway or the firelane and has great value to the property and to life
and limb because it is a safe storm shelter. There is no other storm protection available at this
house which faces north and west and gets nearly every important gale.
.... ..__....1~.JJ!~J~.!i:!l:~~~~~~_I.1:~~ with its neighbor on the opposite side of Birch Bluff Road is the
low point on Birch Bluff-ROad:TIie-1ofiS'lower-tban-llie""BifcliBluffRoacrroadDed.'iiid-lOwet'
than the firelane. The east portion of the firelane is an incline down to the lot in question. The
encroaching driveway on this incline protects it from erosion and provides traction on the incline.
.
Literal interpretation of the terms of this ordinance would deprive the applicant of the right to
preserve a worthy and historic lakehouse by installing a proper foundation. A new foundation
would probably require only a building permit on a different property.
The special conditions and circumstances that require this request for variance are the result of a
plat and building placement 119 years in the past, and also terrain conditions, and are not the
resuIt of actions by the applicant. . . / d ~.
W~~~~
/:,-A\.pphcant: /
t/' ,.
Exhibit C
APPLICANT'S REQUEST LETTER
Exhibit D
SITE PHOTOS - 1
Exhibit E
SITEPHOTOS-2
, "
"
Exhibit F
SITE PHOTOS - 3
~
x . ~.~./I ^- , \ I .' .
><:? Irz.~~.I/_~l1'\
~~ '~r;~_~ ;~~'.~J. \. "J~'
~ ~ ....
. .~:6 tv
~\"""
~.:
...... - _. '.
~.
I"~ U < ,'I ::
l' .....tl.:---: . .
.
.
. 0
.
.
.
.
.
'.
,
.
..
.
,
.
...
..
.
.
.
.
.
.
'0.
.
'.
.
. . .
..... \'~ ~,.. '~~~ ,-1
. . \ .1'.. ..r
.. . \.'- .. _, 1"" ...,.,,,
......- . ~ ~ ~......
... ...7l[ \
\'\ . '. . ~~~~~,.-~ .
... :Ar- ~ ~
. .-::Zt. :.;;!, ~
. ",..... '. .....'-.
...., -.., ".
.,'~
lIIll!
~I
rI .~
........:...- .~ '- ''''.....,-........ ..- --1 } )~')) ))\') \,<\ ~\'\
,. '\ I~~ 'II 1/;)) ~ I
. -, ~L, . ..~ ... ~ .Ij;j/;;;/}/); I
,. ----- -.... - '" / ~/I////.
.,: .;..... ": ~ 1 ij////f/
... .. /~
.... .~.~~~
~~~ ~' ~(
a ~,~ x~
" ' .. .~ 1\
z........
A~r_ ..]
a l / ~
· loJr ,,_ -' ~
7. . ~iK_
-- ~.. Ll ~~
. ("'. .X '" ,-- K jr\
~. . ,\ ...\ .' .- - -::.lJ 1
...1 i.. .. ~~'" r~
.i '. ( \~\\\\ 10" ~
-: \~ -.. ~ --" \ \~\\\\~~~.I<
ro;;.._...']\!::~~ ':".'\.e,~,.~,I~~~~~I,/,
"-'~,. . oM .'
Q ..... -. '
-. .r'- . "--. \' J
~ -~ . . It. "'''''' . ,(.
~ 1~~J.H~ L\ 1~-~-~
. - Q~r:~'. ~~~!~. . -LJ ~ rJ/
,t. 'l~y/~. ~ I
~\\ xi X'll ,J l'-../'" ,
~ .~..o!!il!l \..~
~,---=-- ~,. . \ \. .)..,c'
.... .:' '. .. ... , - \
. \O\~ ~ ExhibitG
. ~ .. ~ SURROUNDING AREA
\ ~ L.....---'
~.)~
\ . ..'~-
.,. --
.~iI
;
.'
\
.
~
~
t5
~ "i
.......
:=e
~
,
.
+-.l:'"
\) \..
'" t-
o... 0
..ocl:.
~
.... .
. . --~ 1x
. ~.....~~~
_ or' _
~[
+
+
==
+~
z
I
---+
.~
Leo C. Meloche
26120 Birch Bluff Road. Shorewood, MN 55331. FAX. & TEL 612/470.1770
'. . .. _.. ..... ..~ :
. .\':-\ l'~ ({:'~ I c::' n \\. n rs [~'\
. Jl '-. '. " . \
I -:-:l
., '
.Ill) NOV 2 T 2lOl !III
;' u ~,
'~v !
.---..............-..-..- _.....~..
November 22, 2000
.
City of Shorewood
c/o Planning Dept.
5755 Country Club Road
Shorewood, MN 55331
Subject: James Russell Project, 26080 Birch Bluff Road
Please let it be known that we . support Mr. Russel's request for a setback
variance, which would allow him to construct a new foundation under his
house.
.
~~~~~
Leo & Marcia Meloche
, \~,(~'ren~~ii~t;~
. i _. ,'\ . ',-~' : .', ";:1 \\'
:"117." ..' .' \ '
t: . i r
'.r 1"1' -2 ,:) 2000 ;,1/
;\ \ 1".J . - ~
'1 :
/You, ~8J &lDOO
<<6, 05'0 B h-.:J, lZ> J lA-~.c- RsL.
ShorQ...uJooJ1 r17N SS 3 3\
"I i..-:--: ...._ ._-;::-:~~;... .
P(i!.A..r- J?7 r.. /It' fl-L $ Q... "1 l .
;:CP1 re,.Sp Q noSe.... -eO -/-;;e, f"Pr.J/,~ c f~~ ;1;;
11,,1-; t...e- 1"/ ..f; r- ::r- 0A'71e.-50 Ru.-S~e-L-L ~ .;? 60 B ()
.e~ re-h . .e/v-k+ f{cJ we..- he.L-J e-lJ e.. Hlr. J4Lt S.!itJt
e f'f>~LJ be.- 9 :D-.-.-I-J a.. .selk..J.. . .
" v"(1,r: A..vz c-e...w~ id We. ",,-Lei o,Uo \.V h: rn
+0 COn .sJrrA.-c.-J. a... ne,l.4,/ +ou.nclJ: t.) V1
fA. VI jg,y- /1I's h 0 i.(.;$ e- fA) rJ./, oJ V?? D LJ 1 I"Lj 'r/-.
~ t!:t;re- G?11 o.,J] CC,.e-f2.41+ Lo-b CL-nJ
h ,'.$ h 0 \,L.$. f>- J ,,"" lb' p rt!!..-s e_I-?.J- II.'> ~ -1-; 0 ~
deE.s. nJ pre.-.s~J. <:1- rrol,/e-n? CL'?J
LA) e..- b 12_l. ~ .e.. \J Cil- l J- L 0 (;) J......s . -!-h ~ be-s;../
eA.e- W;# d- ;~ J'O$/;: on~. 7hE..-
ff et.,.$ J $ /d Q..; 0 -? h t..s h o' CA.. .s. e- J ..s
p(!:)-r~LlJ -/::-0 +he-, wJ 5~JQ- 0+=
()u..",... h ~ ws. e- ..
-r1, CUll Yo -..L -h r ::J CIA.- r- CfH'l 50 JorJ", If. .
;{ t-l..r.$ -rr. ",;Ly)
~ /3 t/~
... 4~1i;; ~G.Pi?
7~..:C.M qCf-llf-l>..,3 '1.3 (')&0,/
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128 · www.ci.shorewood.mn.us.cityhall@cLshorewood.mn.us
MEMORANDUM .
TO:
Mayor and City Council
.
FROM:
Brad Nielsen
~
DATE:
4 January 2001
RE: .
Russel, James - Setback Variance
FILE NO.:
405 (00.31)
This is a follow-up to the staff report, dated 30 November 2000. There are a couple of
is~;ues that deserve further comment. Most importantly, it must be remembered that the
applicant does have the option of simply repairing the roof and continuing his use of the
property as is. ,.
.
It should also be noted that a variance is being recommended. The required setback from
the Third Street fire lane is 35 feet. The previous staff report suggests that there is .
precedence for treating the fire lane as park property, rather than as a street. The result
would be a reduction to the setback to 20 feet. As it currently exists, the building is only
six feet from the rrre lape. The staff recommendations to remove the carport structure
and-turn the building would result in a 19-foot setback rather than six feet, substantially
complying with the already reduced setback. This is consistent with the variance criteria
set forth in the Zoning Code that states that variance, when' granted, should be minimized
to the extent possible.
, With respect to the stone building that is located in the public.right-of~way, the applicant
raises two issues: 1) its use as a storm shelter for the home; and 2) possible historic
significance. Relative to safety, it would make more sense, as part of the foundation
construction, to construct some sort of attached storm shelter that is more quickly and
easily a~essible to the house. A better storm shelter could be built using the recycled
fieldstone from the nonconforming building.
Attachment IT
n
tJ PRINTEO ON RECYCLEO PAPER
Memorandum
Re: Russell Setback Variance
4 January 2001
The issue of preserving historic structures has been raised in the past and was intended to
be a topic of study by the Planning Commission this year. There appears to be some
consensus among City officials that historic preservation should be factored into
redevelopment requests. While this has considerable merit, there. should be
predetermined criteria as to what should be preserved. For example, buildings to be
saved must be safe and structurally sound. There needs to be documentation of the
building's history. Although it can become quite subjective, some determination needs to
be made as to the historic significance or value of the building to be saved: Old often
does not equal good~ Ultimately there needs to be some sort of restriction on any future
alterations of such buildings to ensure that the historic character is preserved.
.
The applicant's stone building mayor may not qualify for historic preservation. In the
absence of historic preservation provision in the Zoning Code, the City may wish to
modify staff's recommendation to allow the building in question to remain for one year,
pending study and resolution of the historic preservation issue. If, after such a study is
completed, the subject building is found to comply with the rules that are adopted, it may
be allowed to remain. A development agreement, backed by a cash escrow or letter of
credi~, should be executed to ensure that the building is removed in the event that it do~s
not comply with the future preservation requirements. -
If the applicant is unwilling to- comply with these recommendations it is suggested that he
simply repair the roof and continue, his enjoyment of the property as it now exists.
.
, Cc: Planning Commission
Craig Dawson
Tim Keane
Joe pazandak
J arries Russell
-2-
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3~36
FAX (952) 474-0128. www.cl.shorewood.mn.us. cityhall@ci.shorewoocl.mn.us
MEMORANDUM
TO: Mayor and City Council
. FROM: Brad Nielsen
DATE: 8 January 200 1
RE: Russell Variance Request
FILE NO. 405 (00.31)
Soon to be Council Member Turgeon has requested information relative to past requests
where nonconforming structures were required to be brought into conformity. It must be
realized that the City has not granted a great number of variances over the past several
years. Consequently, the following list includes other types of zoning actions and
subdivision approvals.
.
Twetan (variance) removal of nonconforming deck
Kracker (c.u.p.) remove/ move nonconforming boathouse
Kvalseth (c.u.p.) remove/move nonconforming boathouse
Hume (c.u.p.) move nonconforming barn ,
ReifenbergerlMorford (subdivision) move/remove nonconforming shed
Anderst (subdivision) remove nonconforming shed
Jensen (subdivision) remove nonconforming barn
Olson (variance) remove nonconforming shed
Gopon (variance) remove nonconforming deck, reduce size of second deck
This list is not exhaustive. For one thing it only goes back to 1994. It does, however,
suggest a policy of correcting nonconformities.
There will undoubtedly be more questions at the meeting.
Attachment ill
ft
~;1 PRINTED ON RECYCLED PAPER
Planning Commission Meeting Minutes - Page 4 of 9
December 5, 2000
FILE COpy
Turgeon moved to table this matter to January 2, 2001, Planning Commission Meeting so that
clarification could be obtained on the lengthy. list of conditions required for approval. Motion
failed for lack of a second. .
Anderson moved, Callies seconded, recommended approval of a Conditional Use Permit subject to
. staff recommendations and a plan for screening of the mechanicals on the rooftop of the proposed
addition as well as a designated sidewalk to the buses from the building, for Our Savior's Lutheran
Church, 23290 Ifighway 7. .
Commissioner Anderson commented this seemed to be a good project. He believed City staff to be
competent and capable of dealing with the complexities involved in this matter in an effort to work
together with the church. He also reiterated his request for architectural standards being held in this
matter.
Chair Bailey commented he would not vote favorably for this matter as he agreed with Commissioner
Turgeon.
.
C;::ommissioner Woodruff stated she thought the same initially', but was confident enough agencies were
involved to handle the matter effectively.
""
Motion passed 3/2, with Bailey and Turgeon 4issenting.
2. 7:15 P.M. PUBLIC HEA~G ..SETBACK VARIANCE
Annlicant:' James Russell"';.
Location: 26080 Birch Bluff Road
.
Director Nielsen provided background on this matter, noting the property was occupied by an old cabin, a
carport, and two accessory structures. Due to recent storm damage, Mr. James Russell must replace the
existing roof on the house. He wished to place a foundation under the existing cabin in conjuction with
the roof replacement. Since none of the structures on site comply with setback requirements, a variance
was being requested to allow the cabin to remain in its. present location. The cabIn was only six feet
from a classified fire lane on the Zoning Map. Typically, a 35-foot setback is required. In addition, the
two accessory structures were located within the public right-of-way.
Director Nielsen also cited three instances where variances were granted to fire lane setbacks~ He also
noted in essence, the fire lanes were found to be more like park property rather than a street right-of-way.
When viewed as park land, normal setbacks become appropriate. Director Nielsen's recommendation to
turn the house to more effectively comply with setback requirements was combined with his
recommendation to consider moving the house back an additional 10-15 feet in the event a deck on the
lakeside of the house would ever be warranted. In addition, possible demolition or conformity of the two
accessory structures was recommended. The carport was to be removed as part of his recommendations
as well.
Mr. James Russell, owner of the property, stated the house was believed to have been built in 1880 and
he was nineteen when the house was purchased by his father in 1950. Last July 7, during a storm, a
maple tree fell in the middle of the roof attic space leaving a 12 foot hole. Mer meeting with a
contractor and city officials, it was decided there were structural concerns and rebuilding was necessary.
As part of this concern, he opted to build a foundation as well as repair tl1.e roof. He also noted the house
had historical merit as well. Mr. Edward Eeter, the owner in 1920, had documented the site was a ticket
office for a streetcar boat. Mr. Russell believed his home to be a charming place worth saving.
Attachment IV
.
Planning Commission Meeting Minutes - Page 5 of 9
December 5, 2000
~
Mr. Russell had done calculations regarding Director Nielsen's recommendations and a survey an<l found
the proposed tUnl would be eighteen degrees. He noted the houses to the east were oriented to the lake as
was this one, and this turn would change it from a westerly facing direction to a northerly facing
direction, thus, minimizing the sunsets observed across the lake. He also stated turning the house would
change, but not cure, the compliance issues. Thus, he would resist making the turn. His contractor
informed him the cost to turn the home would double the estimate for lifting the house.
Furthermore, he stated he would like to keep his carport as he used it for boat parking~ and he saw it as an
embellishment to the property and would hate to lose it. With regard to the two accessory buildings, the
9 x 12 foot building can be moved, and the stone building seemed to be built at the same time the cabin
was built since the stonework matches the chimney. He also noted this stone house did not interfere with
any use of the area, and his family utilized it as a storm shelter in the past. They would most likely
continue to do so as the proposed foundation was anticipated to be 42 inches with footings.
hI conclusion, Mr. Russell stated he had no obvious need for the deck and did not anticipate selling in the
near future hence, there would be no need to move the house back the additional 10-15 feet as suggested.
.
Chair Bailey opened the Public Hearing at 9:08 P.M.
Mr. Edward Soner, 26100 Birch Bluff Road-the property inunediately west,.stated he did not see what
these recommendations would accomplish. He believed the historic aspects of Mr. Russell's property
added to the value of the property. Furthermore, with these improvements the foundation would
stabilize, but turning the house would not fix anything in his opinion.
Chair Bailey closed the Public Hearing at 9:10 P.M.
Commissioner Anderson questioned what actually would be achieved by turning the home. Director
Nielsen reiterated the setback requirements and noted this was a structu~l alteration ofa non--conforming
site.
.
Commissioner Turgeon stated she was thinking of any future owners and that it would be nice to fu. part
of the problems on the site since opportunity had presented itself, and a future owner may want to have
them f!Xed. Also, she noted she was also trying to be both fair to the applicant and consistent with what
had been done in the past.
Commissioner Woodruff stated she sympathesized with the issue of turning the house and changing the
view of the lake, however, this was a tough issue to resolve. She had no problems with leaving the stone
house on site in its present location.
Commissioner Callies confmned should Mr. Russell repair the roof but not replace the foundation, the
home could exist in its current location. Mr. Russell responded it would be a much better home with the
foundation and would greatly improve the living space. Commissioner Callies also stated she did not
have a problem with the storm shelter.
Commissioner Anderson commented this was a tough issue because the economics of turning the home
needed to be balanced with the Zoning Code requirements.
Commissioner Callies confirmed moving the house back 10-15 feet did not have anything to do with
bringing it into conformity.
&
Planning Comlmission Meeting Minutes - Page 6 of 9
December 5, 2000
~
Chair Bailey questioned Mr. Russell about accessing the driveway.. Mr. Russell responded the driveway
was accessed using the fire lane as had been done for the past 150 years. He was not aware of the
prohibition of non-motorized vehicles on a fire land until this evening, and actually this fire lane was
used very little as this was a summer home for his family.
Chair Bailey stated the Planning Commission tries to bring conformity to the community, and it would be
hard to "turn a blind eye" to this massive nonconformity. He cited the use of the rrre lane as a driveway,
concrete beneath the carport, as well as the nonconforming accessory structures contributing to the
overall detriment of the site. While these have all been a part of the past, it would be difficult to ratify
these issues in granting a variance, he stated.
Mr. Russell questioned whether the Commission should take into consideration the existence of
structures and uses for the past 150 years when it is considering a request.
Commissioner Turgeon asked Mr. Russell if he could live with the issue of turning the house. He replied
it was already encroaching on the setback areas, and he did not see it as a possible solution.
.
Commissioner Anderson stated he was concerned with setting a precedent, but did not want to deny this
request. He also noted Mr. Russell may want to reconsider as the costs to bring the site into conformity
could become burdensome.
Anderson moved, Callies seconded, recommending approval of the Variance, subject to staff
recommendations and the addition of moving the driveway and bringing it in compliance with the
Zoning Code, for Mr. James Russell, 26080 Birch Bluff Road. .
Commissioner Anderson commented he would be voting against his motion even though he thought Mr.
Russell's attempt to fix the home was admirable.
Commissioner Turgeon stated she could support leaving the stone home provided nothing further was
done to it. She would support removal of the shed and carport, the turning of the house, and a designated
driveway off the frre lane.
.
Commissioner Callies stated she did not believe the Commission should be in the business of redesigning
a lot, and she questioned whether this would be a buildable lot. Commissioner Woodruff agreed and
noted this was a tough decision.
Chair Bailey reiterated his concern of the fire lane being used privately and would like to see
construction of a compliant driveway. Also he would prefer to see the accessory structures brought into
compliance as precedented.
Motion failed 2/3, with Anderson, Callies, and W oodruffdissenting.
Mr. Russell apologized for the use of the fire lane as his driveway, but believed parking to be problematic
on Birch Bluff Road.
Chair Bailey requested a recess at 9:50 P.M..
Chair Bailey resumed the meeting at 9:55 P.M.
..
"
.
.
SHOREWOOD PLANNING COMMISSION
FINDINGS OF FACT
REGARDING JAMES RUSSELL APPEAL
WHEREAS, James Russell (Appellant) desires to repair the damaged roof and replace
the existing foundation on the cabin located at 26080 Birch Bluff Road in the City of
Shorewood; and
WHEREAS, the Zoning Administrator for the City of Shorewood advised the Appellant
that he would need to obtain a setback variance in order to replace the existing foundation on the
cabin; and
WHEREAS, the Appellant filed an application appealing the Zoning Administrator's
interpretation of the Shorewood Zoning Code, which determined that a variance was necessary;
and
WHEREAS, the Appellant's application was reviewed by the Zoning Administrator and
his recommendations have been set forth in a memorandum to the Planning Commission, Mayor
and City Council, dated 1 March 2001; and
WHEREAS, a public hearing was held and the Appellant's application for an appeal was
reviewed by the Planning Commission on 6 March 200 I, and, after deliberation, the Planning
Commission recommended denial of the Appellant's appeal;
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The Appellant's property is located in an R-IC/S, Single-Family
ResidentiaVShoreland zoning district which requires a 35-foot front yard setback, a 35-foot
setback on the side yard abutting the Third Street right-of-way, a lO-foot side yard setback on the
east side of the lot and a 50-foot setback from the ordinary high water level of Lake Minnetonka.
2. The Appellant's existing cabin encroaches into the 35-foot setback from the Third
Street right-of-way, constituting a nonconforming structure in the R-IC/S zoning district.
3. The Appellant proposes to raise the existing cabin from its current foundation and
replace the old foundation with a new one.
4. The Shorewood Zoning Code imposes restrictions on the enlargement, extension,
or structural alteration of nonconforming structures.
5. It is physically possible to move the nonconforming structure so as to minimize
the existing nonconformity.
~
.
.
CONCLUSIONS
1. The Planning Commission has determined that the replacement of the existing
foundation does not constitute a simple repair, but significant structural alteration.
2. The Planning Commission has determined that the livability of the
nonconforming structure could be improved without replacing the existing foundation.
3. The Planning Commission agrees with the interpretation of the Zoning
Administrator and that the Appellant must obtain a variance in order to replace the existing
foundation.
4. The Planning Commission recommends to the City Council that the Appellant's
appeal be denied.
ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SHOREWOOD this
20th day of March, 200.1.
Respectfully submitted
Jeff Bailey, Chair
-2-
.
.
.
"
.
.
,
To: Shorewood City Council
From: James H. Russell, 1566 Quebec Avenue North, Golden Valley, MN 55427
phone: 763-545-0593 (owner of26080 Birch Bluff Road)
Re: Response to Planning Commission's Proposed Findings of Fact and Conclusion
regarding 26080 Birch Bluff Road.
Section 1201.3 Subdivision. 1
a"... It is necessary... that nonconforming structures.. .not be permitted to continue without restriction..."
b. "Any structure.. .lawfully existing upon the effective date of this ordinance shall not be enlarged,
extended, or structurally altered, but may be continued at the size. . . existing upon such date, except as
hereinafter specified..."
NON-RESIDENTIAL STRUCTURES
b. "shall not be enlarged "
b. "shall not be extended or
structurally altered "
SINGLE FAMILY RESIDENTIAL
k. "may be expanded"
i. "alterations may be made when
they will improve the livability thereof'
NON-CONFORMING USES
a. "... all non-conforming uses shall be eventually
brought into conformity"
i. ".. .nonstructural repairs and incidental
alterations. . . are permitted"
SINGLE FAMILY RESIDENTIAL
k. ''may be expanded"
j. "alterations may be made."
j. "alterations may be made..."
g. "lawful non-conforming single family residential
units may be expanded..."
ORDINANCE RESTRICTIONS
1. Does" alteration" mean minor or non-structural or incidental alteration?
Yes, if you are referring to non-conforming uses... see paragraph i
2. Does the ordinance prohibit a "substantial structural alteration"?
Yes, if you are referring to non-conforming uses... see paragraph i
3. Does the ordinance prohibit repair or improvement of foundations?
Yes, if you are referring to non-conforming uses... see paragraph i
4. Are the restrictions imposed intended to encourage the ultimate compliance ofthe property with
current standards?
Yes, if you are referring to non-conforming uses... see paragraph a
ARGUMENT
You will look in the ordinance in vain to find these restrictions applied to nonconforming single family
units. On the contrary, single family residential nonconforming structures are omitted and exempted from
the restrictions and are given special treatment to be altered or expanded.
One cannot expand a structure without making structural changes.
Page 1 of2
tt
..
,^
.
.
The word "alter" is general and liberal and requires only that the alteration improves livability.
REMEMBER, all I ask is to replace a cracked and settled foundation which is really only maintenance. The
ordinance does not prohibit maintenance, whether structural or not, on single family residential units. A
better foundation fits the category of maintenance which is limited in Shorewood Ordinance Section
1201.03 Subdivision 1 only in paragraph i. which applies only to nonconforming uses. A better foundation
also fits as an alteration which improves livability because the door and window alignment is a constant
problem with the existing broken and settling foundation.
If you uphold the decision of the Zoning Administrator that a variance is necessary to
improve the foundation it will not be based on language in the ordinance but on a
perception of what the ordinance ought to say. If the ordinance should prohibit
"significant structural alteration" in nonconforming single family residential structures
then that category should be added to paragraph i. and paragraph j. and k. should be
repealed.
The second conclusion ofthe planning commission that the livability ofthe
nonconforming structure could be improved without replacing the foundation is incorrect
because shimming, executed many times by applicant, is temporary and the same doors
and windows stick again.
Page 2 of2
.
o'
~
. .'
.
.
...
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927 · (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us' cityhall@cLshorewood.mn,us
MEMORANDUM
TO: Mayor and City Council
.
FROM: Brad Nielsen
DATE: 22 March 2001
RE: Manitou Woods Final Plat
FILE NO. 405 (00.22)
.
Last October the City approved a final plat for Manitou Woods, a four-unit twinhome
project to be located at 5580 Manitou Road (Co. Rd. 19). As the engineering plans and
specifications were being finalized, the developer completed the purchase of the land,
changing how the ownership is to be shown on the final plat. Staff has prepared a
development agreement reflecting the current ownership (Manitou Woods, LLC) for
review and approval by the City Council. Also included herein is the proposed
Declaration of Protective Covenants for the project.
With everything now in order, staff recommends 'approval of the final plat. The enclosed
resolution authorizes the Mayor and City Administrator to enter into the Development
Agreement. Approval requires a four,..fifths vote by the City Council.
Cc: Craig Dawson t\L~
Larry Brown V1)
Bonnie Burton
Roger Anderson
ft
'-~ PRINTED ON RECYCLED PAPER
#/,6
..}
.
.
CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING THE FINAL PLAT OF
MANITOU WOODS
WHEREAS, the final plat of Manitou Woods has been submitted in the manner required
for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota
Statutes, and all proceedings have been duly had thereunder; and
WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the
regulations and requirements of the laws of the State of Minnesota and the City Code of the City
of Shorewood. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the plat of Manitou Woods is hereby approved.
2. That the approval is specifically conditioned upon the following terms and
conditions:
a. Development of the site shall include the construction of four guest parking spaces and
an adequate turn-around, as shown on Exhibit A, attached hereto and made a part
hereof.
b. Plans for sewer and water utilities are subject to review and approval by the City
Engineer.
c. Separate sewer and water services will be provided for each dwelling unit.
d. Development of the lots is subject to the requirements of Section 1201.03 Subd. 16 of
the Shorewood City Code, as may be amended and the Development Agreement for
Manitou Woods, attached hereto as Attachment I and made a part hereof.
e. The Developer shall submit a landscape plan including tree preservation measures, tree
replacement, foundation plantings and screening along County Road 19. The
landscape plan is subject to review and approval by the Planning Director.
Landscaping must be provided prior to issuance of certificates of occupancy for any of
the units.
f. The Developer shall record the Development Agreement (Attachment I) and the
Declaration of Covenants, Conditions and Restrictions, attached hereto as Attachment
IT, and made a part hereof, with the Hennepin County Recorder.
It
.
.
3. That the Mayor and City Administrator/Clerk are authorized to execute the
Certificate of Approval for the plat on behalf of the City Council.
4. That the final plat, together with this resolution, the Development Agreement
shown as Attachment I, and the Declaration of Covenants, Conditions and Restrictions for
Manitou Woods Home Owners Association shown as Attachment IT, shall be recorded within
thirty (30) days of the date of certification of this Resolution.
BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by
the Mayor and City Administrator/Clerk shall be conclusive, showing a proper compliance
therewith by the subdivider and City officials and shall entitle such plat to be placed on record
forthwith without further formality, all in compliance with Minnesota Statutes and the
Shorewood City Code.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 26th day of
March, 200 1.
WOODY LOVE, MAYOR
ATTEST:
CRAIG W. DAWSON, CITY ADMINISTRATOR/CLERK
2
MANITOU WOODS
i!
\ \
.
:
.
/ i
... \
l!P
'I
I
l!
"MANITOU II t
. (0 GLEN"
/' l!
P
~
J
o
I
ill
I
II
~""I p," SlIt- ..
fw'.(.. \ IA t\..t...
.Y\-an>\J~O) to
pe. 0fP("~c\. b1
f, rf. MAt'~ Il
/'
/'
..2.SO. 00
AUDITOR'S
SUBD.
-
-..-
:Ii
~
DESIGNED:
RAA
I HEREBY CERnF'f 1HA T lHIS Pl-"N WAS PREPARED
~~~ C:UL~~~~~=~:~N~~AT Roger A. Anderson & Associates, Inc.
UNDER THE LAWS lll' THE STATE lll' lotINNESOTA C I Y I L I II 0 I II I I R I II D C D III U L T lilT I
Exhibit A
DRA\\1'I:
S~
PSH
CHEO<ED BY:
ROGER A. ANllERSCN. P.E. MI. ........ 1IlIUV_ 1IlIIll'" -.... _ ....lWl __ ... lWl __
DATE S-JO-DD REG. NO. ~
CITY OF SHOREWOOD
DEVELOPMENT AGREEMENT
MANITOU WOODS
TIDS AGREEMENT, made this _ day of March 2001, by and between the CITY OF
SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City," and
Manitou Woods, LLC, a Minnesota Limited Liability Corporation, hereinafter referred to as the
"Developer. "
WHEREAS, the Developer is the fee owner in certain lands legally described in Exhibit
A, attached hereto and made a part hereof, which lands are hereinafter referred to as the "Subject
Property"; and
. WHEREAS, Developer proposes to develop the Subject Property into two, two-family
base lots and four unit lots; and
WHEREAS, the Developer has made application with the Zoning Administrator for a
Conditional Use permit for a PUD and submitted a Concept Plan and Development Stage Plan
for the property, which matters were considered by the City Planning Commission at a Public
Hearing held on 1 August 2000; and
WHEREAS, upon recommendation of the City Planning Commission, the City Council
did consider and grant Preliminary Plat approval as set forth in Resolution 00-086;
NOW, THEREFORE, in consideration of the mutual covenants and guarantees
contained herein, the parties hereto agree as follows:
.
1.) Conditions of Approval- The Developer shall comply with the conditions of
approval as adopted by the City Council and set forth in Resolution 00-086, incorporated herein
as Exhibit B.
2.) Improvements - In accordance with the preliminary and final plats of the
Subdivision, the City's approval thereof, and applicable standards and ordinances of the City, the
following described improvements (the "Improvements") shall be constructed and installed on
the terms and conditions hereinafter contained:
(01) Private street grading, graveling and stabilizing, including constructing and
sodding of berms, swales, and boulevards and planting of trees on boulevards ("Private
Street Improvements");
1.
Attachment I
(02) Permanent private street surfacing, including curbs, gutters and driveway
approaches ("Permanent Private Street Improvements");
(03) Storm sewers, when determined to be necessary by the City, including all
necessary catch basins, ditches, inlets, retention areas and other appurtenances ("Storm
Sewer Improvements");
(04) Sanitary sewer laterals or extensions, including all necessary building services
and other appurtenances ("Sanitary Sewer Improvements");
(05) Water main laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances ("Water Main Improvements");
(06) Required tree preservation, reforestation and landscaping, including individual
unit lots ("Landscaping Improvements").
3.) Installation of Improvements - Improvements referenced in 2.) above are to be
installed at Developer's expense by the Developer as hereinafter provided. .
4.) Completion Date - AUrequired Improvements shall be completed not later than
1 November 2001.
5.) Final Plan. Grading. Drainage and Utility Plan. Building Plan - The Developer
has filea with the City Clerk the final plat titled Manitou Woods for the development of the
Subject Property. Said plat is attached hereto and made a part hereof as Exhibit C. Said final
plat, together with the Grading, Drainage, and Utility Plan, the Twinhome Building Plans, and
the Landscape Plan, all of which plans are on file at the Shorewood City Offices, and this
Development Agreement, is herewith adopted and approved by the City as the Developer's final
plan for development of the property.
6.) Pre-construction Meeting - Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to be held at Shorewood
City Hall. Such meeting shall be coordinated with the City Engineer and shall include all
appropriate parties specified by the City Engineer.
.
7.) Standards of Construction - Developer agrees that all of the Improvements set
forth in 2.) above, shall equal or exceed City standards, shall be constructed and installed in
accordance with engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that all of said work shall be
subject to final inspection and approval by the City Engineer.
8.) Materials and Labor - All of the materials to be employed in the making of said
Improvements and all of the work performed in connection therewith shall be of uniformly good
and workmanlike quality, shall equal or exceed City standards and specifications, and shall be
2.
subject to the inspection and approval of the City. In case any materials or labor supplied shall
be rejected by the City as defective or unsuitable, then such rejected materials shall be removed
and replaced with approved materials, and rejected labor shall be done anew to the satisfaction
and approval of the City at the cost and expense of Developer.
9.) Schedule of Work - The Developer shall submit a written schedule in the form
of a bar chart indicating the proposed progress schedule and order of completion of work covered
by this Agreement. It is understood and agreed that the work set forth in paragraph 2.) shall be
performed to be completed by 1 November 2001. Upon receipt of written notice from the
Developer of the existence of causes over which the Developer has no control, which will delay
the completion of the work, the City, at its discretion, may extend the dates specified for
completion.
10.) As-Built Plan - Within sixty (60) days after the completion of construction of
the Plan B Improvements, the City shall cause its engineer to prepare a full set of "as-built" plans,
including a mylar original and two (2) black line prints, showing the location of said
Improvements within the plat.
.
11.) Easements - Developer, at its expense, shall acquire all easements, if any, from
abutting property owners necessary to the installation of the sanitary sewer, storm sewer, surface
water drainage facilities and watermains within the plat, and thereafter promptly assign said
easements to the City.
12.) Pre-existing Drain Tile - All preexisting drain tile disturbed by Developer
during construction shall be restored by Developer.
13.) Staking. Surveying and Inspection - It is agreed that the Developer, through his
engineer, shall provide for all staking and surveying for the required Improvements. In order to
ensure that the completed improvements conform to the approved plans and specifications, the
City will provide for resident inspection as determined necessary by the City Engineer.
.
14.) Grading. Drainage. and Erosion Control- Developer, at its expense, shall
provide grading, drainage and erosion control plans to be reviewed and approved by the City
Engineer. Said plans shall provide for temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as necessary, to prevent the washing, flooding,
sedimentation and erosion of lands and streets within and outside the plat during all phases of
construction. Developer shall keep all streets within and adjoining the plat free of all dirt and
debris resulting from construction therein by the Developer, its agents or assignees.
15.) Access to Residences - Developer shall provide reasonable access, including
temporary grading and graveling, to all residences affected by construction until the streets are
approved by the City Engineer, pursuant to paragraph 7.) hereof.
16.) Occupancy Permits - The City shall not issue a permanent certificate of
3.
occupancy until the first lift of bituminous surfacing has been installed on the road serving the
units for which a certificate of occupancy is requested.
17.) Final Inspection - Upon completion of the Improvements set forth in paragraph
2.) above, the City Engineer, the contractor, and the Developer's engineer will make a final
inspection of the work.
18.) Restoration of Streets. Public Facilities and Private Properties - The Developer
shall restore all City streets and other public facilities and any private properties disturbed or
damaged as a result of Developer's construction activities, including sod with necessary black
dirt, bituminous replacement, curb replacement, and all other items disturbed during
construction.
19.) Required Landscaping - The Developer shall provide a letter of credit, or cash
escrow for the purpose of assuring that required tree preservation, reforestation and landscaping
shall be constructed and installed according to the approved Tree Preservation and Landscape
Plan on file at the Shorewood City offices.
Landscaping associated with individual unit lots shall be constructed and installed prior to.
issuance of certificates of occupancy for said unit lots. If required unit lot landscaping has not
been completed at the time of occupancy, the Developer shall escrow $1200 per unit to ensure
that the required landscaping shall be installed within eight months.
.
20.) Reimbursement of Costs - The Developer shall reimburse the City for all costs,
including reasonable engineering, legal, planning and administrative expenses incurred by the
City in connection with all matters relating to the administration and enforcement of this
Agreement and the performance thereof by the Developer. Such reimbursement of costs shall be
made within thirty (30) days of the date of mailing of the City's notice of costs to the address set
forth in paragraph 28.) below.
21.) Claims for Work - The Developer or its contractor shall do no work or furnish
no materials not covered by the plans and specifications and special conditions of this
Agreement, for which reimbursement is expected from the City, unless such work is first ordered
in writing by the City Engineer as provided in the specifications. Any such work or materials
which may be done or furnished by the contractor without such written order first being obtained
shall be at its own risk, cost and expense.
.
22.) Surety for Improvements - Deposit or Letter of Credit - For the purpose of
assuring and guaranteeing to the City that the Improvements to be constructed, installed and
furnished by the Developer as set forth in paragraph 2.) above, shall be constructed, installed and
furnished according to the terms of this Agreement, and to ensure that the Developer shall pay all
claims for work done and materials and supplies furnished for the performance of this
Agreement, the Developer agrees to furnish to the City a cash deposit or Irrevocable Letter of
Credit approved by the City in an amount equal to 150% of the total cost of said Improvements
4.
estimated by the Developer's engineer and approved by the City Engineer. Said deposit or Letter
of Credit shall remain in effect until completion and approval of the required improvements.
23.) Insurance - The Developer shall take out and maintain during the life of this
agreement public liability and property damage insurance covering personal injury, including
death, and claims for property damage which may arise out of the Developer's work or the work
of its subcontractors, or by one directly or indirectly employed by any of them. This insurance
policy shall be a single limit public liability insurance policy in the amount of $1,000,000.00.
The City shall be named as additional insured on said policy and the Developer shall file a copy
of the insurance coverage with the City.
Prior to commencement of construction of the Improvements described in paragraph 2.)
above, the Developer shall file with the City a certificate of such insurance as will protect the
Developer, its contractors and subcontractors from claims arising under the workers'
compensation laws of the State of Minnesota.
.
24.) Laws. Ordinances. Regulations and Permits - Developer shall comply with all
laws, ordinances, and regulations of all regulatory bodies having jurisdiction of the Subject
Property, said laws existing during the period of construction, and shall secure all permits that
may be required by, but not limited to, the City of Shorewood, the State of Minnesota, the
Minnehaha Creek Watershed District, the Minnesota Department of Health, the Hennepin
County Transportation Department, and the Metropolitan Waste Control Commission before
commencing development of the plat.
25.) Sewer Charges - Pursuant to Shorewood City Code a $1200 per unit fee for
local sanitary sewer access charges (LSSAC) is required to be paid prior to release of the final
plat. Accordingly, the Developer shall pay LSSAC in the total amount of four thousand eight
hundred ($4800).
26.) Park Fund Payment - Pursuant to Shorewood City Code a $1500 per unit fee
park dedication fee is required to be paid prior to release of the final plat. Accordingly, the
. Developer shall pay park dedication fees in the total amount of six thousand dollars ($6000).
27.) Municipal Water Charges - Pursuant to Shorewood City Code a $7500 per unit
municipal water connection charge is required to be paid prior to the release of the final plat.
Accordingly, the Developer shall pay municipal water connection charges in the total amount of
thirty thousand dollars ($30,000).
28.) Notices - All notices, certificates and other communications hereunder shall be
sufficiently given and shall be deemed given when mailed by certified mail, return receipt
requested, postage prepaid, with proper address as indicated below. The City and the Developer
by written notice given by one to the other, may designate any address or addresses to which
notices, certificates or other communications to them shall be sent when required as
contemplated by this Agreement. Unless otherwise provided by the respective parties, all
5.
notices, certificates and communications to each of them shall be addressed as follows:
To the City:
City Administrator
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, MN 55331
With a Copy to:
Shorewood City Attorney
c/o LARKIN, HOFFMAN, DALY & LlNDGREN,
Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, MN 55431
To the Developer:
Roger Anderson, Manager
Manitou Woods, LLC
13400 15th Avenue No., Suite B
Plymouth, MN 55441
.
29.) Proof of Title - Developer shall furnish a title opinion or title insurance
commitment addressed to the City demonstrating that Developer is the fee owner or has a legal
right to become fee owner of the Subject Property upon exercise of certain rights and to enter
upon the same for the purpose of developing the property. Developer agrees that in the event
Developer's ownership in the property should change in any fashion, except for the normal
process of marketing lots, prior to the completion of the project and the fulfillment of the
requirements of this Agreement, Developer shall forthwith notify the City of such change in
ownership. Developer further agrees that all drainage and utility easements provided to City
shall be free and clear of all liens and encumbrances.
30.) Indemnification - The Developer shall hold the City harmless from and
indemnify the City against any and all liability, damage, loss, and expenses, including but not
limited to reasonable attorneys' fees, arising from or out of the Developer's performance and .
observance of any obligations, agreements, or covenants under this Agreement. It is further
understood and agreed that the City, the City Council, and the agents and employees of the City
shall not be personally liable or responsible in any manner to the Developer, the
Developer's contractors or subcontractors, materialmen, laborers, or any other person, firm or
corporation whomsoever, for any debt, claim, demand, damages, actions or causes of action of
any kind or character arising out of or by reason of the execution of this Agreement or the
performance and completion of the work and Improvements hereunder.
31.) Declaration of Covenants. Conditions and Restrictions - Developer has provided
a copy of the Declaration of Covenants, Conditions and Restrictions for Manitou Woods. Said
Declaration shall include the City as a signatory thereto.
6.
The Developer agrees to incorporate the following provision in the Declaration:
(01) Private Road. It is understood that the private streets within the plat shall be
maintained by the Developer or his successors in interest, including the appropriate
homeowner's association and will not be accepted or maintained by the City.
32.) Remedies Upon Default.
.
(01) Assessments. In the event the Developer shall default in the performance of any
of the covenants and agreements herein contained and such default shall not have been
cured within thirty (30) days after receipt by the Developer of written notice thereof, the
City may cause any of the Improvements described in paragraph 2.) above to be
constructed and installed or may take action to cure such other default and may cause the
entire cost thereof, including all reasonable engineering, legal and administrative expense
incurred by the City to be recovered as a special assessment under Minnesota Statutes
Chapter 429, in which case the Developer agrees to pay the entire amount of such
assessment within thirty (30) days after its adoption. Developer further agrees that in the
event of its failure to pay in full any such special assessment within the time prescribed
herein, the City shall have a specific lien on all of Developer's real property within the
Subject Property for any amount so unpaid, and the City shall have the right to foreclose
said lien in the manner prescribed for the foreclosure of mechanic's liens under the laws
of the State of Minnesota. In the event of an emergency, as determined by the City
Engineer, the notice requirements to the Developer prescribed by Minnesota Statutes
Chapter 429 shall be and hereby are waived in their entirety, and the Developer shall
reimburse the City for any expense incurred by the City in remedying the conditions
creating the emergency.
(02) Performance Guaranty. In addition to the foregoing, the City may also institute
legal action against the Developer or utilize any cash deposit made or letter of credit
delivered hereunder, to collect, pay, or reimburse the City for:
.
(a)
The cost of completing the construction of the improvements described
in paragraphs 2.) above.
(b) The cost of curing any other default by the Developer in the performance
of any of the covenants and agreements contained herein.
(c) The cost of reasonable engineering, legal and administrative expenses
incurred by the City in enforcing and administering this Agreement.
(03) Legal Proceedings. In addition to the foregoing, the City may institute any
proper action or proceeding at law or at equity to abate violations of this Agreement, or to
prevent use or occupancy of the proposed dwellings.
7.
33.) Headings - Headings at the beginning of paragraphs hereof are for convenience
of reference, shall not be considered a part of the text of this Agreement, and shall not influence
its construction.
34.) Severability - In the event any provisions of this Agreement shall be held
. invalid, illegal, or unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof, and the remaining provisions shall
not in any way be affected or impaired thereby.
35.) Execution of Counterparts - This Agreement may be simultaneously executed in
several counterparts, each of which shall be an original, and all of which shall constitute but one
and the same instrument.
36.) Construction - This Agreement shall be construed in accordance with the laws of
the State of Minnesota.
37.) Successors and Assigns - It is agreed by and between the parties hereto that the .
Agreement herein contained shall be binding upon and inure to the benefit of their respective
legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the day and year first above written.
DEVELOPER:
CITY:
Manitou Woods, LLC
Its: Manager
By:
Its: Mayor
.
By:
ATTEST:
City Administrator/Clerk
8.
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
On this _ day of ,2001, before me, a Notary Public within and for said
County, personally appeared Woody Love and Craig W. Dawson to me personally known, who,
being each by me duly sworn, did say that they are respectively the Mayor and City
Administrator/Clerk of the municipal corporation named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of said corporation by authority of its City
Council, and said Mayor and City Administrator/Clerk acknowledged said instrument to be the
free act and deed of said corporation.
.
Notary Public
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
, 2001, by Roger A. Anderson, Manager of Manitou Woods LLC.
Notary Public
. THIS INSTRUMENT WAS DRAFTED BY:
The Shorewood Planning Department; and
REVlEWEDBY:
Larkin, Hoffman, Daly & Lindgren, Ltd.
1500 Norwest Financial Center
7900 Xerxes Avenue South
Minneapolis, Minnesota 55431
(TJK)
9.
Legal Description of property:
"All that part of Lot 24, "Manitou Glen," described as follows: .
Beginning at the southeast comer of said lot 24; thence west along the south line of said lot .
24, a distance of 250 feet; thence north at right angles to the last described course, a distance
of 223.9 feet; thence east at right angles to last q.escribed course, a distance of 153.75 feet to
the northeasterly line of said lot 24; thence southeasterly along said northeasterly line of lot
24, 250 feet to the point of beginning." .
P.I.N. 33-117-23-12-0032
.
Exhibit A
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 00-086
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
MANITOU WOODS
WHEREAS, Roger Anderson (Applicant) has an interest in certain land within the City
of Shorewood and has applied to the Council for preliminary approval of a plat to be known as
Manitou Woods; and
WHEREAS, the Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission, dated
27 July 2000, which Memorandum is on flle at City Hall; and
WImREAS, a Public Hearing was held by the Shorewood Planning Commission on
1 August 2000, for which notice was duly published and all adjacent property owners duly
notified.
NOW, THEREFORE, BE IT RESOL YED by the City Council of the City of
Shorewood as follows:
1. That the Applicanfs request for preliminary plat approval of Manitou Woods is
hereby approved.
2. That such approval. is subject to the recommendations set forth in the City
Planner's Memorandum, dated 27 July 2000 and the terms and conditions contained in the
minutes of the Planning Commission meeting of 1 August 2000 on file at City Hall.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 11th day of
September, 2000. .
WOODY LOVE, MAYOR
ATTEST:
~.
~e..4d~
BRADLEY J. . . EN .
Exhibit B
tr:l
&
"'"" .
cr"
"'"" .
f'""I-
n
MANITO.U WOODS
I:Q-T- 5UR_ILEY5.__C.OMPAtyY. If 'e
LAND SURVEYORS ._.a___~
I
o
SCAlE N FEET
I
.0
I
80
o DENOTES IRON MONUMENT
ORIENTATION OF THIS
BEARING SYSTEM IS
g~~~. ON AN ASSUMED
~.?-
,...-;.
,
~
.....j
~)
r~;{{il j\~i J10 11
'-. '~:~'"
\ . ..........
'-..;
"r-'-l
GiL.lflV 1/
C~
o
<~~~"'
o
-_... \o~-r:}
\~1 r.ll
\~
>.~(~-~
~~'. ._~ \
\'2~
.......;
.......).
C
I
,
I
\\.
\\
\.
-;j:;;..
.....
~~~
~~~
~
.....:
~~z~
o
Z
,
I
S 88.~7' 30' E 217.J,ASn€lfF
",~:~'
"t'::'
.k\<<"
I
I
I
,
I
4
_ _ _ _ _ _ _ts~.\- _ _ _ __
, 2.l2.~1 - --
- - - N 88-41' 30" W
~;:"'.~"i::;:!'Q";~: or tUI ~
.4 Z:l.Z).l'l'C)./?tl()~
250.00 - - -
ht:1
1.5' lI.11.D.
NO.
.1 ,"J r,
j -.J ~...1
~
..
.
.
KNOW ALL MEN BY THES
of the foRowing descrlbe5 PRESEtNTS:. That. Manitou
proper y SItuate In the Co
"':" that port of Lot 24. Manitou Glen, des.
d.otance 250 feet; thence at right angles
r~~;.?d~dfe:~t t~~he fNarthea~terlY ~ne of s
reo. aod situate In Hennt
MANTOU WOODS, LLC
t>~:c\
Roger A. Anderson, Manager
~.""i
7..:f:~
Stole of Mimesato
County of Hemepin
The fo~egoing instrument wos acknowledged b f
of Manitou Woods, LLC. 0 Minnesoto e ore IT
Limited Liobility
\~,
,,%,
()
~"""t
'l,ooJ...,
\:l-::~
C;:)
\
~~
0:.)
r.\...
......1
I he:eby certify thot I hove
ore carreclfy shown on the S~v~yed and plotted thl
govermental unit; that the :"tsid~ ~~:~d~~~ ~~:r~~;
i....;,..
'!)
~'\j
~.......~
..1.....
..
Ct\
.......t
.....-.... \
CState of Mimesota
our ty of Hemepin
The foregoing instrument
was acknowledged before IT
SHOREWOOD, IMNNESOT A
This plot of MANITOU WOODS
of wos opproved and acce
received 200_ If app6coble. I
by the City or the presclbed '0 d .
J oy peno,
By
Common Interest Community No. _
CONDOMINIUM
March 26, 2001
DECLARATION
OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR
MANITOU WOODS HOME OWNERS ASSOCIATION
. THIS DECLARATION, Made as of the 26th day of March, 2001, by MANITOU WOODS,
LLC
(Hereafter referred to as the "Declarant");
WITNESSETH:
WHEREAS, Declarant is the owner of the real property described on Exhibit A
attached hereto and by this reference incorporated herein for all purposes, and desires
to create thereon a residential community for the pleasure, recreation and general
benefits of the residents of said community; and,
.
WHEREAS, Declarant desires to provide for the preseNation of the values and
amenities in said community and to this end desires to subject the real property
described on Exhibit A, together with such additions as may hereafter be made thereto,
as provided in Article II, to the covenants, restrictions, easements, charges and liens
hereinafter set forth, each and. all of which is and are for the benefit of said real
property and each owner thereof; and,
WHEREAS, Declarant has deemed it desirable for the pleasure and recreation of
said community and for the efficient preseNation of the values and amenities in said
community to create an agency to receive the power to attend to and effectuate policies
and programs that will enhance the pleasure and value of said community, and
maintain, administer and enforce the covenants and restrictions and collect and
disburse the assessments and charges hereinafter created; and,
WHEREAS, Declarant has incorporated, under Chapter 317A of the laws of the
State of Minnesota, the Manitou Woods Home Owners Association for the purpose of
exercising the functions as aforesaid.
NOW, THEREFORE, in consideration of the foregoing premises the Declarant
Attachment II
N :\PL\NER\63020.doc
hereby declares that the real property described on Exhibit A and such additions thereto
as may hereafter be made pursuant to Article II hereof is, and shall be held, transferred,
sold, conveyed and occupied subject to the conditions, restrictions, easements, charges
and liens hereinafter set forth, which covenants and restrictions shall run with the real
property described on Exhibit A and any additional property annexed thereto pursuant
to the provisions set forth in Article II, and be binding on all parties having any rights,
title or interest in the hereinafter described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE 1
Definitions
1. Definitions: The following words, when used in this Declaration, shall have the
following meanings:
1.1 "Association" shall mean and refer to Manitou Woods Home Owners .
Association, a nonprofit corporation organized and existing under the laws of the
State of Minnesota, its successors and assigns.
1.2 "Common Elements" shall have the meaning established in Minnesota
Statutes Section 5158.1-103(7).
1.2 "Declarant" shall mean and refer to Manitou Woods, LLC and its successors
or assigns if such successors or assigns should acquire more than one
undeveloped Lot from Omega Development, Inc. for the purpose of
development.
1.3 "Developer" shall mean and refer to the Declarant and its successors or
assigns if such successors or assigns should acquire more than one
undeveloped Lot from the Declarant for the purpose of development.
.
1.4 "Living Unit" shall mean and refer to a residential housing unit consisting of a
group of rooms and hallways and attached garage which are designed and
intended for use as living quarters for one family and located or to be located
upon one Lot.
1.5 "Lot" shall mean and refer to any tract or parcel of land designated as a Lot
shown upon any recorded plat or subdivision map of the Property with the
exception of any tracts or parcels designated as outlets.
1.6 "Member" shall mean and refer to every person or entity who is a record
owner of a fee or undivided fee simple interest in any Lot which is subject by
covenants of record to assessment by the Association, including, but not limited
to, contract vendors.
N:\PL\NER\63020.doc
1.7 "Mortgage" shall mean and refer to any mortgage or other security instrument
by which a Lot, or any part thereof, or any structure thereon, is encumbered.
1.8 "Mortgagee" shall mean any person or entity named as the mortgagee under
any Mortgage, or any successors or assigns to the interest of such person or
entity under a Mortgage.
1.9 "Owner" shall mean and refer to the record owner, whether one or more
person or entities, of fee simple title to any Lot, including contract sellers, but
excluding any person having such interest merely as security for the performance
of an obligation.
1.10 "Private. Common Driveway" shall mean and refer to access driveways from
public streets to the Living Units
.
1.11 "Private Yard Area" shall mean and refer to that portion of a Lot not covered
by Living Unit or by a Private Common Driveway.
1.12 "Property" shall mean and refer to all the real property subject to this
Declaration, all of which is more fully described on Exhibit A attached hereto and
by this reference incorporated herein for all purposes, and all additional real
property made subject to this Declaration in accordance with the provisions of
Article II.
ARTICLE II
Scope
.
2.1 Association Not Subiect to a Master Association. Pursuant to Minnesota
Statutes Section 5158.2-105(a)(2), the Manitou Woods Home Owners
Association is not subject to a master association.
2.2 Additions to Existing Property. Additional real property may become
subject to this Declaration in the following manner:
(a) Additions in Accordance with General Plan of
Development. The Developer, its successors and assigns, shall have the right,
without the consent of the Members to bring within the scheme of this
Declaration additional real property in future stages of development by December
31,2002, provided, however, that the Federal Housing Administration and the
Veteran's Administration shall have the right to veto any such future additions in
the event that either of such agencies determines that any such future additions
is not in accordance with the general plan of development heretofore approved
by each of them
N:\PL\NER\63020.doc
(b) Additions Authorized by Members. Additional residential
property may become subject to this Declaration upon approval of two-thirds
(2/3) of the Members of each class of Association Members.
2.3 Manner of Annexation. Additions authorized under this Article shall be
made by filing a Supplementary Declaration of Covenants, Conditions and
Restrictions with respect to the additional property which shall conform to the
requirements of Minnesota Statutes Section 5158.2-106. After such filing, such
additional property shall be subject to the covenants and restrictions of this
Declaration. Such Supplementary Declaration shall contain such complementary
additions and modifications as of the covenants and restrictions contained in this
Declaration as may be necessary to reflect the different character, if any, of the
added properties and shall not be inconsistent with the scheme of this
Declaration. In no event, however, shall such Supplementary Declaration
revoke, modify or add to the covenants established by this Declaration within the
existing property.
.
ARTICLE III
Lots: Membership and Votina Rights
In the Association
3.1 Lots. The real property described on Exhibit A attached hereto shall
consist of four (4) Lots, each of which shall be restricted to residential use. No
additional Lots may be created by the subdivision or conversion of Lots owned by
the Declarant.
3.2 Membership. Every person or entity who is a record owner of a fee or
undivided fee simple interest in any Lot which is subject by covenants of record
to assessment by the Association, including, but not limited to, contract vendors, .
shall be a member of the Association. The foregoing is intended to exclude
persons or entities who hold an interest merely as a security for the performance
of an obligation until such time such person acquires a fee simple interest in such
Lot by foreclosure or by any proceeding in lieu thereof, Membership shall be
appurtenant to and may not be separated from the ownership of any Lot which is
subject to assessment by the Association. Ownership of such Lot shall be the
sole qualification for membership.
3.3 Voting Rights. The Association shall not have nor shall it issue any
capital stock and may only have two (2) classes of voting membership:
(a) Class A. Class A members shall be all those Owners as
defined in Section 1.9, with the exception of the Declarant. Each class A
member shall be entitled to one (1) vote for each Lot in which he holds the
N:\P L\NER\63020 .doc
interest required for membership by Section 3.1. When more than one person
holds such interest in any Lot, all such persons shall be Members. The vote for
such Lot shall be exercised as they, among them shall determine, but in no event
shall more than one (1) vote be cast with respect to any Lot.
(b) Class B. The Declarant shall be the sole Class B
member and shall be entitled to three (3) votes for each Lot owned. Class B
membership shall cease and be converted to the Class A membership upon the
occurrence of the first of the following events:
(i) When the total number of votes outstanding in
Class A membership equal or exceed the total
number of votes outstanding in the Class B
membership; or
(ii) On December 31,2003
.
3.4 Suspension of Voting Rights. The right of any Member to vote and the
right of any Member, his family or guest to use any recreational facilities that may
be acquired by the Association shall be suspended during any period in which
such Member shall be in default in the payment of any assessment levied by the
Association, Such rights may also be suspended after notice and hearing, for a
period not to exceed sixty (60) days for any infraction of any rule or regulations
published by the Association
ARTICLE IV
Common Elements: Covenant for Maintenance Assessments
.
4.1 Allocation of Interests in Common Elements. To each Lot owned
within the Property, an equal undivided interest in the Common Elements shall
be allocated.
4.2 Creation of Lien and Personal Obliqation of Assessments. The
Declarant, for each Lot owned within the Property, hereby covenants, and each
Owner of any Lot by acceptance of a deed thereof, whether or not it shall be so
expressed in any such Deed or other conveyance, shall be and hereby is
deemed to covenant and agree to pay to the Association:
(a) General annual assessments or charges, and,
(b) Special assessments for capital improvements,
Such assessments to be established and collected from time to time as
hereinafter provided. The general annual and special assessments, together
N:\PL\NER\63020.doc
with such interest thereon and costs of collection thereof as hereinafter provided,
shall be a charge on each such Lot and shall be a continuing lien on each such
Lot against which each such assessment is made. Each such assessment,
together with such interest thereon and all costs of collection thereof, as
hereinafter Provided, shall also be the personal obligation of each person who
was the Owner of each such Lot at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to such Owners
successors in title unless expressly assumed by them. All such assessments
shall be fixed, established and collected from time to time in the manner provided
in this Article.
4.3 Purpose of Assessments. The assessments levied by the
Association shall be used exclusively for the purpose of promoting the pleasure,
health, safety and welfare of the residents of the Property and, in particular, for
the maintenance of the Property, services and facilities devoted to this purpose
and related to the use and enjoyment of the improvements erected upon each
Lot.
.
4.4. Maximum Annual Assessments. The amount of the maximum
annual assessments shall be determined by the Board of Directors as hereinafter
provided but subject, however, to the following restrictions:
(a) . Until January 1 of the year immediately following the conveyance of
the first Lot by the Developer to an Owner, the Maximum annual
general assessment shall be $2,100.00.
(b) From and after January 1 of the year immediately following the year
of the conveyance of the first Lot by the Developer to an Owner, the
maximum annual general assessment may be increased each year
in an amount not to exceed the greater of:
(i)
five percent (5%) above the maximum annual general
assessment for the previous year; or
.
(ii) the actual percentage increase over the most recent twelve
(12) month period in the Minneapolis-St. Paul Ail Items
Consumer Price Index for All Urban Consumers, CPI "U",
1967=100, (hereinafter referred to as the "CPI").
If publication of the CPI shall be discontinued, the Association's
members shall thereafter accept comparable statistics on the cost
of living for Minneapolis-St. Paul, as they shall be computed and
published by an agency of the United States or by a responsible
financial institution selected by the Association's Board of Directors.
(c) The maximum annual general assessment may be increased
N:\PL\NER\63020.doc
above such amounts established in paragraph (b) herein above by
vote of two-thirds (2/3) of each class of members who are voting in
person or by proxy at a meeting duly called for such purpose.
(d) The Board of Directors of the Association may, after consideration
of the current assessment costs and future need of the Association,
fix the actual assessment for any year at any lesser amount.
4.5 Special assessments For Capital Improvements. In addition to the
general annual assessments authorized by Section 4.3, the association may
levy, in any assessment year, a special assessment applicable to that year only
for the purpose of defraying in whole or in part the cost of any construction or
reconstruction, unexpected repair or replacement of a capital improvement;
provided, however, that any such assessment shall require the assent of two-
thirds (2/3) of the votes of each class of Members who are voting in person or by
proxy at a meeting duly called for lilts purpose.
.
4.6 Notice of Meetinqs: Written notice of any meeting called for the
purpose of taking any action authorized under $ection 4.3 or 4.4 shall be sent to
all Members, and to any Mortgagee who shall request such notice in writing, no
less than Thirty (30) days no more than sixty (60) days in advance of such
meeting. At the first such meeting called, the presence of Members or of proxies
entitled to cast sixty (60%) percent of all votes shall constitute a quorum. If the
required quorum is not present, another meeting may be called subject to the
same notice requirement, and the required quorum at the subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held later than sixty (60) days following the
preceding meeting.
.
4.7. Uniform Rate of Assessment. Both general annual and special
assessments must be fixed at a uniform rate for all Lots; and such uniform rate
may not be changed or altered without the prior written consent of all Mortgagees
having a first lien on each Lot; provided, however, that any Lots owned by the
Developer shall be assessed an amount equal to one-fourth (1/4) of the amount
assessed against Lots owned by persons other than the Developer; provided,
further, that notwithstanding anything set forth in the preceding clause to the
contrary, a Lot owned by the Developer shall be assessed on the same basis as
a Lot owned by any person other than the Developer from and after the time that
a building constructed upon such Lot is (a) used by the Developer as a model for
regular public inspection, (b) finally inspected by the United States Department of
Housing and Urban Development or Federal Housing Administration, or (c)
occupied by a tenant of the Developer as a residential dwelling.
4.8 Date of Commencement of Annual Assessments: Due Dates. The
annual assessments provided for herein shall commence as to all Lots on the
first day of the calendar month following the conveyance or a Lot to an Owner. In
N:\PL\NER\63020.doc
addition, in the event that additional properties are subsequently brought within
the scope of this Declaration by the Developer in accordance with the general
plan of development pursuant to Section 2. (A), annual assessments shall
commence as to all Lots within such additional properties on the first day of the
calendar month following the conveyance of the first Lot therein by the Developer
to an Owner. In the event that the annual assessments, with respect to any Lot,
shall commence during any calendar year on any day other than January 1, the
amount of such assessments payable for such year shall be that proportion of
the full amount applicable to the entire calendar year which the number of
remaining full calendar months in such year bears to the number twelve. All
assessments, both general and special may be collected on a monthly, or other
periodic basis, and with such due dates as the Board of Directors may determine
and establish.
4.9 Duties of the Board of Directors. The Board of Directors of the
Association shall fix the date of commencement, and the amount of the
assessment against each Lot for each annual assessment period at least thirty .
(30) days in advance of such date of commencement of such period and shall at
that time prepare a roll of the properties and assessments applicable thereto
which shall-be kept in the office of the Association and shall be open to
inspection by any Owner. Written notice of every assessment shall thereafter be
sent to each Owner subject to such assessments. The Association shall, upon
demand and upon the payment of a reasonable charge, furnish a written
certificate signed by an officer of the Association setting forth whether or not
assessments upon particular Lots have been. paid. Such Certificate shall be
conclusive evidence of payment of any assessments therein stated to have been
paid.
4.10 Effect of Nonpayment of Assessment: the Personal Obligation of the
Owner: the Lien: Remedies of Association.
(a) If any assessment is not paid on the date when due then such .
assessment shall become delinquent and shall, together with such interest
thereon and costs of collection thereof, as hereinafter provided, thereupon
become a continuing lien on such Lot or Lots which shall bind such Lot or Lots in
the hands of the then Owner, his heirs, devisees, personal representatives and
assigns. The personal obligation of the then Owner to pay such assessment,
however, shall remain his personal obligation and shall not pass to his
successors in title unless expressly assumed by them. Such lien shall run in
favor of the Association and shall be superior to all other liens and
encumbrances on such Lot except for the following:
(i) Liens for general real estate taxes and special assessments
levied by any governmental authority; and,
(ii) The lien of any first mortgage as provided in Section 4.10
N:\PL\NER\63020.doc
.
.
hereof.
(b) All other liens acquiring liens on any Lot after this Declaration shall
have been recorded and whose liens shall also have been recorded, shall be
deemed to consent that their liens shall be and remain inferior to future liens
provided for herein whether or not such consent has been expresses in the
instruments creating their liens.
(c) To evidence a lien for sums assessed pursuant to the Article, the
Association may prepare a written notice of lien setting forth the amount of the
assessment, the date due, the amount remaining unpaid, the names of the
Owner of the Lot and a description of the Lot and file or record the same, but
such notice of lien shall not be recorded until such assessment as been wholly or
partially unpaid for at least thirty (30) days from the due date. Such lien may be
enforced and foreclosed either by judicial foreclosure by the Association in the
same manner in which mortgages on real property may be foreclosed in
Minnesota or by foreclosing the lien in the manner prescribed by Minnesota
Statutes for the foreclosure of a mechanic's lien. Each Owner, by acceptance or
a deed for any Lot, does further hereby give full and complete power of sale to
the Association and does consent to a foreclosure of the assessment lien by
advertisement. In the event of any such foreclosure, and in the further event that
the Association shah prevail in any such foreclosure the person personally
obligated to pay the same shall be required to pay all costs of foreclosure
including, but not limited to, reasonable attorneys' fees. All such costs and
expenses shall be further secured by the lien being foreclosed. The person
personally obligated to pay such lien, shall also be required to pay the
Association any assessments against the Lot which shall become due during the
period of foreclosure. The Association shall have tile right and power to bid at
the foreclosure sale or other legal sale and to acquire, hold, convey, lease, lent,
encumber, use and otherwise deal with the Lot as the Owner thereof. A release
of the notice or lien shall be executed by an officer of the Association and
recorded upon payment of all sums secured by such lien.
(d) Any encumbrancer holding a lien on any Lot may pay, but shall not
be required to pay, any amounts secured by the lien created and authorized by
this Section and, upon payment of such sums. such encumbrancer shall be
subrogated to all rights of the Association with respect to such lein, including, but
not limited to, priority to ariy other lein or interest in such Lot.
(e) Any assessment not paid within thirty (30) days after the due date
shall bear interest from the due date until paid at the rate of eight percent (8%)
per annum. No Owner may waive or otherwise escape personal, liability for the
assessments provided for herein by abandonment of his Lot. A Suit to recover a
money judgment for such expenses with costs of collection and interest as
provided for herein, shall be maintainable by the Association without foreclosing
or waiving the lien securing the same.
N:\PL\NER\63020.doc
4.11 Subordination of Lien to First Mortgages. The lien of assessments
provided for herein shall be subordinate to the lien of any first Mortgage, and the
sale or transfer of any Lot shall not affect the assessment lien. However, the
sale or transfer of any Lot pursuant to the foreclosure or a first Mortgage, or
pursuant to any other proceeding or arrangement in lieu of such foreclosure,
shall extinguish the lien of such assessments as to installments which became
due prior to the effective date of such sale, transfer or acquisition by the
Mortgagee to the end that no assessment liability shall accrue to an acquiring
Mortgage except with respect to installments of assessments becoming due after
possession has passed to such acquiring Mortgagee, whether such possession
has passed at the termination of any period of redemption or otherwise, and in
the event of the extinguishment of such assessment lien as aforesaid, the entire
amount of such paid assessment shall be reallocated and assessed against, and
payable by the Owners of all other Lots in the Association, exclusive of such
mortgaged Lot.. No such sale, transfer or acquisition of possession shall relieve
an Owner or a Lot from liability for any assessments thereafter becoming due or .
from the lien thereof or shall relieve the person personally obligated to pay the
assessments which were levied prior to the transfer of such property from the
personal obligation to pay the same.
ARTICLE V
Easements
5.1 Easements. In addition to the easements, covenants, restrictions
and conditions of Article VI concerning party walls and of Article VII concerning
architectural and exterior controls, all Living Units and Lots shall be subject to
easements and covenants hereinafter specifically described forthe benefit of the
Property or for the limited benefit of specified adjoining Lots, all as more fully set
forth hereinafter in this Article. .
5.2 Driveway Easements. Declarant has, or will by separate declaration,
establish limited private common driveway easements for ingress and egress to
and from each of the Living Units served by such driveways.. Maintenance of
such driveways, as Well as maintenance of the private apron from the common
driveway to a Living Unit, shall be performed by the Association and assessable
against all Lots in the Association as a part of exterior maintenance. (See Exhibit
A, Private Drive Easement Exhibit, attached)
5.3 Private Yard Easements. Except as hereinafter provided, each
Owner shall be fully entitled to the exclusive use and occupancy of the Private
Yard Area in his Lotto the exclusion of all others; provided, however, the
Property generally and all other Owners shall be entitled to a visual easement
over all Private Yard Area, subject to and limited by the original structures
N :\PL\NER\63020.doc
erected thereon by the developer. No Owner shall erect or cause to be erected
airy structure of any sort upon his Lot, or plant any trees or shrubs prior to
obtaining the written approval of the Association in accordance with the
procedure described in Article VII. Except as permitted under the limited
circumstances described in the preceding sentence, all planting, landscaping and
private yard maintenance shall be performed by the Association and the costs
thereof shall be and constitute a portion of the general annual assessment by the
Association upon all Lots in the Property.
.
5.4 Utility Easements. The Declarant has, or will by separate declaration,
provide easements for utility purposes to and from all Lots in the Property. The
Association or its proper representatives shall have the right of free access to
any Lot or Living Units for the purpose of maintaining any utility service to any Lot
on the Property. The Association shall also have the right to tap onto and
maintain the water line sillcock located on the exterior wall of each Living Unit
and to draw water therefrom for yard maintenance purposes; provided, however,
that if the Association shall draw water from any Living Unit as aforesaid, the
Association shall reimburse the Owner of such Living Unit for all water charges
and fees imposed by the water utility upon the Owner of such Living Unit in
excess of the minimum periodic water charges, if any, during the billing period
when the Association shall have drawn water from such Living Unit. (See Exhibit
8, Private Utility Easement Exhibit, attached. Also see recorded plat for public
easements.)
ARTICLE VI
.
Party Walls
6. 1 General Rules off Law to Apply. Each wall which is built as part of
the original construction of the Living Units upon the Property and placed upon
the dividing line between the Lots shall constitute a party wall and to the extent
not inconsistent with the provisions of this Article, the general rules of law
regarding party walls and of liability for properly damage due to negligence or
willful acts or omissions shall apply thereto.
6.2 Sharing of Repair and Maintenance. The cost of reasonable repair
and maintenance of a party wall shall be shared by the Owners who make use of
the wall in proportion to such use.
6.3 Destruction by Fire or other Casualty. If a party wall is destroyed or
damaged by fire or other casualty, any Owner who has used the wall may restore
it, and if the other Owners thereafter make use of the wall, they shall contribute to
the cost of restoration thereof in proportion to such use without prejudice,
however, to the right of any such Owners to call for a larger contribution from the
others under any rule of law regarding liability for negligent or willful acts or
N:\PL\NER\63020.doc
omissions.
6.4 Weatherproofing. Notwithstanding any other provisions of this
Article, any Owner who, by his negligent or willful act, causes the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements
6.5 Right to Contribution Runs with Land. The right of any Owner to
contribution from any other Owner under this Article shall be appurtenant to the
land and shall pass to such Owner's successors in title.
6.6 Encroachments. If, for whatever reason, a wall intended to be a party
wall is not precisely constructed on the dividing line between two Lots, during the
life of the building containing such wall, the Lot upon which such party wall
encroaches shall be subject to an easement for the life of such building which
shall be in favor of and appurtenant to the other Lot, to the end that for all
purposes of this Declaration, such wall shall be treated as if it were centered .
precisely upon the common Lot line.
6.7 Arbitration. In the event of any dispute arising concerning a party wall,
or under the provisions of this Article, each party shall choose one arbitrator and
such arbitrators shall choose one additional arbitrator and the decision of a
majority of all the arbitrators shall be final and conclusive on the question
involved
ARTICLE VII
Architectural and Exterior Controls
7.1 Architectural Control and Committee Authority; No exterior additions,
removals or alterations (including changes in color or appearance) to any
building on the Property, additional fences, hedges, walls, walkways and other .
structures shall be commenced, erected or maintained, except such as are
installed or approved by the Developer in connection with the initial construction
of the buildings on the Property, until the plans and specification showing the
nature, kind, shape, height, materials, location and approximate cost of same
shall have been submitted to and approved in writing as to harmony of the
external design and location in relation to surrounding buildings erected upon the
Property by an architectural committee composed of the Board of Directors of
the association or three (3) or more representatives appointed by the Board of
Directors, No such submission shall be deemed to have been completed until all
of the plans and specifications thereof has been delivered to the applicant. In the
event said Board, or its designated committee, fails to approve or disapprove
such design and location within thirty (30) days after said plans and
specifications have been submitted to it, as evidenced by the dated written
receipt, such approval shall be deemed to have been given. If no application has
N:\PL\NER\63020.doc
been made to the architectural committee or their representatives, or if such
application has been rejected, a suit to enjoin or remove such additions,
alterations, or changes may be instituted at any time by the Association or any
Owner; provided, however, no suit to enjoin or remove such additions, alterations
or changes may be commenced if unapproved improvements having been
completed for a period of ninety (90) days and thereafter a deed to a new owner
is recorded, such improvements having been deemed to have been approved by
the 'architectural committee. None of the members of the architectural
committee shall be entitled to any compensation for their services performed
pursuant to this paragraph, but-compensation may be allowed to independent
professional advisors retained by such committee. Exterior antennae shall not
be placed on any building without the express written approval of the
architectural committee. During the time in which the Association has a Class B
member, all decisions of the architectural committee may be vetoed by the
Developer.
.
7.2 Exterior Maintenance. In order to preserve the uniform and high
standards or appearance of the Property, the Association shall provide and be
solely responsible for the maintenance and repair of the exterior of all Living
Units, and the walks, yard areas and driveways of the Lots which responsibility
shall include, but not be limited to the following: The maintenance and repair of
the exterior surfaces of all buildings on the Property, including, without limitation,
the painting of the same as often as necessary, the replacement of trim and
caulking, the maintenance and repair of roofs, gutters, down spouts and
overhangs, (but excluding all maintenance and repair to 'glass and other window
surfaces), mowing, trimming, watering and other care of grass, trees, and other
plants, and the maintenance and repair of storm sewers, storm water ponds,
walks, driveway aprons, driveways and walkways, including snow removal
therefrom. The Association shall also maintain that portion of all private service
water and sewer pipelines from the exterior walls of each Living Unit to the point
at which such service pipelines connect to the lateral water and sewer pipelines
located within the street right of way. All expenditures by the Association for the
above stated purposes shall be uniformly assessed against all Lots in the
Property as provided in Section 4.6 hereof; provided, however, all costs and
expenses of any maintenance or repairs necessitated or caused by willful or
negligent acts of an Owner, the Owner's family, invitees, tenants or vendees shall
be specifically assessed against the Lot of such Owner in the manner provided
herein. All maintenance and repair of individual Living Units and garages shall
be the sole obligation and responsibility and expense of the individual Owners
thereof, except to the extent that the exterior maintenance and repair is provided
by the Association. The Association shall be responsible for all damage done to
the Lots and the improvements thereon in the course of such maintenance and
repair and shall perform or pay for the restoration of and repairs to such
improvements.
.
N:\PL\NER\63020.doc
ARTICLE VIII
Insurance and Reconstruction
8.1 Liability Insurance: Fidelitv Bonds. The Board of Directors of the
Association, or its duly authorized agent, shall obtain a broad form of public
liability insurance insuring the Association, with such limits of liability as the
Association shall determine to be necessary, against all acts, omissions to act
and negligence of the Association, its employees and agents. The Association's
Board of Directors shall also provide fidelity bonds providing protection to the
Association against loss by reason of acts of fraud or dishonesty on the part of
the Association Directors, managers, officers, employees or volunteers who are
responsible for handling of funds of the Association in an amount sufficient to
provide no less protection than one and one-half (1 ~) times the estimated
annual operating expenses and reserve of the Association.
8.2 Destruction and Reconstruction. In the event that a building or .
buildings containing a Living Unit is partially or totally destroyed and in the further
event that a decision is made by the Owners of the Living Units in such building
or buildings whose Living Units are affected by such destruction or casualty to
repair or reconstruct such building or buildings, then such repairs or
reconstruction must be substantially commenced no later than ninety (90) days
following the date upon which such decision has been made by such Owners.
No such reconstruction or repairs shall be commenced without (1) the unanimous
written consent of all the Owners in the buildings whose Living Units are affected
by such destruction or casualty and (2) the written approval of the plans and
specifications of the proposed repairs and reconstruction by the Architectural
Control Committee.
8.3 Manner of Reconstruction. On reconstruction, the design, plan and
specifications of any building or Living Unit may vary from that of the original
upon approval of the Architectural Control Committee; provided, however, that .
the number of square feet of any Living Unit may not vary by more than 5% from
the number of square feet for such Living Unit as originally constructed, and the
location of the buildings shall be substantially the same as prior to the damage or
destruction. All reconstruction costs and expenses shall be the sole obligation of
the affected Owners only, and shall not be assessed to any other Owners.
ARTICLE IX
Notice to First Mortgagees
9.1 Mortgaqee's Rights. Notwithstanding any other provisions of this
Declaration, the Articles of Incorporation or the By-Laws of the Association, the
provisions of this Article IX shall control and in the event of a conflict between the
N:\PL\NER\63020.doc
provisions of this Article and the provisions of such Declaration, Articles, or By-
Laws, the provisions of this Article shall control.
9.2 Notice of Default. Any Mortgagee holding a first mortgage on a Lot,
and who shall have previously filed a written request with the Association, shall
be entitled to written notification of any default by the mortgagor or Owner of
such Lot, or his, or their, heirs, successors, or assigns, in the payment of any
assessments of the performance of any other duties or obligations herein set
forth which shall have remained in default for a period of thirty (30) days or more.
The neglect or failure of the Association to tender such notice to the Mortgagee
shall toll the running of any time limits applicable to the procedure for the
collection of such assessment or remedies available to the Association on
account of such default.
9.3 Consent Required. Without the prior written approval of the Members
entitled to cast seventy-five (75%) percent of the votes of each class of
. membership, the Association shall not be entitled to:
(a) By act or omission, seek to abandon, partition,
subdivide, encumber, sell
or transfer any property, which the Association shall
have acquired for the benefit of the Owners:
(b) Change the method of determining the obligations,
assessments, due or other charges which may be
levied against a Lot;
(c)
By act or omission, change, waive or abandon the
scheme of exterior and Architectural controls, exterior
maintenance, maintenance of party walls, or lawn
maintenance as herein above set forth.
.
ARTICLE X
General Restrictions. Obligations
And Rights of Owners
10.1 Living Unit Restriction. No Living Unit shall be used for
purposes other than as a single family residence, nor shall any garage be used
for or occupied as living or sleeping quarters, nor shall any trade or business of
any kind be carried on within a Living Unit or upon a Lot, nor shall any Lot or any
part thereof be leased, subject, assigned or suffered to be used for hotel or
transient occupancy; provided, however, that none of the following activities shall
be considered to be in violation of these restrictions:
N:\PL\NER\63020.doc
(a) The maintenance of a business and sales office by the
Developer during the construction and sale periods.
(b) The maintenance of an office by the association or its
designated manager for the purposes of management of the Property.
(c) Lease or rental of a Lot for purposes consistent with this
Section; provided, however, that any such lease between an Owner and a lessee
shall (1) be in writing, (2) state that such lease is subject to the restrictions of this
Declaration, any Declaration of Easements applicable to such Lot and the
Articles of Incorporation and By-Laws of the Association and (3) state that the
failure of the lessee to comply with such restriction shall constitute an event of
default under such lease.
(d) Use of a Lot for purposes set forth in a written time share
agreement and not inconsistent with the provisions of this section.
10.2 Prohibition of Damage and Certain Activities. Nothing shall be
done or kept on any Lot or any part thereof (1) to increase the rate of insurance
on any other Lot over what the Owner of such other Lot, but for such activity
would pay, without the prior written consent of the Association, or (2) which
would be in violation of any statute, rule, ordinance, regulation, permit or other
validly imposed requirement of troy governmental body. No damage to, or waste
of, the Property or the buildings situated thereon, shall be committed by any
Owner or any invitee of any Owner and each Owner agrees to indemnify and
hold harmless the Association and the other Owners from and against all loss
resulting from any such damage or waste caused by him or his invitees. No
noxious, destructive or offensive activity shall be allowed on any lot, nor shall
anything be done thereon which may be or may become an annoyance or
nuisance to any other Owner or to any other person at any time lawfully residing
on the Property.
.
10.3 Animals. No animals, rabbits, livestock, fowl or poultry of any kind
shall be raised, breed or kept in or upon any Lot or any part thereof, except that
the Association may, by regulation, rule or otherwise develop rules for the
keeping of dog, cats or other household pets; provided, however, that no such
pet shall be kept, bred or maintained for any commercial purposes.
.
10.4 Signs. No signs of any kind shall be displayed to the public view on
any Lot, provided, however, one sign, if not more than five (5) square feet in area
and which may only be placed upon Private Yard Area of a Lot and which shall
not be attached or affixed to a Living Unit, may be used to advertise such Living
Unit for sale or rent; provided, further, the Developer reserves for itself and its
agents, the right to maintain a business and sales office during the construction
and sales period and to place any advertising sign upon the Property during such
period.
N:\PL\NER\63020.doc
10.5 Maintenance of Garages. All garage facilities, as originally erected
by the Developer, shall be retained as and used for a garage facility for the off-
street interior storage of the vehicles and no such facility shall be converted by
construction or usage to any other purpose.
10.6 Parking and Storage of Motor Homes and Recreational Vehicles. No
motor homes, recreational vehicles, trailers, boats, snowmobiles or other similar
vehicles shall be parked, stored of kept on any Lot unless such vehicle is kept
entirely within the garage facilities as originally erected by the Developer;
provided, however, any such vehicle may be temporarily parked or left
unattended by the Owner, his guests, invitees and visitors wholly or partially
outside of the garage facilities for a reasonable period of time, but not to exceed
forty-eight (48) hours in any thirty (30) day period for each such vehicle.
.
10.7 Prohibition Upon Erection of Storage Sheds. No detached storage
structures, including, but not limited to, storage sheds, tool sheds or other
outbuilding whose principal intended use is the storage of goods or materials,
shall be erected, whether temporary or permanently, upon any Lot, except by the
Developer but only in connection with the initial development and sale of the
Property and, al1 such structures shall be removed by the Developer upon the
completion thereof. Notwithstanding anything to the apparent contrary, the
provisions of this section shall prevail over the provisions of Section 7.1 hereof.
.
10.8 General Rules and Regulations. By acceptance of any deed or other
conveyance of a Lot, each Owner delegates to the Association the right and
power to adopt, amend, repeal and enforce reasonable rules and regulations, of
general application to all of the Lots in the Properly, relating to the use and
conduct permitted on the Private Yard Area of each Lot. Each Owner expressly
agrees to observe such rules and regulations and to be bound thereby, and to
prevent the breech thereof by the members of such Owner's families, guests,
invitees, lessees, contract for deed purchasers and all other persons lawfully on
such Owner's Lot with the Owner's consent. Notwithstanding the foregoing, any
such rules and regulations must satisfy the following requirements:
(a) All such rules and regulations must be consistent with the object
and purposes of this Declaration and shall be directed at
protecting the value and desirability of the residential community
to be created on the Property and enhancing the general
welfare of the residents of such community, all as determined by
the Board of Directors of the Association in their sole discretion.
(b) All such rules and regulations may only be directed at activities
occurring on the Private Yard Area of each Lot and may not
restrict the activities of any residents of the community occurring
within each Living Unit.
(c) All such rules and regulations shall be uniformly applicable to
N:\PL\NER\63020.doc
all Lots and all Lots and all persons on the Property.
The Board of Directors of the Association shall have the sole authority to
make, modify and repeal any rules and regulations under this Section 10,8 and
neither the members of the Association nor the members of the Board of
Directors shall be liable to anyone as a result of the adoption, modification,
repeal or enforcement of any rule or regulation made under this Section 10.8 if
such action is taken by the Board of Directors in good faith. Without limiting the
generality of the foregoing, the following subjects shall be proper objects of any
rules and regulations under this Section 10.8:
(a) Storage of materials.
(b) Pets.
(c) Use of recreational equipment.
(d) Parking of vehicles.
.
(e) Garbage collection procedures.
(f) Lawn furniture.
(g) Motor vehicle repairs conducted outside of the garage.
(h) Restrictions on noise
ARTICLE XI
General Provisions
.
11.1 Enforcement. The Association or any Owner, shall have the right to
enforce, by a proceeding at law or in equity, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the
provisions of this Declaration including, but not limited to, the collection of all
assessments and the enforcement of all rules and regulations adopted by the
Association under Section 10.8. In the event that the Association should employ
the services of an attorney in connection with a breach of the terms hereof by a
Member, his family, guests, tenants or contract purchasers, or in connection with
the enforcement of the terms hereof, and if the Association shall prevail in any
such action, such member shall pay, in addition to all other sums due, the
Association's reasonable attorneys' fees, costs and expenses. The failure by the
Association or by any Owner to enforce any covenant or restriction herein
contained shall in no event be deemed a waiver of the right to do- so thereafter.
If these restrictions are enforced by appropriate proceedings by anyone or more
N:\PL\NER\63020.doc
.
of such heretofore described persons, such persons may be reimbursed by the
Association for all or any part of the cost incurred, as the Board of Directors of
the Association shall, in its sole discretion determine.
11.2 Access. Solely for the purpose of performing the maintenance
authorized by this Declaration, the Association through its duly authorized Agents
or employees shall have the right, after reasonable notice to the Owner, to enter
upon any Lot.
11.3 Severability. The invalidation of anyone of these covenants or
restrictions by legislation, judgment or court order shall in no way affect any other
provision, which shall remain in full force and effect.
.
11.4 Amendments. The provisions of this Declaration may be amended
during the first twenty (20) years by an instrument signed by Members entitled to
cast no less than ninety (90%) percent of the membership votes, and thereafter
by an instrument signed by Members entitled to cast no less than seventy-five
(75%) percent of such votes. No amendment shall be effective until it shall have
been properly recorded.
11.5 FHAN A Approval. As long as there are Class B Members, the
following actions shall require the prior approval of the Federal Housing
Administration or the Veteran's Administration; Annexation of additional
properties and the amendment of this Declaration of Covenants, Conditions and
Restriction.
.
11.6 Limitation on Declaration. The covenants, restrictions, conditions and
reservation imposed or established by or created under this Declaration shall run
with and bind the Property for a period of thirty (30) years from the date of the
recordation of this Declaration and may be enforced as provided in Section 11.1
herein above. After the expiration or said thirty (30) year period, all of such
covenants, restrictions, conditions and reservations shall automatically continue
to run with and bind tile Property for successive periods often (10) years each
unless revoked, changed or amended in whole orin part, by an instrument
signed by not less than seventy-five (75%) of the Lot Owners. Any amendment
must be recorded.
N:\PL\NER\63020.doc
"
IN WITNESS WHEREOF, the undersigned has caused this document to
be executed as of the day and year first above written.
MANITOU WOODS, LLC
By:
Roger A. Anderson
Manager
Notary Public
This document was drafted by:
Manitou Woods, LLC
13400 15th Ave. No., Suite B
Plymouth, M N 55441
.
N:\PL\NER\63020.doc
"'I
.
.
EXHIBIT "A"
PROPERTY DESCRIPTION
Lots 1 through 4, inclusive, Block 1;
all in Manitou Woods, according to the plat thereof of record and on file in
the Office of the Registrar of Titles in and for Hennepin County, Minnesota and
all of which is situated in said County.
N:\PL\NER\63020.doc
Shore wood City Council
5755 Country Club Road
Excelsior, MN 55331
March 20, 2001
Dear Members of the Council,
On February 26th Lt. Ken Schilling, of the Sheriff's Water Patrol, Greg Nybeck, Executive Director of the
LMCD, Bert Foster, Chair of the LMCD Board, and I attended the Shore wood City Council working
session to discuss the need for additional deputies to cover Lake Minnetonka. Several suggestions were
made at the meeting and several questions posed:
1. How long will the LMCD be asking for financial help on this matter?
2. What facts can be shared about boat storage and usage on the Lake?
3. What information is available regarding boater's opinions and attitudes about their boating experience?
4. What information is available from the Sheriffs department regarding trends in tickets, warnings,
accidents, and the like?
5. What measures will be used to determine if adding additional deputies makes a difference?
.
Here are responses to these questions.
1. the LMCD views this project as an interim step that will last for two years, the boating seasons of200l
and 2002. We have no intention of pursuing this after 2002, as Hennepin County should be picking up
responsibility for this by then.
2. Certain Lake usage trends can be seen from the table below, which is derived from Boat Storage
Studies done in 1996, 1998, and 2000. In the table, "Boats stored" means the number of boats stored
at docks and marinas around the Lake. This data is collected by physically traveling around the Lake
and counting the boats by hand. "Ave. weekend boats" is the number of boats in use during an
average weekend; this data is derived from aerial surveys.
Descri tion
boats stored
ave. weekend boats
1996
14,642
1,056
.
The conclusion is obvious: usage of the Lake continues to grow.
3. User attitude surveys were conducted in both 1996 and 2000. From all the data available, we have
summarized the parts that are relevant to this issue in the following table. The percentages shown
below reflect only those boaters who felt that the area in question was in the range of a "problem" to a
"serious problem."
Percent of boaters ex
concerns about" roblems"or "serious
1996 data
30%
46%
47%
25%
24%
29%
roblems".
2000 data
70%
75%
63%
52%
55%
52%
rl If
Our conclusion, drawn from this data, and based on the significant growth in the levels of concern, is that
the Lake is clearly a less enjoyable (and arguable less safe) place to be.
4. The. Sheriffs department has supplied us with the information regarding Water Patrol activity overall
for Hennepin County. This data is not available for just Lake Minnetonka; plus the information
includes a lot of data that is not relevant to the issue we are addressing. Nevertheless, here are some of
the overall trends drawn from this data. To simplify this analysis, I am grouping areas together in what
I feel is a logical way. The terms I use for these categories are my terms, not the Sheriff's.
_ "General Incidents" (includes burglary, theft, vandalism, fires, criminal activity, and property
recovery). The overall trend in this category over the last three years has been significantly downward.
_ "Relevant Incidents" (This category includes boating accidents, snowmobile accidents, drownings,
medical assistance and other areas that are more relevant to water usage and safety). The overall trend
in this category over the last 6 years has been steady.
_ "Warnings" This category includes verbal and written warnings. The overall trend in this category
over the last 3 years has been down slightly.
_ "Citations" This category includes written citations for all varieties of violations.
boating related citations have varied a lot over the last 5 years, peaking in 1996, then
dropping for three years in a row, then increasing in 2000.
personal watercraft citations have been growing steadily since record keeping for this area
started in 1997
It is hard to draw a true "conclusion" from the Hennepin County information because the data is not for just
Lake Minnetonka' However, if we recognize that Lake Minnetonka is the busiest body of water in
Hennepin County, which is validated by the fact that 80% of the Water Patrol's hours are spent on the
Lake, we might conclude that the Hennepin County trends listed above are conservative. In addition, our
conversations with many knowledgeable stakeholders (boaters, the Sheriffs department, Mayors and City
Council members of the 14 cities, etc.) indicate that there is a need for increased Water Patrol presence,
because:
there has been a change in boating "culture" that is less civil and less courteous
boaters today have less experience in boating and boating rules
the processing time for an arrest is much longer now than in prior years. This means that
every arrest takes an officer out of active "duty" for many hours
.
5. Our plans for measuring the effectiveness of the additional deputies include:
staying in touch with the Water Patrol and the 14 member cities
developing a survey instrument that could be used at marinas and boat landings to capture
boater's experiences and attitudes
We want to ensure that the efforts and dollars expended result in the outcome we all desire.
.
We have tried to collect and present the statistical type of information that Shore wood has requested and
this has been a good exercise. Even though it is hard to draw irrefutable and scientific "conclusions" from
this data, I believe the overall indications about Lake usage and safety are obvious.
We appreciate the time and attention given to this matter by the Shorewood City Council so far and are
eager to receive your comments about the information presented here. To date we have received support
from 10 LMCD member cities, and I would personally like to see Shorewood become number 11.
Shorewood's contribution to this project in 2001 would be $3285.
Sincerely
Tom Skramstad
Cc:
Bert Foster
Greg Nybeck
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
lMCD NEWSLETTER
Submitted by Tom Skramstad
March 20th, 2001
Here is my "periodic" report of lMCD activities.
.
1. Renewals have been granted to dock structures for Boulder Bridge Farm, Howard's Point Marina and Shorewood
Yacht Club; all with no changes from past years.
2. All 14 liquor licenses (which the lMCD manages) have been granted to cruise boats for the 2001 season. A lottery
concept has been developed to deal with past issues when there is more demand than supply. Under this concept,
names of those wanting a liquor license will be placed into a drawing, and a name drawn when a license becomes
available.
3. A new lMCD Website has been developed and will be available sometime in April. Still www.lmcd.org.
4. The Upland Farms development has been getting a lot of discussion. The LMCD feels that this area of Six Mile
Creek is our jurisdiction and we have serious concerns about dredging the creek and installing a marina upstream.
The developers disagree with this position, and lawyers are positioning themselves for further discussion. We are
seeking comments from other agencies (the DNR, the City of Minnetrista, the Minnehaha Creek Watershed District)
about the development and the environmental impact.
.
5. The milfoil harvesting program for 2001 will undergo some changes for the better.
Of the 5 harvesters, only 4 will be scheduled at one time, allowing for maintenance. In past years there has
been a pattern of one machine needing attention at all times since 4 of the 5 machines are older. This
approach will save on salaries of workers who were scheduled in prior years but could not work due to
equipment downtime.
- A new fixed bid contract for equipment maintenance has been signed which will protect us from cost
overruns.
- A new vehicle for hauling the workers and a maintenance trailer has been ordered (in the budget)
Radio communication gear will be ordered to enable the workers and their supervisor to stay in touch
6. The 2000 Boat Density Survey has been completed. Schoell and Madson, Inc. conducts these surveys every 2
years in compliance with the Management Plan for lake Minnetonka. This project is a joint effort of the lMCD and
the MN DNA. The study shows that usage of Lake Minnetonka continues to grow. A copy of this study can be made
available for Shorewood's review.
7. The User Attitude Survey (conducted every 4 years) has also been completed. It shows that boaters on the Lake
have increasing concerns about boat wakes, lack of courtesy, increasing size of boats, and boat speed. A copy of
this report can be made available for Shorewood's review.
8. 2001 Board Officers are: Bert Foster - Chairman, Craig Nelson - Vice Chairman, Tom Skramstad - Treasurer, and
Lili McMillan - Secretary.
4178
9. This past summer, the LMCD forwarded a proposal to increase Hennepin County Sheriff's Office Water Patrol
presence on Lake Minnetonka for the 2001 boating season, by two full-time Deputies for five months Please see my
other piece of correspondence on this matter.
10. The Shorewood Yacht Club expansion project continues. The issue that has been outstanding since last June has
been the fact that one piece of non-Iakeshore property has a deeded easement for boat storage on the more
recently acquired piece of SYC land. The LMCD has the authority to grant a more dense concentration of boats (1
boat per 10 feet of shoreline) if, and only if, the boat storage is available to the general public. This easement is
deeded to a specific non-Iakeshore homeowner; this issue will stand in the way of approval by the LMCD. The
lawyers have apparently just reached an agreement on this matter, and it will come before the LMCD Board soon for
further consideration.
Please let me know if you have comments about the format, content, frequency or level of detail of these reports.
Sincerely,
Tom Skramstad
.
.
.
.
.
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD · SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128 . www.cLshorewood.mn.us . cityhall@cLshorewood.mn.us
MEMORANDUM
DATE:
March 20, 2001
TO:
Mayor and Council Members
Jean Panchyshyn, Deputy Clerk ~ A~
Craig W. Dawson, City Administrator W
FROM:
RE: Consideration of a Request from the Excelsior Area Chamber of Commerce
for City Representation to the 4th of July Committee and Financial Support
.
The Excelsior Area Chamber of Commerce has submitted their annual request for financial
support for this year's Fourth of July celebration. Shorewood has budgeted $1000 for the year
2001 for this event.
In their attached memorandum, the Committee has also stated that Council Member Chris Lizee
has agreed to be the representative for the City, and that two volunteers are secured for 'water .
patrol' .
A motion to approve the contribution amount of $1000, as well as the City's Representative
anq water patrol volunteers is needed for this item.
:!F7C,
n
~~ PRINTED ON RECYCLED PAPER
11""...."""..-- ---..., ---.. ------
Date:
Pages:
Sender:
Fax Number:
Type:
- -.,
3/15/01
1
Fax
historic .
excelsior
~........... ......"......,v..._.....__.-...................~....c............... ........... '."10 ..._.......... ," " \
....... ..
bCEUIIOR ARI!A ~ OF COMIl.8IcE
February 21,2001
Mayor Woody Love
Shorewood City Council Members
5755 Country Club Rd
Shorewood, MN 5S331
Dear Mayor and Council Members:
Time:
Duration:
Company:
Subject:
1 :56 PM
1 min 33 sec
On the shores of Lake Mlntaetonka
.
First, I would like to introduce myself. My name is Michael nothof. and I ha.ve taken
owrror Teny Roeser as the Chairrmm of the Fourth of July Committee. We are in the
initial stages of organizing this year's events, and like years past, we are asking each of
the South Lake cities ror financial support to offset the costs of police and sanitation.
Shol'eWOOd has been a consistent supporter oflhis event and we ask that you once again
consider mrikin& a contribution. Last year you contributed generously with $1000.
I would be happy to attend the COWlciJ meeting that bas this topic on its agenda. I can be
reached at my office; the phone number is 470-9962.
Secondly, I just spoke with Chris Lizee, and she has agreed to be the representative for
the City of Shore wood. 1 encourage you to caJl me with questions, should you have any.
Also, it has come to my attention tbat we have two volunteers to take over the 'water
patrol' during the fireworksl Thank you, again, Mayor, for your time and energy in the
past. We value your input and welcome yo.ur involvement in this year's planning.
thank you for your past participation, and we look forward to your future involvement.
. Sincerely,
'.~d,?
Michael Botho( D.C.
Li:tetime Chiropractic
Chairman. 41h of 1uly
. .
.
POST OFFICe BOX 32 . excElSIOR, MINNESOTA 55331 . PHONE f6121 414-6461
1
~
.
--
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
.
DATE:
SUBJECT:
City Council
Shorewood Park Foundation I,i'\.
Craig W. Dawson, City Administrator ()y
March 22, 2001
Changes to By-Laws of the Park Foundation
The Shorewood Park Foundation has determined that it needs to refocus its purpose and structure in
order to be an effective organization for the Shorewood community. During the past few months, the
Board of Directors has reviewed its by-laws and proposed a number of amendments to them. These
amendments must ultimately be approved by the Shorewood City Council, which performs an
oversight and accountability function on behalf of the public.
The Foundation Board requested comments from the Park Commission before presenting the
proposed amendments to the City Council. The Park Commission considered these amendments at
its March 13 meeting, and endorsed them.
Major features in the proposed amendments are:
.
. The Foundation would focus solely on fund-raising for the Shorewood park system. It would
no longer serve also as a communications foruin for persons or organizations using or
interested in the Shorewood park system.
. The funds would be used primarily for capital improvements. They could be used to
supplement or expedite planned capital improvements, or for improvements that. are not
included in the capital improvement program for the park system.
. The number of directors of the Foundation would be reduced from the current 15 to 21
members, to 7 to 9 members. This number is far more manageable, and reflects the level of
participation that has occurred over the past few years. One director must representthe Park
Commission. It is suggested, though not required, that potential directors be selected to
represent several other interests or organizations. Essentially, anyone who would be willing
to serve on the Foundation and raise funds to improve the Shorewood park system would be
welcomed, regardless of their affiliation or city of residence. The Foundation would nominate
persons to the Board of Directors, and the City Council would vote on the appointment.
As exists today, all proposed improvements to the park system must be submitted to the Park
Commission. The Foundation's proposal and the Commission's recommendations would then be
considered by the City Council, whose approval must be given before the proposal may be
implemented.
ft
~~ PRINTED ON RECYCLED PAPER
#7U
"
-- 2-
It is expected that this change in focus and structure will clarify the role of the Foundation as a fund-
raising organization to support the Park Commission and City Council.
City Council Approval Required:
As listed in Section XV of the current version of the Foundation's by-laws, several sections may not
be amended without the approval of the City Council. These sections would be amended as shown
on following page.
RECOMMENDATION:
It is recommended that the City Council approve the proposed amendments to the by-laws of .
the Shorewood Park Foundation.
.
~
'.
.
-- 3-
Sections of the Shorewood Park Foundation By-Laws Requiring City Council Approval
2.01 Scope of park improvements would be extended to those that add to the general quality of life
for Shorewood and its broader community.
2.02 The 44Cooperation and Coordination of Human Resources" section would be deleted from the
by-laws. The Foundation would no longer have, as one of its major purposes, serving 44as a vehicle
for sports organizations, civic groups, and individuals to cooperatively" address a number of broad
activities. The effect of deleting this section would be to focus the Foundation's activities on fund-
raIsmg.
2.03 The 44Coordination of Financial Resources" section would no longer list 44reducing the use of
property tax dollars for park-related expenditures" as one of its primary objectives. The Foundation
believes it should raise funds for the City, but not become an on-going source of operating revenue.
This section would be renumbered as 2.02.
2.04 This Section would be renumbered as 2.03.
3.01 Only a style change is made. ("5" becomes 4'five")
4.04 This section relates to the number and required affiliations of members of the Board of
Directors. The number of Directors would become seven to nine, instead of the current 15 to 21.
The only required representation would be one member from the Park Commission. A preference is
stated in the proposed by-laws that the rest of the directors be selected to reflect a diverse group of
interests, but that such diversity would not be required. Essentially, anyone with an interest in the
betterment of the Shorewood park system and a willingness to raise funds for it, would be welcomed
as a director.
4.06 The method of appointment to the Board would be changed. Instead of the City Council
being responsible for making appointments, the Board would nominate persons for the City Council
to approve their appointment.
4.10 The method of filling vacancies on the Board of Directors would be clarified and expedited
under the proposed amendment.
4.11 Removal of Directors -- No amendment is proposed.
5.02 Election, Term of Office, and Qualifications -- No amendment is proposed.
5.04 Removal of Officers - No amendment is proposed.
5.05 Vacancies of Officers - No amendment is proposed.
~.
BYLAWS
Arnm:ended
April 27, 1995 2001
OF
THE SHOREWOOD PARK FOUNDATION
ARTICLE I.
Offices &: Seal
Section 1.01. Reqistered and Principal Offices. The Shorewood
Parks Foundation (the "Corporation") shall have and continuously
maintain in the State of Minnesota a registered office, which
shall be located at the Shorewood City Hall, 5755 Country Club
Road, Shorewood,Minnesota.
Section 1.02. Corporate Seal. The Corporation shall have no
corporate seal.
.
ARTICLE II.
Purposes of the Corporation
Consistent with the Articles of Incorporation of the Foundation,
the Corporation shall be organized exclusively for charitable,
educational or scientific purposes within the meaning of Section
501(c) (3) of the Internal Revenue Code of 1986, as it now exists
or as hereafter amended (the "Code"). Consistent with the
foregoing, the Corporation shall establish and maintain programs
to promote the preservation, protection, improvement,
establishment and enlargement of parks, trails, bikeways and open
space generally for the benefit of the residents of the City of
Shorewood. This shall include, but not be limited to:
.
Section 2.01. Park Improvements. Providing more and better
facilities at Shorewood's parks for organized sports activities
and for unorganized recreational activities, all of which shall
be calculated to:
A. Add to the general quality of life for the entire
Shorewood and its broader community;
B. Allow for more residents and civic organizations to
participate in recreational activities;
.~
.
.
C. Provide an opportunity to encourage donations to
Shorewood's parks.
Section 2.02. CooDeration and Coordinatien of IIumCln Resources.
ffo'vTiding a frame'vv'ork for the pooling ef humCln resources to
support, operate, and impro',ic Chore'v.ood's park facilities, v.rhich
shall be calculClted to:
A. Serve as Cl ',jchicle for sports organizations, ci',jic
groups, and individuals to cooperatively.
1. Identify COffiffion goals and 'ViOrk together to reali-z7e
them,
2. I'rovide meaningful ana joint p<:1rk-planning,
3. Develop creative ideas to better utilize Clvailable
space, raise funds, and expand recreational activities
C03t effectively,
4. ImprOve cOffiffiunicati~and understClnding, and
D. Serve as the p:r:ogram or specific project coordinator
with the appro'v'al of the Shore\<lOod City Council.
Section 2.~.02. Coordination of Financial Resources. Providing
the framework for the raisingpooling of funds to support, operate
and improve Shorewood's park facilities expeditiously, by:
A. Reducing the use of property tax doll<:1rs for park
related expenditures,
B8. Raising and disbursing funds for:
1. Park Caoital Imorovement orolects as listed in the
City of Shorewood's five-year Parks Caoital Imorovement
Proqram; ~ortien of the cost of maintaining Shore'vvood
I'arks;
2. Park improvement prol ects in the lonq-ranqe Parks
Capital Improvement Plan, which extends beyond five
years ;flark Capital Impro'v'ement projects as listed in
the City of ShorevlOod 's fi'v'e y-eer I'ar}l,:s Ca.pi tal
~roVCffient Program,
3. A portion of the cost of
Parks;
I'ark improvement projects in
Capi tal Impro'vcmen t Plan, itvhich
maintaininq Shorewood
the long range I'arks
extends beyond 5 years;
EB. Working with the City to apply for and provide matching
and in-kind contributions for various recreational grants.
Section 2.B403. Coordination of Improvement Prolects. Providing
for an organized means to review, prioritize, recommend, and .
undertake, and undertake park improvement projects.
ARTICLE III.
proiect Proposals
Section 3.01. Process. All park improvement project proposals
must be submitted to the City of Shorewood Park Commission, which
shall review proposals and submit recommendations to the
Shorewood City Council, which must approve such proposals before
the project can be implemented. Such proposals shall be
categorized as follows:
A. For inclusion in the Park Capital Improvement Program;
.
B. For inclusion in the long.::.-range plan (beyond 5--five
years) ;
C. As a separate proposal from an organization or individual
which has an identifiable funding source, which is not
inconsistent with park physical or financial plans, and
which merits consideration.
~
~
ARTICLE IV.
Directors & Meetings
Section 4.01. Members. The Corporation shall have no members,
except as determined by the Board of Directors.
Section 4.02. General Powers. The property, affairs and business
of the Corporation shall be managed by the Board of Directors.
Section 4.03. Prooertv. No director shall have any right,
title, or interest in or to the property of the Corporation.
Section 4.04 . Number. The number of directors at the time of
incorporation shall be as provided in by the Articles of
Incorporation. Thereu8fter 2001, the number of
directors ~shall be ~eased or decreased to any odd number:
not less than -3:-5-1, nor more than 7H:-2,.....-..:-f7y-.vrote of ffie Shore'VJOod
City Couneil. The directors. shall be appointed as follows:
A. Pive (5) directors shall be
organizations ..hieh regularly
ffi:.l:t)reitiOod park faeili ties;
To the qreatest extent
appointed to represent
orqanizations:
representatives from sports
and consistently uoe the
possible , directors should be
the followinq qroups or
· Sports orqanizations which reqularly and
consistently use the Shorewood park facilities;
B. Pour (4) direetoro shall be representatives from
.
ftArea civic organizations
Shorewood's parks;
support
which
C. TitJO (2) directors shall be members of the Shore".wod pa.rk
COffiffii3sion,
D. One (1) director shall be Q. representative of the
. Minnetonka School District Community Education and
ServicesT1.. QQho shall be appointed after eonsulting
it.-ith the CORlffiunity Oerv.ices Doard,
:8. Three (3) directors shall be reserv'ed for
. Shorewood residents who mayor may not be included
in any of the foregoing categories.
B. One (1) director shall be member of the Shorewood Park
Commission;
In addition to the foregoing directors, one (1) member of the
Shorewood City Council and the Shorewood City Administrator shall
be ex officio directors having all rights and privileges of said
position except that they cannot vote. .
The number of directors from anyone of the representative groups
listed above in Paragraphs 4.04 A D (it.hether appointed pursuant
to Paragraphs 4.04 A D or Paragraph 4.04 :8) shall not exceed 33%
of the total number of directors.
Section 4.05. Oualifications. Directors shall be residents of
Minnesota. Persons who would be described in Section 4946 (a)
(1) (A) or (C) through (G) of the Code, if the Corporation were a
"private foundation" as defined in Section 509 (a) of the Code,
shall never constitute more than one-third of the directors of
the Corporation; and such persons, together with representatives
of banks or trust companies which serve as directors, investment
advisors, custodians, or agents for or with respect to fund of or
held for the benefit of the Corporation, shall never constitute
more than one-half of the directors of the Corporation.
.
Section 4.06. Appointment. All directors shall be appointed By
the Ohorewood City Council. If the Doard of Directors is
enlarged, the additional directors ...,.-ill be appointed by the
Chore...,;ood City Council. after nomination by the Board of
Directors and approval by the Shorewood City Council.
Section 4.07. Terms of Office. Each director shall be appointed
for three years or until his or her successor shall have been
appointed, except the initial terms of initial directors shall be
staggered so no more than one-third of the directors or closest
fraction thereof will end their terms in the same year. ~
r~tio shull be maintained if the Doard of Directors is expanded
beyond fifteen (15). Three conseeuti.J'e terms (:3 years) is the
m~ximum appointment period, hO'ii?€;veT, S~.lch lim-i t~tion shall noe
apply to assignments on various und sundry ~dvisory committees us
may bc established by the Do~rd of Directors.
Section 4.08. Orqanization. At each meeting of the Board of
Directors, the President of the Corporation or, in his or her
absence, an acting Chairperson chosen by a majority of the
directors present, shall preside. The Secretary of the
Corporation or, in his or her absence, any person whom the
Chair~erson shall appoint, shall act as Secretary of the meeting.
~
Section 4.09. Resiqnation. Any director of the Corporation may
resign at any time by giving written notice to the President or
to the Secretary of the Corporation. The resignation of any
director shall take effect at the time specified therein; and,
unless otherwise stated therein, the acceptance of such
resignation shall not be necessary to make it effective.
~
Section 4.10. Vacancies. The erganiz~tions or person represented
by a directorBoard of Directors may make a recommendation to the
Shorewood City Council regarding any vacancy in the Board of
Directors caused by a resignation, disqualification, removal, or
any other cause. The director appointed by the Shorewood City
Council to fill the vacancy shall hold office for the remaining
term of that directorship..L. and unt:i:-l:-l-tls or her su.ccessor shull
be duly elected and qualified, unless sooner vacated.
Section 4.11. Removal of Directors.
removed, either with or without cause,
Shorewood City Council. The vacancy in
caused by any such removal shall be
specified in Section 4.10 hereof.
Any director may be
at any time, by the
the Board of Directors
filled in the manner
Section 4.12. Annual Meetinq. The January meeting will be the
Annual meeting. On the same day, the Board of Directors shall
meet, at the place where such annual selection and election of
directors is held, or at such other place within the State of
Minnesota as may be designated by the Board of Directors, for the
purposes of electing officers of the Corporation and for the
transaction of such other business as shall corne before the
meeting. Notice of such meeting need not be given if it is held
at the place where the annual election of directors is held, but
if such annual meeting of the directors is to be held at any
other place, such other place shall be specified in a notice
given as hereinafter provided for special meetings of the Board
of Directors or in a consent and waiver of notice thereof signed
by all the directors.
Section 4.13. Reqular Meetinqs. Regular meetings of the Board of
Directors shall be held from time to time at such time and place
within the State of Minnesota as the Board may determine by
resolution adopted by a majority of the whole Board of Directors,
and, in the absence of such designation, shall be held at the
registered office of the Corporation in the State of Minnesota.
Section 4.14. Substitute D.i:t'ectors. A director may appoint a.
substitute to attend specified meetings of the Dourd of Directors
in the director's aboence. Said substitute shall have all of the
rights of thc director at sueh meetings, but only after
announcing his or her pre:3cncc and for IIV'hich director he or-ehe
is acting as a substitute.
.
.
.
.
Section 4.15. Notice of Meetinas. Except as otherwise provided
by statute and in these Bylaws, written notice of each meeting of
the directors, whether annual or regular shall be given not less
than five (5) nor more than thirty (30) days before the day on
which the meeting is to be held, to each director by mailing such
notice to his or her post office address as shown on the books of
the Corporation. Notice of any meeting of directors shall not be
required to be given to any member who is in attendance when such
called meeting is held. Notice of any adjourned meeting of the
directors shall not be required to be given, except where
expressly required by law.
Section 4.16. Special Meetinas. Special meetings of the Board
of Directors shall be held whenever called by the President or by
two or more of the directors. Notice of such special meeting
shall be mailed to each director, addressed to him or her at his
or her residence or usual place of business, at least two (2)
days before the day on which the meeting is to be held, or to be
delivered personally or by telephone, not later than one (1) day
before the day on which the meeting is to be held. Each such
notice shall state the time and place of the meeting, but need
not state the purposes thereof except as otherwise expressly
provided. Notice of any meeting of the Board of Directors need
not be given to any director who shall be present at such
meeting; and the meeting of the Board shall be a legal meeting
without any notice thereof having been given if all the directors
of the Corporation then in office shall be present thereat to
waive such notice in writing before, at, or after said meeting.
Section 4.17. Emeraencv Meetina. In the event of an emergency in
which the written notice for annual, regular, or special meeting
cannot be honored, reasonable attempts shall be made (and
documented) to contact directors by phone and explain the
emergency nature of business to be transacted. The first order of
business at the meeting itself shall be action on a resolution
declaring the need for an emergency meeting. If approved by roll
call vote of two-thirds of the full membership, the meeting may
proceed.
Section 4.18. Quorum. At each meeting of the directors, the
presence of 33% of the officially appointed Board of Directors as
a whole shall constitute a quorum for the transaction of
business, except where a greater number may be required by
statute. In the absence of a quorumk a majority of the directors
present in person shall have the power to adjourn the meeting
from time to time until the required number of directors shall be
present. At any such adjourned meeting at which a quorum shall be
present, any business may be transacted which might have been
transacted at the meeting originally called.
Section 4.19. Votinq. At each meeting of directors, each
director present in person shall be entitled to one vote on each
matter to be voted upon at the meeting. At all meetings of the
directors, all matters (except in special cases where other .
provisions may be made by statute) shall be decided by a majority
of votes cast by the directors present in person, a quorum being
present.
Section 4.20. Proxies. Proxies shall not be allowed or used.
Section 4.21. Public Notice and Attendance. Attendance by the
public at meetings of the Board of Directors generally shall be
encouraged. In the sole discretion of the Board of Directors,
notice of any annual, regular, or special meeting may be given to
the public, and the public may be invited to attend all or any
portion of any such meeting, as the Board of Directors may
designate.
.
ARTICLE V.
Officers
Section 5.01. Number. The officers of the Corporation shall be a
President, a Secretary, a Treasurer, and, if the Board shall so
elect, one (1) or more Vice Presidents and such other officers as
may be appointed by the Board of Directors. Any two (2) or more
offices, except those of President and Vice President, may be
held by the same person.
Section 5.02. Election, Term of Office and Oualifications. All
officers shall be elected annually by the Board of Directors, and
each shall hold office until the next annual election of officers
and until his or her successor shall have been duly elected and
qualified, or until his or her death, or until he or she shall
resign, or until he or she shall have been removed in the manner
hereinafter provided. All officers shall be directors; any
director who resigns or is removed from his or her directorship
shall be deemed to resign or be' removed from any office he or she
holds.
.
Section 5.03. Resiqnations. Any officer may resign at any time
by giving written notice of his or her resignation to the Board
of Directors, to the President or to the Secretary of the
Corporation. Any such resignation shall take effect at the time
specified therein; and, unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective.
Section 5.04. Removal. Any officer may be removed, either with
or without cause, by a vote of the Board of Directors at a
meeting called for the purpose (and such purpose shall be stated
in the notice or waiver of notice of such meeting unless all the
directors of the Corporation shall be present thereat) or any
time by a vote of the Shorewood City Council.
.
Section 5.05. Vacancies. A vacancy in any office because of
death, resignation, removal or any other cause shall be filled by
the unexpired portion of the term in the manner prescribed in
these Bylaws for election or appointment to such office.
Section 5.06. President. The President shall be the chief
executive officer of the Corporation and shall have general
active management of the business of the Corporation. He or she
shall, when present, preside at all meetings of the directors. He
or she shall see that all orders and resolutions of the Board of
Directors are carried into effect. He or she may execute and
deliver in the name of the Corporation any deeds, mortgages,
bonds, contracts or other instruments pertaining to the business
of the Corporation, including, without limitation, any
instruments necessary or appropriate to enable the Corporation to
donate income or principal of the Corporation to or for the
account of such organizations, causes, and projects described in
the Articles of Incorporation of the Corporation as the
Corporation was organized to support, and in general, shall
perform all duties usually incident to the office of the
President. He or she shall appoint working committees and shall
be an ex officio member of all committees. Such power shall
include the power to appoint an Executive Committee and Advisory
Committee which shall have those authorities delegated to them by
the Board of Directors. He or she shall have such other duties as
may from time to time be prescribed by the Board of Directors.
Section 5.07. Vice President. Each Vice President, if any shall
be elected by the Board of Directors, shall have such powers and
shall perform such duties as may be specified in the Bylaws or
prescribed by the Board of Directors or President. In the event
of absence or disability of the President, Vice Presidents shall .
succeed to his or her power and duties in the order designated by
the Board of Directors.
Section 5.08. Secretarv. The Secretary shall be Secretary of,
and when present, shall record proceedings of meetings of the
members and Board of Directors. He or she shall when directed to
do so, give proper notice of meetings of directors. He or she
shall perform such other duties as may from time to time be
prescribed by the Board of Directors or by the President and, in
general, shall perform all duties incident to the office of
Secretary.
Section 5.09. Treasurer. The Treasurer shall keep accurate
accounts of all moneys the Corporation received or disbursed. He
or she shall deposit all moneys, drafts and checks in the name
of, and to the credit of, the Corporation in such banks and
depositories as a majority of the whole Board of Directors shall
from time to time designate. He or she shall have power to
endorse for deposit all notes, checks and drafts received by the
Corporation. He or she shall disburse the funds of the
Corporation as ordered by the Board of Directors, making proper
vouchers therefor. He or she shall render a full account of all
his or her transactions as Treasurer and the financial condition
of the Corporation frequently, at least on a quarterly basis, and
more often if so required by the President, Board of Directors or
the City of Shorewood Finance Director; and shall perform such
other duties as may from time to time be prescribed by the Board
.
Section 5.10. Other Officers. The Corporation may have such
other officers and agents as may be deemed necessary by the Board
of Directors, who shall be appointed in such manner, have such
duties and hold their offices for such terms as may be determined
by resolution of the Board of Directors.
ARTICLE VI.
Committees
Section 6.01. Committees. The Board of Directors shall have
authority by resolution to establish committees with size,
duration, duties, and responsibilities as are granted to them
from time to time by the Board of Directors. The President shall
.have authority to appoint members to the committees, designate
the chairperson, or delegate the chairperson selection to the
committee itself. The President shall be a member of all
committees. Members of committees need not be members of the
Board of Directors; however, in every case, no less than one
member of the Board of Directors shall be appointed to every
committee.
.
Section 6.02. Advisorv Committee. There may be an Advisory
Committee which shall consist of not less than three members of
the Board of Directors. Additional appointees who are not members
of the Board of Directors may number up to twenty five (25). If
members are appointed thereto, the Advisory Committee shall meet
not less than once a year and advise the Board of Directors on
matters pertaining to the Corporation and assist with
cOffil'flunication and fund raising efforts and communicate needs in
the Shorewood park system to individuals and groups who can help
advance the purposes of the Corporation.
.
Section 6.03. Quorum. A majority of a committee shall constitute
a quorum and the act of a majority of the members present at a
meeting at which a quorum is present shall be the act of the
committee.
ARTICLE VII.
Fiscal Aaents
.
Section 7.01. The Corporation may designate such fiscal agents,
investment advisors, and custodians as the Board of Directors
from time to time deems appropriate. The Board of Directors may
at any time, with or without cause, discontinue the use of the
services of any such fiscal agent, investment advisor, or
custodian and shall discontinue the use of the services of any
such fiscal agent, investment advisor, or custodian for breach of
fiduciary duty under Minnesota law or for failure to produce a
reasonable (as determined by the Board of Directors) return of
net income (within the meaning of 10.10 hereof) over a reasonable
period of time (as determined from time to time by the Board of
Directors) .
ARTICLE VIII.
Fiduciarv ResDonsibility
Section 8.01. The Board of Directors shall
fiduciary responsibility with respect to
administered by the Corporation.
assume and discharge
all assets held or
ARTICLE IX.
.
Basic Funds and Accounts
Section 9.01. Fund Desiqnations: The Board of Directors will
establish four basic funds, each having distinct identity for
fund raising, accounting, and investment purposes:
A. Undesiqnated Fund - No Restrictions on Principal and
Interest: Contributions in this fund may be used for any
purpose thought suitable, consistent with the purpose of the
Corporation, by the Board of Directors. Distributions may
include both principal and any accumulated interest.
B. Desiqnated Fund Havinq Special Rotatinq Accounts - No
Restrictions on Principal and Interest: The Board of
Directors may establish special accounts within the
Designated Fund. The contributor may select anyone of the
identified special accounts into which his, her or its
donation will be placed. Both principal and accumulated
interest will be used by the Board of Directors to carry out
the purposes of the special account.
C. Desiqnated Fund Havinq Permanent Accounts - Restrictions
on Principal But Not on Interest: The Board of Directors may
establish broad, permanent accounts within the Designated
Fund for permanent accounts. A contributor may select any
one of the identified permanent accounts into which his, her .
or its donation will placed. The principal is invested. Only
the interest is used to carry out the purposes of the
permanent account.
D. Individualized Fund: The Board of Directors may enter
into a special written agreement with a contributor wherein
restrictions regarding an asset and use thereof are
identified and agreed to by Board action. The size of the
donation must be large enough to justify establishing a
distinct account within the Individualized Fund. Moreover,
the purposes for which the Corporation was established must
be considered along with costs associated with fund
administration.
Section 9.02. Chart of Accounts. The Board of Directors will
consult and coordinate with City of Shorewood officials regarding
special proj ects and needs which might be well served by the
Corporation and what accounts within the four basic funds will
best serve these ends. The object is to accent maximum
cooperative effort between the City of Shorewood and the
Corporation and minimize confusion, conflict, and/or costs
associated with fund use, accounting, and transfers.
.
Section 9.03. Security of Contributions.
shall be concerned with both the return
contributions. The latter of the two
considered the most important.
The Board of Directors
and the security of
objectives will be
.
.
Section 9.04. Liquiditv of Contributions. Negotiable instruments
such as stocks and bonds and unrestricted gifts of property will
be converted into cash within a reasonable length of time and be
mahaged as cash assets. It is the intent that the Corporation
will hold a diversified portfolio for purposes of appreciation,
but not for speculation. A deviation from this provision may
occur when the contributor makes -- and the Board of Directors
accepts -- a gift with restrictions regarding investment options.
Section 9.05. Refusal
Directors may refuse to
reason. Nothing in these
gift or contribution must
to Accept Contribution. The Board of
accept a contribution for whatever
Bylaws shall be interpreted to mean a
be accepted.
ARTICLE X.
Distribution of PrinciDal and Income and Related Matters
Section 10.01. Distributions. The Corporation shall make
distributions on an annual basis, or less or more often as
determined by the Board of Directors for one or more of the
purposes for which the Corporation is organized, including
administrative expenses and amounts paid to acquire an asset used
(or held for use) directly in carrying out one or more of such
purposes, in an aggregate amount of less than its "adjusted net
income" as defined in Section 4942(f) of the Code.
Section 10.02. Use of Owned Assets. The principal of any fund,
title to which is vested in the Corporation, may be distributed
or used in such amounts and at such times as the Corporation,
acting through its Board of Directors, may deem advisable;
provided, however, that if the principal of any such fund is
subject to any restriction, condition, limitation, or trust that
is inconsistent with the foregoing distribution or use,
nonetheless such fund shall be so distributed or used if, (1) in
the sole judgment of the Board of Directors, such restriction,
condition, limitation, or trust becomes unnecessary, incapable of
fulfillment, or inconsistent with the charitable needs of the
Shorewood City Council, and (2) the Board of Directors either
modifies or eliminates such restriction, condition, limitation,
or trust or institutes proceedings in a court of competent
jurisdiction to effect such modification or elimination.
Section 10.03. Use of Other Assets. With the approval of not
less than two-thirds of the Board of Directors given at any
annual or special meeting thereof, all or any part of the
principal of any trust fund, title to which is not vested in the
Corporation but disposition of which is discretionary with the
Corporation, may be distributed or used for any park or
recreational purposes for which the Corporation is organized and
which has received the approval of a majority of the members of
the Board of Directors, provided that such distribution or use is
not contrary to any restriction, condition, limitation, or trust
imposed with respect to such trust fund, and provided, further,
that not to exceed twenty percent of the entire amount of the
principal of such fund shall be disbursed in anyone year, and
provided, further, that certified copies of the resolutions of
the Board of Directors authorizing such distribution shall be
filed with the director of such fund at least ninety days prior .
to the withdrawal of the first installment of principal from the
hands of such director.
Section 10.04. No Self-Dealina. Neither the Corporation, its
directors, officers, or employees, shall engage in any act which
would constitute "self-dealing": as defined in Section 4941(d) of
the Code, if the corporation were a "private foundation" as
defined in Section 509(a) of the Code.
Section 10.05. Net Income. All funds of the Corporation shall, on
an aggregate basis, be invested to produce for each fiscal year
an annual "adjusted net income" (as defined in Section 4942(f) of
the Code), of not less than two-thirds of what would be the
Corporation's "minimum investment return" (as defined in Section
4942(e) of the Code), if the Corporation were a "private
foundation" .
.
Section 10.06. Excess Business Holdinas. The Corporation shall
dispose of any holdings which would constitute "excess business
holdings" as defined in Section 4943 (c) of the Code, and as
applied on a component-by-component basis as if each component
were a "private foundation", except that components will be
combined for this purpose if such components would have been
described in Section 4946(a) (1) (H) of the Code.
Section 10.07. No Jeopardv Investments. No funds, whether title
thereto is vested in the Corporation or is vested in a director
of a trust for the benefit of the Corporation, shall be invested
or reinvested in such a manner as to jeopardize the carrying out
of any charitable or recreational purpose for which the
Corporation is organized.
Section 10.08. Expenditure Responsibilitv. Th~ Corporation,
through its Board of Directors, will exercise "expenditure
responsibility", as defined in Section 4945(h) (1) and (2) of the
Code, with respect to all grants and contributions made by the
Corporation which would otherwise constitute a "taxable
expenditure" as defined in Section 4945 (d) (4) of the Code, if
the corporation were a "private foundation".
4It
Section 10.09. Unrestricted Income. At least one-half of the
total income derived by the Corporation from the investment of
gifts and bequests received by the Corporation shall be
unrestricted. For this purpose, any income which has been
designated by the donor of the gift or bequest to which such
income is attributable as being available only for the use or
benefit of a broad park or recreational purpose for which the
Corporation is organized, will be treated as unrestricted;
however, any income which has been designated for the use or
benefi t of a particular class of recreational acti vi ties, the
members and attributes of which are readily ascertainable, will
be treated as restricted.
4It
ARTICLE XI.
Books of Record, Audit, Fiscal Year, Bond, and Support Services
Section 11.01. Books and Records. The Board of Directors of the
Corporation shall cause to be kept:
(1) records of all proceedings of members, directors, and
committees; and
(2 )
such other records and books of account as
necessary and appropriate to the conduct
corporate business.
shall be
of the
Section 11.02. Documents Kept at ReGistered Office. The Board of
Directors shall cause to be kept at the registered office of the
Corporation originals or copies of:
(1) records of all proceedings of members, directors, and
committees;
(2) all financial statements of the Corporation; and
(3) Articles of Incorporation and Bylaws of the Corporation
and all amendments thereto and restatements thereof.
Section 11.03. Audit and Publication. The Board of Directors
shall cause the records and books of account of the Corporation
to be audited at least once in each fiscal year and at such other
times as it may deem necessary or appropriate, and also shall
make such inquiry as the Board of Directors deems necessary or
advisable into the condition of all trusts and funds held by any
director, agent, or custodian for the benefit of the Corporation,
and shall retain such person or firm for such purposes as it may
deem appropriate. Not later than six months after the close of
each fiscal year of the Corporation, the Board of Directors of
the Corporation shall furnish to the Shorewood City Council, and
otherwise make generally available to all residents served by the
Corporation, copies of the Corporation's financial statements for
its immediate preceding fiscal year and may, if determined
necessary or appropriate by the Board of Directors, cause such
financial statements to be published in such one or more
newspapers having general circulation and distribution within the
Ci ty of Shorewood as may from time to time be selected by the
Board of Directors.
Section 11.04. Fiscal Year. The fiscal year of the Corporation
shall end on December 31 of each year.
Section 11.05. Bond. A bond shall be required of all directors,
officers and employees of the Corporation who deposit or
withdraw, or otherwise handle, the funds of the Corporation. The
bond shall be in such amount, on such terms and conditions, and
with such company or companies, as the Board of Directors shall
determine.
.
.
.
.
Section 11.06. Support Services. When the Corporation needs
support services, e. g. , fiscal, secretarial, development, the
City Administrator's office of the City of Shorewood may provide
the services to the Corporation. If it does so, it shall receive
full paYment for costs thereof. In the event the Shorewood City
Council cannot, or chooses not to, provide said services, the
Board of Directors may obtain said services by other means.
ART:ICLE X:I:I.
waiver of Notice
Section 12.01. Notice Waiver. Whenever any notice whatsoever is
required to be given by these Bylaws or any of the corporate laws
of the State of Minnesota, such notice may be waived in writing,
signed by the person or persons entitled to said notice, whether
before, at, or after the time stated therein, or before, at, or
before the meeting.
ART:ICLE X:I:I:I.
Authorization Without a Meetina
Section 13.01. Authorization Without a Meetinq. Any action that
may be taken at a meeting of the Board of Directors may be taken
without a meeting when authorized in writing and signed by all
the directors.
ART:ICLE X:IV.
:Indemnification
Section 14.01. Indemnification. The Corporation shall indemnify
such persons, for such expenses and liabilities, in such manner,
under such circumstances, and to such extent as permitted by any
applicable law.
ART:ICLE XV.
Amendments
Section 15.01. Amendments. The Board of Directors may amend the
Corporation's Articles of Incorporation, as heretofore or
hereafter from time to time amended or restated, to include or
omit any provision which could be lawfully included or omitted at
the time such amendment is made. Any number of amendments, or an
entire revision or restatement of the Articles of Incorporation
or Bylaws, either may be submitted and voted upon at a single
meeting of the Board of Directors and be adopted at such meeting,
a quorum being present, upon receiving the affirmative vote of
not less than two-thirds of the whole number of directors of the
Corporation or may be adopted by a written submittal signed by .
all the directors of the Corporation; provided, however, that no
amendment of Section 2.01,2.02, 2.03, 2.04, 3.01,4.04, 4.06,
4.10, 4.11, 5.02, 5.04 or 5.05 of these Bylaws, shall be made
without the approval, by resolution, of the Shorewood City
Council.
ART:ICLE XV:I.
Dissolution
Section 16.01. Dissolution. The Corporation may be dissolved by
the Board of Directors if a resolution proposing dissolution of
the CorDoration is ado9ted in one year. if another resolution to
implement the Droposed dissolution is approved not less than
twelve months nor more than fifteen months later. if said
resolutions are approved by the Shorewood City Council. and if
all conditions stated under Minnesota Statutes Section 317A.701.
et seo., as hereafter amended. are met. Alternatively. the
Shorewood City Council may dissolve the Corporation by its
resolution.
Corporut:ion is o.dopted in one yeiJ.r, if iJ.notfiei': resolution to
implcment the proposed dissolution is iJ.pprovcd not lcos than
to.lel Ire months nor more tha.n fifteen months .1iJ.ter, if siJ.id
resolutions iJ.re iJ.pproved V.l the Shore.lOod City Council, iJ.nd--H-
all conditions sto.tedunder HinncsotiJ. Cta.tutes Ccction 317A.701,
et 3eq., iJ.3 hereo.ftcr iJ.fficnded, a.rc met. AlterniJ.tively, the
.
J
~
~
Chore"ilJQod Ci ty Council ma.y dissob7c
resolution.
its I
the eorporiJ.tion ~.
Section 16.02. Disposal of Assets. Any of the Corporation's
assets remaining at the time of its dissolution shall be
transferred to a receiver as directed by the District Court under
Minnesota Statutes. In advance of such action and on a timely
basis the Board of Directors shall petition the court to transfer
the assets to, and let them be assumed by, the Shorewood City
Council as though the assets have been donated to the City in the
first place.
KNOW ALL PERSONS BY THESE PRESENTS, that the undersigned
Secretary of the Corporation does hereby certify that the
foregoing Bylaws were duly adopted as the Bylaws of the
Corporation effective as of the ~ day of
April , ~2001.
J-ames C. Hurm, Acting Sec~etary
t
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (952) 474-3236
FAX (952) 474-0128. www.cLshorewood.mn.us. cityhall@cLshorewood.mn.us
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Craig W. Dawson, City Administrator ^ i'\
March 15, 2001 ll}..)
Designation of Representative to Mound Fire Commission
.
The City of Mound is proposing the formation ofa "Fire Commission," an advisory group that would
include each of the cities for which it provides fire services under contract. Shorewood's Enchanted,
Shady, and Spray islands are in the Mound Fire Department service area. Shorewood is responsible
for approximately two percent of the revenue for the Mound Fire Department; in 2000, this amount
was approximately $8,000.
The overarching goal of the Mound Fire Commission is improved communications between the
Department and all of the cities it serves. Ultimately, this forum should lead to better, more efficient,
and more effective fire services. (See attachment.)
The City of Mound is contemplating a significant capital plan for its fire department over the next
five years. (See attachment.) It includes several major pieces of fire equipment, and a major
renovation or replacement of the fire station. The City of Mound believes that the contract cities'
involvement on the Mound Fire Commission will result in better planning in this regard.
.
The City of Shorewood would have one designated representative to the Fire Commission, which
would meet quarterly. The City of Mound has requested that Shorewood designate its representative.
Suggested Council Action:
Given my several years of broad involvement in Fire Department matters, I would suggest that the
City Council designate me to be Shorewood's representative on the Mound Fire Commission.
;#1~
ft
~., PRINTEO ON RECYCLED PAPER
.
MOUND FIRE DEPARTMENT
FIRE COMMISSION PROPOSAL
Concept: Form a MFD Fire Commission that includes representation from all
cities served by the Mound Fire Department.
Goals
. Improved communication to customers
. Gain input and involvement from representatives
. Create better financial awareness
. Shared resource planning
. Efficient use of everyone's time
. Achieve consistency in policies
.
Plan Overview
. Form a commission with representation from all cities
(2) Mound (Fire Chief, Designated)
(5) Other Cities (Orono, Minnetrista, Spring Park,
Minnetonka Beach, Shorewood as
Designated)
(7) Total
. Schedule 4 meetings per calendar year (Jan., April, July and Oct.)
(2) Management or Planning Meeting
(2) Informational, Budgetary and Major Purchases
.
. President would be Fire Chief
. Secretary or Scribe would be MFD Administrative Assistant, to publish
minutes
To Make It Successful
. Need support of plan
. Feedback on meeting frequency and schedule
. Designated representation from cities
. Attendance at meetings
. Representative communications back to city officials
~
....
Date:
To:
From:
Subject:
13 March 2001 (Revised)
Kandis Hanson
Greg Pederson
Fire Department Purchases - 5 year plan
The following is a list of major purchases, estimated cost, and the year of
purchases, for Mound Fire Department. This list only includes items with a cost of
more than $25,000 with the exception of year 2001.
Year Description of Item Cost (Estimate)
2001 Transportable Ught Tower $14,000
2001 HV AC Furnace Upgrades $12,000
. 2001 Fire - Rescue Boat $12.000
2001 Total $38,000
2002 Fire Station Upgrades $40,000
(To Meet Code)
2002 800 MHZ Radio Project $30,000
2002 Fire Engine Pumper - New ~260.000
2002 Total $330,000
2003 Cascade Air System $20,000
2003 800 MHZ Radio Project $30,000
2003 Fire Station Parking Lot $20.000
. 2003 Total $70,000
2004 New Fire Station (orAddition) $1,400,000
2004 Ught Duty Rescue Truck - New ~ 85.000
2004 Total $1,485,000
2005
2005
Fire Engine Ladder Truck - New $480,000
New Technology -Inferred .$ 15.000
Camera
2005 Total
$495,000
Please call if you have any questions.
Respectfully,
Gregory S. Pederson
Mound Fire Chief