100900 CC Reg AgP
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, OCTOBER 9, 2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
1. CONVENE CITY COUNCIL MEETING
A. Roll Call
B. Review Agenda
Mayor Love_
Stover
Garfunkel
Lizee
Zerby _
2.
APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes of September 25, 2000 (Att.-#2A 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 removedfrom the
Consent Agenda. Comments can be taken or questions asked following removal from
Consent Agenda.
A. A Motion to Adopt a Resolution Approving Chapter 257 Establishing a Ward System,
Special Laws Enacted in the 1999-2000 Legislative Session, and Authorizing the
Certificate of Approval (Att.-#3A Resolution, Certificate of Approval)
B. A Motion to Adopt a Resolution Approving a Tree Trimmer's License for Trees by
Bjorn (Att.-#3B Application, Proposed Resolution)
C. A Motion to Adopt a Resolution Approving a Temporary Gambling License - Sons of
the American Legion Post 259, 24450 Smithtown Road (Att.#3C Proposed Resolution)
D. A Motion to Approve a Sign Permit for B&J Automotive (Att.-#3D Planner's
Memorandum)
E. A Motion Authorizing Final Approval of Resolution No. 00-096, Declaring Public
Purpose and to begin Right of Way Condemnation Proceedings (Att-#3E Resolution)
F. A Motion to Adopt a Resolution Approving a Conditional Use Permit for the
Construction of Dugout Facilities at Freeman Park (Att.-#3F Draft Resolution)
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CITY COUNCIL AGENDA - October 9, 2000
Page 2 of2
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4. MATIERS FROM THE FLOOR (No Council action will be taken.)
5. PARKS
6. PLANNING - Report by Representative
A. A Motion to Approve a Final Plat for Manitou Woods (Att.-#6A Draft Resolution)
7. GENERAL
A. 7:15 p.m. Public Hearing - Consideration of a Motion to Adopt a Resolution
Authorizing a Tax Rate Increase for the 2000 Tax Levy, Collectable 2001 (Att.-#7A
Finance Director's Memorandum, Proposed Resolution)
B. Quarterly Report by Lake Minnetonka Conservation District (LMCD) Representative
Tom Skramstad (Att.#7B Report)
C. Presentation by Sally Koenecke, Director, Lake Minnetonka Communications
Commission, on Proposed 2001 Budget and Motion Regarding Budget Proposal (Att.-
#7C Proposed Budget)
D. Discussion on Liquor Operations - Don Swanby
8. ENGINEERINGIPUBLIC WORKS
A. Discussion on Trail Maintenance for 2000-2001.
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
2. Skate Park
3. Eddy Station
B. Mayor & City Council
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS (Att.-#lO)
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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
Executive Summary
Shorewood City Council Regular Meeting
Monday, 9 October 2000
Agenda Item #3A: In order for Chapter 257, the establishment of Wards in the City of
Shorewood, to become law, a Resolution approving the Chapter and a Certificate of
Approval must be filed with the Secretary of State's office. The motion requires adoption
of a Resolution Approving Chapter 257 and Authorizing the Certificate of Approval.
Agenda Item #3B: Bjorn Bjornson, Trees by Bjorn, is applying for a Tree Trimmers License.
The license is for the year 2000, expiring on December 31, 2000. The applicant has
submitted evidence of workers compensation and liability insurance. The motion requires
adoption of a resolution approving the license. Approval requires a simple majority vote.
AgendaItem #3C: This resolution approves a temporary gambling permit for Sons of the
American Legion Post 259 for Friday, December 8, 2000 at the American Legion Post 259,
24450 Smithtown Road.
Agenda Item #3D: B&J Automotive has requested a sign permitto replace their existing sign
on the pylon in front of the Amoco Fuel Station on Smithtown Road. ,Although the new sign
is the same size as the old one, the new one will be internally lit. The sign is consistent with
the conditional use permit for the Amoco property and the Planning Director has
recommended approval subject to the Amoco manager removing any nonconforming signs
from on top of the gas pumps. Approval requires a simple majority vote.
Agenda Item #3E: This resolution commences the eminent domain proceedings for the
Shorewood Shopping Center and Driskolls property for the Trunk Highway 7 and 41
Intersection Project. This resolution is in final form and is ready for final acceptance. Staff
is recommending approval of the resolution.
Agenda Item #3F: This resolution was directed by the Council from its last meeting. It
approves a conditional use permit for South Tonka Baseball to construct dugout facilities at
Freeman Park. It also denies the setback variance requested by South Tonka. Approval of
the resolution requires a four-fifths vote by the Council.
n
~J PRINTED ON RECYCLED PAPER
I
Executive Summary - City Council meeting of October 9, 2000
Page 2 of2
Agenda Item #6A: Since required improvements for the Manitou Woods twinhome project on
County Road 19 are relatively minimal, a development agreement is not considered
necessary. The improvements can be handled as part of the building permit. Approval of
the resolution requires a simple majority vote by the Council.
Agenda Item #7 A: The state requires that this resolution be passed and forwarded to the
Hennepin County Auditor by October 20. Please review the memorandum and resolution
enclosed in the packet.
Agenda Item #7B: ,Tom Skramstad will'give his quarterly report on Lake Minnetonka
Conservation District (LMCD) issues. The first item in his report pertains toa request for
Shorewood to support Additional Water Patrol Deputies. Please be prepared to discuss
and give input on the agenda items in his report.
Agenda Item #7C: Sally Koenecke, Director of the Lake Minnetonka Communications
Commission (LMCC), will give a report on the Proposed 2001 Budget and will request .
Council make a motion approving the LMCC 2001 Bndget. . .
Agenda Item #7D: Don Swanby will address the Council, seeking direction for the Tonka
Bay portion of our current liquor operation.
Agenda Item #8A: The City Council requested that winter maintenance of the LRT be
brought back on this agenda for discussion.
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 25,2000
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
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1.
CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Stover, and Zerby; Attorney Keane;
Engineer Brown; and Planning Director Nielsen
Absent:
Finance Director Burton
B.
Review Agenda
Mayor Love reviewed the Agenda. Councilmember Garfunkel asked that Item 3A be removed to Item
5A on the Agenda.
Garfunkel moved, Lizee seconded, approving the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, September 11, 2000
Lizee moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for
September 11, 2000, as amended on Page 5, Item 9A2, Sentence 5, change "Leopald's" to
"Leipold's". Motion passed 5/0.
B.
City Council Executive Session Meeting Minutes, September 11, 2000
Stover moved, Garfunkel seconded, approving the City Council Executive Session Meeting
Minutes for September 11, 2000, as presented. 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 Authorizing Submittal of a 2000-2001 Winter Trail Activities Permit
(This item was removed from the Consent Agenda and moved to Item SA.)
B. A Motion Granting a One-Year Extension of Time for a Variance Request,
Extending to October 11, 2001.
Applicant: Scott M. Olson
Location: 6125 Ridge Road
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REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 25, 2000
Page 20f7
C. A Motion Approving an Agreement for Auditing Services
D. A Motion to Approve the Proposed 2001 Animal Control Contract with the City of
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
5. PARKS
Commissioner Arnst reported there had not been a meeting of the Parks Commission since the last
Council meeting, thus, there was nothing to report at this time.
A.
A Motion Authorizing Submittal of a 2000-2001 Winter Trail Activities Permit
.
Director Nielsen reviewed the need for the Activities Permit, noting there would be no snowmobiles
allowed on the trail, but hiking, biking, snow shoeing, cross country skiing, pet walking and horseback
riding would continue to be allowed on the trail this winter.
Councilmember Garfunkel wondered what the noted impact had been from the changes made last year
regarding horseback riding and snowmobile use on the trail.
Engineer Brown responded there had been no complaints related to horse droppings, although the trail
had not been heavily used for horseback riding. The only noted difference regarding snowmobile use
was that there had been additional traffic in other areas as people chose other routes to get to their
desired destination. There had been four to five requests for bales of hay for residents which he stated to
be unusual in any year.
Councilmember Garfunkel stated he would like to continue to monitor the trail use as he wanted there to .
be an understanding of what had been done in the past and the possible repercussions as a result of those
decisions.
Stover moved, Lizee seconded, Authorizing Submittal of a 2000-2001 Winter Trail Activities
Permit. Motion passed 5/0.
6. PLANNING
Mayor Love thanked Commissioner Woodruff and the Planning Commission for a productive Study
Session at the last Planning Commission meeting.
A. A Motion Directing Staff to Prepare Findings of Fact for a Conditional Use Permit
and Setback Variance for Baseball Dugouts at Freeman Park
Applicant: South Tonka Baseball
Location: Freeman Park (Fields 1 & 2)
REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 25, 2000
Page 3 of7
Director Nielsen explained the request to include three dugouts which required Conditional Use Permits,
and the fourth required a Variance. He noted the dugouts were proposed as "lean-to" type shelters on
posts with removable siding to protect the players from the elements. He noted Brian Tische and Gordon
Lindstrom from South Tonka Baseball were in attendance this evening should Council have questions.
. Commissioner Woodruff explained the. vote.of..thePlanning.COmmission..as itrelated..to...thismatter;.
noting the Commission found that no hardship situation existed in the variance request.
Brian Tische, 6240 Cypress Drive, Excelsior, explained, as President of South Tonka Baseball, the need
for dugouts in the Park. He noted the dugouts are consistent with the use of the game providing shelter
and safety to players from the game and weather.
Jan Caugen, 26050 Shorewood Oaks Drive, stated her property is directly in back of the baseball fields
and she is against this request. She stated she had problems with the people attending the games-in
particular the litter that is left after the game, as well as the heavy foot traffic along the fenceline.
.
John F. Healey, 26040 Shorewood Oaks Drive, stated he would like to commend the South Tonka
Baseball group for their efforts in trying to improve this area of the park, however, he also noted he had
been cursed at by the people attending the baseball games as well as being shown a significant amount of
disrepect for his property. He noted a three foot wide swath had been cut through the trees on his
property. Further, he believed the ballplayers to be showing blatant disrespect for personal property by
leaving litter, traversing his property without permission, and creating more trash in that area of the park.
He also was concerned for gender bias in this case, as no money was forthcoming for girls' sports.
Paula Dolan, 6000 Charleston Circle, commended the South Tonka Baseball group for all the hard work
and effort put into trying to upgrade the fields. She noted it was an effort to try to keep kids attracted to
the sport and the park looked a lot nicer as a result. She noted she made an effort to pick up trash after
games and is in support of the dugouts.
Molly Seiferts, 26030 Shorewood Oaks Drive, stated she is not bothered by the dugouts, but was
concerned for accommodations and monies related to girls soccer.
.
Brian Tische again addressed the group to explain that South Tonka Baseball is a volunteer organization
with monies for this project being raised with this purpose through the community. He noted the
intention was to make improvements to the baseball fields done for betterment of the sport. He noted
many of these problems discussed existed prior in the area and the baseball teams and associations try to
be good neighbors to the people living around the park. However, he explained, it can be difficult in
working with a program of five hundred boys and girls. He noted it will take the efforts of the City, other
volunteers, and the neighborhood working together to make the Freeman Park area successful.
Councilmember Stover then read the qualifications required to prove a hardship situation existed in a
variance. She explained that all three conditions needed to be met and if anyone did not fit, then the
variance would have to be denied.
Councilmember Zerby said the problems stated this evening seemed to be related to seasonal use and he
wondered if another sort of shelter, more like a tent structure, would help to ease the problems discussed
in some way.
Mayor Love stated although he had the highest regard for South Tonka Baseball for its contributions to
the park, variances are a severe test put forth by the City Code, and he would be reluctant to grant the
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REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 25, 2000
Page 4 of7
variance in this case, as it would seem as though the City is granting a variance for itself since Freeman
Park is a City park.
Garfunkel moved, Stover seconded, Directing Staff to Prepare Findings of Fact for a Conditional
... Use Permit for Baseball Dugouts labeledB,C,andDonthe Site Plan for Freeman Park~
Councilmember Zerby questioned the need for more trash receptacles in this area. Engineer Brown
explained there are forty-seven trash receptacles in the park currently which require a fair amount of
work for disposal. Councilmember Zerby then surmised the problem seemed to be getting the trash to the
receptacle.
Motion passed 5/0.
B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for a Special Home
Occupation
Ms. Cynthia Marr, 6015 Chaska Road, was in attendance, and addressed Council noting that she had .
been in business at this address for nineteen years with success and is quite strict in her hours.
Commissioner Woodruff also explained the Planning Commission had requested hours of service at this
address to be 7:00 A.M. to 9:00 P.M. Ms. Marr stated she does not have any dogs on her premises after
4:00 P.M. as a general rule.
Stover moved, Lizee seconded, Adopting RESOLUTION NO. 00-092, "A Resolution Approving a
Conditional Use Permit for a Special Home Occupation for Cynthia Marr, 6015 Chaska Road."
Motion passed 5/0.
C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Fill in
Excess of 100 Cubic Yards
Director Nielsen provided background on the site and proposed grading plan. Commissioner Woodruff
noted that the neighbor to the south of this property is very much in favor of this plan as it would help
drainage in the area. She also noted there had been a concern over the amount of traffic on the road as
this was considered an "opportunistic fill", meaning it would be delivered.as it became available, and the .
amount would be substantial.
Mayor Love asked if the erosion and runoff to the lake was being controlled by a double silt fence.
Engineer Brown responded affirmatively. Mayor Love stated he would like to see this site monitored
with aggressive yet reasonable measures in fencing to control the erosion.
Engineer Brown also commented the issue of "opportunistic fill" may be bothersome in this case, but the
site had to restored by June, 2001. He also noted that since this is an extended period of time there were
also Best Management Practices of the Minnehaha Creek Watershed District mandating temporary cover
to be utilized.
Garfunkel moved, Stover seconded, Adopting RESOLUTION NO. 00-093, "A Resolution
Approving a Conditional Use Permit for Fill in Excess of 100 Cubic Yards for David Sauer, 5965
Galpin Lake Road." Motion passed 5/0.
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REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 25, 2000
Page 5 of7
7. GENERAL
A. Consideration of a Scope 0 Services for an Environmental Consultant
8. ENGINEERINGIPUBLIC WOR
Lizee moved, Zerby seconded, Approvin the Hiring of an Environmental Consultant. Motion
passed 5/0.
A. A Motion to Adopt a Resol tion Approving the Capital Improvement Program for
the Years 2000-2005
Stover moved, Zerby seconded, Adopting RESOLUTION NO. 00-094, "A Resolution Approving
the Capital Improvement Program for the ears 2000-2005."
B. A Motion to Adopt a Res lution Accepting Noble Road and Senior Community
Center Drainage
Engineer Brown took this opportunity to ompliment and thank Mr. Phil Tipka, the City's Field
Representive. He noted Mr. Tipka had provi ed an excellent example of good work on this project in
many ways.
Lizee moved, Stover seconded, Adopting SOLUTION NO. 00-095, "A Resolution Accepting
Noble Road and Senior Community Ce ter Drainage Improvement, and Authorizing Final
Payment." Motion passed 5/0.
C. A Motion to Adopt a Resol tion Declaring Public Purpose and To Begin Right of
Way Condemnation Procee ings
Engineer Brown provided background relate to this matter, noting the acquisitions have to do with
realignment of the intersection.
Stover moved, Lizee seconded, Adopting SOLUTION NO. 00-096, "A Resolution Declaring
Public Purpose and To Begin Right of Way Condemnation Proceedings."
Councilmember Zerby questioned whether a econd drive was being considered for the west end of this
intersection. Engineer Brown responded affi atively.
Motion passed 5/0.
REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 25, 2000
Page 60f7
D. A Motion Authorizing the Mayor and Acting City Administrator to Enter into a
Lease Agreement with E. H. Renner and Sons for the Furnishing and Installation of
a Municipal Well Pump.
Engineer Brown provided history on this matter noting it would be cost effective for the City to allow
this area of the City to connect with the City of Excelsior's water system.
Mayor Love thanked Engineer Brown for his work on this matter, noting it would make sense
economically as well as being a great example of sharing services and infrastructure with another
community.
Councilmember Stover commented this well seemed to be problematic almost from the beginning of its
use and it would be financially irresponsible to continue to work with it in the same manner.
Council member Lizee agreed as well.
Zerby moved, Stover seconded, Authorizing the Mayor and Acting City Administrator to Enter
into a Lease Agreement with E. H. Renner and Sons for the Furnishing and Installation of a .
Municipal Well Pump. Motion passed 5/0.
9. REPORTS
A. Administrator & Staff Reports
1. Gideon Glen
Director Nielsen noted representatives will be meeting soon with the property owner to begin
negotiations of acquisition.
2. Skate Park
Building plans are moving forward, Engineer Brown reported, and he liked what had been done thus far
on the project. The concrete block will be delivered in the next few days.
4. Administrative Search
There are approximately eighteen applicants for this position with interviews to be taking place on
November 17 and 18,2000.
5. Joint Meeting with Tonka Bay City Council
There will be a joint meeting between the City Councils of Tonka Bay and Shorewood on October 3,
2000, at 6:00 P.M. to discuss the County Road 19 Intersection.
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REGULAR CITY COUNCIL MEETING MINUTES
SEPTEMBER 25, 2000
Page 7 of7
B. Mayor & City Council Reports
Councilmember Zerby stated he is the liaison for the Lake Minnetonka Cable Commission and upgrades
for digital cable are available within the City.
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of September 25,
2000, subject to the approval of claims at 8:50 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor
Bradley J. Nielsen, Acting City Administrator
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CITY OF SHOREWOOD
RESOLUTION NO._
RESOLUTION RELATING TO APPROVAL OF SPECIAL LAWS
WHEREAS, the City of Shorewood is a statutory City of fourth class organized under
the laws of the State of Milmesota; and
WHEREAS, the City of Shorewood petitioned the Minnesota Legislature requesting
special legislation to permit the creation of a ward system of governance within the City; and
WHEREAS, the 2000 session of the Minnesota Legislature did adopt Chapter 257,
authorizing the creation by ordinance of wards within the City of Shorewo'od; and
WHEREAS, Chapter 257, Session Laws does conform to the requests of the Legislature
by the City of Shorewood.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood does hereby approve Chapter 257 of 2000 Session Laws and further adopts the
Certificate of Approval to be filed with the Secretary of State pursuant to Minnesota Statutes
Section 645.02 and 645.021.
ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 9th day of
October, 2000.
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. NEILSEN, ACTING CITY ADMINISTRATOR/CLERK
~31\
CERTIFICATE OF APPROVAL OF SPECIAL LAW
BY GOVERNING BODY
(Pursuant to Minnesota Statutes, 645.02 and 645.021)
STATE OF MINNESOTA
County of Hennepin
TO THE SECRETARY OF STATE OF MINNESOTA:
PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the
City of Shorewood
DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 2000 , Chapter 257
. (year) (number)
requiring approval by a majority*vote of the governing body of said local governmental unit before it
becomes effective, the
City Council of the City of Shorewood
. (designate governing body)
at a meeting duly held on the 9thdayof October 2000, by resolution 00-
did approve said Laws, 2000, Chapter 257
Wea~ (nurnbe~
(if other than resolution, specify)
by a s:i.nplemajority vote* of all of the members thereof (Ayes
; Noes
Absent or not voting ~ and the following additional steps, if any, required by statute or charter were
taken:
A copy of the resolution is hereto annexed and made a part of this certificate by reference.
Signed:
SEAL
(Official designation of officer)
(This form prescribed by the Attorney General and furnished by the Secretary of State as required in
Minnesota Statutes 645.021.)
*If extraordinary majority is required by the special law, insert fraction or percentage here.
. Please see reverse side for instructions for completing this form.
certauth.p65 Rev. 7/98
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING A LICENSE FOR A TREE TRIMMER
WHEREAS, the Shorewood City Code Section 305 provides for the annual
licensing of tree trimmers in the City; and
WHEREAS, said Section provides that an applicant submit a letter of intent and
fulfill certain requirements concerning insurance coverage and pay licensing fee; and
WHEREAS, the following applicants have satisfactorily completed this process
and have submitted the requirements for the issuance of a License for Tree Trimmers
NOW, THEREFORE BE IT RESOLVED by the City Council of Shorewood
as follows:
That a License for Tree Trimming be issued for a term from October 9, 2000 to
December 31,2000, to the following applicants:
Permit #
Firm Name
Address
00-034
Trees by Bjorn
8820 Ogren Ave. N .E.
Elk River, MN 55330
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
11 18
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License Year: dctOC
Application Fee: $ 30. 00
~A. ~ ~ 3>~5~>
CITY OF SHOREWOOD
APPLICATION FOR TREE TRIMMERS LICENSE
(pursuant to City Code Section 305)
Date:.j'- ~ {;- <' D
Company Name: 7Y.f~ 5 h~
Business Contact: ~o V-y<J
15JbyrJ
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Business <::?<..-'l
Address: (/ U (?-C
(street)
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(city)
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(zip)
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Phone: 71.~- ~ 4( (J4S~
(business)
Insurance:
1. Worker's Compensation: Appropriate worker's compensation insurance in accordance
with the worker's compensation laws of the State of Minnesota.
2. Liability Insurance: Insurance against claims for death, bodily Injury and property
damage liability in the amounts of at least five hundred thousand dollars ($500,000.00)
for injury to or death of anyone person, five hundred thousand dollars ($500.000.00) for
injury to or death of more than one person in anyone accident, and one hundred thousand
dollars ($100,000.00) for damage to property.
.
License Apl.>lication Fee:
Application Fee $30.00.
I (we) hereby agree to operate the tree trimmers business in accordance with the laws of the State
of Minnesota and the Ordinances of the City of Shorewood. The foregoing statements are true
and correct to the best of my knowledge and belief.
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Signature: p> ~~ e
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OvJ;.v€ r
CERTIFICATION OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or
renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant
present acceptable evidence of compliance with the workers' compensation insurance coverage requirement of
MSS Chapter 176. The information required is: the name of the insurance company, the policy number, and
dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and
retained in their files.
This information is required by law, and licenses and permits to operate a business may not be issued or
renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or
falsely stated, it may result in a $1,000 penalty assessed against the applicant by the Commissioner of the
Department of Labor and Industry.
.Insurance Company Name: Cc,.J.f,- rtJ~ -J -4 ( <..J E S kv ,J :J-'AJ s. <::..- 0 ~
(NOT the insurance agenda)
Policy Number:
fl If <i) SO ~O
f!)h ios- hG
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to
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Dates of Coverage:
I am not required to have workers' compensation liability coverage because:
( ) I have no employees
( ) I am self insured (include permit to self-insure)
( ) I have no employees who are covered by the workers' compensation law (these include: Spouse, Parents,
. Children and certain farm employees)
I certify that the information provided above is accurate and complete and that a valid workers' compensation
policy will be kept in effect at all times as required by law.
? r:?-
Name:.J -:1jOY~'5e.>~ ~ .fuov~ J ~
(last, first, middle)
Doing Business As: I ~~S ~ BJOY,J
(business natirelIf dIfferent than your name)
Business Address:
<f?<5(j.o 6'J y~~
((;'J'€, " fft ~
flu /V'- C ·
S-S3..3 (j
City, State, Zip:
L!k
ei-4(-
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Phone: 7'3
Signature: 6(-' ffi-'
Date:
9 - CJ..'- - co
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COftIDftAL WBSl'lRII I.SURDCI COMP"'Y
11201 DougLu, Bo)( 1594 De. Moine., IA 50306
COMMERCIAL G!NERAL LIABILITY
DBCLARATIONS
--1 POLICY NO. 8885020
J
REPERBNCI NO. 03- 097142-0/000
NAMBD INSURED AND MAILING ADDRESS
TREES BY BJORN
BJORN BJORNSON DBA
8820 OGREN AVENUE HE
ELK RIVER, MN 55330
AGENCY AND MAILING ADDRESS 01925482
COREY INSURANCB SBRVICES
P.O. BOX 206
MENOMONI!, WI 54751
POLICY PERIOD: From 06/05/00 to 06/05/01 12:01 A.M. AT THE INSURED'S MAILING ADDRESS
THE NAHED INSURED IS: INDIVIDUAL BUSINESS DESC: LANDSCAPE BUSINESS
LIM%1'8 or I.aURAJlCIl
GENERAL AGGREGATE $
PRODUCTS-COMPLBTED OPERATIONS AGGREGATE $
PERSONAL INJURY'" ADVERTISING INJURY $
EACH OCCURRENCE $
FIRE DAMAGB $
MEDICAL EXPENSE $
600,000
600,000
300,000
300,000
50,000 ANY ONB FIRE
5,000 AH'f ORB PIRSON
_.~ AUDI., ,.aIOD.
ANNUAL
LOCATIO. or ALL ....1... 'IOU on, ...., OR OCCUP'I.
LOC II 1: 8820 OGREN AVE HE EIJ( RIVER (SHERBURNE CO) fIN 55330
LaC CL.I88IrICA.,IO.
PM8 PDn
CODS . '..1_ BUIa MD RAft
1 TREE PRUNING, DUSTING, SP~YING, REPAIRING, TRIMMING OR 99777 PAYROLL
FUIIIGATING
INCLUDI~G PRODUCTS COMPLETED OPERATIONS
1 CONTRACTORS - SUBCONTRACTED WORK - IN CONNECTION WITH 91585 TOTAL COST
CONSTRUCTION, RECONSTRUCTION, REPAIR OR ERECTION OF BUILDINGS
23,000 20.385
IF ANY 1.036
CWl90(2) (1-92)
Insured'. Copy
Plge 1 of 2
:,
_:J
INCL.
.880
o
[ POLICY NO. BR85020
CO.'fIDftAL naB" IRSUIWICB COMPU'f
11201 DOUgL.., Box 1594 Des Mo;nes, lA 50306
COMMERCIAL GENERAL LIABILI~Y
DECLARATIONS
I
RIPBRENCI NO. 03- 097142-0/000
NAMED INSURED AND MAILING ADDRESS
TREES BY BJORN
BJORN BJORNSON DBA
8820 OGREN AVENUE HB
ELK RIVER, MN 55330
AGENCY AND MAILING ADDRESS 01925482
CORlY INSURANCE SBRVICBS
P.o. BOX 206 .
MENOMOHIB, WI 54751
POLICY PERIOD: From
06/05/00 to 06/05/01 12:01 A.M. AT THE INSURED.S MAI~lM6 AD~ESS
~ANUSCRIPT FORMS:
CW682 (01-96) PROPERTY DAMAGE: CARE, CUSTODY OR CONTROL ENDORSEMENT
CLASSIfICATION: PER CONTRACTORS LIABILITY SCHEDULE
cW681 (0'1-96) VOLUNTARY PROPERTY DAMAGE ENDORSEMENT
CLASSIFICATION: PER CONTRACTORS LIABILITY SCHEDULE
PREMIlJl1: INCLUDeD
PREI'\I\JI'I: INCI..UDED
...,DI&ftJ) COMMBRCIAL OBnUL LIABILlft .UKXUM
.'6'
......."...
roRIIS AJlD ..DO......,.
APPLYING TO COMMERCIAL GENERAL LIABILITY COVERAGE PART AMD MADE PART OF THIS POLICY AT TIME OF ISSUE~
CW1019 (10-90) CG0122 (07-98) C\l2269 (08-98) lL0021 (04-98) C\l19O(2)(1-92) ILOO17 (11-96)
C60001 (07-98) C&2147 (07-98) C62146 (07-98) C62150 (09-89) IL0245 (04-98) CG2605 (07-98)
cW682 (01-96) CW681 (01-96) .
.
THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, If APPLICABLE, TOGETHER WITH THE COMMON POLICY CONDITIONS,
COVERAGE FORMeS) AND FORMS AND ENDORSEMENTS, If ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.
COUNTERSIGNED AT:
DATE:
BY:
AUTHORIZED REPRESENTATIVE
CW190(2) (1-92)
06-06-00 Sf'tB tlOf
Insured'. Copy
Page 2 of 2
troc
IIIIIlIIyfMAdmIrIIbIrn~, LLC
Mlnne80ta Worker.' Compensation Assigned Risk Plan
Standard Work era' Compensation and Employers' Liability Polley
Contract Administrator
....Idey Risk Admlnlltrators Company. LLC
P.O. Box 59143 Minneapolis. Minnesota 55459.0143
Phone (612) 544-0311
iRlfJlENQE B~CATIQN FACTOA_EfiDOA.IM~trr
1. The Insured:
Bjorn BJorn~
8820 Ogren Ave NE
Elk Rive" UN 65330
Policy Number: Wc.22-04-07OItI-08
AIIoclatlon File Number: 24..,7
6.10': 8478783104)
un.; r. I:XImpc
Policy Period: From: 11112000
To: II1flOO1
Enclol'IIment Eft. Dat.: 11112000
Oate of Mailing: .5I2IfJOOO
The premium for the policy will be adJU8ted by an experience rating modification factor. The factor was not available
when the policy was issued. The factor, If any, shown on the Information Page Is an estImate. We will Issue an
endorsement to show the proper factor, If different from the factor shown, wnen It Is calculated.
.
.
All other terms and conditions of this policy remain unchanged.
Agency Name and Address
F .3;1334178
Corey In. S.rvlcet I
1218 So Everett Dr
Stillwater, MN 5&012
WC()().04.03
1002 !I'72!?
OCT-02-2000 01:15 PM BJORNSONS
76:5 241 1500
P.02
.
-
AC08D CERTIFICATE OF LIABILITY INSURANCE f "
01/2&/2000
. PIODUCU THII CERTIFICATE 18 ISIUID AS A MATTlR OF INFORMATION
Cg~y Z'D.Wl'l n a. S.ZV10.. ONLY AND CaNIIIRS NO RIGHTS UPON THE Cl!RnFICATE
420 Main. St. HOLDIR. THIS CERTIFICATE OOEI NOT AMEND,IXTIND OR
~on;l.., 'II 54751-.256 ALTER THI! COVERAG& AFFORDED BY THI POUCfES BJ!LOW.
PI 715-23S-GE48 JJ':'71!-23S-2375 INSURERS AFFORDING COVERAGS
INGURI!:Il INSURER A: >>fBlU:CIUl as., XNB'01lQCB co.
nuu:S BY' BJO RN' lNSURM II
88:20 0CNlN' .. InIl N'. II . INSUNiR c:
ELK lUWa NN 55330- INaURER D:
INIIURiR Et
COVERAGES
THE POI.ICIES O~ I NSURANC!; LISTErJ 8el.OW HAVE BEEN ISSU1!O TO THE INSUReD NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANCING
/W'( REQUIREME T, TSNvl OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITI-l RESPEC't'TO WHICH THIS CERTIFICATE MAY 8E ISSUSl OR
MAY PERTAIN, TH 3i~SUFtANCE AFFORDED BY THE POLleIE!,; DES~aED HEREIN IS SUBJECT TO ALl. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGRE TE I.IMITS SHOWN MAY HAVE BEEN REDUCeO 8Y PAID CLAIMS.
I~ typE OJ I~~~~E .,.~.... ~uev,~U~ER . I'~UCY EFPI!CTlYE ~~IRA~ l.IM1Tt
~NI!JW. L,M.L ..- . ~ - ..- -- -.. 30'0;000
TY EACH OCCURRENCe I
A COMMERCIJl GENEAAL LIABILITY ope OO'7tSfSU 06/05/2000 06/05/2001 I'1RE DAMAGE tMY~lI..) S 50 000
O.CLAlM8 MADE o:n OCCUR MED EXP t/l,ny one 1MIIIlOIl) . 5,000
,8 PERIIONAL & ArN INJURY . 300,000
.,.--
GI!NMAL AOGI'IEOATI . 600,000
...... ....
cetfLAQC~ir E LIMIT Aro8 PER: PRODtJCtS. (:OMPIOP AGG S 600,000
o POL.fCY ~~ LOC
~M08lLl UA lutY COMeINeD SINGLe LIMIT :I
lEt .ooldtI1l)
i!!! /oNV AUTO
-= ALL OWNI;D V'l"OS BQDlLV INJURV .
(per ""'lIIl)
~ SCHEDULED AUTOS
~ HIRED AUTO BODILY INJURV $
HON-OWNEt (P.., .Ildd....)
. AUTOS
PROPERTY OAW.GE :I
(P", .c~lIll)
, - B~Ln . . -. AUTO.ONL V..CA ACClDIINT 1.&...- __ ~_ .~- -
MY AVTO OTHER THAN &A ACO .
AUTO ONLY: AGG .
tfjj~. UAIIILIT' IIACH OCCURRENCE Is
t! OCCUR [] ClAIMS MADE AGGAEM'tE I
.
IRI DEDUCTIBLE .
RETENTION . $
WOIQ(IiIlS Cfl:: NSAnOH AND JI -.Ir -1 I D.1.t'-
EMPLOYERS' U1Y B.L. EACH ACOIDENT S 100,000
04-0708951-04 06/01/2000 06/01/2001 I
E.L. DISEASE - l;A EMPLOVI!.I !II !SOO,OOO
E.L 0I8l!Aa1! . POUCY LIMIT ,
OTHIR
DEtCRlPTlON OF OpeR :rtOH8/LOCATlo.l8NliHICLE8II!XCLlJ8IOHI /\DaD flY EHDOI'LSI!:M!NTIII'I!CIAL "RCMlIONS
" ,'. i----, . .~ ___~:____. __.. _ _ _. __.._.. " _...___ . . .- - ... . ... .. -- .- -- ...- -- ......
CERTIFICATE HOL ~ER II II ADDITIONAL INSURED: INSURER LE'lTER: CANCeLLATION
lHOUC.D NN OI'THl! AI!IOft DBSCftlll1!D I'OUCIQ lie CWlca.LED IIPOJIIIll THe I!XPlRATlON
DATI! TH!!HOP. Tilt! '..UlNClIINIUR.IiR WILL END....\lCR m MAIL ~ DAYS WRI'ITGH
NOVICE TO nil! Cl!III'TIPlCATI! HClLDI!II NAIWII:I TO TH. ~I'T. IIUT "AlLUM TO DO 110 etloflU.
J~I! NO OaLlGiA11ON OR LIABIUTV OF NN KIND UPON Tit!! INSUIWt, ITa AGVn't OR
1tI!"~~~r
AUTIlO 10 ';:~':"TIY17 ( Ck
ACORD 25-8 (7197) -IlACO CORPORATION 1888
-1
.~
~..
.
.
CITY OF SHOREWOOD
RESOLUTION NO
A RESOLUTION APPROVING
A SINGLE TEMPORARY GAMBLING LICENSE
WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of
certain gambling activities in the City; and
WHEREAS, the City prescribes certain restrictions concerning eligibility for such
licensing and application, whereby the licensee will hold the City harmless for all claims arising
out of the granting of such license; and
WHEREAS, the following applicant has met the eligibility requirements for such a
license and has agreed to all terms and conditions of the agreement contained in the license.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
That a single temporary license for the conduct of gambling as specified in the terms and
conditions of the license be issued to Sons of the American Legion Post 259. Said
gambling activities to be held on Friday, December 8, 2000 at the American Legion Post
259, 24450 Smithtown Road, Shorewood, Minnesota.
ADOPTED by the City Council of the City of Shorewood this 9th day of October, 2000.
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
.:II ,-3 ~
,
LG22~ ~r2"WlJe~.l
'-0 ReV06~~te;:..J' ~E I.. Pi;; I Minnesota Lawful Gambling
1;"'1 SEP 272000 . rplication for Authorization for an
'U U Exe rion from Lawful Gambling License
By.. . ,
For Board Use Only
Fee Paid
Check #
Initals
Date Recd
?- 4-Y:~D.s j rll ~VU '/)
Name of Chief Executive Officer of organization (CEO)
First Name Last Name
5..533 (
Daytime Phone number of CEO
County
'JzUtJ
S;PflJJ L
reasurer
Last Name
(q61l. 4'74- - "3"}g'..2-
Daytime Phone Number of Treasurer
o Fraternal
ti(J Veterans
o Religious'
o Other nonprofit
Check the box that indicates the type of proof attached to this application
by your organization:
o IRS letter indicating income tax exempt status
o Certificate of good standing from the Minnesota Secretary of State's office
o A charter showing you're an affiliate of a parent nonprofit organization
t8l Proof previously submitted and on file with the Gambling Control Board
Name of Establishment where gambling activity will be conducted
City
Zip Code
County
50 S fV1rT /trl:) u $ Ho f-wa?C7
Date(s} of activity (for raffles, indicate the date of the drawing)
H-ZJ-J U
I:A- - ff- ,A 00 c)
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
s.. *Bingo @.Raffles' & *Paddlewheels 8--* PuU,.tabs ~Tipboards
*Equipment for these activities must be obtained from a licensed distributor
Be sure the Local Unit of Government and the CEO of your organization sign
the reverse side of this application.
For Board Use Only
Date & Initials of Specialist
L L
,
.'
of
Is this gambling premises located within city limits?~ Yes D No
If Yes, write the name of the City:
City Name S '-lOt:. ~ LVOD D
If No, write the name"ofthe-eountyandthe'fownship:
County Name Township Name
Check the appropriate status of the Township: 0 organized D unorganized 0 unincorporated
1. The city must sign this application if the gambling
premises is within city limits.
2. The county and township must sign this applica-
tion if the gambling premises is not within city limits.
3. DO NOT submit this application to the Gambling Control
Board if it is denied by the local unit of government.
4. NOTE: A Township may not deny an application.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1st class) from the date the local unit of government .
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. . Cities of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of
Application Application
Signature of person receiving application Signature of person acknowledging application
Date Received:
Title of person receiving application
Date Signed:
Title of person acknowledging application
I have read thIS application and information is true, accurate and complete.
~ .~. ~ Date: 9-Ato-.2.0Q5
/' Submit the application at least 45 days prior to your scheduled date of activity.
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 300S
Roseville, MN 55113
This publication will be made available in alternative format (i.e. large print, braille) upon request.
Questions on this form .should..be directed to the Licensing Section of the Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800-627-3529 in the
Greater Minnesota Area or 297-5353 in the Metro Area.
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB.
.
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: 6 October 2000
RE: Sign Permit - B&J Automotive
FILE NO.: 405 (Sign Permits)
B&J Automotive has applied for a sign permit for their business at 24365 Smithtown
Road (the Amoco Fuel Station site). The sign, shown on Exhibit A, is the same as their
existing one in terms of size. However, it will be internally lit like the other signs on that
same pylon.
The sign itself is consistent with the original conditional use permit for the site. Approval
is recommended subject to the Amoco manager removing all gas pump "topper" signage
. that was not part ofthe original C.D.P.
Cc: John Pfeffer
#3b
#.
~~ PRINTED ON RECYCLED PAPER
C omb;'r'\ C<.- f/DJ10t- 3 :37/15 .
70 fA-I Sh €- 51 #-q_/- .hI (p jeJ-
1-.../ Afe-d- i3:yf~ SideS
}
cl
()
BRAKE SPECIAL $99.99
t'
EXHIBIT A
.,
.
.
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:
Mayor and City Council
Brad Nielsen, Acting City Administrator
Larry Brown, Director of Public wor~
October 6, 2000
RE: A Motion Accepting Draft Resolution Declaring a Public Purpose
Condemnation Proceedings for Trunk: Highway 7 and Trunk: Highway 41
At the last City Council meeting, the Council approved a draft resolution that declares a
public purpose for the Trunk: Highway 7 and 41 Improvement Project. Attachment 1 isa
copy of the report presented that evening. As promised,. a copy of the final resolution is
attached for review.
n
\,J PRINTED ON RECYCLED PAPER
Staffis recommending approval of the final resolution that declares a public purpose
for the Trunk: Highway 7 and 41 Intersection Project.
-
'# 3E.
.
.
.
PROJECI'
_CORMATGS
-0- CONTR/lNV
-a....lEGALIEASE
_PIS
_SIOITA9
AGMNTlBONO
.......... PAY REG
~CONSTR
_ASSMNT
_PERMITS
_FEES/COST
. OTHER
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
MEMORANDUM
TO:
Mayor and City Council
Brad Nielsen, Acting City Administrator
j trY'
Larry Brown, Director of Public Works d;:Y
September 22, 2000
FROM:
DATE:
RE: A Motion to Adopt A Resolution Declaring Public Purpose and to Begin Right of
Way Condemnation Proceedings.
City Staff has been working with the Minnesota Department of Transportation (11NIDOT) on a
cooperative agreement for the Trunk: Highway 7 and 41 intersection project. This project involves
realignment of the Shorewood Shopping Center access to T.H. 7, addition of a dual left turn lane
westbound T.H. 7, and several access closures within the City of Chanhassen. The City of
Shorewood has been. designated as the lead design agency for the project;
As such, Evergreen Land Services has been tqe joint consultant to the City and MNIDOT for land.
acquisition services. To date, all of the easements and right of way agreements have been reviewed
and approved, with the exception of three partial takings. To insure that the project can be
constructed in the spring of 2001, it is recommended that the City of Shorewood commence with
eminent domain proceedings for the remaining three partial takings.
Attachment 1 is a site map for the parcels involved in the proposed proceedings. Attachment 2 is an
excerpt of the right of way plans for the project. It should be noted that the easements and right of
way to be acquired is caused by the realignment of the frontage road adjacent the Shorewood
Shopping Center and Lake Linden Drive. This is independent ofMNIDOT's portion ofthe.project.
Therefore, the.City of Shore wood is to act as the agency commencing with the condemnation action,
along with the financial responsibility.
....
tJ PRINTED ON RECYCLED PAPER
Mayor and City Council
TH 7 and TH 41 Intersection
September 22, 2000
Page 2 of2
The following table indicates information relating to the subject parcels.
Parcel Address Property Owner Permanent Taking
No. Easement Valued at
Area s ft
6 23680 Highway 7 Shorewood 7,329.63 $ 76,000
Sho in Cntr.
7 23780 Highway 7 Shorewood 6.43 2,026.27 $ 1,400
. Sho in Cntr.
8 6105 Lake Linden Driskills- 2,993.51 979.25 $ 20,400
Dr. Shorewood Inc.
Table 1
Appraisals were completed to determine the damages to the properties and the appropriate
compensation due. The values associated with the takings are very high. Average costs are
calculated at $6.60 per square foot of taking.
.
When questioned, the appraiser stated that this is a fair rate, considering that the commercial
property is located on two major highways. As part of the process, MNIDOT's appraisers must also
certify that the appraisals completed are accurate. MNIDOT has in fact certified that the appraisals
have been completed satisfactorily. Key considerations involve impacts to the existing parking areas
of the Shorewood Shopping Center parking lot.
As mentioned earlier in this report, the City must bear both the cost of the right of way acquisition
and any condemnation proceedings. The City Attorney has advised Staff that a "hostile proceeding"
can cost approximately $20,000. It is hopeful, that this is not necessary. The good news is that the
right of way plan has been submitted to the Minnesota Department of State Aid for their approval. If
accepted, costs for such proceedings are eligible for Municipal State Aid funding. Certainly,
agreements would not be executed, until such time as State Aid confirms that all costs are eligible for
reimbursement by State Aid.
Since such proceedings can take up to 120 days, it is necessary to commence.with the action at this
time. Therefore, Staff is recommending approval of the attached resolution that declares public
purpose and commences with right of way condemnation proceedings.
.
.
~
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PARCEL 8
PARCEL 7
PARCEL 6
ATTACHMENT I
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 00-_
A RESOLUTION RELATING TO TRUNK HIGHWAY 7 &
TRUNK HIGHWAY 41 RIGHT-OF-WAY
WHEREAS, the City of Shorewood is a municipal corporation organized under the laws of
the State of Minnesota; and
WHEREAS, the City of Shore wood has entered into a joint project with the Minnesota
Department of Transportation to complete the Trunk Highway 7 & Trunk Highway 41 Intersection
Improvement Project, S.P. 1008-58 and S.AP. 216-010-04; and
WHEREAS, the City has been designated as the lead design and right of way agency for
said improvement project; and
WHEREAS, the City has identified the necessary right of ways and easements necessary to
complete said improvements; and
WHEREAS, the City of Shorewood has prepared appraisals for each impacted property, and
has presented agreements to obtain the necessary right of ways and easements to all property owners
impacted by the improvement project; and
WHEREAS, all said property owners have executed a letter of agreement for such
acquisitions with the exception of owners of Parcels 6, 7, and 8 as described in Exhibit A, Exhibit B,
and Exhibit C, respectively.
NOW, THEREFORE, BE IT RESOLVED:
The City of Shorewood fmds a public purpose in ordering the Trunk Highway 7 and
Trunk Highway 41 Intersection Improvements; and
2. In order to ensure no delay in the improvements, the City Council of the City of
Shorewood directs the City Engineer and City Attorney to undertake the acquisition
of additional right-of-way for Parcels 6, 7, and 8 as identified in the right of way
documents for S.P. 1008-58 and S.AP. 216-010-04, and attached hereto as Exhibit A,
Exhibit B, and Exhibit C, respectively, an in accordance with Minnesota Statutes
~ 117.
1.
ADOPTED BY mE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th day
of October, 2000.
A TrEST:
WOODY LOVE, MAYOR
JEANPANCHYSHYN,DEPUTY
Tnmk Highway 7/41
Parcel 6
Easement Exhibit
P .I.D. 34-117-23-33-0027
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8-441 Wayzsla BoullMlrd
Minneapolis. MN 55<128
Exhibit A
Parcel 6
Denotes Pe~manent
Easement
Nea . 7329.63 sq. It
0.17 acres
Denotes Tempora~y
Easement
Mea' 25014.82 sq. It
0.57 acres
Denotes Prescriptive
Rights
Mea. 19698.98 sq. ft
0.4 5 acres
SI2.541--<aoQ
"A_... Inc. FAA 541-1700
INFRASTRUCTURE . ENGINEERS . Pl.ANNERS
.
.
P.I.D. No. 34-117-23-33-0027
Project No. 1122.00
Parcel No.6
Date: 4-16-99
That part of the following described parcel of land in the City of Shorewood:
All of Lot 172 and that part of Lots 170 and 171 lying South of the Westerly extension of the North
Line of Lot 172, and that part of Lot 173, Auditor's Subdivision No. 135, Hennepin County,
Minnesota, lying Northerly of the Northerly right of way line of State Highway No.7, EXCEPT the
East 50 feet of said Lot 173 as measured at right angles from the East line of said Lot 173, Also that
part of the East 30 feet of vacated Woodruff Avenue lying North of State Highway No.7 and South
of a line drawn from the Southwest corner of Lot 171, Auditor's Subdivision No. 135, to the most
Southerly point of Lot 11, Linden Park, according to the plat thereof on file and of record in the
office of the County Recorder, in and for Hennepin County, Minnesota.
\\!hich lies within the following permanent easements for street, utility and drainage purposes:
A strip ofland 60.00 feet in width over all of Lot 172 and that part of Lots 170 and 171 lying South
of the Westerly extension of the North Line of Lot 172, and that part of Lot 173, Auditor's
Subdivision No. 135, Hennepin County, Minnesota, lying Northerly of the Northerly right of way
line of State Highway No.7, EXCEPT the East 50 feet of said Lot 173 as measured at right angles
from the East line of said Lot 173. Also that part of the East 30 feet of vacated Woodruff Avenue
lying North of State Highway No, 7 and South ofa line drawn from the Southwest corner of Lot 171,
Auditor's Subdivision No. 135, to the most Southerly point of Lot 11, Linden Park, according to the
plat thereof on file and of record in the office of the County Recorder, in and for Hennepin County,
Minnesota, the center line of said strip is described as follows:
Commencing at the Southwest corner of the Southwest Quarter of Section 34, Township 117, Range
23, Hennepin County, Minnesota; thence South 89 degrees 21 minutes 33 seconds East, assumed
bearing along the South line of said Southwest Quarter, a distance of 1048,93 feet to the point of
beginning of a line to be hereinafter referred to as "Line A"; thence North 08 degrees 18 minutes 30
seconds West a distance of 450.40 feet and said "Line A" there terminating and to the point of
beginning of said centerline to be hereinafter described; thence South 75 degrees 39 minutes 16
seconds West a distance of 16.57 feet; thence Southwesterly a distance of 141.66 feet along a
tangential curve concave to the Southeast having a radius of 300.00 feet and a central angle of 27
degrees 03 minutes 18 seconds; thence South 49 degrees 04 minutes 52 seconds West, tangent to the
last described curve, a distance of 60.28 feet to a point to be hereinafter referred to as "Point B";
thence continuing South 49 degrees 04 minutes 52 seconds West a distance of 48.37 feet; thence
Southwesterly a distance of 143.92 feet along a tangential curve, concave to the Northwest having
a radius of 300.00 feet and a central angle of 27 degrees 29 minutes 11 seconds; thence South 76
degrees 34 minutes 10 seconds West a distance of75, 18 feet and said centerline there terminating.
Said strip of land to be extended by its full width from said "Line A," and its Northerly extension
to a line drawn Northerly and Southerly, perpendicular to said centerline and passes through the
point of termination.
.
.
Parcel No.6
And also that part of said Lot 173 which lies Southerly of the above described permanent easement,
Westerly of said "Line A" and Northerly of said Northerly right of way line of State Highway No.7.
And also which lies within the following temporary easements for construction purposes:
A strip ofland 60.00 feet in width over said Lot 173, the Westerly line of which is contiguous with
. said "Line A"and its Northerly extension. Said strip ofland is to extend by its full width from said
Northerly right-of-way line of State Highway No.7 to the Easterly extension of the Northerly line
of the fIrst above described pemlanent easement.
And also a strip of land 20.00 feet in width over said Lot 173, the Southerly line of which is
contiguous with the Northerly line of the fIrst above described permanent easement and its Easterly
extension. Said strip ofland is to extend by its full width from the West line of said East 30.00 feet
of vacated W oodruff Avenue to a line drawn parallel with and distant 60.00 Easterly of said line A
and its Northerly extension.
And also a strip of land 30.00 feet in width over said Lot 173 the Southerly line of which is
contiguous with the Northerly line of the last above described temporary easement. Said strip ofland
is to extend by its full width from a line which bears North 40 degrees 54 minutes 58 seconds from
said "Point B" to said line drawn parallel with and distant 60.00 feet East of said "Line A" and its
Northerly extension.
Said temporary easements to expire
Parties:
Shorewood Village Shopping Center, Inc.
1 7 Cascade Creek Lane
Las Vegas, NV 89113
Trunk Highway 7/41
Parcel 7
Easement Exhibit
P.LD.34-117-23-33-0021
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INFRASTRUCTURE . ENGINEERS .. PlANNERS
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P.LD. No. 34-117-23-33-0021
Project No. 1122.00
Parcel No. 7
Date: April 16, 1999
That part of the following described parcel of land in the City of Shorewood
All that part of Lots 13 and IS, Linden Park, Hennepin County, Minnesota, and that part of
Woodruff Avenue vacated, described as follows:
Conunencing at a point on the West line of said Lot 13, Linden Park, Hennepin County, Minnesota,
which point is located 19.24 feet North of the most Southerly corner of said Lot 13, measured along
its said West line; thence South along said West line and the Southerly extension thereof, a distance
of lOO feet, more or less, to the North right-of-way line of State Highway No.7; thence Easterly
along said North right-of-way line a distance of 1 00 feet to a point; thence Northwesterly along a line
parallel to and 100 feet distant from said first described line, a distance of 100 feet to a point: thence
Westerly to the point of beginning.
Which lies within the following permanent easement for street, utility and drainage purposes:
A strip ofIand 60.00 feet in width over all that part of Lots 13 and 15, Linden Park, Hennepin
County, Minnesota, and that part of Woodruff Avenue vacated, described as follows:
Commencing at a point on the West line of said Lot l3, Linden Park, Hennepin County, Minnesota,
which point is located 19.24 feet North of the most Southerly corner of said Lot 13, measured along
its said West line; thence South along said West line and the Southerly extension thereof, a distance
of 100 feet, more or less, to the North fight-of-way line of State Highway No.7; thence Easterly
along said North right-of-way line a distance of 1 00 feet to a point; thence Northwesterly along a line
parallel to and 100 feet distant from said first described line, a distance of 100 feet to a point: thence
. Westerly to the point of beginning.
The centerline of said strip is described as follows:
Commencing at the Southwest corner of the Southwest Quarter of Section 34, Township 117, Range
23, Hennepin County, Minnesota; thence South 89 degrees 21 minutes 33 seconds East, assumed
bearing along the South line of said Southwest Quarter, a distance of 1048.93 feet to the point of
beginning of a line to be hereinafter referred to as "Line A"; thence North 08 degrees 18 minutes 30
seconds West a distance of 450.40 feet and said "Line A" there terminating and to the point of
beginning of said centerline to be hereinafter described; thence South 75 degrees 39 minutes 16
seconds West a distance of 16.57 feet; thence Southwesterly a distance of 141.66 feet along a
tangential curve concave to the Southeast having a radius of 300.00 feet and a central angle of 27
degrees 03 minutes 18 seconds; thence South 49 degrees 04 minutes 52 seconds West, tangent to the
last described curve, a distance of 108.65 feet; thence Southwesterly a distance of l43 .92 feet along
a tangential curve, concave to the Northwest having a radius of300.00 feet and a central angle of27
degrees 29 minutes 11 seconds; thence South 76 degrees 34 minutes 10 seconds West a distance of
.
.
Parcel 7
75.18 feet: thence Westerly and Northwesterly a distance of 151.70 feet along a tangential curve
concave to the Northeast having a radius of150.00 feet and a central angle of 57 degrees 56 minutes
48 seconds and there terminating.
Said strip ofland is to extend by its full width from said "Line A" and its Northerly extension to a
line drawn Easterly and Westerly, perpendicular to said centerline, and passes through the point of
termination.
Also which lies within the following temporary easement for construction purposes:
The Southerly 20.00 feet of the fust above described property except that part which lies within the
above described permanent easement.
Said temporary easement to expire
Parties:
Shorewood Village Shopping Center, Inc.
% Towle Real Estate Co.
7600 Prance Avenue, Suite 541
Edina, MN 55435
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EXHIBIT "A" -
P.I.D. No. 34-117-23-33-0026
Project No. 1022.00
Parcel No. 8
Date: April 15, 1999
That part of the following described parcel of land in the City of Shorewood
Lot 12," Linden Park, Hennepin County, Minnesota."
Those parts of Lots 11, 13, 14, and 15, Linden Park, "Hennepin County Minnesota" and those parts
of vacated Woodruff Avenue and vacated Maple Street, dedicated in said plat all described as
follows: Beginning at the Northwesterly comer of said Lot 14; thence Easterly to the Northeasterly
comer of said Lot 14; thence Northerly to the Northwesterly comer of said Lot 13; thence
Northwesterly along a line which intersects the Southwesterly comer of Lot 11, Linden Park,
"Hennepin County, Minnesota to the center line of said vacated Maple Street; thence Southeasterly
along said center line and its extension, said extension being parallel with the straight portion of the
Northeasterly line of said Lot 13 to a line drawn parallel with and 30.00 feet West, as measured at
a right angle, from the East line of said Lot 11 and the Southerly extension of said East line; thence
North along said parallel line to the Northerly line of said Lot 11; thence Easterly along the Northerly
line of said Lot 11 and its extension to the East line of the West Half of vacated W oodruff Avenue;
thence South along said East line, also being the West line of the East 30 feet of said vacated
Avenue, to the former Northerly right-of-way line of State Highway No.7 as described in CR Book
2414 of Deeds, Page 293 (Doc No. 3439216); thence Westerly along said former Northerly right-of-
way line to a point 100.00 feet Easterly along said right-of-way line from its intersection with the
Southerly extensionofthe Westerly line of said Lot 13; thence Northerly parallel with said extension
and the Westerly line of said Lot 13, a distance of 100.00 feet; thence Westerly to a point on the
Westerly line of said Lot 13 distant 19.24 feet Northerly from the most Southerly comer of said Lot
13; thence Southerly along said Westerly line and its extension of said former Northerly right-of-way
line; thence Westerly deflecting to the right 100 degrees 54 minutes 25 seconds to the Westerly line
of said Lot 14; thence Northerly along the Westerly line of said lot 14 to the point of beginning.
Which lies within the following permanent easements for street, utility and drainage:
A strip of land 60.00 feet in width over those parts of Lots 11, 13, 14, and 15, Linden Park,
"Hennepin County Minnesota" and those parts of vacated Woodruff Avenue and vacated Maple
Street, dedicated in said plat all described as follows: Beginning at the Northwesterly comer of said
Lot 14; thence Easterly to the Northeasterly comer of said Lot 14; thence Northerly, to the
Northwesterly comer of said Lot 13; thence Northwesterly along a line which intersects the
Southwesterly comer of Lot 11, Linden Park, "Hennepin County, Minnesota to the center line of said
vacated Maple Street; thence Southeasterly along said center line and its extension, said extension
being parallel with the straight portion of the Northeasterly line of said Lot 13 to a line drawn
parallel with and 30.00 feet West, as measured at aright angle, from the East line of said Lot 11 and
the Southerly extension of said East line; thence North along said parallel line to the Northerly line
of said Lot 11; thence Easterly along the Northerly line of said Lot 11 and its extension to the East
line of the West Half of vacated Woodruff Avenue; thence South along said East line, also being
f:\WPWlN\IOZ2.00iPlDl4.117.23.33.0026,wpd
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.
.
Parl'''''1 No. R
the West line of the East 30 feet of said vacated A venue, to the former Northerly right-of-way line
of State Highway No.7 as described in CR Book 2414 of Deeds, Page 293 (Doc No. 3439216);
thence Westerly along said former Northerly right-of-way line to a point 100.00 feet Easterly along
said right-of-way line from its intersection with the Southerly extension of the Westerly line of said
Lot 13; thence Northerly parallel with said extension and the Westerly line of said Lot 13, a distance
of 100.00 feet; thence Westerly to a point on the Westerly line of said Lot 13 distant 19.24 feet
Northerly from the most Southerly comer of said Lot 13; thence Southerly along said Westerly line
and its extension of said former Northerly right-of-way line; thence Westerly deflecting to the right
100 degrees 54 minutes 25 seconds to the Westerly line of said Lot 14; thence Northerly along the
Westerly line of said lot 14 to the point of beginning.
The center line of said strip is described as follows:
Commencing at the Southwest comer of the Southwest Quarter of Section 34, Township 117, Range
23, Hennepin County, Minnesota; thence South 89 degrees 21 minutes 33 seconds East, assumed
bearing along the South line of said Southwest Quarter, a distance of 1048.93 feet to the point of
beginning of a line to be hereinafter referred to as "Line A"; thence North 08 degrees 18 minutes 30
seconds West a distance of 450.40 feet and said "Line A" there terminating and to the point of
beginning of said centerline to be hereinafter described; thence South 75 degrees 39 minutes 16
seconds West a distance of 16.57 feet; thence Southwesterly a distance of 141.66 feet along a
tangential curve concave to the Southeast having a radius of 300.00 feet and a central angle of 27
degrees 03 minutes 18 seconds; thence South 49 degrees 04 minutes 52 seconds West, tangent to the
last described curve, a distance of 108.65 feet; thence Southwesterly a distance of 143.92 feet along
a tangential curve, concave to the Northwest having a radius of300.00 feet and a central angle of27
degrees 29 minutes 11 seconds; thence South 76 degrees 34 minutes 10 seconds West a distance of
75.18 feet; thence Westerly and Northwesterly a distance of 262.04 feet along a tangential curve
concave to the Northeast having a radius of 150.00 feet and a central angle of 100 degrees 05
minutes 41 seconds and there terminating. Said strip is to extend by its full width from said "Line
A" and its Northerly extension to the Easterly right-of-way line of Lake Linden Drive (formerly
known as Pleasant Avenue, as shown on said plat of Linden Park).
Also which lies within the following temporary easement for construction purposes:
A strip ofland 20.00 feet in width over said parts of Lots 11, 13, 14, and 15 and also over said part
of vacated Woodruff Avenue, the Southerly line of said strip is contiguous with said former right-of-
way line of State Highway No.7. Except that part which lies within the above described permanent
easement.
Said temporary easements to expire
Parties:
Drisskill's - Shorewood Inc.
P.O. Box 454
Excelsior, MN 55331
F:\WPWIN\I022.00IPID34-117-23_33_0026.wpd
RESOLUTION NO.
A RESOLUTION GRANTING A CONDITIONAL USEPERMIT
FOR THE CONSTRUCTION OF DUGOUT FACILITIES
IN FREEMAN PARK
WHEREAS, the South Tonka Baseball organization (Applicant) proposes to construct
dugout facilities for Field No.1 and Field No.2 in Freeman Park to be used as shelters for
players, which shelters will be donated to the City of Shorewood; and
WHEREAS, the Shorewood Zoning Code allows public recreational buildings by
conditional use permit (C.U.P.) subject to celtain conditions; and
.
WHEREAS, the request was reviewed by the City Planner and his recommendations
were du1y set forth in a memorandum to the Planning Commission, Mayor and City Council,
dated 1 September 2000, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a Public Hearing was held and the Applicant's
application reviewed by the Shorewood Planning Commission at their regular meeting on
5 September 2000, the minutes of which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regu1ar
meeting on 25 September 2000, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewoodas follows:
.
FINDINGS OF FACT
1. That the Applicant proposes two dugout shelters for each field, each of which
shelters is one story in height, consisting of post and beam construction with a shed style metal
roof.
2. That the proposed design of the shelters is consistent with building plans which
have been considered by the Shorewood Park Commission for park buildings.
3. That except for the dugout on Field No.2, the dugout shelters comply with the
setback and zoning requirements of the Shorewood Zoning Code.
4. That the Applicant has requested a 20-foot side yard setback variance for the
westernmost dugout on Field No.2.
#3F
5. That, except for the dugout referenced in 4. above, the shelters and their locations
are consistent with the City's master plan for Freeman Park.
CONCLUSIONS
A. That the conditional use permit for the construction of dugout facilities on Field
No.1 and Field No.2 in Freeman Park is hereby granted, subject to the following conditions:
1. That all of the dugout shelters must comply with the Shorewood Zoning Code
and the State Building Code.
2. That the color of the roofing material used on the shelters shall be subject to
review and approval by the Shorewood Park Commission.
B. That the Applicant has failed to demonstrate that a hardship exists relative to the
side yard setback variance, and that said variance is hereby denied.
.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 9th day of February,
2000.
WOODY LOVE, MAYOR
ATTEST:
.
JEAN PANCHSHYN, DEPUTY CLERK
-2-
--
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, 5 SEPTEMBER, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
CALL TO ORDER
DRAFT
Chair Bailey called the meeting to order at 7:02 P.M.
A. Roll Call
Present: Chair Bailey, Commissioners Callies, Anderson, Boehm, Woodruff and
Turgeon; Planning Director Brad Nielsen
Late arrival: Council Liaison Lizee
.
Absent:
Commissioner Rosenberger
B. Review Agenda
Planning Director Nielsen requested the Commission amend the agenda as follows.
Nielsen asked to include a discussion of the setback variance for Len Tweton, 26300
Smithtown Road, which had been tabled at the previous meeting. New information
had arrived and Nielsen requested this topic be added to the agenda as Number 4.
With no objection, Bailey did so.
APPROVAL OF MINUTES
Callies moved, Woodruff seconded to approve the minutes as submitted. Anderson
abstained. Motion passed 5/0/1.
.
1.
7:00 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT AND
VARIANCE
Applicant:
Location:
South Tonka Baseball
:Freeman Park (Babe Ruth Field)
Chair Bailey reviewed procedures utilized in a public hearing.
Director Nielsen gave a brief overview of South T onka Baseball's request for a variance
and conditional use permit on Freeman Park Field #2 to build dugout structures. These
structures already exist on field #3 and the proposed dugouts would be built along the 1 st
and 3rd baselines offield #2. Nielsen went on to explain that conditional use permits are
required for structures that are built within the parks. Since these small tin and wood
lean-to dugouts qualify as structures they require the permit. Second, City ordinance
"
.
.
PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 2
requires park property buildings have a side yard setback twice those of regular zoning -
RIC Zoning District requires a 10 foot side yard setback, thus, the field should provide a
20 foot side yard setback. Nielsen cited several peculiarities to this field. First, the site
itself has an odd configuration. The city has even looked into the possibility of rotating
the field, which was eventually thrown out due to the proximity to the senior housing
development. Second, the dugouts themselves are merely small lean-to metal and post
structures which should not obscure neighbors views. Nielsen then invited South Tonka
Baseball to speak.
Brian Tische, 6240 Cypress Drive, Excelsior, President of South Tonka Baseball,
explained that approximately one year ago they received approval from the City Council
to build dugouts as part of a plan they had at Freeman Park. They have made several
improvements to fields #1 and #2 and now have the funds available to build dugouts on
#2. First, they considered building dugouts similar to those on field #3, however, these
would obscure spectators views. They have now proposed putting up a wooden structure
with an insulated tin roof The back and sides would be open with a removable mesh
backing. The third base side of field #2 is where they need approval since it currently lies
on the property line.
Chair Bailey opened the Public Hearing at 7:25 P.M.
Ian Caugan, 26050 Shorewood Oaks Drive, expressed concern over the trespassing that
occurs on their property. Hacking up to the field, she is totally against this structure
being built outside the fence against their property line. Director Nielsen assured the
woman that the dugout would only be inside the fence line. The fence itself becomes the
back walL Mrs.Caugan then had no objection once she understood where the dugout was
to be built.
Chair Bailey closed the Public Hearing at 7:30 P.M.with no others wishing to address the
Issue.
Callies questioned whether other variances existed and if the field could be rotated. She
wondered what was between the park and senior housing development.
Nielsen explained that even after the road changes to a footpath, the size of the field still
would not change much. Access of emergency vehicles will still be necessary. More
discussion ensued on the possibility of rotating the field.
Boehm asked what the need or "hardship" for the dugout was.
Tische identified safety factors such as fly balls; the ability to keep people out of the
team's way and the need to protect the children from the elements.
.
.
PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 3
Turgeon contended that this field has always been an issue and the more you add to it the
harder it will be to change. She questioned why the park system could not be worked
differently, either by rotating or moving the field. Perhaps, if asked, the Park Commission
could identify a long-range parks and fields plan.
Tische reiterated that the Park Commission and City Council had approved these plans
two years earlier and that South Tonka Baseball merely needed the Planning
Commission's approval on the structure and the variance needed to build the dugouts.
Nielsen relayed to the Commission that when the City Council and Park Commission
approved this improvement they did not realize that a variance was needed but were fine
with the structure falling within the property line.
Council Liaison Lizee arrived at 7:38 P.M.
Anderson moved to approve the conditional use permit and variance, Boehm
seconded. Motion failed 1/6 with all dissenting but Boehm.
Anderson amended that we approve the conditional use permit for the other three
dugouts. Boehm seconded, motion passed 5/1, with Woodruff dissenting.
2. 7:15 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR
SPECIAL HOME OCCUPATION.
Applicant:
Location:
Michael and Cynthia Marr
6015 Chaska Road
Director Nielsen identified the two types of conditional use permits for home occupation
- limited and special. Based on the possibility of more than one client at any given time
frequenting the dog grooming business of Cynthia Marr the Special Home Occupation
permit is required.
With this in mind, Nielsen went on to share three letters sent in by the Marrs neighbors in
support of their home business. A business they have run in their home for
approximately 18 years without any complaints, and one that complies with all city and
state regulations.
Marr came to the city herself to ask for this permit after noticing recent ordinance
changes. Nielsen recommended approval of the conditional use permit.
Cynthia Marr, 6015 Chaska Road, shared her philosophy with the Commission. A
philosophy in which she schedules customers consecutively to avoid conflicts with one
another and limits her business to about 4 dogs per day.
The Commission urged her to identify her base hours of operation. She replied that she
could limit the hours easily to between 7 A.M. and 9 P.M.
.
.
PLANNING COMMISSION MINUTES
SEPTEMBER 5,2000 - PAGE 4
Chair Bailey opened and closed the Public Hearing at 7:45 P.M as there was no one
present to address the issue before the Planning Commission.
Callies moved, Anderson seconded approving the conditional special use permit.
Anderson amended the motion to include hours of operation from 7 A.M. to 9 P.M.
Motion passed 6/0.
3. 7:30 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT FOR FILL IN
EXCESS OF 100 CUBIC YARDS.
Applicant:
Location:
David Sauer
5965 Galpin Lake Road
Nielsen explained that Mr. Sauer wants to build a new driveway to accompany his home. The
home will be situated in the middle of his property due to an existing sanitary sewer
easement on the property and be built next year. To do this, Sauer will need to fill
approximately 1800 cubic yards in the southwest comer of his lot.
Based on Engineer Browns report, Nielsen explained that the change in elevation on this
property is about 30 feet and the section to be filled is approximately 60 x 150 feet and may
run as deep as 8 feet in parts.
The zoning aspect of this indicates that the house does comply with the RIC and shore land
zoning district ordinances. The amount of the impervious surface proposed is under the 25%
maximum - about 16%. The driveway grade shows a 10% grade with a 2% landing spot at
the top. As far as the grading, drainage, and erosion control, Nielsen shared the erosion
control plan along the north and south sides of the property. He went on to clarify, that again,
the side slopes do not exceed the 3 to 1 ratio of disturbed slopes.
The issues of landscaping and tree preservation will be addressed by removing mostly just
brush and preserving/avoiding existing trees either by building a retaining wall or filling only
up near them.
Based on these things, Nielsen recommended the conditional use permit be granted, however,
staff does suggest the driveway not be surfaced until the building permit is applied for.
Chair Bailey asked Mr. Sauer if he would like to add anything. He declined.
Chair Bailey opened the Public Hearing for comment at 7:55 P.M.
Steve Williams, 5985 Galpin Lake Road, felt the fill project should be approved, however, he
was concerned over what his sloped side view would be.
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PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 5
Sauer replied that his plan involved as little grass ground cover as possible, and included
mostly naturalized areas.
Chair Bailey closed the Public Hearing at 8:10 P.M.
Chair Bailey and the Commissioners shared concerns over drainage, the type of fill to be
used and the amount of truck traffic it will generate.
Nielsen reiterated the figures for erosion control, and that they do comply, and encouraged
approval of the permit.
Anderson moved to approve the request as submitted by staff on the condition that the
type of fill be approved by the City Engineer with the accompanying erosion control
plan. Boehm seconded. Anderson added that the city reserve the right to review the
hours of operation if complaints from neighbors ensue during the fill process. Boehm
seconded, motion passed 6/0.
4. CONDITIONAL USE PERMIT AND VARIANCE FOR DECK ADDITION
Applicant:
Location:
Len Tweton
26300 Smithtown Road
Nielsen reviewed the status of the existing house, as it stands it does not conform to current
setback requirements, however, that is not the area of the house being considered for the
addition.
Since the last meeting, Council has approved the family room and garage addition on the
back. Also, a title opinion has surfaced regarding the 33-foot space between Mr. Tweton's
property and the comer. As it stands now, this right of way area, is owned by the estate of
the original 1915 owners. If this is true, and verified by the city attorney, Mr. Tweton's lot is
no longer a comer lot. It is, instead, an interior lot only requiring a setback of 10 feet, not 50.
Mr. Tweton then offered the opportunity of trading the nonconforming side deck for the new
smaller front porch in order to restore the character of the house. From his research, Mr.
Tweton identified the Mann family as the original 1915 owners.
Turgeon and others saw no problem with the swap.
Callies motioned to approve ,the variance for the front deck and balcony on the
condition they remove the nonconforming side deck. Turgeon seconded, motion passed
6/0.
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PLANNING COMMISSION MINUTES
SEPTEMBER 5, 2000 - PAGE 6
5. MATTERS FROM THE FLOOR
There were none.
6. DRAFT NEXT MEETING AGENDA
There will be a Study Session with the Council on the 19th of September at 6:30 P.M. to
discuss ordinance amendments and other issues. Lizee suggested they address historical
use concerns and variances based on the type of properties we saw this evening.
Bailey saw the need to cover accessory space; historical and nonconforming properties;
and getting input from the Council over the ongoing site study for senior housing.
It was agreed that it may be useful to get a sense of how far they want to take the site
study.
7.
REPORTS
Boehm reported on the past Council Meeting in which the rezoning on the office building
and resolution for Manitou Woods took place. There was also a lengthy discussion over
expanding patrol for Lake Minnetonka. A request for more data followed.
Nielsen reported on the status of the intersection. The indication Council received from
the two liquor committees was that Tonka Bay wants to stay in the liquor store business
with Shorewood. Tonka Bay also wants to go ahead with plans for the intersection but
want an appraisal of the property and an audit of the operation performed first.
Woodruff had no report from LCEC. Their new Council liaison will be Mayor Love.
Woodruff will be the Council Liaison for the next Regular City Council Meeting.
8.
ADJOURNMENT
Anderson moved, Callies seconded to adjourn. Motion passed 6/0.
The meeting adjourned at 8:54 P.M.
RESPECTFULLY SUBMITTED,
Kristi B. Anderson
RECORDING SECRETARY
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CITY OF SHOREWOOD
JOINT PLANNING COMM.lCITY COUNCIL MEETING
TUESDAY, SEPTEMBER 19, 2000
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
The Commission toured the Shorewood Yacht Club, as described ill Item I of the Agenda, from
approximately 7:00 -7:50 P.M. this evening.
CALL TO ORDER
D r~ AFT
:. ~""~ ,
. Iii:':'.'
Chair Bailey called the meeting to order at 8:00 P.M.
ROLL CALL
Present:
Chair Bailey; Commissioners Anderson, Callies, Turgeon, and Woodruff; Council Liaison
Liz6e; and Planning Director Nielsen;
Absent:
Commissioners Boehm and Rosenberger; Councilmember Stover
Also present: Mayor Love; Councilmembers Garfunkel and Zerby
APPROVAL OF MINUTES
Woodruff moved, Anderson seconded, tabling the September 5, 2000, Planning Commission Minutes
as pages were missing in the copies distributed to the Commission. Motion passed 5/0.
STUDY SESSION
1. TOUR SHOREWOOD YACHT CLUB PROPERTY
At 7:00 P.M. this evening, the Planning Commission and members of the City Council-with the
exceptions of Mayor Love, Councilmember Stover, Commissioners Boehm and Rosenberger, attended a
tour of the Shorewood Yacht Club given by Mr. and Mrs. John Cross. Mr. Cross submitted a request for
rezoning a parcel ofland under his ownership and wanted Council and Commission to be aware of possible
changes to his business with this request. Commission noted concerns related to boat storage capacity and
parking.
2. DISCUSSION ON ZONING CODE AMMENDMENTS
Mayor Love thanked Chair Bailey and the Commission for working with Council in this Study Session. He
stated he was grateful for the opportunity to work together to better understand the goals of the zoning code
amendments and how best to work toward these goals.
A. SENIOR HOUSING DENSITY
Chair Bailey briefly reviewed the discussion the Planning Commission had related to this matter. He also
noted the numbers utilized in reducing the density requirements of the Zoning Code were related to matters
of practicality and nothing more. The Commission sited a number of locations throughout the City where a
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PLANNING COMMISSION MINUTES
SEPTEMBER 19, 2000 - PAGE 2
higher density would not be feasible due to limitations in space utilized by the kind of housing built on the
sites, rather than the recommendations in the current Zoning Code.
Commissioner Callies questioned the reason for reviewing only the density involved in senior housing
aspects of the Zoning Code. She believed the densities being discussed were appropriate for other zoning
districts as well.
Councilmember Zerby asked if comparables had been completed in other cities. Director Nielsen explained
the cities of Lino Lakes, Roseville, Champlin, and others had been contacted, and the recommendation of
six units per acre had been utilized in those cities as well.
Mayor Love commented the issue of affordability in senior housing was a concern expressed by Council in
previous discussions. He also explained the price of these homes to be market driven, and creating higher
densities, which may lower the land costs, would not effectively reduce the price. Council agreed.
B. ACCESSORY SPACE REGULATIONS
Director Nielsen provided background related to the zoning Code, noting that historically, the Code used
the definition of approximately 1,000 square feet as the equivalent for a three car garage. Over time, as the
needs of City residents changed resulting in numerous variance requests, this number was increased to
approximately 1,200 square feet, or the equivalent of a five car garage, and now existed as an ordinance in
the Zoning Code. He also noted, however, it still remained the most frequent zoning request.
Chair Bailey explained to Council the thinking behind the recommendation to amend the Zoning Code in
this area, noting it seemed to provide the City with an opportunity to deal with certain non-confonning
structures.
Mayor Love questioned the desired goal in changing the amendment. Director Nielsen explained the
purpose to be dealing with accessory space effectively and correcting non-confonning structures when an
opportunity is presented to bring them into conformance.
Councilmember Garfunkel stated his concern to be an anticipated loss of flexibility in dealing with unique
aspects of home sites in the City.
Director Nielsen explained the Commission's concern over having to make subjective and arbitrary
decisions without having the amended change.
Chair Bailey explained that the Commission viewed this as an attempt to parallel the wording in the Zoning
Code that deals with demolition of a home and at the same time, provide the City with the opportunity to
bring certain neighborhood structures into compliance.
Commissioner Turgeon commented residents will have a choice to either get rid of the non-conformity or
bring it into compliance. The ordinance would not be making that choice for them, just simply stating the
choice existed for them. She also commented the change in the ordinance would help to allow the
Commission to have more latitude in dealing with landscaping issues in setback areas.
Councilmember Zerby noted his understanding of tonight's discussion to be a need for equity between
"teardown" projects and remodeling projects as far as the ordinance was concerned. He noted he could
agree with these general goals. Mayor Love and Councilmember Lizee also agreed.
PLANNING COMMISSION MINUTES
. SEPTEMBER 19, 2000 - PAGE 3
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3. ORGANIZED GARBAGE COLLECTION
Mayor Love commented his concerns in this area to be related to the current treatment of City streets when
heavily used by garbage haulers, and matters of aesthetics.
Commissioner Turgeon explained there seemed to be a perception by the public that there are many small
garbage haulers, when in fact, there are only about three companies operating under various names.
Director Nielsen explained there seem to be a number of issues related to this topic, and there seemed to be
a question whether the City needed to be involved in this area. Also, there is residential concern for keeping
the "small guy" in business and maintaining a level of service which City residents are accustomed to
receiving. He noted the Commission had discussed utilizing a survey method to obtain information on these
issues from City residents.
Councilmember Garfunkel questioned whether it was possible to quantify an amount of money that was
necessitated for street repair due to the heavy use by garbage haulers.
Chair Bailey noted that it would make sense to obtain the economics of the situation by reviewing the
current situation versus the options of utilizing an organized garbage collection system. Then, residents
could be presented with accurate information and a reaction could be obtained from residents at that time.
Commissioner Turgeon also suggested the garbage haulers be contacted directly to detennine current
service choices and levels of service being offered to residents. Commission and Council agreed these ideas
made sense and would be investigated.
4. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
5. DRAFT NEXT MEETING AGENDA
Director Nielsen noted there would be three items on the next Planning Commission Agenda for the meeting
on October 3, 2000. Commissioner Woodruff agreed to attend the Council meeting on Septenlber 25, 2000,
as Council Liaison.
6. REPORTS
Director Nielsen reported that negotiations will be starting soon regarding the acquisition of the Gideon
Glen property.
7. ADJOURNMENT
Anderson moved, Turgeon seconded, adjourning the meeting at 9:30 P.M.
RESPECTFULLYSUBNUTTED,
Sally Keefe,
Recording Secretary
t
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.
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 Declaration of Covenants, Conditions and Restrictions,
attached hereto as Exhibit B, and made a part hereof, with the Hennepin County
Recorder.
:lJ.6A
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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 and the Declaration of Covenants,
Conditions and Restrictions for Manitou Woods Home Owners Association attached hereto, 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 9th day of .
October, 2000.
WOODY LOVE, MAYOR
ATTEST:
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
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2
MANITOU WOODS
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EXHIBIT A
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Manitou Woods
Covenants
I
MANITOU WOODS HOME OWNERS ASSOCIATION
DRAFT COpy
September 12, 2000
DeCLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR
MANITOU WOODS HOME OWNERS ASSOCIATION
THIS DECLARATION, Made on the 12th day of September, 2000, by MANITOU WOODS LLC.
(hereafter referred to as the "Declarant");
WITNESSETH:
WHEREAS, Declarant is the aNIler of the real property descrtbed 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. Declartng desires to provide for the preseNation of the values and amenities In said
community and to this end desires to subjeclthe 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. Declartng has deemed it desirable for the pieasure and recreation of said community and
for the efficient preseNalion of the values and amenities in said community to create an agency to receive
the power to attend to and effectuale policies and programs that will enhance the pieasure and value of
said community. and maintain. administer and enforce the covenants and resirtc1lons and collecl and
disburse the assessments and charges hereinafter created: and.
WHEREAS, Declarant has incorporated. under 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 premises the Declarant herebY declares that the real .
property described on Exhibit A and such additions thereto as may here3fler 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 restric1lons shalllUn
with the real property described on Exhibit A and arr{ additional property annexed thereto pursuant to the
provisions set forth in Article 11, and be binding on all parties having any rtghts. tilIe or interest In the
hereinafter described properties or arr{ parlthereof, their heirs. successors and assigns, and shall inure to
the benefit of each owner thereof
EXHIBIT B
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Manitou Woods
Covenants
2
ARTICLE 1
Definition
1. Definitions: The following worc:ls, 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 "Declaranf' 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 Lotfrom 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.
1.7 "Mortaaae" shall mean and refer t() any mortgage or other security instrument by which a Lot,
or any part thereof, or any structure thereon, is encumbered.
1.8 "Mortaaaee" 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 Yarc:l Area" shall mean and refer to that portion of a Lot not covered by Living Unit or
by a Private Common Driveway.
Manitou Woods
Covenants
1.12 "Prooertv 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
Additional Property Subiect to This Declaration
2.1 Additions to Existing Prooertv. Additional real property may become subject to this Declaration in
the following manner:
3
(a) Additions in Accordance with General Plan of Develooment. 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 ,
1998; 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
(b) Additions Authorized by Member. Additional residential property may become
subject to this Declaration upon approval of two-thirds (213) of the Members of each class of Association
Members.
2.2 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 and, 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.
.
.
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Manitou Woods
Covenants
4
ARTICLE III
Membership and Voting Rights
in the Association
3.1 Membershio. 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.
3.2 Votina Riahts. 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 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 themselves 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 31,1999
3.3 Susoension 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
Manitou Woods
Covenants
5
ARTICLE IV
Covenant for Maintenance Assessments
4. I Creation ofUen and Personal Obliaation 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 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.
4.2 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.
4.3. 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 $1,500.00.
(b)
From and after January I 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").
.
.
Manitou Woods
Covenants
6
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 above such amounts established
in paragraph (b) herein above by vote of two--thirds (213) 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.
4.4 Soecial assessments For Caoitallmprovements. 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 (213) of the votes of each class of
Members who are voting in person or by proxy at a meeting duly called for lilts purpose.
4.5 Notice of Meetings: Written notice of any meeting called for the purpose of taking any action
authorized under Section 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.
4.6, 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.
Manitou Woods
Covenants
7
4.7 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 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.
4.8 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.
4.9 Effect of Nonoayment of Assessment: the Personal ObliClation 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
govemmental authority; and,
.
(ii) The lien of any first mortgage as provided in Section 4. 11 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.
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Manitou Woods
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8
(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 attomeys' 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 any 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.
4.10 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 assess.ments 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.
Manitou Woods
Covenants
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 for the 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 Drivewav 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 tile
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.
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 Lot to file 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 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 Utilitv 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
stopcock 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.
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Manitou Woods
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10
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 Sharina of Reoair 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 bv 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 omissions.
6.4 Weatheroroofina. 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
fumishing the necessary protection against such elements
6.5 Riaht to Contribution Runs with Land. 'The right or 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
Manitou Woods
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11
ARTICLE VII
Architectural and Exterior Controls
7.1 Architectural Control and Committee Authoritv; 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 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
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
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Manitou Woods
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12
individual living Units and garages shall be the sole obligation and responsibility and expense of the
indiyidual 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.
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 (I) the
unanimous written consent of all the Owners in the buildings whose living Units are affected by such
destruction or casualty and (ii) 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.
Manitou Woods
Covenants
ARTICLE IX
Notice to First Mortgagees
9.1 Mortaagee'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 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.
13
9.3 Consent Reauired. 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 parties'
walls, or lawn maintenance as herein above set forth.
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ARTICLE X
General Restrictions. Obliaations
And Riahts 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:
(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 (I) be in
writing, (ii) 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 (iii) state that the failure of the
lessee to comply with such restriction shall constitute an event of default under
such lease.
10.2 Prohibition of Damaae and Certain Activities. Nothing shall be done or kept on
an,y Lot or any part thereof (I) 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 (ii) which would be in violation of any statute, rule. ordinance, regulation, permit or
other validly imposed requirement of troy govemmental 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 main~ained for any commercial
purposes.
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Manitou Woods
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10.4 Sians. 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.
10.5 Maintenance of Garaqes. 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 Parkina and Storaae 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 Storaae 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.
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Manitou Woods
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16
(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 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.
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 of such heretofore described persons, such
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Manitou Woods
Covenants
persons may be reimbursed by the Association for ~or any part of the cost incurred, as the Board
of Directors of the Association shall, in its sole discretion determine.
I 1.2 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 fight, 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 10 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 Aooroval. 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 or in part, by an instrument
signed by not less than seventy-five (75%) of the Lot Owners. Any amendment must be recorder.
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
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Manitou Woods
Covenants
18
.
STATE OF MINNESOTA
) 55
COUNTY OF HENNEPIN
On this 12th day of September, 2000,before me, a Notary Public within and for said County,
appeared, Roger A. Anderson to me personally known, who being by me duly sworn, did say that he is the
Manager of MANITOU WOODS LLC., that the seal affixed to the foregoing instrument is the corporate
seal and said corporation, and that said instrument was executed on behalf of said corporation by authority
of it Board of Directors and the said ROGER A. ANDERSON acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
. This document was drafted by:
Manitou Woods LLC
7415 Wayzata Blvd.
Minneapolis, MN 55426
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Manitou Woods
Covenants
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.
19
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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:
October 3, 2000
To:
Honorable Mayor and City Council Members .
. Bonnie Burton, Finance DirectorlTreasurer. ~
From:
Re:
Public Hearing to Authorize a Tax Rate Increase
For the 2000 Tax Levy, Collectable in 2001
A law passed in 1999 requires that all cities over 500 population and all counties
must pass a resolution if the levy for the subsequent year will result in a tax rate
increase. The provision is based on a Missouri law and was passed by the
Minnesota legislature in response.to concern that cities and counties were
claiming they were freezing taxes when, in fact, the levy was increasing but was
being offset by tax base growth.
Essentially, a baseline tax rate is computed based on the prior year's levy and the
current year tax base. The city council must adopt a resolution at a public hearing
if its levy will result in an increase in the tax rate over the baseline tax rate. The
resolution must be filed with the County Auditor by October 20 of each year. A
draft resolution is included in the council packet for your review. This resolution
is the same as was adopted by the city council last year for the same reason.
Please be aware that if the city files the resolution, it may still certify a final levy
that results in a constant or decreased tax rate. Therefore, it is prudent to file the
resolution by the October 20 deadline even if the City decides to certify a lower
final levy in December.
Please advise if you have questions or if I can be of further assistance.
#.
'-.1 PRINTEO ON RECYCLED PAPER
'1/ 7 /I
WOODY LOVE, MAYOR
.
CITY OF SHOREWOOD
RESOLUTION NO. 00-
A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 2000 TAX
LEVY, COLLECTIBLE IN 2001
BE IT RESOLVED by the City Council of the City of Shorewood that the county
auditor is authorized to fix a property tax rate for taxes payable in the year 2001 that is higher
than the tax rate calculated pursuant to Minnesota Statutes 204B.135 for the City for taxes
levied in 1999, collectible in 2000.
Adoption of this resolution does not prohibit the City from certifying a final levy that will result
in no tax rate increase or a tax rate decrease. .
The City Clerk is hereby instructed to transmit a certified copy of this resolution to the County
Auditor of Hennepin County, Minnesota.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 9th
day of October, 2000.
ATTEST:
BRADLEY J. NIELSEN, ACTING CITY ADMINISTRATOR
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LMCD Report
Quarter 3, 2000
1. Additional Water Patrol Deputies: In the past year, TheDistrict has received a number of
concerns by agencies and the public at large regarding the use of Lake Minnetonka, with a
common thread for the need of increased law enforcement. In a letter dated 7/24/00, the District
encouraged the 14 member cities to discuss whether they support the increase of Water Patrol
presence on Lake Minnetonka by two Deputies, for five months of the 2001 boating season and
whether they are willing to share in the costs for it. The District has received feedback from the
member communities as follows: 7 support the plan, one does not support the plan, two have
expressed concerns which the District is working to resolve, and 4 cities (including Shorewood)
have not "officially" responded. The most up to date info, dated September 12th, was sent to the
Shorewood council and stated that of the $100,000 needed for this program, 50% will come from
Hennepin County, 20% from the LMCD and 30% from the 14 Cities around the Lake.
Shorewood's proposed amount is $3286. I recommend that the Shorewood Council approve this
program. The Lake has been getting busier and busier, with the boat operators knowing less and
less. We need more enforcement to keep the Lake safer for everybody. Also, if enforcement can
nab a few more drunken boaters, our roadways will be safer. Last time the Council asked if there
were any statistics that could show activity on the lake, and the answer is "not yet." There is a
Boat Density Survey underway (see details elsewhere in this report) that will be available later
this year. The District will also be following up with the Sheriffs Water Patrol regarding
statistics on tickets, warnings, accidents, BWIs, etc. to see if such data is available and reliable.
If the Council would like more discussion on this, we could arrange for Greg Nybeck (LMCD
Executive Director) or Doug Babcock (LMCD Board Chair) or Bert Foster (LMCD Vice-Chair)
or Gabriel Jabbour (Mayor of Orono) to attend a future Council meeting or special session to
discuss.
2. Cruiser's Cove (Big Island) public safety lanes, delineated by buoys, were installed in this
area for the 2000 boating season to allow the Water Patrol better access and enhanced control of
the activities at this site. This "program" has been successful and no complaints have been
received. This program will get a more formal review at a meeting October 31st between the
LMCD, the Water Patrol and other interested parties.
3. Milfoil Management: The Harvesting Program commenced on 6/12/00 and ran through
9/1/00. The crew completed one full round of harvesting and a second round where cutting was
most needed. A new harvester arrived on 7/9/00 and expanded the fleet from four to five. Longer
work days were used this year, and the overall results are being evaluated by the Staff now.
4. Zebra Mussels. The Lake Minnetonka Citizen Monitoring team did a search for zebra
mussels and found none in the lake. Good news? Yes! But wait! Mussels have been found in the
St. Croix River as far North as Marine-on-the-St.-Croix. The river is not considered "infested" by
the DNR because they have not yet located a "viable adult population." In my opinion, zebra
mussels will be a serious problem someday, just like Dutch elm disease was and milfoil is. It's
only a matter of time before we see this near home, and we must do all we can to educate people
about this problem.
5. Update on Special Deputy Litigation: There have been a number of challenges to the
authority of Hennepin County Sheriffs Water Patrol Special Deputies on Lake Minnetonka. The
case was sent to the Minnesota Supreme Court last May and no ruling has been made. FYI, The
Supreme Court is under no time constraint to review this case.
::II 7/3
11. Web Page: FYI, The LMCD's new Web address is: http://www.lmcd.org.
6. Management Plan Projects: Three projects were initiated this summer: the Boat Density
Study, the User Attitude Survey, and the Lakeshore Inventory of Boat Storage. Data collection
for all three has been completed, and preliminary reports will be sent to the Board this Fall.
Finalized reports on these three projects will be forwarded to the member cities after the Board
has approved them.
7. On-going LicenseslPermits: The District has completed the processing of all "renewal
without change" applications for licensed multiple docks, charter boats, liquor licenses, and
special event permits. For the Council's information, there are 6 multiple dock licenses in
Shorewood: Boulder Bridge Farm, Howard's Point Marina, Upper Mtka. Yacht Club, Shorewood
Yacht Club, Mtka Portable Dredging, and the Rossberg's (private party next to Howard's Point
Marina.) Currently, the District is working on new applications submitted from the City of
Mound and Shorewood Yacht Club.
8. Shorewood Yacht Club: The LMCD reviewed this application (special density request,
multiple dock license, and variance request) during the Summer. After discussing this
at an LMCD meeting in July, the applicant agreed to work out several matters with the City of .
Shorewood before returning to the LMCD.
9. Request for No-wake Zone: The LMCD received a request from the Shorewood Yacht
Club requesting that a no wake zone be established on the South side of Frog Island in Gideon's
Bay. The request is being reviewed by LMCD Staff. If the City has a point of view on this,
please let me know.
10. Upland Farms: FYI, the Upland Farms development is West of Shorewood off Highway
7 just East of St. Boni. The 171 acre property is being converted to 13 private homes with
horse stables and possible access to Lake Mtka (via the southwest corner of Halstead's Bay). The
developer's plan is to dredge 6 Mile Creek where needed to get to the property (a half mile or so)
and then build a marina at the site where homeowners will be allowed to keep a boat. The
LMCD asked the developer to present its plans back in July. Since then, the LMCD has been
working with the DNR and the City of Minnetrista on the issues of dredging, environmental .
impact, etc. Personally, I have a huge concern about the precedent that this could establish, if it is
approved.
Please let me know your comments regarding the format, content, frequency, and level of detail
included in these reports. Thanks
Tom Skramstad
28020 Woodside Road
Excelsior, MN 55331
952-474-5374
toms@mr.net
.
LAKE MINNETONKA COMMUNICATIONS COMMISSION
2001 PROPOSED BUDGET
IJeginhlg Fund Balance
185,545
83,545
14,950
Increase (Occrcasc)
in Fund Balance
29~10S
(J 5,320)
SAZ15-
(8,265)
SUift685 .
hd1,. had BaIaa~
S21~~SO
1f7~
Lake Minnetonka Communications Commission
2001 Bu.dget Proposal
~~ Studio P....mar~i.n'
ExpeaIet 2001
2000 2000 2(100 Co~
Adol?ted 6 Mwth Actual Rmsed. Pr.po-.l
Personal Scr:Yj.~~
101 s.Ittri~ Full-time $38.000 $26,637 $ .53,000 $ 71,000
102 SaJuied Ovorti~ $0
103 Smriea PBl'l:-t;imc $17.000 55,752 S 17,_ $ 7.000
121 Pen CODt. $1.710. S982 s 2,745 . 3,6$0
122 FICA COlli\. $3.100 $2,3$8 $ 5.355 . 5,970
123 Medi~ Conl. $125 $OS ~ .
.131 Health m51lJ'anco $a,OOO SI,I64 S 3,800 . 5,000
1S1 Workcn Comp Ins. lS!I.Q $3,258 $ SOO $ 600
TolN P~nal Scniec& S59.035 ~ $ 81.~ S 93.2S0
~ .
200 Qmcc SlI.pplies $1.200 $741 $ 1,200 $ 1,200
220 l\cpair &: MBint. Su.ppJies .n.2OO $312 $ 1,200 $ 1,200
Total Supplies tt.4OO 'SI.OS3 S 2.400 a !.~o
PMr~-'lAiOl'lilll SerYieec
301 Av.di~ Fea $1,250 $819 $ 1.2SO $ 1,315
aM Lepl Fees $2.100 $0$ %,lGO $ 2,205
811 AOCC&s Conlra\)tOl1I $12,500 $5,120 $ 12.,SOO $ 12,$00
314 ),).)'l'01I Scrmcs $4$0 $0 S 4SO .$ 4.'0
318 Janitorial Services $900 $S83 $ 1,200 .$ 1,200
319 Security SetW:er. $300 $133 S 300 $ 300
Totll pror_~al S<<YiQeS m..sm ~ t t7~ S 1'7A970
Orller Servic.m and ~p
321 Te1<ephon.efCoDUmUllo:.tiona $1,800 $&77 S 1,800 .. 1,800
322 POSlap $1,000 S4S3 S 1,000 $ 1,050 .
331 Travel School. &: Co~ $1,500 $416 S 1$0 . 1,'15
S32 Milell(e $600 $363 S GOO . "0
&50 PrPttioc and Pvhlishin<< $5.300 $3.799 S 5,880 . &,800
360 Ina__ $2.500 $358 S 2,500 $ =,$00
380 UtiJiti. $4.000 $1,838 $ 4,- . t.,800
384 IWUe & RCC7CliDt CollectiOD $l~O $15 $ ue . 150
4M Mut. Repair Equip. $20.700 $2';06 $ 11,_ .. 10,000
4.12 Bailding Rent $21.000 $13;nO $ 2'7,_ t 21,54<0
413 EqWpmC'Ont l\aaW $0 $SOO S 500 .$ 600
438 Dum &: Sdbscriptioli5 $600 $265 S '" * 500
438 Property T.xet $3.700 S1,808 $ 3,700 .. 8,77$
439 CoD~ !SQQ ~S soct . 100
ToW. 0\11<< ~p a~!2a. ~ $ 9.620 a: 61_24.0
Total~ $148.255 $75.124 S tc;lJI2O $ l'14,860
Lake Minnetonka Communications Commission
2001 Budfjct P1'<Ipo...'131
ftsDcIIIIe-AdntiDbtr.ldiOD 2001
Elt,....
~ooo 2{)OO lOGO Comnftce
At.\QpWd It MODth h:mal Re'ri.M4 Propol!al
I'cnoo.l~
101 SatuKd FWt.Qcnc $4~_OOO $14,677 S Z5,2OO $ 27,000
102 Sal.nalOYlrtime $0 $0
t03 s.Wlal httotime $1.000 C~l $ 7.000 S '7.500
121 1'_ CClIIl. S2,230 $1,280 $ J.,:JUS S 1.400
122 FlCAOlal. $3.100 S%,)U S 2,4G3 S M48
1%J MedicareCaat. ms $0 s . s
13t Ht:dhblw'moe S3.000 51.164 $ 3,000 $ 5,000
1St WodcerJ ~ IDs. s~oo I!.ZH s 500 S 500
TI;Ul Paco.t SClfVi.ca ~ m.m. I 39.467 I 44..M
~
200 0ffk1e SlIppliC/l 51,200 $914 $ 1,200 S 1,2lOO
~:;!.O R.tplir & Mtlm. Sl,JppUcs !U.QQ .wA s 1.2.00 s 1.zoG
. TottI SuppUes ~ 1!2 s MOO S 2.400
ProfI!ssionat s~
301 AII.dit. Fees $1.:50 $819 S 1,150 S l~ts
304 L9I FcIIltI 5.1,900 ~.s30 s 5,800 S 5,2SO
314 h)lOU StniceI $4'0 $0 $ - $ -
3t1 JIDilorial ~ $n) $'83 $ I~OO S l.zfO
319 Secariy S~ ~ am l 5.5!1. S S80
Total~~ $7.0$0 ~ . M:iQ $ US5.
Olher~ cd. CI.aa!II!I
321 T~~~ $1,'800 ' $<191 $ UAlO S 1.,'890
322 PaUl' $1_000 $4" $ 1.000 $ t.oso
331 TnwlSdlool&~ $6.000 $14S S 6,000 S '.300
332 NiJca&e $1.800 $266 S I_ S 1.800
350 Prill&in& ID4 Publishag 51,700 $1_ S ~ $ UOO
3~~ 52,:100 $358 $ t,SOO $ 2.,500
. 380 t)iIitiCIl $2.000 $919 $ J.- S ~
3M ...." ~Colta:tiClll $120 $75 $ no $ 150
404 MUL",irEqldp. 13,000 $510 S ~- $ 3,000
412 Baildila&RaIt .,000 $4,s90 S ,"000 S ""'80
41S Equipma twat..l so $61'7 S 700 S '100
4" DuelaSa~ $),000 $9as $ 3.000 S 3_
4" fJopmyTaxes $1~ SS, S 1,)GO s 1,330
.." ~ mq JJ.Q2 s g s -
TClbl 0Iber o.r.es m.m! w.m S 34.no J ,..tft
T" B~"''''''' SlO2,'nS $41,854 S 8S;M S 9.tPS
'.....
TOTAL P. 05
Check Approval List for 10/09/00 Council Meeting
'.
Check # Vellder Name Description Check Date Invoice # Amount
28876 PERA PERA Contribution 9/26/00Pay-Emplo 9/26/00 $1,563.44
28876 PERA PERA Contribution 9/26/00Pay-City Sh 9/26/00 $1,704.94
TOTAL FOR PERA $3,268.38
28877 ICMA RETIREMENT TR ShorewoodCity:DefComp9/26/00Payro 9/26/00 $923.46
TOTAL FOR lCllfA RETIREllfENT TRUST-457 $923.46
28878 CITY COUNTY CREDIT ShorewoodCity:PayrollDeductions 9/26 9/26/00 $350.00
TOTAL FOR CITY COUNTY CREDIT UNION $350.00
28879 BIFFS, INC. Biffs-Christmas Lake Access 9/26/00 W95620 $70.26
28879 BIFFS, INC. Biffs-Freeman Park 9/26/00 W95621 $505.04
28879 BIFFS, INC, Biffs-Cathcart Rink 9/26/00 W95622 $70.26
28879 BIFFS, INC, Biffs-Manor Park Rink 9/26/00 W95623 $70,26
28879 BIFFS, INC, Biffs-SilverwoodParkRink 9/26/00 W95624 $70,26
28879 BIFFS, INC. Biffs-Crescent Beach 9/26/00 W95625 $32.58
28879 BIFFS, INC. Biffs-BadgerRink 9/26/00 W95626 $70.26
TOTAL FOR BIFFS, me. $888.92
28880 BURTON, BONNIE Mileage/Lodging MGFOA Conf 9/26/00 9/25/00 $204.01
. TOTAL FOR BURTON, BONNIE $204.01
28881 HELGESEN, PATRICIA Professional Svcs 9/21/00 9/26/00 9/21/00 $50.00
TOTAL FOR HELGESEN, PATRICIA $50.00
28882 MN CHILD SUPPORT P ChildSupport:C,Schmid-#0011211895 9/26/00 $173,51
TOTAL FOR IIfNCHILDSUPPORT PMTCTR $173.51
28883 PAZANDAK, JOSEPH Mileage 9/10/00-9/23/00 9/26/00 9/23/00 $92.76
TOTAL FOR PAZANDAK, JOSEPH $92.76
28884 TOWLE REAL ESTATE Liq#2 Oct2000 Rent 9/26/00 09212000 $4.891.44
TOTAL FOR TOWLE REAL ESTATE COMPANY $4,891.44
28887 NIELSEN, BRADLEY Reimbursement-FinDirLunch 9/28/00 $27.89
28887 NIELSEN, BRADLEY Reimbursement-Planning . 9/28/00 $19.24
28887 NIELSEN, BRADLEY Reimbursement-Supplies 9/28/00 $38.12
28887 NIELSEN, BRADLEY Reimbursement-Council 9/28/00 $131.00
28887 NIELSEN, BRADLEY Mileage Reimbursement 9/28/00 9/28/00 $469.63
. TOTAL FOR NIELSEN, BRADLEY $685.88
28888 US POSTMASTER Postage October 2000 Newsletter 9/28/00 9/28/00 $657,02
TOTAL FOR US POSTMASTER $657.01
28889 ADAM'S PEST CONTRO TREATMENT SVC 10/5/00 11182 $63.78
TOTAL FOR ADAM'S PEST CONTROL, INC $63.78
28890 AMERICAN PLANNING annual dues/publications 10/5/00 $309.00
TOTAL FOR AMERICAN PLANNING ASSOe. $309.00
28891 ANDERSON, KRISTI B. SEPT STATEMENT 10/5/00 $120,00
28891 ANDERSON, KRISTI B, SEPT STATEMENT 10/5/00 $240.00
TOTAL FOR ANDERSON, KRISTI B. $360.00
28892 AT&T WIRELESS SERV 10/5/00 $11.37
28892 AT&T WIRELESS SERV 10/5/00 $29.34
28892 AT&T WIRELESS SERV 10/5/00 $87,86
TOTAL FOR AT&T WIRELESS SERVICES $128.57
28893 BORDER BOOKSTORE LAKESCAPING BOOKS 10/5/00 29760 $17.00
TOTAL FOR BORDER BOOKSTORE $17.00
28894 C.H CARPENTER LUMB FLAGPOLE POSTS/BRICK FOR AME 10/5/00 432420 $27.91
TOTAL FOR e.H CARPENTER LUllfBER $17.91
Friday, October 06, 1000 Page 1 of7
_n_________.._
Check # Vellder Name Descriptioll Check Date Invoice # Amount
28895 CONSTRUCTION BULL FREEMAN PK WAlSW BID PUBLISH 10/5/00 CB 113783 $189.10 .
TOTAL FOR CONSTRUCTION BULLETIN $189.10
28896 DAY DISTRIBUTING 10/5/00 108321 $1,929.85
28896 DAY DISTRIBUTING 10/5/00 108478 $778.60
28896 DAY DISTRIBUTING 10/5/00 108479 $18.40
28896 DAY DISTRIBUTING 10/5/00 108479 $1,208.45
28896 DAY DISTRIBUTING 10/5/00 109006 $186.10
28896 DAY DISTRIBUTING 10/5/00 109276 $475.80
28896 DAY DISTRIBUTING 10/5/00 109277 $18.40
28896 DAY DISTRIBUTING 10/5/00 109277 $764.40
TOTAL FOR DAY DISTRIBUTING $5,380.00
28897 DEPT OF NATURAL RE PERMIT #896370 - UNDERPD WATE 10/5/00 $4.00
TOTAL FOR DEPTOF NATURAL RESOURCES $4.00
28898 EARL F. ANDERSEN, IN sign posts 10/5/00 26989 $219.12
TOTAL FOR EARL F. ANDERSEN, INe. $219.12
28899 ELKE, CATHERINE SEPT MILEAGE 10/5/00 $24.05
TOTAL FOR ELKE, CATHERINE $24.05
28900 EXCELSIOR ACE HARD LIGHT BULBS-CITY HALL 10/5/00 432963 $23.41 .
28900 EXCELSIOR ACE HARD HOSE/COUPLING 10/5/00 432964 $3.27
28900 EXCELSIOR ACE HARD BULBS-WEST WATER TOWER 10/5/00 435577 $24.53
TOTAL FOR EXCELSIOR ACE HARDWARE $51.21
28901 EXCELSIOR-CITY OF 2ND QTR SEWER RENTAL FEES 10/5/00 $3,254.09
28901 EXCELSIOR-CITY OF 1ST QTR SEWER RENTAL FEES 10/5/00 $3,254.09
TOTAL FOR EXCELSIOR-CITY OF $6,508.18
28902 FASCHING, PATRICIA MILEAGElPSTG 10/5/00 $4.30
28902 FASCHING, PATRICIA MILEAGE/PSTG 10/5/00 $7.98
28902 FASCHING, PATRICIA MILEAGE/PSTG 10/5/00 $10.10
28902 FASCHING, PATRICIA MILEAGE/PSTG 10/5/00 $10.40
TOTAL FOR FASCHING, PATRICIA $32.78
28903 FIRSTAR ACCT FEES #04000014880450 10/5/00 566510 $218.38
28903 FIRSTAR ACCT FEES #04000014906750 10/5/00 566658 $218.38
28903 FIRSTAR ACCT FEES #04000014922550 10/5/00 566857 $143.38
TOTAL FOR FIRSTAR $580.14
28904 FISCHER, MARVIN REFUND SAC CHGS-5360 VINE HILL 10/5/00 $1,100.00 .
TOTAL FOR FISCHER, MARVIN $1,100.00
28905 FRIENDS SO. SHORE S RENT FOR WINE TASTING 10/5/00 $41.66
28905 FRIENDS SO. SHORE S RENT FOR WINE TASTING 10/5/00 $41.67
28905 FRIENDS SO. SHORE S RENT FOR WINE TASTING 10/5/00 $41.67
TOTAL FOR FRIENDS SO. SHORE SR CTR $125.00
28906 GOPHER STATE ONt-C AUG SERVICE 10/5/00 80654 $33.60
28906 GOPHER STATE ONE-C AUG SERVICE 10/5/00 80654 $33.60
TOTAL FOR GOPHER STATE ONE-CALL, IN $67.20
28907 HENNEPIN COUNTY TR ROOM/BOARD AUG 2000 10/5/00 002880 $80.38
TOTAL FOR HENNEPIN COUNTY TREASURER $80.38
28908 JOHN HENRY FOSTER HYD OIL COMPRESSORS-SE WELL 10/5/00 1120046-01 $115.73
TOTAL FOR JOHN HENRY FOSTER IIfN INC $115.73
28909 KEEFE,SALLY SEPT STATEMENT 10/5/00 $120.00
28909 KEEFE,SALLY SEPT STATEMENT 10/5/00 $120.00
TOTAL FOR KEEFE, SALLY $240.00
28910 LECY CONSTRUCTION REF TREE ESCROW - 6155 MURRA 10/5/00 $21,845.46
TOTAL FOR LECrCONSTRUCTION $21,845.46
Friday, October 2000 Page 2 of7
Check # Vender Name Description Check Date Invoice # Amount
28911 LEEF BROS MATS FOR TB lIQ 10/5/00 326949 $29.24
TOTAL FOR LEEFBROS $29.24
28912 LEAGUE OF MN CITIES OCT NON-UNION DENTAL 10/5/00 2713 $39.85
28912 LEAGUE OF MN CITIES OCT NON-UNION DENTAL 10/5/00 2713 $39.85
28912 LEAGUE OF MN CITIES OCT NON-UNION DENTAL 10/5/00 2713 $74.23
28912 LEAGUE OF MN CITIES OCT NON-UNION DENTAL 10/5/00 2713 $530.53
TOTAL FOR LEAGUE OF MN CITIES $684.46
28913 MARK VII 10/5/00 167 $16.00
28913 MARK VII 10/5/00 191839 $126.00
28913 MARK VII 10/5/00 193037 $127.90
28913 MARK VII 10/5/00 193038 $1,153.55
28913 MARK VII 10/5/00 193043 $0.01
28913 MARK VII 10/5/00 193044 $336.75
28913 MARK VII 10/5/00 195509 $582.50
28913 MARK VII 10/5/00 195512 $71.15
28913 MARK VII 10/5/00 195512 $358.85
28913 MARK VII 10/5/00 195514 $231.80
28913 MARK VII 10/5/00 195515 $32.70
. 28913 MARK VII 10/5/00 196657 $71.30
28913 MARK VII 10/5/00 420 $0.65
28913 MARK VII 10/5/00 495 $4.70
TOTAL FOR MARK Vll $3,113.86
28914 MARLIN'S TRUCKING 10/5/00 8121/8156 $38.25
28914 MARLIN'S TRUCKING 10/5/00 8121/8156 $38.25
28914 MARLIN'S TRUCKING 10/5/00 8122/8157 $81.45
28914 MARLIN'S TRUCKING 10/5/00 8122/8157 $81.45
28914 MARLIN'S TRUCKING 10/5/00 8123/8158 $28.70
28914 MARLIN'S TRUCKING 10/5/00 8123/8158 $28.70
TOTAL FOR MARLIN'S TRUCKING $296.80
28915 MINNESOTA STATE TR FALL BLDG CODE SEMINAR 10/5/00 $30.00
TOTAL FOR MINNESOTA STATE TREASURER $30.00
28916 MN NCPERS - 762400 OCT PREM 10/5/00 $12.00
TOTAL FOR MN NCPERS - 762400 $12.00
28917 MN SUN PUBLICATION CUP-POLSTON GARAGE 10/5/00 360000 $50.05
. 28917 MN SUN PUBLICATION CUP-MARKJOHNSON 10/5/00 360001 $57.20
28917 MN SUN PUBLICATION REZONING-SHWD YACHT CLUB 10/5/00 360002 $50.05
28917 MN SUN PUBLICATION ORDINANCE 367 10/5/00 362376 $100.10
TOTALFOR MNSllNPUBLICATIONS $257.40
28918 NICCUM, LAWRENCE MISC PARTS/SUPPLIES 10/5/00 $5.70
28918 NICCUM, LAWRENCE MISC PARTS/SUPPLIES 10/5/00 $6.85
TOTAL FOR NICCUM, LAWRENCE $12.55
28919 O'ROURKE WELDING OXYGEN FOR WELDERS 10/5/00 20609 $46.40
TOTAL FOR O'ROURKE WELDING $46.40
28920 PAZANDAK, JOSEPH SEC 125 REIMBURSEMENT 10/5/00 $228.38
TOTAL FOR PAZANDAK, JOSEPH $228.38
28921 PETTY CASH REIMBURSEMENT 10/5/00 $34.71
TOTAL FOR PETTI' CASH $34.71
28922 PHILLIPS WINE & SPIRI 10/5/00 3224098 ($3.79)
28922 PHILLIPS WINE & SPIRI 10/5/00 3224260-262 ($13.97)
28922 PHILLIPS WINE & SPIRI 10/5/00 631236 $27.50
TOTAL FOR PHILLIPS WINE & SPIRITS $9.74
28923 POTTS, KENNETH N. SEPT SVC 10/5/00 $1,608.33
Friday, October 06, 2000 Page 3 of7
Check # Vender Name Description Check Date Invoice # Amount
TOT.4.L FOR POTTS, KENNETHN. $1,608.33
28924 QUALITY WINE & SPIRI 10/5/00 880045-00 $770.87
28924 QUALITY WINE & SPIRI 10/5/00 880045-00 $352.14
28924 QUALITY WINE & SPIRI 10/5/00 880051-00 $610.83
28924 QUALITY WINE & SPIRI 10/5/00 880051-00 $1,829.38
28924 QUALITY WINE & SPIRI 10/5/00 880059-00 $590.06
28924 QUALITY WINE & SPIRI 10/5/00 880059-00 $2,072.56
28924 QUALITY WINE & SPIRI 10/5/00 880063-00 $118.36
28924 QUALITY WINE & SPIRI 10/5/00 882520-00 $185.92
28924 QUALITY WINE & SPIRI 10/5/00 882520-00 $1,095.02
28924 QUALITY WINE & SPIRI 10/5/00 882522-00 $139.44
28924 QUALITY WINE & SPIRI 10/5/00 882522-00 $624.25
28924 QUALITY WINE & SPIRI 10/5/00 882524-00 $463.07
28924 QUALITY WINE & SPIRI 10/5/00 882524-00 $1,329.26
28924 QUALITY WINE & SPIRI 10/5/00 882551-00 $494.81
28924 QUALITY WINE & SPIRI 10/5/00 882844-00 $111.32
TOTAL FOR QUALITY WINE & SPIRITS CO $10,787.29
28925 SENIOR COMMUNITY S SEPT CLEANING SVC 10/5/00 $170.62
28925 SENIOR COMMUNITY S SEPT CLEANING SVC 10/5/00 $253.57 .
TOTAL FOR SENIOR COMMUNITY SERVICES $424.19
28926 SHOREWOOD TRUE V FAN RENTAL-CARPET INSTALLATIO 10/5/00 38192 $110.88
TOTAL FOR SHORE WOOD TRllE VALUE $110.88
28927 SWANDBY, DONALD SEPT MILEAGE/CELL PH 10/5/00 $13.05
28927 SWANDBY. DONALD SEPT MILEAGEICELL PH 10/5/00 $13.05
28927 SWANDBY. DONALD SEPT MILEAGE/CELL PH 10/5/00 $13.06
28927 SWANDBY, DONALD SEPT MILEAGE/CELL PH 10/5/00 $31.30
28927 SWANDBY, DONALD SEPT MILEAGEICELL PH 10/5/00 $31.30
28927 SWANDBY, DONALD SEPT MILEAGE/CELL PH 10/5/00 $31.30
TOTAL FOR SWANDBY, DONALD $133.06
28928 TOBACCO WAREHOUS CIGS 10/5/00 $374.22
28928 TOBACCO WAREHOUS CIGS 10/5/00 $454.41
28928 TOBACCO WAREHOUS CIGS 10/5/00 $775.17
TOT.4.L FOR TOBACCO WAREHOUSE $1,603.80
28929 TWIN CITY WATER CLI BACTERIA ANAL YSIS- AUG 10/5/00 6805 $20.00
TOTAL FOR TWIN CITY WATER CLINIC $20.00 .
28930 US FILTER DISTRIBUTI WATER PARTS 10/5/00 6725480 $101.63
TOTAL FOR US FILTER DISTRIBUTION GROUP $101.63
28931 US WEST DEX 10/5/00 00723369500 $7.14
28931 US WEST DEX 10/5/00 00723369900 $120.70
TOTAL FOR US WEST DEX $127.84
28932 VERIZON WIRELESS, B 1 0/5/00 $45.11
TOTAL FOR VERIZON WIRELESS, BELLEVUE $45.11
28933 WATERFORD CENTER OCT RENT 10/5/00 $7,345.51
TOTAL FOR WATERFORD CENTER LLP $7,345.51
28934 ALL STEEL PRODUCTS CULVERT 10/10/00 3430 $693.85
TOTAL FOR ALL STEEL PRODUCTS CO. $693.85
28935 ALLIANCE ENERGY SY GENERATOR MODIFICATIONSIFINA 10/10/00 $5,885.52
TOTAL FOR ALLIANCE ENERG.'f SYSTEMS INC $5,885.52
28936 BELLBOY BAR SUPPLY 10/10100 2907800 $89.46
28936 BELLBOY BAR SUPPLY 10/10100 2934400 $129.77
28936 BELLBOY BAR SUPPLY 10/10/00 32539800 $120.16
Friday, October 06, 2000 Page 4 of7
-
Check # Vender Name Description Check Date Invoice # Amount
28944 JOHNSON BROS L1au 10/10/00 134916-919 ($5.00)
28944 JOHNSON BROS L1au 10/10/00 135121 ($5.51 )
TOTAL FOR JOHNSON BROS LIQUOR CO. $6,690.01
28945 LAKE REGION VENDIN 10/10/00 8624 $146.00
28945 LAKE REGION VENDIN 10/10/00 8625 $151.31
28945 LAKE REGION VENDIN 10/10/00 8626 $233.60
28945 LAKE REGION VEND1N 10/10/00 8642 $146.00
28945 LAKE REGION VENDIN 10/10/00 8643 $92.91
28945 LAKE REGION VENDIN 10/10/00 8644 $204.40
TOTAL FOR LAKE REGiON VENDING $974.22
28946 MINNEGASCO 10/10/00 $9.59
28946 MINNEGASCO 10/10/00 $9.59
28946 MINNEGASCO 10/10/00 $9.59
28946 MINNEGASCO 10/10/00 $15.98
28946 MINNEGASCO 10/10/00 $15.98
28946 MINNEGASCO 10/10/00 $22.16
28946 MINNEGASCO 10/10/00 $24.87
28946 MINNEGASCO 10/10/00 $31.77
28946 MINNEGASCO 10/10/00 $60.86
TOTAL FOR MINNEGASCO $200.39 .
28947 NORTHERN STATES P 10/10/00 $260.22
28947 NORTHERN STATES P 10/10/00 $581.88
28947 NORTHERN STATES P 10/10/00 $473.58
28947 NORTHERN STATES P 10/10/00 $2,388.43
28947 NORTHERN STATES P 10/10/00 $253.36
28947 NORTHERN STATES P 10/10/00 $63.72
28947 NORTHERN STATES P 10/10/00 $34.52
28947 NORTHERN STATES P 10/10/00 $460.79
28947 NORTHERN STATES P 10/10/00 $283.62
TOTAL FOR NORTHERN STATES POWER $4,800.12
28948 OFFICE DEPOT 10/10/00 107828792 $68.71
TOTAL FOR OFFICE DEPOT $68.71
28949 ORONO, CITY OF ANIMAL CONTROL - SEPT 2000 10/10/00 1188-00 $1,427.75
TOTAL FOR ORONO, CITY OF $1,427.75
28950 PHILLIPS WINE & SPIRI 10/10/00 645630 $951.25 .
28950 PHILLIPS WINE & SPIRI 10/10/00 645631 $336.15
28950 PHILLIPS WINE & SPIRI 10/10/00 645631 $1,790.20
28950 PHILLIPS WINE & SPIRI 10/10/00 645632 $164.25
28950 PHILLIPS WINE & SPIRI 10/10/00 645632 $614.70
28950 PHILLIPS WINE & SPIRI 10/10/00 647794 $142.98
28950 PHILLIPS WINE & SPIRI 10/10/00 647794 $770.00
28950 PHILLIPS WINE & SPIRI 10/10/00 647795 $142.98
28950 PHILLlPSWINE & SPIRI 10/10/00 647795 $3,003.15
28950 PHILLIPS WINE & SPIRI 10/10/00 647796 $962.75
28950 PHILLIPS WINE & SPIRI 10/10/00 647796 $548.98
TOTAL FOR PHILLIPS WINE & SPIRITS $9,427.39
28951 SPEEDWAY SUPERAM SEPT FUEL - PW 10/10/00 $849.71
TOTAL FOR SPEEDWAYSUPERAMERICA $849.71
28952 US FILTER DISTRIBUTI WATER PARTS 10/10/00 6764990 $5.57
TOTAL FOR US FILTER DISTRIBUTiON GROUP $5.57
28953 US WEST 10/10/00 $47.36
28953 US WEST 10/10/00 $47.36
28953 US WEST 10/10/00 $87.75
Friday, October 06, 2000 Page 6 0/7
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Check # Vender Name
Description
Check Date Invoice #
28954
Amount
Friday, October 06, 2000
28955
28956
28956
28956
28957
28958
-
TOTAL FOR US WEST
VIKING LAND TREE CA BRUSH REMOVAL 10/10/00 1929
TOTAL FOR VIKING LAND TREE CARE INC
VINTAGE ONE WINES, I 10/10/00 4730
TOTAL FOR VINTAGE ONE WINES,INC.
WINE MERCHANTS
WINE MERCHANTS
WINE MERCHANTS
TOTAL FOR WINE MERCHANTS
WORLD CLASS WINES,
TOTAL FOR WORLD CLASS WINES. INC
WSB AND ASSOCIATE GIS BASE MAP REV/ENHANCEMEN 10/10/00 01074-260-1
roTAL FOR fVSO AND ASSOCIA TES
10/10/00 33643
10/10/00 33644
10/10/00 33645
10/10/00 97868
TOTAL CHECKS
$182.47
$413.00
$413.00
$149.50
$149.50
$169.45
$252.25
$86.75
$508.45
$553.56
$553.56
$270.00
$270.00
$165.831.41
Page 7
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Payroll Register
Check # Last Name First Name MI Check Amt Check Date
215899 BROWN LA WRENCE A 1,734.86 9/26/00
2]5900 BUHL SUSAN E 137.31 9/26/00
21590] BURTON BONNIE M 1,306.34 9/26/00
215902 CARIGNAN DEANN M 64.42 9/26/00
215903 CARTER CLINTON H 416.62 9/26/00
215904 CHINANDER MARY A 122.95 9/26/00
215905 DAVIS CHARLES S 985.86 9/26/00
215906 DUFFY DA VID C 169.70 9/26/00
215907 EISCHENS JAMES E 467.96 9/26/00
215908 ELKE CATHERINE M 724.36 9/26/00
215909 FASCHING PATRICIA L 712.14 9/26/00
2159]0 FLEMMING JAMES D 70.69 9/26/00
21591] GARFUNKEL JOHN J 184.70 9/26/00
. 215912 GROUT TWILA R 830.96 9/26/00
2]5913 GUSTAFSON DAVID W 174.35 9/26/00
215914 HARRIS STEVEN L 170.35 9/26/00
215915 HELLING PAMELA J 699.57 9/26/00
215916 HERMANN JOANNE C 117.74 9/26/00
215917 HIRSCH DANA M 89.47 9/26/00
215918 JOHNSON DENNIS D 1,016.07 9/26/00
215919 KALLEST AD STEPHEN N 854.38 9/26/00
2]5920 KARELS PAUL C 188.50 9/26/00
21592] LATTERNER SUSAN M 373.77 9/26/00
215922 LEDWITH JAMES R 110.94 9/26/00
215923 LIZEE CHRISTINE G 184.70 9/26/00
215924 LOVE CLIFFORD W 220.07 9/26/00
. 215925 LUGOWSKI JOSEPH P 986.33 9/26/00
215926 MARRON RUSSELL R 65.15 9/26/00
2]5927 MASON BRADLEY J 997.91 9/26/00
215928 NICCUM LAWRENCE A ] ,236.57 9/26/00
215929 NIELSEN BRADLEY J 959.05 9/26/00
215930 P AETZEL THERESE M 13.85 9/26/00
2]5931 PANCHYSHY JEAN M 1,136.49 9/26/00
215932 PAZANDAK JOSEPH E 1,292.19 9/26/00
215933 POUNDER CHRISTOPHER J ],036.79 9/26/00
215934 RANDALL DANIEL J 1,0]2.29 9/26/00
215935 SCHMID CHRISTOPHER E 496.61 9/26/00
215936 SCHNEEWIN JACQUELYN K 871.29 9/26/00
215937 STALBERGE PATRICIA A 143.93 9/26/00
215938 STOVER KRISTI 184.70 9/26/00
215939 SWANDBY DONALD R 1,108.]9 9/26/00
Page 1 of2
Friday, October 06, 2000
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.
Check # Last Name First Name MI Check Amt Check Date
\
215940 THURSTON DOROTHY M 79.65 9/26/00
215941 ZERBY MICHAEL S 184.70 9/26/00
Total of Checks $23,934.47
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Page 2 of2
Friday, October 06, 2000
,. ...
. ,FROM LARKIN HOFFMAN DALY (612) 896-3250
(FRI) 10. 6' 00 15: 30/ST. 15: 30/NO. 4260889556 P 2
MEMORANDUM
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Ano~s at Law
1500 Wells Fargo PliWl.
7900 Xerxes Avenue South
Bloomington. Minnesota 55431
Telepnonc: (952) 835-3800
FAX: (952) 896-3333
TO:
Mayor Woody Love
Members of City Council
TimothYJ.K~
October 6, 2000
FROM:
DATE:
RE:
Gideon's Glen Property Acquisition-Letter ofIntent
Please find enclosed a draft letter of intent by and between the City ofShorewood and Thomas
Simms. owner of the '"Gideon's Glen" Property. I have also included the City's appraiser's
conclusion ofvaIue of the subject property. The council will be discussing the terms of the
proposed acquisition at its meeting October 9,2000.
: :ODMA \PCDOCS\L181\622704\1
....
. ,FROM LARKIN HOFFMAN DALY (612) 896-3250 (FRI) 10. 6' 00 15: 31/ST. 15: 30/NO. 4260889556 P 3
[Shorewood Letterhead]
October 9. 2000
Mr. Thomas Sims
Re: 5620 Manitou Road
Gideon's Glen Property
Letter of Intent
Dear Mr. Sims:
The purpose of this letter is to set forth the tcnus and unden;tanding for the acquisition for the
above-referenced property by the City of Shorewood. If you find the terms acceptable, please sign the
acknowledgement below and return to the ,City. If these terms are acceptable, the City of Shore wood will
prepare a binding purchase agreement for execution.
Purchase Price: $400,000
Clo~ing: 45 days from execution of purchase agreement
Additional Terms and Conditions:
1) SUlVey by Buyer;
2) <<Taking in lieu of enllllent domain" letter from City;
3) "Thomas Sims" bench Over wetland.
It is understood this letter ofunderstandil1g is intended to express the tena,> agreed upon by the parties to
be incorporated in a binding purchase agreement
Sincerely,
Mayor Woody Love,
City of Shorewood
Thomas Sims
~ · . FROM LARKIN HOFFMAN DALY (612) 896-3250
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As the likelihood for increases in rental rates fades due to the rising amount of new construction,
investors a:l"e even more sensitive to income projections and returns.
ChanEes Occur in Fourth Ounrler
Afourth quarter 1999 survey of the two largest sectors - the Minneapoli$ eRD and the
Southwest sector - revealed significant changes for the $ix~month period between the second and
fourth quarters.
The Southwest sector outperformed the Min.tzeapolis CBD. with tenant gains of 264,962 sq. ft.
that lowered the overall wean,-" from 8.4% to 7.3%. Class A buildings posted six-month
absorption of 196.059 sq. ft.. decreasing the vacancy rate from 11.2% to 7.2%. Leasing activity
in Class B buildings totaled 68,903 sq. ft., including the additiolJ of three new1Y constructed
buildings totaling 130.500 sq. ft. However, due to their combined vacancy of 3B.2%, the lIaeancy
rate rose, from 6.8% to 7.4%.
Negative six-month absorption of 243,863 sq. ft. was reported in the Minneapolis CBD, due to
tenan.t losses in all four building classes_ The overall vacancy rate ticked up 1. J percentage
points to 7.J%. The greatest loss, of 100,533 sq. ft. was reported in Class C, followed by Class B
With negative absorption of68,081 sq. ft. Tenant relocations in Class A totaled 65,984 sq.jt.
while Renovated buildings reponed minimal negative absorption 0/9.265 sq. ft.
SW Mark2t Sector # of Average
Buildings Net Rent
Class A. 10 $15.85
Class B JJ9 $J2.56
Net Rent Range
$/2.50-$18. SO
17.So-S17.50
Average
Propmy Tax
$5./4
S3.05
Average Total
.Expenses
$J '.32
$8.00
Site Valuation
The land value estimate is documented by recent sales of comparable sites in the subject
neighborhood and BUn"Ounding area of the subject property. A comparison has been made on the
basis of the subject property having a highest and best use ifvacant for light industrial
development. This is similar to that of the co.D:lparable properties. In establishing a basis for
value, the major characteristics of a site that require analysis include:
1. Phy:sical characteristios: size, shape, dimensions, topography, drainage, bearing
capacity and permeability of the soil.
Page 17
i . ':FROM LARKIN HOFFMAN DALY
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(FRI) 10, 6' 00 15: 31/81 15: 30/NO, 4260889556 P 4
2.
Zoning and other public controls: use restrictions, structural restrictions, setback
requirements, height limitations, on-site parking requirements, safety
requirements and :fire code requirements.
Title limitations: liens, easements, special assessments and covenants.
Access (location): transit. highway, visual access, electricity, fire and police
protection, availability, capacities, and costs.
Availability: price, financing terms.
3.
4.
5.
Severa1land we.s were researched. All comparable land sales are deemed to be in the same
competitive environment as the subject property and are adjusted for their superior and inferior
characteristics. In addition a subdivision analysis for the residential portion of the subject was
performed The restricted fonnat of the appraisal report has the raw data and analysis within my
work .file. A3 was previously stated, the report format can be changed to a self contained or
summary report at the request of the client
The land value estimate for the subject is $2.25 per SF for the commercial portion, $1.25 per SF
for the residential portion and $ .35 per SF for the wetlands area.
DescriptioD/ Area
Rate per SF
Extension
Front Commercial PortioJJ!160,240 SF
Rear Residential Portion/87,120 SF
$2.00
51.40
$320,480
$121,968
Wetlands Areal14,OOO SF
$.35
$4,900
Rounded Total
$447,000
The value conclU3ion of$447,OOO is based upon my per50nal inspection and review of the
property, comparable sales, and application of the appraisal process.
Respectfully Submitted,
~~~
Page 18