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CITY OF SHOREWOOD
CITY COUNCIL MEETING
MONDAY, MAY 13,1991
SHOREWOOD CITY HALL
5755 COUNTRY CLUB ROAD
7:00 P.M.
AGENDA
1. CONVENE REGULAR CITY COUNCIL MEETING
A. Pledge of Allegiance
B. R~Cill ~~s__.
Mayor Brancel~
Gagne__
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\. 4,. },f~! Daugherty--
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C. Review AgenCla f __
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APPROVAL OF MINUTES
2.
A. Special City Council Meeting - March 4, 1991
(Adjourned Session Held on March 6, 1991)
(Att. No. 2A - Minutes)
B~~egular City Council Meeting - April 22, 1991
~~~~~ (Att. No. 2B - Minutes)
3. CONSENT AGENDA
A. Exclude City Administrator from PERA
(Att. No. 3A - Proposed Resolution)
4.
PARK COMMISSION REPORT
5.
PLANNING COMMISSION REPORT
REOUEST SANITARY PUMP-OUT - HOWARD'S POINT MARINA
(Att. No. 6A - Request Letter)
(Att. No. 6B - Planner's Report)
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7.
REQUEST FOR WAIVER OF "NO PARKING" RESTRICTIONS - CHRISTMAS
LAKE ROAD
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(Att. No. 7 A - Request Letter)
(Att. No. 7B - Previous Approval)
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CITY COUNCn.. AGENDA
MAY 13, 1991
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GPO AL
(Att. No. 8 - Letter from Lake
Minnetonka Cable Communications)
HOUSE MOVING PERMIT
Applicant: ~
Location: ~-
Kevin and Gerri Kuester
5885 Christmas Lake Road
(Att. No. 9A - Planner's Memo)
(Att. No. 9B - Engineer's Memo)
MBINATION AND LOT WIDTH VARIANCE
Paul Almquist and John Askins
19355 and 19385 Shady Hills Road
(Att. No. lOA - Planner's Memo)
(Att. No. lOB - Proposed Resolution)
(;) FIN.AL PLAT/FINAL PLAN/P.U.D. AGREEMENT - WATERFORD PHASE III
~ (Estimated time - 8:30 p.m.)
(Att. No. 11 - Planner' s Memo)
ORMAL DISCUSSION - PROPOSED P.U.D. - GIDEON'S COVE
(Att. No. 12A - Planner's Report, 3-2-91)
(Att. No. 12B - Planner's Report, 5-5-91)
APPEAL NOTIGE TO REMOVE
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~ppe~ant:
~ation:
Jack Dennis
5665 Echo Road
(Att. No. 13A - Notice to Remove)
(Att. No. 13B - Appeal Letter)
ARD BID - SHADY mLLS DRAINA E PROJECT O. 1...1
(Att. No. 14A - Bid Tabulation)
(Att. No. 14B - Proposed Resolution)
RECEIVE BIDS - S.E. AREA WATER TREATMENT PLANT (Bid opening
Monday, Tabulation distributed at meeting)
(Att. No. 15 - Finance Director's Memo)
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CITY COUNCIL AGENDA
MAY 13, 1991
Page three
. ~~ 16.
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RIGHT-OF-WA Y PERMIT
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Michael Buechlin
23120 Summit Ave.
(Att. No. 16 - Application)
PROPOSED ORDINANCE - ESTABLISHING UTILITY CHARGE FOR SPRING
CLEANUP
Applicant:
Location:
(Att. No. 17 - Proposed Ordinance)
SUPPORT HENNEPIN COUNTY PARK BOARD ELECTIONS
(Att. No. 18A - Gen Olson's Letter)
(Att. No. 18B - Proposed Resolution)
19.
MATTERS FROM THE FLOOR
20.
REPORTS ~.
ttome 's Re 0
. Resolution pproving Preliminary Plat- Johnson's First Addition
(Att. No. 20A-1 - Resolution No. 42-91)
B. Engineer's Report
1.
2.
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C. Planning Director's Report
1. Spring Cleanup .. \.~ )
~ Status of Public Works Site Work ~~
COUNCIL REPORTS
21.
A. Mayor Brancel
B. Council members
22. ADJOURNMENT SUBJECT TO PAYMENT OF THE CLAIMS APPROVED
(Att. No. 22 - Claims List)
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EXECUTIVE SUMMARY
SHOREWOOD CITY COUNCIL AGENDA
13 MAY 1991
Following are very brief summaries of the items listed on the above-referenced agen a. For
more detail please refer to the individual staff reports contained in the Council info ation
packet.
Item 6. Howard's Point Marina has requested approval to install a sanitary pump-o t for
boats on Lake Minnetonka. The Marina exists as a nonconforming use in a residenti
district. The same request was considered in 1985 and the Marina was advised by
Council to apply for a variance or rezoning. While staff feels that the request may h ve
merit, the Planning Director and City Attorney recommend that the matter be proper
processed through the Planning Commission. bjn
Item 3A. State law allows the City Administrator to not participate in the Public E
Retirement Association. The new Administrator has chosen not to participate. bjn
Item 7. Steve Bruce has requested that the "no parking" restriction on Christmas e Road
be waived during the Parade of Homes in September. A similar request was granted last
year. There is no record of any problems associated with having waived the restricti n. If
the Council approves the request, it should clearly state that parking must be limited 0 one
side of the street. bjn
Item 8. At the direction of the Mayor, the Lake Minnetonka Cable Communication
Commission has prepared estimates for improving the lighting for Council meetings hich
are video taped. The two alternatives range from approximately $1200 to $2000. $ 000 has
been budgeted for this purpose for 1991. bjn
Item 9. Kevin and Gerri Kuester have applied for a house moving permit to remov their
existing home at 5885 Christmas Lake Road. The City Engineer has concerns about the
clearances along Christmas Lake Road, the proposed route of the move. He is mee . ng with
the mover on Monday and will give his recommendation on Monday night. bjn
Item 10. Paul Almquist and John Askins have requested that the City adjust their 10
where they thought it existed in exchange for easements necessary for the Shady Hill
Drainage Project. The change in the lot line results in Mr. Askins' lot being five fi t
narrower than the Zoning Ordinance allows. In addition Mr. Askins proposes to tra e a
small portion of his property for an equal amount of area from the City-owned prop rty
adjacent to it, in order to maintain a straight side lot line. The Planning Director an the
Planning Commission have recommended approval of the request, subject to review y the
Park Commission. bjn
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Executive Summary - Council Agenda
13 May 1991
Page two
Item 11. Trivesco has submitted the first [mal plat for the third phase of the Waterford
P.D.D. Initially they propose to build one model of the two-family residential portion of the
project, with the first stage of the commercial portion to commence in Spring of 1992. A
draft P.D.D. agreement has been prepared which regulates the development of the project
and sets forth procedures and requirements for future stages of the project. The developer is
required to submit a letter of credit to guarantee installation of the improvements included in
the first stage. bjn
Item 12. Boyer Building Corporation proposes to build two-family dwellings on property
which is currently zoned for single-family. After two informal meetings with the Planning
Commission, they are ready to meet with the Council prior to submitting plans for a P.D.D.
There are still a number of issues to be resolved, including the possibility of vacating the
public street which currently serves the property. The developer would like input from the
Council prior to proceeding. bjn
Item 13. Having received a "notice to remove" for property he got back on a contract for
deed, Mr. Jack Dennis has requested an additional 30 days to clean up the property at 5665
Echo Road. bjn
Item 14. The low bid for the Shady Hills Drainage Project has come in at $19,073,
substantially lower than the estimated cost of the project. The City Engineer recommends
awarding the bid to Widmer, Inc. jad
Item 15. The item on the agenda relating to the water treatment plant is listed as receiving
bids. Staff feels that the financing for the project should be reviewed prior to the awarding
of the bid. The bids will be good for 30 days after the bid opening date. Therefore, the
staff feels the Council should receive the bids and defer awarding of the bid until the meeting
of May 28 or June 10 to allow time for the staff to review the project financing. ajr
Item 16. Michael Buechlin has requested a permit for incidental use of the public right-of-
way to install lawn sprinkler heads near the paved surface of Summit Ave. Although the
permit includes a waiver of damages, the Public Works Director has serious concerns about
allowing such equipment in the r.o.w., since snowplows routinely clip off the sprinkler
heads. This request will establish a precedent one way or another. bjn
Item 17. In order to charge residents for Spring Cleanup on their utility bill, the City must
adopt an ordinance providing for the charge. gaf
Item 18. State Senator Gen Olson asks that the City support her bill to require that all
positions on the Hennepin County Park Board be elected. Currently there are two appointed
positions. bjn
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CITY OF SHOREWOOD
SPECIAL CITY COUNCIL MEETING
MONDAY, MARCH 4, 1991
(ADJOURNED SESSION HELD ON
MARCH 6, 1991)
CONFERENCE ROOM
5755 COUNTRY CLUB ROAD
PAGE 1
CALL TO ORDER
Mayor Brancel called the Adjourned Session of the Special City Council Meeting of March
4, 1991, to order at 6:30 p.m. This meeting had previously been adjourned to March 5 and
adjourned again to March 6.
ROLL CALL
Present:
Mayor Brancel, Councilmembers Stover, Gagne, Lewis and Daugherty.
ADMINISTRATOR INTERVIEWS
The following candidates for the position of City Administrator were interviewed:
Robert Museus
James Hurm
Upon completion of the interviews the Council discussed all of the candidates. The
consensus of the Council was that Hurm was best qualified to fill the vacancy, and that the
salary range he was seeking was within reason.
Gagne moved, Daugherty seconded to appoint James Hurm as City Administrator/Clerk,
subject to the City Attorney successfully negotiating a contract with Mr. Hurm.
Motion carried 5/0.
moved,
seconded to adjourn the meeting at
Motion carried 5/0.
These minutes have been prepared from notes and tapes of the meeting.
RESPECTFULLY SUBMITTED
Bradley J. Nielsen
Acting City Administrator
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CITY OF SHOREWOOD
. REGULAR CITY COUNCIL .TING
MONDAY, APRIL 22, 199
COUNCIL CHAMBERS
575~UNTRY CLUB ROAD
PAG~
M I NUT E S
CALL TO ORDER
Mayor Brancel called the meeting to order at 7:00 P.M. and introduced
the new City Administrator James Hurm.
ROLL CALL
Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and
Lewis, City Administrator.Hurm, City Attorney Froberg,
City Planner Nielsen, City Finance Director Rolek. City
Engineer Dresel.
PLEDGE OF ALLEGIANCE
REVIEW AGENDA
Gagne moved, Daugherty seconded. to approve the Agenda.
Motion carried - 5/0.
APPROVAL OF MINUTES
A. REGULAR CITY COUNCIL MEETING - APRIL 8, 1991.
Gagne moved, Lewis seconded, to approve the City Council Minutes of
April 8, 1991.
Motion carried - 5/0.
CONSENT AGENDA
RESOLUTION NO. 40-91
Gagne moved, Stover seconded, to approve the following Consent Agenda:
A. RESOLUTION NO 40-91 IIA RESOLUTION APPROVING A GAMBLING LICENSE
FOR THE AMERICAN LEGION"
B. REISSUE COUNCIL CHECK - JAN HAUGEN
MOTION CARRIED - 5/0 ON A ROLL CALL VOTE
PARK COMMISSION REPORT
Park Commissioner Dzurak reported that the Park Commission had
established priorities for 1991.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL MllrING
MONDAY. APRIL 22. 1991
COUNa CHAMBERS
5755~RY CLUB ROAD
PAGE 2
1. The promotion of the Parks.
2. Site preparation at Silverwood Park.
3. The refinishing of the baseball field at Cathcart Park and
the parking lot at Cathcart.
Dzurak said the Park Commission would like to hold hearings concerning
the easement on the non-buildable portion of the Johnson First
Addition.
PLANNING COMMISSION REPORT
Councilmember Stover said there was no Planning Commission meeting.
FINDINGS OF FACT - MASON VARIANCE
RESOLUTION NO. 41-91
Stover moved. Gagne seconded. to adopt RESOLUTION NO. 41-91 "A
Resolution Denying Variances to Herbert Mason for the Construction of
a Gazebo. II
Motion carried - 5/0
Planner Nielsen said the Council should set a deadline.
He suggested July 1.
Stover moved, Gagne seconded. to set July 1, 1991 as the removal date
for the gazebo on the Herbert Mason property.
Motion carried - 5/0.
PRELIMINARY PLAT - JOHNSON'S FIRST ADDITION
RESOLUTION NO. 42-91
APPLICANT: Ron Johnson
LOCATION: West Side of Vine Hill Road. between Shady Hills
and Waterford
RON LUND 5465 WATERFORD CIRCLE
Mr. Lund said he lives across the street from Outlot C. He feels it is
part of Waterford and therefore, under Waterford's protective
covenants.
He said this issue was discussed two years ago and he thought the
matter was decided. He said the Planning Commission voted in favor of
establishing the Waterford covenants.
Lund said Mr. Bonner. Johnson's attorney, has another compromise
position. He said the neighbors did not participate in the
discussions and he is angry about that. Lund said their property
values are at stake.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ~ING
MONDAY, APRIL 22, 1991
COUN~ CHAMBERS
5755~RY CLUB ROAD
PAGE 3
MR. JERRY KENLINE - 5535 WATERFORD CIRCLE
Kenline said the Planning Commission and Mr. Nielsen recommended
Johnson abide by the Waterford Covenants, nothing should change at
this point.
He wanted the Council to understand that the covenants work for 89
other people in Waterford.
Stover said no other compromise was agreed to by the Council.
Planner Nielsen said the Staff had agreed to the compromise but it was
not approved by the Council.
Kenline said the neighbors should have been consulted.
JOHN BONNER - ATTORNEY FOR MR. JOHNSON
Bonner said there was a reason why the neighbors were not part of the
compromise discussion. At the Planning Commission meeting he asked if
the neighbors would take part in discussion to works out a compromise.
He said Mr. Lund said it was not the neighbors problem.
Bonner said he would like a discussion with the neighbors. Bonner said
Mr. Johnson knows the lots are in a high quality development.
However, Mr. Johnson feels Trivesco has a competitive interest with
him and could delay the development.
Bonner said at the Planning Commission meeting he proposed that an
outside party such as the City or an architecture professor from the
University review the plans. However, neither idea was acceptable to
the Planning Commission or Staff.
Bonner said he now proposes to have Trivesco and Johnson each choose
an architect to review the plans.
Stover asked who would pay the cost.
Bonner said the builder would accept the cost.
Stover asked Lund if this was acceptable.
Lund said there is no need to compromise, the mechanics are already in
place within the Waterford covenants. He said Johnson is trying to
shift the burden to the neighbors. If the neighbors don't like what
he does they have to take him to court. He said Johnson is taking
advantage of values already established.
Councilmember Lewis asked Bonner if there is a problem between Johnson
and Trivesco beyond the competition.
Bonner said there is hostility between them. He also said Johnson
proposes to build very high quality housing.
Councilmember Gagne said the value of the area has already been
established and Johnson should live within the Waterford covenants.
Bonner said Johnson does propose to live with the covenants except for
the initial building review stage.
Lewis said this is providing an additional out for Johnson and he
thinks the residents have a just concern.
Stover asked Nielsen if the City has the right to impose conditions on
Johnson.
CITY OF SHOREWOOD ~...
REGULAR CITY COUNCIL ~ING
MONDAY, APRIL 22, 1991
COUN. CHAMBERS
5755 UNTRY CLUB ROAD
PAGE 4
City Attorney Froberg said all property within the original plat of
Waterford is under the Waterford Covenants, including outlot C. These
covenants established an Architectural Control Committee. This
Committee is made up of the three partners in Trivesco, Inc. Froberg
said these covenants do not apply to the property outside of the
Waterford plat.
Stover asked what covenants apply to the property when it is combined.
Froberg said the part of the property that was within the Waterford
plat when the covenants were filed, is still under those restrictions.
He said the City can require a development agreement between the City
and the developer that establishes restrictions.
Froberg said the City can review and determine if the restrictions are
similar to the Waterford covenants. The City can disapprove the
covenants and restrictions if they are not in the best interests of
the City.
However, the City cannot require the developer of one tract of land to
obtain the approval of a developer of another tract of land before
development.
Gagne said there are a lot of legalities but the bottom line is that
Johnson'did not want to work with the City five years ago and now
wants the fringe benefits. He said now the property is worth much
more than five years ago.
Stover moved, Gagne seconded, to adopt RESOLUTION NO. 42-91 "A
Resolution approving the preliminary plat for Johnson's First
Addition, based on the recommendations of the City Planner dated March
28, 1991 and subject to the restrictive covenants remaining the same
as Waterford.
Motion carried - 5/0
7:15 P.M. PUBLIC HEARING CONSIDER ORDERING OF IMPROVEMENTS/ORDER
PREPARATION OF PLANS AND SPECIFICATIONS - GLEN ROAD DRAINAGE PROJECT
Brancel opened the Public Hearing at 7:47 P.M.
City Engineer Dresel presented the project and gave an overview of
prior proposals. The project was first proposed in 1988 because of
flooding of homes in the area that, at times, flowed over HwY.19.
Three ponding areas were established by the Minnehaha Creek Watershed
District in 1988. The funding was never established and the project
never completed.
In May 1990 the City request that the MCWD amend their study to deal
solely with the Shorewood portion of the project. In August of 1990 a
Feasibility Study was done by OSM that included dredging ponds 2 and
3. At the time, the dredging would have including clearing trees and
the residents did not want that. The easements would have been
extensive. On Nov. 13, 1990 the City asked the MCWD to do another
model and a Taxing District was established. On Dec. 28. 1990 OSM was
asked to gO ahead with plans and specs. but the project has been in
limbo. In March 1991 the Feasibility Report was updated and the
project was scaled down from $150,000 to $107,000.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL MllfING
MONDAY, APRIL 22, 1991
COUN~ CHAMBERS
5755~RY CLUB ROAD
PAGE 5
Dresel said he is now asking for direction and input from the
neighborhood.
Finance Director Rolek said the City looked at two funding options;
special assessment and special taxing district.
Rolek said.it is hard to prove benefit with drainage projects and use
the special assessment. Therefore, a special taxing district was
established. He said the project will cost $307,000 with easements.
BRANCEL OPENED THE HEARING TO THE PUBLIC AT 7:54 P.M.
BERNIE EISENREICH - WESTWIND ADDITION
Eisenreich said part of his property is in the Special Taxing District
but he could see know problem on Smithtown Road.
Nielsen said the north side of Smithtown Road is in the drainage
district.
Eisenreich said he doesn't think the project is needed.
ROGER CHAMPA - STAR LANE
He thought the City waited with this project until there were more
homes to pay for the project.
Brancel said the project was delayed because it was given to the MCWD.
Champa asked if the Council had approved the Christopher Lane
development and determined that the drainage would not affect the Glen
Road area.
Brancel said the Council required the developer to set aside land for
a ponding area. However, the pond has not been used yet but can be
used if the Glen Road project is not completed.
Champa asked how long this problem has been going 'on.
Gagne said there has been a problem at least since 1961, when he moved
in. He said know one wants to address the problem until they are
under water.
DAVID LITTLEFIELD - 24775 GLEN ROAD
Littlefield explained the problem and how the water sits in the area.
He said the current Livingston property is sometimes underwater.
BRIAN MAHAN - 5670 CHRISTOPHER ROAD
Mahan asked Rolek to explain the tax capacity.
Rolek said the tax values are established by the State at 1% of the
first $68,000, 2% up to $110,000 and 3% over $110,000.
Mahan said he and his wife are not in support of the project.
He asked if the City will take action against Tonka Bay because the
Tonka Bay Mall drains water into the area.
Nielsen said that problem has been discussed previously. A drainage
pattern was established in that area.
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CITY OF SHOREWOOD ~
REGULAR CITY COUNCIL ~ING
MONDAY. APRIL 22. 1991
COUN. CHAMBERS
5755 UNTRY CLUB ROAD
PAGE 6
Gagne said that when other Cities and agencies were involved, they
used the MCWD as a third party but it didn't work.
Stover and Gagne said Tonka Bay maintains that water from Shorewood
also runs into Tonka Bay.
Mahan asked why the ICO is excluded from the project.
Dresel and Public Works Director Zdrazil said there is a catch basin
to take care of the runoff.
Mahan reiterated that Christopher Road was approved without concern
for the runoff.
He said the Council should consider the financial aspects of
litigation by the residents over this project.
PETER CICCIO - 5655 CHRISTOPHER LANE
Ciccio said he is against the project. He asked if the value is fixed
as of the time of the assessment hearing. He said this would place an
undue financial burden on him and he would lose 65 Ft. of his lot for
an easement.
Dresel said the figures are not final.
ALLAN VAN DER LINDE
Van der Linde said he purchased his property 3 years ago. He said the
problem should be solved by Hennepin County. The burden is placed on
the Cities to solve drainage problems. He said there is no reason for
him to finish his house, if vacant lots are taxed less.
He said the City is paying too much to buy the land to drain the low
lying area.
He said there should be a different way to do this.
ROGER FISCHBACH - 24885 GLEN ROAD
Fischbach asked what the City is paying for easements.
Dresel said they figured $.25 to $1.00 per Sq. ft., approximately.
Fischbach asked if trees would be removed.
Dresel said they are trying to minimize the removal of trees.
Fischbach asked what guarantees he had that the problem would be
solved. He said his house is built on a drainage area.
Dresel said the project would not alleviate ground water drainage.
That would require installing a sump pump.
Fischbach said he would rather do that.
Dresel said the legislature has adopted rules for storm sewer drainage
projects. All residents who contribute to the problem are taxed.
WOODY LOVE - MINNEHAHA CREEK WATERSHED DISTRICT REPRESENTATIVE
Love explained that water quality in the area is still an issue. He
said a long term approach is necessary and a more natural method of
solving the problem. He offered the staff of the MCWD to help with
the project.
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CITY OF SHOREWOOD COUNCIL CHAMBERS
' REGULAR CITY COUNCIL M ING 5755 111,NTRY CLUB ROAD
MONDAY, APRIL 22, 1991 PAGE
RESOLUTION NO. 43 -91
7:30 P.M. PUBLIC HEARING — CONSIDER ORDERING OF IMPROVEMENT /ORDER
PREPARATION OF PLANS AND SPECIFICATIONS PINE BEND WATERMAIN EXTENSION
Brancel opened the Public Hearing at 9:10 P.M. and asked if there was
any public comment.
JERRY BRECKE — 27450 PINE BEND
Brecke said he is in favor of the project and thinks this is a
favorable time to do it.
MARK AND JUDY GRAHAM
The Grahams said they will go along with the neighbors.
PHIL BORTSCHELLER — 27410 PINE BEND
Bortscheller said he just installed a new well but is not opposed to
the project. He asked why there had to be an 8" pipe through Pine
Bend.
Dressel said there will eventually be a hook up at Island View.
Nielsen said the Ordinance requires a project to pay to run the pipe
to the next extension.
Bortscheller asked what the contingencies covered.
Dresel said they started planning the project with no information and
the contingency cost covers the extra costs.
SUSAN SANTO — 5685 HOWARD'S POINT ROAD
Santo said she signed the petition but does not want to hook —up. She
has a water hook —up at her front yard from the Brentridge development.
She said the Council needs to look at a water policy. The piecemeal
approach to the problem will not continue to work.
MICHAEL LOFTEN — 5665 HOWARDS POINT ROAD
He said his property borders Brentridge but there is no hook —up. It
would be cheaper for him to hook —up to Brentridge. He said Howards
Point is not included in the project but is to be assessed.
Dresel said that will be adjusted, he will not be assessed twice.
Loften said he is paying twice to refinish the road.
BILL KEELER — 27420 PINE BEND
Keeler said he preferred option B and thought it would be cheaper with
an 8" pipe.
JOHN DURAN —
Duran said he was asked to speak to the Council by a some homeowners.
He asked what the residents will do with their wells when the water is
installed.
8
CITY OF SHOREWOOD
. REGULAR CITY COUNCIL MeING
MONDAY, APRIL 22, 1991
COUNC~HAMBERS
5755 RY CLUE ROAD
PAGE
Nielsen said the residents do not have to hook-up but they cannot make
any cross connections and they must hook-up if their well drys up.
Duran said a new well costs $3000 for a 100 ft. well and $9.00 per ft.
thereafter.
JODIE LOFTEN - 5665 HOWARDS POINT ROAD
Loften said she cannot afford to hook-up to the watermain. She would
like to see a City wide water system. She said it would be more cost
effective.
BRIDGIT SMITH - 27475 PINE BEND
She said she supports the project and said eventually all residents
will have to hook-up.
DENNIS HUBER - 5705 HOWARDS POINT ROAD
Huber said he is not affected by this policy but feels there should be
an overall water policy in the City.
BRANCEL CLOSED THE PUBLIC HEARING AT 9:45 P.M.
Gagne wanted to pass and finalize the project.
Daugherty asked the cost per house for curb and gutter.
Dresel said it is $4 to $5 per foot. He also said City street funds
can be used to help reduce the cost.
Stover moved, Gagne seconded, to adopt RESOLUTION NO. 43-91 "A
Resolution Ordering Improvement and Preparation of Plans and
Specifications for Pine Bend Watermain Extension. II
Motion carried - 5/0
Froberg said the assessment amounts can change prior to the assessment
hearing,
APPROVE PLANS AND SPECIFICATIONSI RESOLUTION NO. 44-91
DIRECT NOTICE TO BIDDERS - OLD MARKET ROAD INTERSECTION
Dressel presented the plans for the intersection. He said Mn/Dot
plans to close 5 accesses to Hwy. 7. The watermain is proposed to be
extended to an existing main on Vine Hill road.
There are three catch basins which drain across Hwy. 7 for storm sewer
drainage.
The plan proposes three stop signs in the area. There will not be a
stop sign for traffic entering from Hwy. 7.
Lewis asked if the watermain extension is part of the bid or an extra.
Dresel said it will be an extra because the area is not in the TIF
zone.
Dresel said the project has three sources of funding:
1. TIF funds.
9
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MIllING
MONDAY, APRIL 22, 1991~
COUNCIL CHAMBERS
5755.UNTRY CLUB ROAD
PAGE
Special Agreement Funds from Mn/Dot for frontage road
improvement.
3. State Aid Funds - Old Market Road qualifies
Dresel said OSM plans to split up the bidding on this
if the costs exceed the funding, parts of the project
out.
He said the City could require the three commerical lots in the
proposed strip mall to hook-up to the watermain and obtain funding
that way. The extension of the watermain could cost $18,000 to
$20,000.
Dresel said the City will receive money from Mn/Dot for the signal at
HwY 7 but the amount is uncertain at this time.
2.
for these funds.
project so that
can be taken
Gagne moved, Stover seconded, to adopt RESOLUTION NO. 44-91 IIA
Resolution Approving Plans and Specifications and Ordering
Advertisement for Bids for Street and Watermain Improvements,
Waterford III Addition - Old Market Road.1I
Motion carried - 4/1 (Lewis)
Froberg indicated the changes to the Resolution. "The advertisement
shall be published for one day, shall specify the work to be done,
shall state that bids will be received by the Clerk until 11:00 A.M.,
on MaY 24, 1991, at which time they will be publicly opened in the
Council Chambers of the City Hall by the City Clerk and Engineer, will
then be tabulated, and will be considered by the Council at 7:00 P.M.
on May 28, 1991. II
RON OF OSM
Ron said no bid award can be made until the State approves it and this
can take up to 60 days. The award on May 28 must be contingent upon
State approval.
Dresel said this has been written into the specs.
APPROVE ATHLETIC ASSOCIATION CONTRACT
Nielsen presented the Athletic Association Contract. The contract
asked $1,000,000 in liability insurance.
Some sports organizations have indicated that this is a high amount.
City Attorney Froberg had suggested he contact the City's insurance
agent.
This was done and the agent indicated that $500,000 was sufficient.
The contract was amended to this figure and other modifications were
made.
Nielsen said the sports organizations have complained that the
$500,000 is very high. They claim the City and Community Services
have insurance to cover liability.
Froberg said this insurance provision will require the sports
organizations to defend the City in any lawsuit so that the City will
not have to resort to it's own insurance company.
10
CITY OF SHOREWOOD
. REGULAR CITY COUNCIL ~ING
MONDAY, APRIL 22, 1991
COUNC~CHAMBERS
5755 RY CLUB ROAD
PAGE
Dzurak asked if the contract was presented to the Park Commission.
Nielsen said it was not.
Gagne said he is against reducing the insurance. He said these
organizations will come to the City for any claims over that amount.
Brancel asked if there is time to send this to the Park Commission for
recommendations.
JERRY BRECKE - RESIDENT
He said the City is protected by the State and is not required by law
to carry insurance over $200,000 per incident or $600.000 in
aggregate.
Lewis moved, Gagne seconded to approve the changes in the Athletic
Association Contract.
Motion carried - 5/0.
REQUEST FOR FUNDING - POLICE SERVICES FOR 4TH OF JULY CELEBRATION
Brancel said Excelsior is asking Shorewood to help pay for police
services for the 4th of July celebration. This amount will be
$2617.00.
She said Shorewood is already contributing $1000 for the event. She
said Excelsior businesses will benefit from the celebration but not
Shorewood's.
Stover said the City has had much discussion over the joint Police
budget and this will open more doors to Shorewood paying more of the
cost.
The Finance Committee looked at potential cuts in the budget and the
funding for this event was one of the proposed cuts.
Gagne said the City has negotiated hard and long for a Police
Contract. He said about 7-8 years ago the Council doubled Shorewood's
taxes to cover expenses. He said that Excelsior may have to do the
same thing.
Daugherty said the cost for Police should be done in one package.
Lewis said he agrees that ~ will have to handle their
financial crisis.
Gagne moved, Lewis seconded, to deny the request for funds from
Excelsior for Police costs for the 4th of July celebration.
Motion carried - 5/0.
MATTERS FROM THE FLOOR.
Jerry Brecke said he thought he was on the agenda for discussion on
Howards Point Marina.
Nielsen apologized and said he is scheduled for May 13th.
11
CITY OF SHOREWOOD
. REGULAR CITY COUNCIL 4ING
MONDAY. APRIL 22. 1991
COUNC.~HAMBERS
5755 RY CLUB ROAD
PAGE
Bob Rascop, LMCD Representative.
Rascop reported that the Comprehensive Plan is proceeding, with 5
cities dissenting.
Rascop said the LMCD is trying to place a pump out station in the
upper lake. It may be located at Howards Point Marina. He said
Howards Point Marina will be looking at removing old gas tanks and
replacing them.
STAFF REPORTS:
A. ATTORNEY'S REPORT
No report.
B. ENGINEER'S REPORT
No report.
C. PLANNING DIRECTOR'S REPORT
1. Spring Cleanup
Nielsen said it is hard to get exact costs for curbside
pickup because the firms do not know how much they will
pickup.
The curbside pickup will include brush, yard waste and small
household items.
He said the City can use the Public Works garage as a large
item drop off point on one weekend.
He said the City will charge the cost to get rid of these
items.
Nielsen said $24,000 is budgeted for spring cleanup. He
asked if the Council wanted to use this money or charge the
residents on their sewer bills. He said Excelsior charges
$7.00 per household.
Lewis moved. Gagne seconded. to approve curbside pickup on
two weekends to be determined and have one weekend for large
item drop off and charge residents for the curbside pickup
up by adding this cost to their sewer bill.
Motion carried - 5/0.
2. Landscape Plan Cost Estimate - S. E. Area Water Treatment
Gagne moved. Lewis seconded. to approve $800 to $1000 for
plans and specifications for landscaping the S. E. Area
Water Treatment Plant.
Motion carried - 5/0
3. Gagne moved. Stover seconded. to approve changing the May 27
meeting date to May 28. 1991.
Motion carried - 5/0.
12
CITY OF SHOREWOOD
. REGULAR CITY COUNCIL ~ING
MONDAY, APRIL 22. 1991
COUNC~HAMBERS
5755 RY CLUB ROAD
PAGE
D. ADMINISTRATOR'S REPORT
No report.
COUNCIL REPORTS.
A. MAYOR BRANCEL
Brancel said the Police Report and Cable Commission reports are
available to the Council members.
B. COUNCILMEMBER GAGNE
Gagne said the City received a plaque from the Senior Center in
recognition of it's help.
He also said he would like the study done by EOS of the Public
Works site added to the agenda.
C . COUNC I LMEMBER STOVER
No report.
D. COUNCILMEMBER LEWIS
He said he had the first meeting of the Old Market Road Task
Force and the discussion was very good. However. the group will
have little impact until the intersection is in.
E. COUNC I LMEMBER DAUGHERTY
No report.
ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS
Gagne moved. Stover seconded. to adjourn the meeting at 10:52 P.M.
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since April 5. 1991
LIQUOR
$ 58,365.43
TOTAL CHECKS ISSUED
GENERAL
$ 14,588.96
$ 72.954.39
Checks for Council approval
1".,.
...:'
CITY OF SHOREWOOD '6~
. REGULAR CITY COUNCIL :~ING
MONDAY. APRIL 22. 1991
Checks No. 6596-6030
CHECK REGISTER FOR APRIL 9. 1991 PAYROLL
Checks no. 205032/205068
LIQUOR
$3,017.63
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
CITY ADMINISTRATOR JAMES HURM
14
COUNC~CHAMBERS
5755 RY CLUB ROAD
PAGE
TOTAL CHECKS FOR APPROVAL
$ 88.389.05
TOTAL CHECK APPROVAL LIST
$161, 343.44
GENERAL
$11,612.04
TOTAL CHECKS ISSUED
$14,629.67
MAYOR BARBARA BRANCEL
. .
RESOLUTION NO. -91
A RESOLUTION APPROVING THE ELECTION OF JAMES C. HURM
TO BE EXCLUDED FROM THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
WHEREAS, James C. Hurm was duly appointed city
Administrator/Clerk and chief administrative officer by the City
Council of the city of Shorewood on March 6, 1991, and,
WHEREAS, Minnesota Statutes Section 353.028 provides that the
chief administrative officer of a municipality may elect to be
excluded from membership in the Public Employees Retirement
Association, and,
WHEREAS, James C. Hurm has notified the City Council of his
election to be excluded from membership in the Public Employees
Retirement Association.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Shorewood hereby approves the election of James C. Hurm to
be excluded from the Public Employees Retirement Association
according to Minnesota State statutes section 353.028.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD THIS 13TH DAY
OF MAY, 1991.
Barbara Brancel, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
ROLL CALL VOTE:
Ayes:
Nays:
5A
.
.
HOWARD'S POINT MA ·
5400 HOWARD'S PO RINA, INC.
SHOREWOOD INTROAD
, MINNESOTA 55331
(61 2) 474-4464
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LAKE MINNETONKA CON.SERVATION DISTRICT
800 WTWAYlATA BOWVAAO. SVITI! 160 WAYv.TA.IilINNE80TA 16381 TELEPtOl'E '1~"~7033
IiUQENE A. eTAOMIIEN. EXEcutIVE DIRECTOR
April 11, 1991
~ ",::J~ 'r~ flAM,,/
'F'r~: f.,~
/ N>'-'
~ .../l..ql
Jerry Brecke
Howard's Point Marina
216 Water Street
Excelsior, MN 55331
Doar Mr, Brecke:
Several members of tho LMCD Board of Directors hove
suggested that we start. reviewing amenities provided
by all the marinas on Lake Minnetonka and recommend
additions where we find that services needed are not
being provided.
In the case of Howard's Point Marina, the addition of
a pump out service would be a beneficial public
amenity clearly needed on South Upper Lake, There
are no marinas offering suoh a service in this area.
Would you be willing to consider adding this service
as early as this season? Perhaps we can discuss this
whon I stop by in June for the annual dock
inspection.
Tho LMCD supports this and other types o! vaJuabl~
public services that marinas on Lake Minnetonka
offer.
Your continuing cooperation in helping "Save the
Lake" is greatly appreciated.
Sincerely,
~ MINNETONKA CONSERVATION
frf.~Th~U~
Adminis~rative Tochniaian
DISTRICT
c: J. Grathwol/'
R. Raacop
***EHD***
.
.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Mayor and City Council
FROM:
Brad Nielsen
DATE:
7 May 1991
RE:
Howard's Point Marina - Request for Sanitary Pump-Out
FILE NO.
405 (91.08)
Howard's Point Marina currently exists as a nonconforming use in a residential zoning
district. The Marina's request for approval of a sanitary pump-out was originally reviewed
in 1985. At that time the Council directed the Marina representative to either apply for a
variance to the nonconforming use provisions in the zoning ordinance or apply for a rezoning
to Lakeshore Recreational District which would eliminate the nonconforming use status of the
property. There is no record of their having applied for either.
Having discussed this matter with the City Attorney, we both agree that the request must be
properly processed through the Planning Commission and that a public hearing must be held.
If you have any questions relative to this matter, please contact my office.
cc: Jim Hurm
Glenn Froberg
Jerry Brekke
A Residential Community on Lake Minnetonka's South Shore
&B
..
.
STEPHENBRUCE
.
&. C LJ .\ [ r A .\' )'
April 16, 1991
APR
7 !cC'!
Shorewood council
Shorewood City Offices
5755 Country Club Rd.
Shorewood, Mn. 55331
Dear Shorewood Council,
Like last year, we are building a home on Christmas Lake Road
for a client who wants us to enter their home in the Parade of
Homes so they can benefit from the substantial cost savings
that result. The home is immediately next door to the north
of last years home.
We are requesting that we be allowed parking on the west side
of the street for a distance of 1000 feet running north from
the new home during Parade hours. Turn around for visitors
would be confined to the driveway of the new home. We want
to confine the parking to this area because there are the
fewest driveways in this area and the boulevard is primitive.
The dates of the Parade are from Sept. 8 to Sept. 22, with
the hours from 1:00 to 6:00 on weekends and 3:00 to 8:00 on
weekdays.
For council members that are not familiar with the origin of
the "No Parking" zone on Christmas Lake Road, it was to confine
lake access parking to the public access. It wasn't for any
feature inherent in the road or neighborhood.
If the South Shore Police remember a lot of commotion at this
location last year, I ask that they separate our activities
in their memory from the McKay wedding which occurred a few
weeks before the Parade of Homes. The normal traffic related
to our buildina the home combined with the traffic and parking
related to the-wedding production produced irritation with the
neighbors and the police. On the other hand, I don't recall
any problems during the Parade of Homes.
Thank you.
--..-.
Respectfully submitted,
/~~
./~> -
...~
Steve Bruce'
L--/
SB:bk
539 Lake Street, Wayzata, tvlinnesota 55391 (612) 475,2710
1~
.
.
April 15, 1991
Shorewood City Council
5755 Country Club Road
Shorewood, MN 55331
..
Dear Council members:
We, along wi th Stephen Bruce & Company, are requesting the council's permission to
temporarily amend the parking restriction on Christmas Lake Road in order to facilitate our
home, 5885 Christmas Lake Road, being included in the Parade of homes for 1991.
We reside next to Marylou & Ray Barton, for whom you approved a similar request last year
to allow for a Stephen Bruce Parade Home. It was our experience that Stephen Bruce's
communication, management of parking and traffic flow was conducted in a highly sensitive
manner which provided minimal disruption and virtually no invasion of privacy to ourselves
and the other neighbors.
Respectfully submitted,
,r. )
{ ~~.LLL !(Lt6!fL LL
.~ \
/~~~ (~~Av~
Kevin & Gerri Kuester
;/
CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MINUTES, AUGUST 13, 1990
..
couJllt CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 6
Gagne moved, Stover seconded to adopt RESOLUTION NO. 74-90
"A Resolution requesting permission to tap into MWCC sewer lines on
Strawberry Lane in the City of Shorewood".
Motion carried - 4/0.
WALDIN VARIANCE
Haugen asked Mr. Rockford Waldin if he wished to table his request for
a variance. Mr. Waldin asked that his request be tabled.
Stover moved, Gagne seconded, to table the variance request of Mr.
Rockford Waldin until the August 27th City Council meeting.
Motion carried - 4/0.
PRELIMINARY PLAT - BOWMAN ADDITION
LOCATION: 20025 MANOR ROAD
APPLICANT: RICHARD BOWMAN
RESOLUTION NO. 75-90
Mr. George Stickney represented Mr. Bowman. He stated he had talked
to both the Cities of Deephaven and Shorewood and all issues had been
resolved.
Stover said the Planning Commission recommended approval of the Plat.
Haugen asked Nielsen if he was satisfied that all the issues were
resolved. He indicated he was and would recommend approval of the
Preliminary Plat.
Stover moved, Brancel second to adopt RESOLUTION NO. 75-90
"A Resolution approving the revised Preliminary Plat for the Bowman
Addition" .
Motion carried - 4/0 on a roll call vote.
TEMPORARY WAIVER OF PARKING RESTRICTIONS ON CHRISTMAS LAKE ROAD
Mrs. Diane Bruce presented her request for waiver of parking
restrictions. She said she would only need parking on the West side
of the street from 1-8 P.M., M-F and 1-6 P.M., Sat and Sun. from Sept.
9-Sept. 23, 1990.
There was a letter from Michael Pierro objecting to this.
Brancel asked if there could be parking across the street by Christmas
Lake. Bruce said the shoulder dropped off to the Lake.
Froberg said the "no-parking" signs would have to be covered.
Whittaker said this was the applicants job. The police will patrol
the area.
Gagne felt this was a reasonable request.
Gagne moved, Brancel seconded,
restrictions on Christmas Lake
from Sept. 9-23, 1990 from 1-8
weekends.
to approve the lifting of parking
Road to allow parking on the West side
P.M., on weekdays and 1-6 P.M., on
Motion carried - 4/0.
1'0
I . . ,1PR - 3 is?1
Lake Minnetonka Cable Communications Commission
443 OAK STREET · EXCELSIOR, MINNESOTA 55331 · (612) 474-5539
April 3, 1991
Mayor Barb Brancel
City of Shorewood
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor Brancel:
In January I received a request from the city to obtain costs for supplemen-
tary lighting in the Shorewood City Council Chambers. Upon receipt of that
request I contacted a Minneapolis vendor, Gopher Stage and Lighting, to as-
sist me in making a recommendation on the lights, specifically stating that
our goal was to balance out the amount of overhead illumination on the coun-
cil members. I asked them to recommend fixtures that would provide direc-
tional or flood lighting to supplement the overhead fluorescents, and to make
a recommendation on replacing or filtering the overheads.
After receiving their recommendation in mid-February, I then contacted Joe
Pazandak at the city offices to acquire costs on performing the electrical
work. He sent out the required notices and received a bid from a Minneapolis
electrical contractor, who, in addition to offering costs on the electrical
work, suggested utilizing track lighting, which he had available for sale
also.
There are two approaches to consider, therefore, in this proposal: one is to
use tungsten lighting, similar to lighting used in the home and office; and
the other is to use quartz lighting, which is generally used in television
studios. One is more expensive than the other. Regardless of the system you
choose, the overhead fluorescents in the chamer would need to be balanced to
the same color temperature of the new lights, so the video would not look
greenish/blue.
(continued on next page)
.
.
Letter to Mayor Brancel
Page Two
After compiling bid information and initial research data, I have come up
with two options for you. These options are based on the understanding the
electrical contractor will install the lights, whichever fixtures you choose,
as noted on the bid information and confirmed during a phone call on April 1
with Kelly Johnson.
OPTION A:
GENERAL PLAN: Install four Altman 6" fresnels with 1000 watt lamps to the
ceiling section at the center of the room, with on/off switches located along
the wall. In addition, to match the color temperature of the fresnel lamps,
the overhead fluorescent bulbs in all fixtures in the chambers would need to
be replaced with warm/white bulbs.
CONSIDERATIONS: These fresnels would be very bright and may need to be
diffused with filters if dimmer switches are not installed. An acceptable
angle of placement will be critical when installing these lights so as not to
create an intolerable situation for the council members who may have to look
into them for extended periods of time. (This consideration would apply to
any lights installed.)
COSTS: (Optional items are noted)
4 Altman fresnels (includes clamps,
frame, edison plug, safety cable
and lamps) $ 636.00
2 Metal piping with mounting
hardware $ 50.00
38 Warm-white 48" 40 watt
fluorescents $ 96.14
---or---
38 Warm-white 48" 36 watt
fluorescents $ 116.28
Electrical installation:
4 control switches for lights
(includes labor, materials, installation of
lights, 4 switches and inspection)
4 Dimmer switches for lights
---or---
Electrical installation:
2 control switches for lights
(includes labor, materials, installation
of lights, 2 switches and inspection)
2 Dimmer switches for lights
TOTAL Minimum
Maximum
$ 657.00
$ 480.00 (optional)
$ 607.00
$ 120.00 (optional)
$1,389.14
$1,939.28
-~...~..~~._..---,..,._,-----_.~,----~~...
.
.
Letter to Mayor Brancel
Page Three
OPTION B
GENERAL PLAN: To install track lighting available from the electrical
contractor, which uses 150 watt bulbs and would be mounted to the ceiling
section in the center of the room. These lights would be mounted as any
track lighting would be. The fluorescents, however, would not match these
tungsten lamps either and would need to be replaced.
CONSIDERATIONS: These lights are appropriate to the decor of the room and
would provide additional lighting, though with significantly less lumination.
I would recommend dimmers on the wall switches controlling each track of four
lights with this option also, as the cost is not prohibitive and would be
useful in adjusting these lights. It would be important to balance the
fluorescents to these lights, also, to assure the best image possible using
these low-wattage household bulbs.
COSTS:
8
2
38
Juno 150 track heads
8' Juno track/ plus
entrance fitting
150 watt bulbs
Warm-white 48" 40-watt
fluorescents
---or---
Warm-white 48" 36-watt
fluorescents
$
200.00
8
38
$
$
120.00
28.00
$
96.14
$
116.28
2
Dimmer switches
Electrical installation
TOTAL Minimum
Maximum
$ 100.00 (optional)
$ 607.00
$1,151.14
$1,171.28
I would be happy to appear before the Shorewood City Council when this issue
is to be addressed to explain any of the information contained here and to
answer questions in general pertaining to this request.
rs truly, A~/~
/J'
! "/ j( 'j
, _ " , /.; ,1/ ." .' . ,"
~ .' !J;1i/(l/Lf;J; ;/ /' /!/Q
Pinnifer"'~tts
[;Administrator
enclosures
.
~ 2//q
. -
lNG, INC.
2839 . 11th Avenue South . Minneapolis, Minnesota 55407
Phone (612) 871-0138 · FAX (612) 871-6532
February 15, 1991
ennifer Watts
Lake Minnetonka Cable Communications Commission
443 Oak Street
Excelsior, MN 55331
Dear Ms. Watts,
As per your request, I have a recommendation for additional
lighting in the council chambers to enhance the lighting for
video production.
The light may be brought to an acceptable level by using for
1KAF-MPF 6" fresnels mounted to the partition in the center
of the room. These instruments are rated for 1000W lamps,
and are the same units which are currently in the studio.
The mounting can be done by using two short sections of pipe
mounted to the partition and clamping the instruments to the
pipe. The pipe must be mounted into a stud or a support beam
that should be found in the partition.
The existing fluorescent lighting can be utilized for the
remainder of the lighting needs, provided the lamps are of a
warm/white type. This is necessary so the color temperature
will balance to a reasonable degree. Correction filters may
be used if an exact balance is needed. Enclosed is
information on the filters.
Enclosed you will find cut sheets on an architectural
and theatrical dimming. However, it may be sufficient in
this application to have two 20 AMP circuit switches for
on/off. If the lights are too harsh, diffusion gels may be
used also.
Thank you for contacting Gopher stage Lighting for your needs
with this project. As questions arise, please call.
Sincerely,
John Goo 1 'a
Lighting chnician
Film/Video . Entertainment . Lighting · Sound
Conventions . Concerts . Stage . Studio . Television · Disco
Special Effects . Lighting Equipment · Theatre Supply
.
.
QUOTE FOR: Lake Minnetonka Cable
CONTACT PERSON: Jennifer Watts
QUOTE BY: Gopher Stage Lighting
DATE: February 15, 1991
Communications Commission
474-5539
871-0138 John Goodlad
4
Altman 1KAF 6" die cast fresnel
Includes clamp, frame,
edison plug installed, safety cable
and BTR 1000W lamp
636.00
2
sections pipe with mounting hardware*
50.00 /
2654.00 )jJOI ADef)
< /NCUj
615.00 ( II! JJIJ
determined ~
1
EDI Versa-pac dimming system
1
ETA 4 channel portable dimming system
used, new are no longer available
*
This is an estimate only. Actual cost will be
with correct measurements.
Shipping is NOT included.
Labor for installation in NOT included.
Any electrical work will need to be done by a licensed
electrician.
.
Catalog number 1 KAF
1000 Watt
6" r..~;:;;i
A basic set lighting device for stage, studio and television; the 1 KAF
produces a soft edged beam which varies In diameter from 5.7 feet to
39 feet at a throw distance of 25 feet. The 1 KAF is designed for opera-
tion with long life, high intensity, tungsten halogen lamps. with either
medium bi-post or pre-focus bases. The luminaire is used in theatre
for acting area lighting where beam shaping Is not required. or in
the studio as a key-light or back-light when a smooth even beam
Is required. Constructed of cast aluminum and designed to
withstand trouping, the 1 KAF is also used In nightclubs,
museums and showrooms where high Intensity. soft
edged controlled lighting is required. '
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12'11"
Feutllres
* 6" heat resisting fresnellens
* Rugged lightweight die-cast aluminum housing
* Medium pre. focus or medium bi.post socket available
* Efficient specular Alzak aluminum reflector
* 11:1 f1ood:spot beam zoom range
* Quick spot to flood focus adjustment with
cool touch handle
* Three wire 36" teflon leads
* U.L.listed to 1000 watts
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SI)eeiiieatious
Tl'ie lumlnaire shall be a 1000 walt fresnel
lensed spotlight. For strength and heat
dissipation the housing shall be constructed
of die-cast aluminum with the exterior finish In
baked black enamel. Convection cooling of
lamp. socket and housing shall be provided by
fully baffled ventilation holes to prevenllight
leaks.
The luminaire shall be supplied with a medium
pre-focus or medium bl-post (as specified)
socket to accept high Intensity. long life
tungsten halogen lamps. The socket shall be
mounted on an adjustable burner in front of a
spherical specular Alzak aluminum reflector.
The burner shall be constructed to allow slide
focus of the assembly from narrow spot to full
flood without over-travel. Each unit shall be
provided with a 6" diameter heat resisting
fresnel lens with special back pattern for
tungsten halogen lamp and float mounted to
aid convection cooling. The dle-cast lens
holderllamp access door shall be provided
with four cast aluminum accessory holder
clips with spring loaded top lock.
Relamping shall be easily accomplished by
releasing the cam-Iock latch and swinging the
hinged lens assembly to the side. Relamping
shall be accomplished without disturbing the
pre-focused lamp alignment. Luminaires shall
be supplied with an iron pipe clamp suitable
for Installation on :Y." to 2" 0.0. pipe, a color
frame. a rigid strap aluminum yoke, a spring
tension slide locking wheel, and a three foot
three wire teflon lead encased in black
fibreglass tubing.
The light output of the luminaire, catalog
#1 KAF MEBP, shall have a variable beam angle
from 6.4 0 to 70.50 dependent on focus adjust-
ment. The luminaire shall produce 268 foot-
candles at center beam In spot focus and 16
footcandles at center beam In flood focus with
Q1000 T7/4CUEGT lamp at rated lumens at a
distance of 25 feet. Beam zoom ratio shall be
11:1, flood zoom ratio shall be 5.9:1. The
luminaire shall be U.L. listed and labeled for
use with up to a 1000 watt lamp.
Aeeessories
Supplied with lum/nalre
1 KAF-MEBP luminaire supplied with
medium bl-post socket
1KAF-MEPF luminalre supplied with
medium pre-focus socket
1 KAF-PC malleable pipe clamp
1 KAF-CF color frame
Addit iOllul uee-.:ss<<u-i-.:s
1 KAF-PS pin spot adaptor
1 KAF-BD-4 four way barn door
1 KAF-SN snoot
1 95A color wheel
404-6 motorized color wheel
1 KAF-R L replacement lens
.
Altman Cat~o. l.KAF
6" die-east fresnel
FooTCANDLES 1790 798
* SPOT FOCUS 12.1. .. II
SPOT FOCUS 12.2. --=::2.3_3.4
II
DISTANCE 10 15
'eet
441 2S8 1.
I I I
4:5 5.7 e~. DIA.It.
I 1 T
20 25 30
.1 I
* FLOOD FOCUS 7U...I.
FLOOD FOCUS 73..._
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32 39 47
30 38 45
DIA.lt. ;
FooTCANDLES *100 44 25
120 53 30
I
11
13.
* PHOTOMETRIC DATA FOR 1 KAF.MEBP WITH EOT LAMP
PHOTOMETRIC DATA FOR 1KAF.MEPF WITH BTR LAMP
\,"-J
6" DIE-CAST FRESNEL PERFORMANCE CHART WITH EGT LAMP
FIxture Candtepower Beam Angle Field Angle . Efflcleilcy
Type Focus (Candela) (Degrees) (Degrees' %
1KAF-MEBP Spot 179,000 6.4 12.9 9.4
Flood 10.000 70.5 76.5 49.5
/1
6" DIE.CAST FRESNEL PERFORMANCE CHART WITH BTR LAMP
Fixture Candlepower Beam Angle Field Angle Efficiency
Type Focua (Candela) (Degrees) (Degrees) %
1KAF.MEPF Spot 179.000 6.4 12.2 8.6
Flood 12,000 69.2 73.8 3<4.6
LAMP SUBSTITUTION DATA
Rated
Fixture ANSI Manufacturer Color We Rated Correction
Serle. Watts Code Lam Code Temp (OK) (Hours) Lumena Factor
1KAF.MEBP 500 EON 3200 100 . " 13,000 .47
750 EGR 0750T714CL 3200 200 20,000 .73
1000 EGT 01oooT714CL 3200 250 27,500 1.0
1KAF.MEPF 300 EEX 3200 50 7,200 .26
500 BTL 05OOT6ICUP 3050 500 11,000 .40
500 BTM 3200 . 100 13,000 .47
750 BTN 0750T7ICU2P 3050 500 17 ,000 .62
750 BTP 0750T714CU2P 3200 200 20,000 .73
1000 BTR 01oo0T714CU2P 3200 250 27,500 1.0
~ ~!:~~~e~on~~~~~Ph:I(~)~~~~r~2)~~;: INC.
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.
.
Jennefer Watts
Dear Jennefer:
I requested four electrical contractors to bid on installation of
lighting in the council chambers at your request.
Attached is a bid from Thrift - Way Electric, the only bid I
received. You may note that this bid includes a discussion of the
use of dimmer switches as an option to a control station.
Thrift - Way Electric provided the following two reV1S1ons as to
your discussion of other possible means of providing additional
lighting in the council chambers at reduced cost:
1. The use of two switches would save approximately $50.00.
2. An additional estimate is included for track lighting
providing the use of lights left over from a different
commercial project Thrift - Way was working on.
Please feel free to contact me at 474-3236 if you have any further
questions, I will be happy to work with you.
Sincerely,
J~~.1dt ~
Joe Paza ak
Buildin Inspector
.
Free EstimatEll\"
licerls ld : . Industrial
Bonded . Commercial
. Residential
Th.ifT-W AY ElEcT.ic
3034 Florida Ave. N.
Minneapolis. MN 55427
OffICe
546-4070
KELLY JOHNSON
Home
427'()129
THRIFT-WAY ELECTRIC INC.
Bus: 546-4070
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3034 Florida Avenue North
Minneapolis, Minnesota 55427
Res: 546-5270
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Bus: 546-4070
T.IFT-WAY ELECTRIC INC.
3034 Florida Avenue North R.l46-5270
Minneapolis, Minnesota 55427
N2 --2370
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.
.
MAYOR
Barb Brancel
COUNCl L
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO: Planning Commission
FROM: Brad Nielsen
DATE: 3 May 1991
RE: Kuester - House Moving Permit
FILE NO. 404 (5885 Christmas Lake Road)
Kevin and Gerri Kuester propose to build a new home at 5885 Christmas Lake Road (see
Site Location map - Exhibit A, attached). Rather than demolish the existing home on the
property, they propose to sell it to a house moving company for relocation to the St. Cloud
area. Pursuant to Chapter 1002 of the City Code, the Planning Commission must review all
house moving permits, and make a recommendation to the City Council. The Code is the
same whether the house is being moved in or out of the community.
The applicant proposes to move the house north along Christmas Lake Road, then east, out
of Shorewood, on State Highway 7. The applicant's letter (Exhibit B) elaborates on the
proposed move.
The request is also subject to the review and recommendations of the City Engineer and the
Chief of Police. Our main concerns with moving a building out of town are protection of
private and public property and traffic safety.
Comments from the City Engineer and Police will be available for Tuesday night's meeting.
If you have any questions relative to this matter, please call this office.
cc: Jim Hurm
Joel Dresel
Glenn Froberg
Rick Young __
Gerri Kuester
'iA
A Residential Community on Lake Minnetonka's South Shore
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Kevin & Gem. Kuester
5885 Christmas Lake Road
Shore wood, MN 55331
April 18, 1991
Brad Nielson
City Planner/Building Official
5755 Country Club Road
Shorewood, MN 55331
Dear Brad,
In response to our conversation earlier this week, I am enclosing all the requested information
in order to consider and issue an approval and permit for the relocation of the house at 5885
Christmas Lake Road to a location in St. Cloud.
- Application for the permit (attached)
-Copy of Otting House Mover1s insurance document. He will accept liability for any
damage if it occurs to personal property, however the ample measurements calculated below
should prohibit that.
- Letter of Agreement between the Kuester's and Otting House Movers
-Drawing of the Kuester House in relation to the site and illustrating the width.
Additional requested information:
_ Measurements: The house at the widest point is 26 feet, adding the eaves that
overhang, it is 30 feet. The narrowest point of Christmas Lake Road is 32.5 feet arUOtting
considers that easy to facilitate.
-Otting House Movers is license # 11 by the State of Minnesota.
_ The routes he will use will be Christmas Lake Road north - to Hwy 7 east- and
from there other State Highways which permits will be secured....
&.h*, b;t t:>
.
.
Thank you for your time in reviewing this request and facilitating the house for use by
someone who would greatly aprreciate affordable housing. I hope the city of Shorewood
will cosider this a better alternative for all that this house does not contribute to more
landfill.
Sincerely.
Gerri Kuester
Kevin Kuester
..
MAY 07 '91 14:45 OSM MPLS,MN
. .
(\~M err 2q21 East l:Iennepin Avenue
ScheIen MInneapolis. MN 55413
Mayeron& 612-331-8660
A.ssociates,Inc. FAX 331-3806
P.l
.
Engineers
Surveyors
Planners
Date:
May 7, 1991
To:
Brad Nielsen, City Planner
Joel Dresel, City Engineer
From:
Re:
Kuester House Moving Permit
OSM Comm. #4705
As requested, we have reviewed the proposed route for the referenced project. We have
limited our inspection to that ponion of the route south of TH 7, with MnDOT permitting
required for the rest of the route in Shorewood.
The applicants letter states that the house itself is 26 feet wide (30 with eaves), with
Christmas Lake Road having a minimum width of 32.5 feet. The right-of-way of the road
is 33 feet, but tbe roadway surface itself is only 22 feet wide at its narrowest point. The
mover (Blll Otting) stated that the axle width of the trailer is 18 feet, making the roadway
negotiable. In any case, it appears that at least one mailbox would have to be moved to
accommodate a 26 foot width.
Moving height is unknown, and it appears that overhanging trees could be damaged.
Unforrunately, the overhanging trees occurs at roughly the same locations as the narrowest
portion of the road and the mailbox obstructions.
No mention of weight is made in the application. We recommend no greater than a single
axle weight of 7 tons, with a preference at this time of year of 5 tons per axle.
To allow this permit. we recommend that the applicant supply additional information on the
space available along the proposed route. In addition, the single axle load should be limited
to 7 tons.
su/nlelsen57
c: JAD /file
.......-...-.
- -." --....
Post-It'" brand fax transmittal memo 7671 [II ofpagee ~ I
To & F,ol'll ::TO ~ ~
1.:;::,_~I1D
c~ c~
Fax; 474-012-8
Fllx!I
qe,
c.pt.
pnORa It
.
.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
2 May 1991
RE:
Askin~/Almquist - Proposed Division/Combination and Lot Width Variance
FILE NO.:
405 (91.06)
BACKGROUND
John Askins and Paul Almquist own the lots located at 19385 and 19355 Shady Hills Road,
respectively (see Site Location map - Exhibit A, attached). A drainage project is proposed
between their properties which requires them to grant easements for a storm sewer pipe.
They have agreed to provide the easements, in exchange for the City adjusting the lot line
between their properties to where they mistakenly believed it to be. At its 25 March
meeting the City Council agreed to provide the necessary surveying and legal work as part
of the drainage project.
Having completed the survey, it was discovered that the westerly lot (Askins') becomes
slightly narrower than what the Zoning Ordinance allows in the R-IC zoning district.
Instead of 100 feet, Askins' lot will be 95 feet wide, necessesitating a variance. The
proposed division and combination is shown on Exhibits B and C.
ANALYSIS/RECOMMENDATION
Despite the variance, this request could be fairly simple. The amount of property being
traded between the two owners is approximately equal, and the proposed lot line remains
straight. It is complicated somewhat, however, by a land swap proposed by Mr. Askins in
which he asks the City to trade a small piece of park land for an equal amount of his
property in order to keep the lot line straight. This is easier illustrated than verbally
described - see Exhibits B and C.
A Residential Community on Lake Minnetonka's South Shore
loA
.
.
Re: Askins/Almquist
Subd.lcomb.lvariance
2 May 1991
From a planning perspective both the lot line adjustment and the swap between Askins and
the City make sense. Even though Askins' lot is five feet narrower than required, the new
lot line is closer to 90 degrees to the right-of-way line. The proposed swap avoids a
gerrymandered lot line, resulting in a more useable buildable area on Askins' property.
It should be noted that the park property has never been developed and exists as a natural
area. Nevertheless the Park Commission should review this matter and make a
recommendation to the Council.
Subject to the Park Commission's comments, it is recommended that the proposed
division/combination and variance be approved.
BJN:ph
cc: Jim Hurm
Joel Dresel
Glenn. Froberg
Paul Almquist
John Askins
Park Commission
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Exhibit A
SITE LOCATION
Askins/Almquist - division/combination
and variance
..~~~~.....,
STORM SEWER DISTRICT BOUNDA~I
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Exhibit E
LOWER LEVEL PLAN
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Dra.S/8/91
CITY OF SHOREWOOD
PLANNED UNIT DEVELOPMENT AGREEMENT
WATERFORD 3RD PHASE
THIS AGREEMENT, made this day of , 1991, by
and between the CITY OF SHOREWOOD, a municipal corporation, hereinafter
referred to as the "City", and TRIVESCO, a Minnesota general partnership
consisting of Steiner and Koppelman, Inc., Robert H. Mason, Inc., and
Highland Properties, Inc., hereinafter referred to as the "Developer".
WHEREAS, the Developer is the fee owner of certain lands
described in Exhibit A attached hereto and made a part hereof, which lands
are hereinafter referred to as "the Property"; and
WHEREAS, the Property was included as part of a Planned Unit
Development known as Waterford to be developed pursuant to the Amended
Development Agreement dated August 12, 1985, between the City and the
Developer; and
WHEREAS, the City Council, by Resolution No. 99-89, passed
November 20, 1989, granted development stage approval for Waterford 3rd
Phase, and preliminary plat approval for the Property, said plat to be
known as "Waterford 3rd Addition"; and
WHEREAS, the City Council, by Resolution No. 100-90, passed
September 10, 1990, approved a revised preliminary plat and development
stage plan for Waterford 3rd Phase, which plan is attached hereto as
Exhibit B; and
WHEREAS, the City and the Developer entered into a Contract for
Tax Increment Finance Development on March 6, 1991, whereby the Developer
agreed to construct the development called Waterford Phase Three,
hereinafter referred to as the "Project", comprising residential and
commercial development, including the construction of at least 32,000
square feet of retail/office space on the Property and all necessary
public improvements associated with the project, pursuant to a Planned
Unit Development Agreement to be executed by the parties; and
WHEREAS, by action of the City Council taken on April 8, 1991,
the deadline for submitting the final plat of "Waterford 3rd Addition",
was extended to April 30, 1991; said plat has been duly submitted; and
WHEREAS, it is the intent of the parties that the Project be
completed in stages, commencing with the construction of a two-family
dwelling in the residential portion to be followed by further construction
in the residential and commercial portiOns of the project; and
Attachment 1
PROPOSED DEVELOPMENT AGREEMENT
WHEREAS, the Developer4lts filed with the City the Fina4ltlat for the
first stage of the plat of "Waterford 3rd Addition", a copy of which plat
is attached hereto and made a part hereof as Exhibit C; and
WHEREAS, the Developer has filed with the City a grading. drainage
and erosion control plan for the project. a copy of which plan is attached
hereto and made a part hereof as Exhibit D; and
WHEREAS, the Developer has filed with the City a utility plan for the
project. a copy of which plan is attached hereto and made a part hereof as
Exhibit E.
NOW, THEREFORE, in consideration of the foregoing premises and
acceptance by the City of the final plat for the first stage of "Waterford
3rd Addition", the City and the Developer agree as follows:
1. LAND USE:
A. Residential. The residential portion of the Project has been
approved for S4 two-family dwelling units (27 buildings). plus
community recreational facilities. Development of the
residential portion of the Project is subject to the following
condi t ions: .
(1) The design of the buildings shall be consistent with the
character and quality of those approved in the Development
stage of the P.ll.D.
(2) Minimum setbacks (for all structures) shall be as follows:
(a) Front: 30 feet
(b) Rear: 30 feet
(c) Side: 10 feet
(d) Side yard abutting a street: 30 feet
(3) Maximum building height shall be two and one-half stories
or 35 feet. whichever is less.
(4) Plans for the common recreational facilities shall be
approved by the City. Construction of common recreatinal
facilities shall be completed prior to the time that one-
half of the two-family dwellings have been built.
(5) The covenants and restrictions for the residential property
shall include provisions for fences. accessory buildings.
shared driveways, and ownership and maintenance of common
open space and facilities.
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B.
Commercial. The ~erical portion of the project4l!s been
approved for the following uses: convenience grocery store with
gas pumps as an integrated facility, family restaurant, retail
strip center, office building, bank building with drive-up
facility and daycare facility. Development of the commercial
portion of the project is subject to the following conditions:
(1) The design of the buildings shall be consistent with the
character and quality of those approved in the Development
Stage of the P.U.D.
(2) All site plans must be reviewed by the Planning Commission
and approved by the City Council.
(3) The fuel storage tank for the gas pump facility shall be of
double-wall fiberglass construction.
(4) Final plans for parking lot grading and drainage shall be
submitted by the Developer for approval by the City Engineer
prior to construction.
(5) The covenants and restrictions for the commercial property
shall include provisions for signage, exterior sales and
display ~acks, hours of business operation, lighting,
landscaping, prohibition on the sale of liquor, and other
conditions placed on the property pursuant to the City's
approval of the revised development stage plan on 10
September 1990.
C. Interest. It is the intent of this paragraph 1. to both limit
and define the permitted uses of the property within the
residential and commercial portions of the Project, and any
changes in the uses of the property from that set forth above
shall require the approval of all parties to this agreement.
2. IMPROVEMENTS INSTALLED BY DEVELOPER. Developer agrees at its expense
to construct, install and perform all work and furnish all materials and
equipment in connection with the installation of the follOWing
improvements.
a. Street grading, stabilizing and bituminous surfacing;
b. Surmountable concrete curbs and gutters;
c. Watermains within the plat;
d. Sanitary sewer mains and connections and adjustments to existing
mains
e. Storm sewer and surface water drainage facilities
f. Street name signs and traffic control signs.
g. Site grading and landscaping
It is understood that the above improvements do not include any of the
"Public Improvements" to be constructed by the City pursuant to the
-3-
Contract for Tax Increment tltance Development dated March 6~991.
further understood that underground utility lines, including gas,
electric, telephone, and television cable shall be installed by the
respective private utility companies pursuant to separate agreements
the Developer.
It is
with
3. PRE-CONSTRUCTION MEETING. Prior to the commencement of construction,
Developer or its engineer shall arrange for a pre-construction meeting to
be held at Shorewood City Hall. Such meeting shall be coordinated with
the City Engineer and shall include all appropriate parties specified by
the City Engineer.
4. STANDARDS OF CONSTRUCTION. Developer agrees that all of the
improvements set forth in Paragraph 2 above, shall equal or exceed City
standards, shall be constructed and installed in accordance with
engineering plans and specifications approved by the City Engineer and the
requirements of applicable City ordinances and standards, and that all of
said work shall be subject to final inspection and approval by the City
Engineer.
5. MATERIALS AND LABOR. All of the materials to be employed in the
making of said improvements and all of the work performed in connection
therewith shall be of uniformly good and workmanlike quality; shall equal
or exceed City standards and specifications in effect at the time of the
installation of the improvement, and shall be subject to the inspection
and approval of the City. In case any materials or labor supplied shall
be rejected by the City as defective or unsuitable, then such rejected
materials shall be removed and replaced with approved materials, and
rejected labor shall be done anew to the satisfaction and approval of the
City at the cost and expense of Developer.
6. SCHEDULE OF WORK. It is understood and agreed that the work shall be
performed in multiple stages. The first stage of residential development
shall commence with the construction of a two-family dwelling in the
residential portion of the project. Such construction shall commence
before or during Fall, 1991. The residential portion of the project shall
be completed in four or fewer stages. The first stage of commercial
development shall commence before or during Spring, 1992. Sanitary
sewers and watermains for the entire residential portion of the project
shall be completed during the second stage of the residential portion of
the project and connected to the Shady Hills municipal utility system
provided that the water connection shall be made prior to December 30,
1992. Construction of the detention pond shown on the grading, drainage
and erosion control plan attached as Exhibit D shall also be completed
before or during the construction season of 1992. Prior to the
commencement of each stage, the Developer shall submit a written schedule
in the form of a bar chart indicating the proposed progress schedule and
order of completion of work within the stage. Upon receipt of written
notice from the Developer of the existence of causes over which the
-4-
Developer has no control, w~ will delay the completion of4lte work,
City, at its discretion, may extend the date specified for completion.
the
7 . PLANS FOR IMPROVEMENTS
a. Plans and Specifications. The Developer agrees to cause its
engineers to prepare all plans and specifications necessary for
construction of the street and installation of sanitary sewer, storm sewer
and surface water drainage facilities, watermains, street identification
signs, and traffic control signs within the plat, as set forth in
paragraph 2 above, said plans and specifications to be subject to the
final approval of the City Engineer.
b. As-Built Plan. Within sixty (60) days after the completion of
construction of improvements within each stage, Developer shall cause its
engineer to prepare and file with the City a full set of "as-built" plans,
including a mylar original and two (2) black line prints, showing the
installation of the foregoing facilities within the plat. Failure to file
said "as-built" plans within said sixty (60) day period shall suspend the
issuance of building permits for any further construction within the plat.
c. Easements. Developer, at its expense, shall acquire all
easements from abutting property owners necessary to the installation of
the sanitary sewer, storm sewer, surface water drainage facilities and
watermains within the plat, and thereafter promptly assign said easements
to the City.
d. Pre-existin2 Drain Tile. All pre-existing drain tile disturbed
by Developer during construction shall be restored by Developer.
8. STAKING. SURVEYING AND INSPECTION. It is agreed that the Developer,
through his engineer, shall provide for all staking and surveying for the
above-described improvements. In order to ensure that the completed
improvements conform to the approved plans and specifications, the City
will provide for resident inspection.
9. GRADING. DRAINAGE. AND EROSION CONTROL. Developer, at its expense,
shall provide grading, drainage and erosion control plans for each stage
consistent with the overall grading, drainage and erosion control plan,
attached as Exhibit D. Said plans shall be approved by the City Engineer
and shall provide for temporary dams, earthwork or such other devices and
practices, including seeding of graded areas, as necessary, to prevent the
washing, flooding, sedimentation and erosion of lands and streets within
and outside the plat during all phases of construction. Developer shall
keep all streets within the plat free of all dirt and debris resulting
from construction therein by the Developer, its agents or assignees.
-5-
. .
10. FINAL INSPECTION. Upon completion of the improvements set forth in
Paragraph 2 above, the City Engineer, the contractor, and the Developer's
engineer will make a final inspection of the work. When the City Engineer
is satisfied that all work is completed in accordance with the approved
plans and specifications, and the Developer's engineer has submitted a
written statement attesting to same, the City Engineer shall recommend
that the improvements be accepted by the City.
11. CONVEYANCE OF IMPROVEMENTS. Upon completion of the installation by
Developer and approval by the City Engineer of the improvements set forth
in Paragraph 2 above, the Developer shall convey said improvements to the
City free of all liens and encumbrances and with warranty of title, which
shall include copies of all lien waivers. Should the Developer fail to so
convey said improvements, the same shall become the property of the City
without further notice or action on the part of either party hereto, other
than acceptance by the City.
12. REPLACEMENT. All work and materials performed and furnished
hereunder by the Developer, its agents and subcontractors, found by the
City to be defective within one year after acceptance by the City, shall
be replaced by Developer at Developer's sole expense. Within a period of
thirty (30) days prior to the expiration of the said one-year period,
Developer shall perform a televised inspection of all sanitary sewer lines
within the plat and provide the City with a VHS videotape thereof.
13. RESTORATION OF STREETS, PUBLIC FACILITIES AND PRIVATE PROPERTIES. The
Developer shall restore all City streets and other public facilities and
any private properties disturbed or damaged as a result of Developer's
construction activities, including sod with necessary black dirt,
bituminous replacement, curb replacement, and all other items disturbed
during construction.
14. REIMBURSEMENT OF COSTS. The Developer shall reimburse the City for
all costs, including reasonable engineering, legal, planning and
administrative expenses incurred by the City in connection with with
improvements set forth in paragraph 2 above and all matters relating to
the administration and enforcement of the within Agreement and the
performance thereof by the Developer. Such reimbursement of costs shall
be made within thirty (30) days of the date of mailing of the City's
notice of costs to the address set forth in Paragraph 22 below. All costs
charged to the Developer shall be itemized identifying person, task, time,
date, and at-cost rate.
15. CLAIMS FOR WORK. The Developer or its contractor shall do no work or
furnish no materials not covered by the plans and specifications and
special conditions of this Agreement, for which reimbursement is expected
from the City, unless such work is first ordered in writing by the City
-6-
. .
Engineer as provided in the specifications. Any such work or materials
which may be done or furnished by the contractor without such written
order first being obtained shall be at its own risk, cost and expense.
16. LETTER OF CREDIT. For the purpose of assuring and guaranteeing to
the City that the improvements to be constructed, installed and furnished
by the Developer as set forth in Paragraph 2 above, shall be constructed,
installed and furnished according to the terms of this Agreement. and to
ensure that the Developer shall pay all claims for work done and materials
and supplies furnished for the performance of this Agreement, the
Developer agrees that prior to commencing each stage, Developer will
furnish to the City either a cash deposit or an irrevocable letter of
credit approved by the City in an amount equal to 150% of the total cost
of said improvements for that stage, as estimated by the Developer's
engineer and approved by the City Engineer. Said deposit or letter of
credit shall remain in effect for a period of one year following the
completion of the required improvements. The said deposit or letter of
credit may be reduced in amount at the discretion of the City upon
acceptance by the City of the various individual improvements but in no
event shall such letter of credit be reduced to an amount less than 100%
of the total cost of said improvements. At such time as all of the
improvements have been accepted by the City, such letter of credit shall
be released upon the furnishing by the Developer of a one-year maintenance
bo~. '
17. ALTERNATIVE SECURITY AGREEMENT. In lieu of the letter of credit or
cash deposit required by Paragraph 16 above, the Developer may provide an
agreement providing alternative security, subject to the following
conditions:
a. All documentation evidencing the Alternative Security Agreement
shall be approved by the City Attorney prior to the commencement of
work covered by the Agreement.
b. All work covered by the Alternative Security Agreement shall be
inspected by the City Engineer.
c. No disbursement of funds shall be made by the escrow agent under
said Alternative Security Agreement to contractors on pay requests
until the City Engineer certifies that the work has been done in
accordance with City standards and the plans and specifications.
18. LIABILITY INSURANCE. The Developer shall take out and maintain
during the life of this agreement public liability and property damage
insurance covering personal injury, including death, and claims for
property damage which may arise out of the Developer's work or the work of
their subcontractors, or by one directly or indirectly employed by any of
them. This insurance policy shall be a single limit public liability
insurance policy in the amount of $1,000,000.00. The City shall be named
as additional insured on said policy and the Developer shall file a copy
of the insurance coverage with the City.
-7-
Prior to commencement of co~ruction of the improvements de~ibed in
Paragraph 2 above, the Developers shall file with the City a certificate
of such insurance as will protect the Developer, his contractors and
subcontractors from claims arising under the workers' compensation laws of
the State of Minnesota.
19. LAWS, ORDINANCES. REGULATIONS AND PERMITS. Developer shall comply
with all laws, ordinances, and regulations of all regulatory bodies having
jurisdiction of the Property and shall secure all permits that may be
required by the City of Shorewood, the State of Minnesota, and the
Minnehaha Creek Watershed District before commencing development of the
plat.
20. SEWER ASSESSMENTS. The original assessments against the property for
sanitary sewer are in the amount of $23,791, of which $1,189.55 remains
unpaid. Developer acknowledges that as a newly platted development
additional sums may be assessed against the property as equalization
charges pursuant to Shorewood City Code. Developer agrees to accept and
pay all charges to the City in accordance with Shorewood City Code,
together with all previous assessments against the property, provided full
credit is given to the Developer for all prior payments made by the
Developer or its predecessor on account of said assessments. A schedule
of such charges is set forth in Exhibit F attached hereto and made a part
hereof.
21. PARK FUND PAYMENT. Developer shall, at the time that the final plat
of each stage is approved by the City, pay the required park dedication
fee for each lot included in the plat. It is understood and agreed that
park fees shall be paid for a total of 144 residential lots, 90 of which
shall be assessed at $500.00 per lot. The remaining 54 lots representing
the residential portion of the project, shall be assessed at the amount
required by the City Code as of the date of approval of the plat of each
stage. Payment for the 90 lots shall be made according to the following
schedule:
Final plat approval, first stage - $15,000.00;
June 1, 1992 - $15,000.00;
June 1, 1993 - $15,000.00.
Assessment for commercial lots shall be based on the number of commercial
sewer units assigned to the property. Developer shall be given credit for
three (3) park units paid during the first stage of commercial development
for Developer's dedication to the City of the outlot for trail purposes,
designated as Outlot B in Exhibit C attached hereto.
22. NOTICES. All notices, certificates and other communications
hereunder shall be sufficiently given and shall be deemed given when
mailed by certified mail, return receipt requested, postage prepaid, with
-8-
proper address as indicated4l!1owo The Ciry and the DevelOP~hY written
notice given by one to the other, may designate any address or addresses
to which notices, certificates or other communications to them shall be
sent when required as contemplated by this Agreement. Unless otherwise
provided by the respective parties, all notices, certificates and
communications to each of them shall be addressed as follows:
To the City:
CITY OF SHOREWOOD
5755 Country Club Road
Shorewood, Minnesota 55331
To the Developer:
TRIVESCO
c/o Steiner & Koppelman, Inc.
Attn: Mr. Thomas Kordonowy
3610 South Highway 101
Wayzata, Minnesota 55391
With Copies to:
Randal Travalia
Robert H. Mason, Inc.
14201 Excelsior Boulevard
Minnetonka, Minnesota 55345
Mark Z. Jones
Highland Properties, Inc.
5290 Villa Way
Minneapolis, Minnesota 55435
Jeremy S. Steiner
Vesely, Miller & Steiner
400 Norwest Bank Building
1011 First Street South
Hopkins, Minnesota 55343
23. PROOF OF TITLE. Developer shall furnish a title op1n1on or title
insurance policy addressed to the City guaranteeing that Developer is the
fee owner or has a legal right to become fee owner of the property upon
exercise of certain rights and to enter upon the same for the purpose of
developing the property. Developer agrees that in the event Developer's
ownership in the property should change in any fashion, except for the
normal process of marketing lots, prior to the completion of the project
and the fulfillment of the requirements of this Agreement, Developer shall
forthwith notify the City of such change in ownership.
24. DISCLAIMER BY CITY. It is understood and agreed that the City, the
City Council, and the agents and employees of the City shall not be
personally liable or responsible in any manner to the Developer, the
Developer's contractors or subcontractors, materialmen, laborers, or any
other person, firm or corporation whomsoever, for any debt, claim, demand,
damages, actions or causes of action of any kind or character arising out
-9-
of or by reason of the exe~ion of this Agreement or the p!ltormance
and completion of the work and improvements hereunder; and that the
Developer will save the City, the City Council, and the agents and
employees of the City harmless from any and all claims, damages, demands,
actions or causes of action arising therefrom and the costs,
disbursements, and expenses of defending the same.
25. DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS.
Developer shall provide a copy of the Declaration of Covenants, Conditions
and Restrictions, for the residential and commercial portions of the
Project. Such Declarations shall include the City as a signatory thereto,
and shall be reviewed and approved for review and approval by the City
prior to recording. Such approval shall not be unreasonably withheld by
the City.
26. DURATION OF AGREEMENT. This Agreement shall remain in effect until
one year following the City's acceptance of the improvements set forth in
paragraph 2 above..
27. REMEDIES UPON DEFAULT.
a. Assessments. "In the event the Developer shall default in the
performance of any of the covenants and agreements herein contained and
such default shall not have been cured within thirty (30) days after
receipt by the Developer of written notice thereof, the City, if it so
elects, may cause any of the improvements described in Paragraph 2 above
to be constructed and installed or may take action to cure such other
default and may cause the entire cost thereof, including all reasonable
engineering, legal and administrative expense incurred by the City to be
recovered as a special assessment under M.S. 429, in which case the
Developer agrees to pay the entire amount of such assessment within thirty
(30) days after its adoption. Developer further agrees that in the event
of its failure to pay in full any such special assessment within the time
prescribed herein, the City shall have a specific lien on all of
Developer's real property within the Property for any amount so unpaid,
and the City shall have the right to foreclose said lien in the manner
prescribed for the foreclosure of mechanic's liens under the laws of the
State of Minnesota. In the event of an emergency, as determined by the
City Engineer, the notice requirements to the Developer prescribed by M.S.
429 shall be and hereby are waived in their entirety, and the Developer
shall reimburse the City for any expense incurred by the City in remedying
the conditions creating the emergency.
b. Performance Guarantv. In addition to the foregoing, the City may
also institute legal action against the Developer or utilize any cash
deposit made or letter of credit delivered hereunder, to collect, pay, or
reimburse the City for:
-10-
-"'--"~.'.., .,.""...-..,..."""......"'~),..-.."....-,.. - .~-,-,...,.~.".,...,""
.
.
(1) the cost of completing the construction of the improvements
described in Paragraph 2 above.
(2) the cost of curing any other default by the Developer in the
performance of any of the covenants and agreements contained
herein.
(3) the cost of reasonable engineering, legal and administrative
expenses incurred by the City in enforcing and administering this
Agreement.
c. Legal Proceedings. In addition to the foregoing, the City may
institute any proper action or proceeding at law or at equity to abate
violations of this Agreement, or to prevent use or occupancy of the
proposed dwellings.
28. HEADINGS. Headings at the beginning of paragraphs hereof are for
convenience of reference, shall not be considered a part of the text of
this Agreement, and shall not influence its construction.
29. SEVERABILITY. In the event any prov~s~ons of this Agreement shall be
held invalid, illegal, '.or unenforceable by any court of competent
jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof, and the remaining provisions shall not in any
way be affected or impaired thereby.
30. EXECUTION OF COUNTERPARTS. This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original, and
all of which shall constitute but one and the same instrument.
31. CONSTRUCTION. This Agreement shall be construed in accordance with
the laws of the State of Minnesota.
32. SUCCESSORS AND ASSIGNS. It is agreed by and between the parties
hereto that the Agreement herein contained shall be binding upon and inure
to the benefit of their respective legal representatives, successors, and
assigns.
-11-
IN WITNESS 'REREOF~e City has caused this contra~to be dulY
executed in its name and behalf, and the Developer has caused this Contract
to be duly executed in its name and behalf, on or as of the date first above
written.
TRIVESCO, a Minnesota general
partnership
CITY OF SHOREWOOD, MINNESOTA
By Steiner & Koppelman, Inc.
Its Partner
By:
By:
Its Mayor
Its
"
By Robert H. Mason, Inc.,
Its Partner
And:
Its Administrator/Clerk
By:
Its
By Highland Properties, Inc.,
Its Partner
By:
Its
-12-
.
.
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1991, by Barbara J. Brancel and James C. Hurm,
the Mayor and Administrator/Clerk, respectively, of the City of Shorewood,
Minnesota, a municipal corporation and political subdivision of the State of
Minnesota, on behalf of the City.
Notary Public
~
STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1991, by Thomas F. Kordonowy, Vice
President of Steiner and Koppelman, Inc., Randal W. Trava1is, President of
Robert H. Mason, Inc. and Mark Z. Jones III, President of Highland
Properties, Inc. on behalf of their corporations.
Notary Public
-13-
~GAL DESCRIPTION:
.
That part of the Southwest Quarter of the Southeast Quarter, Section 25,
Township 117, Range 23, lying South of a line extending from a point on
the West line of said Southwest Quarter of the Southeast Quarter distant
591.42 feet North from the Southwest corner of said Southwest Quarter of
the Southeast Quarter to a point on the East line of said Southwest
Quarter of the Southeast Quarter distant 1236.14 feet North from the
Southeast corner of said Southwest Quarter of the Southeast Quarter,
according to the Government survey thereof, Hennepin County, Minnesota.
Outlot A, Waterford 2nd Addition, according to the recorded plat thereof.
EXHIBIT A
-14-
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~EVELOPMENT STAGE PLAN
pproved September 1990
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Exhibit D
GRADING, DRAINAGE & EROSION CONTROL
Overall Plan
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Exhibit E
UTILITY PLAN
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.
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/yr~L-!-~(~
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DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
WATERFORD TOWNHOMES
, 7
-,.- .,
"7-".""'" I
THIS DECLARATION made this day of
by TRIVESCO, a Minnesota partnership, by its partners,
Inc., a Minnesota Corporation, Robert H. Mason, Inc., a
and Highland Properties, Inc., a Minnesota Corporation,
"Declarant";
, 1991,
Steiner and Koppelman,
Minnesota Corporation,
hereinafter called
WIT N E SSE T H :
WHEREAS, Declarant is the owner of the following described real estate:
Lots 1 and 2, Block 1, Waterford 3rd Addition, Hennepin
County, Minnesota, according to the recorded plat
thereof,
all of which above-described land together constitutes and is hereinafter
referred to as the "Property"; and
WHEREAS, the Property is the subject of a proposed townhouse development,
and Declarant intends to improve the Property or portions thereof; and
WHEREAS, Declarant desires to subject the Property to this Declaration at
this time; and
WHEREAS, the real estate subjected hereby or which subsequently may be
subjected to this Declaration and the improvements constructed thereon and
Common Area will require uniform and continuing care and maintenance for the
benefit and enjoyment of persons residing in the townhouses; and
WHEREAS, Waterford Townhomes Association, Inc., a Minnesota nonprofit
corporation (hereinafter referred to as "Association"), has been formed as an
agency to receive the power to attend to and effectuate policies and programs that
will enhance the pleasure and value of the development, to hold title to, main-
tain and administer the Common Area, to preserve and enhance the Property, to
administer and enforce the covenants and restrictions, and to collect and disburse
the assessments and charges hereinafter created;
NOW, THEREFORE, Declarant declares that the Property described in Article II
hereof, is and shall be held, transferred, conveyed, sold, leased, occupied and
developed, subject to the covenants, conditions, restrictions, easements, charges
and liens hereinafter set forth, which are for the purpose of protecting the value,
desirability and attractiveness of the Property, and which shall run with the
Property and be binding upon all parties having any right, title or interest in
the Property, their heirs, successors and assigns, and which shall inure to the
benefit of each Owner thereof, and the heirs, successors and assigns of each Owner.
This Declaration hereby establishes a general plan for the individual ownership
of real property estates consisting of residential lots, and the ownership by
the Association of all of the Common Area as hereinafter defined. Every conveyance
of any of such lots or Common Area, or any part thereof, or any interest therein,
shall be and is subject to these easements, covenants, conditions and restrictions,
as follows:
Attachment 2
PROPOSED RESIDENTIAL COVENANTS
AND RESTRICTIONS
.
ARTICLE I
DEFINITIONS
.
Section 1. The following words when used in this Declaration, or any
supplemental declaration (unless the context shall prohibit) shall have the
following meanings:
A. II Owner " shall mean the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is a part of the Property,
including contract sellers, but excluding those having such interest merely as
security for the performance of an obligation.
B. "Property" shall mean and refer to that certain real property
described and defined in Article II hereinbelow and such additions thereto as
hereafter may be expressly brought within the jurisdiction of the Association.
C. "Association" shall mean Waterford Townhomes Association, Inc., a
Minnesota nonprofit corporation.
D. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Property, with the exception of Common Area.
E. "Member" shall mean any person or entity holding membership in the
Association as provided in Article III hereof.
F. "Declarant" shall mean TRIVESCO, a Minnesota Partnership, by its
Partners, Steiner and Koppelman, Inc., a Minnesota Corporation, Robert H. Mason,
Inc., a Minnesota Corporation, and Highland Properties, Inc., a Minnesota Corpor-
ation, its successors and assigns if such successors and assigns should acquire
more than one undeveloped Lot from the Declarant for the purpose of development.
G. "Mortgage" shall mean any mortgage or other security instrument by
which a Lot or any part thereof or any structure thereon is encumbered.
H. "Mortgagee" shall mean any person or entity named as the Mortgagee under
any such Mortgage or any successors or assigns to the interest of such person or
entity under such Mortgage.
1. "Living Unit" shall mean a residential housing unit consisting of a
group of rooms and hallways which are designed or intended for use as living
quarters for a family or other grouping of persons living together. For the
purpose of determining membership in the Association, each Living Unit as con-
structed on a Lot by Declarant shall be considered as a separate and individual
unit.
J. "FHA" shall mean Federal Housing Administration, United States
Department of Housing and Urban Development.
K. "VA" shall mean United States Department of Veterans Affairs.
L. "FHLMC" shall mean Federal Home Loan Mortgage Corporation.
M. "FNMA" shall mean Federal National Mortgage Association.
-2-
.
.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. The real property which is and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration is located in the City of
Shorewood, County of Hennepin, State of Minnesota, and is more particularly
described as follows:
Lots 1 and 2, Block 1, Waterford Townhomes, Hennepin County,
Minnesota, according to the recorded plat thereof,
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN ASSOCIATION
Section 1. Membership. Every Owner of a Lot subject to assessment, except
as herein provided to the contrary, shall be entitled and required to be a member
of the Association. If title to a Lot is held by more than one person, each of
such persons shall be a member. An Owner of more than one Lot shall be entitled
to one membership for each such Lot. Each such membership shall be appurtenant
to the Lot upon which it is based and shall transfer automatically by voluntary
or involuntary conveyance of the title of that Lot. No person or entity other
than an Owner or Declarant may be a member of the Association, and a membership
in the Association may not be transferred except in connection with the transfer
of title to that Lot. An Owner may, however, assign voting rights to a Mortgagee.
Section 2. Transfer. A membership in the Association shall not be trans-
ferred, pledged or alienated in any way, except upon the transfer of the record
title of a Lot and then only to such transferee by assignment, intestate succession,
testamentary disposition, foreclosure of mortgage of record, or other legal process.
It shall be the responsibility of each Owner, upon becoming entitled to membership,
so to notify the Associaiton in writing, and until so notified, the Association
may continue to carry the name of the former Owner as a member, in its sole
discretion. In the event the Owner of any Lot should fail or refuse to transfer
the membership registered in his name to the transferee of title of such Lot, the
Association shall have the right to record the transfer upon the books of the
Association and issue a new membership to the transferee, and thereupon the old
membership outstanding in the name of the transferor shall be null and void as
though the same had been surrendered.
Section 3. Voting. The Association shall have two classes of voting
membership:
A. Class A. Class A members shall be all Owners of Lots, with the exception
of the Declarant prior to termination of Class B membership, and shall be entitled
to one vote for each Lot owned. When more than one person holds title to any Lot,
all such persons shall be members. The vote for such Lot shall be exercised
as they among themselves determine, but in no event shall more than one vote be
case with respect to anyone Lot. There can be no split vote. Prior to or at
the time of any meeting at which a vote is to be taken, each co-Owner or other
person entitled to a vote at such meeting shall file with the Secretary of the
Association the name of the voting co-Owner or other person entitled to a vote at
such meetng, unless such co-Owner or other person has filed a general voting
authority with the Secretary applicable to all votes until rescinded.
-3-
.
.
B. Class B. The Class B member shall be the Declarant, who shall be
entitled to three votes for each Lot owned. The Class B. membership shall cease
and be converted to Class A membership on the happening of either of the following
events, whichever occurs first:
i) When the total votes outstanding in the Class A membership
equal the total votes outstanding in the Class B membership;
or
ii) The third anniversary of the recording of this Declaration.
Section 4. Suspension of Voting Rights. In the event any Owner shall be in
the payment of any amount due under any of the provisions of this Declaration for
a period of thirty (30) days, or shall be in default in the performance of any
of the terms of this Declaration for a period of thirty (30) days, such Owner's
right to vote as a member of the Association shall be suspended and shall remain
suspended until all payments are brought current and all defaults remedied.
ARTICLE IV
PROPERTY RIGHTS
Section 1. Permanent Easements.
All easements described in this Declaration are permanent easements
appurtenant, running with the land. They shall at all times inure to the benefit
of and be binding on the Owner and the Mortgagee, from time to time, of any Lots
and on the owner and mortgagee, if any, from time to time, of the Common Area,
and their respective heirs, successors, personal representatives or assigns.
Section 2. Right of Enjoyment. Every Owner shall have a non-exclusive
right and easement of enjoyment in and to the Common Area, which right and
easement shall include, but not be limited to, easements for ingress and egress
to his Lot for himself and his invitees, for lateral support, for utility, water and
sewer easements, vehicular parking, pedestrian ingress and egress, and use and en-
joyment of open spaces and all other parts of the Common Area. Such right and
easement shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
A. The right of the Association to pass reasonable rules, with respect
to the Common Area, for the health, comfort, safety and welfare of persons
using same;
B. The right of the Association to suspend the voting rights and right
of the use of recreational facilities (if any) situated upon the Common Area
(but not rights of access to Lots) by an Owner for any period during which any
assessment against his Lot remains unpaid, and for a period not to exceed sixty
(60) days for an infraction of its published rules and regulations;
C. The right of the Association to levy assessments as provided in this
Declaration;
D. The right of the Owner of each Lot to the exclusive use, for parking
and other purposes, of the driveway extending from his garage door to the curb
line of the internal common circulation roadway or driveway serving the Living
Units, subject to reasonable regulation by the Board of Directors.
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.
.
E. The right of the Owner of each Lot to an exclusive easement on the
Common Area for entrances to a Living Unit or to areas occupied by fireplaces,
roof overhangs, balconies, air conditioning compressors, flower boxes, patios,
and other appurtenances which are prt of the original construction of any Living
Unit, or which are added pursuant to the provisions of Article VI hereof;
F. The rights of the Association and D clarant reserved under Article
IV, Sections 4 and 5 hereinbelow.
Section 3. Delegation of Enjoyment. An Owner may delegate, in accordance
with the By-Laws of the Associaiton, his righ of enjoyment to the Common Area to
residents of his Lot, including the members 0 his family, his tenants, or contract
purchasers, and the invitees thereof (except hat the Board of Directors may
restrict or regulate use of recreational faci ities by non-residents).
Section 4. Association's Rights.
A. The Association shall have the righ to manage, build, reconstruct,
repair, maintain and improve (including by wa of example, but not limited to,
landscaping, providing sanitation service to nd providing snow removal for)
the Corranon Area.
B. The Association shall have the righ to mortgage all or any portion
of the Common Area for the purpose of securin a loan of money to be used for
any of the purposes specified in subsection 4.A. next hereinabove, provided that
the rights of such mortgagee in the Common Ar a shall be subordinate to the rights
of the Owners under this Declaration, and pro ided, further, that the mortgage
shall have received the prior written approva specified in Article XI hereinbelow.
C. The Association shall have the right to dedicate or transfer all of any
part of the Common Area to any governmental s bdivision or public agency or utility,
and to grant permits, licenses, and easements over the Common Area for utilities,
roads, and other purposes necessary or useful for the proper maintenance or operation
of the project, subject to any prior written pproval required by Article XI here-
inbelow.
D. The Property shall be subject to easements of record on the date hereof
and any easements in the Common Area which ma hereafter be granted by the Associ-
ation (subject to the approval referred to in the preceding paragraph) to any
public or private utilities or governmental bodies for the installation and main-
tenance of electrical, telephone, cable television and data conduit and lines,
gas pipes, sewers or water pipes, coaxial ca~le, or any other utility services
serving any Lots or the Common Area. Lots also shall be subject to unintentional
encroachments as described in Section 7 belo and to the other express easements
created in this Declaration. '
E. Anything apparently to the contrar notwithstanding, no abandonment,
partition, subdivision, encumbrance, sale or transfer of the Common Area or
other common property or any part thereof sh 11 be effective unless it shall have
received the prior written approval required by Article XI hereinbelow.
F. The Association shall have the acc ss rights set forth below in the
Article entitled IIGeneral Provisions.1I
Section 5. Declarant1s Rights. Declar nt shall have the same rights.as
any other Owner as to Lots owned by it from ime to time, except as otherw1se
specified herein. In addition, until the la t Lot is conveyed to an Owner other
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. .
than Declarant, Declarant shall have the right and easement over the Common Area
for the construction and completion of improvements and making repairs to improve-
ments (whether on the Common Area or upon Lots) and the right to maintain and use
facilities and signs upon the Common Area for the purpose of marketing units, and
to invite and escort the public thereon for such purpose. Without limiting
the generality of the foregoing, Declarant shall have the right (until the last
Lot is so conveyed) to construct, relocate, remove and alter improvements on the
Common Area, including paths, driveways, parking areas, utilities, lighting,
walls, fences, signs and landscaping, and to cut, fill, and reshape land contours.
Section 6. Non-Dedication to Public Uses. Nothing contained in this
Declaration shall be construed or be deemed to constitute a dedication, express
or implied, of any part of the Common Area to or for any public use or purpose
whatsoever.
Section 7. Easement for Unintentional Encroachment. Notwithstanding any
other provisions contained herein, in the event that any Living Unit or any
structure containing one or more Living Units or any improvements to any Living
Unit or any garage encroaches upon any part of the Common Area or another Lot,
or that any improvements to the Common Area encroach upon any Lot, as a result
of construction reconstruction, repair, shifting, settlement of movement of any
part of the Property, then a perpetual easement appurtenant to such encroaching
Lot or Common Area shall exist for the continuance of any such enroachment for
so long as the encroachment shall exist.
Section 8. Parking Rights. Each Lot contains parking areas (including garages)
for the use of its Owner. The Association may maintain additional parking spaces
on the Common Area for the use of Owners, guests and invitees, subject to reason-
able regulation by rule of the Association.
Section 9. Common Area Watering. As constructed by the Developer, certain
Lots contain, in addition to the water line serving such Lot, a separate water-
line, water meter and exterior sillcock which is intended for use by the Association
in watering and maintaining Common Area landscaping. The Association shall have
the right to maintain, repair, replace, and use such separate waterline, water
meter and sillcock, and shall have the right of reasonable access to the Lot for
such purposes but all costs of such maintenance, repair, replacement and use,
including repairs to improvements on the Lot made necessary by the exercise of
these rights, and including the utility charges for water used, shall be common
expenses.
Section 10. Lot to Lot Easements. Since each Living Unit and Garage forms
an integral part of a building including other Living Units and Garages, the
Owner of each Lot shall have a nonexclusive right and easement over adjoining
Lots for lateral support, support, and where necessary, access for maintenance
and upkeep of walls, fences and other improvements.
ARTICLE V
ASSESSMENTS
Section 1. Personal Obligation; Lien. Declarant, for each Lot owned by
it within the Property, hereby covenants, and each Owner of a Lot by acceptance
of a deed, or other conveyance therefore, whether or not is shall be so expressed
therein, shall be an is deemed to covenant and hereby agrees to pay to the Asso-
ciation: (a) annual assessments or charges, which shall be payable in regular
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. .
installments and shall include, but not be limited to, hazard and liability
insurance for common property, blanket hazard and liability insurance for Lots
(as determined by the Board of Directors), exterior maintenance of Living Units
and garages, trash removal, sewer and water charges, outside lighting, maintenance
of lawns and landscaping, snow removal and an adequate reserve fund for the
periodic maintenance, repair and replacement of those improvements and elements
of the common property that must be replaced on a periodic basis and which the
Association may be obligated to maintain and those portions of the exterior
of Living Units and garages which the Association is required to maintain, and
(b) special assessments, such assessments to be established and collected as
hereinafter provided. Any assessments authorized herein, together with interest,
costs and reasonable attorneys' fees, shall be a continuing lien from the first
day of January (for annual assessments) and from the date the first installment is
payable (for special assessments) against the Lot assessed. Such annual assess-
ments shall be due and payable in twelve equal monthly installments on the first
day of each and every month commencing on the first day of January of each year.
Each assessment, together with interest, costs and reasonable attorneys. fees, .
also shall be the personal obligation of the person who was the Owner of such
Lot on the date said assessment became due and payable. Said personal obligation
of an Owner shall not pass to his successors in title or interest unless expressly
assumed by them or unless, prior to such transfer, a statement of lien for such
assessments shall have been filed in writing with the County Recorder or Registrar
of Titles (as applicable) for Hennepin County, Minnesota. No Owner shall escape
liability for the assessments which fell due while he was the Owner by reason of
non-use of the Common Area or non-use, transfer or abandonment of his Lot.
Section 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare
of the Onwers and reisdents of the Property, and to construct, manage, improve,
maintain, repair and administer the Common Area and all pipes, wires, or other
conduits of matter or energy located upon the Common ARea, and for the exterior
maintenance of Living Units and garages. An adequate reserve fund shall be main-
tained for working capital and for the periodic maintenance, repair and replacement
of those improvements and elements of the common property that must be replaced
on a periodic basis and those portions of the exterior of Living Units and garages
which the Association is required to maintain. Such fund shall be maintained out
of the regular assessments.
Section 3. Annual Assessments. Until December 31, 1991, the maximum annual
monthly assessment shall be at a rate fixed by the Board of Directors, but not to
exceed the monthly rate of $105.00 per Lot. Thereafter, the Board of Directors
may fix said annual assessments to cover any and all expenses and projected
expenses.
A. From and after December 31, 1991, the maximum annual assessment
may be increased each year not more than 5% (or the rate of
increase in the Revised Consumer Price Index for Urban Wage
Earners and Clerical Workers for All Items for Minneapolis-St.Paul
e'CPIII) as published by the U.S. Department of Labor, if greater
than 5%).
B. From and after December 31, 1991, the maximum annual assessment may
be increased above 5% (or the rate of increase in the CPI, if greater
than 5%) by a vote of two-thirds (2/3) of each class of members who
are voting in person or by proxy, at a meeting called for this
purpose.
C. The Board of Directors may fix the annual assessment at an amount
not in excess of the maximum.
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.
.
Section 4. Special Assessments. In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole
or in part, the cost of any unforeseen or unbedgeted common expense, including
without limitation the unexpected construction, reconstruction, repair or
replacement of a capital improvement and including fixtures and personal
property related thereto, and the exterior maintenance of Living Units and garages,
provided that any such assessment shall have the assent of not less than two-
thirds (2/3) of the votes of each class of Members who are voting in person or
by proxy at a metting duly called for this purpose.
Section 5. Maintenance Assessments. In addition to annual and special
assessments, the Assocation may levy in any assessment year a maintenance assess-
ment, without a vote of the Owners, for the purpose of defraying in whoe or in
part the cost of maintenance, repair or replacement of any exterior part or .
appurtenance of any Living Unit or garage and any improvements on the Lot on which
any Living Unit is situated. The assessments provided for in this Section are'
intended to provide funding for (i) "staged" maintenance programs whereby the
Association implements the overall maintenance and repair of the Property in a
series of stages from year to year and (ii) maintenance required by a single or
limited number of Living Units. Maintenance assessments shall be levied in equal
shares against only the Living Unites) benefited. The assessment shall be a
personal obligation of the Owner and a lien against the Lot with the same priority
and enforceability as' any lien for annual or special assessments.
Section 6. Notice and Quorum. Written notice of any meeting called for the
purpose of taking any action authorized under Sections 3 or 4 of this Article
shall be sent to all Members not less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. . At the opening of such meeting, the presence
in person or by proxy of Members entitled to cast sixty percent (60%) of the votes
of each class of the membership shall constitute a quorum. If the required quorum
is not present, another meeting may be called subject to the same notice requirement,
and the required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
Section 7. Rate of Assessment. Both annual and special assessments must be
fixed at a uniform rate for all Lots except that, in consideration for the De-
clarant hereby assuming any deficit in the operating expenses of the Association
so long as Declarant controls the Board of Directors, Lots owned by the Declarant
for which no certificate of occupancy has been issued by the City of Shorewood
shall be exempt from assessments until the first day of the month following the
issuance of such certificate at which time such Lot shall be assessed the full
rate. The Declarant may unilaterally waive this exemption or institute a fuil
or reduced rate for Declarant-owned units prospectively by executing and recording
a written waiver to that effect.
Section 8. surcharaes. The Association in accordance with reasonable and
uniform standards may ad to the assessments for a particular Lot or Lots a
surcharge for maintenance or utility expenses benefitting that Lot or Lots but
less than all of the Lots.
Section 9. Commencement of Initial Annual Assessments. The annual assess-
ments provided for herein shall commence as to all Lots not later than one month
after the conveyance of the Common Area to the Association. The first annual
assessment shall be adjusted according to the number of months remaining in the
calendar year.
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. .
Section 10. Commencement of Annual Assessments. By November 30 of each
year the Board shall fix the amount of annual assessments against each Lot for
the following fiscal year and shall send written notice thereof to each Owner.
The due date for payment of annual assessments shall be set by the Board. At
the time the Board fixes the amount of annual assessments it shall adopt a budget
for the following fiscal year and cause a copy of such budget in reasonable detail
to be furnished to each Owner.
Section 11. Proof of pasrent. Upon written demand of an Owner or Mortgagee,
at any time and fora reasona e charge, the Association shall furnish a written
certificate signed by an officer of the Association setting forth whether there
are any then-unpaid annual or special assessments levied against such Owner's
or Mortgagee's Lot. Such certificate shall be conclusive evidence of payment of
any annual or special assessments not stated therein as unpaid.
Section 12. Nonpayment of Assessments. Any assessments which are not paid
when due shall be deemed delinquent. In the event of a default of more than thirty
(30) days in payment of any assessment or installment thereof, the Board of .
Directors may accelerate the remaining installments of the assessment due in
the current assessment year upon notice thereof to the Owner, and thereupon the
entire unpaid balance of the assessment with all accrued interest and penalites
shall become due and payable upon the date stated in the notice. If a monthly
assessment is not paid by the lOth of the month, the Board may assess a service
charge not to exceed $15.00. If an assessment is not paid within thirty (30)
days after the delinquency date, it shall bear interest from the delinquency
date at the rate of eight percent (8%) per annum and shall become a continuing
lien in favor of the Association on the Lot against which assessed and the
improvements thereon, and the Association (or any Owner acting in the name and for
the benefit of the Association) may bring an action at law of in equity against
the person personally obligated to pay the same, including interest, costs and
reasonable attorneys' fees for any such action, which shall be added to the amount
of such assessment and included in any judgment rendered in such action, and the
Association may also enforce and foreclose any lien it has or which may exist for
its benefit. There shall be no right of set-off against the Association based
upon a failure to provide services or for money owed by the Association to the
Owners.
Section 13. Recording and Enforcment of Liens. To evidence a lien for sums
assessed pursuant to this Article, the Association may prepare a written notice of
lien setting forth the amount of the assessment, the date due, the amount remaining
unpaid, the name of the Owner of the Lot, the name of the person personally
obligated to pay the same, and a description of the Lot. Such a notice shall be
signed by an officer of the Association, and it or a notice of lien or adverse
claim thereof may be recorded in the office of the County Recorder or Registrar
of Titles (as applicable) for Hennepin County, Minnesota. No notice of lien shall
be recorded unti there is a delinquency in payment of the assessment for thirty
(30) days. Upon such a delinquency for thirty (30) days, the Association shall
proceed promptly to enforce the lien or, in its discretion, to sue the person
personally liable fo pay the lien for the delinquency. Such lien shall be enforced
by action (or by power of sale, which is hereby deemed granted by each Owner,
at the option of foreclosing party) in the same manner in which mortgages on real
property may be foreclosed in Minnesota. In any such foreclosure, the person
personally obligated to pay the lien shall be required to pay all costs of
foreclosure including interest, costs, the reasonable attorneys' fees. All such
interest, costs, and expenses shall be secured by the lien being foreclosed. The
person personally obligated to pay the lien also shall be required to pay to the
Association any assessments against the Lot which shall become due during the
period of foreclosure. The Association shall have the right and power to bid
at the foreclosure sale or other legal sale and to acquire, hold, convey, lease,
rent, encumber, use and otherwise deal with the foreclosed interest in the Lot as
the Owner thereof. -9-
The Association shall.-&on written request report to a~encumbrancer of a
Lot any assessments remai~ unpaid for longer than thirt~O) days after the
same shall have become due, provided, however, that such encumbrancer first shall
have furnished to the Association written notice of such encumbrance.
Section 14. Subordination of Lien. The lien of the assessments provided
for herein shall be subordinate to the lien of any first mortgage and to tax liens
and liens for special assessments in favor of any taxing and assessing unit of
government. Sale or transfer of any Lot shall not effect the assessmen~ lien.
However, the sale or transfer of any Lot pursuant to mortgage foreclosure or remedies
provided in the mortgage, or any proceeding in lieu thereof, shall extinguish
the lien of such assessments as to charges which accrued prior to acquisition of
title pursuant to such sale or transfer. No such sale or transfer shall relieve
a Lot from liability for any assessments thereafter becoming due or from the lien
thereof or shall relieve the person personally obligated to pay the lien of personal
liability for assessments due prior to such sale or transfer or acquisition of
premises. Any delinquent assessments the lien for which is extinguished by reason
of this provision may be reallocated and assessed to all Lots as a common expense.
ARTICLE VI
ARCHITECTURAL CONTROLS
Section 1. Architectural Control Committee Authority. No residential or
other building, and no fence, wall, garage, outbuilding or other structure, nor any
wire, pipe, cesspool, septic tank, well, path, walkway, tree, hedge, driveway, aerial,
antenna, or exterior ornnament of any kind, nor any addition, removal, alteration,
or remodeling thereof, including change of color, repainting or redecorating of
the exterior, shall be made, erected, altered, placed or permitted to remain on
any portion of the Property unless and until detailed plans and specifications
and proposals, including plans which show the external design, the colors and color
scheme, the decoration, the construction, and the materials to be used in con-
struction, the dimensions, and the location and approximate cost of the same
shall have been submitted to and approved in writing by an Architectural Control
Committee (hereinafter described) as to harmony of the external design and location
in relation to surrounding building in the subdivision and as to general appearance
and quality. In the event said Committee fails to approve or disapprove such design
and location within fifteen (15) days after said plans and specification have been
submitted to it (in such reasonable detail as the Committee may require), or if
no suit to enjoin the making of such construction, removal, additions, alterations,
or changes has been commenced within thirty (30) days of such submission, such
approval will be deemed to have been given. If no such submission has been made
to the Architectural Control Committee or its representatives, suit to enjoin or
remove such additions, alterations or changes may be instituted at any time by the
Association or any Owner. The Board of Directors, on request, will issue a
certificate as to the state of compliance or noncompliance of a particular Lot,
and any such certificate will be binding as to third parties. Any deviation from
said plans and specifications as approved which in the judgment of the- said Committee
is a substantial change or a detriment to the appearance of the structure or of
the surrounding area shall be corrected to conform to the plans and specifications
as submitted. Every structure must be erected and completed within eighteen months
of approval, or new approval obtained. If any structure is begun, and is not
completed within eighteen months after the commencement of construction, and in
the judgment of the Architectural Control Committee is by reason of its incomplete
state of offensive or unsightly appearance, the Committee, at its discretion after
ten days written notice to the Owner of the Lot, may take such steps as may be nec-
essary, in its judgment, to improve the appearance so as to make the property
harmonious with neighboring properties, including entering upon the Lot, completion
of the exterior of the structure, screening or covering of the structure, or any
combination thereof or similar operation, and the amount of any expenditure made
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in so doing shall be a li~n the Lot enforceable in like~ner as assessment
hereunder. Nothing herein contained shall be deemed to prohibit Declarant from
making changes to the plans, specifications, and appearance of buildings constructed
from time to time on vacant Lots, but all buildinqs shall be consistent in terms of
quality and harmonious in general appearance with-previously constructed buildings.
During the period the Association has a Class B member, the decisions. of the
Architectural Control Committee must have the written approval of the Declarant.
The Architectural Control Committee shall be the Board of Directors of the
Association, or a committee of three or more persons so designated by the Board.
Section 2. Restoration in Accordance with Original Plans. Any restoration
or repair of the Common ARea or exterior of Living Units and garages, after a partial
condemnation or damage due to an insurable hazard, shall be performed substantially
in accordance with the Declaration and the original plans and specifications,
unless other action is approved by the Architectural Control Committee and by
Mortgagees holding mortgages on Lots which have at least 51 percent of the votes
of Lots subject to mortgages.
ARTICLE VI I
OTHER RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
Section 1. The Common Area and Exteriors. The Association, subject to the
rights of the Owners as set forth in this Declaration, shall be responsible for,
and be vested with, the exclusive management and control of the Common ARea and all
improvements thereon (including furnishings and equipment related thereto),
and shall keep the same in good, clean, attractive and sanitary condition, order
and repair. Such responsibility shall include, but not be limited to, the following:
the maintenance and repair of the Common Area improvements, such as the recreational
facilities, if any, driveways, parking areas, walkways, exterior ornamental lights,
and all other improvements or material located within or used in connection with
the Common Area. The Association shall snowplow the driveways, parking areas and
walkways on the Common Area. In order to preserve the uniform and high standard
of appearance of the Property, the Association also shall be responsible for the
maintenance and repair of the exterior of all Living Units and garages located on
Lots, which responsibility shall include, but not be limited to, the following:
the maintenance and repair of exterior surfaces of all buildings on the Property,
including, without limitation, the painting of same as often as necessary, the
replacement of trim and caulking, the maintenance and repair of roofs, gutters,
downspouts and overhangs, the maintenance and repair of exterior windows and doors,
and necessary painting, staining and repair of patio structures on a Lot as
originally built but not (at Association's option) of additions thereto made by
an Owner. The painting and decorating of the exterior surface of exterior doors
and exterior window sashes shall be the responsibility of the Association. The
Association shall not be responsible for washing windows. All maintenance and
repair of the individual Living Units and garages shall be the sole obligation and
expense of the individual Owner, except to the extent the exterior matntenance
and repair is provided by the Association. In the event that the need for
maintenance or repair is caused through the willful or negligent act of an Owner,
his family, guests, tenants or invitees, the cost of such maintenance or repair
shall be added to and become a part of the assessment to which such Lot is subject.
Section 2. Lawn and Planting Maintenance; Patios. The Association shall mow,
trim, water, rake and otherw.i.se maintain, all to the extent the Board deems necessary
or desirable, all lawns and exterior plantings (including both Common Area an~
Lots) except that the Association may elect not to maintain gardens and plantlngs
established by individual Owners, but to the extent the Association undertakes
to do so, it will not be responsible for any damage to such gardens and plantings
due to overwatering, underwatering or improper watering. The Board of Dire~tors
may, in accordance with uniform standards adopted from time to time and subJect to
-11-
amendment and revocation, ~mit an Owner to maintain annu~nd perennial
flowers and plantings within a specified portion of the Common Area adjacent
to his Lot. All plantings, whether upon a Lot or Common Area shall be subject
in each instance to the Board of Directors' right to disapprove plantings and
locations which would be disharmonious.
Section 3. Services. The Association may obtain and pay for the services
of any persons or entities, to manage its affairs, or any part thereof, to the
extent it deems advisable, as well as such other personnel as the Association
shall determine to be necessary or desirable for the proper operation of the Pro-
perty, whether such personnel are furnished or employed directly by the Association
or by any person or entity with whom or which it contracts. The Association may
obtain and pay for legal and accounting services necessary or desirable in connection
with the operation of the Property or the enforecement of this Declaration. The
Association may arrange with others to furnish trash collection and other common
services to each Lot. Any agreement for professional management of the Property,
or any other contract providing for services by Declarant or an entity owned or
controlled by the same persons as Declarant, must provide for termination by either
party without payment of a termination fee on ninety (90) days' or less written
notice without cause and by either party upon thirty (30) days' or less written
notice for cause, and shall have a maximum contract term of three years, but may
be renewable by agreement of the parties for successive terms.
Section 4. Personal Property for Common Use. The Association may acquire and
hold for the use and benefit of all of the Owners tangible and intangible personal
property and may dispose of the same by sale or otherwise. Such beneficial
interest shall not be transferable except with the transfer of title to a Lot,
provided that an Owner may delegate his right of enjoyment of such personal
property to residents of his Lot. A transfer of title to a Lot shall transfer
to the transferee ownership of the transferor's beneficial interest in such property
in accordance with the purpose for which it is intended, without hindering or
encroaching upon the lawful rights of other Owners. The transfer of title to a
Lot under foreclosure shall entitle the purchaser to the beneficial interest in
such personal property associated with the foreclosed Lot.
Section 5. Utilities. The Association shall maintain, replace and repair
sewer and water lines on Lots from the dedicated public street to the foundation
of each Living Unit. The Association may pay as a common expense all charges for
water, sewer and other utilities used upon the Common Area.
ARTICLE VI I I
OWNERS' MAINTENANCE
Section 1. Upkeep and Maintenance. Each Owner shall be responsible for the
upkeep and maintenance of his Living Unit, garage, patio and all other areas,
features or parts of his Lot to the extent not otherwise maintained by the
Association, and each Owner shall maintain the same free of hazardous substances,
vermin, cockroaches, pests and debris which may pose a threat to the health or
safety of occupants of other Lots. Every Owner must perform promptly all cleaning,
maintenance and repair work within his Lot, which, if omitted, would affect the
Common Area or another Lot or Lots, being expressly responsible for the damages
and liabilities that his failure to do so may engener. Without limiting the
generality of the foregoing, the Association may require an Owner to remove
offending items, or to use a professional exterminator, and upon failure of the
Owner to do so, Association after reasonable notice may enter the Lot with a
professional exterminator or other appropriate contractor and take corrective
action, charging the Owner of such Lot for the reasonable cost thereof. An
Owner shall do no act nor any work that will impair the structural soundness or
-12-
integrity of a mUlti-famil!tructure or an adjoining LiviWUnit or. garage,
or impair any easement or editament, nor do any act nor ow any condition
to exist which will adverse y affect the other Living Units, garages or their
Owners.
Section 2. Heating of Living Units. For the purpose of preventing damage to
and breakage of water, sewer and other utility lines and pipes in a Living Unit
which might result in damage to that or other Living Units. all Owners shall main-
tain the temperature in their Living Units, at all times, at least at 55 degrees
Fahrenheit (or such other reasonable temperature or standard as the Board of
Directors may from time to time specify by written rule), subject, however, to the
inability to maintain such temperature due to causes byond the Owner's reasonable
control. Any damage resulting from the refusal or feailure of an Owner so to
maintain such minimum termperature may be repaired by the Association and (unless
due to caused byond the Owner's reasonable control) the cost thereof assessed
against the Lot of the refusing or failing Owner. However, if the failure to
maintain such minimum temperature is due to causes beyond the Owner's reasonable
control, the cost of such repair shall be a common expense. The Association may
by rule require Living Units which are unoccupied for substantial periods of time
during winter to use alarms which will detect abnormally low temperatures. .
ARTICLE IX
PARTY WALLS
Section 1. General Rules of Law to A~ply. Each wall which is built as a
part of the original construction of the L1ving Units upon the Property and placed
on the dividing line between the Lots shall constitute a party wall, and to the
extent not inconsistent with the provisions of this Article, the general rules
of law regarding party walls and liability for property damage due to negligence
or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who made use of the wall
in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed
or damaged by fire or other casualty, an Owner who has used the wall may restore
it to its original condition, and if the other Owners thereafter make use of the
wall, they shall contribute to the cost of the restoration thereof in proportion
to such use without prejudice to the right of any such Owners to call for a larger
contribution from the others under any rule or law regarding liability for negligent
or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this
Article, an Owner who by his negligent or willful act caused the party wall to be
exposed to the elements shall bear the whole cost of furnishing the necessary
protection against such elements.
Section 5. Right to Contribution Runs With Land. The right of any Owner to
contribution from any other Owner under this Article shall be appurtenant to the
land and shall pass to such Owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising under the
provisions of this Article, each party shall choose one arbitrator, and such
arbitrators shall choose one additional arbitrator, and the decision shall be by
a majority of all the arbitrators, intending hereby to invoke and apply the
provisions of Minnesota Statutes Section 572.08 to 572.30. The arbitration hearing
shall be held within Hennepin County, Minnesota, and the initial application under
the statute shall be to the District Court for the Fourth Judicial District in and
for Hennepin County, Minnesota.
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ARTICLE X
GENERAL RESTRICTIONS, OBLIGATIONS AND RIGHTS OF OWNERS
Section 1. Livin Unit and Lot Restrictions. No more than one Living Unit
shall be erected or ma ntaine on eac ot, an no Lot as originally platted shall
be further subdivided or partitioned. No Living Unit shall be used for purposes
other than as a single residential unit, nor shall any trade or business of any
kind be carried on within a Living Unit or upon a Lot, nor shall any Lot or any
part thereof be leased, sublet, assigned or suffered to be used for hotel or
transient occupancy, provided that none of the following activities shall be
considered a violation of this covenant:
"'.
A. The maintenance of a business and sales office and model
units by Declarant on Lots or Common Area or both during
the construction and sales periods.
B. The maintenance of an office by the Association or its
designated manager for purposes of management of the
Property.
C. Lease or rental of a Livina Unit for purposes consistent
with this Section. W
D. The use of a Lot by an Owner for home office or studio uses
which are incidental to the principal residential use of the
unit, which do not invite or generate regular or frequent
visits by clients, customers, employees, co-workers or the
public, and which do not alter the residential character
of the Property.
Section 2. Common Area Restrictions. No industry, business, trade, occupation
or profession of any kind shall be conducted, maintained or permitted on any part
of the Common Area, nor shall any "for sale" or "for rent" signs or any window
display advertising be maintained or permitted on any part thereof, except that
Declarant reserves the right for itself or its agents ot maintain a business and
sales office during the construction and sales period until the last Lot is 'sold,
and to place "for sale", "for rent", or any other signs on any part of the Common
Area and to use any part of the Common Area for sale or display purposes during
such period. No Living Unit or garage shall be constructed on the Common Area.
Section 3. Obstructions. There shall be no obstruction of the Common Area,
nor shall anything except construction materials and equipment be kept or stored
on any part of the Common Area during the construction period without the prior
written consent of the Association or except as specifically provided herein.
Nothing shall be altered on, constructed in, or removed from the Common Area
except upon the prior written consent of the Association.
Section 4. Prohibition of Damage and Certain Activities. Nothing shall be
done or kept on any Lot or in the Common Area or any part thereof which would
increase the rate of insurance on the Property or any part thereof over what the
Association, but for such activity, would pay, without the prior written consent
of the Association. Nothing shall be done or kep on any Lot or in the Common.
Area or any part thereof which would be in violation of any statue, rule, ord1nance,
regulation, permit or other validly imposed, requirement of any governmental body.
No damage to, or waste of, the Common Area or any part thereof or of the exterior
of the Property and buildings shall be committed by any Owner or any invitee of
-14-
of any Owner, and each ow.sha11 indemnify and hold the ~ciation and the
other Owners harmless aga all loss resulting from any ~ damage or waste
caused to the Association or other Owenrs by him or his invitees. No noxious,
destructive or offensive activity shall be allowed on any Lots or in the Common
Area or any part thereof, nor shall anything be done thereon which may be or may
become a nuisance to any other Owner or to any other person at any time lawfully
residing on the Property. No heating devices, refrigeration equipment, or other
machinery which causes vibrations detectable from outside the Lot, is fuel-fired,
or is otherwise inherently dangerous, noxious, or noisy, shall be installed or
operated within any lot.
Section 5. Fences, Walls and Patios. No Owner shall relocate, heighten,
lower or otherwise move or change any fence, wall or patio upon the Property
except as provided in Article VI hereinabove.
Section 6. No Unsight1~ Uses. No clothes, sheets, blankets, laundry of any
kind, or other articles sha1 be hung out on any portion of the Common Area, or
on a Lot so as to be visible from outside the Lot. The Common Area and all parts
of a Lot visible from outside the Lot, shall be kept free and clear of all rubbish,
debris, and other unsightly materials. .
Section 7. Awnings. No awnings or shades shall be erected over and outside
of the windows, nor shall any articles or structures be hung or placed on any
outside window sills without the prior written consent of the Association.
Section 8. Animals. No pets shall be permitted to be kept on the property
by any Owner or occupant except conventional domesticated animals. No kennel,
dog house or outside run shall be constructed or maintained on the Property.
No pet shall be kept for any commercial purpose nor shall pets be bred for a
commercial purpose upon the Property. Any cat or dog, whenever outside of a
Living Unit, must be kep under the direct control of the pet owner or another
person able to control the pet. The person in charge of the pet must clean up
after it. The Board may adopt more specific rules and penalties not inconsistent
with the foregoing, and may make all or specified portions of the Common Area
off limits to pets. Upon the petition of 75% of the Owners of Lots located
within 75 feet of the Lot in which resides a specified pet, the Board may order
the removal of a particular dog for constant and uncontrolled barking, or of any
particular animal for repeated instances of wandering unleashed or other repeated
behavior reasonably offensive to others, provided that the Owner of the Lot
harboring the animal shall first have 30 days' written notice in which to correct
the offensive behavior.
Section 9. Prohibited Structures. No structure of a temporary character,
trailer, boat, camper-bus, basement, tent, or shack shall be maintained on any
Lot nor shall any garage or other bui1idng, except a permanent residence, be used
at any time as a residence or sleeping quarters, either temporarily or permanently.
Exterior basketball hoops may only be maintained with the prior written approval
of the Board, and may be prohibited by the Board in its discretion.
The Association may maintain on the Common Area a storage shed to be used by
the Association for the storage of lawn maintenance equipment and other common
property.
The Association may license the erection of temporary party tents for
weddings, parties and the like.
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Section 10. Storage..utside storage of any items (car than patio-type
furniture and not more than one cooking grill per Lot), i~ding but without
limiting the generality of the foregoing, sporting equipment, toys, yard and
garden tools and equipment, and trash and garbage containers, shall not be allowed
unless effectively screened from view from outside the Lot by enclosures. The design
of such screened enclosure must be approved by the Architectural Control Committee
in accordance with the architectural control provisions hereof. The storage or
collection of rubbish of any character whatsoever, any material that emits foul or
obnoxious odors, the growing of any noxious weed or other natural substance, and
the harboring of the source of any noise or activity which disturbs the peace,
comfort or serenity of residents is prohibited. Usual household trash and garbage
shall be regularly collected and may be kept outside only if in sanitary containers
which are so screened. Notwithstanding the foregoing, no boats, snowmobiles,
trailers, camping vehicles, buses, camper tops, "all-terrain vehicles", tractor/
trailers, trucks in excess of 9,000 pounds gross weight, or unlicensed or inoperable
vehicles shall at any time be stored or parked on any Lot outside of a house or
garage or on any part of the Common Area without the express written approval of
the Board of Directors, which may be withheld, without stated reason. No stores
of coal or any combustible, flammable, hazardous or offensive goods, provisions or
materials shall be kep on any part of the Property except for reasonable quantities
and kinds of usual household materials and reasonable quantities of fireplace wood.
Section 11. Signs. No sign of any kind shall be displayed to the public
view on any Lot, except:
1. Designations, in such styles and materials as the Board shall
by regulation approve, of street addresses and names of
occupants;
2. A "For Sale" sign may be displayed provided that it is in such
styles and materials as the Board shall be regulation approve;
and
3. Declarant shall be permitted to erect and maintain upon the Property
such signs as it deems necessary to advertise the development
during the construction and sale periods.
Without limiting the tenerality of the foregling, the Board of Directors may by
resolution prohibit the distinctive and particular IIFor Sale" signs used by
real estate brokers and agents.
Section 12. Antennae. Except with prior written approval of the
Architectural Control Committee, no exterior television, radio, satellite,
or microwave antenna of any sort shall be erected or maintained upon any Lot.
The Architectural Control Committee may choose to prohibit all such antennae, or to
prohibit only certain kinds and locations of antennae, and to change its regulations
from time to time, all in its discretion. Without limiting the generality of the
foregoing, it shall not be deemed arbitrary or an abuse of such discretion if the
Committee were to:
(b)
permit existing antennae to continue to be maintained, while at
the same time banning new antennae of the same type or location;
prohibit antennae to be placed so as to be visible from the street
side of a Lot, but permit the same antennae if not so visible; or
place height or size restrictions on antennae.
(a)
(c)
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Section 13. Rentals. Any lease between an Owner and a lessee shall provide
that the terms of the lease shall be subject in all respects to the provisions of
this Declaration, the Articles of Incorporation and the By-Laws, and that any
failure by the lessee to comply with the terms of such documents shall be a
default under the lease. A lease must be for an entire Living Unit, not a portion
thereof. All leases shall be in writing. No lease may be for a period of less
than 30 days. Other than the foregoing, there shall be no restrictions on the
right of any Owner to lease his Living Unit.
Section 14. Rules and Regulations. The Board from time to time shall adopt
such other rules and regulations governing the use and enjoyment of the Common
Area as the Board in its sole discretion deems appropriate or necessary.
ARTICLE XI
RIGHTS FOR THE PROTECTION OF FIRST MORTGAGEES
Section 1. Precedence. The provisions of this Article take precedence
over any other conflicting provisions of this Declaration.
Section 2. Notice of Action. Any Mortgagee and any insurer or guarantor of
a first Mortgage on a Lot or Living Unit who has advised the Association in writing
of its name and address and the address of the Lot or Living Unit covered by such
Mortgage, and in said writing has requested the Association to notify it of any
of the following, will be entitled to timely written notice of:
(a) Any condemnation loss or any casualty loss which affects
a material portion of the project or any Lot or Living Unit
on which there is a first mortgage held, insured, or guaranteed
by such mortgage holder or insurer or guarantor, as applicable;
(b) Any delinquency in the payment of assessments or charges owed,
or any other default in the performance of any obligation under
the Declaration, By-Laws, or Articles of Incorporation by an
Owner of a Lot or Living Unit subject to a first mortgage held,
insured, or guaranteed by such holder or insurer or guarantor,
which remains uncured for a period of 60 days;
(c) Any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association;
(d) Any proposed action which would require the consent of a specified
percentage of mortgage holders as specified in the Article
entitled "General Provisions".
Section 3. Liability for Unpaid Assessments. Any first mortgagee who obtains
title to or comes into possession of a Lot pursuant to the remedies provided in the
mortgage or by foreclosure of the mortgage or by deed or assignment in lieu of
foreclosure, and any purchaser at a foreclosure sale shall not be liable for the
unpaid assessments of the Lot which accrue prior to the acquisition of title or
possession to such Lot by the mortgagee.
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Section 4. Examination of Books and Records. First mortgagees and holders,
insurers and guarantors of first mortgages shall have the right to examine the
books and records of the Association, as set forth more fully in the By-Laws.
Section 5. Payment of Taxes and Insurance. First mortgagees may, jointly
or singly, pay taxes or other charges which are in default and which have or may
become a charge against any common property, and may pay overdue premiums on
hazard insurance policies or secure new hazard insurance coverage on the lapse
of apolich for the common property, and first mortgagees making such payments shall
be owed immediate reimbursement therefor from the Association. The Association is
authorized to enter into an agreement in favor of all first mortages of Living
Units establishing entitlement to such reimbursement.
Section 6. Distribution of Insurance Proceeds and Condemnation Awards. No
provision of the Declaration or By-Laws shall be construed as giving to the Owner
or to any other party priority over any rights of first mortgagees of Lots pursuant
to their mortgages in the case of a distribution to Owners of insurance proceeds.or
condemnation awards for losses to or a taking of common property.
Section 7. Desi~nation of Representative. Any holder of a first mortgage
on a Lot or Living Un,t may designate a representative to attend meetings of
members.
ARTICLE XI I
INSURANCE
Section 1. Maintenance of Insurance. Commencing not later than the time of
the first conveyance of a Lot to an Owner other than Declarant, the Association
shall maintain, to the extent reasonably available, the following insurance:
(a) Master or blanket type policy of fire insurance with extended
coverage endorsement (including, to the extent reasonably
available, vandalism, sprinkler leakage, debirs removal,
malicious mischief, or windstorm and water damage) insuring
the Common Area and covering the interest of the Association
for full insurable replacement cost, as determined annually
by the Board of Directors. Proceeds of such hazard insurance
shall be used solely for the repair, replacement, or recon-
struction of such insurable common property. Said policy shall
afford, as a minimum, protection against the following:
(i) loss or damage by fire and other perils normally
covered by the standard extended coverage endoresment;
(ii) all other periods which are customarily covered with
respect to projects similar in construction, location
and use, including all perils normally covered by the
standard lIall riskll endorsement, where such is avail-
able. The name of the insured under such policies
must be set forth therein substantially as follows:
IIWaterford Townhomes Association, Inc. for the
use and benefit of the individual owners.1I
The policies also may be issued in the name of an authorized
representative of the Association, including any Insurance
Trustee with whom the Association has entered into an
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Insurance Trust Agreement, or any successor to such
trustee, for the use and benefit of the individual Owners.
Loss payable shall be in favor of the Association (or
Insurance Trustee), as a trustee for each Owner and each such
Owner's mortgagee. Each Owner and each such Owner's
mortgagee, if any, shall be beneficiaries of the policy with
respect to the Common Area equally with each other Lot.
Evidence of insurance shall be issued to each Owner and mortgagee
upon request. Policies must provide for the recognition of any
Insurance Trust Agreement. The policies shall also provide
that the right of subrogation against Owners will be waived.
that the insurance will not be prejudiced by any acts or
omissions of individual Owners that are not under the control
of the Association or the Owerns collectively and that the
policy will be primary, even if an Owner has other insurance
that covers the same loss.
If reasonably available, such policies shall include:
(i) Agreed Amount Endorsement (or like endorsement);
(ii) Inflation Guard Endorsement;
(iii) Construction Code Endorsements (such as a Demolition Cost
Endorsement, a Contingent Liability from Operation of
Building Laws Endorsement, and an Increased Cost of Con-
struction Endorsement) if the project is subject to a
construction code provision which would become operative
and require changes to undamaged portions of the improvements,
thereby imposing significant costs in the event of partial
destruction of the project by an insured peril; and
(iv) Steam Boiler Coverage (if applicable) for loss or damage
resulting from steam boiler equipment accidents in an
amount not less than $50,000 per accident per location.
(b) Workers' Compensation insurance (if the Association has eligible employees);
(c) Comprehensive public liability insurance in such amounts and with such coverage
as the Board of Directors shall from time to time determine, but at lease:
(i) covering events occurring anywhere on the Common Area
(and public ways and commercial spaces, if any, and
any other areas that are under its supervision) or
arising out of or in connection with the use, ownership
or maintenance of the Common Area;
(ii) covering, without limitation, legal liability of the insureds
for property damage, bodily injuries and deaths of persons
in connection with the operation, maintenance or use of the
Common Area, and legal liability arising out of lawsuits
related to employment contracts of the Association, and
such other coverages as are customarily covered with respect
to projects similar in construction, location, and use;
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(iii) insuring each officer and member of the Board of Directors,
the managing agent and each Owner and with cross liability
endorsement to cover liabilities of the Owners as a group
to an Owner and with a "severability of INterest Endorse-
mentll which would preclude the insurer from denying the
claim of an Owner for the negligent act of another Owner,
occupant or the Association; and
(iv) in amounts generally required by private institutional mortgage
investors for projects similar in construction, location and
use. (However, such coverage shall be for at least $1,000,000
for bodily injury, including deaths of persons and property
damage arising out of a single occurrence.)
(d) Such other insurance as the Board of Directors may determine.
(e) All such policies must provide that they may not be cancelled or substantially
modified by any party without at least 10 days prior written notice to the
Association and to each holder of a first mortgage which is listed as a
scheduled holder of a first mortgage in the insurance policy.
Section 2. Owners' Individual Policies. Each Owner should carry insurance
for his own benefit insuring his personal liability and his carpeting, wallcovering,
fixtures, furniture, furnishings, and other personal property, and fixtures and
other property supplied or installed by him or a previous Owner or tenant, provided
that all such policies shall contain waivers of subrogation and further provided
that the liability of the carriers issuing insurance obtained by the Association shall
not be affected or dimished by reason of any such additional insurance carried by
any Owner.
Section 3. Covenant to Insure. Since each Living Unit forms an integral part
of a building including several other Living Units, and failure to repair or rebuilt
a damaged Living Unit would therefore seriously affect the appearance, structural
integrity and value of an adjoining Living Unit and the appeanance of the project
as a whole, each Owner covenants to keep in full force and effect at all times
fire and standard extended coverage insurance in an amount not less than 100% of
the insurable value (based on current replacement cost) of his Living Unit and
associated garage as originally constructed, and to use the proceeds thereof solely
for the repair, replacement or reconstruction of such Living Unit and associated
garage, and to deliver proof of such insurance to the Associaiton upon demand.
Each such policy shall name the Association (or its Insurance Trustee) as an
additional insured and shall provide for 30 days notice to the Association before
cancellation shall be effective and shall waive subrogation agasinst other Owners.
No government agency as an Owner shall be required to carry said insurance. The
Association may, by resolution of the Board of Directors, elect to obtain and
continue in effect, on behalf of all Owners, a blanket insurance policy for all
Living Units conforming to the foregling requirements and the premiums therefor
may be assessed against each Lot equally, pro rata by value or size or by any other
reasonable allocation, as part of the regular annual assessment. Such coverage shall
be written in the name of, and the proceeds shall be payable to, the Association
as trustee for the Owners of some other insurance Trustee.
Section 4. Additional Coverages. In addition and supplement to the foregoing
powers, and not, in limitation thereof, the Board of Directors shall have the
authority at all times without action by the Owners to require the policies mandated
by this Article to include, or directly to obtain and maintain in force all Common
or Association coverages and endorsements required by either Federal National
Mortgage Association or Federal Home Loan Mortgage Corporation for the acceptance of
of mortgages on Living Units, garages or Lots, as such requirements are amended from
time to time. -20-
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.
Section 5. Covenant to Rebuild. Each Owner, by acceptance of a deed to his Lot,
hereby appoints the Association, or any Insurance Trustee or substitute Insurance
Trustee designated by the Association, as attorney-in-fact for the purpose of the
collection and appropriate disposition of the proceeds of casualty insurance on
individual Lots and Living Units, the negotiation of losses and execution of releases
of liability, the execution of all documents, and the performance of all other acts
necessary to accomplish such purpose. The Association or any Insurance Trustee is
hereby required to receive, hold, or otherwise properly dispose of any proceeds of
such insurance in trust for Owners and their first mortgage holders, as their
interests may appear, and to apply and administer the same as follows:
(a) All insurance proceeds paid to the Association or Insurance Trustee
(hereinafter sometimes referred to merely as "Trustee") shall be
deposited in escrow with a title insurance company of other
depository acceptable to the Trustees and mortgagees of record.
(b) The Owner of the Living Unit or garage with respect to which the
insured loss occurred shall, within thirty (30) days after insurance
proceeds are deposited in accordance with paragraph (a) above,
enter into a firm lump sum contract with a qualified builder
providing for the rec-nstruction or remodeling of the Living
Unit or garage, to substantially the same condition as existed
immediately prior to the insured loss; provided, however, that
no contract shall be entered into by the Owner for an amount in
excess of the insurance proceeds then held by the Trustee for said
Living Unit or garage, until additional funds are deposited by the
Owner sufficient to cover all construction and restoration
costs as determined by the Turstee and mortgagee. Said reconstruction
or remodeling shall be commenced and completed with due diligence,
and in no event shall said work be completed later than 180 days
(weather permitting) after said insurance proceeds are deposited
in escrow as aforesaid. The Association and mortgagees of record of
the Living Units or garages affected and the Lots underlying the same
shall have the right, but not the obligation, to deposit such
additional funds in excess of insurance proceeds as may be required
to permit construction as herein provided, and any such advances shall
be a lien upon the Lot or Lots, subordinated, however, to the interest
of mortgagees of record.
(c) In the event the Owner fails to enter into a contract as provided in
subparagraph (b) above, or in the event that reconstruction or remodeling
is not commenced or completed as provided above, then the Trustee or the
mortgagee of record, with the consent of the Trustee, shall have the
right, but not the obligations, to enter into those contracts which is
deems necessary to complete said reconstruction or remodeling of the
complete said reconstruction or remode1ingof the Living Unit or garage,
and the Trustee or mortgagee shall have the right to have said insurance
proceeds applied in satisfaction of any obligation incurred pursuant to
said contracts, without liability of any kind to the Owner, including,
but not limited to, interest on said insurance proceeds. The Trustee
may employ any bonded party or parties as its agents in exercising those
functions given to it in this Section. The Trustee shall be empowered
to pay said agent a reasonable fee for the services rendered by said agent
and to collect said charge from the Owner or Owners, as the case may be~
and in the same manner as that which is provided herein for the collect10n
of an insurance premium paid by the Association.
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(d) Disbursement of funds on deposit pursuant to subparagraph (a)
above, for contracts for reconstruction or remodeling entered into
under subparagraphs (b) and (c) above, shall be made by a title
insurance company of other agent (lIAgentll) selected by Trustee
and the affected mortgagees of record, subject to the following:
(i) Article VI of these covenants entitled lIArchitectural
Controlsll shall apply to all said reconstruction or
remodeling.
(ii) Receipt by Agent of such sworn construction statements, lists
of subcontractors, lien waivers and receipts as it shall
determine to be appropriate. Disbursements may be by
periodic or progress payments, and Agent may make such
inspections and withhold such payments as it deems necessary
to insure completion in compliance with plans and speci-
fications.
(iii) In the event a contract is entered into pursuant to subparagraph
(b) hereinabove, the written consent of the Owner to said
payment or payments, which consent will not be unreasonably
withhe 1 d.
(e) In the event 'that a remodeling or reconstruction contract is, for any
reason, not entered into pursuant to the provisions of subparagraphs
(b) and (c) hereinabove, within 180 days after deposit of insurance
proceeds in escrow for a damaged or destroyed Living Unit or garage,
as herein provided, or in the event there are excess funds after
reconstruction or remodeling, the proceeds or excess, as the case may
be, shall be disbursed to each Owner and mortgagee of record of the
affected Lot as their interests appear.
(f) In the event the Owner whose property is damaged fails to make satis-
factory arrangements for the repair and reconstruction of the damaged
property and, in the event the trustee decides to repair and reconstruct
the damaged property and it is determined by it that the insurance
proceeds are not sufficient for all costs and expenses associated
therewith, the Association or the Mortagee may depoist, arrange for and
disburse funds over and above the insurance proceeds to complete the
repair and reconstruction and to pay the costs associated and related
therewith (lIadditional expensell).
(i) If the insurance coverage for this casualty was by a blanket
or master policy secured by the Association, such additional
expense shall be a common expense payable from the Association's
funds or assessable equally against all Lots as a special
assessment.
(ii) If the insurance coverage for this casualty was by an individual
policy secured by the affected Owner, then such additional expense
shall be due and payable from the affected Owner and upon completion
of the work, the Board of Directors may levy a Special-Charge
Assessment against the Lot having the effect of a maintenance
assessment lien under Article V hereof, but superior to all other
annual and special assessments, and which lien may be enforced in
the same manner as provided herein for other assessment liens. The
Special-Charge Assessment shall be in the amount expended by the trustee
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over and above the insurance proceeds received by the Trustee to
repair and reconstruct the Owner's premises, including necessary
costs, expenses and fees associated with the work.
(g) In all events, betterments or improvements made subsequent to the original
construction by any Owner to his Lot shall be the responsibility of the
Owner to insure separately (or by rider to a blanket policy at the consent
of the Association) if he desires the same insured. If the Trustee or
mortgagee undertakes the reconstruction or remodeling of a Living Unit
or garage as above provided, the same need be restored only to sub-
stantially the same condition as the Living Unit or garage was as of the
completion of original construction.
Section 6. Insurance Premiums. . Insurance premiums for any blanket property
insurance coverage and the other insurance coverages purchased by the Association
shall be common expenses to be paid by assessments levied by the Association,
and such assessments shall be held in a separate escrow account of the Association
and used solely for the payment of the blanket property insurance premiums and '
other insurance premiums as such premiums become due. The premiums payable as
to each Living Unit and associated garage may be allocated based upon the ratio
of the value of each Living Unit to the toal value of all Living Units, rather
than equally, if so determined by the Board of Directors.
Section 7. Fidelit~ Bonds. The Association may maintain blanket fidelity
bonds for all officers~ irectors, trustees and employees of the Association and
all other persons handling or responsible for funds of or administered by the
Association, and the Board may enter into a binding agreement with a mortgage
holder, guarantor, FNMA or FHLMC, to keep such coverage in force.
ARTICLE XIII
EMINENT DOMAIN
Section 1. The Association shall represent the owners in any condemnation
proceedings or in negotiations, settlements and agreemens with the condemning
authority for acquisition of the Common Area, or part thereof, and by acceptance
of a deed for his unit, each Owner appoints the Association as attorney-in-fact for
such purposes. In the event of a taking of acquisiton of part or all of the Common
Area by a condemning authority, the award or proceeds of settlement shall be
payable to the Association, or other trustee (such as a bank or title insurance
company appointed as such by the Association), for the use and benefit of the
Owners and their mortgagees as their interests may appear.
Section 2. Reconstruction. In the event of a partial taking of the Common
Area (or conveyance in lieu thereof) the Association promptly shall cause the
remaining portions of the Common Area to be restored functionally and
aesthetically to reasonably the same condition as before the taking, ~ing so
much of the proceeds of such taking for such purpose as shall be reasonably
necessary. In the event of a total taking of the Common Area (or conveyance
in lieu thereof), and the project is terminated by the elction hereinabove required,
the proceeds shall be allocated equally among each Lot, payable jointly to the
respective Owners and mortgage holders thereof.
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ARTICLE XIV
GENERAL PROVISIONS
.
Section 1. Enforcement. Enforcement of these covenants and restrictions
and of the provisions contained in the Articles of Incorporation and By-Laws
of the Association (and of decisions made by the Association pursuant thereto)
may be by any proceeding at law or in equity instituted by the Association or by
any Owner against any person (including the Association) violating or attempting
to violate any covenant or restriction, either to restain violation, to compel
compliance, or to recover damages, and against the land, to enforce any lien
created by these covenants; and failure by the Association or by any Owner to
enforce any covenant or restriction herein contained in a particular instance
shall in no event be deemed a waiver of the right to do so thereafter. Attorney's
fees and costs of any such actions to restrain violation or to recover damages as
determined by the Court shall be assessable against and payable by any persons
violating the terms contained herein.
Section 2. Mergers. Upon a merger or consolidation of the Association with
another corporation as provided in its Articles and By-Laws, its properties, rights
and obligations may, by operation of law, be transferred to another surviving or
consolidated association or corporation, or, alternatively, the properties, rights
and obligations of another corporation may, by operation of law, be added to the
properties, rights, and obligations of the Association as a surviving corporation
pursuant to a merger. ' The surviving or consolidated corporation may administer
the covenants and restrictions established upon any other properties as one entity.
No such merger or consolidation, however, shall effect any revocation, change or
additions to the covenants established by this Declaration within the Property,
except as hereinabove provided.
Section 3. Access. For the purpose solely of performing repairs and maintenance
authorized by this Declaration, the Association, through its duly authorized agents
or employees, shall have the right, after reasonable notice to the Owner (except
in an emergency), to enter upon any Lot. In the event the Association authorized
any sort of master cable or community television or data system, each Owner hereby
authorizes access to his Lot upon reasonable notice for the purpose of installing
the conduits and fixtures necessary to serve such Lot, without regard to whether
the Owner then elects to subscribe to or use such system.
Section 4. Emergency Access. For the purpose of perofrming emergency repairs
under this Article, or of taking emergency action to seal a Living Unit from
weather or otherwise to prevent damage or destruction to any Lot or Living Unit,
the Association, through its duly authorized agents or employees, shall have the
right to enter upon any Lot or Living Unit at any time, without noitce, with such
men and material as the Association deems necessary, to accomplish such emergency
repairs or to ake such emergency action.
Section 5. Severability. Invalidation of anyone of these covenants or
restrictions by legislation, judgment or court order shall in no way affect any
other provisions which shall remain in full force and effect.
Section 6. Duration and Amendment. The covenants and restrictions of
this Declaration shall run with and bind the land, and shall inure to the benefit
of and be enforceable by the Association or the Owner of any Lot subject to this
Declaration, their respective personal representatives, heirs, successors and
assigns, for a term of twenty (20) years from the date this Declaration is recorded,
after which time the covenants and restrictions shall be automaticlalyrenewed for
successive periods of ten (10) years unless terminated by a statement recorded
within the last 90 days of such 20 or 10 year periods signed by not less than 90%
-24-
'Of the Owners and by not l~than 51% of the holders of fi~mortgages,
counting one vote for each Lot covered by a first mortgage.
Except as elsewhere herein provided, this Declaration may be amended
during the first twenty-year period by an instrument signed by not less than
ninety percent (90%) of each class of the Owners and thereafter by an instrument
signed by not less than seventy-five percent (75%) of the Owners. In addition,
a particular amendment may require the consent of Declarant under section 7,
below, or of a proportion of first mortgagees under section 8, below, or of the
FHA under Article XV below. Notwithstanding the foregoing, however, Declarant
shall have the right to amend this Declaration by recording an amendment executed
solely by it which recites that it is for the purpose of conforming to requirements
or comments of FHA, until the happening of one of the following events, whichever
occurs earliest:
(a) the recording of such an amendment evidencing approval by the
Federal Housing Administration or the Department of Veterans
Affairs;
(b) on December 31, 1991;
(c) the recording of Declarant's waiver of this right.
The consent of the Owners may be obtained by a written agreement, or at a meeting
of the Association duly held in accordance with the provisions of the By-Laws.
Whenever such an amendment has been so approved, it shall be recorded with the
appropriate recording office in the county where the Property is located, and shall
not be effective until so recorded. Any officer of the Association shall have the
power and authority to certify to such approval, and such certification shall be
sufficient evidence of approval for all purposes, including recording.
Section 7. Declarant's Joinder. In addition to the other requirements for
amendment of this Declaration and the By-Laws contained herein, the written joinder
and consent of the Declarant shall be required for any amendment of either the
Declaration or By-Laws which shall abolish, diminish or restrict Declarant's rights
hereunder to acomplete improvements, to maintain sales and management offices and
models, to maintain signs and advertise the project, or to use easements through
Common Areas for purposes of constructing improvements or marketing the project
until the last conveyance of a Lot to an Owner other than Declarant. This right
may be waived in whole or part at any time by recording a written waiver executed
and acnowledged by Declarant.
Section 8. Mortgagee Approval. In addition to all other requirements set forth
herein, unless at least seventy-five percent (75%) (or such higher percentage as is
required by law or this Declaration) of the first mortgagees of the Lots or their
assigns (based upon one vote for each first mortgage owned), have given their
prior written approval, neither the Association nor the Owners shall be entitled to:
(a) terminate the legal status of the project (except in accordance with
procedures set forth in these Declaration and By-Laws in the event of
amendment or termination made as a result of destruction, damage or
condemnation);
-25-
.
.
(b) by act or omission, seek to abandon, partition, subdivide, encumber,
sell or transfer the Common Area (the granting of easements for public
utilities or for other public purposes consistent with the intended
use of the Common Area shall not be deemed such a transfer);
(c) use hazard insurance proceeds for losses to any common property
for other than the repair, replacement of reconstruction of such
common property;
(d) By act or omission change, waive or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design or the
exterior appearance of Living Units or garages, the exterior maintenance
of Living Units or garages, the maintenance of the common property,
party walls or common fences and driveways, or the upkeep of lawns
and plantings.
Section 9. Notices. Any notice required to be sent to any Member of the
Association (or Owner) under the provisions of this Declaration shall be deemd
to have been properly sent when mailed, postage prepaid, to the last know address
of such Member appearing on the records of the Association at the time of such
mailing. In the case of multiple Owners of a Lot, notice to anyone of such
Owners s ha" be deemed, not i ce to all.
Section 10. Captions. The Article and Section headings are intended for
convenience only and shall not be given any substantive effect.
Section 11. Construction. In the event of an apparent conflict between
this Declaration and the By-Laws, the provisions of this Declaration shall
govern. The use of pronouns such as "his", "he", and "him" are for literary
purposes and mean whenever applicable the plural and female forms.
ARTICLE XV
FHA APPROVAL
So long as there is Class B membership, the following actions will require
the prior written approval (or waiver of this requirement) by the FHA (or the
affidavit of Declarant that as of the date of such amendment neither the project
nor any part thereof had been submitted to, or had been given project approval
by, the FHA): annexation of additional property, mergers and consolidations,
mortgageing of Common Area, dedication of Common Area, dissolution and amendment
of this Declaration.
-26-
.
.
IN WITNESS WHEREOF, the said TRIVESCO, a Minnesota partnership, by its
partners, Steiner and Koppelman, Inc., a Minnesota Corporation, Robert H.
Mason, Inc., a Minnesota Corporation, and Highland Properties, Inc., a
Minnesota Corporation, has caused this document to be executed as of the
day and year first above written.
STEINER AND KOPPELMAN, INC.
A Partner
Thomas F. Kordonowy
Its Vice President
ROBERT H. MASON, INC.
A Partner
Randal W. Travalia
Its President
HIGHLAND PROPERTIES, INC.
A Partner
Mark Z. Jones III
Its President
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1991, by Thomas F. Kordonowy, Vice President of
Steiner and Koppelman, Inc., Randal W. Travalia, President of Robert H.
Mason, Inc., and Mark Z. Jones III, President of Highland Properties, Inc.
on behalf of their corporations.
Notary Public
-27-
.
.
MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
2 March 1991
RE:
Gideon's Cove - Proposed Comprehensive Plan Amendment -
Preapplication
FILE NO.:
405 (91. 05)
BACKGROUND
Boyer Building Corporation is the owner of six of the eight lots in the Lawtonka
subdivision (see Site Location Map - Exhibit A, attached). They propose to build 10
attached homes on three of the lots and dedicate one of the lots as common open space (see
Exhibit B). Since this type of project is not consistent with either Shorewood's
Comprehensive Plan or the current zoning of the property, the applicants must first seek
approval of an amendment to the Comp Plan and ultimately an amendment to the Zoning
Ordinance.
The property is currently zoned R-1C, Single-Family Residential. In this district single-
family homes are allowed on lots no smaller than 20,000 square feet in area. This zoning
is consistent with the City's Proposed Land Use plan for the area in question, which
recommends residential development at two to three units per acre.
Land use and zoning surrounding the site are as follows:
north - H.C.R.R.A. r.o.w., then single-family residential; zoned R-1B
east - single-family residential; zoned R-IC
south - single and two-family residential; zoned R-2A
west - large pond, then two-family residential; zoned R-2A
A Residential Community on Lake Minnetonka's South Shore
/2A
.
.
Re: Gideon's Cove
Compo Plan. Amendment
2 March 1991
As indicated in a narrative prepared by the applicant (Exhibit C), they intend to market the
project to seniors, or "active adults", fifty-five years and older.
The four lots proposed to be used for this project contain a total of 96,925 square feet.
Since Shorewood uses the 40,000 square foot lot as a basis for density (the "Shorewood
acre"), the proposed density for this project is 4.13 units per acre (40,000 square feet).
ISSUES AND ANALYSIS
The Comprehensive Plan amendment process consists of two steps: 1) preapplication; and
2) formal application. The preapplication stage is intended for the applicant to present his
proposal, on an informal basis, to the Planning Commission and City Council. This part of
the process is not intended to commit the City to the project, but rather to identify issues
which should be addressed in a formal application. Based upon feedback from the Planning
Commission and City Council, the applicant determines whether or not to proceed with a
formal application to amend the Comprehensive Plan.
According to the applicant this project is intended to serve one segment of the elderly
housing market - those 55 years old and up. In considering this proposal, it is suggested
that the following issues be considered:
A. Definition of Elderly Housing. For more than a year, Shorewood has discussed the
need for elderly housing. The concensus among both Planning Commission and
Councilmembers is that Shorewood needs to provide additional housing opportunities
for senior citizens in Shorewood. What has yet to be determined is what constitutes
elderly housing.
Our current Zoning Ordinance defines "Elderly Housing" as:
"A public agency owned or controlled multiple-dwelling building with open
occupancy limited to persons over sixty years of age. "
The applicant's project is geared toward adults 55 years of age and older,
presumeably with greater than average financial resources (proposed prices of the
units are in the $200,000 range).
B. Density. In talking with various developers of elderly housing projects over the past
year, it has become clear that Shorewood will have to consider higher density than
what is currently allowed, in order to attract an elderly housing project. Currently,
approximately one-half of the city is zoned for one unit per acre, with the remainder
at approximately two units per acre.
- 2 -
.
.
Re: Gideon's Cove
Compo Plan. Amendment
2 March 1991
While Shorewood has historically favored low density development, there has been a
consensus among City officials that a certain density of elderly housing units has a
different impact on the community (Le. traffic, demand for schools and parks, etc.)
than the same density of family housing.
C. Traffic. One of the reasons that higher density may be acceptable for elderly housing
is that the elderly typically generate less traffic, depending on the particular segment
of the elderly population being considered. For example the older the resident, the
less likely they are to have children living at home, resulting in fewer trips per day.
Fifty-five year old couples could very likely have children of driving age living at
home.
This issue is somewhat critical for the site in question. Although located near County
Road 19, access to 19 via Timber Lane has been noted as marginal.
D. Age Restriction. If the City allows a higher density to encourage elderly housing,
how can it be assured that the project will be limited to the elderly? The Federal Fair
Housing Act was adopted to prevent discrimination in housing based on age. While
the details of the Act are not available as of this writing, it is our understanding that
it only allows limitations on age if the project provides services exclusively for the
elderly (e.g. care, transportation, etc.).
If the applicant proceeds with a formal application, he should identify what assurances
there would be that the project would be limited to the elderly.
E. Site Considerations. The applicant proposes to build 10 units on three previously
platted lots. In order to fit the units on the site, the applicant has reduced the front
yard setbacks down to as little as three feet. As such, cars parked in the driveways
would actually be parked on the public right-of-way. In the past, the minimum front
yard setback the City has allowed on a public street is 25 feet.
The project also results in mixing attached and detached housing. The applicant owns
the first two lots, but Lot 6 at the end of the cul-de-sac is owned by someone else.
F. Zoning. The current zoning of the property does not allow attached housing. In
order to allow the four and five-unit buildings proposed, the zoning would have to be
changed to R-3B, Multiple-Family Residential. Since this would constitute a "spot
zoning" the City may wish to consider amending the Zoning Ordinance instead to
allow elderly housing within existing zoning districts. Planned unit development is
another approach which could be used.
- 3 -
.
.
Re: Gideon's Cove
Compo Plan. Amendment
2 March 1991
RECOMMENDATION
When the applicant initially discussed his proposal with staff, it was suggested that it be
presented to the Elderly Housing Committee for their input. The consultant to the
Committee suggests, however, that the Committee not see specific proposals until after they
complete their report on the need for elderly housing in Shorewood. This report is due to
be completed in late March or early April.
It is recommended that if a formal application is pursued, it should be referred to the
Elderly Housing Committee for a recommendation.
cc: Glenn Froberg
John Blumentritt
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Exhibit A
SITE LOCATION
Gideon's Cove-Proposed Comprehensive Plan
Amendment ....
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Exhibit B SITE PLAN
PROPOSED
133/131/91 12:06
2:: 475 20135
BOYER BLDG. CORP
P.02
.
.
Building Corporation
18283A Minnetonka Boulevard. Wayzata. Minnesota 55391 · (612)475.2097
They are called "active adults". They are 55-plus and they are
looking for the continued good life. With their numbers set to
swell by approximately 12 percent during the 1990's (according
to the U.S. Census Bureau projections), they spell both oppor-
tunity and need for many communities.
These active adults, with more descretionary income per capita
than most other age groups, are demanding luxury, convenience,
location and security as never before. And on their heels are
the 20 million plus baby boomer households whose members will
start turning 50 during the 1990's. By the end of the century,
the mature move-up segment of the market may account for
55 percent of new housing needs. As the boomers approach middle
age and retirement, communities need to devise new concepts to
retain or attract these individuals, plus facilitate the loca-
tions they will demand.
Boyer Building Corporation now looks to you and your community
for support. Host of these individuals are considering "moving
down"... They are moving down from their large single family
dwelling, lOOking for housing that will still be new and upscale,
but not requiring the time and effort of maintaining the large
single family dwelling.
We need locations for these individuals that are not adjacent
to commercial locations or super highways. They want to be as
much a friendly part of a neighborhood as the single family
counterpart and need the location opportunity.
In the past few years, new generations of attached homes have
come into existence. These homes respond to the particUlar
demands of their site, taking advantage of views and slopes,
and opening up inside so sunlight and space flow freely.
They also deal with issues of density and privacy by carefully
connecting units so each one reads as a home with it's own
entry and sense of place. Creative landscaping, including
berms, fences, gates, trellises and plantings, helps show what
1s public and what private, many times with better definition
then the single family residence.
We are excited about Gideons Cove in Shorewood.
be a terrific addition to your community.
We know it will
Exhibit C
PROJECT NARRATIVE
.
.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
Rob DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMORANDUM
TO:
Planning Commission, Mayor and City Council
FROM:
Brad Nielsen
DATE:
5 May 1991
RE:
Gideon's Cove - Comprehensive Plan Amendment -
Revised Preapplication
FILE NO.
405 (91.05)
BACKGROUND
In March of this year Boyer Building Corporation appeared before the Planning Commission
to present plans for a lO-unit townhome project called Gideon's Cove. Based upon their
discussion with the Commission, they have revised their plans, and now propose 14 two-
family units (see Concept Plan - Exhibit A, attached).
Whereas their previous proposal included four of the lots in the Lawtonka plat, the revised
plan includes all of the land in Lawtonka, including the lot which currently contains a single-
family dwelling on it, and two outlots which form a penninsula on Gideons Bay. They also
show a future two-unit building on Lot 6, which is not currently owned by the applicant.
ISSUES AND ANALYSIS
In a staff report dated 2 March 1991 a number of issues were raised relative to the
applicant's proposal. It should be noted that while they still intend to market the project to
the 55 years and older segment of the population, they have dropped the reference to elderly
housing. The following issues pertain to the revised concept plan:
A. Density. The initial plan proposed a density of 4.13 units per acre. By including
more land in their project, they have reduced the density to just under three units per
acre. As noted in the applicant's letter, dated 5 Apri11991, the amount of land they
have would allow 14.85 units based on three units per acre.
A Residential Community on Lake Minnetonka's South Shore
IJ!3
.
.
Gideon's Cove
5 May 1991
Page two
This reduction in density brings the project within the proposed density recommended
by the Comprehensive Plan, and eliminates the need for a Comp Plan amendment.
As proposed, the project can now be processed as a rezoning.
B. Traffic. The traffic generated by the existing six single-family lots would be 8-10
trips per unit, per day, or 48-60 trips in total. The trip generation per unit for
attached housing is somewhat lower, 6-8 units per day. Based on this the 14 units
would result in 84-112 trips per day. If the two future units were built the project
would yield 96-128 trips per day.
C. Site Considerations. One of the issues raised with the previous plan was the
proximity of the proposed buildings to the existing street. This is still considered a
problem. The buildings are as close as four feet from the right-of-way. Some of the
units have as little as six feet of driveway between the garage and the r.o.w. Cars
parked in these driveways would extend into the street. While the P.U.D. provisions
in the Zoning Ordinance allow units to be 15 feet from the curb of internal streets,
this was intended for private circulation systems. For public streets a minimum of 25
feet of setback is recommended. There does appear to be enough rear yard area to
mov~ the buildings back.
Side yard space is also inadequate. Buildings are as close as 10 feet to one another.
Assuming the project would be processed as a P.U.D., the buildings could be no
closer than one half the sum of the building heights. Also, the way the buildings are
angled with the street, they appear as one long building mass as viewed from the
street. The City will have to decide if the open space provided by the empty lot on
the south side of the street makes up for this lack of open space between buildings.
D. Zoning. In order to proceed the only type of zoning which would accommodate this
project is Planned Unit Development. This could be done in one of two ways:
l)rezone the property to R-3B and process a conditional use P.U.D.; or 2)zone the
property P. U. D. The latter approach would provide the assurance that the proj ect
would be built as proposed.
RECOMMENDATION
Based on the preceding analysis a number of issues remain to be resolved if the project is to
proceed. Given the open space considerations, some reduction in density may still be
necessary. Even though a Comprehensive Plan amendment is no longer required, it is
suggested that the developer meet with neighboring residents to gain their input prior to a
formal public hearing. If agreeable to the Planning Commission, the project should be
submitted as a rezoning to P.U.D district.
cc:
Jim Hurm
Glenn Froberg
Joel Dresel
John Blumentritt
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Exhibit A
REVISED CONCEPT PLAN
Gideon IS Cove
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Building Corporation
18283A Minnetonka Boulevard · Wayzata, Minnesota 55391 · (612) 475-2097
April 5, 1991
~.1r. Brad Nielson
City of Shorewood
5755 Country Club Road
Shorew:x:xi, MN 55331
BE: Gideons Cove revised site plan.
Dear Brad,
We have made the final adjustrrents to the concept site plan for Gideons Cove.
As you can observe, we have changed from the larger, attached structures to
side by side design. We have also studied the use of the balance of the land
as Fer the Planning Ccmnission "s request.
Our CCllTpUtations for the land area is also info:r:mation we wanted to pass on
to you. If the main building site (181,274 Sq4 ft.) plus' the Timber Lane
outlot (7,600 sq. ft.) plus the peninsula (16,810 sq. ft.) were to De our
total land area, we w:::>u1d have a total of 205,684 square feet. This figure
divided by 40,000 equals 5.14 acres. ~>IJe have multiplied the 5.14 tirres
3 units per acre for a total of 15 units allowable.'
If the Timber Lane outlot is not allowed (-7,600 sq. ft.), a total of 198,084
square feet would be the total site. This figure divided by 40,000 ti.rres 3
equals 14. 85 units total allowable.
In the canputations, we have not included the 28,000 square foot Schaffer site.
Please note, however, we have indicated two units for future deve1oprrents.
Thank you for all your attention. We will contact you regarding our upcoming
rreetings .
Exhibit B
APPLICANT'S REQUEST LETTER
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/"I
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---.. .-/ i.
/
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---.. --.
MAYOR
Barb Brancel
COUNCI L
Kristi Stover
Bob Gagne
ROb DaughertY
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236
. . .
'-f'( ,/ ~ -,'
(/ // c:.,{~~ -'.-::,:",--
DATE:
26 April 1991
..).,?' ,'"
TO:
Dale and Karen Patterson
6780 Chaparral Lane
Chanhassen, :MN 55317
-'~7
...- -'
PROPERTY LOCATION: 5665 Echo Road
PROPERTY IDENTIFICATION NO.: 33-117-23-14-0013
NOTICE TO REMOVE
,
NOTICE IS HEREBY GNEN that there exists a condition on the above referenced property \
which is in violation of Chapter 501, Section 501.01 of the Shorewood City Code, a copy of
which Section is enclosed. The offensive matter to be removed from the property includes,
but is not limited to the following:
Offensive and Unhealthv Substances
Approximately 30 cubic yards of debris in rear yard including:
old wood, construction debris, chairs, tires, plumbing, metal, carpeting, yard waste and
miscellaneous junk. (Basement being remodeled without a permit.)
. You are hereby required to remove the above-described matter and any other offensive
matter located on the property and in violation of Chapter 501, Section 501.01 within ten
(10) days from the date hereof. In the alternative, you may file a written notice of appeal at
the Shorewood City Hall within ten (10) days, in which case your appeal will be set for
hearing at the next regularly scheduled meeting of the City Council.
If you do not respond to this Notice within ten (10) days, the City shall take whatever action
as may be necessary to have the offensive matter removed. The costs incurred by the City
for such removal shall be charged to the property owner and become a lein against the
property.
*** PLEASE GIVE THIS MA TIER YOUR Il\1MEDIA TE ATTENTION ***
BY ORDER OF THE SHORE\VOOD CITY COUNCIL
J3~
A Residential Community on Lake Minnetonka's South Shore
.
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Dennis Investments
3055 Casco Pt. Road, Wayzata, MN 55391 (612) 471-8376
1'-1ay 6, 1991
City of Shorewood
5755 Country Club Road
Shorewood, Mn. 55331
Pe: 5665 Echo Road
Pursuant to my conversation ivi th Pat Helgesen, this letter
will serve as my written reauest for additional time to
re~ove t~e junk in the yard of the above residence.
In order for you to understand my request, I would like
to explain t~is situation. We carried t~e Co~tract for
Deed on t~e ahove home. ~aren and Dale Patterson bought
the hOM~ two years ago and have lived there since. They
defaul ted on the Contract for Deed with u!=; and l.Ti th their
bank on the mortgage payments, and vacated the property
April 1st. We now are in the orocess of trvinq to re-
sell the oroperty but have to clean it u?'pattersons
walked away from b~e property, leaving a mess.
My request is for an extension of time to 30 days from the
date of this letter to get all the junk removed from the
yard. This house has become a burden to us, but we ~ill
qet it lookina nice aaain. I too have noticed that nile
of junk for the past two years, but never thought I ~ould
have to clean it up.
Thank you for your cooperation.
SZ:j1~~
Evv ahd John Dennis
l
Specialists In Income Real Estate Investments
I"?b
•
1`
•
Tabulation of Bids
Shady Hills Storm Sewer Improvements
City Project No. 91 -1
City of Shorewood, Minnesota
OSM Comm. No. 4590.08
Bids Opended: April 4, 1991 8 11:30 a.m.
Widmer, Inc. Landwehr Heavy Moving, In F.F. Jedlicki, Inc. CCS Contracting F.C.C.I 113 6 D Underground, Inc.
Item No. Item Quantity Uni Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
2104.501 Remove 24' C.M.P. 240 L.F $4.00 $960.00 $2.00 $480.00 $8.00 $1,920.00 $8.00 $1,920.00 $2.00 $480.00 $8.00 $1,920.00
2104.505 Bituminous Removal 120 S.Y $2.00 $240.00 $3.00 $360.00 $4.00 $480.00 $4.00 $480.00 $2.00 $240.00 $5.00 $600.00
2104.513 Bituminous Saw Cut 200 L.F $2.00 $400.00 $2.00 $400.00 $3.00 $600.00 $5.00 $1,000.00 $1.00 $200.00 $4.00 $800.00
2331.508 Type 41 15 Ton $70.00 $1,050.00 $80.00 $1,200.00 $65.00 $975.00 $85.00 $1,275.00 $49.00 $735.00 $64.00 $960.00
1 1,
2331.514 Type 31 20 Ton $65.00 $1,300.00 $80.00 $1,600.00 $65.00 $1,300.00 $85.00 $1,700.00 $48.00 $960.00 $56.00 $1,120.00
2357.502 Tack 10 Gal $3.00 $30.00 $10.00 $100.00 $3.00 530.00 $4.00 $40.00 $2.00 $20.00 $5.00 $50.00
2501.525 24' R.C. Pipe Apron 1 Eac $375.00 $375.00 $1,150.00 $1,150.00 $400.00 5400.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 $1,475.00 $1,475.00
2503.541 18' R.C.P. Class III 30 L.F $22.50 $675.00 $30.00 $900.00 $39.00 $1,170.00 $40.00 $1,200.00 $35.00 $1,050.00 $60.00 $1,800.00
2503.541 24'R.C.P. Class III 158 L.F $28.50 $4,503.00 $36.00 $5,688.00 $41.00 $6,478.00 $36.00 $5,688.00 $45.00 $7,110.00 $64.00 $10,112.00
2503.541 24" R.C.P. Class II (arch 50 L.F $36.00 $1,800.00 $47.00 $2,350.00 $45.00 $2,250.00 $50.00 $2,500.00 $60.00 $3,000.00 $70.00 $3,500.00
2506.509 4021C L.P. C.B. 5 Eac $600.00 $3,000.00 $850.00 $4,250.00 $1,200.00 $6,000.00 $1,000.00 $5,000.00 $1,400.00 $7,000.00 $1,475.00 $7,375.00
2531.501 B618 C & G 170 L.F $12.00 $2,040.00 $12.00 $2,040.00 $14.00 $2,380.00 $20.00 $3,400.00 $15.00 $2,550.00 $23.00 $3,910.00
DIV. II Clear and Grub Tree 2 Eac $190.00 $380.00 $300.00 $600.00 $150.00 $300.00 $400.00 $800.00 $400.00 $800.00 $200.00 $400.00
DIV. II Sod 600 S.Y $1.75 $1,050.00 $2.50 $1,500.00 $2.20 $1,320.00 $3.00 $1,800.00 $2.00 $1,200.00 $1.65 $990.00
DIV. II Rip Rap w /Fabric 12 C.Y $35.00 $420.00 $50.00 $600.00 $30.00 5360.00 $65.00 $780.00 $65.00 $780.00 $65.00 $780.00
STD.SPEC. Fence Removal and Replace 20 L.F $7.50 $150.00 $1.00 $20.00 $10.00 $200.00 $2.50 $50.00 $12.00 $240.00 $1.00 $20.00
2621 Standard Manhole 1 Eac $700.00 $700.00 $1,500.00 $1,500.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00 $1,295.00 $1,295.00
TOTAL BID $19,073.00 524,738.00 $27,363.00 $29,833.00 , $32,365.00 $37,107.00
Engineer's Estimate $29,100.00
I hereby certify that this tabulation was
prepared by me or under my direct supervision
and that I an a duly registered engineer under
the laws of the Sta of Minnesota.
" --1"
Joel A. Dresel May 6, 1991 Req. No. 20370
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5/8/91
RESOLUTION NO.
A RESOLUTION ACCEPTING BID FOR
SHADY HILLS DRAINAGE SYSTEM
WHEREAS, pursuant to an advertisement for bids for local
improvements designated as Shady Hills Storm Sewer Improvements, City
Project No. 91-1, bids were received, opened on 4 April 1991, and
tabulated according to law, and such tabulation is attached hereto and
made a part hereof as Exhibit A; and
WHEREAS, the City Council has determined that
is the lowest responsible bidder in compliance with the specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
1. That the Mayor and City Clerk are hereby authorized and
directed to enter into a contract with , in the name of
the City of Shorewood, Project No. 91-1, according to the plans and
specifications therefor approved by the City Council on file in the office
of the City Clerk.
2. That the City Clerk is hereby authorized and directed to
return forthwith to all bidders the deposits made with their bids, except
for the deposits of the successful bidder and next lowest bidder, which
shall be retained until a contract has been signed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 13th day of May
1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
lA-t)
.
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MAYOR
Barb Brancel
COUNCIL
Kristi Stover
Bob Gagne
Rob Daugherty
Daniel Lewis
CITY OF
SHOREWOOD
5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236
MEMO
TO:
MAYOR AND COUNCILMEMBERS
FROM:
AL ROLEK
DATE:
MAY 8, 1991
RE:
FINANCING OF THE WATER TREATMENT PLANT
The item on the agenda relating to the water treatment plant is
listed as receiving bids rather than awarding bids. The reason for
this is to allow staff to review the financing of the water
treatment plant before the bid is awarded.
The feasibility study listed two options for financing construction
of the plant: increasing water rates and special assessments. The
water rate option would have spread the cost over the entire city~
while assessing the project costs would affect only those
benefitted by the improvement. It was agreed that the special
assessment option was the most equitable and that it should be the
option employed.
The per lot assessment was based on spreading the cost over 500
parcels in the feasibility study. It appears that this number
included the parcels in the Shady Hills area. However, the Shady
Hills area was not included in the mailing for the public hearing
on the feasibility study. Moreover, since the Shady Hills area is
not presently served by the southeast area water system, which the
water treatment plant would affect, parcels in the area would
derive no benefit from the plant, and, therefore, no assessments
could be levied against them. This would significantly increase
the per lot assessment to the benefitted parcels.
It is the opinion of the staff that these issues be addressed and
settled prior to awarding the bid on this project. As the plans
and specifications for the project state that the bid prices must
remain in effect for 30 days from the bid opening date, it is
recommended that the Council receive the bids at this time and
schedule the awarding of the bids at either the May 28 or the June
10 City Council meeting. This will afford staff the necessary time
to review the project financing.
A Residential Community on Lake Minnetonka's South Shore
10
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.
MEMO
WATER TREATMENT PLANT
MAY 8, 1991
PAGE TWO
A meeting is scheduled with Noel Vogen, of Associated Consultants,
Inc., to review the project financing. Council will be informed of
outcome of the meeting and of the details of financing the project.
In any event, the issue will be resolved within the 30 day window
stated in the project plans and specifications.
Please call prior to the meeting Monday night if you have any
questions. This will allow time to research questions before tha
meeting.
1.
APPLICANT INFORMATION
Please give the name(s) of all persons who own the private
to be maintained in right-oi-way.
NAME(S) f1iG-H-~L- M -0- hft/<Y' {(. i!xJ~u:tua,J
APPLICATION" PERMIT '1'0 KEEP OR MAINT~
PRIvATE PRO~Y WITHIN A PUBLICLY OWNEIIr
fGGHT-OF-WAY PUHSUAN; '1'0 SHOREWOOD ORDINAUCE / 'DC'/
NO. 1,-1 !)G.1-C.,} Vi /7 1
1+ 1&>1-/1
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property
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?lease type or print legibly
ADDRESSES ...;l :5 {j .;::> 5 v I-, r-r I r /l-ve
)~~LJooYI II'7rJ 5~3:S/
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TELEPHONE 47L/ - S-Yb9
2. RIGHT-OF-WAY
Please name the highway, road, street, alley or other right-of-way
upon which you are requesting to maintain private property.
S'UMMl r ./tVl2".
3. Please describe as carefully as possible the exact location or address
on the right-of-way where the private property is to be maintained, as
well as the nature, extent and purpose of the requested encroachment
on the right-of-way. (Attach a photograph or sketch if possible).
(,JJ2- v<AJL ~ k ~~ ~ ~ ~ . ~
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~-r-7 ,d: .J5("Y-oSur->",(] J1v1Z. (5...).-.~,r~
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In consideration of approval of this permit, I hereby knowingly and
voluntarily waive any right to recover frc,m the City of 3horewood for
damage occurring to property in the right-of-way as above described,
which d;,.magE:' resul t~3 from the performance by the City of Shorewood or
its agE::Ilts (,f any p'.lblic dutic':3 Y'\.quir'ed I:y law.
wt~ ~/~/q( ~~ ~(
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( ) Not Approved
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 507 OF THE
SHOREWOOD CITY CODE RELATING TO
REFUSE COLLECTION AND DISPOSAL
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS:
Section 1. Chapter 507 of the Shorewood City Code is hereby amended to
read as follows:
.'
"507.09
SPRING CLEANUP: Each Spring this City will provide a
curbside pickup service for Shorewood residents for
yard waste, trash and household rubbish, and a limited
drop-off site for certain larger items.
Subd. 1.
9URBSIDE PTCKUP:
o~~~~~~ ~ ~t~)~~tJ}
The curbside service will be conducted on ~hg fir3t S~r in
~. Items must be on the curb by 8:00 a.m. and will be picked
up at residential sites only. The following items will be
accepted for curbside pickup:
Brush, cut in four-foot lengths and bundled so as to be
manageable by one person.
Yard waste in bags (grass clippings and leaves)
items.
.. ~~~,Ui\
Construction debris (lumber, blocks, sheetrock, etc.) and
chemicals (liquid paint, weed spray, solvents, etc.) will not be
accePted.
Brush and yard waste must be piled and separated from the trash.
~~~,
A fee~f $la.00 will be charged to each residential unit within
the City of Shorewood for the pickup service. This fee will be
included in the utility billing statement sent to each resident
for the second quarter of the year.
Subd. 2
LIMITED DROP-OFF SITE.
A drop-off site will be available on the first Saturday-~n j~
between the hours of 8:00 a.m. and 4:00 p.m. at the Public Works
garage. The following list of items will be accepted and the
following fees charged:
11
... . >
.
.
Appliances
Mattresses, carpet and large
furniture items (per piece)
Automobile tires (without rims)
Automobile rims
Truck tires (no rims)
Batteries
$ 6.00
$17.00
$ 3.00
$ 6.00
$12.00
no fee
Fees will be collected at the time an item is dropped off, and the
site will be limited for use by Shorewood residents only."
Section 2. This Ordinance shall be full force and effect from and after
its passage and publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 13th
day of May, 1991.
.:
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
"
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APR I 7 /991
GEN OLSON
Senator, District 43
125 State Office Building
St. Paul, Minnesota 55155
(612) 296-1282
Home:
6750 County Road 110 West
Mound, Minnesota 55364
(612) 472-3306
Senate
State of Minnesota
April 16, 1991
Barb Brancel, Mayor
5755 Country Club Road
Shorewood, MN 55331
Dear Mayor Brancel:
We are excited to announce the introduction of legislation in the
Minnesota House and Senate to establish the Suburban Hennepin
Regional Park District (Hennepin Parks) Board of Commissioners as
an all-elected seven-member board with full autonomy to formulate
and implement annual budgets for the park district. We are
writing to ask you to give your city's formal support to this
legislation. We have enclosed a copy of the proposed legislation
and a sample resolution expressing municipal support for your
council's consideration.
Currently, the Hennepin Parks Board of Commissioners is a seven-
member board with five commissioners elected and two
commissioners appointed by the Hennepin County Board. The
Hennepin County board also has the authority to review and veto
the annual park district budget as formulated by the Hennepin
Parks Board.
Since Hennepin Parks is a local unit of government empowered to
levy property taxes on the citizens of suburban Hennepin County,
we believe the Hennepin Parks Board should be fully accountable
to those citizens through the democratic election process. We
also believe that as an independent local unit of government,
Hennepin Parks should have the power to formulate and implement
annual budgets for the park district without review or veto by
the Hennepin County Board.
Furthermore, one cannot ignore growing public dissatisfaction
with controversies surrounding appointments to the Hennepin Parks
Board. We believe an independent and democratically elected
Hennepin Parks Board is essential to restore and assure public
confidence in the board's activities and priorities.
Primed on
Recycled Paper
COMMITTEES . Education . Education Funding Division · Environment & Natural Resources ·
Energy & Public Utilities . Taxes and Tax Laws · Transportation '"
SERVING: Deephaven, Eden Prairie (portions of), Excelsior, Greenwood, Long La~e', Mmnetonka (portions
of), Minnetonka Beach, Minnetrista, Mound, Orono, St. Bonifacius, Shorewood, Spnng Park, Tanka Bay and
Woodland .
16A
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The bill has strong bi-partisan support in both the House and the
Senate with Senators Merriam, McGowan, Riveness and Traub and
Representatives Segal, Knickerbocker, Garcia, and Limmer joining
us as co-authors.
We encourage you to help secure passage of this legislation by
approving a supporting resolution at your next council meeting.
Dedicated citizens working with us will be in contact with your
council to assist in this effort and to assure your support is
reported to the Legislature.
Thank you for supporting an independent and democratic Suburban
Hennepin Regional Park District Board of Commissioners and for
your efforts to improve local government in Hennepin County.
Sincerely,
k~
~ /},~
Bill SCh~~r
State Representative
Gen Olson
State Senator
GOlke
.
, -
Star Tribune
Established 1867
.
Roger Partclnlon publisher and President
Joel R. Kramer Executive Editor
Tim J. McGuire Managing Editor
Robert J. White Editorial Editor
Friday / February 22/1991
An aH-eJected county parks board
The Hennepln Cou"ty Board's decIsIon :0 over-
r:de last fail's electIon results and put David
Dombrowski back on the Suburban Hennepin
~:lrks Board was more 'than just a slap in the face
tor voters. It W:lS a slap in the Legislature's face as
we!l. A.nd legIslators should not let their 1991
seSSIon end without domg something about it.
That somethi"g should be to strip the County
Board of ItS powe:- to appoint two P:lrks Board
members to se:-ve :liongslde the tive members
directly elected. The Legislature gave cour.ty com-
missioners the appointment authomy as a com-
promise between their deSIre for full control at the
parks system and the public's desire to keep the
parks independent at county politics.
The unusual ar.:J.ngement was considered at the
time :l reasonable ';'av to balance the interests ot
county governme::t ;"'ith the interests of park
users. ..l..nd for seve:-:ll ye:lrs it worked reasonably
well. Elected and :1p~omted board membe:-s gener-
ally pulled togethe:-. e':en on issues as bItterly
controversial J.S the acquIsition of a new park on
LJ.ke \linnetonka.
Rece:Hly. however. a split developed between
elected and appointed members. And when Dom-
browskI - who had been appointed to the board
to fiit a vacanc..- - was defeated in his first try for
election. the split exploded into open warfare.
:--';ow the board can't even agree on who should
serve as permanent chairman.
This is an intolerable situation that the Legislature
helped create and therefore has an obligation to
correct. But the Leg:islature has more to do here
than just repair ltS o;"n mistakes. [t also has a duty
_ higher than any other - to uphold the demo-
cratic process and the right of the people to decide
who should represent them. and who should not.
That right has deadv been violated bv the Henne-
pin Co~nty Board's' decIsion to put Dombrowski
back into a job from which the voters had ousted
him. To make sure that never happens again. the
Legislature shoulc :7l3.Ke the Suburban Hennepin
P3.rks Board what :: ought to ha....e been all along: a
bocv consis~mg e::ure:\ of members elected bv
and'representing the people or suburban Hennepin
County.
.
).
03/05/91
[REVISOR
~~W/KS 91-1791
Senators Olson, McGowan, Riveness, Merriam and Tra~b introduced--
S. F. No. 692 Referred to the Committee on Local Government
1 A bill for an act
.2 relating to the suburban Hennepin reqional park
3 district; setting the size of the board; removing
4 ~owers of the Henne~in county board to review and veto
5 reserve district budget; amending Minnesota Statutes
6 1990, sections 383B.68, subdivisions 1, 3, and 4, and
7 by adding a subdivision; and 3838.73, subdivision 1;
8 repealing Minnesota Statutes 1990, sections 383B.68,
9 subdivision 2; and 383B.69.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11 Section 1. Minnesota Statutes 1990, section 383B.68,
12 subdivision 1, is amended to read:
13 Subdivision 1. Effective January 1, ~ge3 ~, and
14 notwithstanding any ~rovision of sections 398.02 to 398.04, or
15 any other law to the contrary, the board of ~ark district
16 commissioners of the suburban Hennepin ee~"~y regional park
17 ~e~e~~e district shall consist of seven commissioners a~po~"~ea
18 O~ elected as provided in this section.
19 Sec. 2. Minnesota Statutes 1990, section 383B.68,
20 subdivision 3, is amended to read:
21 Subd. 3. p~~e ~ park district commissioners shall be
22 elected as provided in this subdivision to re~resent those
23 portions of Hennepin county outside of the city of Minneapolis.
24 One ~ark district commissioner shall be elected without party
25 designation from each of the districts established pursuant to
26 subdivision 4. Elections under this subdivision shall be held
27 at the same time and in the same manner as elections for the
1
.
.
03/05/91
[REV!SOR ] ~~W/KS 91-1791
1 commissioners of the Hennepin county park reserve discrict shall
2 divide the territory of Hennepin county outside the city of
3 Minneapolis into ~~Ye ~ districts, which constitute the
4 suburban Hennepin eo~~e1 regional park ~e~e~Ye district. Each
5 district shall be composed of contiguous territory as regular
6 and compact in form as practicable and as nearly equal in
7 population as possible, provided that no district shall vary in
8 population more than ten percent from the average of all the
9 districts, unless compliance with this requirement requires
10 division of a voting precinct. After each federal census and by
11 not later than 120 days before the next ensulng general
12 election, after at least 30 days notice and public hearing, the
13 board of park district commissioners of the suburban Hennepin
14 eo~~e1 regional park ~e~e~~e district shall redistrict e"e its
15 territory o~-e"e-He~"e~%"-eo~~e1-~e~~-~e~e~Ye-d%~e~%ee into new
16 commissioner districts as necessary to comply with the
17 provisions of this subdivision. The districts established
18 pursuant to this subdivision shall remain effective until new
19 districts are established. Any person aggrieved by a
20 districting plan established pursuant to this subdivision may
21 challenge the plan in the same manner as a county commissioner
22 districting plan may be challenged pursuant to section 375.025.
23 The district court in reviewing any challenge to a districting
24 plan under this subdivision shall proceed in the manner
25 prescribed by section 375.025. Each districting plan
~6 established pursuant to this subdivision shall be filed in the
27 office of the director of finance of Hennepin county or any
28 successor office and shall be effective 31 days after its
:9 publication in a newspaper of general circulation in the county.
30 Sec. 5. Minnesota Statutes 1990, section 383B.73,
31 subdivision 1, is amended to read:
32 Subdivision 1. (LEVY.] To provide funds for the purposes
33 of the suburban Hennepin eo~"e1 regional park ~e~e~Ye district
34 as set forth in its annual budget, in lieu of the levies
35 authorized by any other special law for such purposes, the board
36 of park district commissioners may levy taxes on all the taxable
3
.
.
03/05/91
:REV:SOR] ~~W/KS 91-1791
1 Rules. the revisor shall c~ance :he :er~ "Hennepin county park
2 reserve district" to "subu::ban :ien:lepin reqional oark dis::::ict"
3 wherever it appears in sections 3833.68 to 383B.74. except in
4 sectio:l 3833.703.
5
Sec. 7. (REPEALER. ]
6 Minnesota Statutes 1990. section 383B.68, subdivision 2;
7 and 3838.69, are reoealed.
8
Sec. 8. (EFFECTIVE DATE.]
9 Sections 1 to 4, 6, and 7 take effect the day after the
10 suburban Hennepin reqional oark district board complies with'
11 Minnesota Statutes, section 645.021, subdivision 3. If the
12 board does not file an aooroval before Auqust 1, 1991, the
13 matter shall be submitted for a vote of the oeo le who reside in
14 the oark district at a special election in 1991. The auestion
15 proposed shall be:
16 "Shall the suburban Henneoin reqional oark district board
17 be chanced from a
aooointed to a wholl elected body?
18
Yes .......
19
No ........
21 act shall be effective for the 1992 election and thereafter.
If a majority of those votina on the auestion vo:e 'les, the
20
Section 5 takes effect the day after the suburban Henneoin
22
23 reqional park district board comolies with Minnesota Statutes,
24 section 645.021, subdivision 3.
5
. .
.
.
5/8/91
RESOLUTION NO.
A RESOLUTION SUPPORTING SUBURBAN HENNEPIN PARKS LEGISLATION
WHEREAS, the Suburban Hennepin Regional Park District is a unit of
local government created to develop, manage and maintain the Suburban
Hennepin Regional Park system, and is empowered to levy taxes on the
property owners of the Suburban Hennepin Regional Park District and plan
for the expenditure of property tax revenues for the benefit of the
Suburban Hennepin Regional Park system, and;
WHEREAS, an independent and democratically elected Suburban Hennepin
Reginal Park District Board of Commissioners is essential to assure public
confidence in the activities and priorities of the Board of Commissioners.
NOW, THEREFORE, Be it resolved by the City Council of the City of
Shorewood as follows:
1. That the City ,Council hereby expresses its unqualified support for
legislation before the Minnesota Legislature in the 1991 legislative
session that would establish the Suburban Hennepin Regional Park
District Board of Commissioners as an all-elected seven-member
board, with commissioners representing equal size districts within
the Suburban Hennepin Regional Park District.
2. That the City Council hereby expresses its unqualified support for
legislation before the Minnesota Legislature in the 1991 legislative
session that allows the Suburban Hennepin Regional Park District
Board of Commissioners to formulate and implement annual budgets for
the Suburban Hennepin Regional Park District without review or veto
of the Hennepin County Board.
3. That a copy of this resolution be transmitted through appropriate
channels to the Legislature of the State of Minnesota.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 13th
day of May, 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
l~~
.
.
5/8/91
RESOLUTION NO.
A RESOLUTION SUPPORTING SUBURBAN HENNEPIN PARKS LEGISLATION
WHEREAS, the Suburban Hennepin Regional Park District is a unit of
local government created to develop, manage and maintain the Suburban
Hennepin Regional Park system, and is empowered to levy taxes on the
property owners of the Suburban Hennepin Regional Park District and plan
for the expenditure of property tax revenues for the benefit of the
Suburban Hennepin Regional Park system, and;
WHEREAS, an independent and democratically elected Suburban Hennepin
Reginal Park District Board of Commissioners is essential to assure public
confidence in the activities and priorities of the Board of Commissioners.
NOW, THEREFORE, Be it resolved by the City Council of the City of
Shorewood as follows:
1. That the City Council hereby expresses its unqualified support for
legislation before the Minnesota Legislature in the 1991 legislative
session that would establish the Suburban Hennepin Regional Park
District Board of Commissioners as an all-elected seven-member
board, with commissioners representing equal size districts within
the Suburban Hennepin Regional Park District.
2. That the City Council hereby expresses its unqualified support for
legislation before the Minnesota Legislature in the 1991 legislative
session that allows the Suburban Hennepin Regional Park District
Board of Commissioners to formulate and implement annual budgets for
the Suburban Hennepin Regional Park District without review or veto
of the Hennepin County Board.
3. That a copy of this resolution be transmitted through appropriate
channels to the Legislature of the State of Minnesota.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota, this 13th
day of May, 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator/Clerk
Roll Call Vote:
Ayes -
Nays -
/8b
.
.
5/7/91
RESOLUTION NO. 42-91
A RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR
JOHNSON'S FIRST ADDITION
WHEREAS, Ronald R. Johnson (Applicant) has an interest in certain
land within the City of Shorewood and has applied to the Council for
preliminary approval of a plat to be known as Johnson's First Addition;
and
WHEREAS, the Applicant's request has been reviewed by the City
Planner and his recommendations have been duly set forth in a Memorandum
to the Planning Commission, dated 28 March 1991, which Memorandum is on
file at City Hall; and
WHEREAS, a public hearing was held by the Shorewood Planning
Commission on 2 April 1991, for which notice was duly published and all
adjacent property owners duly notified, the minutes of which meeting are
on file at City Hall,.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Shorewood:
That the Applicant request for preliminary plat approval of
Johnson's First Addition is hereby granted.
That such approval is subject to the recommendations set forth in
the City Planner's Memorandum dated 28 March 1991 and the recommendations
set forth in the minutes of he Planning Commission meeting of 2 April 1991
as follows:
1. Front setbacks for the three lots shall be maintained at 35 feet.
2. The resubdivision sketch submitted by the applicant shall be used
as a guide for future development of the property and all future
divisions shall through the use of formal plats. No development
shall be permitted on Outlot A prior to the time it is replatted.
3. At such time as the northwest corner of the property is platted,
the applicant shall dedicate the designated wetland portion of
the property or provide a drainage and conservation easement over
it to the City for protection of the wetland area.
4. Drainage and utility easements 10 feet in width on each side of
each side and rear lot line line shall be provided to the City.
/
~o A - \
• •
5. Prior to final plat approval, the developer shall provide a
detailed grading plan for the three residential lots. Grading
and drainage shall be subject to review and approval by the City
Engineer and the Watershed District.
6. The homes built on Lots 1 -3 shall be designed to fit the sites.
7. The applicant shall pay park dedication fees totaling $2,250.
8. The applicant shall submit to the City a final plat wthin six
months of preliminary plat approval, and shall include as part of
the final plat, proposed covenants and restrictions for review
and approval by the City. Such covenants and restrictions shall
be the same as the Declaration of Covenants, Conditions,
Restrictions and Reservations for Waterford.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 22d day of
April, 1991.
Barbara J. Brancel, Mayor
ATTEST:
James C. Hurm
City Administrator /Clerk
Roll Call Vote:
Ayes - Brancel, Daugherty, Lewis, Stover, Gagne
Nays - 0
t
CK NO
.
.
CHECK APPROVAL LISTING FOR MAY 131 1991 COUNCIL MEETING
TO WHOM ISSUED
CHECKS ISSUED SINCE APRIL 18. 1991
6631
6632
6633
6634
6635
6636
6637
6638
6639
6640
6641
6642
6643
6644
6645
6646
6647
6648
6649
6650
6651
6652
6653
6654
6655
6656
6657
6658
6659
6660
6661
6662
6663
6664
6665
6666
6667
6668
6669
6670
6671
6672
(G)
(G)
(L)
(G)
(G)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(G)
(L)
(L)
(L)
(L)
(L)
(G)
(G)
(G)
(G)
(G)
(G)
MN Department of Health
VOID
Marquette Bank Mpls
Commissioner of Rev.
Candy Snyder
Sandra Kennelly
Bellboy Corporation
Copier Alternatives
Franck's Trucking
Griggs I Cooper and Co.
Johnson Brothers Liquor
Leukemia Society
Minnegascol Inc.
National Guardian
Ed Phillips & Sons
POgreba Distributing
Quality Wine/Spirits
US West Communications
Petty Cash
Bradley Nielsen
Hennepin Cty Fair
Mr. Thomas Moll
Joseph Pazandak
Janice Haugen
Froberg & Ahern, P.A.
Commisso of Revenue
First State Bank
PERA
ICMA Retirement Trust
City Cty Credit Union
Child Support Enforce.
Bellboy Corporation
Griggs I Cooper and Co.
Johnson Brothers Liquor
Northwest Typewriter Ex.
Ed Phillips and Sons
Takashi and Atsuko Ito
Sensible Land Use Coal.
Brad Johnson/City Exc.
Visu-Sewer Clean & Seal
Sandra Kennelly
MN Mutual Life
CONTINUED NEXT PAGE
PURPOSE
Appl. fee-Treatment plant
Balance of investment FNMA
March 1991 sales tax
Recycling award
Severance pay
Liquor purchases
Copier maint. contract
Liquor and wine purchases
LiquorI wine and misc. purch
Wine purchases
Contributions from store II
Utilities
Security system monitoring chg
Liquor and wine purchases
Beer and misc. purchases
Liquor and wine purchases
Utilities
Soapl mileage, parking
Section 125 reimbursement
Olde Tyme Fair contributions
Recycling award
Section 125 reimbursement
Council pay for May 1980
State deed tax/conserv. fee
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Liquor purchases
Liquor and wine purchases
Liquor and wine purchases
Cash register ink units
Liquor and wine purchases
Recycling award
SLUC Mem./conf. registration
Safety training-Public Works
Payment voucher # 2 and final
Section 125 reimbursment
Ace/Sick insurance-May
-1-
AMOUNT
$ 11000 . 00
r;m .22
8,941.66
125.00
281200.00
2,234.68
~.OO
40.00
21975.68
1,986.82
19.00
41. 03
275.55
1,825.68
1,956.25
1,149.97
238.88
18.62
140.00
:0.00
:0.00
132.00
100.00
135.9)
775.45
4,724.25
1,675.29
39J.00
00.00
178.2:1
3,586.35
3,713.53
1,602.66
13.00
497.61
25.00
00.00
00.00
1,031.44
2:1.00
102.00
~~
CK NO
.
.
CHECK APPROVAL LISTING FOR MAY 13, 1991 COUNCIL MEETING
TO WHOM ISSUED
PURPOSE
AMOUNT
~HECK ISSUED (CONTINUED)
6673 (G)
6674 (G)
6675 (G)
6676 (G)
6677 (G)
6678 (G)
6679 (G)
6680 (G)
6681 (L)
6682 (L)
6683 (L)
6684 (L)
6685 (L)
6686 (L)
6687 (L)
6688 (L)
6689 (L)
6690 (G)
6691 (G)
6692 (G)
6693 (G)
6694 (G)
6695 (G)
6696 (G)
6697 (G)
6698 (G)
6699 (G)
Commercial Life Ins.
League of MN Cities
Group Health, Inc.
Medcenters Health Care
Physicians Health Plan
Twin City Striping
University Travel
Petty Cash
Bellboy Corporation
Griggs,Cooper and Co.
MN Bar Supply
Harry Niemela
Northern States Power
Ryan Properties, Inc.
Ed Phillips and Sons
Quality Wine/Spirits
Waste Management-Savage
Daniel Randall
Bradley Nielsen
Commisso of Revenue
First State Bank
PERA
PERA
City Cty Credit Union
AFSCME Local #224
Child Support Enforce.
ICMA Retirement Trust
Employee life ins-May
Employee dental ins-May
Employee health ins-May
Employee health ins-May
Employee health ins-May
Road striping
GFOA conference airfare-Rolek
Petty cash reimbursement
Liquor purchases
Liquor, wine and misc. purchases
Misc. and supplies purchases
May rent for store I
Utilities
May rent for store II
Liquor and wine purchases
Liquor and wine purchases
Utilities
Section 125 reimbursement
Section 125 reimbursement
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
Payroll deductions
TOTAL GENERAL
TOTAL LIQUOR
TOTAL CHECKS ISSUED
-2-
32.3)
362.13
321.. 46
477.2)
4,282.00
2,000.00
139 .00
42.56
1,502.46
3,417.91
. 186.29
1,428.00
169.70
2,115.00
1,552.97
2,203.11
218.00
12) .00
140.00
848.54
5,197.05
1,663.27
15.00
45.00
126.70
178.2)
157.50
56,148.28
43,922.44
100,070.72
CK NO
.
.
CHECK APPROVAL LISTING FOR MAY 13, 1991 COUNCIL MEETING
TO WHOM ISSUED
~HECKS FOR COUNCIL APPROVAL
6700
6701
6702
6703
6704
6705
6706
6707
6708
6709
6710
6711
6712
6713
6714
6715
6716
6717
6718
6719
6720
6721
6722
6723
6724
6725
6726
6727
6728
6729
6730
6731
AT & T
Airsignal, Inc.
American Linen Supply
Assoc Consultants
Browning-Ferris Indust.
Bryan Rock Products
CH Carpenter Lumber
Cellular One
City of Chanhassen
Chapin Publishing
Chaska Parts/Service
Chippewa Topsoil
Commers Conditioned Wtr
Communications World
Crosstown-OCS, Inc.
Rolf E.A. Erickson
City of Excelsior
Feed-Rite Controls
FINA Fleet Fueling
Froberg & Ahern, P.A.
Gopher State One-Call
Gross Office Supply
Hennepin Cty Treasurer
Hennepin Cty Treasurer
Hennepin Cty Treasurer
Knutson Services
Lowell's
MAC Tools
MacQueen Equipment, Inc.
HC Mayer and Sons
Midwest Asphalt Corp.
Midwest Bbusiness Prod.
CONTINUED NEXT PAGE
PURPOSE
AMOUNT
Utilities $
Beeper services
Laundry services
Engineering services
Satellite rental
Ballfield mix/rock-road repair
Sand and maibox post
Air time for cellular phone
Animal patrol services-3/91
Water treatment plant pUblishing
Public works vehicle supplies
Black dirt/parks
Water cooler rental
Phone system services
Coffee and towels-City Hall
Assessing fee/supplies-May
Water purchase for first 1/4
Demurrage charge
Unleaded gasoline purchases
Legal services for April
on-going 40.00
develop. 80.00
TIF 740.00
general 1,620.00
prosecution 2,795.00
litigation 2,920.00
disburse. 132.50
retainer 250.00
One-call services
Public works office supplies
Shady Hills property owner list
County postage
March prisoner expense
Recycling services for April
Shop supplies
Shop tools-supplies
Gutter brooms
Oil/grease for pw vehicles
Hot mix for road repair
Office supplies
-3-
27.85
9.00
487.10
24,000.00
'l15l . 75
2,591.80
39.39
40.23
975.85
92.00
ro.70
285.00
22.50
:8.00
77.85
2,747.09
1,836.31
50.00
255.93
8,577.50
45.00
22.03
47.00
26.25
1,349.82
4,138.00
50.89
94.00
194.00
252.50
122.26
145.36
CK NO
.
.
CHECK APPROVAL LISTING FOR MAY 13, 1991 COUNCIL MEETING
TO WHOM ISSUED
PURPOSE
AMOUNT
CHECKS FOR APPROVAL(CONTINQED)
6732
6733
6734
6735
6736
6737
6738
6739
6740
6741
6742
6743
6744
6745
6746
6747
6748
6749
6750
6751
6752
6753
6754
6755
6756
6757
6758
6759
6760
Minnegasco, Inc.
MN Conway Fire/Safety
MN State Treasurer
MN Suburban Publications
MN UC Fund
City of Minnetonka
Munitech, Inc.
North Star International
Northern States Power
Northern States Power
Northwest Mechanical
Olsen Chain & Cable Co.
Joseph Pazandak
Pepsi-Cola Company
Pepsi-Cola Company
Power Brake & Equipment
precision Computer Sys.
PERA
Shorewood Tree Service
Snap Print
Katie Snyder
Star Tribune
Sure Electric
Tonka Auto
City of Tonka Bay
US West Communications
WMI Services of MN
City of Wayzata
Widmer, Inc.
Utilities
Fire extinguisher serv~c~ng
Services rendered-Kennelly term
Publishing
Unemployment charges
First quarter water purchase
Water/sewer services for May
Public works vehicle parts
Utilities-Street lights
Utilities
Well repair supplies
Public works vehicle repair parts
Protective inspection mileage
Pop purchases for City Hall
Pop machine rental
Public works vehicle repair parts
Program update tapes
Additional amount-R. Gagne
Brush hauling services
Printing services
Council/board of rev minutes
Consulting services pUblishing
Light installation
Public works vehicle parts
First quarter water/sewer
Utilities
Balance on Manor warming hse
Printing cost for recycling card
Silver Lake Trail services
TOTAL CHECKS FOR APPROVAL
TOTAL CHECK APPROVAL LIST
-4-
60.04
7.r:fJ
1,607.20
228.22
3,518.05
791.19
5,800 . 00
125.99
17.05
8&).~
160 .00
35.42
127 . 73
62.65
10.00
4.64
105.00
30.93
7r:fJ.00
Z71. 65
2r:fJ.00
266.00
114.67
147.16
E.gJ
629.02
15.00
59.09
3.232.00
68.711. 29
168.782.01
. .
CHECK APPROVAL LISTING FOR MAY 13, 1991 COUNCIL MEETING
CK NO TO WHOM ISSUED HOURS AMOUNT
PAYROLL REGIS~ER FOR APRIL 23. 1991 PAYROLL
205069 VOID
205070 (L) Scott Bartlett 8.5 reg hours $ 47.75
205071 (G) Charles Davis 80 reg hours 444. 51
205072 (G) Wendy Davis 80 reg hours 640.95
205073 (L) Kevin Foss 11.5 reg hours 61.20
205074 (L) John Fruth 22 reg hours 102. 23
205075 (G) Patricia Helgesen 80 reg hours 768. 60
205076 (L) Brian Jakel 47 reg hours 2)9 . 66
205077 (G) Dennis Johnson 80 reg hours 736. 76
205078 (L) William Josephson 80 reg hours 600.57
205079 (L) Mark Karsten 41 reg hours 186 . 39
205080 (G) Anne Latter 80 reg hours 556.75
205081 (L) Susan Latterner 36.5 reg hours 170.16
205082 (G) Joseph Lugowski 80 reg hours 734. 79
205083 (L) Robert Lynch 11. 5 reg hours 61.20
205084 (L) Russell Marron 44 reg hours 21.6.69
205085 (L) Kelly,Michelson 21 reg hours 98.04
205086 (G) Lawrence Niccum 80 reg hours 632 . 89
205087 VOID
205088 (G) Bradley Nielsen 80 reg hours 930. 65
205089 (G) Joseph Pazandak 80 reg hours 844.08
205090 (G) Daniel Randall 80 reg hours 729.14
205091 (L) Brian Roerick 10 reg hours 51.97
205092 (G) Alan Rolek 80 reg hours 958 . 32
205093 (L) Brian Rosenberger 15 reg hours 73.91
205094 (L) Christopher Schmid 80 reg hours 480 . 03
205095 (L) Craig Scholle 31.5 reg hours 142.01
205096 (G) Howard Stark 82 reg hours 600 . 66
205097 (L) James Tews 12 reg hours 56.62
205098 (G) Ralph Wehle 80 reg hours :84.73
205099 (L) Dean Young 80 reg hours 565. 51
205100 (G) Donald Zdrazil 80 reg hours 1,054.92
205101 (G) Susan Niccum 80 reg hours 587 . 2 7
TOTAL GENERAL 10,805.02
TOTAL LIQUOR 3,123.94
TOTAL PAYROLL
13,928.96
-5-
. .
CHECK APPROVAL LISTING FOR MAY 13, 1991 COUNCIL MEETING
CK NO. TO WHOM ISSUED HOURS AMOUNT
PAYROLL REGISTER FOR MAY 7. 1991 PAYROL4
205102 VOID
204103 (L) Scott Bartlett 21 reg hours $ 117 . 96
205104 (G) Barbara Brancel Mayor 197.10
205105 (G) Robert Daugherty Council 147.82
205106 (G) Charles Davis 82 reg hours 443.20
205107 (G) Wendy Davis 80 reg hours 640. 93
205108 (L) Kevin Foss 10 reg hours 53.22
205109 (L) John Fruth 17 reg hours 81.29
205110 (G) Robert Gagne Council 142 . 50
205111 (G) Patricia Helgesen 80 reg hours . 768. 60
205112 (L) Dave Holmgren 3 reg hours 14.78
205113 (G) James Hurm 80 reg hours 1,444.28
205114 (L) Brian Jakel 55 reg hours 240 . 66
205115 (G) Dennis Johnson 80 reg hours 701.88
205116 (L) William Josephson 80 reg hours 600.57
205117 (L) Mark Karsten 10.5 reg hours 52.74
205118 (G) Anne Latter 80 reg hours 556.75
205119 (L) Susan Latterner 36 reg hours 168. 22
205120 (G) Todd Latterner 35 reg hours 295.36
205121 (G) Daniel Lewis Council 147 . 82
205122 (G) Joseph Lugowski 82 reg hours 716.68
205123 (L) Robert Lynch 24 reg hours 127 . 72
205124 (L) Russell Marron 32.5 reg hours 163 . 64
205125 VOID
205126 (G) Lawrence Niccum 80 reg hours 614.80
205127 (G) Susan Niccum 80 reg hours, 1 OT 599 .10
205128 (G) Bradley Nielsen 80 reg hours 866 . 20
205129 (G) Joseph Pazandak 80 reg hours 844.08
205130 (G) Daniel Randall 82 reg hours 727 . 82
205131 (L) Brian Roerick 3 reg hours 15.97
205132 (G) Alan Rolek 80 reg hours 958. 33
205133 (L) Brian Rosenberger 18 reg hours 88.69
205134 VOID
205135 (L) Craig Scholle 18 reg hours 85.47
205136 (L) Erica Shaw 7 reg hours 37.25
205137 (G) Howard Stark 80 reg hours 565. 78
205138 (G) Kristi Stover Council 150 . 00
205139 (L) James Tews 34 reg hours 141. 92
205140 (G) Ralph Wehle 80 reg hours 566 . 63
205141 (L) Dean Young 80 reg hours 565.51
205142 (G) Donald Zdrazil 80 reg hours 1,095.04
205143 (LO Christopher Schmid 80 reg hours 478.88
TOTAL GENERAL 13,190.70
TOTAL LIQUOR 3 .034.49
TOTAL PAYROLL 16 ,225.19
-6-