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071299 CC Reg AgP .'" ., ... 'J , . " . "7"~1 . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 12, 1999 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Love _ Stover Garfunkel Lizee Zerby _ B. Review Agenda 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes June 28, 1999 (Att.-#2 Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion To Adopt A Resolution Accepting Improvements - Mary Lake Woods (Att.-#3A Proposed Resolution) B. A Motion to Adopt a Resolution Accepting Public Improvements and Authorizing Pinal Payment for City Project 95-17, Strawberry Lane Improvement Project (Att.- 3B Engineer's Memorandum & Proposed Resolution) C. A Motion to Adopt a Resolution Approving a Conditional Use Permit and Setback Variance for Accessory Structure Over 1,200 Square Peet (Att.-#3C Proposed Resolution) Applicant: Ron Lind Location: 26400 Strawberry Court NOTE: Give tl.e public an opportunity to request an item be removedfrom the ConsentAgend4. Comments can be taken or questions askedfoUowing removal from Co~ent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PLANNING - Report by Representative A Motion Approving a Declaration of Covenants - Shorewood Ponds (Au.-#5 Planner's Memorandum) ....) /. , .~.. CITY COUNCIL AGENDA - JULY 12, 1999 PAGE20F2 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO ACCEPT PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR NOBLE ROAD IMPROVEMENTS (Att.-#6 Engineer's Memorandum & Proposed Resolution) 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO ACCEPT PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR SENIOR CENTER DRAINAGE PROJECT (Att.-#7 Engineer's Memorandum & Proposed Resolution) 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION TO ACCEPT PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR OLD MARKET ROAD RETAINING WALL PROJECT (Att.-#8 Engineer's Memorandum & Proposed Resolution) 9. CONSIDERATIONS REGARDING TOBACCO RETAILERS A. A Motion Regarding Licensing of Tobacco Retailers (Att.-#8A StaffMemorandurn) B. Review of a Draft Ordinance Amendment Regarding Chapter 302 - Sale of Cigarettes (Att.-#8B Draft Ordinance) 10. ADMINISTRATOR & STAFF REPORTS Staff Report on Dog Bite Complaints 11. MAYOR & CITY COUNCIL REPORTS Discussion of Liaison Appointment to the Housing Committee 12. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS (Att.-#ll) }- f) /-fj, J t' y, CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNESOTA 55331 TELE: 612-474-5233 COU~iCIL CORnESPONDEMCE June 28, 1999 Date: ,-:::;::- ~ Ii "'!! F \R : :.i~\E(G,r;;,.Jl'.~ ~; '\ I -.-- . , . . . ~ . ' " "'Ct.C' i \ lln\ j\;\'l 2 ,j ~'d'J":J I , \U U \ l \ j By = - James C. Hurm City Administrator 5755 Country Club Road Shorewood, Minnesota 55331-8927 Dear Jim: As you know as banker for our ISTEA project, the City of Excelsior is looking into the feasibility to extend the streetcar line that exists on about 0.6 miles ofHCRRA right-of-way in Excelsior. The City Council has created a Streetcar Extension Special Committee to make recommendations about whether to proceed with the grant 'and if so, what route should be chosen for the extension. The grant was awarded based on a proposal to create a loop for the streetcar by installing tracks on City streets. Several people in the community have questioned whether this is the best route to provide a more meaningful ride that what is possible today. In discussions with MnDOT staff administering the grant, it may be possible to extend the tracks instead along the HCRRA trail, provided that an intermodal transfer (from streetcar to the steamboat Minnehaha, and vice versa) can be made conveniently. Rather than a loop route, it would follow a linear path. Committee members, on behalf of the City, wish to ask what interest and support there are among our neighboring communities about extending the streetcar further some time in the future. A Smithtown Crossing to Cottagewood line may be possible. To do so would likely - mean a joint ISTEA (or itA-21) grant application submitted by several cities: Please let me know of Shore wood's response to such a concept. Thanks! Sincerely, -div il To: Mayor and City Council James C. Hurm, City Administrator From: Teri Naab, Shorewood Executive Secretary/Deputy Clerk Date: July 12, 1999 Re: Update on Research Regarding Special Legislation To Change to Ward System of Government Upon a recommendation of Hennepin County Elections, I spoke with Ann Higgins at the League of Minnesota Cities. She felt that the City of Shorewood is far too small to divide into wards, and she added the only way it might be feasible would be to divide into two wards, each with a representative, and the remainder of the council be at large thereby providing candidates to represent a greater part of the populace. (FYI: During the 1998 General Election there were 4,671 registered voters.) Ann noted the law prescribes that only a charter city can utilize the ward system, therefore by asking for special legislation we would be requesting a very unique situation and something outside what the current law allows. She stated that the city would need to present very good reasons for the request. She referred to three cities, who in the most recent past had considered becoming a charter city, but did not end up following through on it for reasons unknown. Those cities are Eden Prairie, Eagan and Burnsville. She added, the process is quite involved. Ann stated that there are a few statutory cities within the State that are currently under a ward system, however they were grandfathered in that status prior to the changes with regard to structuring local units of government that took place in the 1970s. She suggested that if the Council wishes to pursue this request, one of the following persons should be invited to either discuss the issue with the Council as a whole or a representative(s): Stan Pesgard, formerly a staff member at the League; Duke Addicks, currently an attorney with the League; or Dave Kennedy from Kennedy and Graven. She felt all three of these gentlemen were most knowledgeable about city forms of government and interaction with the Legislature and might be best to help guide your decision. r. To: Tobacco Retailers in Shorewood From: James C. Hurm, City Administrator Date: July 13, 1999 Re: Notice of Meeting on City Retail Tobacco Sales Ordinance The Shorewood City Council will consider adoption of an ordinance regarding the sale of tobacco products and licensing requirements at their regular meeting to be held August 23, 1999. The meeting begins at 7:00 p.m. and will be held in the City Chambers at the Shorewood City Hall, 5755 Country Club Road, Shorewood, MN 55331. A copy of the draft ordinance is attached for your review. All written comments should be received by Noon, August 16. Testimony will also be taken during the meeting on August 23. In response to the state law (Session Laws Chapter 227) passed in 1997, the City has decided to license tobacco retailers at the City level opposed to allowing the County to take over the responsibility. The draft ordinance also establishes an annual licensing fee of $250.00 to cover the cost of licensing, inspections, and enforcement. This fee is comparable to other cities in Hennepin County and other counties in Minnesota. The licensing fee will also be under discussion at the August 23 meeting, and will be established upon adoption of the ordinance. Contact us via one of the following methods with comments or questions: Send a Letter: City of Shorewood OR 5755 Country Club Road Shorewood, MN 55331 Fax: 612-474-0128 E- mail: city hall @cLshorewood.mn.us OR Call: 612-474-3236 ~ .. List of Suspected or Known Tobacco Retailers in the City of Shorewood 7/13/99 Driskills, Village Shopping Center, Highway 7 Snyder Drug, 23620 Highway 7 Shorewood Municipal Liquor Stores: 23730 Highway 7 19905 Highway 7 Oasis Market, 24365 Smithtown Road Total Gas Station, 5680 County Rd 19 Holiday Gas Station, 19955 Highway 7 American Legion, 24450 Smithtown Rd Howard's Point Marina, 5400 Howard's Pt Rd Camp Coffee, 19215 Highway 7 Hilltop Family Restaurant, 727 Water Street Minnetonka Country Club, 24575 Smithtown Road 474-7310 474-1149 470-0491 470-8655 474-3982 474-4464 470-9663 470-4592 474-5222 Donation of Sick Leave: With the express written approval of the City Administrator, City employees having accrued sick leave will be allowed to donate a portion of such accrued sick leave to fellow employees experiencing disease or condition suffered by the employee, spouse, children or stepchildren of either husband or wife. The donation of sick leave from one employee to another shall be optional and be subject to the following terms and conditions: 1. An employee will be eligible to receive donated sick leave only after all accumulated sick leave, vacation leave, and compensatory time have been used by the employee. 2. No employee will be allowed to receive more than twenty (20) days of donated sick leave for any single disease or condition without the express written approval of the City Administrator. 3. Employees must have over 80 hours of accumulated sick leave to be eligible to donate. Sick leave may be donated according to the following schedule: Sick Leave Hours Accumulated bv Donor <=80 88 to 120 121 to 160 161 to 200 201 to 240 241 and over Hours Allowed Per Year o 8 16 24 32 40 Sick leave must be donated in hourly increments. Employees may donate sick leave to more than one employee in a given year, with a maximum donation of 40 hours per donee per year. 4. A written request to donate sick leave must be made to the City Administrator on forms designated by the City for this purpose. 5. The City Administrator shall have the right to deny use of donated sick leave or limit its use as shall be determined in the best interests of the City of Shorewood. 6. If the hours donated to the employee is in excess of the number of hours needed, the unused hours will be pro-rated back to all donors. Hours donated and used by the employee are not considered a loan, but rather are donated and are not to be returned to the donor. 7/1/99 . ~ ,-.~ ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood. cityhall@shorewood.state.net Executive Summary Shorewood City Council Regular Meeting Monday, July 12, 1999 The Council will meet in Executive Session at 6:15 n.m. to review several legal matters with the City Attorney. The Council will meet for their regular meeting at 7:00 p.m. in the Council Chambers. Agenda Item #3A: The public improvements for the Mary Lake Woods Subdivision (off Country Club Road) have been completed and are ready for the City's acceptance. Staff is recommending approval of the resolution which accepts the improvements and releases the letter of credit . , ! i Agenda Item #3B: Strawberry Lane has been completed for some time. Staff was awaiting final papers to be filed by the contractor and that has been completed. Therefore, Staff is recommending approval of the resolution which accepts the project and authorizes final payment to Hardrives, Inc. Agenda Item #3C: At its last meeting the City Council directed staff to prepare a resolution approving a conditional use permit and setback variance which will allow Ron Lind to build an accessory garden. shed on his property at 26400 Strawberry Court. Adoption of the resolution requires a four-fifths vote by the Council. Agenda Item #5: Included in the packet is the proposed draft of the Declaration of Covenants for the Shorewood Ponds senior housing project. Staff suggests several technical revisions to the declaration, including, but not limited to: 1) no encroachment of decks, patios, etc. into the common area; 2) modification of the senior housing restrictions to be consistent with the Code; 3) provision requiring City approval of amendments to the declaration; and l". PRINTED ON RECYCLED PAPER .. Executive Summary - City Council Meeting of July 12, 1999 Page 2 of2 4) adding the City as a signatory to the declaration. This action requires a simple motion approving the declaration subject to the recommendations of staff. Agenda Item #6: This resolution accepts the plans, specifications, and estimate for the Noble Road Reconstruction Project. The Senior Center Drainage and Edgewood Road Watermain Projects have been included in the same package. This has been done for economy of scale and to meet schedules. Staff recently learned that the petitioners on Edgewood Road are likely not to proceed with the watermain project. Thus, for the bid documents this item will be deleted from the bid schedule. Staff is recommending approval of the plans, specifications, and estimate for Noble Road Reconstruction project and authorizing advertisement for bids. Agenda Item #7: This resolution approves plans, specifications, and engineer's estimate for the . senior center drainage remedy, installation of a hydrant assembly, and placement of the final bituminous wear course. The estimated cost of construction is $43,679.40. Staff is recommending that the plans, specifications and estimate be approved, and bid in conjunction with the Noble Road Project. Agenda Item #8: The retaining wall along Old Market Road has failed structurally. The second tier of the wall is a timber wall, and bulged out and is being restrained by the safety system built into the wall. Due to the height of the wall, it is best that a new will be constructed in front of the existing second tier. Estimated construction costs are $39,210. MSA funds. Due to the severity of the failure, staff proceeded right to design and is seeking authorization to approve plans, specifications, and engineer's estimate and authorize advertisement for bid. Agenda Item #9: Included in the Council packet is a cover memorandum and a draft ordinance .. for the City to take over the licensing of tobacco retailers within the City. We recommend we do so and charge a $250 license fee which is typical of Hennepin County. If Council gives direction at this meeting, it will give us an opportunity to place information in the next monthly City newsletter and notify the potential licensees before final action is taken by the Council in August. Agenda Item #10: It is likely that the Lake Minnetonka Area Cooperating Cities Group will sponsor several more meetings regarding the affordable housing issue. The chair of the group is asking the City to designate one or more persons to work with their City Administrator and attend any future meetings. It is my understanding that Paula Callies has indicated an interest in attending future meetings at the Planning Commission level. The city Council might wish to indicate who I should contact for future meeting at the Council level. Following the regular meeting, the Council will meet in work session format to review the wage and salary chart recommendations of the City Administrator. . . CITY OF SHOREWOOD CITY COUNCIL MEE1;'ING MONDAY, JUNE 28, 1999 CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING D, t) l'FT ' ii~l'\ '. ' Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; City Engineer Brown, Planning Director Nielsen, and City Attorney Keane. B. Review Agenda Garfunkel moved, Stover seconded to accept the agenda as amended: Table Item 3C on the Consent Agenda. Motion passed 5/0. C. Presentation to Dennis Johnson for 25 Years of Service Mayor Love presented an Appreciation of Service Certificate to Mr. Dennis Johnson for 25 years of service. Mr. Johnson thanked Engineer Brown and all others who were a help to him in the last 25 years. Engineer Brown also commended the work Mr. Johnson has done over the years. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes - June 14, 1999 Garfunkel moved, Stover seconded to approve the City Council Special Meeting Minutes of June 14, 1999 as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes - June 14, 1999 Garfunkel moved, Zerby seconded to approve the City Council Regular Meeting Minutes of June 14, 1999 as presented. Motion passed 5/0. C. City Council Work Session Meeting Minutes - June 14, 1999 #2. , << CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 2 Lizee moved, Garfunkel seconded to approve the City Council Work Session Meeting Minutes of June 14, 1999 as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Stover seconded approving the Motions contained on the Consent Agenda as presented, and Adopting the Resolutions therein: A. A Motion Authorizing Extension of Contract and Increase in Fees for Assessing Services From Hennepin County B. A Motion to Adopt RESOLUTION NO. 99-044. "A Resolution Authorizing the City to Become a Member of the LOGIS Group." TABLED TO JULY 12, 1999 COUNCIL MEETING C. A Motion to Adopt a Resolution Accepting Public Improvements and Authorizing Final Payment for City Project 95-17, Strawberry Lane Improvement Project . Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were none at this time. 5. PARKS - Report by Representative A. Report on Park Commission Meeting - June 22, 1999 Commissioner Puzak reported on the Park Commission meeting held on June 22, 1999 as reported in the minutes, highlighting the fact that the meeting was a joint Park Commission - City Council meeting. . B. Consideration of a Motion to Adopt a Resolution Declaring a Community Blitz for Support of Park and Recreation Projects Mayor Love stated that this may not be a good time to vote on this issue, as the joint meeting was not fully advertised. It was publicized enough for legalities, but Mayor Love felt that the public did not have a chance to be present and offer input. Councilmember Garfunkel agreed, stating that he did not know this meeting took place until several days afterwards. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 3 Lizee moved, Zerby seconded, to schedule another joint meeting with the Park Commission on their regular meeting day, which is July 13, 1999, to begin at 8:00 p.m. Motion passed 5/0. 6. PLANNING - Report by Representative Commissioner Skramstad reported on the Planning Commission Meeting of June 22, 1999 as reported in the minutes. A. Consideration of a Motion to Adopt a Resolution Approving a Final Plat and Final Plan - Shorewood Ponds . Planning Director Nielsen reported that, while there are a few technical blanks and clerical changes to the draft agreement, the substance of the agreement is in order. Also, the Declaration of Covenants has been received by staff, but has not been reviewed as yet. Staff recommends approval of the agreement, subject to review of, and agreement with, the Declaration of Covenants. Councilmember Garfunkel stated he would prefer all documents be completed before voting on this issue, and asked if there is a time constraint. Mr. Bill Gleason of Eagle Crest Development addressed the Council regarding the Declaration of Covenants, and stated that in most cases this document is presented after the plat approval. Councilmember Garfunkel stated his concern that he is being asked to cast a vote on documents he has not yet seen. . Mr. Gleason pointed out that the City Council would still have the power to change the Covenants if they saw the need. As far as time constraints, a delay would negatively impact Eagle Crest's ability to adhere to the agreed upon construction times. Councilmember Stover asked if the final plat could be approved, and the Covenant considered later. Attorney Keane stated that this would not be a problem. CounciImember Garfunkel maintained that there are a lot of unresolved issues, and he would like to see everything done in a complete and orderly fashion. Some of the documents still have blanks on them. Mr. Gleason stated that those blanks are numbers that the City has to calculate, such as Park Dedication Fees and so on. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 4 . Councilmember Lizee asked if the Schedule of Work in the Agreement (Page 3) put undue stress on Eagle Crest to meet the dates. Mr. Gleason stated those dates could still be ,met since the project has been scheduled to meet them. The only question is whether the limdscaping will be completed by October 31, 1999. But, the construction and roads should be done. Mr. Gleason summarized the additional work that needs to be done by Eagle Crest in order to finalize the plat and plan. Councilmember Zerby stated that the blanks in the agreement seem to be in order with staff expectations, but would like to see the Covenants, and suggested any motion made be contingent upon City Council acceptance of them. Lizee moved, Stover seconded a motion to adopt RESOLUTION NO. 99-045. "A Resolution Approving a Final Plat and Final Plan - Shorewood Ponds," as amended by staff and with a notice that the Declaration of Covenants is subject to staff and City Council approval at a reasonable date. Motion passed 4/1 (Garfunkel opposed). . B. Consideration of a Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit and Setback Variance for Accessory Structure Over 1,200 Square Feet Applicant: Ron Lind Location: 26400 Strawberry Court Planning Director Nielsen summarized the request from Mr. Lind to build a utility shed. Staff recommends approval and the Planning Commission recommended approval on a 5- 2 vote. Councilmember Zerby pointed out that it seems the conditional use, specifically for accessory structures over 1,200 square feet, comes before the Council quite often, and asked if the Ordinance should be looked at. . Planning Director Nielsen stated that this has been discussed, but consensus was that there are enough instances where the Council would like input on accessory structures over 1,200 square feet, so leaving the Ordinance as is seems to be the best course. Stover moved, Lizee seconded a motion to direct staff to prepare findings of fact regarding a Conditional Use Permit and Setback Variance for accessory structure over 1,200 square feet for Mr. Ron Lind, 26400 Strawberry Court. 'Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 5 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR W A TERMAIN EXTENSION - EDGEWOOD ROAD Engineer Brown reported on the request for water service by three residents of Edgewood Road. This ,project would be done in conjunction with the Noble Road reconstruction project, to keep the cost down on this fairly small project. Mayor Love pointed out that this petition is 100% of the residents, as pertains to the discussion of the water system at the last City Council Work Session. Council member Lizee expressed concern that this might lead to many small sections of watermain being installed as neighborhoods request, rather than a more cost effective way. . Garfunkel moved, Stover seconded a motion to adopt RESOLUTION NO. 99-046, "A Resolution Declaring Adequacy of Petition and Ordering Preparation of Plans, Specifications and Estimates for Watermain Extension - Edgewood Road." Motion passed 5/0. 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BOULDER BRIDGE/BADGER FIELD W A TERMAIN PROJECT #95-16 AND AUTHORIZE FINAL PAYMENT Councilmember Lizee thanked Engineer Brown for following through on this project. . Garfunkel moved, Zerby seconded a motion to adopt RESOLUTION NO. 99-047, "A Resolution Accepting Boulder Bridge/Badger Field Watermain Project #95-16 and Authorize Final Payment." Motion passed 5/0. 9. CONSIDERATION OF A REQUEST FROM MULLIGANS LANDSCAPING REGARDING TREE PRESERVATION PLAN Planning Director Nielsen reported on the request from Mulligans Tree Moving and Landscaping Company to allow them to plant additional trees rather than replace some undersized trees. He explained there is some concern on this project that there may not be room for enough additional trees at the specified site. Councilmember Lizee mentioned the Tree Fund that has been discussed by the Planning Commission, and the option of planting some of the additional trees at other locations in the City. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 6 Planning Director Nielsen stated that if suitable locations can be found on site, that would be the primary choice. If not, putting the trees on specified City land is an acceptable substitute. Stover moved, Garfunkel seconded a motion approving a request from Mulligans Landscaping regarding their Tree Preservation Plan. Motion passed 5/0. 10. CONSIDER A MOTION REGARDING APPEAL OF NOTICE TO REMOVE Appellant: John Pastuck Location: 20345 Excelsior Blvd. Planning Director Nielsen reported that Mr. Pastuck has ordered collector plates for the car in question, and Nielsen has requested that he provide documentation in proof that these plates will be sent. The five days requested by staff should be sufficient to clean up the other items on the property, and provide this documentation, or move the car. . Garfunkel moved, Stover seconded a motion to grant an additional five days for removal of items, and proof of application for collectors plates, for Mr. John Pas tuck, 20345 Excelsior Blvd. Motion passed 5/0. 11. CONSIDERATION OF A MOTION APPROVING AMENDMENT TO PERSONNEL POLICY REGARDING DONATION OF SICK LEAVE Engineer Brown reported on the needs of Mr. Jeff Jensen, who was seriously injured in an automobile accident. Staff requests the ability to donate sick leave to Mr. Jensen on a voluntary basis, as he has used all of his. Council member Garfunkel stated that this time is earned by the employee to do with as they see fit, including giving it away. . Engineer Brown stated that the only "stumbling block" may be the accounting. Planning Director Nielsen stated that he had spoken with Finance Director Rolek, who provided answers as to how this would work, and he also has obtained some information from other cities in regard to implementing a policy of this type. Councilmember Zerby asked about Short Term Disability Insurance, and whether this is available to City employees. Also, Zerby expressed concern that sick time may be used as trade tokens among employees. Planning Director Nielsen stated that staff is aware that this is a special case, and also aware that abuse of the right would lead to losing it. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999. PAGE 7 Mayor Love agreed that the Short Term Disability Insurance issue needs to be looked.into in the future, but right now there is an employee in need. Stover moved, Lizee seconded a motion to approve a temporary amendment to personnel policy regarding donation of sick leave, to cover the next six weeks, and authorization for a letter of agreement with A.F.S.C.M.E., the bargaining unit for the Public Works Department. Motion passed 5/0. 12. ADMINISTRA TOR & STAFF REPORTS A. Staff Report on Methods of Handling Dogs with Bite History . Planning Director Nielsen reported ona background check done regarding biting dogs - 28 complaints since January, 1995. There was also, one case from Orono Animal Control since January, 1998 and one from Chanhassen Animal Control prior to that. Police reports on these complaints have been requested. Also, education may be the best first approach to take, and a newsletter article may help to gauge interest or concern on this subject. Council member Lizee asked who determines the registration and ultimately the fate of dangerous dogs. Attorney Keane replied that county governments generally make the policy. B. Staff Report on Request for Cat Ordinance Planning Director Nielsen reported on the letter received from a citizen questioning why cats are not licensed when dogs are. In neighboring cities, licensing cats or having an ordinance seems to be a growing trend. . Mayor Love asked if there have been many complaints regarding cats at large and if Shorewood would need an ordinance to address the problem. Planning Director Nielsen stated that the complaints have been sporadic at best, and an article in the newsletter may help gauge interest or concern. Engineer Brown pointed out that many complaints come when a dog owner is upset about dog regulations. Councilmember Stover stated she has received numerous complaints and asked if there would be any way to implement a control ordinance for cats. Planning Director Nielsen stated that Chanhassen's policy seems to be fairly easy to implement, and would be the best to study. CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999 - PAGE 8 Council member Zerby questioned why cats are not licensed, or if there are any ordinances that cover loose animals in general, cats or any other loose animal. Mayor Love .stated that he is not compelled on an issue of fairness of cat owners versus dog owners but felt a nuisance problem would be a concrete reason to discuss this issue. Council member Garfunkel suggested monitoring complaints over the next 6 months to see how many complaints and how much concern exists on this subject. .13. MA YOR & CITY COUNCIL REPORTS A. Establish Work Session Meeting Date to Discuss Water Policy Planning Director Nielsen presented a memo from Jim Hurm which includes items that need work sessions. Discussion led to the following dates: 1. 2. 3. Pay Scale - July 12, 1999, after regular meeting. City Water Policies - July 19, 1999 at 6:00 p.m. Administrator Evaluation with Tom Allen - Mayor Love and Council member Lizee are to meet with Mr. Allen to discuss. . B. Discussion on Council Photo Display and Art Work for Chambers Council member Lizee summarized her suggestion in making the City Hall more "people friendly" by including historical photos, and a community art gallery setting featuring local artists. Consensus was reached that this was a wonderful idea and for CounciImember Lizee to continue to gather information and move forward with this idea. Councilmember Lizee agreed to move forward with the project, and indicated she will report back to the Council. . CITY COUNCIL REGULAR MEETING MINUTES JUNE 28, 1999. PAGE 9 14. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Garfunkel moved, Stover seconded to Adjourn at 8:45 p.m. subject to approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED. Kristine Kitzman, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: WOODY LOVE, MAYOR . JAMES C. HURM, CITY ADMINISTRATOR . . . . CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: FROM: DATE: Mayor and City Council James Hurm, City Administrator ~ Larry Brown, Director of Public Works July 7, 1999 RE: Consideration of a Motion to Adopt a Resolution Accepting Public Improvements - Mary Lake Woods Subdivision The Developer's Engineer for the Mary Lake Woods Subdivision has certified that the sanitary sewer, watermain, storm sewer and roadway improvements have been completed according to the approved plans and specifications. Staffis recommending approval of the resolution, which accepts the public improvements and releases the letter of contingent upon the following items: 1. The Developer's Engineer shall submit to the City of Shore wood 3 sets of black-line prints and 1 set of mylar originals of the asbuilt drawings, which are to be reviewed and approved by the City Engineer. 2. The Developer shall furnish the City of Shorewood with a warranty bond for the public improvements for a period of two years from the date of the resolution. n ~J PRINTED ON RECYCLED PAPER 3~. CITY OF SHOREWOOD RESOLUTION NO. 99-_ A RESOLUTION ACCEPTING STREETS, SANITARY SEWER, AND STORM SEWER IN THE PLAT OF MARY LAKE WOODS SUBDIVISION WHEREAS, on July 22, 1998, the City of Shorewood entered into an Agreement with Jim and Kathhlyn Wyman for the development of certain property known as Mary Lake Woods; and WHEREAS, Paragraph 2 of said Development Agreement provided for the Developer to construct and install certain enumerated improvements within the plat of said property, which improvements included streets, sanitary sewer, storm sewers and concrete curb and gutter; and WHEREAS, Paragraph 16 of said Development Agreement provided for such improvements to be subject to a final inspection by the City Engineer; and WHEREAS, Paragraph 17 of said Development Agreement provided for the conveyance of said improvements to the City by the Developer and for the acceptance by the City of such improvements; and . WHEREAS, the developer has completed construction and installation of the street, sanitary sewer and storm sewer, and such improvements have been inspected by the City Engineer and found to be in compliance with the applicable plans and specifications, and WHEREAS, the Developer is desirous of conveying said improvements to the City and the City is desirous of accepting said improvements from the Developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofShorewood as follows: 1. That the City hereby accepts from the Developer the street, sanitary sewer and storm . sewer in the plat of Mary Lake Woods, contingent upon 3 sets of black line prints and 1 set of mylar originals of the asbuilt condition of the public improvements be received, reviewed and approved by the City Engineer. 2. That the Developer shall cause a maintenance bond to be furnished naming the City as obligee for the full cost of the street, sanitary sewer, watermain and storm sewer to be in effect for a period of two years from the date of acceptance hereof 3. That the irrevocable letter of credit shall be reduced in the amounts associated with the construction of public utilities and streets, excepting wetland monumentation. . . 1999. ATTEST: ADOPTED BY THE CITY COUNCIL of the City of Shore wood this 12th day of July, WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128. www.state.net/shorewood.cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council James Hurm, City Administrator Larry Brown, Director of Public Works ~ July 7, 1999 FROM: . DATE: RE: Consideration of a Motion to Adopt a Resolution Accepting Public Improvements - Strawberry Lane Pavement Reclamation Project City Project 95-17 The final punch list items and filing of contract documents have been completed for the Strawberry Lane Pavement Reclamation Project. It is certainly worth mentioning that Hardrives, Inc. was very successful in completing this project. Staff has received several comments from residents along the project stating that the workers were very courteous and attentive to the day to day needs of the motorists in the area. Hardrives is to be commended for completing the project within budget and on time. . Staff is recommending approval of the resolution which accepts the public improvements and authorizes final payment to Hardrives Inc. in the amount of$5,867.95 subject to the following items: 1. The Contractor shall furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must show that they have complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the Contract have been fully paid or satisfactorily secured. ft \,.1 PRINTED ON RECYCLED PAPER 3b. CITY OF SHOREWOOD RESOLUTION NO. 99-_ A RESOLUTION ACCEPTING THE STRAWBERRY LANE PAVEMENT RECLAMATION PROJECT AND AUTHORIZING FINAL PAYMENT, CITY PROJECT NO. 95-17 WHEREAS, the City of Shorewood has entered into a contract with Hardrives Inc. for City Project No. 95-17, Strawberry Lane Pavement Reclamation Project, and; WHEREAS, the Contractor has petitioned for final acceptance of the project and final payment based on work performed to date; and; WHEREAS, the Project Manager has made a final inspection of the project and recommends acceptance and final payment be made by the City. . NOW, THEREFORE BE IT RESOLVED that: The City hereby does accept the work completed pursuant to said contract and authorizes final payment to the Contractor, and the one year guarantee shall commence as of the date of this resolution, subject to the following items: 1. The Contractor furnish the City a one year maintenance bond pursuant to the contract. 2. The Contractor must make satisfactory showing that he has complied with the provisions of Minnesota Statutes 290.92 requiring withholding of State Income Tax. 3. Evidence in the form of an affidavit that all claims against the Contractor by reasons of the Contract have been fully paid or satisfactorily secured. . July, 1997. ADOPTED by the City Council of the City of Shore wood this 12th day of WOODY LOVE, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR . . . CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND SETBACK VARIANCE FOR ADDITIONAL ACCESSORY SPACE TO RON LIND WHEREAS, RON LIND (Applicant) is the owner of real property located at 26400 Strawberry Court, in the City of Shore wood, County of Hennepin, legally described as: "Lot 1, Block 1, Shorewood Suburban Estates"; and WHEREAS, the Applicant has applied to the City for a Conditional Use Permit and setback variance for the construction of a detached accessory building, the area of which, when added to other accessory space on the property, exceeds 1200 square feet; and WHEREAS, the Shore wood City Code requires a Conditional Use Permit for the construction of accessory space exceeding 1200 square feet; and WHEREAS, the Applicant desires to build closer to the rear lot line than what is currently allowed by the Shorewood Zoning Code and has applied for a setback variance; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 25 May 1999, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 1 June 1999, 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 regular meeting on 28 June 1999, 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 Shorewood as follows: FINDINGS OF FACT 1. That the subject property is zoned R-IA, Single-family Residential and contains 40140 square feet in area. 2. That the total proposed accessory space (1601 square feet) does not exceed the floor area above grade of the principal structure (1857 square feet). AI~t:,. ,..... i I.. . . 3. That the total area of accessory space does not exceed 10% of the minimum lot area for the R-IA Zoning District in which it is located (4,000 square feet). 4. That design and materials of the proposed building are consistent with the architectural character of the existing home. 5~ That the applicant proposes to locate the proposed building 28 feet from the westerly property line which does not comply with the rear yard setback requirement for the R-IA District. 6. of the site. That the property is a corner lot with 50-foot setbacks on the east and south sides 7. That a 50-foot drainage and utility easement occupies the north side of the property, where the side yard setback would ordinarily be 10 feet, preventing the applicant from making reasonable use of his property. CONCLUSION 1. That the Applicant has satisfied the criteria for the grant of a variance under Section 1201.05 of the Shorewood City Code and has established an undue hardship as defined by Minnesota Statutes Section 462.375, Subd. 6(2). 2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit and setback variance to construct a detached accessory building, no closer than 28 feet from the westerly property line 3. That the City Administrator/Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of July, 1999. Woody Love, Mayor ATTEST: James C. Hurrn, City Clerk/Administrator -2- ,,,.,....._.L....~.',,.'.'~....... '__"".' .....~.__R ..:...._.....~__.. - ._._....,.:.:. ,..,. - :>.- ',/' --' .-' ,'(' '\, '-. ~ CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX(612) 474-0128. www.state.netlshorewood. cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council . FROM: Brad Nielsen DATE: 8 July 1999 RE: Shorewood Ponds - Declaration of Protective Covenants FILE NO. 405 (99.03) Following are recommendations relative to the above-referenced declaration: Pg 7 - b. decks, patios, etc. can not encroach into the common areas . Pg 15 -7.3 eliminate a. to comply with age restrictions in Zoning Code . Pg 16 -7.5 cross reference 7.3 from pg 15 Pg 20 - 9.2 replace City of Hutchinson with City of Shorewood Pg 33 - AMENDMENTS should include consent by the City of Shorewood Pg 37.- City of Shorewood to be included as a signatory to the agreement. If you have questions relative to these recommendations or to the declaration, please contact me prior to Monday night's meeting. Cc: . Jim Hurm Tim Keane Larry Brown Bill Gleason o PRINTED ON RECYCLED PAPER 65 . t , ,.. . . (Reserved for recording purposes) COMl\tION INTEREST COMMUNITY NUl\tIBER 933 PLANNED COMMUNITY SHOREWOOD PONDS DECLARATION This Declaration is made in the County of Hennepin, State of Minnesota, on this _ day of , 1999, by Sylvia Development LP, a Minnesota limited partnership (the "Declarant"), pursuant to the provisions of MinnesotaStamtes Chapter 515B, known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpose of creating Common Interest Community Number 933, Shorewood Ponds, a planned community. WHEREAS, Declarant is the owner of certain real property located in Hennepin County, Minnesota, legally described on Exhibit A attached hereto and Declarant desires to submit said real property and all improvements thereon (collectively the "Property") to the Act; and WHEREAS, Declarant desires to establish on the Property a plan for a permanent residential community to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of preserving the value, the structural quality, and the original architectural and aesthetic character of the Property; and '\-VHEREAS, the Property is not subject to an ordinance referred to in Section 515B .1- 106 of the Act, governing conversions to common interest ownership, and is not subject to a master association as defined in the Act; 1 J,~ ~"t . THEREFORE, Declarant makes the Declaration and submits the Property to the Act to establish as a Common Interest Community ("CIC"), Common Interest Community Number 933, Shorewood Ponds, Hennepin County, Minnesota, as a planned community (and not a condominium or cooperative), consisting of the Units referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the Property, and that the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. The plat of Shorewood Ponds, Hennepin County, Minnesota, was recorded with the County Recorder for Hennepin County, Minnesota, pursuant to Minnesota Statutes Chapter 505, and constitutes the CIC Plat for this CIC. SECTION 1 DEFINITIONS . The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Association" shall mean the Shorewood Ponds Association, a nonprofit corporation which has been created pursuant to Chapter 317 A of the laws of the State of Minnesota and Minnesota Statutes Section 515B.3-1 01, whose members consist of all Owners as defmed herein. 1.2 "Board" shall mean the Board of Directors of the Association as provided for in the By-Laws. 1.3 "Bv-Laws" shall mean the By-Laws governing the operation of the Association, as amended from time to time. . 1.4 "Common Elements" shall mean all parts of the Property except the Units, including all improvements thereon, owned by the Association for the common benefit of the Owners and Occupants. The Common Elements are legally described in Exhibit B attached hereto. 1.5 "Common Expenses" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in this Declaration or the By-Laws. 1.6 "Declaration" means any instrument, however denominated, including any amendment to the instrument, that creates a common interest community. 2 '" . 1.7 "Dispose" or "Disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in the common interest community, but the term does not include the transfer or release of a security interest. 1.8 "DwelIin~" shall mean a part of a building consisting of one or more floors, designed and intended for occupancy as a single-family residence, and located within the boundaries of a Unit. The DwetIing includes any garage attached thereto or otherwise within the boundaries of the Unit in which the DwetIing is located. 1.9 "EIi~ble Mort~a~ee" shall mean any Person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. . 1.10 " Governin!! Documents" shall mean this Declaration, and the Articles ofIncorporation and By-Laws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. 1.11 "lVlember" shall mean all persons who are members of the Association by virtue of being Owners as defmed in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.12 "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. 1.13 "Owner" shall mean a Person who owns a Unit, but excluding contract for deed vendors, mongagees and other secured parties within the meaning of Section 515B.l- 103(29) o{the Act. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. . 1.14 "PartY Wall" shall mean the shared wall between two Dwellings. 1.15 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real property. 1.16 "Plat" shall mean the recorded plat depicting the Property pursuant to the requirements of Section 515B.2-110(d) of the Act, and satisfying the requirements of Minnesota Statutes Chapter 505, 508 or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 3 1.17 "Private Drive" shall mean the internal roadway providing access to Units over the Common Elements. The Private Drive also serves as a fire lane and shall be maintained by the Association in a manner which provides unobstructed access to all Units at all times. All entrance points to the Private Drive shall identify said Private Drive. 1.18 "Propertv" shall mean all of the real property submitted to this Declaration, including the Dwellings and all other structures and improvements located thereon now or in the future. The Property as of the date of this Declaration is legally described in Exhibit A attached hereto. 1.19 "Rules and Re~lations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6. 1.20 "Special Declarant Ri~hts" means rights reserved in this Declaration for the benefit of a Declarant to: (i) complete improvements indicated on the CIC plat; (ii) SUbdivide. units or convert units into common elements, limited common elements and/or units; (iii) maintain sales offices, management offices, signs advertising the common interest community, and models; (iv) use easements through the common elements for the purpose of making improvements within the common interest community or any additional real estate; (v) create a master association and provide for the exercise of authority by the master association over the common interest community or its unit owners; (vi) merge or consolidate a common interest community with another COmIIlon interest community of the same form of ownership; or (vii) appoint or remove any officer or director of the Association, or the master association where applicable, during any period of Declarant control. 1.21 "Unit" shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon, but excluding the Common Elements. . Any terms used in the Governing Documents, and defmed in the Act and not in this Section, shall have the meaning set forth in the Act. SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES 2.1 Units. There are 62 Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be created by the subdivision or conversion of Units pursuant to Section 515B.2-112 of the Act except by the Declarant as provided in Section 17.2 and Section 18.2. The Unit identifiers and locations of the Units are as shown on the Plat, which is 4 incorporated herein by reference, and a schedule of UnitS is set forth on Exhibit A. The Unit identifier for a Unit shall be its lot number and the subdivision name. 2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.2, all spaces, walls, and other improvements within the boundaries of a Unit are a part. of the Unit. 2.3 Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on or across the Common Elements as shown on the Plat, subject to any restrictions set forth in this Declaration. 2.4 Use and Eniovment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by this Declaration. . 2.5 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement as described in Section 13. 2.6 Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of the appurtenant easements for encroachments as described in Section 13. 2.7 Declarant's Easements. Declarant shall have and be the beneficiary of easements for construction and sales activities as described in Section 17.3. . 2.8 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 2.9 Easements are Appurtenant. All easements and similar rights burdening or benefitting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the Act or the terms of the easement. Any recorded easement. benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.10 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to this Declaration and the right of the Association to impose reasonable Rules and Regulations governing the use of the Property . 5 .. SECTION 3 COi\lIl\.10N ELEMEI'ITS Ai'll} LIMITED COMiVION ELEiYIENTS 3.1 Common Elements. The Common Elements and their characteristics are as follows: 3.2 a. All of the Property not included within the Units constitutes Common Elements. The Common Elements include those parts of the Property described in Exhibit B or designated as Common Elements on the Plat or in the Act. The Common Elements are owned by the Association for the benefit of the Owners and Occupants. b. The Common Elements shall be subject to appurtenant easements for services, public and private utilities, access, use and enjoyment in favor of each Unit and its Owners and Occupants; subject to (i) the right of Owners and Occupants in . Limited Common Elements appurtenant to their Units and (ii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. c. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Se!=tion 6. Limited Common Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use of the Owners and Occupants of the . Units to which they are allocated, and the rights to the use and enjoyment thereof are automatically conveyed with the conveyance of such Units. The Limited Common Elements are described and allocated to the Units as follows: a. Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing columns, or any other components or. fixtures lying partially within and partially outside the boundaries of a Unit, and serving only that Unit, are allocated to the Unit they serve. Any portion of such installations serving or affecting the function of more than one Unit or any portion of the Common Elements is a part of the Common Elements, but is not a Limited Common Element. 6 b. Improvements such as decks, patios, balconies, shutters, awnings, window boxes, doorsteps, stoops, perimeter doors and windows, constructed as part of the original construction to serve a single Unit, and authorized replacements and modifications thereof, if located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. SECTION 4 ASSOCIATION NIEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association, and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 i\lIembership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. . 4.2 Votin2" and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Common Expenses shall be permitted as provided in Section 6.1. 4.3 Appurtenant Ri~hts and Obli2"ations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The -allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. . 4.4 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association; provided, that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the By-Laws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the By-Laws. - 4.5 Declarant Control. Notwithstanding the vote of any Unit Owner to the contrary, the Declarant hereby reserves a period of Declarant control of the Association during which the Declarant, or persons designated by the Declarant, may appoint and remove 7 the officers and directors of the Association. Said reservation of Declarant control is subject to the following: a. The maximum period of Declarant control may extend from the date of the first conveyance of a Unit to a Unit Owner other than a Declarant for a period not exceeding three (3) years. b. Notwithstanding subsection a. above, the period of Declarant control shall terminate upon the earlier of (i) surrender of control by the Declarant or (ii) sixty (60) days after conveyance of seventy-five percent (75 %) of the Units to Unit Owners other than Declarant. c. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Urllts that may be created to Unit Owners other than Declarant or an affiliate of Declarant, a meeting of the Unit Owners shall be held at which not less than thirty-three and one-third percent (33 1/3 %) of the members of the Board shall . be elected by Unit Owners other than Declarant or an affiliate of Declarant. d. Not later than the termination of Declarant control, the Unit Owners shall elect a Board of Directors of at least three members. Thereafter, a majority of the directors shall be Unit Owners other than Declarant or an affiliate of Declarant. The remaining directors need not be Unit Owners unless required by the Articles of Incorporation or By-Laws. All Unit Owners, including the Declarant and its affiliates, may cast the votes allocated to any Unit owned by them. The Board shall elect the officers. The directors and officers shall take office upon election. e. In determining whether the period of Declarant control has terminated under subsection b., or whether Unit Owners other than a Declarant are entitled to . elect members of the Board of Directors under subsection c., the percentage of the Units which have been conveyed shall be calculated based upon the assumption that all Units which the Declarant has built or reserved the right to build in this Declaration are included in the CIe. f. Except as otherwise provided in this subsection, meetings of the Board of Directors must be open to all Unit Owners. To the extent practicable, the Board shall give reasonable notice to the Unit Owners of the date, time and place of a Board meeting. If the date, time and place of meetings are provided for in this Declaration, the Articles of Incorporation or Bylaws of the Association, were announced at a previous meeting of the Board, posted in a location accessible to the Unit Owners and designated by the Board from time to time, or if an emergency requires immediate consideration of a matter by the Board, notice is not required. "Notice" has the meaning given in Minnesota 8 . . ,. Statutes Section 317 A.Oll, subdivision 14. Meetings may be closed to discuss the following: (1) personnel matters; (2) pending or potential litigation, arbitration or other potentially adversarial proceedings, between Unit Owners, between the Board or Association and Unit Owners, or other matters in which any Unit Owner may have an adversarial interest, if the Board determines that closing the meeting is necessary to discuss strategy or to otherwise protect the position of the Board or Association or the privacy of a Unit Owner or occupant of a Unit; or (3) criminal activity arising within the CIC if the Board determines that closing the meeting is necessary to protect the privacy of the victim or that opening the meeting would jeopardize the investigation of the activity . Nothing in this subsection imposes a duty upon the Board to provide special facilities for meetings. The failure to give notice as required by this subsection shall not invalidate the Board meeting or any action taken at the meeting. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for the operation, management and control of the Property. The . Association shall have all powers described in the Governing Documents, the Act and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifIcally required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifIcally stated to the contrary. 5.2 Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations 9 (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible and (iii) preserving the value and architectural uniformity and character of the Property. 5.3 Bindin~ Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Goverhing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4 Bv-Laws. The Association shall have By-Laws. The By-Laws and any amendments thereto shall govern the operation and administration of the Association. 5.5 Mana~ement. The Board may delegate to a manager or managing agent the management duties imposed upon the Association I s officers and directors by the Governing Documents and the Act; provided, however, that such delegation shall not . relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 5.6 Rules and Re~lations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets: Surplus Funds. All funds and real or personal property acquired . by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for eommon Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for eommon Expenses shall be determined and assessed against the Units by the Board, in its discretion; subject to the limitations set forth in Sections 6.2 and 6.3, and the requirements of the By-Laws. Assessments for eommon Expenses shall include annual assessments and may include special assessments. 10 Assessments shall be allocated among the Units according to the Cornmon Expense allocations set forth in Section 4.2, subject to the following qualifications: a. Any Cornmon Expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. b. Any Common Expense or portion thereof benefitting fewer than all of the Units may be assessed exclusively against the Units benefitted, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. . c. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. Reasonable attorneys fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or their guests, may be assessed against the Owner's Unit. e. Fees, charges, late charges, fines and interest may be assessed as provided in Section 515B.3-1l6(a) of the Act. . f. Assessments levied under Section 515B.3-116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Cornmon Expense liabilities. g. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or Occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. h. If any installment of an assessment becomes more than 30 days past due, then the Association may, upon 10 days written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full. 1. If Common Expense liabilities are reallocated for any purpose authorized by the Act, Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. 11 J. Assessments under Subsections 6.1 a-h shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Annual assessments shall be established and levied by the Board, subject only to the limitations set forth in Sections 6.2 and 6.3. Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve fund sufficient to cover the periodic cost of maintenance, repair and replacement of the Common Elements and those parts of the Units for which the Association is responsible. a. Until a Comnion Expense assessment is levied, Declarant shall pay all accrued expenses of the Common Interest Community. b. Until January 1 of the year immediately following the year of conveyance of the . first Unit to an Owner, the maximum annual assessment permitted with respect to each Unit shall be $1,068.00 per year or, if collected monthly, $89.00 per month. From and after January 1 of that year, assessments shall be determined by the Board. c. After a Common Expense assessment is levied, the annual assessment may be subsequently increased by the Board, subject to Section 6.2 d. d. Until the termination of the period of Declarant control described in Section 17.6, the increase in the annual assessment for any year shall not exceed the greater of (i) the increase in the U.S. Department of Labor Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for All Items for the prior year; or (ii) 5 % of the total annual assessment for the Association's . previous fiscal year, unless such increase is approved by the vote of a majority of those Owners voting, in person or by proxy, at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. 6.3 Special Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part (i) the cost of any foreseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. Notwithstanding the foregoing, any special assessment shall be subject to approval by the vote of a majority of those Owners voting, in person or by proxy, at a meeting 12 6.4 . 6.5 . called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. \V orkin~ Capital Fund. Declarant shall establish a working capital fund to meet unforeseen expenditures or to purchase additional equipment or services during the period when Declarant is conducting its sales activities. There shall be contributed on a one-time basis for each Unit sold by Declarant an amount equal to two (2) months installments of the estimated Common Expense assessment for the Unit being conveyed. The contribution to the working capital fund may be paid either at the time of closing of sale of the Unit or when control of the Association is transferred to the Owners upon termination of the period of Declarant control. The amounts paid into this fund are in addition to the regular monthly installments of assessments. The funds shall be deposited into the Association's account, and Declarant may not use the funds to defray any of its expenses, reserve contributions, or construction costs, or to make up any budget deficit while Declarant is in control of the Association. However, upon closing of an unsold Unit, Declarant may reimburse itself from funds collected at the closing for funds which it contributed to the working capital fund with'respect to that Unit. Liability of Owners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of (i) the recording of this Declaration or amendment thereto which creates the Owner's Unit, or (ii) the time at which the Owner acquires title to the Unit, subject to the alternative assessment program described in Section 6.6. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors Qr agents, or for their failure to fulfIll any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 15, in addition to any remedies provided elsewhere in the Governing Documents or by law, for the purpose of enforcing its rights hereunder. 6.6 Declarant's Alternative Assessment Pro~am. Notwithstanding anything to the contrary in this Section 6, if a Common Expense assessment has been levied, any Unit owned by Declarant for initial sale shall be assessed at the rate of 25 % of the assessment levied on other Units of the same type until a certificate of occupancy has been issued with respect to such Unit by the municipality in which the Unit is located. This reduced assessment shall apply to each Unit owned by Declarant at the time that the Unit is created, and shall continue until the issuance of the certificate of occupancy 13 as previously described. There are no assurances that this alternative assessment program will have no effect on the level of services for items set forth in the Association I s budget. 6.7 Assessment Lien. The Association has a lien on a Unit for any assessment levied against that Unit from the time the assessment becomes due. If an assessment is payable in installments, the fuU amount of the assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association pursuant to Section 515B.3-102(a)(lO), (11) and (12) of the act are liens, and are enforceable as assessments, under this Section. Recording of this Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 6.8 Foreclosure of Lien: Remedies. A lien for COlllplon Expenses may be foreclosed against a Unit under the laws of the State of Minnesota (i) by action, or (ii) by . advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Unit. 6.9 Lien Priority: Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before this Declaration, (ii) any first mortgage 'on the Unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if a first mortgage on a Unit is foreclosed, the first mortgage was recorded . on or after June 1, 1994, and no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, or 582, then the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to Sections 515B.3-115(a), (h)(I) to (3), (i), and (1) of the Act which became due, without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. 6.10 Voluntarv Convevances: Statement of Assessments. In a voluntary conveyance of a Unit, the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer 14 shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. SECTION 7 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the . occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: . 7.1 General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and aSSIgns. 7.2 Subdivision Prohibited. Except as permitted by the Act, no Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 7.3 Elderlv Housin~. Occupancy of a Dwelling is limited to no more than two (2) adults, sixty-two (62) years of age or older, except that the age limit need not apply to: . a. The spouse of a resident qualifying adult; and/or b. One (1) adult live-in care provider serving the needs of the primary occupant(s). If such care provider resides in the Dwelling for more than thirty (30) days, notice must be given to the Zoning' Administrator for the City of Shorewood. ' c. The Declarant and/or the Association shall annually file with the City Clerk and the Zoning Administrator for the City of Shore wood a certified copy of a quarterly resume of occupants of each Dwelling listing the name and age of each occupant. lS 7.4 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by Customers or employees and (ii) the Association may maintain offices on the Property for management and related purposes. 7.5 Leasin~/Occupancv. Leasing of the Units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions; (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unitmay be subleased, (iii) that all leases shall be in writing, and (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and . Regulations and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. 7.6 Parkin~. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Association. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. 7.7 Animals. No animal may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. . 7.8 Restrictions on Use of Pondine- Areas. The Association shall have the right to control and restrict the utilization of ponding areas by Owners, their families, guests and invitees and shall be entitled to enact and enforce rules and regulations in connection therewith. 16 7.9 Ouiet Eoiovment: Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests . 7.10 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. 7.11 . Alterations. Except for those made by Declarant in consideration of its initial sale of a Unit, no alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in any part of the Common Elements, or in any pan of the Unit which affects the Common Elements or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by it, as provided in Section 8. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 7.12 Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.13 . Access to Units. In case of emergency, all Units and Limited Common Elements are subject to. entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public. safety personnel. Entry is also authorized for maintenance purposes under Section 9 and for enforcement purposes under Section 16. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restrictioos on Alterations. The following restrictions and requirements shall apply to alterations on the Property: a. Except as expressly provided in this Section 8, and except for alterations made by Declarant in consideration of its initial sale of a Unit, no structure, building, 17 addition, deck, patio, fence, wall, enclosure, window, exterior door, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of any Dwelling or any other pan of a Unit which is visible from the exterior of the Unit (collectively referred to as "alterations"), shall be commenced, erected or maintained in a Unit, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Board of Directors or a committee appointed by it. Notwithstanding the foregoing, Declarant's written consent shall also be required for alterations until Declarant no longer owns any unsold Unit. b. The criteria for approval shall include and require, at a m1l11IIlum, (i) substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii) comparable or better quality of materials as used in existing improvements, (iii) ease of maintenance and repair, (iv) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with governmental laws, codes and regulations. . c. Approval of alterations which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the alterations are approved; provided, that any easement for a deck or patio other than as originally constructed shall be approved by resolution of the Board of Directors and a file of such resolutions shall be maintained permanently as a part of the Association's records. . d. Alterations described in Section 18 shall be governed by that Section. 8.2 Review Procedures. The following procedures shall govern requests for alterations . under this Section: a. Detailed plans, specificatioQS and related information regarding any proposed alteration, in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty (60) days prior to the projected commencement of construction. No alterations shall be commenced prior to approval. b. The Board of Directors shall give the Owner written notice of approval or disapproval. If the Board of Directors fails to approve or disapprove within sixty (60) days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have been fully complied with so 18 8.3 . . 9.1 long as the alterations are done in accordance with the plans, specifications and related information which were submitted. c. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in whose Unit the alterations are made, by the Association or another Owner, within six months following the date of completion of the alterations.. Notice may be direct written notice or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six months following completion and that the notice was not given. Remedies for Violations. The Association may undenake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is staneci. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit. SECTION 9 MAINTENA1~CE Maintenance bv Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Common Elements. In addition, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, the Association shall (i) provide for exterior maintenance upon the Dwelling in each Unit that is subject to assessment as follows: paint and replace roofs, gutters, downspouts, decks, garage doors (except hardware), and exterior siding and other building surfaces, and (ii) provide for lawn, shrub and tree maintenance on all Units; (iii) provide for snow removal from driveways, walkways and parking areas for all Units. The Association's obligation to maintain exterior building surfaces shall exclude patios, entry doors, door hardware, air conditioning equipment, glass and window frames, and any other items not specifically referred to in this Section, unless otherwise approved under Section 9.3. The Association shall have easements as described in Section 13 to perform its obligations under this Section 9. 19 9.2 Maintenance of Pondin~ Areas. The Association shall maintain any ponding areas upon the Property as located and shown on the final development plans and the plat on file with the City of Hutchinson. The cost of such maintenance shall be assessed pro- rata against all Units on the Property in accordance with Section 6 of this Declaration. 9.3 Optional Maintenance bv Association. In addition to the maintenance described in this Section the Association may, with the approval of a majority of votes cast in person or by proxy at a meeting called for such purposes, undertake to provide additional exterior maintenance to the Units or Dwellings, or maintenance of water and sewer systems within the Units. 9.4 Maintenance bv Owner. Except for the exterior maintenance required to be provided by the Association under Section 9.1 or 9.3, all maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the Association of defects . in or damage to those parts of the Property which the Association is obligated to . maintain. The Association may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. 9.5 Dama~e Caused bv Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner Or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. . SECTION 10 PARTY WALLS 10.1 General Rules of Law to A{)plv. Each wall built as part of the original construction of the Dwellings and located on the boundary line between Units shall constitute a party wall and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 20 10.2 Re~air and Maintenance. The Owners of the Units which share the party wall shall be responsible for the maimenance, repair and replacemem of the party wall in proportion with their use; provided (i) that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner, and (ii) that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for their respective shares of the cost to the extent. not covered by insurance. 10.3 . Destruction bv Fire or Other Casualtv. If a party wall is destroyed or damaged by fire or other casualty, any Owner who ~as use of the wall may, with the consent of the Association, restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his or her share of the cost of restoration thereof; provided, however, that the cost of restoration resulting from destruction or other casualty resulting from the acts or omissions of certain Owners shall be the fmancial responsibility of such Owners, and the Association may assess the responsible Owners for their share of the costs, without prejudice to the right of an Owner to recover a larger contribution from the other Owner. Insurance claims shall be made promptly following any casualty. 10.4 Weatherproofine. Notwithstanding any other provision of this Section, any Owner who, by his negligent or willful act. causes a party wall to be exposed to the elements shall bear the whole cost of the repairs necessary for protection against such elements. 10.5 Ri~ht to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the Unit and shall pass to such Owner's assigns and successors in title. 10.6 . Arbitration. In the event of any dispute arising concerning a party wall, and if the same is not resolved within thirty (30) days of the event causing the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association, upon the written demand of the Association or any Owner whose Dwelling shares the party wall. Each party agrees that the decision of the arbitrators shall be final and conclusive of the questions involved. The fees of the arbitrators shall be shared equally by the parties. but each party shall pay its own attorney fees or other costs to prove its case. SECTION 11 INSURANCE 11.1 Required Coveraee. The Association shall obtain and maintain, at a minimum, a master policy of insurance in accordance with the insurance requiremems as set forth in the Act and the .additional requirements set forth herein, issued by a reputable 21 insurance company or companies authorized to do business in the State of Minnesota, as follows: a. Property insurance in broad form covering all risks of physical loss in an amount equal to one hundred percent (100%) of the insurable "replacement cost" of the Property, less deductibles, exclusive of land, footings, excavation and other items nonnally excluded from coverage (but including all building service equipment and machinery). The policy or policies shall cover personal property owned by the Association. The policy or policies shall also contain "Inflation Guard" and "Agreed Amount" endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the FHA or Federal National Mortgage Association ("FNMA") as a precondition to their insuring, purchasing or financing a mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding written agreements with a mortgagee, insurer or servicer, including without .limitation the FHA or FNMA, obligating the Association to keep certain specified coverages or endorsements in effect. . b. Comprehensive public liability insurance covering the use, operation and maintenance of the Common Elements, with minimum limits of $1 ,000,000 per occurrence, against claims of death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or financing a mortgage on a Unit. . c. Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association if deemed to be advisable by the Board or required by the regulations of the FHA or FNMA as a precondition to the purchase or financing of a mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured and shall, if required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or financing of a mortgage on a Unit, be written in an amount equal to the greater of (i) the estimated maximum of Association funds, including reserves. in the custody of the Association or management agent at any given time while the bond is in force, or (ii) a sum equal to three months aggregate assessments on all Units plus reserves. An appropriate 22 endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would nO[ otherwise COver volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. d. Workers' Compensation insurance as required by law. e. Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. f. Such other insurance as the Board may determine from time to time to be in the best interests of the Association and the Owners. 11.2 Premiums: Improvements: Deductibles. All insurance premiums shall be assessed and paid as a Common Expense. The insurance need not cover improvements and betterments to the Units installed by Owners, but if improvements and betterments are covered, any increased cost may be assessed against the Units affected. The Association may, in the case of a claim for damage to a Unit, (i) pay the deductible amount as a Common Expense, (ii) assess the deductible amount against the Units affected in any reasonable manner, or (iii) require the Owners of the Units affected to pay the deductible amount directly. . 11.3 Loss Pavee: Insurance Trustee. All insurance coverage maintained by the Association shall be written in the mune of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, including Eligible Mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. . 11.4 Waivers of Subro~ation: All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an Owner, members of the Owner's household, officers or directors, as applicable, and, if available, waivers of any defense based on co-insurance or of invalidity .from any acts of the insured. 11.5 Cancellation: Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least 30 days prior written notice to the Association, to the FHA or FNMA (if applicable), all of the insureds and all Eligible Mortgagees. 23 11.6 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any Insurance Trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a parry, or any requirement of law. 11.7 No Contribution. All policies of insurance maintained by the Association shall be the primary insurance where there is other insurance in the name of the Owner covering the same property, and may not be brought into contribution with any insurance purchased by Owners or their Eligible Mortgagees. . 11.8 Effect of Acts Not Within Association's Control. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless . acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. 11.9 Owner's Personal Insurance. Each Owner may obtain additional personal insurance coverage at his or her own expense covering fire and other casualty to the Unit, personal property or personal liability. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Association. SECTION 12 RECONSTRUCTION, CONDEMNATION AND El\1INENT DOMAIN 12.1 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage to or destruction thereof shall be governed by the Act. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved upon. Notice of substantial damage or destruction shall be given pursuant to Section 20.10. . 12.2 Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, that notice shall be given pursuant to Section 20.10. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by the Act and the Governing Documents, as their interests may appear. 24 12.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to a Eligible Mortgagee pursuant to Section 20.10. 13.1 . 13.2 . SECTION 13 EASEMENTS Easement for Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments in favor of the adjoining Units for fireplaces, walls, roof overhangs, air conditioning systems, decks, balconies, patios, utility installations and other appurtenances (i) which are part of the original construction on the adjoining Unit or the Property or (ii) which are added pursuant to Section 8. If there is an encroachment by a Dwelling, or other building or improvement located in a Unit, upon another Unit or Dwelling as a result of the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Dwelling, building or improvement, and for the maintenance thereof, shall exist; provided that with respect to improvements or alterations added pursuant to Section 8, no easement shall exist unless the same have been approved and constructed as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. Easement for :Maintenance. Repair. Replacement and Reconstruction. Each Unit, and the rights of the Owner and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulf1ll the Association I s obligations under the Governing Documents. 13.3 Utilities Easements. The Property shall be subject to non,..exclusive, appurtenant easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement' in favor of the other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utility companies providing service to the Units for the installation and maIntenance of utility metering devices. 25 13.4 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to lttility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 13.5 Structural Encroachments. Except as otherwise specifically provided in this Section 13, no structural encroachments shall be allowed within easements. SECTION 14 LITTER CONTROL Two clean-ups of litter and other non-natural material from the Common Elements and . yard areas shall be conducted each year, once sub~nt to the last snow melt in the spring and prior to May 15, and once between September 15 and November 1 in the fall. In addition, any fences, berms, plantings and improvements on Common Elements and yard areas shall b. kept in good repair and condition, including painting of fences, if required, and proper watering and maintenance of plantings. SECTION 15 COMPLIAJ."'lCE AND RElVIEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the . relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 15.1 Entitlement to Relief. The Association.may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. 26 15.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement anyone or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: . . a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges of up to 15% of each late payment of an assessment or installment thereof. c. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities; provided, that this limitation shall not apply to Limited Common Elements or deck, balcony or patio easements, appurtenant to the Unit, and those portions of the Common Elements providing utility service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up -to 30 days thereafter, for each violation. f. Restore any portions of the Common Elements or Limited Common Elements damaged OT altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units . g. Enter any Unit or Limited Common Element in which, or as to which, a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Occupants, or their guests, or the safety or.soundness of any Dwelling or other part of the Prop.erry or the property of the Owners or 27 15.3 15.4 Occupants, and to summarily abate and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or Limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. h. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the Property is located. Ri~hts to Hearin2'. In the case of imposition of any of the remedies authorized by Section l5.2.d., e., orf. of this Section, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least 10 days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request by the Board, and with at least 10 days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten days following the hearing, if not delivered to the offender at the hearing. . Lien for CharQ'es. Penalties. Etc. Any assessments, charges, fmes, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for w~ich a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. . 15.5 Costs of Proceedin~ and Attornevs Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Governing Documents or Rules and Regulations, whether or notfmally detennined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fmes or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 28 15.6 Liabilitv for Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's U nit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rate resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. 15.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. . 16.1 16.2 . SECTION 16 RIGHTS GRAi'lTED TO THE CITY OF SHORE"WOOD Purpose. The City of Shorewood has executed various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City of Shorewood is concerned that all conditions requested by the City of Shorewood are complied with and that the Property is developed and maintained in accordance with the plan contemplated by this Declaration. Release of Liability. The Declarant, for itself, its successors and assigns and, by accepting a conveyance of a Unit, any Owner, for himself, his family and invitees, release and shall hold harmless the City of Shore wood (including its elected and appointed officials, employees, servants and agents) from all liability for enforcement or for nonenforcement of this Declaration, and further expressly acknowledge that the City of Shorewood is not obligated to perform or to enforce performance by the Declarant, the Association or others of any obligations contained in this Declaration. 16.3 Sp~cific Ri~hts Enforceable by the City of Shorewood. The City of Shorewood, at its option and in its sole discretion, may enforce for the benefit of itself the specific provisions of Sections 7, 8, 9 and 13 of this Declaration. 16.4 Notice and Procedure. In the event the Declarant and/or the Association fail to perform any obligation referred to in Section 16.3, the City of Shorewood, after 10 days' written notice to the Declarant and/or the President or Secretary of the Association, perform such obligations (directly or with contract personnel or by personnel of the City of Shorewood). The Declarant, Association and all Owners hereby waive all notice requirements except as hereinabove provided and further waive all procedural and other objections to action taken by the City of Shorewood. 29 16.5 PaYment for Citv Maintenance. The Association, Declarant and Owners shall reimburse the City of Shore wood or its designee, on demand, for the costs of any Declarant, Association or Owner obligations undertaken by the City of Shorewood or its designee pursuant to this section. Such costs, including but not limited to reasonable attorneys' fees and costs and expenses incurred in connection with collection, shall be an obligation of each Owner enforceable in any way available to the city under law. 16.6 Rie-ht to Assess. In addition to the right of collection as stated in Section 16.5, the City of Shore wood may, in any assessment year, levy against the Units an assessment for all costs and expenses incurred by the city or its designee pursuant to this section. The assessment shall be prorated among all Units and shall be enforceable by the city in the same manner as provided in Section 6 of this Declaration. 16.7 Exclusive Ri~hts. The rights granted by this section are exclusive to the City of Shorewood and may be exercised only by the city, in its sole discretion. No other person or entity, including the Association, the Declarant or Owners, whether or not a resident of Shorewood, shall be entitled to request or require the city to act pursuant to this section. The rights of the City of Shorewood under this section cannot be rescinded, canceled or amended by the Declarant or the Owners without the written consent of the City. . SECTION 17 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant rights within the meaning of Section 515B.l-103(31) of the Act for as long as it owns a Unit, or for such shorter period as may be specifically indicated: . 17.1 Complete Im9rovements. To complete all the Units and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by this Declaration, and to make alterations in the Units and Common Elements to accommodate its sales facilities. 17.2 Relocate Boundaries and Alter Units. To relocate boundaries between Units and to otherwise alter Units owned by it, to the extent permitted by Section 18.2. 30 17.3 Sales Facilities. To construct, operate and maintain a sales office, management office, model Units and other development, sales and rental facilities within the Common Elements and any Units owned by Declarant from time to time, located anywhere on the Property. 17.4 Si~s. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant and on the Common Elements. 17.5 Easements. To have and use easements for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Elements for the purpose of exercising its special declarant rights. 17.6 . 17.7 . Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board pursuant to Section 515B.3-103 of the Act, until the earliest of: (i) voluntary surrender of control by Declarant, (ii) an Association meeting which shall be held within 60 days after conveyance to Owners other than a Declarant of 75 % of the total number of Units authorized to be included in the Property or (iii) the date three (3) years following the date of the first conveyance of a Unit to an Owner other than a Declarant. Notwithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than 3J-1I3 % of the directors at a meeting of the Owners which shall be held within 60 days following the conveyance by Declarant of 50% of the total number of Units authorized to be included in the Property . Consent to Certain Amendments. As long as Declarant owns any unsold Unit, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects or may affect Declarant's rights under the Governing Documents. SECTION 18 RIGHTS TO ADD ADDITIONAL REAL ESTATE, RELOCATE UNIT BOUNDARIES At'ID ALTER UNITS 18.1 Declarant's Ril:hts to Add Additional Real Estate. Declarant has not reserved the right to add Additional Real Estate to the Property by unilateral action under Section 515B.2-111 of the Act. 18.2 Riihts to Relocate Boundaries and Alter Units. Existing or future Units may be altered and Unit boundaries may be relocated only in accordance with the following conditions . 31 a. Combinin~ Units. An Owner may make improvements or alterations to such Unit or, may, after acquiring an adjoining Unit, remove or alter any intervening partition or create apertures therein in accordance with Section 515B.2-113 of the Act and Subsection d of this Section. b. Relocation of Boundaries. The boundaries between adjoining Units may be relocated in accordance with Section 515B.2-114 of the Act and Subsection d of this Section. c. Subdivision or Conversion. Additional Units may be created by the Declarant in the manner provided in Section 515B.2-112 of the Act by the subdivision or conversion of a Unit (within the meaning of the Act) into two or more Units, or into other Units, Common Elements or Limited Common Elements. d. Requirements. The alteration, relocation of boundaries or other modification . of Units or the Dwellings or other structures located therein (collectively referred to herein as "alteration" or "alterations") pursuant to this Section, Section 8, and the Act may be accomplished only in accordance with the following conditions: (1) No Unit may be altered if thereafter the Dwelling located therein, or any other Dwelling affected by the alteration, would no longer be habitable or practicably usable for its intended purpose or would violate any law, code or orqinance of any governmental authority having jurisdiction over the Property. (2) No alteration may be made which adversely affects the structural or functional integrity of any building system or the structural support or weather-tight integrity of any portion of any building or other structure. . (3) The prior written consent of the Association shall be required for any alteration, except alterations by Declarant. Where required, such consent shall be requested in writing by each Owner whose Unit is proposed to be altered, accompanied by such explanation, drawings and specifications relating to the proposed alterations as may be reasonably required by the Association or the first mortgagee of the Unit. The Association shall give'such Owner(s) notice in an expeditious manner, granting, denying or qualifying its consent. (4) As a precondition to consenting to alterations, the Association may require, among other things, the following: (i) that all alterations will be done in a workmanlike manner and without impairing the structural, mechanical or weather-tight integrity of the Building; (ii) that the 32 Common Elements and altered Units will be repaired and/or restored in the future as required by the Association; (iii) that the construction of the alterations will not create dangerous conditions for any Owners or Occupants; (iv) that the Property, the first mortgagees and the Owners and Occupants will be protected from liens and other liability arising from the alterations; and (v) that the alterations will be done in compliance with the applicable laws, regulations and ordinances of the governmental authorities having jurisdiction over the Property. (5) The Association may require that the Owners of the Units to be altered pay all costs of processing and documentation for the request and the preparation and recording of any necessary amendment to the Governing Documents. including without limitation such costs as ftling, architects and attorneys fees, incurred by the Association in connection with the alterations. . SECTION 19 AJ.\'IENDlVIENTS . This Declaration may be amended by the consent of (i) Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association, (ii) the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned) required by Section 20 as to matters prescribed by said Section and (Hi) the consent of Declarant to certain amendments as provided in Section 17.7. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the By-Laws. Consents of Eligible Mortgagees and the Declarant shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 20 RIGHTS OF ELIGffiLE MORTGAGEES Notwithstanding anything to the contrary in the Governing bocuments, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and protections: 20.1 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one percent (51 %) of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage 33 owned) shall be required for any amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) assessments, assessment liens, or priority of assessment liens; (Hi) reserves for maintenance, repair and replacement of Common Elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interest in the Common Elements or Limited Common Elements, or rights to their use; (vi) redefinition of any Unit boundaries; (vii) convertibility of Units into Common Elements or vice versa; (viii) expansion or contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; (ix) insurance or fidelity bonds; (x) leasing of Units; (xi) imposition of any restrictions on an Owner's right to sell or transfer his or her Unit; (xii) a decision by the Association to establish self management when professional management is in effect as required previously by the. Governing Documents or an Eligible Mortgagee; (xiii) restoration or repair of the Property (after a hazard damage or partial condemnation) in a manner. other than that specified in the Governing Documents; (xiv) any action to terminate the legal status of the common interest community after substantial destruction or . condemnation occurs; or (xv) any provisions that expressly benefIt Eligible Mortgagees, or insurers or guarantors of mortgages. 20.2 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven percent (67 %) of the Units that are subject to fIrst mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required to (i) abandon or tenninate the common interest community; (ii) change the allocations of voting rights, Common Expense obligations or interest in the Common Elements; (iii) partition or subdivide a Unit except as permitted by statute; (iv) abandon, partition, subdivide, encumber or sell the Common Elements; or (v) use hazard insurance proceeds for other than the repair, replacement or reconstruction of the Property, except as otherwise provided by law. 20.3 Consent to Subdivision. No Unit may be partitioned or subdivided without the prior . written approval of the Owner and Eligible Mortgagee thereof, and the Association. 20.4 No Ri~ht of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions . 20.5 Priority <;>f Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the fIrst mortgage or by deed or assignment in lieu of foreclosure, takes the Unit free of any claims for unpaid assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said first mortgage holder or purchaser; (i) except as provided in Section 6.9 and the Act and (ii) except that any unreimbursed assessments 34 or charges may be reallocated among all Units in accordance with their interests in the Common Elements. 20.6 Prioritv of Ta.""{es and Other Char~es. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 20.7 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgttge in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Conunon Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. . 20.8 20.9 . 20.10 Requirements for l\t{ana~ement A~eements. The term of any agreement for professional management of the Property may not exceed two (2) years. Any such agreement must provide at a minimum for termination without penalty or termination fee by either party, (i) with cause upon thirty (30) days prior written notice, and ,(ii) without cause upon ninety (90) days prior written notice. Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business hours, and to receive free of charge, upon written request, copies of the Association's annual reports and other [mancial statements. Financial statements, including those which are audited, shall be available within one hundred twenty (120) days of the end of the Association's fiscal year. If a request is made by FNMA or any institutional guarantor or insurer of a mortgage loan against a Unit, for an audit of the Association's [mancial statements for the preceding year, the Association shall cause an audit to be made and deliver a copy to the requesting party. Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit number or address, the holder, insurer or guarantor shall be entitled to timely written notice of: a. a condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; b. a 60-day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; 35 c. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and d. a proposed action which requires the consent of a specified percentage of Eligible Mortgagees. SECTION 21 MIS CELLA1'ffi OUS 21.1 Severabilitv. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 21.2 Construction. Where applicable. the masculine gender of any word used herein shall . mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 21.3 Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall promptly render the defense of the action to its insurance carrier, and give Declarant written notice of such tender, the specific nature of the action and an opportunity to defend against the action. 21.4 Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the By-Laws shall be effective upon receipt by the Association. . 21.5 Conflicts Amon~ Documents. In the event of any conflict among the provisions of the Act, this Declaration, the By-Laws or any Rules or Regulations approved by the Association, the Act shall control. As among this Declaration, the By-Laws and Rules and Regulations, this Declaration shall control, and as between the By-Laws and the Rules and Regulations, the By-Laws shall control. 21.6 Variances. The restrictions applicable to Property as specified in Section 7 of this Declaration are intended for the benefit of all Property Owners. The Declarant, however, acknowledges that exceptional conditions of a particular Property may create 36 . peculiar and practical difficulties mItlgating against the strict enforcement of a provision contained in Section 7. In the event an Owner believes that such exceptional conditions on Property create a hardship or special situation, an Application for Variance may be made by an Owner through the Board in accordance with Section 8.2 of this Declaration. An Application for Variance shall state on the application the reasons for allowing the variance, including: (i) there are special circumstances or conditions affecting the Property such that the strict application of a provision of this Declaration would deprive the Owner of the reasonable use of the Property; (ii) the variances are necessary for the preservation and enjoyment of a substantial property right of the Owner; (iii) the granting of the variance will not be detrimental to the public welfare or injurious to other Owners or Property subject to this Declaration; and (iv) the issuance of the variance will not have an adverse effect upon the health, welfare and safety of the Owners benefitted by this Declaration. In considering a request for a variance from the strict application of Section 7 of this Declaration, the Board shall make a finding showing that all of the foregoing conditions exist and the Board may impose any reasonable condition in the granting of such variance in order to protect other Property and Owners. IN 'WITNESS \-VHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the act. SYLVIA DEVELOPlVIENT LP, a Minnesota limited partnership By: SYLVIA DEVELOPMENT, INC., a Minnesota corporation, its General Partner . By: Robert W. Schmidt Its President 37 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of ,. 1999, by Robert W. Schmidt, the President of Sylvia Development, Inc., a Minnesota corporation, . the general partner of Sylvia Development LP, a Minnesota limited partnership, on behalf of said limited partnership. (Norarial Scamp or Seal) Notary Public THIS INSTRUMENT DRAFTED BY: JENSEN SWANSON & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (612) 424-8811 P:\A..,moyVL.B\O":-""Syl...I3Ul7~wpd 38 . . . . . . . ... 0" ExmBIT A TO DECLARATION C01'1~'lON INTEREST COMMUNITY NO. 933 PLA1'lNED COMMUNITY SHOREWOOD PONDS SCHEDULE OF UNITS /LEGAL DESCRIPTION OF PROPERTY Lots 1 through 25, inclusive, Block 1; and Lots 1 through 39, inclusive, Block 2; SHOREWOOD PONDS, Hennepin County, Minnesota. NOTE: Each Unit's unit identifier is its lot number, SHOREWOOD PONDS, COMMON INTEREST COMMUNITY NUMBER 933, Hennepin County, Minnesota. ExmBIT B TO DECLARATION COl\'IMON INTEREST COJ.\t1MUNITY NO. 933 PLA1~D COl\'1MUNITY SHOREWOOD PONDS LEGAL DESCRIPTION OF COMl.\tION ELEJ.\tfENTS Lot 25, Block 1 and Lot 39, Block 2, SHOREWOOD PONDS, Hennepin County, Minnesota. .. . " .... . . t ~ .. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128' www.state.net/shorewood'cityhall@shorewood.state.net MEMORANDUM TO: Mayor, City Council James C. Hurm, City Administrator FROM: Larry Brown, Director of Public Works ~ . DATE: July 8, 1999 RE: A Motion to Adopt a Resolution Approving Plans, Specifications and Estimate and Authorizing Advertisement for Bids for the Noble Road Reconstruction Project, City Project 9901 Attached are plans and engineer's estimate for construction for the Noble Road Reconstruction Project, the Senior Center Drainage Repair Project, and the Edgewood Road Watermain Project. At the time of plan preparation, it was planned that the three projects would be let as one construction contract to save dollars due to the economy of scale. Although these items have been packaged together as one construction contract, each project will be handled under separate authorizations for bidding and authorizations to proceed, if deemed appropriate. . Since the time of plan preparation, it has been determined that the petitioners for the Edgewood Watermairi Project are likely not to proceed, due to the estimated construction cost of approximately $30,162.50. Therefore, although the current plans include the Edgewood Watermain under this contract, bid forms will be revised to state that the Edgewood Road watermain project will not be in this contract. The Senior Center Drainage repairs will be considered under a separate agenda item of Monday night's City Council meeting. For the Noble Road Reconstruction project, plans have been prepared for bidding. Costs for construction are estimated at $97,537 (refer to Attachment 1). This is well within the programmed project amount for the 1999-2003 Capital Improvement Program. Attachment 2 is the resolution which authorizes the Advertisement for Bids and establishes a bid opening to occur on August 11, 1999 at 10:00 a.m.. StaiIis recommending approval of the resolution. {\ PRINTED ON RECYCLED PAPER ... #, Project Location: WSB Project No: SCHEDULE E Edgewood Road &. Watermain Extension City Shorewood, Minnesota ] ]82.00 Designed By: Checked By: MM Date: 06128/1999 Project Total Contract Contract Item Unit Total Number Descrintion Quantity Unit Price Price 2021.501 MOBILIZATION 1.00 LUMPSUM S2,OOO.OO S2,OOO.OO 2104.505 REMOVE BITUMINOUS PAVEMENT 460.00 SQYD S2.00 S920.00 2104.513 SA WING BIT PA VE.MENT (F1JI.L DEPTH) 380.00 LIN IT S3.00 SI.14O.00 2105.507 SUBGRADE EXCAVATION (P) 430.00 CUYD $8.00 $3,440.00 2105.522 SELECT GRANULAR BARROW (LV) 450.00 CUYD S8.00 S3,6OO.00 2211.501 AGGREGATE BASE CL I FOR DRJVE\\' A YS 30.00 TON SIO.OO S300.00 2211.501 AGGREGATE BASE CLASS 5 (100% CRUSHED ROCK) 170.00 TON S8.00 SI,36O.00 2340.508 TYPE 41 WEARING COURSE MIXTURE 60.00' TON S30.00 SI,800.00 2340.514 TYPE 31 BASE COlJRSE MIXTURE 65.00 TON $28.00 SI,820.00 2357.502 BITUMINOUS MA TER1AL FOR TACK CDA T 25.00 GALLON S1.50 S37.50 2451.602 GRANULAR FOlJl'>'DATlON MATERIAL 30.00 TON S7.00 S210.00 2504.602 HYDRANT 1.00 EACH S 1,500.00 SI,500.00 2504.602 I" CORPORATION STOP 3.00 EACH SIOO.OO S300.00 2504.602 \" CURB STOP &. BOX 3.00 EACH SIOO.OO S300.00 2504.602 6" GATE VALVE&. BOX 1.00 EACH S4OO.00 $400.00 2504.602 8" GATE VALVE &. BOX 1.00 EACH S800.00 S800.00 2504.603 8" WATEAAtAIN DUCT IRON CL 52 . 275.00 LIN IT SI9.00 S5,225.00 2504.603 6" W A TEAAtAIN DUCT IRON CL 52 10.00 LIN IT SI8.00 SI80.00 2504.603 I" COPPER 90.00 LIN IT SI2.00 SI,080.00 2504.620 DUCTILE IRON FITTINGS 250.00 LBS S2.00 S500.00 2563.601 TRAFFIC CONTROL 1.00 LUMP SUM SI,ooo.OO SI,ooo.OO 2575.505 SODDING TYPE LAWN (INC. 4" TOPSOIL) 250.00 SQYD $3.00 $750.00 DIVII REMOVE &. REPLACE ROCK WALL 1.00 L.S. SI,ooo.OO SI,ooo.OO D1VII SALVAGE &. TRANSPLANT SHRUBS &. FLOWERS 1.00 L.S. S500.00 S500.00 TOTAL 30162.50 } 1 . . Attachment 1 ~ CITY OF SHOREWOOD RESOLUTION NO. 98-030 A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON CITY PROJECT 9906 NOBLE ROAD RECONSTRUCITON PROJECT WHEREAS, pursuant to Resolution 99-26 adopted by the City Council on April 26th 1999, Plans, Specifications and Estimates for the design phase of City Project 9901 were prepared. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: . 1. Plans, Specifications and Estimates were prepared by WSB & Associates, Inc. for such improvement pursuant to Council Resolution 99-26. Said plans, specifications and estimates are hereby approved and shall be filed with the City Clerk. 2. The City Clerk !ihall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. on August 11, 1999 in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashiers check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. . ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of July, 1999. WOODY LOVE, MAYOR ATTEST: JAMES C. HURM, CITY ADMINISTRATOR Attachment 2 .. . ADVERTISEMENT FOR BIDS NOBLE ROAD RECONSTRUCTION I SENIOR-COMMUNITY CENTER DRAINAGE PROJECT CITY OF SHOREWOOD, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Shorewood at the office of the City Clerk until 10:00 a.m., August 11,1999, at the City Hall and will be publicly opened and read at said time and place by representatives of the City of Shorewood. Said proposals for the furnishing of all labor and materials for the construction, complete in-place, of the following approximate quantities: 1 2210 2250 2180 970 470 270 250 16.2 1520 900 1600 LUMP SUM SQYD CUYD CUYD TON TON TON LF LF LF LF SQYD Mobilization Remove Bituminous Pavement Subgrade Excavation Select Granular Borrow Aggregate Base CL 5 (100% crushed rock) Type 41 Bituminous Wearing Course Mixture Type 31 Bituminous Base Course Mixture 12" to 15" RCP Storm Sewer 48" Diameter Drainage Structures Concrete Curb and Gutter 4" Solid Line White - Paint Sodding Type Lawn . The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, Plans, and Project Manual as prepared by WSB & Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426, which are on file with the City Clerk of Shorewood and may be seen at the office of the Consulting Engineers or at the office of the City Clerk. Copies of Proposal Forms and the Plans and Project Manual for use by contractors submitting a bid may be obtained from the Consulting Engineers, WSB & Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426, upon deposit of Forty Dollars ($40) (non-refundable) per set. No bids will be considered unless sealed and filed with the City Clerk of Shorewood and accompanied by a cash deposit, cashier's check, or certified check, or bid bond made payable to the City of Shorewood for five percent (5%) of the amount bid, to be forfeited as liquidated damages in the event . that the bid be accepted and the bidder fail to enter promptly into a written contract and furnish the required bond. No bids may be withdrawn for a period of forty-five (45) days from the date of opening of bids. The City of Shorewood reserves the right to reject any or all bids. DATED: July 12, 1999 BY ORDER OF THE CITY COUNCIL sls James C. Hurm City Administrator/Clerk Shorewood, MN PUBLISHED IN THE: Sailor Suburban Newspaper: Construction Bulletin: July 16 & 23, 1999 July 16 & 21, 1999 NOBLE ROAD - SENIOR COMMUNITY CENTER DRAINAGE PROJECTS CITY OF SHOREWOOD, MN ADVERTISEMENT FOR BIDS " .. - . . ',11'. .... INDEX MAP r.r.. . 0 ZSO 500 PLAN ro.....- . 0 so '00 PROFILE HORIZ. ro....; , 0 so 100 VERT. /\,.... , 0 10 ZO PLAN SYMBOLS STATE LINE COUNTY LINE TOWNSH I P OR RANCE LI NE SECTION LINE QUARTER LINE SIXTEENTH LINE RICHT-OF-WAV LINE SLOPE EASEMENT PRESENT RICHT-Of-WAY CONTROL OF ACCES LINE PROPERlY LINES IEXCEPT LAND LINESI VACATED PLATTED PROPERTY CORPORATE OR CITY LIMITS TRUNK HICHWAY CENTER LINE RETAININC WALL RA ILROAO RAILROAD RICHT-Of-WAY RIVER OR CREEK DRY RUN ORA I NACE 0 ITCH DRAIN TILE CULVERT DROP INLET CUARD RAIL BARBED WIRE fENCE WOVEN WIRE fENCE CHAIN LINK FENCE RA ILROAO SNOW FENCE STONE WALL OR FENCE HEDCE RAILROAD CROSSINC SICN RAILROAD CROSSINC BELL ELECTRIC WARNINC SICN CROSS I NC CA TE "EANOER CORNER SPR I NCS MARSH ~~~:~:O } BRUSH NURSERY CATCH BASIN F' {RE HYDRANT CA. TTLE CUARD OVERPASS (HIGHWAY avERI UNDERPASS (l-l!CHWAY UNDER) BR IDCE BUILDINC (ONE STORY FRAMEl f - FRAME C - CONCRETE S - STONE T - TILE B - BR ICK ST- STUCCO IRON ROO OR PIPE MONUloENT < STONE. CONCRETE. OR loET AL I WOODEN HUB CRAVEL PIT SAND PIT BORROW PIT ROCK QUARRY UTILITY SYMBOLS POWER POLE LI NE TELEPHONE OR TELECRAPH POLE LINE JOINT TELEPHONE AND PQWER ON POWER POLE ON TELEPHONE POLES ANCHOR STREET LICHT PEDESTAL (TELEPHONE CABLE TERMINAL I GAS ....IN WATER MAIN CONOU I T TELEPHONE CAeL E IN CONOU I T ELECTRIC CABLE IN CONDUIT TELEPHONE "'ANHOLE ELECTR I C ....NHOLE BUR I EO TELEPHONE CABLE BURIED ELECTRIC CABLE AERIAL TELEPHONE CABLE SEWER <SANITARY OR STOR"" SEWER MANHOLE SCALES c: '" "0 !i ~ :; "0 o u ,; o 3 :g ,; GOVERNING SPECIFICATIONS ---.JL- SENIOR CENTER DRAINAGE / NOBLE ROAD RECONSTRUCTION / EDGEWOOD ROAD W A TERMAIN EXTENSION AND APPURTENANT WORK THE 19BB EO I T ION OF THE loll NNESOT A OEPARTMENT OF TRANSPORT A T ION "STANOARO SPECIF ICATIONS FOR CONSTRUCTION." AS AMENOED BY THE MAY 2. 1994 SUPPLEMENTAL SPECIF ICATION SHALL COVERN. ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL COMlOR'" TO THE lotH t.fUTCD INCLUOING THE FIELD MANUAL FOR TE""'ORARY TRAFF IC CONTROL ZONE lAYOUTS. DATEO JANUARY. 199B. ALL TRAFFIC CONTROL DEVICES SHALL HAVE RETROREFLECTIVE SHEETING. INDEX SHEET NO. DESCRIPTION FOR THE TITLE SHEET CONSTRUCTION NOTES / DETAILS DETAILS TYPICAL SECTIONS Ull.U. \lllll..U ~ 2 3-4 5 -y-y-y-y CITY OF SHOREWOOD -:.- NA,"'E~ 51zr CONSTRUCTION PLAN FOR Storm Drainage. Grading, Paven~nt, Watermain and Appurtenant Work LOCATED IN City of Shorewood CONSTRUCTION PLAN/STORM SEWER BITUMINOUS OVERLAY/STRIPING PLAN SIDEWALK DETAILS SENIOR CENTER DRAINAGE IMPROVEMENTS 6 0=====' -X-ll:- Lx-!.x- -9:..x -.9:.x_ 8 NOBLE ROAD RECONSTRUCTION ~ 9 10 11-12 MISCELLANEOUS REMOVAL PLAN STREET CONSTRUCTION / STORM SEWER CROSS SECTIONS ! 83 e -4---+ City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 (612) 474-3236 Lake Minnetanka Up"., Lai<. I - EDGEWOOD ROAD WATERMAIN EXTENSION . @;-. -liJ .... . t . i S 13 WATERMAIN EXTENSION PLAN THIS PLAN CONTAINS 13 SHEETS ALL APPLICABLE FEDERAL. STATE. ANa LOCAL LAWS AND ORDINANCES WILL BE COMPLIED wiTH IN THE CONSTRUCTION OF THIS PROJECT. . CB ~ 0 - r~-f- ~" ~f;= .... WSB 350 Westwood Lake Office 8441 Wayzata Boulevard Minneapolis, MN 55426 612.541-4800 &: Associates, J~ FAX 541.1700 INFRASTRUCTURE - ENGINEERS - PLANNERS 11-5-F l~ 7S I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I All 0 L Y REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF IN A. o MONU. . @ @ @ @ ENGR. DATE 7/12/99 REG. NO. 19103 -0----0- @ @ f-- o IlIIPED. -G- CI TY OF SHOREWOOO ENGINEER I =v"== T= =v"==P= CD IE -T-BUR- -P-BUR- -- T .AE -+-. ->---<> ->-<>-'> ST! II. BL.~ JAY CUt. a2. AUIlU80II CIR. a]. TEAL C1R. a.. PART.IOG( CIR. as. IHlTt:TAII. AIOGE CT. ,~. .....INE ClR. 96. PttE:A$AHT.CIRo II]. .....JNCtON CT. ..fi, ",-" ~~ EXCAVATION NOTICE SYSTEM Prepared for: A CALL TO GOPHER STATE ONE 1454-00021 IS REOUIRED A MINIMUM OF 48 HOURS PRIOR TO PERFORMING ANY EXCAVATION. ~ THE INFORMATION SHOWN ON THESE ORA/ONGS CONCERNING TYPE ANO LOCATION tT PRIVA TE IITIL /TIES IS NOT GlJARANTEED TO BE ACCIJRA TE OR ALL -INCLIISlvE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS om o€TERMINATlONS AS TO THE TYPE ANO LOCATION OF PIIIVATE UTILITIES AS AMY BE NECESSARY TO AVOID OAIIAGE THERETO. CITY OF SHOREWOOD CITY PROJECT NO.s 95-20/99-01/99-07 SHEET NO. OF 13 SHEETS ~ ~ - . BLOCK BA TTER BETWEEN 1 : 4 ANO 1: 6 . 1 ~~ o <> ...., -1" :>::. \oJ u.n :co .... \oJo ... :::J:~ JC. co .J a, ...0 ..c:l ON .. \oJ .., "'''' ... O\oJ "I(lJ1 G,.- I-~ )(D: 0- .....e ....0: > ~ I 4 WALL FOUNDATION (SEE NOTES) S. :3 ;i ~ :;; e ~ i5 :;; CEDAR SPLIT RAIL FENCE 4"X 4" (NOMINA~) 3-RA IL CEDAR FENC . MATERIALS AND (NSTAL~ATI N TO BE APPROVED Y THE EN INEER ~VARIES S' MAX.~. 6" X 6" (NOMINAL) CEDAR POST TOP OF WALL OR SLOPE THREE RAIL FENCE DETAIL NO SCALE I I I I ~STRUCTURE EXCAVATION I LIMITS (SEE NOTES) FABRIC REINf'QRCE!r.€NT PER IlfAHUfACTUffER'S I SPECS. (INCIDEHUl) SPACING VARIES 12" ~ TO 17'" TYPICAl. SPACING HALF THE I DISTANCE BETwtEN UPPER ANO LOWER FABRIC I 1'2 : 1 I ~ SELECT BACKFILL (SEE NOTES) _ _ ~ (INCIDENTAL I -~~IN~~k~,:'::'~:~' - J RE INFlrECj~THfNGTH 1 ' -6" TYPICAL BLOCK RETAINING WALL DETAIL NO SCALE CONSTRUCTION NOTES . Ii !~ ::::;~ Q i . . ~ ~ ~ ~ ! ii i ~I -I ~ ~I 51 Q r-- 9 C\ ~ C\ t':S ..... - -- 0 U ~ ~ lZl .... = ~ Q I '" C\ ~ C\ ~ - -- = = -d' ~ M e I 0 II') ~ ~ C\ > e <I.l e c Co z ..8 s - tIJ - U to-< C\ ~ 0 .... C\ Q C C\ "" ~ .- ~ u .e- .- u RETAINING WALL NOTES: 1. FOR WALLS LESS THAN 1.9' IN HEIGHT. NO GEOGRID IS NECESSARY. 2. 4" PERF.~ DRAIN PIPE. Mn/DOT 327S WI TYPE I GEOTEXTILE. Mn/DOT 3SSS. THE ENGINEER SHALL HAVE ADDITIONAL DRAINS PLACED TO INTERCEPT ANY WATER-BEARING SOIL STRATA DISCOVERED DURING CONSTRUCTION (INCIDENTAL). 3. WALL FOUNDATION SHALL CONSIST OF COMPACTED AGGREGATE BASE 6" DEEP BY IS" WIDE (INCIDENTAL). 4. SELECT BACKFILL TO MEET Mn/DOT 3149.2B MODIFIED TO 10~ OR LESS PASSING THE 75 MICROMETER SIEVE. l00~ MUST PASS THE 4.75mm SIEVE. (INCIDENTAL) 5. REINFORCEMENT LENGTH VARIES AND IS EOUAL TO THE TOTAL HEIGHT OF THE WALL. REINFORCEMENT FABRIC SHALL BE MORTARED TO BOND THE FABRIC TO THE STONE. THE MORTAR SHALL BE COMPATIBLE WITH THE STONES USED. 1. BITUMINOUS AND CONCRETE ITEMS REMOVED BY CONSTRUCTION SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED ANO OF OFF THE PROJECT LIMITS IN ACCORDANCE WITH SPEC. 2104.3C3. 2. THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATION OF PRIVATE UTILITIES IS NOT GUARANTEEO TO BE ACCURATE OR ALL-INCLUSIVE. THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATIONS AS TO THE TYPE AND LOCATION OF PRIVATE UTILITIES AS MAY BE NECESSARY TO AVOID DAMAGE THERETO. 3. USE TACK COAT BETWEEN ALL BUTUMINOUS LAYERS ANO PRIOR TO PLACING ANY BITUMINOUS MIXTURES ON EXISTING PAVEMENT. THE BITUMINOUS TACK COAT MATERIAL SHALL BE APPLIED AT A UNIFORM RATE OF 0.03 TO 0.05 GAL/SO YO BETWEEN BITUMINOUS LAYERS AND 0.07 TO 0.10 GAL/SO YO ON CONCRETE OR MILLEO BITUMINOUS SURFACES PRIOR TO BEING OVERLAID. THE APPLICATION RATES ARE FOR UNDILUTED EMULSIONS (AS SUPPLIED FROM THE REFINERY) OR MC AND RC LIOUID ASPHALTS. THE ASPHALT EMULSION MAY BE FURTHER DILUTED IN THE FIELD IN ACCORDANCE WITH SPEC. 2357. 4. THE CONTRACTOR SHALL COORDINATE THE REMOVAL AND REINSTALLATION OF AlL MISCELLANEOUS STRUCTURES SUCH AS MAIL BOXES. PRIVATE SIGNS. GARBAGE PICKUPS ETC... WITHIN PROJECT LIMITS WITH THE APPROPRIATE OWNERS. THIS WORK SHALL BE INCIDENTAL TO THE ITEM WHICH REOUIRES THE REMOVAL AND I OR PICKUPS 5. TOP OF THEGRADINC GRADE IS DEFINED AS THE BOTTOM OF THE CLASS 5 AGGREGATE BAS€-;- 8iC> u ~ ~~~ :n: ~ .Jdlz ~:; S ~tf ;~: I~I ~ ~! ~ '" wI ~I ~I~~ <4~ II CITY PROJECT NO.s 95-20 I 99-01/99-07 SHEET 2 OF 13 SHEETS CONSTRUCTION NOTES I DETAILS TEE AND BEND BEND PLUG . HYDRANT r AS SPECIFIED TO BE POURED AGNNST UNDISTURBED SOIL <BEARING AREAl NOTE' 1. THRUST BLOCKING TO BE USED FOR BENDS 22-1120 AND OVER 2. THRUST BLOCKING SHALL ONLY BE USED WHERE WORKING PRESSURES ARE LESS THAN 150 PSI ---- PIPE SIZE BEARING AREA 6" 4.0 SQ. FT. 8" 6.0 10" - 12" 12.0 16" 20.0 PRECAST CONCRETE BASE AS SPECIFIED . THRUST BLOCKING NO SCALE TYPICAL HYDRANT NO SCALE 5- " <:' ;; " iii :;; e ~ i5 ~ CITY PROJECT NO.s 95-20 / 99-01/ 99-07 Ii ~~ ~ Q ~ ~ . c 1" MIN. 2" MAX. 2 LAYERS TAR PAPER ~~c w ~ a 'S. te \~; ~~ \..~ ~~~<( ~~::1a ;;~~i~ +-!:; ,", ~i~l i ~ ~~i~ '\\ i~~i Q COURSE GRAVEL OR CRUSHED ROCK TO 6. ABOVE WAS TE OPENING BRACING AS REQUrRED r-- 9 C\ <I.l C\ t':S ..... - -- 0 u ~ - lZl "Q' = do) 1 .~ '" C\ ~ C\ :::;E - -- = = -d' ~ M e I 0 II') ~ ~ C\ > <I.l Q C e '" ] c.z e .... tIJ loooI U c.r-. C\ .~ 0 C\ Q C C\ '" .- ~ ~ u C .- u PRECAST CONCRETE BL OCK 2' DIAMETER BY 3' DEEP PIT UNDER HYDRANT FILLED WITH GRAVEL FOR ALL INSTALLATIONS. 8Jllil IE ;ll; o .., .soz !I"'=- 111 l~:i file> '" U~ ,,_ III _.:. z Us E~ Q. ~ III III % i!J % III !;Q I~ ~ ~~H DETAILS SHEET 3 OF 13 SHEETS MIN OF 2 MAX DF 5 CONCRETE ADJUSTMENT RINGS WITH FULL BED OF MORTAR BETWEEN EACH AND A 4" COLLAR ON THE OUTSIDE WRAPE ADJUSTING RINGS. EDGE OF CASTING FRAME. >- a: <( a:J a. . REFER TO PLANS FOR CASTING REOUIRED. USE PRECAST CONCRETE ADJUSTING RINGS WHERE NECESSARY. SEE STANDARD PLATE 4010. CASTING AND PRECAST CONCRETE ADJUSTING RINGS (WHEN USEDl SHALL BE SET IN FULL MOTAR BEDS. ADJUSTING RINGS 2 - 2" RINGS MIN 4 - 2" RINGS MAX ROADWAY SURFACE SEE STANDARD PLATE 4020 FOR COVER REOUIREMENTS WALL CONSTRUCTION SHALL BE CLASS II PRECAST PIPE. EXCEPT 48" DIA MAY BE ASTM C 47S CONCRETE PIPE. SEE STANDARD PLATE 3000 (NO TONGUE OR GROOVE AT TOP OR BOTTOM OF THIS SECTIONl CAST-IN-PLACE CONCRETE OR MASONRY CONSTRUCTION (BRICK OR BLOCKl ALLOWED ONLY IF APPROVED BY ENGINEER ~ ::i@ . S" CAST-IN-PLACE CONCRETE 7' TO 10' N :.:. 'Y:;:: 'Y: ;,:. 'Yo: :,::', I: ::. '; :.:;:.',:: ::.', , It STRUCTURE -l S" POURED CONCRETE BASE. FOR ALTERNATE PRECAST CONCRETE BASE. SEE STANDARD PLATE 4011 (MODIFY DIAMETER ANO 2" RAISED AREA TO FIT REOUIRED DIAMETER. . 3/4"f 4 3/4" 1 GRATED COVER VIEW OF INSTALLATION DF STRUCTURE Ii NOTE: s.. ;;3 REINFORCING TO CONSIST OF ~ ~ BARS AT S" O,C. BOTH WAYS METAL PLATE TO BE INSTALLED 0 ON AL L INACTIVE SYSTEMS. 0 ~ 24 " PLATE TO BE REMOVED. i WHEN OUTLET IS CONNECTED. = . 31 " USE A DOUBLE LINE OF RAM-NECK . GASKET BELOW THE PLATE. ~ . I PLA TE SHALL NOT EXTEND BEYOND z STRUCTURE. t u CD REFER TO STANDARD PLANS FOR HElGHT AND DIAMETER REOUIRED. 4" COLLAR ON THE OUTSIDE WRAPE ADJUSTING RINGS.EDGE OF CASTING FRAME (INCIDENTAL I -4" COLLAR ON THE OUTSIDE WRAPE ADJUSTING RINGS.EDGE OF CASTING FRANE ( INC IDENTAL) 20" DIAMETER PRE- CAST OPENING ~ REFER TO PLANS FOR STEP REQUIREMENTS. @ @ MINIMUM STEEL REINFORCEMENT EQUIVALENT STEEL AREA IN WIRE MESH MAY BE USED QD GENERAL DIMENSIONS FOR CONCRETE APPLY TO BRICK AND CONCRETE MASONRY UNIT CONSTRUCTION ALSO. EXCEPT AS NOTED. ~ 12" MINIMUM FOR PRECAST. 3 BRICKS OR 1 BLOCK MINIMUM FOR MASONRY CONSTUCTION Q) RE I NFORCEMENT AS PER SPEC 3301. GRADE 60. DESIGN SPECIAL I NO SCALE S" ,J2. S" MANHOLE~ OR PLASTERED CATCH EXTERIOR BASIN - DIA SEWER BRICK (SPEC 3616) BLOCK MASONRY CONSTRUCTION 1 I " DRAINAGE STRUCTURE DESIGN 4020 NO SCALE 7" ~ ..... -' (/ ) I " / PIPE OUTLET SECTIONS APPROX. 4' LONG NOTE: 1. NEENAH CASTING R-4995-A2 OR APPROVED EOUIVALENT. € ':i ;; " iii :;; " 3 ,.- 8 ~ f CASTING ASSEMBLY TYPE SPECIAL NO SCALE PLAN 63'4H - ~CENTER OF STRUCTURE 1-12 NOTE: I .t REINFORCING 10 CONSIST OF OJ? #4 BARS AT 8 O.C. .J.... BOTH WAYS T III '" a: 1 A A .. ADJUSTMENT SLOT . STAINLESS STEEL STUDS CASTING ASSEMBLY R-3471 (NEENAH) ~~I~b~R~t~B :-.'" :.4 . "..>" :.... :-6',6',:-4',6' ~ DIAMETER PRECAST OPENING AS REOUIRED . ~. : ~ . . ... ... CRETEX INTERNAL CHIMNEY SEAL OR EOUAL TO BE FURNISHED AND INSTALLED ON ALL SANITARY SEWER MANHOLES. PAID FOR AT A UNIT PRICE BID PER EACH INPLACE. MAY REOUIRE 2 SEALS PER MANHOLE. . .6'",. 6. '.6 . .. . . 4' .. . '. A . A . A . A . SECTION A-A NOTE: FURNISH & INSTALL NEW NEENAH R1744 CASTING WITH CONCEALED PICKHOLE ON SANITARY SEWER MANHOLES WITH INTERNAL MANHOLE CHIMNEY SEALS. DESIGN SPECIAL 2 NO SCALE INTERNAL MANHOLE CHIMNEY SEALS NO SCALE CITY PROJECT NO. 99-01 DETAILS -9-1/2 " = S e 0 ;".... ~ CJ = "" = I l;l _ c:'\ .S .... c:'\ '0::::' ~ e ~ ~ ;Z; ~ .... ~ ~ "C .... ~ e = ~ ~C ~ .- ::Eu '1. -9-1/2 " "'O~ o o ~ e ] lZl c.r-. o .0 U 8illil ~.Hi .sJ~ ~ :l:. lit i!:ii ,~ ffi _.:- z !;l S ;; ~ Q. ~ III III % 6 % W !;QI~ ~ ~~H SHEET 4 OF 13 SHEETS . . 3" OIA OR 2"x 4' MAX Q. !: ;i ::; "0 o U ~ ;i ::; ;;. CD @ SET POSTS AND EXCAVATE A 6"x 6" TRENCH UPSLOPE ALONG THE LINE OF POSTS STAPLE OR WIRE THE WIRE MESH FENCING TO EACH POST WIRE FENCING I @ 0) FILTER FABRIC ATTACH THE FILTER F ABR I C TO THE WIRE FENCING AND THE TRENCH BACKFILL THE TRENCH BACKFILL THE TRENCH AND COMPACT THE EXCAVATED SOIL I I LAY FRABRIC",\ J N TRENCH ....\1 I I -= I Ell E' 1-:11 Ell E=" , 131 Ell ':..!fIElI E=' ''=:I~lJ F' BOTTOM OF I. DRAINAGE WAY I I ~~I I g I I ... I , I ELEVATION POINTS "A" SHOULD BE HIGHER THAN POINTS "B" A MAINTENANCE: I. FILTER BARRIERS SHALL BE INSPECTED IMMEDIATELY AFTER EACH RAINFALL AND AT LEAST DAILY DURING PROLONGED RAINFALL. AND ANY REOUIRED REPAIRS SHALL BE MADE IMMEDIATELY. 2. SHOULD THE FABRIC DECOMPOSE OR BECOME INEFFECTIVE PRIOR TO THE END OF THE EXPECTED USEABLE LIFE AND THE BARRIER MAY STILL BE NECESSARY. THE FABRIC SHALL BE REPLACE PROMPTLY. 3. SEDIMENT DEPOSITS SHOULD BE REMOVED AFTER EACH STORM EVENT, THEY MUST BE REMOVED WHEN DEPOSITS REACH APPROXIMATELY HALF THE HEIGHT OF THE BARRIER. 4. ANY SEDIMENT DEPOSITS REMAINING IN PLACE AFTER THE SILT FENCE OR FILTER BARRIER IS NO LONGER REQUIRED. SHALL BE DRESSED TO CONFORM WITH THE EXISTING GRADE. PREPARED AND SEEDED. PLACEMENT AND CONSTRUCTION OF A SEDIMENT FILTER BARRIER ~". 4" TOPSOil ~ SOD B612 CURB ~ GUTTER 6" PVC (PERF) SEE DETAIL r&e~~~I~Lijl~~~l~j TYPE V TOP Of' SUBGRADE 1 I,{ TYPE 41 BITUMINOUS WEAR COURSE (PROPOSED) #2357 BITUMINOUS TACK COAT (PROPOSED) 21,{ TYPE 31 BITUMINOUS BASE COURSE (EXISTING) 6" - CLASS 5 AGGREGATE BASE ( 1 oo~ CRUSHED) 12" SELECT GRANUlAR BORROW (EXISTING) GEOTEXTILE FABRIC (EXISTING) SENIOR CENTER PARKING LOT TYPICAl SECTION NO SCALE SOD WI MIN. (TYP. ) A 12' SURTUQUNTABLE "S" CURB & GUTTER \ \ -=-=- =-=- -=-=- -=-=- -=-=- = = 6" BITUMINOUS DRIVEWAY REPLACEMENT NECESSARY EXCAVATION. 3" BITUMINOUS & 6" CLASS 5 INPLACE ALL TO BE INCLUDED IN UNIT PRICE BID PER SOUARE YARD OF IRREGULAR WIDTH PAVING 3" 2340. TYPE 41 WEARING COURSE 6" CLASS 5 AGGREGATE BASE (1QO~ CRUSHED ROCK TOP OF BITUMINOUS MODIFIED "S" CURB & GUTTER It NOBLE ROAD 12 ' SURTMOUNTABLE "S" CURB & GUTTER ==============! 2" TYPE ~1 BITUMINOUS WEAR COURSE 2357 BITUMINOUS TACK COAT 2. TYPE 31 BITUMINOUS BASE COURSE 6. CLASS 5 AGGREGATE BASE (lQO~ CRUSHED ROCKl 24. SELECT GRANULAR MATERIAL GEOTEXTILE FABRIC (TYPE VI TYPiCAl SECTION CITY PROJECT NO.s 95-20 / 99-01/99-07 TYPICAL SECTIONS / SHEET 5 i 51' i!3 Ii ; 1I j ~ I ~ o .. ~ .. .. , N , r-- <= I e'\ fI'J e'\ o:l -..... - ~ - ~ ..... <= ~ e d-. ~ ~ e'\ .::::l .... ..... :E = <= G,) N E .n G,)e'\ ~ ~ ... = =-:z E .... looo4 (oJ e'\ .!, e'\ = e'\ ... ...-I~ .e- U -d' o ~ ~ .8 tZl ~ o a U jil !ll ilt ~iJ ~ ~ ffi -.. i Ps c; ~ ... .. 0: ill z ~ w 9-l1~ ~ ~~H OF 13 SHEETS HOlt VMV'~I] ,.." 'OfIIIlOIUAlltl f \ 0: w w z <.:> z w w .....0 <..... .w V>- ... Vl ..... Vl>- <CD < 0: 0: <.:>0 .... w ...... ..... uu a. :::IW Vl 0:0: ....- O:W VlO <U Z OZ Olll ww U< U... ..... < ... o:Z WW WO O:Z- W-U .:r:UZ cnvu-z- ~~OWW t:;:2l3a1 < w..... .....0--' z.....z...< -<< :r: < >-V> ..........WCD zc..... VI <OVl <o:<.:>WW 2ww....U t-a:u U OZ<.:>W W ....wua: -, U<-Z 0: 0- Oa:.. <a. 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C') CI)~ -.....- -......-.,.... ~o~FG~_NZRD ~~' ~g~ :uVi .talo "'-40 LI\ 1:- p.c )Jo.Z - :0 -a NO!:: z -co "" ....e: 0'\ r-tZ ;:-tI'Tl-t . ::0,.. :u m n """)Jo, " ....,., :u ....VI . .... ,.. ,.~ . ,.... D & !ti ,... ~ -..n ~....:;; no.. ><cz .... "'''''0 x,.,c 0........ .. < 0 .. .... .... n o :r Z z C> o ~~~ o o Noble Road Reconstruction City Project No. 99-01 City of Shorewood, Minnesota 1.....",..,Uc.. 112-541_ " h>><iDto,.I"". FAX 541,1700 INFRASTRUCTURE . ENGINEERS . PLANNERS lIl(Yll~ft' MO. o<U(1 ~21l}9__ MG. MOl ___~'~.!~_HH_ OAI[ z o 0"' - (I) ~ ~ 1'\ 11!>1.00\cod\ 1151.. .I.d '" 0 0 ~ 'tl ~ e m 0 -i Z ....... 9 co ~ ..... 0 ~ 0 0 en en en m ~ 0 z (I) N 0 "" en '6 :I: m !!l ...... ..... 0 " ...... Co) en :I: m ~ "" o h.... .!_ "1 '" I A' j P. I. . ~ ~ :~ . ,. . I' .,. <> '1' ....... o '1 ./ 1 " " ) J J 'H.4H' .\ . ./ . .,. .,. '1" ',' : ,: . .1. .............1.. . t. I I I :xi ~ I . . E I' . . . i : ..H.....LH I . . \ . . . I . "'. . . I . ~. 8: .,! N 6 "" '0' lo' w p' ..~ . '" IN co ~i ..i..... iD. w p' '1 . .\ H:'HTH ) : .1. .1. .. H'~' .\. lIE. . \. . \. . I' "1' . ,. . " lo. ',' A . );[;\ ,....\Ii. ..; ..i....- ..........0).....".......-....... "" '0 ....GE2.....H........... . .:. . :: ~t~ :: . H'''' ~ .....H... . .. ~( : : . I. . . ,I. . . . r;. . .~: ! ,. i" :to 'fl' i,. i,' i" ..j ..j.. '" .... o. ......j.. N o ; ..t.".. lo w' p. ...,,,1.. . '. GEJgt~ ...\ .. '" .........!" . '" . .. I~: : : I' .. . I .. . ~;... l .~ ( i i ( .....j....................~ , . . ..-.........1......"....'............':"'.........................=....- . . . . . . . i J .., , ......j......,.,.....,.. ... ... . o 1)1. "" " i . \. :D' .~: la' \-I O' .\ . .1. ., . .t. A WSB 350 WlIlItwood l8k. 0lIl0e 8441 Wayuta Bo....rd Minneepolia, MN 55428 '12-541-4100 & AnocIII1u.I.... FAX 541-1700 INFRASTRUCTURE .. ENGINEERS .. PLANNERS Noble Road Reconstruction City Project No. 99-01 City of Shorewood, Minnesota i . ! . ,.1........ ..j. '" .... A. o ~. I. \. I. lo' ~. , I. . I. 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P'~,..I~1 \PO'\OO"<;lI\" . . ... __ smEET REl""'''MENTSECTION t~.2" TYPE 4 BITUMINOUS WEARING COURSE 27()j 0 26990 26960 '.. 2357 BITUMINOUS TACK COAT" .' -2" TYPE 31 BITUMINOUS BASE COURSE '.';'{iTA 81+75. 13' RT . :. / i. ~~;;~;:~~;::::;:":~;I~.." ,.'. ",,,i.. ",,,,~.' I.: ~~~p~:~:!'~:\~"mO~w~~r~:~:\~, SEC~'" f~41" · .'. ; .., / ....:' .....':...............,/ "I,: L' r1"SERV1C[ 1':(~SERV1cE .. i:i!~,. / ~.fiJ.I'!~~ ./ ' ,;(~..~~J~O- . :::- -.~1....t?0 ,~~, _~~..~~ ':..' ,\. . , .~..:_l,~g,,:~~ :.1t~::::~~:=~':~~:,.=: ~.~~.c ;:'1 '" ~~,:8..^:"';.i~~:~o: ~~':o~,p ~~i'~Q"~~]~_'n.l~o'. ::~ ~C:~~;'. ~;~;. 2 ''''':~. ____---....--. ----. -----:;~.~.~,' ~ . -=---... "---~...'. Ljf\ u_~__........=...~,_.-_.. . " ~.~~"'.,.~~~;.~. ~ .' .." -'.~ LI (. .' ~'-, y , <' _____u__u ,1:-- . SALVAGE ~;jNSTALL ROCK ~ALL +> l} \S.. 6-' ..DTSTURBEO DURING CONSTRQCTION V 1I,. ", ",'"~SW BI"'r' \ ",;\ ILI-; , " :'~'CE ii~;~~~!t~L:s;R"'''~ . ' . - r fr"'. ',\ 7., \: ~ 5; 26985 SAL VAGE ~ TRANSPLANT FLOWERS ~ SHRUBS '.. (. ,.... ..,r..... 'H' DISTURBED DURING CONSTRUCTION .;' < . - r .,.' (LUMP SUM BID ITEMI ~..)\ ~ ;)}.. (5 J (22 J ;: a:l .: t1 0 ::J... I z I - /' "" ./ ", BENCH MARK ELEV 931.14 TOP CIM AT THE NE CORNER SECTION 31 T 117 R 23 950 H 945 H 940 935 930 925 ...;. . 920 .. ;... So " c !iI Q. N ~ ;: '8 u g N ~ f 915 Edgewood Road . SAMPSON I 5 UPPER L AK _ PARK (,- (9 J (8 I (7 J (5 J (61' (4 I 6 -. 5 3 2 " "" ~ ...-'n.... ::;;" 1\ \. ,1/ -:,<E:l AOMl """" "EMl I I ~ ~ o 50 I 100 BENCH MARK ELEV 931.14 TOP CIM AT THE NE CORNER SECTION 31 T 117 R 23 .' .... - . -- :E~I:S~It-I~ - .-.--. -:-,.... :-.- -'-:1 ~--:-->- '7..5 ''; ~ """': ,:.-- , ....... ,,/ ..... \;Uvt. :3 .. ~,.:.." ~U:D)f ~L~SS'5 ,_ . . ... ".'-' EX-ISTING .9~ -'. 'stiEf{ 9~6:6; ~3j. --;..~- -- .'- -'--- ~ - -...~ ~ ~~-: - - -.- -: -; -:- '7 , : ':-'"":""":' .f ,.- : .. , . :<; '<:;0 ~:: ':T [:. ," ::.' ,,' :....~ 1..' ." ;/:, .' ~ ~ ,... ;J~ ::.~ "'; -.;;: .~~ ':0 " .j ~ ',. '. ,~, ; ,'. : ,j~ i-} '. ~,~ ~ ..: .... ;-~ :J ,.', ~,i . ~: !,...'"'I c:' 75+00 76+00 77 +00 79+00 80+00 78+00 81+00 82+00 83+00 84+00 85+00 86+00 CITY PROJECT NO. 99-07 WATERMAIN EXTENSION PLAN d:. , ,: ~~ 87+00 I I i !~ ~a W ~ i ~ 3 C: CI ~LL=- ~ : . ~ - ~ z ! . ~ U _ ..-..., ~~i , ;i~~'i Cl ~3' ~ ;;; ~~~ ~ ~ ~ui.li< ~ ~~::o ~- t> ~i...\... ~ !1 C: .~ ~ e :nr~~ i ~ ~lD~!... g N ~i~~~~ ' ~r!~ ~ ~~~~ CI 950 = .S ~ ~ = - ~ 0 "t:; en ~ r-- d.> = ~ .~ .; c:.. ~ S = t z .... = ~ "C = c= ~ "C c= c= ~ ~ l:l.Il "C ~ 945 .... c.I ~ ..... c= a. =- .e- U "'O~ o ~ ~ ~ CZl to-o o o U 940 935 930 f~lll ~j: 111 ~~.E Sli:ii '" .8(1) .. a:: ~ w ~i ~ ;~ l1. 925 <I) " W W z i3 z w 920 ~I~~ ~~H 915 SHEET 13 OF 13 SHEETS CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD. MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.neUshorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor, and City Council James C. Hurm, City Administrator . DA TE: July 8, 1999 pfr- FROM: Larry Brown, Director of Public Works RE: A Motion to Adopt a Resolution Approving Plans, Specifications and Estimate and Authorizing Advertisement for Bids for the Senior Center Drainage Project As the City Council is aware, Staff has been working with WSB and Associates, Inc. to resolve the ongoing drainage problems at the Southshore Senior Community Center. Drainage problems occurred when the contractor for the center constructed the concrete walk west of the building improperly. Furthermore, the contractor failed to correct the problem prior to defaulting on the contract. Staffis recommending that the plans and specifications for this project be included and bid with the Noble Road Reconstruction Project. Theoretically, bid prices should be lower due to economy of scale. As a book keeping item for the Senior Community Center Project as a whole, Staff is seeking a separate authorization for approval of the plans, specifications and estimate for this project, even though it will be bid as part of the Noble Road Reconstruction Project. n ~J PRINTED ON RECYCLED PAPER #7 Estimated Costs for the entire project are $43,679.40. Attachment 2 is the cost breakdowns for the project. This includes installation of the drainage system, new hydrant, and placement of the final lift of bituminous pavement with striping. Staff is recommending that the plans, specifications and estimate be approved and authorized for bid with the Noble Road Reconstruction Project. A resolution is a.ttached for your consideration. . . ~ 'ON"'~ _~ --r- .. ..... 8:tNe11:JG --vnr- L UMI;;~ "OM~ L ~31N3:) AIINnV'lV'lO:) - ~OIN3S 3~OHSH.lnOS --- 03NOONV8V 38 01 lNV~OAH 1NV~OAH M3N ~31N3J AlINn~~OJ- ~S . . MI ..~ tltIl. "" .,; 1].1 t11.'fC NO.....,. ll3M tl380\f8 ~ If ~ - ~ E ..:: I:.J {i ~ Project Location: WSB Project No: Schedule A: SCHEDULE A Senior Center Drainage Problem City Shorewood, Minnesota 1074.25 Designed By:GDM Checked By: DWS Dale: 05/1311999 DRAINAGE IMPROVEMENTS Project Total Contract Contract Item Unit T oral Number Descrilltion Quantirv Unit Price Price 2021.S01 MOBILIZATION 1.00 LUMPSUM SI,250.00 SI.25O.00 2104.501 REMOVE CURB AND GUTTER 120.00 UN FT S5.00 S6OO.00 2104.505 REMOVE BITUMINOUS PAVEMENT 160.00 SQYD S2.00 S320.00 2104.503 REMOVE CONCRETE SIDEWALK 1140.00 SQFT SO.75 S855.00 2104.511 SA WING CONCRETE PAVEMENT (FULL DEPTH) 180.00 UN FT SIO.OO SI,800.00 2104.513 SA WING BIT PAVEMENT (FULL DEPTH) 217.00 UN FT S3.00 S651.00 2411.603 MODULAR BLOCK RETAINING WALL 100.00 SQFT SI4.00 SI,400.00 2105.521 SELECT GRANULAR BORROW (LV) 80.00 CUYD SI2.00 S960.00 "11.501 AGGREGATE BASE CLASS 5 100.00 TON SIO.OO SI,ooo.OO 2340.514 TYPE 31 BASE COURSE MIXTURE 30.00 TON S50.00 SI,500.00 2503.541 12" RC PIPE SEWER DESIGN 3006 CL V 206.00 LIN FT S22.00 $4,532.00 2503.602 CONNECT TO EXISTING STORM SEWER 1.00 EACH S500.00 SSOO.OO 2502.521 4. PVC SEWER PIPE (SDR 26) 50.00 LIN FT SI0.00 S500.00 2504.602 ADJUST GATE VALVE&. BOX 1.00 EACH SI50.00 SI50.00 2506.501 CONST DRAINAGE STRUCTURE DES 48-4020 9.02 LIN FT SI80.00 SI,623.6O 2506.50 I CONST DRAINAGE STRUCTURE DESIGN C 6.10 LIN FT SI80.00 SI,098.00 2506.502 CONST DRAINAGE STRUCTURE DESIGN SPECIAL 2 1.00 EACH S9OO.00 S9OO.00 2506.516 CASTING ASSEMBLY 5.00 EACH S325.00 SI,625.00 2506.602 CASTING ASSEMBL Y SPECIAL 1.00 EACH S500.00 S500.OO 2506.522 ADJUST FRAME &. RING CASTING 2.00 EACH SIOO.OO S200.00 2521.501 4" CONCRETE WALK 1156.00 SQFT SI.80 $2.080.80 2531.S01 CONCRETE CURB &. GUTTER DESIGN B612 135.00 LIN FT SIO.OO SI,35O.00 2564.602 SALVAGE &. INSTALL SIGN 2.00 EACH S75.00 SI50.00 2571.S4 I TRANSPLANT TREE (2 112" CAL DECIDUOUS) 1.00 TREE $400.00 $400.00 DlV2 SPLIT RAIL FENCE (WOOD) 70.00 LIN FT SI5.00 SI,05O.00 2575.505 SODDING TYPE LAWN (INCLUDING 4" TOP SOIL) 390.00 SQYD S3.00 SI,170.00 2575.605 GEOTEXTILE FABRIC TYPE V 160.00 SQYD S3.00 $480.00 DIV2 PRElPOST CONSTRUCTION MANDREL TEST OF SAN. SEWER 1.00 LUMPSUM S250.00 $250.00 DIV2 SPLIT RAIL FENCE (WOOD) 70.00 LIN FT SI5.00 SI.05O.00 TOTAL 28895.40 . . SPECIFICATION 1903 DOES NOT APPLY TO THESE PAY ITEMS NOTES: . . Project Location: WSB Project No: Schedule B: Senior Center Drainage Problem City Shorewood, Minnesota 1074.25 WATERMAIN IAfPROVEMElvTS SCHEDULE B Designed By:GDM Checked By: DWS Dale: 05113/1999 Project Total Contract Contract Item Unit Toral Number Description Quantity Unit Price Price 2104.509 REMOVE HYDRANT 1.00 EACH S500.00 S500.00 2104.523 HYDRANT 1.00 EACH SI.200.00 SI.200.00 2504.603 6" WATER MAIN-DUCT IRON CL 52 4.00 LIN IT S30.00 5120.00 2504.605 4" POLYSTYRENE INSULATION 96.00 SQYD $4.00 5384.00 DlV2 12" x 6" TEE (WET TAP) W/VALVE 1.00 EACH 51.800.00 51.800.00 IUIAL 4004.00 SPECIFICATION 1903 DOES NOT APPLY TO THESE PAY ITEMS NOTES: . " SCHEDULE C Senior Center Drainage Problem Designed GDM Project Location: City Shorewood, Minnesota Checked IDWS WSB Project No: 1074.25 Date: 05/1311999 Schedule C: n\:4.L WEARING SURFACE Project Total Contract Contract Item Unit Total Number Description Quantity Unit Price Price 2232.501 MILL BITUMINOUS SURFACE (2") 12.00 SQYD $20.00 $240.00 2340.508 TYPE 41 WEAR COURSE MIXTURE 250.00 TON $30.00 $7,500.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT 160.00 GALLON $1.50 $240.00 2564.602 PA YEMENT MESSAGE (HANDICAPPED SYMBOL) PAINT 2.00 EACH $500.00 $1,000.00 . 2564.603 4" SOLID LINE WHITE-PAINT 900.00 LIN IT $2.00 $1,800.00 TOTAL 10780.00 SPECIFICATION 1903 DOES NOT APPLY TO THESE PAY ITEMS NOTES: TOTAL BID FOR SCHEDULE A, B. C = $ 43,679.40 . . . CITY OF SHOREWOOD RESOLUTION NO. 99-_ A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMA TES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON SENIOR CENTER DRAINAGE PROJECT WHEREAS, On July 22, 1997 GEH construction was determined to be in default of the contract for construction of the Southshore Senior Community Center, City Project 95-20; and WHEREAS, The City of Shorewood is desirous to remedy drainage problems on the site and to complete the Southshore Senior Community Center; and WHEREAS, WSB and Associates, Inc. has prepared plans, specifications and estimate for remedy and completion of said project; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans, Specifications and Estimates were prepared by WSB & Associates, Inc. for such improvement. Said plans, specifications and estimates are hereby approved and shall be filed with the City Clerk. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done. 3. Plans for said improvement have been included in the Noble Road Reconstruction Project, City Project 9901, and shall be bid, tabulated and constructed as part of that contract. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 12th day of July, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR ,J:" .,. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD. SHOREWOOD, MINNESOTA 55331-8927. (612) 474-3236 FAX (612) 474-0128 . www.state.net/shorewood . cityhall@shorewood.state.net MEMORANDUM TO: Mayor, City Council James C. Hurm, City Administrator . DATE: July 8, 1999 ~ FROM: Larry Brown, Director of Public Works RE: A Motion to Adopt a Resolution Approving Plans, Specifications and Estimate and Authorizing Advertisement for Bids for the Old Market Road Retaining Wall Project, City Project 9905 Attached are the plans and engineer's estimate for construction for the Old Market Road retaining wall. This wall consists of a three tiers. The first tier is a boulder wall, with the upper two tiers being constructed of timber materials. The center tier has failed structurally. The center is bulging, and is being held in place by the anchoring system behind the wall. Left alone, the wall will eventually collapse. . Plans propose to construct a new wall in front of 'the existing center tier. Removal of the center tier would require removal of the top tier as well. Construction of a new wall in front of the existing center tier will allow the top tier to remain in place. This new wall will have a deep anchoring system to prevent the failure that is presently happening. .. ~ The estimated cost of construction is $39,210.00. Staffhas received preliminary approval from the Office of State Aid to utilize Municipal State Aid (MSA) funds for this project. State rules make provisions for retaining walls that are within the public right of way, which are required for construction ofMSA roadways. Old market Road would not have been able to be constructed in it's current configuration, if not for the existing retaining wall. Staffis recommending that the plans be approved and the bid authorized for a bid opening on August 18, 1999 at 10:00 a.m.. Staffwill also be seeking final approval from State Aid concurrent to the bidding process. A resolution is attached for your consideration. n ~J PRINTED ON RECYCLED PAPER dB ~' ,~ Preliminary Schedule I WSB Project: Project Location: WSB Project No: Old Market Road Retaining Wall Shorewood, Minnesota 1074.34 Design By: DWS Checked By: Date: 08-Jul-99 Engineers Opinion of Probable Cost Project Total Line Item Unit Estimated Estimated No. Number Description Unit Price Quantity Cost 1 2021.501 MOBILIZA nON LUMP SUM 3,600.00 I I 3,600.00 2 I 3 , 2104.501 I REMOVE WOOD WALL (TOP BEAM) UN FT 8.00 145 i 1,160.00 4 ' I i I 5 2105.521 SELECT GRANULAR BORROW CUYD 30.00 40 I 1,200.00 i I 6 I ! I 7 2401.601 iSTRUCTURAL CONCRETE (lA43) CUYD I 425.00 20 I 8,500.00 I i 8 2401.601 i STRUCTURAL EXCA V AnON ! LUMP SUM i 4,000.00 1 I 4,000.00 i 9 i i I 10 2422.604 i WOOD RETAINING WALL (P) SQFT I 18.00 1,000 I 18,000.00 I ! 11 i I I 12 2563.601 [TRAFFIC CONTROL LUMP SUM I 1,000.00 I : 1,000.00 : 13 i i i 14 . 2575.505 I SODDING TYPE LAWN (INCLUDES 4" TOPSOIL) SQYD I 3.50 500 I 1,750.00 i I 15 16 i 17 I 18 I 19 , I ! i i 20 I I I (il'CA_N11 TUTAL $ 39,210.0 1074.34 Engineer's Estimate " ... CITY OF SHOREWOOD RESOLUTION NO. 98-030 A RESOLUTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS ON OLD MARKET ROAD RETAINING WALL PROJECT CITY PROJECT 9905, SAP 216-111-04 WHEREAS, the three tiered retaining wall immediately west of Old Market Road MSA Route 27-111-010-216 has failed structurally; and WHEREAS, the City of Shorewood has taken immediate steps to stabilize the wall and to design a remedy to said failure; and WHEREAS, WSB and Associates Inc. has prepared plans specifications and engineer's estimate for repair and restoration of said retaining wall; City Project 9905; . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood, Minnesota: 1. Plans, Specifications and Estimates were prepared by WSB & Associates, Inc. for such improvement. Said plans, specifications and estimates are hereby approved and shall be filed with the City Clerk. . 2. The City Clerk shall prepare and cause to be inserted in the official paper and in Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids will be opened and considered by the Council at 10:00 a.m. on August 18, 1999 in the City Hall Council Chambers, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the Clerk for 5 percent of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SH{)REWOOD this 12th day of July, 1999. ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR '1Pl " ADVERTISEMENT FOR BIDS OLD MARKET ROAD RETAINING WALL REPAIR CITY OF SHOREWOOD, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids will be received by the City of Shorewood at the office of the City Clerk until 10:00 a.m., August 18, 1999, at the City Hall and will be publicly opened and read at said time and place by representatives of the City of Shorewood. Said proposals for the furnishing of all labor and materials for the construction, complete in-place, of the following approximate quantities: 1 145 40 20 1 1,000 1 500 LUMP SUM UN FT CUYD CUYD LUMP SUM SOFT LUMP SUM SOYD Mobilization Remove Wood Wall (Top Beam) Select Granular Borrow Structural Concrete (1A43) Structural Excavation Wood Retaining Wall (P) Traffic Control Sodding Type Lawn (includes 4" topsoil) The bids must be submitted on the Proposal Forms provided in accordance with the Contract Documents, Plans, and Project Manual as prepared by WSB & Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426, which are on file with the City Clerk of Shorewood and may be seen at the office of the Consulting Engineers or at the office of the City Clerk. . Copies of Proposal Forms and the Plans and Project Manual for use by contractors submitting a bid may be obtained from the Consulting Engineers, WSB & Associates, Inc., 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426, upon deposit of Forty Dollars ($40) (non-refundable) per set. No bids will be considered unless sealed and filed with the City Clerk of Shorewood and accompanied by a cash deposit, cashier's check, or certified check, or bid bond made payable to the City of Shorewood for five percent (5%) of the amount bid, to be forfeited as liquidated damages in the event that the bid be accepted and the bidder fail to enter promptly into a written contract and furnish the required bond. No bids may be withdrawn for a period of forty-five (45) days from the date of opening of bids. The City. of Shorewood reserves the right to reject any or all bids. DATED: July 12, 1999 BY ORDER OF THE CITY COUNCIL sls T eri Naab Deputy City Clerk Shorewood, MN PUBLISHED IN THE: Sailor Suburban Newspaper. Construction Bulletin: July 16 & 23, 1999 July 16 & 21, 1999 OLD MARKET ROAD RETAINING WALL REPAIR CITY OF SHOREWOOD, MN WSB PROJECT NO. 1074.34 ADVERTISEMENT FOR BIDS PLAN SYMBOLS . srA1t LINE OOUNIY LINE 'IOlIIllN' OR IWlQE LINE SfX:IIClN LINE QUMlER LINE SlXIEEN1lI UN[ RIGHI" -OF'-WOY UNE SLOf'[ rASOIENT PRESENT RIGHT-of-WAY CXlHTRCl or NXES UNE PROI'Um' lJNES (EXCEPT lJH) lJNES) \UlCAlED P\AT1EIl PROPERlY CORI'OMlE OR CIlY UIIl11i ~NK _Y CfNlER LINE RETMlNG W/U. IW..IlIWl IW..IlIWl RIGHT-of-WAY RNER OR CREEJ( CRY RUN DRMlAGE DITCH DRAIN 'Ill CULIIERT CROP INln GUo\RO AM. IIAA8EIl WIRE FENCE WC!/EN WIRE FENCE QWN LINK FENCE IW..IlIWl SNOW FDlCE STONE M.l. OR FDlCE HEDGE IW..IlIWl CROSSING SIGN IW..IlIWl CROSSIIlG BEll. EI.EClRIC WARNIIlG SIGN CROSSING GAlE IIIf:ANDER CORNER SPRINGS - ~} CATCH_H FIRE HYDIWIT CATItE GUo\RO OVERPASS (HIGHWAY O'IER) UNIl€RPASS (HIGHWAY UNDER) IlRIlGE IMUlING (ONE STORY F1WoIE) F - _ C - CONCRETE $-STONE l-TU B - BRICK Sf-STUCCO IRllN ROO OR PIPE lIONUlIEHT (STONE, CONCRETE. OR 1lETAL) WOOllEN HUB CRAlIEl PIT SAND PIT BORROW PIT ROCK QUARRY -.- -0- w.>.U........... I I-/... '" '" .. .. ;;-~ ...= SIZE _ -->- -- 0-- . ---1:-1- ~--X.x- -'I.oc--ll..- - lIi It e - . ~ -til ...... e . CB ... -t-I-f- *.1= )~ [EB]:ll 711 o o MeNU. . @ @ @ ~ . UTI L1TY SYMBOLS POWER POlE UNE ~ TB.IPHONE OR lElEGRN'H POlE LINE . . .IOtNT lEl.EPHONE AND POWER -0--0- ON POWER POlE ON mD'HONE POLES . . NCHOR f- SlREET I.JQHT . PEDEST..... (JiUPHONE CIIIIU: TERII~ . PED. -- -G- WATER _ CONOlJll TB..EPHONE CIIIIU: IN CONDUT '9"==T= ELa:I'RIC CIIIIU: III CONDUIl" '9"==P= TB..EPHONE IIWlHOlE crJ ELa:I'RIC IIWlHOlE CI!J BURlED mD'HONE CABLE -T-BUR- IIURIEIl a..ecntc CAIlLE -P-BUR- IfRW. tn.EPHONE CIaI.t ... T-AE: -- SOlER (SMrIRf OR STORIof) -- SOlER ........a.E -..-.. \; SCALES INDEX MAP P'Lo.....- . 0 210 100 ROADWAY IMPROVEMENTS AND APPURTENANT WORK FOR THE CITY OF SHOREWOOD CONSTRUCTION PLAN FOR Retaining Wall Improvements and Appurtenant Work LOCATED ON Old Market Road from Muirfield Road to Waterford Court CITY PROJECT NO. 99-05 )f PROJECT ~~, ~ SHEET NO. Ml ~ In1 .QQYEBtflNG SPECIFICATIONS THE 1988 EDmOH Of THE MINNESOTA DEPAR'l'MENT Of' TRANSPORI'Al1ON "STANDMD SPEClfICAllONS FOR CONSI'RUC11ON- IS HoCMENOED BY THE 1999 SUPPLEMENT..... SPECIf1CAl1ON SHALL GOVERN. INDEX DESCRIPTION 1 2 3 :5 TITLE SHEET GENERAL PLAN AND ELEVATION WALL QUANTITIES AND DETAILS EXISTING CONDITIONS SURVEY WELLS ENGINEERS MINNESOTA, INC. ALL APPUCABlE FEDERAL. STATE. AND lOCAL LAWS AND ORDINANCES WILL BE COMPUEO WITH IN THE CONSTRUCTION Of' THIS PROJECT. ENGt€ER: ~ . I HEREBY CERTFY THAT THIS PlAN WIS PREPARED BY ME OR UNDER MY OIRECT SUPERYIS10N AND THAT I NA A DULY REGISTERED PROFESSIONAl.. ENGINEER UNDER THE lAWS OF THE STATE OF MN€SOTA. MTE: REG. NO.~ ChristM Lake T117N R23V1 cnv OF SHOREWOOO ENGINEER Prepared for: MlE EXCAVATION NOTICE SYSTEM A ~ TO GOPHER STAlE ONE (4M--0002) IS REQUHD A ..NItoAAI OF 48 HOURS PRIOR TO PERf'ORMH) Nt( EXCAVATION. CITY PROJ. NO. 99-0~ S.A.P. 216-111-04 City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 (6.12) 474-3236 TITLE SHEET SHEET NO.1 OF 4 SHEETS -&.- o r-' I I ~ ,/ \. I I , EXISTING 6'-0.:1: HIGH CEN1E:R WAlL W/6x6 r-, I I L,-,J 1\ , . " \ J \ , ! , DESIGN DATA 1"' NID CURRENI' IN1ERlM MS.H.T.O. DESIGN SPECS. WORKING STRESS IWCINUM AU.OWA8lE DESIGN SlRESSES: REINFORCED CONCREIi: rc - 4,000 PSI n - 8 fy - eo,ooo PSI REINFORCEMENT STRUC1URAL srm.: fy _ 36,000 PSI, STRUCT. STEEL SPEc. 3306 nt.lBER: (WORI<tlG STRESS t.tETHOO) fy - 1200 PSI. (s.Y.P. NO.1) UST OF SHEETS NO. ~ 1 GENERAL PlAN a: El.E.VATION 2 WALL a: DETAILS 3 30'-0-:1: EXISTING RETAINING WALL 60'-0.:1: BOWED LENGTH EXISTlNG RETAINING WALL 50'-0-:1: EXISTING RETAINING WALL ISTING CHAIN LINK FENCE WAr r-' I I l,-,J I, I , .' \ I \ I \ r-, I I l,..,J 1\ I \ I \ , . '. r-, I I 1,...,J " I ' I \ , \ , , , \ ; \ r- I I l,...J 1\ I \ I \ , \ / \ I \ r , I I L,...,J , \ I \ I , , \ r-' I I L,-,J , \ / \ 6'-0":1: HIGH UPPER WAlL W/6x6 PLANK , ~ :!~ " \ ~.... ! \ ~ ~~ EVERGREEN EXISTING 6'-0":1: HIGH LOWER STONE WAlL o o EVERGREEN EXISTING 5/8"' nE RODS ~~,(o~~- 6X8 POSlS 0 6'-0- SPA. - 138'-0" PROPOSED RETNNING WAlL EVERGREEN EVERGREEN GROUNDUNE ~ SCHEDULE OF QUANTmES ITEtoI NO. ITEtoI UNIT 2401.501 SJRUCTURAL CONCRETE 1M3 P CU. YD. 16 2401.601 STRUCTURE EXCAVATION WMP SUN 1 2422.604 P . FT. 1000 (P) DENOTES PlAN 0UNm1Y PAY ITEtoI PER NN/OOT SPEc. 1901 CONSTRUCTION NOTES THE 1988 EOITION Of' THE IoINNESOTA DEPARTMENT Of' lRANSPORTATION "STANDARD SPECIFICATIONS FOR CONSTRUCTION" AS At.tNENDEO BY THE 1999 SUPPlEMENTAL SPECIFICATION SlWJ.. OO\IERN. CONTRACTOR SlWJ.. VISIT SITE AK) BECOUE FANIARIZEO WITH EXISTlNG STRUCTURES, TOPOGRAPHY AND UTILITIES. ALL INFORMATION SHOWN IS APPROXIMATE. CONTRICTOR SHALL FIELD VERIFY DIMENSIONS, LOCATIONS AND El.E.VATIONS. ALL REMOVAl. WORK SHALL BE IN ACCORDANCE WITH MN/DOT srANOAAD SPECIFICATIONS fOR CONSTRUCTION. 1988 EDITION, SECTION 2104.2 AND 2104.3. CONSTRUCTION REQUIREMENTS stW.L CONFORN TO SPEC. 2403.3. ALL HAAOWARE SHALL BE GALVANIZED PER SPEC. 3392. ALL 11MBER TO BE PRESSURE TREATED PER SPEC. 3491 SYP TREATED WITH CCA (BROWN). ALL TIWBER IS ~S UNlESS OTHERWISE NOTED. THE CONTRICTOR SHALl. AT HIS OWN EXPENSE. PROVIDE TEIolPORARY CONSTRUCTlOH, PUMPING OR OTHER MFANS TO THE EXTENT NECESSARY TO PERNIT FOUNDATION COHSTRUCTlON IN A DRY EXCAVATION. THE CONTRICTOR SHALL DRESS SLOPES Af1ER CONSTRUCI1ON TO MATCH ADJACENT CONTOURS. INa.UDED IN PRICE Ell) FOR STRUCTURE EXCAVATION. THE CONTRACTOR SHALl. ClEAR, GRUB a: lRlM TREES a: BRUSH ~ NECESSARY TO EXCAVATE a: CONSTRUCT WAll.. tfCWDEO IN PRICE BID FOR STRUCTURE EXCAVATION. UTIUlY NOTES THE CONTRACTOR SHALL VERIFY THE LOCATION OF RELOCATED AND ~ UTlU11ES ANO SHALl. EXERCISE CARE IN ADJACENT CONSTRUCTION. ~~*oIJ.-()'~ 3'-2":1: 145'-0":1: PROPOSED RETAINING WAlL . EXISTING CHAIN UNK FENCE A OLD MARKET DRIVE WALL PLAN NO SCAlE CURB . 1035 1030 1025 ..EX\STJNG.=- 6' -0. HIGH CENTER WAIl. W/6x6 PLANK 1020 = 1015 1010 1005 WALL ELEVATION NO SCAlE INPLACE 1r CENTER WAIl. 10 10'-0":1: 9'-0":1: 12'-0":1: UPPER WALL it ? '" SEE DETAL CONCRETE ANCHOR (OrADMEN) N .~! '. ., . 8" , CONCRETE fiLL AROUND POST it . o I '" i ! l_.J GOPHER STATE ONE CALL AlL CONTRACTORS MUST CONTACT GOPHER STATE ONE CALl lWlN CRY AREA 651-454-0002 MN, TOlL fREE 1-800-252-1166 CITY Of SHOREWOOO t.lINNESOTA; DEPARTMENT Of TRANSPORTATION RETAINING WALL OlD t.fARKET ORNE ,. THE CllY Of' SHOREWOOO WALL REPLACEMENT GENERAL PLAN & ElEVATlQN ,:t~_t~:i:_" _ __ -,{t:'~:i:',:. SEC. 36 T 117M..'';;;. . R j' CllY OF' SHOREWOOO tENHEPIf APPRCNED: ~~:[~~4~~~:"f ~ NPVCE ~~ CONCRETE ANCHOR (DEADtotEN) i_._.....J .'~ ... ., , t .. . l '~'. 6'-0":1: ., LOWER WALL it ? Co .. '-...:, ,.. ~. PROPOSED CENTER WAlL SECTION NO SCALE SE~JitA-A INPLACE CENTER WALL DETAIL NO SCALE . . S.A.Po NO. 216-111,~ 4 .-------... I::'IMIIIS EIr.r:'-~~A~1i~ll MItINI8O'I'A. me. ".' ~ 1." ...: ";,. . ".' 8'-0- 6'-0. 2x6 FJaNG PlANK - r: POST ~~.rLS 12'-0- LONG .) STAGGER ~ SHOWN :- . . .: '0 00 . .i '00 ,:1: 00. ;:1: . .: 00 :1:' ,0 . "0 ,:1: 00. ::1: ..l 00 :1:: :- . ..; '00 ,:1: ..: ;:1: '.. :1:' ,0 . " '0. ,:1: ..l ::1: ." :1:, ," ,.. '00 :1: '0 ,:1: 00 :1:" ::: ;.. :1: ..; ;:1: ..: . . . - " .. -lS. , - ( . (TYP .) 0 - , . . - . . .' .0--816 W 3 f- (TYP. 0 . , . - ... :- .. .. ".' ~ f--'os- 4 ...::.:-:. .-.... ~ t A t A MATCH EXISTING WALL ELEVATION 2x6 FACING PI.ANK 12'-0. LONG CONNECTED TO POST WITH 2 EACH 16<:1 NAILS. COlOR SHAlL BE BROWN. - WIDE BLOCKING SHIM AS NECESSARY FOR FULL CONTACT USE 60d R.S. TOENAILS 1" .. BILL OF TREATED TIMBER FOR WALL @ NO. FIN. 24 545 144 S4S 48 545 51 E LENGTH F.B,.., 6-xS- 14'-0- 1344- 2-x6- 12'-0- 1728 2.x6- 6'-4- 288 -tl INPlACE b CENTER W I io ITEM WALL POST 3 WALL PLANK SHI.. BLOCK 3360 TOTAL F.B.... FOR SUPERSTRUClURE ---------- BILL OF HARDWARE FOR WALL @ 1S. , CONCRETE ALL AROUND POST (STRUClURAl. CONC.. 1M3) CONCRETE FILL STRUCTURAl. CONe. 1M3) TOTAL WT. '. ITEM WT. .xS.x14'-O- W~ POSTS PlACED AT 6'-0 ON CENTER BATTER 1/2. PER FOOT I- Z w ::I: . 0 ::I 0 II:: Ii: .. ::I: . IlO w JrJ o 0: ~ - 0 Q, z 8 30 20 16<1 NAILS PLANK TO POST ..... 60d R.S. NAILS-SHIM TO POST 9 VERTICAl. REBAR TIES 0 12. O.C. AU. POSTS) . 50 POUNDS TOTAl. HARDWARE FOR SUPERSTRUCTURE SUMMARY OF QUANTITIES FOR WALL UANTITY 1000 50 16 3150 UNIT SQ. FT. POUND U. YD POUND ITEM WOOD RETAINING WALL HARDWARE STRUClURAL CONCRETE 1M3 6 REINFORCE..ENT BARS . o I N ~- .<.. :'. c. ..: '~. ELEVATION (NO SCALE) PROPOSED CENTER WALL SECTION <NO SCALE) NOTES CD ALL POSTS TO BE SOUTHERN YELlOW PINE, NO.1. ~ COLOR SHALl BE BROWN. SEE SPECIAl. PROVISIONS. 1.& WALL PLANK ARfA. @ TRI.. TO m SNUG AT END POSTS AND EXISTING 6x6 PLANK. (9 INClUDED IN PRICE BID FOR "WOOD RETAINING WALL-. @ SEE SPECIAl. PROVISIONS. @ INCLUDED IN PRICE BIO FOR "STRUCTURAL CONCRETE (1M3).. CONSTRUCTION NOTES AU. UMBER IS S4S UNLESS OTHERWISE DESIGNATED. CONSTRUCTION REQUIREMENTS SHALl CONFORM TO SPEC. 2403.3. ALL HARDWARE SHALL BE GALVANIZED PER SPEC. 3392. ALL nMBER IS SHALL BE PRESSURE TREATED PER SPEC. 3491. SYP TREATED WITH CCA (BROWN). 6.xS.x14'-O. POST ~WIDE BLOCKING SHIM ICKNESS AS NEEDED> ASTEN TO POST AND EXISTING 6x6 PlANK WITH 60d R.S. TOENAILS . 1S- , CONCRETE FILL 10' -0- DEEP {STRUClURAL CONe. 1M3) 2x6 FACING PLANK INPlACE 6x6 CENTER WALL 6.xS.x14'-o- POST SECTION B-B (NO SCALE) SECTION A-A (NO SCALE) S.A.P. NO. 216-111- 4 I RUB INGDf11118 FIlL: QUANT 1IINNISO'l'A. INC. .-------... !!!!!!U!:J!II!! -. -...-- ~-_....-...._.. WALL QUANTITIES AND DETAILS I \ , \ ! \ I \ o <( o et: tJ ~ et: <( ~ o .....I o tI) C'\j o \ \ \ 1010--\ \ o ~ (J1 tI) o o ! o I.AJ Z ::i ~ ~ I LA.. o I ~ (,) 02, . .. j \ . <0 I<) V N z ::s 0.. ~ o ~ \ \ . . . CD' : a:::: . ::> . : (,) : 'I.AJ' O::::c:: ffi::C: cr :(,): IJ;I~' ....z..?; ~ 'z' Q,...J: ::) >' 'I.AJ' ll.Q,.' WQ,. O..J :LA..: ::> : u ~:;l :::c:: z~: r~ . ::x::~ :z: (,)to: e>:tO : u ~::i :~~~~~ ~~ I=Z2= :i=o..J i=~ ~..J (I)':;l .Vl I -J Vl I'..J .Vl I::::> -:3:.- <: - -< - -0 ~ :~l.o~ ?5<o3 ?5<o.CD It)- 0 It)- 0 It)- 0 It)- 0 1')' 1')' N N ....... ...-' O. 0 0: 0: 0: 0: 0: 0: 0: 0: .... ...- - .... .... ...- .... ..... . z o ~ Gj --' W . +' .Q) Q) '.C en V 'to- o V CJ) Z o 1= 0)- ~~ o a::: o=> Zen 1= CJ) X UJ =!i lei I' Iii V ~I.; 1 J I := 1!lt 1-' <0 N ~ ~iU ~- (J') >- ~ a: ~ ~ Ii: " To: Mayor and City Council James C. Hurm, City Administrator From: Ted Naab, Shorewood Executive SecretarylDeputy Clerk Date: July 8, 1999 Re: Licensing Tobacco Retailers . Minnesota Session Laws 1997, Chapter 227 established minimum standards for the sale, possession and use of tobacco products. Retailers selling tobacco products must be either licensed by the County or the City. The City has been asked by Hennepin County to consider licensing tobacco retailers within the City. Other than the administrative portion of the licensing procedure, periodic compliance checks would be required. In checking with SLMPSD, we found that they are already doing the compliance checks and plan to continue to do so in the future. Either way, the Chapter 302 of the Shorewood City Code governing the sale of tobacco products is outdated in that it a Statute by reference that has since been repealed. A draft model ordinance is included in your packet for consideration. Prior to adoption, a 30 day notice must be given to tobacco retailers. . Council should decide if licensing should be done by the City or at the County level. Additionally, direction should be given to staff with regard to adoption of an amended ordinance relating to the sale of tobacco products. tGJ CITY OF SHOREWOOD DRAFT ORDINANCE NO. AN ORDINANCE TITLED ''SALE OF TOBACCO" AND AN AMENDMENT TO CHAPTER 1301.02 - ESTABLISIDNG FEE FOR TOBACCO RETAILER LICENSE THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, ORDAINS AS FOLLOWS: Section 1. Chapter 302 of the Shorewood Code of Ordinances is hereby repealed and replaced with the following: 302.01: PURPOSE: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related devices, and such sales, possession, and use are violations of . both State and Federal laws;. and because studies, which are hereby accepted and adopted, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the said possession, and use of tobacco, tobacco products, and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products and tobacco related devices, and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in Minn. Stat. ~144.391. 302.02: DEFINITIONS AND INTERPRETATIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and neuter, and vice-versa. . The term "shall" means mandatory and the term "may" means permissive. The following terms shall have the definitions given to them: Subd. 1. Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean any substance or item containing tobacco leaf, including but not limited to cigarettes; cigars; pipe tobacco; snuff; fine cut or other chewing tobacco: cheroots: stogies; perique; granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or srnoking. Subd. 2. Tobacco Related Devices. Tobacco related devices shall mean any tobacco product as well as a pipe, rolling paper, or other device intentionally designed or intended to be used in a manner which enables the chewing, stuffing, or smoking of tobacco or tobacco products. Subd. 3. Self-Service Merchandising. "Self-Service Merchandising" shall mean open displays of tobacco, tobacco products, or tobacco related devices in any manner where any person shall have access to the tobacco, tobacco products, or tobacco related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, or tobacco related device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Subd. 4. Vending Machine. "Vending Machine" shall mean any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco related devices upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product, or tobacco related device. . Subd. 5. Individually Packaged. "Individually packaged" shall mean the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in .this subdivision shall not be considered individually packaged. Subd. 6. Loosies. "Loosies" shall mean the common term used to refer to a single or individually packaged cigarette. Subd. 7. Minor. "Minor" shall mean any natural person who has not yet reached the age of eighteen (18) years. . Subd. 8. Retail Establishment. "Retail Establishment" shall mean any place of business where tobacco, tobacco products, or tobacco related devices are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Subd. 9. Moveable Place of Business. "Moveable Place of Business" shall refer to any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 10. Sale. A "sale" shall mean any transfer of goods for money, trade, barter, or other consideration. Subd. 11. Compliance Checks. "Compliance Checks" shall mean the system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco related devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, or tobacco related devices for educational, research and training purposes as authorized by State and Federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate Federal, State, or local laws and regulations relating to tobacco, tobacco products and tobacco related devices. 302.03: LICENSE: No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the City. Subd. I. Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers the name of the business for which the license is sought, and any additional infonnation the City deems necessary. Upon receipt of a completed application, the City Clerk shall forward the application to the City Council for action at its next regularly scheduled meeting. If the City Clerk shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application . complete. Subd. 2. Action. The City may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City shall approve the license, the City Clerk shall issue the license to the applicant. If the City denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the decision. Subd.3. Term. All licenses issued under this ordinance shall be valid for one calendar year from the date of issue. Subd. 4. Revocation or Suspension. Any license issued under this ordinance may be revoked or suspended as provided in the Violations and Penalties section of this ordinance Subd 5. Transfers. All licenses issued under this ordinance shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. . Subd. 6. Moveable Place of Business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this ordinance. Subd. 7. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 8. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application The request for a renewal shall be made at least thirty days but no more than sixty days before the expiration of the current license. The issuance of a license issued under this ordinance shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. 302.04: FEES: No license shall be issued under this ordinance until the appropriate license fee shall be paid in full. The fee for a license shall be as provided in Section 1301.02 of this Code. 302.05: BASIS FOR DENIAL OF LICENSE: The following shall be grounds for denying the issuance or renewal of a license under this ordinance; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this Section. A. The applicant is under the age of 18 years. . B. The applicant has been convicted within the past five years of any violation of a Federal, State or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related devices revoked within the preceding twelve (12) months of the date of the application. D. The applicant fails to provide any information required on the application, or provides false or misleading information. E. The applicant is prohibited by Federal, State or other local law, ordinance or other regulation, from holding such a license. . 302.06: PROHIBITED SALES: It shall be a violation of this ordinance for any person to sell or offer to sell any tobacco, tobacco product, or tobacco related device: A. To any person under the age of eighteen (18) years. B. By means of any type of vending machine, except as may otherwise be provided in this ordinance. C. By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, or tobacco related device and whereby there is not a physical exchange of the tobacco, tobacco product, or tobacco related device between the licensee or the licensee's employee, and the customer. D. By means of loosies as defined in this chapter. E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine arid other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. F. By any other means, to any other person, on in any other manner or form prohibited by Federal, State, or other local law, ordinance provision, or other regulation. 302.07: VENDING MACHINES: Option 1: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine. Option 2: It shall be unlawful for any person licensed under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending machine unless minors are at all times prohibited from entering the licensed establishment. 302.08: SELF-SERVICE SALES: It shall be unlawful for a licensee under this ordinance to allow the sale of tobacco, tobacco products, or tobacco related . devices by any means where by the customer may have access to such items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, or the tobacco related device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, and tobacco treated devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, or tobacco related devices at the time this ordinance is adopted shall comply with this Section within days. 302.09: RESPONSffiILITY: All licensees under this ordinance shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this section, State or Federal law or other . applicable law or regulation. 302.10: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of fifteen (15) years but less than eighteen (18) years, to enter the licensed premise to attempt to purchase tobacco, tobacco products, or tobacco related devices. Minors used for the purpose of compliance checks shall be supervised by designated law enforcement officers or other designated City personnel. Minors used for compliance checks shall not be guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of tobacco, tobacco products or tobacco related devices when such items are obtained or attempted to be obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or . his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by State or Federal laws for educational, research, or training purposes, or required for the enforcement of a particular State or Federal law. 302.11 : OTHER ILLEGAL ACTS: Unless otherw:ise provided, the following acts shall be a violation of this ordinance: Subd. I. Illegal Sales. It shall be a violation of this ordinance for any person to sell or otherwise provide any tobacco, tobacco product, or tobacco related device to any nunor, Subd. 2. Illegal Possession. It shall be a violation of this ordinance for any minor to have in his or her possession any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. .' Subd.3. Illegal Use. It shall be a violation of this ordinance for any minor to smoke, chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device. Subd. 4. Illegal Procurement. It shall be a violation of this ordinance for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or tobacco related device, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person so coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of False Identification. It shall be a violation of this ordinance for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. . 302.12: VIOLATIONS: Subd. I. Notice. Upon discovery of a suspected violations the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his or her right to be heard on the accusation. Subd. 2. Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. Subd. 3. Hearing Officer. An Administrative Law Judge from the State Office of Hearing Examiners shall serve as the hearing officer. Subd. 4. Decision. If the hearing officer determines that a violation of this ordinance did occur, that decision along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 302.13 of this chapter, shall be recorded in writings a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. Subd. 5. Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the jurisdiction of the City in which the alleged violation occurred. Subd. 6. Misdemeanor Prosecution. Nothing in this ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this chapter. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. Subd. 7. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. 302.13. PENALTIES: . Subd. 1. Licensees. Any licensee found to have violated this ordinance, or whose employee shall have violated this ordinance, shall be charged an administrative fine as provided in Section 1301.02 of this Code. In addition, after the third offence, the license shall be suspended for not less than seven days. Subd.2. Other Individuals. Other individuals, other than minors regulated by subdivision 3 of this Subsection, found to be in violation of this ordinance shall be charged an administrative fee as provided in Section 1301.02 of this Code. Subd. 3 Minors. Minors found in unlawful possession of or who unlawfully purchase or attempt to purchase, tobacco, tobacco products, or tobacco related devices, shall be . (Note: The state law requires the licensing authority to consult with interested parties of the courts, educators, parents, and children, to develop an appropriate penalty for minors in that particular community. The penalty . does not have to be in the form of a fine. It could include tobacco related education classes, diversion programs, community services, or other penalty the City believes will be appropriate and effective.) Subd. 4. Misdemeanor. Nothing in this section shall prohibit the City from seeking prosecution as a misdemeanor for any violation of this ordinance. 302.14. EXCEPTIONS AND DEFENSES: Nothing in this chapter shall prevent the providing of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the violation of this ordinance for a person to have reasonably relied on proof of age as descnbed by State law. 302.15: SEVERABILITY AND SAVINGS CLAUSE: If any section or portion of this ordinance shall be found nonconstitutional or otherwise invalid or unenforceable by a court of competent jurisdiction, that finding shall not serve as an . .. invalidation or effect the validity and enforceability of any other section or provision of this ordinance. Section 2. Chapter 1301.02 is hereby amended to add the following: Tobacco Retailer License $ /premise Administrative Pines: Licensees in Violation Other Individuals in Violation $75.00/first offense 200.00/second offense in 24 month period 250.00/thereafter within 24 month period 50.00 per offense Section 3. This ordinance is effective the date following its publication. ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this day of . 1999. . ATTEST: WOODY LOVE, MAYOR JAMES C. HURM, CITY ADMINISTRATOR . ~ ,. Date: 07/08/1999 Time: 12:33:23 CITY OF SHOREWOOD FM Entry - Invoice Cash Disbursement Journal Save As: list Ranges: Journal #: (A) Transaction #: (A) Check Date: (A) Check#: (~) 26053 - 26142 Bank#: (A) # of copies: 1 Void Checks: N Options: Check # Vendor Name Account # Jrnl# Trans Title Check Date Type Descripcion 26053 US POSTMASTER 601-49400-208 POSTAGE 611-49450-208 POSTAGE 06/28/1999 R 144 QTR QTR U/B POSTAGE QTR QTR U/B POSTAGE Invoice 2ND QTR Total: . 26054 GOVT FINANCE OFCRS ASSOC 06/29/1999 M 167 1 101-41500-433 DUES AND SUBSCRIPTIONS CERT OF ACHIEVEMENT-SUBMISSION Invoice Total: 26055 MEDICA 101-49200-131 641-49750-131 642-49750-131 643-49750-131 07/06/1999 R UNALLOCATED EMPL INSUR - CIT HEALTH INSURANCE EMPLOYEE INSURANCE - CITY SH HEALTH INSURANCE EMPLOYEE INSURANCE - CITY SH HEALTH INSURANCE EMPLOYEE INSURANCE - CITY SH HEALTH INSURANCE Invoice Total: 143 26056 UNUM LIFE INSURANCE CO 07/06/1999 101-49200-131 UNALLOCATED EMPL INSUR - CIT LIFE 101-21705 VOLUNTARY PAYROLL DEDUCTS PAYABL LIFE 641-49750-131 EMPLOYEE INSURANCE - CITY SH LIFE 642-49750-131 EMPLOYEE INSURANCE - CITY SH LIFE 643-49750-131 EMPLOYEE INSURANCE - CITY SH LIFE R INSURANCE INSURANCE INSURANCE INSURANCE INSURANCE 143 Invoice JULY Total: . 26057 AFSCME COUNCIL 14 07/06/1999 R 143 101-49200-131 UNALLOCATED EMPL INSUR - CIT DELTA DENTAL Invoice JULY Total.: 26058 FORTIS BENEFITS INS CO 07/06/1999 R 143 101-49200-131 UNALLOCATED EMPL INSUR - CIT SiT DISABILITY 641-49750-131 EMPLOYEE INSURANCE - CITY SH SiT DISABILITY 642-49750-131 EMPLOYEE INSURANCE - CITY SH SiT DISABILITY 643-49750-131 EMPLOYEE INSURANCE - CITY SH SIT DISABILITY Invoice JULY Total: 26059 MN NCPERS 101-21705 VOLUNTARY PAYROLL DEDUCTS 07/06/1999 R 143 PAYABL PERA LIFE INSURANCE Invoice 7624799 Total: 26060 TONKA BAY-CITY OF 643-49750-410 RENTS 07/06/1999 R 143 RENT-TB LIQUOR Invoice JULY Total: Operator: Page on Check: N 1 2 3 4 5 6 Amount 165.20 330.38 350.00 5,850.55 195.16 195.16 195.16 68.60 14.20 1. 70 1. 70 1. 70 295.44 81. 00 4.50 4.50 4.50 33.00 1,100.00 Kathy Invoice 495.58 350.00 6,436.03 87.90 295.44 94.50 33.00 1,100.00 Page: Check 495.58 350.00 6,436.03 87.90 295.44 94.50 33.00 1,100.00 ... , . Date: 07/08/1999 Time: 12:33:25 CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check # Vendor Name Accounc # Ti tle -------------------------------------------------------------------------------------------------------------------------------- Check 26061 GRIFFIN COMPANIES 642-49750-410 RENTS 26062 TOWLE REAL ESTATE COMPANY 641-49750-410 RENTS Check Date Type Description Jrnl# 07/06/1999 R 143 RENT-WATERFORD LIQ Invoice 745003-07 Total: 07/06/1999 R 143 RENT-PLAZA RENT Invoice 23730-07 Total: 26063 PERA 101-21704 PERA WITHHOLDING PAYABLE 101-49200-121 UNALLOCATED PERA - CITY SHAR 26064 ICMA RETIREMENT TRUST-457 101-21705 VOLUNTARY PAYROLL DEDUCTS . 26065 CITY COUNTY CREDIT UNION 101-21705 VOLUNTARY PAYROLL DEDUCTS 26066 AFSCME COUNCIL 14 101-21705 VOLUNTARY PAYROLL DEDUCTS 26067 AMERICAN PLANNING ASSOC. 101-41910-245 GENERAL SUPPLIES 07/07/1999 PERA PERA-CITY SHARE Invoice 070699 Total: R 154 07/07/1999 R 154 PAYABL DEFERRED COMP Invoice 070699 Total: 07/07/1999 R 154 PAYABL PAYROLL DEDUCTIONS Invoice 070699 Total: 07/07/1999 R 154 PAYABL JULY UNION DUES Invoice 070699 Total: 07/07/1999 R 149 TRAFFIC CALMING Invoice NIELSEN Total: 26068 HELGESEN, PATRICIA 07/07/1999 R 101-21711 SEC 125 HEALTH CARE REIMB PAYABL SEC 125 REIMB Invoice Total: . 26069 MN CHILD SUPPORT PMT CTR 101-21705 VOLUNTARY PAYROLL DEDUCTS 149 07/07/1999 R 154 PAYABL CHILD SUPPORT-C. SCHMID Invoice SCHMID Total: 26070 PAZANDAK, JOSEPH 07/07/1999 R 149 101-42400-331 TRAVEL, CONFERENCE & SCHOOLS MILEAGE Invoice 062099 Total: 26071 ROGERS, DON 101-41110-400 CONTRACTUAL SERVICES 07/07/1999 R PACKET DELIVERY Invoice Total: 149 26072 SUPERAMERICA 07/07/1999 R 101-43050-212 MOTOR FUELS & LUBRICATION FUEL InVOice Total: 26073 US WEST DEX 641-49750-342 ADVERTISING & 144 07/07/1999 R 149 PROMOTIONS ADVERTISING Invoice 5432915000 Total: Trans 12 22 4 3 96 Amount 7 7,182.50 8 3,892.77 1 1,509.75 1,646.47 2 1,lS0.62 3 1,230.80 4 170.45 34.00 516.51 5 173.51 9 52.39 100.00 1,137.97 113.30 Kathy Invoice 7,182.50 3,892.77 3,156.22 1,180.62 1,230.80 170.45 34.00 516.51 173.51 52.39 100.00 1,137.97 113.30 Page: 2 7,182.50 3.892.77 3,156.22 1,180.62 1,230.80 170.45 34.00 516.51 173.51 52.39 100.00 1,137.97 113.30 .... Date: 07/08/1999 Time: 12:33:26 Check # Vendor Name Account # Title -------------------------------------------------------------------------------------------------------------------------------- Check 26074 MR. PAUL N. STEINER 303-47000-601 BOND PRINCIPAL 303-47000-611 BOND INTEREST CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrnl# 07/07/1999 R 144 BONDS 97/100/103/106/109 BONDS 97/100/103/106/109 Invoice 062399 Total: 26075 TOTAL REGISTER SYSTEMS 07/07/1999 R 151 642-49750-221 MAINTENANCE OF EQUIPMENT COMPUTER MAINT Invoice 4745811 Total: 26076 JONES, MARK Z. 303-47000-601 BOND PRINCIPAL 303-47000-611 BOND INTEREST . 26077 ROBERT H. MASON, INC 303-47000-601 BOND PRINCIPAL 303-47000-611 BOND INTEREST 26078 BELLBOY BAR SUPPLY 641-49750-245 GENERAL SUPPLIES 641-49750-254 MISC PURCHASES 643-49750-254 MISC PURCHASES 642-49750-254 MISC PURCHASES 642-49750-245 GENERAL SUPPLIES 26079 H & H INDUSTRIES, INC. 642-49750-245 GENERAL SUPPLIES . 26080 GRIGGS, COOPER & COMPANY 641-49750-251 LIQUOR PURCHASES 641-49750-252 WINE PURCHASES 641-49750-251 LIQUOR PURCHASES 642-49750-252 WINE PURCHASES 642-49750-251 LIQUOR PURCHASES 642-49750-254 MISC PURCHASES 643-49750-252 WINE PURCHASES 643-49750-251 LIQUOR PURCHASES 643-49750-254 MISC PURCHASES 643-49750-251 LIQUOR PURCHASES 07/07/1999 R 144 BONDS 99/102/105/108/111 BONDS 99/102/105/108/111 Invoice 062399 Total: 07/07/1999 R 144 BONDS 98/101/104/107/110 BONDS 98/101/104/107/110 Invoice 062399 Total: 07/07/1999 R 124 SUPPLIES MISC Invoice 29896100 Total: MISC PURCHASE Invoice 29896300 Total: MISC SUPPLIES Invoice 29907800 Total: 07/07/1999 R 149 SUPPLIES Invoice 177007 Total: 07/07/1999 R 135 LIQUOR CREDIT Invoice 111449 Total: WINE Invoice 64807 Total: LIQUOR Invoice 64808 Total: WINE Invoice 64813 Total: LIQUOR MISC Invoice 64814 Total: WINE Invoice 64826 Total: LIQUOR MISC Invoice 64827 Total: LIQUOR Invoice 65223 Total: Trans Amount 7 25,000.00 26,018.40 2 1,197.87 9 25,000.00 26,018.40 8 25,000.00 26,018.40 9 22.37 152.21 191. 93 61. 84 35.94 57 191.06 28 -184.20 425.07 1,625.54 273.21 679.22 81.78 274.58 2,241.89 88.44 24.93 Kathy Invoice 51,018.40 1,197.87 51,018.40 51,018.40 174.58 191.93 97.78 191. 06 -184.20 425.07 1,625.54 273.21 761. 00 274.58 2,330.33 24.93 Page: 51,018.40 1,197.87 51,018.40 51,018.40 464.29 191.06 5,530.46 Date: 07/08/1999 Time: 12:33:29 CITY OF SHOREWOOD FM Entry - Invoice Cash Disbursement Journal Operator: Kathy Page: 4 Title Check Date Type Description Jrnlll Trans Check II Account II Vendor Name Amount Invoice Check 26081 JOHNSON BROS LIQUOR CO. 07/07/1999 R 135 39 643-49750-252 WINE PURCHASES WINE -23.00 Invoice 92815 Total: -23.00 641-49750-252 WINE PURCHASES WINE 897.75 641-49750-251 LIQUOR PURCHASES LIQUOR 452.20 Invoice 986799 Total: 1,349.95 643-49750-252 WINE PURCHASES WINE 216.95 Invoice 986800 Total: 216.95 642-49750-251 LIQUOR PURCHASES LIQUOR 228.06 642-49750-252 WINE PURCHASES WINE 46.61 Invoice 987686 Total: 274.67 643-49750-251 LIQUOR PURCHASES LIQUOR 13 5 . 15 Invoice 987687 Total: 135.15 1,953.72 26082 LAKE REGION VENDING 07/07/1999 R 124 28 642-49750-254 MISC PURCHASES MISC 379.95 . Invoice 7208 Total: 379.95 641-49750-254 MISC PURCHASES MISC 227.97 Invoice 7209 Total: 227.97 643-49750-254 MISC PURCHASES MISC 455.94 Invoice 7210 Total: 455.94 1,063.86 26083 NORTH STAR ICE 07/07/1999 R 149 78 642-49750-254 MISC PURCHASES MISC 367.62 Invoice 63270-06 Total: 367.62 641-49750-254 MISC PURCHASES MISC 497.04 Invoice 63272-06 Total: 497.04 643-49750-254 MISC PURCHASES MISC 745.02 Invoice 72250-06 Total: 745.02 1,609.68 26084 PAUSTI S WINE COMPANY 07/07/1999 R 124 32 643-49750-253 BEER PURCHASES BEER 65.40 Invoice 110587 Total: 65.40 641-49750-252 WINE PURCHASES WINE CREDIT -38.80 . Invoice CM623 Total: -38.80 26.60 26085 PHILLIPS WINE & SPIRITS 07/07/1999 R 135 48 642-49750-252 WINE PURCHASES WINE CREDIT -71.35 Invoice 3196357 Total: -71.35 643-49750-252 WINE PURCHASES WINE CREDIT -6.00 Invoice 3196358 Total: -6.00 641-49750-252 WINE PURCHASES WINE 1,492.75 641-49750-251 LIQUOR PURCHASES LIQUOR 670.60 Invoice 5040n Total: 2,163.35 642-49750-251 LI9UOR PURCHASES LIQUOR 349.64 642-49750-252 WINE PURCHASES WINE 100.34 Invoice 504865 Total: 449.98 2,535.98 26086 QUALITY WINE & SPIRITS CO 07/07/1999 R 149 94 642-49750-251 LIQUOR PURCHASES LIQUOR/WINE 381.38 642-49750-252 WINE PURCHASES WINE 34.29 Invoice 723540-00 Total: 415.67 642-49750-251 LIQUOR PURCHASES LIQUOR CREDIT -100.48 Date: 07/08/1999 Time: 12: 33 : 31 Check n Vendor Name Account n Title 643-49750-251 LIQUOR PURCHASES 26087 WINE MERCHANTS 642-49750-252 WINE PURCHASES 26089 ADAM'S PEST CONTROL, INC 101-41940-400 CONTRACTUAL SERVICES 26090 ALL STEEL PRODUCTS CO. 631-49600-245 GENERAL SUPPLIES .26091 B & J AUTOMOTIVE 101-43050-221 MAINTENANCE OF 26092 BEARCOM 101-43050-221 MAINTENANCE OF 26093 BIFFS, INC. 101-45200-410 RENTALS 26094 BOB'S PERSONAL COFFEE SVC 101-43050-245 GENERAL SUPPLIES 101-41940-245 GENERAL SUPPLIES .6095 BRYAN ROCK PRODUCTS, INC. 101-45200-245 GENERAL SUPPLIES 26096 RIDGEVIEW BUSINESS HEALTH 641-49750-400 CONTRACTUAL SERVICES 26097 CARVER HEATING & AIR INC 401-48000-580 OTHER IMPROVEMENTS 26098 HARDRIVES, INC 460-48000-400 CONTRACTUAL SERVICES CITY OF .SHOREWOOD FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrnlll Trans Invoice 724525-00 Total: LIQUOR CREDIT Invoice 724551-00 Total: 07/07/1999 R WINE Invoice 18845 Total: 135 62 07/13/1999 R 144 QTRLY PEST CONTROL Invoice 1114400 Total: 6 07/13/1999 R 158 STORM WATER' MAINT Invoice 3102 Total: 11 07/13/1999 R EQUIPMENT EQUIP MAINT Invoice 15212 158 6 Total: 07/13/1999 R EQUIPMENT EQUIP MAINT Invoice 1256062 159 5 Total: 07/13/1999 R 133 PORTABLE TOILET RENTAL Invoice 677013-06 Total: 13 07/13/1999 R COFFEE Invoice 26130 Total: 18 133 COFFEE SUPPLIES Invoice 26132 Total: 07/13/1999 R 158 AG LIME Invoice 262417 Total: 5 07/13/1999 R 133 20 EMPLOYEMENT PHYSICAL-SWANOBY Invoice 051499 Total: 07/13/1999 R HVAC BALANCING Invoice 19723 Total: 159 4 07/13/1999 R 160 3 STRAWBERRY LN PROJECT Invoice PAY VOUCHER 6 Total: 26099 METROPOLITAN FORD OF EP 101-43.050-221 MAINTENANCE OF 07/13/1999 R EQUIPMENT EQUIP MAINT Invoice 332927 Total: 159 1 Operator: Amount -106.75 541. 62 60.17 570.31 191. 23 331.11 757.53 3.00 108.00 124.32 124.50 780.00 5,867.95 109.31 Kathy Invoice -100.48 -106.75 541.62 60.17 570.31 191. 23 331.11 757.53 3.00 108.00 124.32 124.50 780.00 5,867.95 109.31 Page: 5 Check 208.44 541. 62 60.17 570.31 191. 23 331.11 757.53 111. 00 124.32 124.50 780.00 5,867.95 109.31 Date: 07/08/1999 Time: 12:33:33 Check # Vendor Name Account # Title 26100 EVERGREEN LAND SERVICE CO 404-48000-440 MISC SERVICES 26101 EXCELSIOR-CITY OF 101-43160-380 UTILITY SERVICES 26102 E-Z RECYCLING INC. 621-49550-400 CONTRACTUAL SERVICES CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrnl# Trans 07/13/1999 R TH 7/41 Invoice 159 CONSULTANT 8422 Total: 07/13/1999 R 135 SIGNAL @ OAK ST Invoice 062199 Total: 65 07/13/1999 R 144 JUNE RECYCLING Invoice JUNE Total: 26103 GOVT FINANCE OFCRS ASSOC 07/13/1999 R 124 101-41500-433 DUES AND SUBSCRIPTIONS GFOA RENEWAL MEMBERSHIP Invoice 9923003 Total: .26104 JIM HATCH SALES CO. 101-43050-245 GENERAL SUPPLIES 26105 HENNEPIN COUNTY TREASURER 101-42100-440 MISC SERVICES 26106 HENNEPIN COUNTY TREASURER 101-41400-245 GENERAL SUPPLIES 07/13/1999 R 158 SUPPLIES Invoice 9578 Total: 07/13/1999 R 144 MAY PRISONER EXP Invoice 002276 Total: 5 07/13/1999 R 135 POSTAL VERIFICATIONS Invoice Total: 19 26107 J & R RADIATOR CORP. 07/13/1999 R 133 101-43050-221 MAINTENANCE OF EQUIPMENT EQUIP MAINT + TAX Invoice 188102 Total, 101-43050-221 MAINTENANCE OF EQUIPMENT EQUIP MAINT Invoice 188197 Total: .26108 LAKE RESTORATION, INC. 101-41110-400 CONTRACTUAL SERVICES 38 07/13/1999 R 135 CHRISTMAS LK MILFOIL Invoice 6805 Total: 18 26109 LARKIN, HOFFMAN, DALY... 07/13/1999 R 159 21 101-41600-304 LEGAL FEES GENERAL LEGAL Invoice 330752/57/61 Total: 101-41600-304 LEGAL FEES LAND USE LEGAL 101-34103 ZONING AND SUBDIVISION FEES LAND USE LEGAL Invoice 330753 Total: 601-16501 CONST IN PROGRESS-1996 SMITHTOWN RYAN LEGAL Invoice 330754 TOtal: 601-16500 CONSTR IN PROGRESS-1995 BLDR/BGR PERKINS LEGAL Invoice 330755 Total: 490-48000-304 LEGAL FEES SR CENTER LEGAL Invoice 330758 Total: 601-49400-304 LEGAL FEES MARSH POINTE LEGAL InVOice 330759 Total: Amount 3 1,859.32 109.17 4 4,920.00 6 130.00 8 45.69 448.25 123.36 161. 88 175.36 813.63 2,332.00 84.00 180.00 1,099.00 72 .00 136.00 48.00 Kathy Invoice 1,859.32 109.17 4,920.00 130.00 45.69 448.25 123.36 161.88 175.36 813.63 2,332.00 264.00 1,099.00 72 .00 136.00 48.00 Page: 6 Check 1,859.32 109.17 4,920.00 130.00 45.69 448.25 123.36 337.24 813.63 3,951.00 Date: 07/08/1999 Check # Vendor Name Account # Time: 12:33:34 CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Title 26110 LOCKMASTERS USA INC 101-43050-245 GENERAL SUPPLIES 101-45200-245 GENERAL SUPPLIES 611-49450-245 GENERAL SUPPLIES Check Date Type Description Jrnl# Trans 07/13/1999 R 135 LOCKS LOCKS LOCKS Invoice 991695 Total: 26111 MTI DISTRIBUTING COMPANY 101-43050-221 MAINTENANCE OF 07/13/1999 R EQUIPMENT EQUIP MAINT Invoice 190777 Total: 158 07/13/1999 R 149 FEES LEGAL AD-KRACKER/ROLLAND Invoice 232298 Total: LEGAL AD-APT MPLS INC Invoice 232299 Total: LEGAL AD-RES 99-039 Invoice 232300 Total: LEGAL AD RES 99-042 Invoice 232301 Total: LEGAL AD-ORD 354 Invoice 232302 Total: LEGAL AD- FIN STMTS Invoice 233047 Total: 26112 MN SUN PUBLICATIONS 101-34103 ZONING AND SUBDIVISION 101-34103 ZONING AND SUBDIVISION FEES . 101-41400-351 PRINTING AND PUBLISHING 101-41400-351 PRINTING AND PUBLISHING 101-41400-351 PRINTING AND PUBLISHING 101-41500-351 PRINTING AND PUBLISHING . 26113 MINNEGASCO 101-43050-380 101-45200-380 101-41940-380 601-49400-395 601-49400-396 601-49400-394 641-49750-380 642-49750-380 643-49750-380 UTILITY SERVICES UTILITY SERVICES UTILITY SERVICES UTILITIES - BADGER WELL UTILITIES - BOULDER BRIDGE UTILITIES - AMESBURY WELL UTILITY SERVICES UTILITY SERVICES UTILITY SERVICES 26114 NORTHERN STATES POWER 101-41940-380 UTILITY SERVICES 101-43050-380 UTILITY SERVICES 101-43160-380 UTILITY SERVICES 101-43160-399 UTILITIES - STREET LIGHTS 101-45200-380 UTILITY SERVICES 601-49400.394 UTILITIES - AMESBURY WELL 601-49400-396 UTILITIES - BOULDER BRIDGE 611-49450-380 UTILITY SERVICES 641-49750-380 UTILITY SERVICES 643-49750-380 UTILITY SERVICES 26115 PEPSI COLA COMPANY 101-41940-245 GENERAL SUPPLIES 07/13/1999 R UTILITIES UTILITIES UTILITIES UTILITIES W UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES Invoice 060006318100-06 149 13 Total: 07/13/1999 R UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES W UTILITIES UTILITIES UTILITIES UTILITIES Invoice Total: 149 07/13/1999 R 135 POP PURCHASE Invoice 01183348 Total: Amount 10 33.60 33.60 33.59 13 157.28 19 45.50 61.10 97.50 67.60 42.90 1,144.00 59.11 9.59 38.80 23.85 55.42 32.41 15.98 9.59 17.67 2 433.67 260.21 162.13 2,449.67 132.04 629.39 19:47 251.20 635.82 514.93 8 91.15 Kathy Page: 7 Invoice Check 100.79 100.79 157.28 157.28 45.50 61.10 97.50 67.60 42.90 1,144.00 1,458.60 262.42 262.42 5,488.53 5,488.53 91.15 Date: 07/08/1999 Time: 12:33:37 CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash DiSbursement Journal Check # Vendor Name Account # Title Check Date TYpe Description Trans Jrnl# 641-49750-254 MISC PURCHASES MISC Invoice 312193-06 Total: 26116 POMMER COMPANY, INC. 101-41110-245 GENERAL SUPPLIES 07/13/1999 R 149 NAME PLATE-BERNDT Invoice 045870 Total: 24 26117 POTTS, KENNETH N. 101-41600-304 LEGAL FEES 07/13/1999 R 149 JUNE PROSECUTIONS Invoice JUNE Total: 26118 COMPUTER MANAGEMENT SVC 401-48000-540 MACHINERY & EQUIPMENT 07/13/1999 R 135 U/B POWERWEDGE Invoice 984651 Total: 15 . 26119 RIVER VALLEY AUTO PARTS 101-43050-221 MAINTENANCE OF 12 07/13/1999 R 158 EQUIPMENT EQUIP MAINT Invoice 899209/402 Total: 26120 SENIOR COMMUNITY SERVICES 101-41940-400 CONTRACTUAL SERVICES 101-43050-400 CONTRACTUAL SERVICSS 07/13/1999 R 149 JANITORIAL-CITY HALL JANITORIAL-PW Invoice JUNE Total: 23 26121 SHOREWOOD TRUE VALUE 07/13/1999 R 159 101-45200-240 SMALL TOOLS AND MINOR EQUIPM PARKS TOOLS Invoice 030517 Total: 11 101-45200-221 MAINTENANCE OF EQUIPMENT PARK MAINT Invoice 29722 Total: WATER MAINT Invoice 30401 Total: 601-49400-221 MAINTENANCE OF EQUIPMENT . 26122 SPEEDWAY SUPERAMERICA 07/13/1999 R 159 18 101-43050-212 MOTOR FUELS & LUBRICATION FUEL Invoice 0646996033-06 Total: 26123 US WEST 601-49400-398 601-49400-394 601-49400-396 601-49400-398 07/13/1999 R UTILITIES - SE AREA WELL/TOW COMMUNICATIONS UTILITIES - AMESBURY WELL COMMUNICATIONS UTILITIES - BOULDER BRIDGE W COMMUNICATIONS UTILITIES - SE AREA WELL/TOW COMMUNICATIONS Invoice Total: 149 7 26124 VILLAGE CHEVROLET 101-43050-221 MAINTENANCE OF 07/13/1999 R EQUIPMENT EQUIP MAINT Invoice 236112 159 6 Total: 26125 VISU-SEWER CLEAN & SEAL, 404-48000-400 CONTRACTUAL SERVICES 07/13/1999 R NOBLERD Invoice 12919 Total: 159 2 26126 WILLIAMS TOWING 403-48000-540 MACHINERY & EQUIPMENT 07/13/1999 R 158 86 BUICK FORFEITURE 3 Amount 80.95 16.41 3 1,508.33 196.96 5.52 241.50 162.50 34.06 12.67 14.87 1,022.52 44.24 44.24 107.12 47.69 19.53 1,024.80 70.00 Kathy Invoice 80.95 16.41 1,508.33 196 . 96 5.52 404.00 34.06 12.67 14.87 1,022.52 243.29 19.53 1,024.80 Page: 8 Check 172.10 16.41 1,508.33 196.96 5.52 404.00 61. 60 1,022.52 243.29 19.53 1,024.80 Date: 07/08/1999 Time: 12:33:39 Check # Vendor Name Account # Title 26127 ZDRAZIL TRUCKING 101-45200-245 GENERAL SUPpLIES 26128 BELLBOY CORPORATION 642-49750-251 LIQUOR PURCHASES 641-49750-251 LIQUOR PURCHASES 641-49750-251 LIQUOR PURCHASES 642-49750-251 LIQUOR PURCHASES . 26129 BELLBOY BAR SUPPLY 643-49750-254 MISC PURCHASES 641-49750-245 GENERAL SUPPLIES 643-49750-245 GENERAL SUPPLIES 643-49750-254 MISC PURCHASES 26130 MIDWEST COCA-COLA BOTTLIN 641-49750-254 MISC PURCHASES 26131 DAHLHEIMER DIST INC 641-49750-253 BEER PURCHASES . 26132 DAY DISTRIBUTING 641-49750-253 BEER PURCHASES 641-49750-254 MISC PURCHASES 26133 EAST SIDE BEVERAGE COMPAN 641-49750-253 BEER PURCHASES 641-49750-254 MISC PURCHASES CITY OF SHOREWOOD Operator: FM Entry - Invoice Cash Disbursement Journal Check Date Type Description Jrnl# Trans Invoice 29785 Total: 07/13/1999 R 158 4 HAUL AG LIME TO FREEMAN BALLFIE Invoice 6-23 Total: 07/13/1999 R 135 LIQUOR Invoice 16694500 Total: LIQUOR Invoice 16702300 Total: LIQUOR Invoice 16745500 Total: LIQUOR Invoice 16746100 Total: 22 07/13/1999 R MISC Invoice 1950800 Total: 24 135 SUPPLIES Invoice 29938100 Total: SUPPLIES MISC Invoice 29938200 Total: 07/13/1999 R MISC Invoice 335934-6 Total: 149 33 07/13/1999 R 149 34 BEER Invoice 5069-#2-06 Total: 07/13/1999 R 149 BEER MISC Invoice 1152-#2-06 Total: 35 07/13/1999 R 149 36 BEER MISC Invoice S3630-#2-06 Total: 26134 GTE DIRECTORIES 07/13/1999 R 641-49750-342 ADVERTISING & PROMOTIONS ADVERTISING 642-49750-342 ADVERTISING & PROMOTIONS ADVERTISING 643-49750-342 ADVERTISING & PROMOTIONS ADVERTISING Invoice Total: 26135 GRIGGS, COOPER & COMPANY 642-49750-251 LIQUOR PURCHASES 643-49750-251 LIQUOR PURCHASES 149 37 07/13/1999 R 149 LIQUOR CREDIT Invoice 112287 Total: LIQUOR CREDIT 51 Amount 50.00 1,103.54 947.00 824.75 417.80 78.00 9.99 22.37 28.95 577.25 471.60 4,.562.24 39.40 8,575.25 36.20 20.90 20.90 16.85 -26.85 -42.44 Kathy Invoice 70.00 50.00 1,103.54 947 . 00 824.75 417.80 78.00 9.99 51. 32 577.25 471.60 4,601.64 8,611.45 58.65 -26.85 pa.ge: 9 Check 70.00 50.00 3,293.09 139.31 577.25 471.60 4,601.64 8,611.45 58.65 Date: 07/08/1999 Time: 12:33:42 CITY OF SHOREWOOD FM Entry - Invoice Cash Disbursement Journal Operator: Kathy Page: 10 Title Check Date Type Description Jrnl# Trans Check # Account # Vendor Name Amount Invoice Check Invoice 112379 Total: -42.44 642-49750-251 LIQUOR PURCHASES LIQUOR 319.96 642-49750-254 MISC PURCHASES MISC 24.68 Invoice 66040 Total: 34 4.64 641-49750-251 LIQUOR PURCHASES LIQUOR 281. 02 Invoice 67790 Total: 281. 02 642-49750-251 LIQUOR PURCHASES LIQUOR 355.00 Invoice 67793 Total: 355.00 643-49750-251 LIQUOR PURCHASES LIQUOR 789.87 Invoice 67810 Total: 789.87 642-49750-252 WINE PURCHASES WINE 220.07 Invoice 68058 Total: 220.07 643-49750-252 WINE PURCHASES WINE 70.02 Invoice 68062 Total: 70.02 641-49750-251 LIQUOR PURCHASES LIQUOR 17 .60 Invoice 68551 Total: 17.60 . 641-49750-254 MISC PURCHASES MISC 83.07 Invoice 70287 Total: 83.07 2,092.00 26136 JOHNSON BROS LIQUOR CO. 07/13/1999 R 149 62 642-49750-252 WINE PURCHASES WINE CREDIT -6.42 Invoice 93106 Total: -6.42 642-49750-252 WINE PURCHASES WINE CREDIT -5.51 Invoice 93219 Total: -5.51 643-49750-252 WINE PURCHASES WINE 218.60 Invoice 989372 Total: 218.60 642-49750-252 WINE PURCHASES WINE 154.20 Invoice 992005 Total: 154.20 641-49750-252 WINE PURCHASES WINE 374.60 Invoice 992006 Total: 374.60 643-49750-252 WINE PURCHASES WINE 187.30 Invoice 992007 Total: 187.30 922.77 26137 LAKE REGION VENDING 07/13/1999 R 135 42 . 642-49750-254 MISC PURCHASES MISC 329.29 Invoice 7231 Total: 329.29 641-49750-254 MISC PURCHASES MISC 405.28 Invoice 7232 Total: 405.28 643-49750-254 MISC PURCHASES MISC 531.93 Invoice 7233 Total: 531.93 642-49750-254 MISC PURCHASES MISC 202.64 Invoice 7254 Total: 202.64 641-49750-254 MISC PURCHASES MISC 253.30 Invoice 7255 Total: 253.30 643-49750-254 MISC PURCHASES MISC 303.96 Invoice 7256 Total: 303.96 2,026.40 26138 MARK VII 07/13/1999 R 149 72 641-49750-253 BEER PURCHASES JUNE BEER 5,741.05 641-49750-254 MISC PURCHASES JUNE MISC 148.10 Invoice 21873-06 Total: 5,889.15 5,889.15 26139 MARLIN'S TRUCKING 07/13/1999 R 135 44 Date:. 07/08/1999 Time: 12:33:44 CITY OF SHORE WOOD FM Entry - Invoice Cash Disbursement Journal Operator: Kathy Page: 11 Check jj Account jj Vendor Name Title Check Date TYpe Description Jrnl# Trans Amount Invoice Check 641-49750-251 LIQUOR PURCHASES FREIGHT 106.25 641-49750-252 WINE PURCHASES FREIGHT 106.25 Invoice 061599 Total: 212.50 643-49750-251 LIQUOR PURCHASES FREIGHT 30.17 643-49750-252 WINE PURCHASES FREIGHT 30.18 Invoice 061599-TB Total: 60.35 642-49750-251 LIQUOR PURCHASES FREIGHT 13 .18 642-49750-252 WINE PURCHASES FREIGHT 13 .17 Invoice 6/14-#1 Total: 26.35 299.20 26140 MINNETONKA REFRIGERATION 07/13/1999 R 135 46 641-49750-221 MAINTENANCE OF EQUIPMENT EQur P MAINT 188.16 Invoice 061499 Total: 188.16 188.16 26141 PHILLIPS WINE & SPIRITS 07/13/1999 R 135 47 642-49750-252 WINE PURCHASES WINE 25.00 . Invoice 506265 Total: 25.00 643-49750-251 LIQUOR PURCHASES LIQUOR 74.50 643-49750-252 WINE PURCHASES WINE 25.00 Invoice 506266 Total: 99.50 643-49750-251 LIQUOR PURCHASES LIQUOR 117.50 Invoice 507685 Total: 117.50 641-49750-252 WINE PURCHASES WINE 226.00 Invoice 508366 Total: 226.00 643-49750-252 WINE PURCHASES WINE 129.80 Invoice 508368 Total: 129 . 80 597.80 26142 THORPE DISTRIBUTING COMPA 07/13/1999 R 149 92 643-49750-253 BEER PURCHASES JUNE BEER/MISe 14,566.45 643-49750-254 MIse PURCHASES JUNE BEER/MISC 140.90 Invoice 30080-06 Total: 14,707.35 641-49750-253 BEER PURCHASES BEER 16,453.35 641-49750-254 MISe PURCHASES MIse 271. 30 Invoice 30100-06 Total: 16,724.65 31,432.00 . 291,440.51* Payroll Register Check # Last Name First Name MI Check Amt Check Date 214580 BASTYR CONNIE D 490.25 7/6/99 214581 BEAULIEU JIM R 197.56 7/6/99 214582 BLECHTA RYAN C 72.27 7/6/99 214583 BROWN LA WRENCE A 1,633.51 7/6/99 214584 BUHL SUSAN E 35.79 7/6/99 214585 COLE ANGELA M 669.74 7/6/99 214586 DA VIS CHARLES S 861. 78 7/6/99 . 214587 DVORAK BROOKE A 71.57 7/6/99 214588 FIELDS MICHAEL R 462.20 7/6/99 214589 GROUT TWILA R 702.24 7/6/99 214590 HEBERT KATHLEEN A 601.02 7/6/99 214591 HELGESEN PATRICIA R 569.29 7/6/99 214592 HELLING PAMELA J 556.06 7/6/99 214593 HEURKINS MARK K 94.83 7/6/99 214594 HURM JAMES C 1,815.65 7/6/99 214595 JAKEL BRIAN D 105.28 7/6/99 214596 JENSEN JEFFREY A 933.11 7/6/99 214597 JOHNSON DENNIS D 938.66 7/6/99 . 214598 JOSEPHSON WILLIAM F 140.16 7/6/99 214599 KREGER KYMBERL Y K 228.78 7/6/99 214600 LATTERNER SUSAN M 669.74 7/6/99 214601 LEVITT ADAM L 235.73 7/6/99 214602 LUGOWSKI JOSEPH P 821.1 0 7/6/99 214603 LUND JASON R 193.91 7/6/99 214604 MARRON RUSSELL R 40.10 7/6/99 214605 MASON BRADLEY J 865.86 7/6/99 214606 NAAB THERESA L 527.65 7/6/99 214607 NICCUM LAWRENCE A 1,192.98 7/6/99 Thursday, July 08, 1999 Page 1 of2 Check # Last Name First Name MI Check Amt Check Date 214608 NICOLI ANTHONY L 483.79 7/6/99 214609 NIELSEN BRADLEY J 915.82 7/6/99 214610 PAZANDAK JOSEPH E 1,168.91 7/6/99 214611 PEARSON BRADLEY A 424.05 7/6/99 214612 POUNDER CHRISTOPHER J 951.71 7/6/99 214613 RANDALL DANIEL J 977.58 7/6/99 214614 REINSTRA BRIAN C 89.47 7/6/99 214615 ROLEK ALAN J 1,208.65 7/6/99 214616 ROLEK REBECCA A 108.05 7/6/99 214617 RUTLEDGE PATRICK D 51.90 7/6/99 . 214618 SCHMID CHRISTOPHER E 496.23 7/6/99 214619 SW ANDBY DONALD R 992.03 7/6/99 Total of Checks $23,595.01 . Thursday, July 08, 1999 Page 2 of2