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072798 CC Reg AgPh � tis ry CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 27, 1998 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Immediately following the regular portion of the meeting, the Council will convene in Work Session format. No action will be taken at this time. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Roll Call Mayor Dahlberg Stover O'Neill Garfunkel Champa B. Review Agenda C . Presentation of Appreciation 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes July 13, 1998 (Att. - #2 Minutes) 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: A. A Motion to Authorize Amendments to Contract with Senior Community Services for Cleaning Services (Att.43A Propose Contract) B . A Motion to Adopt a Resolution Approving a Temporary Gambling License - Clarence Clofer Auxiliary Unit #259 (Att.43B Proposed Resolution) C . A Motion to Adopt a Resolution Amending the Developer's Agreement for R. Bowman Second Addition (Att. -#3C Planner's Memorandum & Proposed Resolution) NOTE: Give the public an opportunity to request an item be removed from the Consent Agenda. Comments can be taken or questions asked following removal from Consent Agenda. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) 5. PARKS - Report by Representative A. Report on the July 14, 1998 Park Commission Meeting (Att.45A Draft Minutes) B . A Motion Accepting the 1997 -98 Snowmobile Season Report - Presentation by Jeff Keller (Att.45B Report) - CITY COUNCIL AGENDA - JULY 27, 1998 PAGE 2 OF 2 C. A Motion Accepting the Proposed Tournament Policy (Att. -#5C Proposed Policy) 6. PLANNING - Report by Representative A. A Motion Directing Staff to Prepare a Resolution Approving A Preliminary Plat - Christmas Shores (Att. -#6A Planner's Memorandum) Applicant: Keith Waters Location: 5715 Christmas Lake Road B. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Special Home Occupation (Att. -#6B Planner's Memorandum & Proposed Resolution) Applicant: Doug Kurkowski Location: 27200 West 62nd Street 7. CONSIDERATION OF A MOTION REGARDING REQUEST FOR STOP SIGN AT INTERSECTION OF MAPLE LEAF CIRCLE AND SHOREWOOD OAKS DRIVE (Att.47 Administrator's Memorandum, Letters of Request and Background Documentation) 8. CONSIDERATION OF A MOTION TO APPROVE A LEASE AGREEMENT FOR AN OUTLOT FOR WATERFORD HOMEOWNERS ASSOCIATION FOR AN ENTRY MONUMENT SIGN (Att. - #8 Proposed Agreement) 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT FOR WILTSEY LANE. IMPROVEMENTS AND ESTABLISHING A PUBLIC IMPROVEMENT HEARING (Att. -#9 Proposed Resolution and Feasibility Report) Engineer's Report on Informational Meeting Held July 23, 1998 10. CONSIDERATION OF A MOTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH SHOREWOOD VILLAGE SHOPPING CENTER INC. (Att. - #10 Finance Director's Memorandum & Proposed Agreement) 11. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring 12. MAYOR & CITY COUNCIL REPORTS Mayor's Report on Meeting Held July 27 to Discuss the Excelsior Fire Contract 13. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS (Att. -#13) CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall @shorewood.state.net Executive Summary Shorewood City Council Meeting Monday, July 27,1998 Remember to come at 6:30 p.m. to have cake with Dan Randall before the ~ Council meeting. Item #1C is a presentation to Dan for 25 years of service to the City. d Agenda Item #3A: The contract amendment provides for the cleaning of the Public Works facility in addition to the City Hall. It also extends the terms of the contract through ? .< December 31, 1998 with a 5% increase for the City Hall portion of the contract for the year 1999. s Agenda Item #313: This resolution approves a temporary gambling license for the American Legion Auxiliary for a raffle to be held November 8. q1 5 Ry . Agenda Item #3C: In 1995 the City of Shorewood and the City of Deephaven approved a plat for Richard Bowman, which straddles the border of the two cities. A condition of ` approval was that a landlocked parcel of land located in Deephaven was not to be sold separately from Mr. Bowman's homestead parcel at 20025 Manor Road in Shorewood. The original development agreement mistakenly attaches the landlocked parcel to a vacant lot. The proposed resolution is considered by staff to be a "housekeeping" matter and approval is recommended. Approval requires a simple majority vote by the Council. Agenda Item #513: Police Officer Jeff Keller will be present to briefly review the 1997- 1998 snowmobile report with the Council. One suggestion raised at the Park Commission meeting was that graphs could be used to illustrate the change in data from year to year. It would be helpful to us if the Council would review the report and let us know what trends you would like to see graphed. We would ask that you keep in mind that each snow season can vary significantly depending upon the number of good snowmobile days. Also included in the report is an analysis of snowmobile costs for 1996, 1997 and 1998 as of July 21, 1998. Agenda Item #5C: In the packet is enclosed a tournament application which spells out the tournament policies recommended by the Park Commission. The Commission has been working on these policies for some time. They should be approved by the City Council by motion. % PRINTED ON RECYCLED PAPER Agenda Item #6A: Keith Waters proposes to subdivide the old Interstudy property, located at the northwest corner of Christmas Lake, into five single - family homesites. The property contains approximately seven acres and is zoned R -IA/S. The plat will be accessed by a new road extending from merry Lane, which also serves as access to the Christmas Lake public boat launch. As part of the proposal Mr. Waters will provide access to two existing lots on the east side of the peninsula. These lots are currently accessed by a private driveway extending through the public access. The new lots all equal or exceed the requirements of the Shorewood Zoning Code. Mr. Waters has agreed, in response to concerns by the Planning Commission, to limit the location of docks on two of the new lots. Staff has recommended approval of the preliminary plat and the Planning Commission agreed unanimously. Council approval requires a simple majority vote. Agenda Item #6B: Mr. Doug Kurkowski proposes to conduct a telephone headset distributing business from his new home at 27200 West 62 ° Street. Since the business will be conducted in an accessory building, and at least one person who does not reside on the premises will work there, he had requested a conditional use permit for a special home occupation permit. The primary issue concerning the Planning Commission was the number of employees who will work from the site. Their recommendation specifically states that the number of outside employees will be limited to one, which is consistent with the current zoning regulations. Approval of the draft resolution requires a four - fifths vote by the Council. Agenda Item #7: Included in the packet is the material distributed last time as well as new communications received at City Hall concerning the Shorewood Oaks stop sign question. Please review this material along with the cover memorandum. Agenda Item #8: The City Attorney has prepared a draft lease agreement that will allow the Waterford Homeowner's Association to lease City property at the northwest corner of Old Market Road and Covington Road for purposes of constructing an entry monument sign for Waterford. Approval requires a simple majority vote by the Council. Agenda Item #9: Residents around the Wiltsey Lane improvement project area have been notified that the feasibility report is being considered by the Council Monday evening. A second public information meeting was held July 23. The resolution would accept the 4F feasibility report and establish a date for the public hearing. Agenda Item #10: The lease for the liquor store located in the Shorewood Shopping Center is up for renewal. The Council has reviewed a draft lease agreement in a June work session. Comments from that session have been discussed with the shopping center management and incorporated in the new draft agreement. The lease would run from 1/1/97 to 12/31/01 and the rent would go from $6.00 to $10.00 per square foot over that timeframe, plus common area maintenance and property taxes. The lease includes a provision for the City to terminate early with a 4 month written notice if it closes its liquor operations. Approval of the 5 -year lease would extend operations at this location through December 31, 2001. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 13, 1998 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. A - 3 F T Mayor Dahlberg called the meeting to order at 7:02 p.m. A . Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown B. Review Agenda Mayor Dahlberg read the Agenda for July 13, 1998. The agenda was approved as submitted. 2. APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - June 22, 1998 The City Council Regular Meeting Minutes for June 22, 1998, were approved as submitted. B . City Council Work Session Minutes - June 22, 1998 The City Council Work Session Meeting Minutes for June 22, 1998, were approved as submitted. C . City Council Work Session Meeting Minutes - June 29, 1998 The City Council Work Session Meeting Minutes for June 29, 1998 were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg noted an objection had been received relative to utilizing a church facility as a polling place. Councilmember Stover pointed out the requested action is making an address correction. Mayor Dahlberg felt this issue could be discussed at some future time. Stover moved, Champa seconded approving the items on the Consent Agenda and Adopting the Resolutions therein: A . A Motion Approving a Sign Permit for Amoco (currently Fina) Applicant: Suburban Lighting, Inc., on behalf of Oasis Market Location: 24365 Smithtown Road B . A Motion to Amend Resolution 98 -051 Establishing a Polling Place for Precinct III for All Future Elections M CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 2 C. A Motion Adopting ORDINANCE NO. 337 "An Ordinance Extending a Moratorium on the Siting of Wireless Telecommunications Facilities within the City of Shorewood" D. A Motion Adopting RESOLUTION NO. 98 -071 "A Resolution Appointing a Vice Chair to the Planning Commission" Motion passed 510. 4. MATTERS FROM THE FLOOR - None 5. PARKS - Report by Representative A. Report on June 23, 1998 Park Commission Work Session Commissioner Arnst reported on the matters considered and actions taken at the June 23, 1998 work session meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING - Report by Representative Planning Director Nielsen reported on the matters considered and actions taken at the July 7, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). 7. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING AN OUTLOT FOR WATERFORD HOMEOWNERS ASSOCIATION FOR AN ENTRY MONUMENT SIGN Mayor Dahlberg opened the public hearing at 7:17 p.m. Planning Director Nielsen explained the request in detail. Cheryl Samples, Chair of the Waterford Landscape Committee, was in attendance to discuss this issue and stated the annual lease amount is acceptable to the Association. Mayor Dahlberg asked whether all liability issues are clarified by the lease agreement. Attorney Dean explained they will be addressed in the form of a lease which will be presented to the Council for their approval at a later date. Mayor Dahlberg noted the Association will be responsible for any liability relative to this area. Attorney Dean stated normally the area of concern relative to liability would be the area immediately surrounding the sign. The Association will be indemnifying the City from any claims and will be required to provide proof of insurance coverage, naming the City as an additional insured. The Association will hold the City harmless and will be responsible for any applicable tax liability. Attorney Dean noted the tax liability will be relatively small. John Mashoff, a member of the Board of Directors of the Waterford Homeowners Association, stated the lease agreement and the conditions contained in that agreement have not been discussed at the Board level although the lease amount appears reasonable. Mr. Mashoff stated this lease agreement will need to be reviewed by the Association's legal counsel, however, he felt agreement could be reached relative to the terms and length of the lease. CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 3 Councilmember Stover commented when a government entity owns property, they are not required to pay property tax. Attorney Dean stated this would be true when the property is devoted to a public purpose. When leasing property to a private entity for a period of three years or longer, the property then becomes subject to taxation. Hearing no public testimony, Mayor Dahlberg closed the public hearing at 7:21 p.m. Stover moved, O'Neill seconded directing staff to prepare a lease agreement regarding an outlot for Waterford Homeowners Association for an entry monument sign. Motion passed 510. 8. CONSIDERATION OF A PETITION BY ST. ALBANS BAY RESIDENTS Administrator Hurm reported the City, along with the City of Greenwood, has received a petition requesting greater traffic enforcement on St. Albans Bay Road. He explained a radar unit will be placed on St. Albans Bay Road the week of July 12. Over the following four to six weeks, officers will be patrolling the area on an intermittent basis with emphasis on rush hours. Once this monitoring is completed, a report will be submitted to the Greenwood and Shorewood City Councils. Mayor Dahlberg expressed concern the speed monitoring device will actually slow the traffic in the area which would impact the results of the study which is being undertaken. Mayor Dahlberg suggested not displaying the speeds which are being registered at the beginning of the study and at some later point, once data has been collected, the speeds could be displayed as a means to reduce the speed in the area. Councilmember Stover inquired whether there has been any request made to the State of Minnesota requesting approval of the currently posted 25 mile per hour speed limit, noting a request can be made for a lower speed limit based on the condition of the roadway. Engineer Brown explained the City does not have the authority to post the speed limits. If the Council chooses to study a speed limit and to have it reduced, the Council would be required to adopt a formal resolution asking the Commissioner of Transportation to set that speed limit. Upon the request of the City Council, the Commissioner of Transportation would conduct a speed study and then establish a speed limit which could be higher or lower than the speed limit the City is requesting. Councilmember O'Neill stated the police department is aware of the situation and will be spending more time in this area. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT FOR WILTSEY LANE IMPROVEMENTS AND ESTABLISHING A PUBLIC IMPROVEMENT HEARING Engineer's Report on Informational Meeting with Wiltsey Lane Residents Held June 24, 1998 Engineer Brown reviewed this matter and also reported on the informational meeting which was held on June 24, 1998, with residents of Wiltsey Lane. CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 4 Brown provided the Council with a comparison of maintenance costs for an aggregate roadway versus a paved roadway. Mayor Dahlberg noted the cost of reconstruction would need to be added to the total cost for a paved roadway as part of the overall 30 -year cost. Brown explained five residents were in attendance at the information meeting, however, none of those residents live on Wiltsey Lane. Mr. Plantikow had indicated he would not be able to attend because he felt he did not receive sufficient notice to enable him to attend the meeting. Francis McMahon, 6165 Pleasant Avenue, was in attendance and felt there had been sufficient notice to allow attendance at the information meeting. Mr. McMahon stated he would be opposed to scheduling another meeting because he would like this issue resolved. Mr. McMahon did not have a position on whether the improvements take place or not so long as he would not be assessed for the improvements. Mayor Dahlberg stated it is anticipated the homes on Pleasant Avenue would not be assessed for this improvement. Mayor Dahlberg stated he would like to have some indication of the interest of the residents to pursue the improvements before scheduling another informational meeting. Councilmember Garfunkel felt this interest would be driven by the cost involved. Tom Plantikow, 24750 Wiltsey Lane, was in attendance and he inquired whether there would be a cost to residents for the improvement. Mayor Dahlberg related his belief the residents would be required to pay a minimum of one -half of the cost and possibly all of the cost. He commented the amount being assessed would be extended over a number of years, subject to interest charges. Mayor Dahlberg stated he would be willing to consider a 50150 assessment since one side of the roadway cannot be developed. Councilmembers Garfunkel and O'Neill felt this should be discussed at a future meeting. Councilmember Garfunkel suggested scheduling another public information meeting. Brown felt the central issue of the information meeting will be the question of cost. Councilmember O'Neill stated based on the two scenarios, the cost will probably be in the area of $500 per year for 15 years or $250 per year for 15 years. Mayor Dahlberg was in favor of scheduling another public information meeting to obtain more feedback from the residents. In addition, he pointed out there are future potential costs involved as well which should be discussed. 9 O'Neill moved, Stover seconded directing staff to establish a Public Information Meeting for July 23, 1998 at 7:00 p.m., with notices to be hand delivered by staff, and tabling the acceptance of the Feasibility Report for Wiltsey Lane Improvements. Motion passed 510. 10. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Nielsen reported on the Smithtown Meadows development noting the homes are all built, however, the wear course on the street has not been completed and the landscaping, although partially done, has not been fully completed. The developer was given a deadline of June 29, 1998 to complete this work and it has not been completed. The City will draw on the developer's Letter of Credit and complete the improvements. CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 5 Mayor Dahlberg expressed concern this may actually be to the advantage of the developer in that the City becomes the contractor. Nielsen explained the developer would be able to complete the work more inexpensively than the City will. Attorney Dean explained drawing on a developer's Letter of Credit does impact the developer's future banking relationships. In addition, Nielsen explained the City does assess an administrative fee and it is to the advantage of the developer to complete the work himself. Nielsen also reported on the Watten Ponds project noting the wear course has been completed and the trees have been planted as of today. Staff will review this work to determine whether it is in conformance with the approved plans. B . Report on Shoreline Messages Received Hurm reviewed the messages which were received on the Shoreline (as detailed in the City Council packet for July 13, 1998). C . Report on Storm Clean -Up • Engineer Brown reported all curbside pick up has been completed. The tub grinder has returned to the Freeman Park drop site with a new contractor and he is making substantial progress. Brown noted there are wood chips available free of charge to anyone wanting them. Brown also reported the City has obtained Federal Emergency Management Assistance through a declaration by Governor Carlson. This will provide the City with an opportunity to recover some expenses which were incurred relative to storm damage clean up. Councilmember Champa noted there are a number of residents who have not cleaned up their yards. Councilmember Stover explained in her case, tree removal will require the services of a tree service and those companies are not yet available to perform this work. Councilmember Champa raised the issue of whether the Council would consider a change in the storm damage clean up policy to accommodate the residents who will have trees which need to be disposed of, but were unable to during the storm damage clean up. Councilmember Stover stated she would not expect the City to handle this. • Administrator Hurm explained that at this time the City does not know how much of the expenses incurred will be reimbursed. He has been advised the City will not be reimbursed for the regular hours of Public Works employees. Overtime hours and a portion of the grinding expense will be eligible for reimbursement. Hurm was uncertain whether the City would be able to recover expenses which are incurred as a result of extending the storm damage clean up efforts. Councilmember Stover did not feel it to be the responsibility of the City to fund any remaining clean up. Mayor Dahlberg noted his agreement and noted this is an issue of equity. D . Administrator's Report on Request for Stop Sign at Maple Leaf Circle Hurm reported on this issue and suggested residents within Shorewood Oaks and along Strawberry Lane received notification. Two stop signs were removed along Shorewood Oaks Drive at Maple Leaf Circle and placed at Oak Leaf Trail. The residents along the cul -de -sac are requesting stop signs be placed at the intersection of Shorewood Oaks Drive and Oak Leaf Trail. CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 6 It was the consensus of the Council this issue will be discussed at the next meeting. With respect to notification, the Council was in agreement notice will give given to the residents of Strawberry Lane. E. Review Work Session Schedule and Council Priority Mid -Year Report It was noted there will not be a work session held on Monday, July 20th. The Natural Resources Section of the Comprehensive Plan will be discussed at the July 27, 1998, work session, immediately after the regular Council meeting. Home Occupation Permits, Disaster Preparedness and the Policy Survey will be considered at a work session scheduled for August 3, 1998. The Capital Improvement Program and Sump Pump Ordinance will be discussed at the August 10, 1998 work session which is scheduled to follow the regular Council meeting. The Capital Improvement Program and Assessor Interviews will be considered at the August 17, 1998, work session. The Council will also meet with two candidates for the Telecommunications Consultant position. A work session is scheduled for August 24, 1998, to discuss the 1999 Budget Review at the conclusion of the regular Council meeting. In addition, a work session has been scheduled for August 31, 1998, at which time the Capital Improvement Program and the Budget will be discussed as well. With respect to the Ad Hoc Land Conservation Committee, Hurm explained the goal is to have a report to Council in early November. He stated he is pleased with the Committee and the progress it is making. Councilmember O'Neill noted there has been an unwritten policy that comments from the floor cannot be longer than three minutes. He noted once a public hearing is closed, the Planning Commission does not allow any further public comment. Councilmember O'Neill suggested the Council discuss this and make adjustments to reflect the style of the current Council. • 11. MAYOR & CITY COUNCIL REPORTS Councilmember O'Neill reported the cruise honoring the Police Reserves went well and Officer Rogers was named Reserve Officer of the Year for the second year. Report on June 29, 1998 Work Session + Policy Survey + Adult Use Regulations + Telecommunications Consultant Mayor Dahlberg reported on the June 29, 1998, Council work session in which the issues of policy survey, adult use regulations and a telecommunications consultant were discussed (as detailed in the minutes of that meeting). CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1993 - PAGE 7 17. ADJOURNMENT Stover moved, Garfunkel seconded adjourning the regular meeting at 9:00 p.m. subject to the approval of claims. Motion passed 510. RESPECTFULLY SUBMITTED Cheryl Wallat, Recording Secretary Timesaver Off Site Secretarial, Inc. ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR 0 A AGREEMENT TO PROVIDE CLEANING SERVICES AT SHOREWOOD CITY HALL AND PUBLIC WORKS FACILITIES THIS INDEPENDENT CONTRACTOR AGREEMENT, made this day of 19_, by and between THE CITY OF SHOREWOOD, a Minnesota municipal City, (the City) and Senior Community Services Contractor). INTRODUCTION: WHEREAS, the City is a Minnesota - municipal City engaged in the business of providing municipal services; and WHEREAS, the City desires to retain the Contractor to provide Janitorial Services by Drew Kriesel, 5425 Howards Point Road, Shorewood, Minnesota, and both parties desire to enter into an agreement for such services upon the terms and conditions contained herein; and WHEREAS, the Contractor will, pursuant to this agreement, render services in the course of an independent occupation representing the will of the City only as to the result of the work and not as to the means by which it is accomplished. NOW, THEREFORE, in consideration of the mutual promises contained herein, IT IS HEREBY AGREED: 1.) Term - The term of this Agreement shall commence on the date hereof and shall continue through December 31, 1999$ -n enths u nless terminated earlier as provided herein by Section 7. The parties may extend the term for an additional twelve (12) month period by written agreement. 2.) Extent of Services The Contractor is free to devote time, attention and energy to other businesses in which the Contractor may • be engaged. The Contractor is not in any way granted an exclusive right to undertake janitorial services for the City. (a) The Contractor will be paid $ "0 5230.00 per month for the cleaning of Citv Ha ll and S162.50 for the cleaning of the Public Works Facility Starting January, 1999, the monthlv amount for cleanin City Hall shall increase to $241.50. The Contractor will be responsible for billing the City on a monthly basis. (b) The Contractor will perform all services listed on Exhibit A and attached hereto. (c) The Contractor will coordinate work with the Executive Secretary /Deputy Clerk. (d) The Contractor is responsible for all costs associated necessary cleaning supplies, equipment and required insurance. J:�3'/q (e) The Contractor will be available for on an on -call basis when available. 4.) Remuneration - Subject to the provisions of Section 7, said City agrees to pay the Contractor rte. 90 amount p er month specified above in accordance with the City's general payment practice. 5.) Tools and Transportation - The Contractor is responsible for, and will provide, all necessary tools and transportation in connection with the performance of any work for the City. 6 ) Performance - The Contractor agrees to perform all work in a professional manner and in accordance with industry standards. 7.) Termination - In addition to expiration of the term specified in Section 2, the Contractor or the City may unilaterally terminate this Agreement for any reason. Such termination shall be effective upon receipt of written notice by the non - terminating party. 8.) Contractor's Obligations Upon Termination - Upon termination of this Agreement for any reason, the Contractor shall immediately return to the City all property and records of the City in his /her possession and discontinue further representation of himself /herself as an independent contractor of the City 9.) Nature of Relationship - The Contractor shall conduct his /her business as an independent contractor, and not as an employee of the City, for all purposes including, but not limited to, federal tax and unemployment insurance purposes, Neither the City nor the Contractor shall be responsible by any agreement, representation, or warranty made by the other, nor shall the City be obligated for damages to any person or organization for personal injuries or property damage arising directly or indirectly out of the conduct of the Contractor's business or caused by the Contractor's actions, failure to act, conduct, or negligence. The Contractor agrees to indemnity and hold the City harmless for any such act, failure to act, conduct, or negligence pursuant to Section 11 of this Agreement. As an dependent 49 contractor, the Contractor shall be responsible for the payment of all income or other taxes incurred as a result of remuneration paid to the Contractor. The Contractor shall also be solely responsible for providing workers compensation insurance. Finally, as an independent contractor, the Contractor shall not receive any of the fringe benefits or participate in any of the plans, arrangements or distributions that the City provides to its employees. 10.) Worker's Compensation Insurance - The Contractor agrees to maintain, at his /her own expense, worker's compensation insurance to fully protect both the Contractor and the City from any and all claims for injury or death arising from the performance of this Agreement. The Contractor agrees to waive, and does hereby waive, any responsibility of the City to provide Worker's Compensation Insurance to the Contractor, 11.) Indemnity - The Contractor agrees to indemnify and hold the City harmless from and against any and all claims by or on behalf of any person arising from the Contractor's actions, failure to act, conduct, or negligence while performing services pursuant to this Agreement. The Contractor shall indemnify costs and expenses incurred in connection with any such claim, or in connection with any action or proceeding brought thereon, including attorneys' fees and expenses. Upon notice by the City, the Contractor shall defend the City in any such action or proceeding. 12.) Entire Aareement - This Agreement contains the entire agreement between the parties and no amendment hereto shall be valid unless made in writing and signed by the parties. There is merged herewith all prior and collateral representations, promises, and conditions concerning the Contractor and the City. This Agreement supersedes and nullifies any preexisting agreements between the parties relating to the subject matter of this Agreement. 13.) Severable - In the event any portion of this Agreement shall be held to be invalid, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. 14.) Binding Effect - This Agreement shall be binding upon and inure to the benefit of all the parties hereto, their heirs, executors, administrators, permitted assigns and successors in interest. 15.) Notices - Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and sent by registered or certified mail to the Contractor's residence or to the principal office of the City, whichever shall be applicable. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. THE CITY: 0 By James C. Hurm Its: City Administrator THE CONTRACTOR Approved as to form by John Dean, City Attorney Dated Exhibit A Janitorial Services Contract Dated: The Contractor shall permit the following services in the timeframe described: Areas to be Cleaned at City Hall Include: 0 Entrance and Reception Area 0 General Offices 0 Private Offices 0 Washrooms 0 Kitchenette 0 Closet 0 Council Chambers Areas to be Cleaned at the Public Works Facility Include: 0 Entrance and Reception Area 0 General Offices 0 Washrooms 0 Kitchenette 0 Lunch Room Duties will include the following: Weekly: ♦ Vacuum all carpeted areas, including stairs to basement. ♦ Sweep and mop all hard floor surfaces. ♦ Dust office equipment and furniture. Desk tops if accessible. ♦ Clean and sanitize restrooms and water fountain. ♦ Clean main entry door glass areas. ♦ Wipe all counter work areas. ♦ Empty all waste baskets and recycling bins. ♦ Spot cleaning of carpet. Notify staff if unable to remove a spot. ♦ Mid -week cleaning of foyer and reception area (especially during winter months). • Monthly: ♦ Dust blinds and window sills. ♦ Vacuum fabric chairs. ♦ Polish all wooden chair arms, conference tables, lobby tables, and Council Chamber dais table. Quarterly: ♦ Clean ceiling light fixtures. ♦ Wipe baseboards and all ledges. As Needed: ♦ Defrost refrigerator. ♦ Clean entry announcement boards and metal door framing. • • CITY OF SHOREWOOD RESOLUTION NO. 98— A RESOLUTION APPROVING A SINGLE TEMPORARY GAMBLING LICENSE WHEREAS, the Shorewood City Code, Chapter 301, provides for the licensing of certain gambling activities in the City; and WHEREAS, the City prescribes certain restrictions concerning eligibility for such licensing and application, whereby the licensee will hold the City harmless for all claims arising out of the granting of such license; and WHEREAS, the following applicant has met the eligibility requirements for such a license and has agreed to all terms and conditions of the agreement contained in the license. • NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Shorewood as follows: That a single temporary license for the conduct of gambling as specified in the terms, and conditions of the license be issued to Clarence Clofer Auxiliary Unit #259. Said raffle to be held on November 8, 1998 at the Clarence Clofer American Legion Post #259, 24450 Smithtown Road, Shorewood, Minnesota. 1998. ADOPTED by the City Council of the City of Shorewood this 27th day of July, C] ATTEST TOM DAHLBERG, MAYOR JAMES C. HURM, CITY ADMINISTRATOR LG220 Rev06 /96 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check # Initals Date Recd Is this gambling premises located within city limits'/W Yes Q No If Yes, write the name of the City: City Name :2 t9 w 00A If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: organized Q unorganized Q unincorporated Local Chit G7f vuernr»ent Acknowledgment 1. The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control premises is within city limits. Board if it is denied by the local unit of government. 2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application. tion if the gambling premises is not within city limits. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1st class) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County Acknowledgment of Receipt of Application Signature of person receiving application Township Acknowledgment of Awareness of Application Signature of person acknowledging application • Date Received: Date Signed: Title of person receiving application Title of person acknowledging application I have read this application and all information is true, accurate and complete. Date. l C Submit the application at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 This publication will be made available in alternative format (i.e. large print, braille) upon request. Questions on this - form should..be directed to the Licensing Section of the Gambling Control Board at (612)639 -4000. Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1- 800 - 627 -3529 in the Greater Minnesota Area or 297 -5353 in the Metro Area. The information requested on this form will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information that you supply on this form will become public information when received by the GCB. CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall@shorewood.state.net MEMORANDUM TO: Mayor and City Council 0 FROM: Brad Nielsen DATE: 23 July 1998 RE: Development Agreement for R. Bowman Second Addition — Proposed Amendment FILE NO.: 405 (94.10) In 1995 the City of Shorewood and the City of Deephaven approved a plat for Richard Bowman, 20025 Manor Road (see Site Location map — Exhibit A, attached). The plat straddled the boundaries of the two cities and left a landlocked parcel of land. Both cities agreed to require that the landlocked parcel, which is located in the City of Deephaven, not be sold separately from Mr. Bowman's homestead parcel, which is located in the City of Shorewood. Mr. Bowman's i attorney has discovered that the development agreement for the plat inadvertently attaches the landlocked parcel to a vacant lot instead of Mr. Bowman's homestead. Mr. Bowman's attorney has prepared a draft resolution correcting this error. City staff views this as a "housekeeping" matter and recommends approval of the proposed resolution. Cc: Jim Hurm John Dean Richard Bowman Richard Rossow Bob Larson 3 C. n I' . « PRINTED ON RE LED PRPco I IN N I M 11 4r, 18 2) :i 1 ..... NORTH 2 1 15" DOC N( V 75 R H 12d. a3 16% 4 DOC 3551 P7 OF A 2 T OF L07 7 LOT 1 6 (5 (27) N N 00.06 I 13A u 90. 12 1 910. . .. .. .. .•50.06 5 o? . .......... . . - :, L AllrE I-100Pc-R . . ... ... .. ow'- �OF 24 9G. 2! dl LOT -2 ? 90. U 06-, I'S 5 416.8A 29P. 84 A ;-�, - - m A 4 r oo 33) HIN T 4 G 12 1'z ............. , U , T —* ( 1 0 u 5 .t 217, 5d 30 0.4 112. N 105- 25) PART 0 0-4 &U • OL A I �z l = = (29) (30) 5 LOT 5 (517 c (22) 7 3 5) (34) 31) — I Lu 6 8 247.4 (23) (24) (25) , \1: 138 5 N89*43'15 116.37 Too 1 100 90. 39 16) 14U 140 50 316. ti 284. T� PT OF ^ ;23 9 N LOT 52 (27) t 0 13) (17) :3.5.33 (2) L 167.54 M.33 c; � ------------- — j 29 (28) .9• Exhibit A SITE LOCATION MAP RESOLUTION NO. A RESOLUTION AMENDING DEVELOPMENT AGREEMENT FOR R BOWMAN SECOND ADDITION WHEREAS, the final plat of R Bowman Second Addition was approved by the City Council on the day of , 1994; and WHEREAS, the City required the developer of R Bowman Second Addition to enter into a Development Agreement entitled Cities of Shorewood and Deephaven Development Agreement R Bowman Second Addition, made as of the 12th day of April, 1995 by and between the City of Shorewood, the City of Deephaven, and Richard A. Bowman as the Developer; and WHEREAS, the Development Agreement contains a condition in paragraph 4 that until such time as Outlot A is replatted Outlot A is not to be transferred or conveyed separately from • Lot 1, Block 1, R Bowman Addition, and Lot 1, Block 1, R Bowman Second Addition shall not be transferred or conveyed separately from Outlot A; WHEREAS, the reference to Lot 1, Block 1, R Bowman Second Addition is in error and should have been reference to "R. Bowman Addition" instead; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood as follows: 1. That paragraph 4 of the Developer's Agreement referred to above is hereby amended by deleting the phrase "R Bowman Second Addition" in the fourth line of paragraph 4 and replacing it with the phrase: "R. Bowman Addition." 2. That the Mayor and City Clerk are hereby authorized to execute such amendment O to the Development Agreement on behalf of the City Council. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 27th day of July, 1998. Mayor ATTEST: City Clerk/Treasurer mcnu Itc\bo wman\reso lu. s ho FIRST AMENDMENT TO CITIES OF SHOREWOOD AND DEEPHAVEN DEVELOPMENT AGREEMENT R BOWMAN SECOND ADDITION This Agreement is made this day of July, 1998 by and between the City of Shorewood, (hereinafter referred to as "Shorewood "), the City of Deephaven, (hereinafter referred to as "Deephaven "), each a Minnesota municipal corporation, and Richard A. Bowman, (hereinafter referred to as the "Developer "). WHEREAS, Shorewood, Deephaven, and Bowman entered into a Development Agreement made as of the 12th day of April, 1995 pertaining to R Bowman Second Addition; WHEREAS, the Development Agreement contains a condition in paragraph 4 that until such time as Outlot A is replatted Outlot A is not to be transferred or conveyed separately from Lot 1, Block 1, R Bowman Addition, and Lot 1, Block 1, R Bowman Second Addition shall not be transferred or conveyed separately from Outlot A; WHEREAS, an error occurred in the drafting of paragraph 4 whereby reference was made to Lot 1, Block 1 R Bowman Second Addition rather than Lot 1, Block 1 R. Bowman Addition. NOW, THEREFORE, in consideration of the foregoing premises, the parties agree as follows: 1. Paragraph 4 of the Development Agreement referred to above is hereby amended by deleting the phrase "R Bowman Second Addition" in the fourth line of paragraph 4 and replacing it with the phrase: "R. Bowman Addition." 2. Except as amended herein the Development Agreement shall remain in force and effect. . 3. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which will constitute but one in the same instrument. CITY OF SHOREWOOD By Its: Mayor By Its: City Administrator -1- CITY OF DEEPHAVEN STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) By Its: Mayor By Its: City Clerk DEVELOPER By Richard A. Bowman On this day of , 1998, before me, a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Administrator of the City of Shorewood, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public -2- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1998, before me, a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the Mayor and City Clerk of the City of Deephaven, and that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, and said Mayor and City Administrator acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1998, before me, a Notary Public within and for said County, personally appeared Richard A. Bowman, married, described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public -3- CONSENT Terri Bowman, spouse to Richard A. Bowman, hereby consents to the above amendment. Terry Bowman STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1998, before me, a Notary Public within and for said County, personally appeared Terri Bowman, spouse to Richard A. Bowman, described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public THIS INSTRUMENT WAS DRAFTED BY: LANG, PAULY, GREGERSON & ROSOW, LTD. Richard F. Rosow, Esq. 1600 Park Building 650 Third Avenue South Minneapolis, MN 55402 mcnulty'\bowman\dev -agr. amd CITY OF SHOREWOOD COUNCIL CHAMBERS PARK COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 14, 1998 7:30 P.M. MINUTES 1. CONVENE PARK COMMISSION MEETING u FT Chair Puzak called the meeting to order at 7:34 p.m. A . Roll Call Present: Chair Puzak; Commissioners Colopoulos, Dallman, Cochran; Administrator James Hurm. Also present: Officer Jeff Keller, South Lake Minnetonka Public Safety Department. Later arrivals: Commissioners Themig and Bensman. Absent: Commissioner Arnst and Council Liaison Roger Champa. B . Review Agenda There were no changes to the Agenda. 2. APPROVAL OF MINUTES A. Park Commission Meeting Minutes of June 9, 1998 Commissioner Themig asked for an addition to Item #6 on page 3, paragraph #4 to note: "Colopoulos did not feel it was appropriate, given the tax burden, to give tax dollars to an agency (the School District) which is already taxing residents for its operations ". Colopoulos moved, Cochran seconded to approve the minutes as amended. Motion passed 4/0. A correction was mentioned later in the meeting that the word "rescues" at the end of the above referenced paragraph should be replaced with the word, "resources." Correction noted. B . Park Commission Work Session Minutes of June 23, 1998 Because there were only two commissioners present at that meeting who were also present for this approval, it was agreed to postpone approval until the next meeting date. It will be placed on the August meeting agenda. 3. MATTERS FROM THE FLOOR There were no matters from the floor. It was decided to move Agenda Item #6 to this point in the meeting because Officer Keller was present to give his report. #�qfi PARK COMMISSION MINUTES JULY 14, 1998 -PAGE 2 6. REVIEW SNOWMOBILE REPORT Administrator Hurm previewed the report by explaining that Officer Keller's report is a part of the Police Chief's letter and report to the City. The Park Commission's role at this point is not definitive beyond reviewing the report. Commissioner Colopoulos stated that the final disposition of the Snowmobile Task Force was that the Park Commission would recommend to the City Council that they look at the reports after the Commission does their review at the end of each season. The question then was in what format should data be presented. Chair Puzak suggested looking at the report in the context of past years and watch for trends. Administrator Hurm said that "trends may be difficult in that snow, conditions and other elements make each year very different from the next. Commissioner Colopoulos agreed that while the report is well done, the vision is different this year. This report speaks to an overall improvement in compliance. He added from personal observation that compliance with the lower speed limits are indicated by better trail conditions in Shorewood than conditions found in parts west of the City Limits. Officer Keller agreed. Chair Puzak recommended listening to the report and then decide on an action. Administrator Hurm mentioned two points: 1) The City Council did ask that a large, bright sign be posted at each end of the Shorewood section of trail. This will be done before the next season begins. 2) The City did get a call at the beginning of the season from Hennepin County Court. They had received the communication from the City about adjusting fines and are still considering the request. 7:45 Commissioner Themig arrives. Officer Keller began by saying that there was a focus on training this past season. Another officer has been certified and 45 youth, mostly from this area, were licensed. There were 35 complaints logged during this past season, compared with 57 in the previous year and 99 during the 95/96 season. Officer Keller acknowledged that the lack of snow this past winter was a factor, but also increased enforcement certainly played a big part in the improvement. A total of 50 citations were written which is down from 99 during the previous year, which included a number of preseason citations. A total of $4,337 was spent on enforcement, of which $1,000 was supplied through a DNR grant. (It is hoped that this grant will also be provided for the upcoming season.) There were 187 hours logged, which Officer Keller described as a significant amount of time. There are now 4 officers interested in snowmobile enforcement. He went on to say that he echoes Police Chief Young's recommendation for a second snowmobile to provide back up as a safety measure. The sled from the Fire Department was sometimes used, but it needs some work. Overall, Officer Keller felt that it was a good year. 7:49 Commissioner Bensman arrives. Chair Puzak asked if snowmobilers were respectful of pedestrians on the trail or crossing. Officer Keller said that there seems to be a consensus that this is much better. The word is out that when snowmobiling through Shorewood, there is a high risk of getting in trouble for speeding. The signs are effective, along with the handing out of copies of a summary of the Shorewood Ordinance and State Regulations to people using the trail. Officer Keller added that daytime riders are mostly families and those riding at night now understand curfews, which make for fewer violations. Yet, enforcement continues to be strict and William's Towing did tow a number of sleds this past season. Officer Keller reiterated that he personally thinks that things are much better overall. PARK COMMISSION MINUTES JULY 14, 1998 -PAGE 3 Commissioner Themig asked about the range covered on the LRT and whether they patrol outside of Shorewood. Officer Keller said that they do travel Tonka Bay, Excelsior and Greenwood, but the lions share of their work is in Shorewood. Officer Keller added that ordinances passed in other cities have now created a more standard speed limit resulting in less confusion in passing from city to city. Chair Puzak commented that, as a snowmobiler, this is a very helpful change. Commissioner Themig asked if Hennepin County patrols the trail. Officer Keller responded that the County considers the trail closed after November 15 and focus their time on winter activities in the Hennepin County Parks. The Sheriff's Department helps along the trail until the lakes freeze. The topic went back to officer safety and whether back up help is useful from an officer in a patrol car. The need is not for additional staff, but for a second sled. The cost would be approximately $7,000, fully equipped. Officer Keller stated that a half price offer is available through a special program. Commissioner Colopoulos summarized that enforcement efforts have reaped results but that safety has continued to be a concern. He felt that based on the report and the police department's perceptions, the City should respect this request. Chair Puzak agreed that there is a strong argument in favor of a second sled, especially at night when snowmobilers travel in groups. He suggested the idea of a joint effort and looking into all resources such as other cities which benefit, the snowmobile club, the Legion, etc. Administrator Hurm offered to approach the administrators of the other three cities involved. Colopoulos moved, Dallman seconded that the Park Commission recommend to the City Council that they approach the Police Coordinating Committee to explore the possibility of a cooperative purchase of an additional snowmobile for use by the South Lake Minnetonka Public Safety Department for patrolling the cities of Shorewood, Tonka Bay, Excelsior and Greenwood, referencing the letter of Police Chief Rick Young, requesting relative to officer safety. The motion passed 6/0. Administrator Hurm asked if the Park Commission had suggestions for other ways to present the data contained in the snowmobile report to the City Council. Chair Puzak suggested that Officer Keller be included in the meeting agenda to present the report to the City Council. Commissioner Bensman suggested that the information be summarized and presented in the context of last years report for comparison. Chair Puzak thanked Officer Keller for his report. 4. REPORTS 0 A. Status Report on "To Do List" Administrator Hurm reported that some additional things have been completed and checked off as of June 8. Public Works hopes to be finished with chipping wood later this week and get back to these items. Things are still somewhat behind due to the summer storms. B . Trail and Park Planning Process Update Administrator Hurm described the first session which was on July 9, 1998 as being a very good meeting. There were 15 residents present, plus Park Planner Mark Koegler and Administrator Hurm. They reviewed the past developments and identified new things to discuss relative to parks and trails. There will be two more meetings of this group. It was agreed by the Park Commission that it is best to not attend those meetings and let the group continue independently to add credibility to the process and the results. Commissioner Bensman asked if survey results are on the web site and if the press has shown interest in the subject. The survey is shown in its entirety on the City's web site and an article was published in the local paper. PARK COMMISSION MINUTES JULY 14, 1998 -PAGE 4 C. Report on Work Session on Developing a Policy on the Use and Improvement of Park Land for Organized Sports Administrator Hurm reported that the Commissioners who were at the Work Session did make headway, and that another Work Session is needed. Commissioner Bensman noted that those who met did a nice job and went a long way to make a good start. Chair Puzak added that, the group was tentative because of the fact that they were a minority of the Park Commission. 5. REQUEST TO PROHIBIT GOLFING IN FREEMAN PARK Administrator Hurm stated that the resident making this request was not able to attend this meeting. Chair Puzak asked for suggestions on how to respond. Commissioner Colopoulos reported that he is consistently at Freeman Park during the morning hours and does not have the impression that this is a significant problem. Commissioner Bensman asked if there is evidence of damage from golfing. Commissioner Colopoulos replied that there are no divots. When asked if someone had been hit by a golf ball, he reiterated that golfing has not caused a problem in his estimation. Chair Puzak asked if the matter should be pursued or left alone unless the resident persists with the" request. Commissioner Themig asked if the City's maintenance personnel could observe the situation and Administrator Hurm replied that their start time is 7:00 which is after the golfing is happening. Commissioner Themig was not comfortable with leaving the matter be and it was agreed that the resident will be invited to attend another Park Commission meeting to present her concerns. 6. REVIEW SNOWMOBILE REPORT This was covered after Agenda Item #3. 7. 1999 PARK OPERATING BUDGET Administrator Hurm explained that the Parks and Recreation portion of the 1999 Operating Budget does not reflect any major program changes. One item to note is on page 101, line item #63 which is the proposed improvements of $5,000 (a new furnace and duct work at the Badger warming house). There was discussion about miscellaneous needs and they would be covered by "General Supplies." There is also the request for a General Fund transfer of $10,000 again in 1999, which was originally to be at zero by then. Both of these items are reflected in the draft operating budget. Commissioner Themig asked if the estimated 1999 revenues from the Sports Organizations was included. Administrator Hurm agreed that it needs to be added. The amount estimated from the CIP was $12,000 in donations, which will be added to Program Revenues under Cost Indicators for 1999. The topic went to reviewing the list of objectives for Parks and Recreation. Commissioner Colopoulos interjected that he has spoken to neighbors near Freeman Park about the foul ball problems and trespassing issues. They have noted an improvement and understand about the delay in installing poles and nets to resolve it. The realignment of the ball field may eliminate a need to install netting. That objective may take care of itself. The question of repairing the soccer fields was considered and falls under policy development. It was suggested that a new objective for 1999 should be to implement general use guidelines. Commissioner Bensman said that the Commission has done a lot to "clean up" things that have not been official in the past. She prefers the word "policy" to "guidelines" because it is a stronger word and means that things have been agreed upon. Commissioner Themig suggested that an PARK COMMISSION MINUTES JULY 14 1998 -PAGE objective be to: "Implement a policy for use and improvement of park land for organized sports organizations." The objective to "Increase knowledge and use of Shorewood's parks" has been partially accomplished through the city newsletter. Commissioner Themig suggested adding the phrase "to continue promotion of Shorewood's parks" i.e. through brochures, etc. Commissioner Bensman suggested adding the objective: "Improve relationships with sports organizations." Bensman moved, Colopoulos seconded that the Park Commission recommend that Jim Administrator Hurm submit to the City Council as part of the 1999 Budget document, the proposed 1999 Park Operating Budget with changes and additions as discussed and recorded above. The motion passed 6/0. 8. REVIEW TOURNAMENT POLICY After quiet consideration and no further discussion, Themig moved and Colopoulos seconded that the Park Commission accept the Tournament Application as proposed as Attachment #8. The motion passed 6/0. 9. UPDATE ON ANY COMMUNICATIONS WITH TONKA UNITED SOCCER ABOUT SOCCER AREA IMPROVEMENT PLAN Chair Puzak asked, in light of the newly added objective to improve relationships with sports organizations, to invite (or entice) the Soccer Association to meet with the Park Commission for discussion about Freeman Park. Commissioner Colopoulos recommended waiting until the end of their season. It was agreed to contact them after the upcoming week of tournaments. 10. DEEPHAVEN PARK BOOKLET All Commissioners present (and some of their spouses) agreed that the park booklet is a good idea. Commissioner Themig asked if there may be a civic group such as historical society or seniors group who could take on this project for Shorewood parks. One suggestion was the Rotary which looks for projects such as this to be done at the High School. Chair Puzak asked for a member of the Park Commission to champion the cause and approach someone to pull together the resources. Commissioner Themig volunteered himself and Commissioner Amst to assist. Commissioner Themig will take the project on in September. 11. OLD BUSINESS Commissioner Themig asked about the status of the request for funding of the Minnewashta playground equipment. Administrator Hurm reported that the City Council, after thoughtful discussion, decided to approve the request of $1,000 in kind and $3,000 in cash from the City. Administrator Hurm updated the Commission on progress with the Ad Hoc Land Conservation Committee which has met three times. He distributed a copy of the meeting minutes to the Park Commissioners to keep them informed and suggested that Intern, Erica Johnson may attend a Park Commission meeting to discuss an appropriate role for the Commission in the future. Commissioners were also invited to attend the committee meetings. There will be some issues to keep abreast of. Commissioner Dallman asked about the work of the water committee. Administrator Hurm replied that they are currently waiting for data from the topography study. PARK COMMISSION MINUTES JULY 14, 1998 - PAGE 6 12. NEW BUSINESS Commissioner Colopoulos complimented the City on the recent brochure regarding pet policies. Chair Puzak asked about the transcript from a voicemail message requesting a trail near Silverwood Park. Administrator Hurm said that she was informed that her request is being considered as part of the trail requests. Chair Puzak would rather it be documented as an action item because of the safety issue. Administrator Hurm said it could be put on the schedule. Chair Puzak also asked that it get on the Park Commission meeting agenda to address it specifically. Note: Badger Park tour comments are attached to these minutes. 13. ADJOURNMENT Colopoulos moved, Themig seconded to adjourn the meeting. Motion passed 6/0 and the meeting was adjourned at 9:04 p.m. RESPECTFULLY SUBMITTED • Connie Bastyr Recording Secretary is . SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 Excelsior Boulevard Excelsior, Minnesota 55331 RICHARD A. YOUNG (612) 474 -3261 Chief of Police MEMORANDUM To: James C. Hurm, City Administrator From: Chief Rick Young Date: June 5, 1998 • Subject: 1997/1998 Snowmobile Season After discussions with Officer Keller and a review of reports on the 1997/1998 snowmobile season, I have the following observations for the City of Shorewood. Season - This years snowmobile season was very short due to the weather conditions. This is a factor that will affect the statistics for the year. However, during the short season we were still very busy with enforcement efforts. Enforcement efforts - This year, as in past years, Officer Keller spent a great deal of time on snowmobile related activities when the snow conditions were acceptable for riding. This year, for the first time, we applied for and were awarded a $1,000 grant from the Minnesota Department of Natural Resources for snowmobile enforcement. This grant could not be used • for current snowmobile enforcement activities and had to be spent on additional enforcement efforts. This was accomplished through the use of overtime to Officer Keller and several other officers on the department. In addition, our Community Policing grant was used to provide additional snowmobile enforcement hours after the DNR grant was depleted. Officer Safety - As I have previously mentioned several times, I am concerned with officer safety when we have only a single snowmobile enforcement officer patrolling at night. The grants helped us to double up on some night shifts this past snowmobile season. However, I believe it is something that should be standard practice at night. Equipment - This past snowmobile season we received the Excelsior Fire Department snowmobile to assist in enforcement. While this helped a great deal, the snowmobile is about 10 years old and has reliability and maintenance problems. While we paid to reprogram the radio for law enforcement purposes, it still had no other emergency equipment available. I feel the City of Shorewood should look into buying another snowmobile for this purpose. As you know, the Polaris Corporation will give law enforcement a "great" deal (about 50% off) on a new snowmobile. I think this should be looked into. The new machine could then be equipped with emergency equipment as our current snowmobile is. Serving South Lake :Llinnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay �k58 Sheet3 City of Shorewood Snowmobile Costs 7/21/98 I 1998 Jun -98 1996 ! 1997 Budget YTD Gas 24.001 39.38 100.001 35.971 Snowmobile Maint 460.001 52.39 500.001 Misc. Supplies, Straw Bales, etc. 1 1 260.001 105.42 100.00 40.001 signs 969.001 964.47 1,009.00i 905.251 mailings i 213.001 290.10 250.001 j Snowmobile Replacement' 800.00! 800.00 800.001 Snowmobile Turnout Gear 843.001 Staff 200.0011 773.90 529.361 Public Works 570.00 1049.72 72.731 Police Patrol - Regular " 2,730.001 2,730.00 4,000.001 2,338.32; Police O/T 0.00 0.00 3,000.00 1,000.00' Total Expenditures 7,069.001 6,805.38 9,759.00 4,921.63; i Revenues Citations*** 1,471.00 2,026.00 2,000.00! 1,925.001 Grants - Police O/T 0.001 0.00 3,000.001 1,000.001 Total Revenue 1,471.001 2,026.00i 5,000.001 2,925.001 I � j Total Cost (Exp less Rev) 1 5,598.001 4,779.38' 4,759.001 1,996.63 ! 1 I Snowmobile purchased in 1996 at a cost of $6,970; Cost depreciated over 5 years with a salvage value of $3,000 Expenditure includes end of 1996 and all of 1997 1998 is an Estimate 1 Note: These are program operations figures both out of pocket and "in kind"). The do not include the Snowmobile Task Force costs of $12,700 plus an estimated $6,000 "in kind" staff time. • .7 Page 1 PUBLIC SAFETY SL' IM schedules -Ino`{Tnobile safety course Tl e South Lake ?tlir.netonka Public s=afety Department -ill be offering a _nowr.,cbile safety training course Jan. i3 an 15 at the police station headquar- i'ers in Excelsior. The course 'will be limit - Ed J : ; ae ^s, and preregistration is rE a. ✓e_ stratlon can be cone at . -e ,tat :en dam. ^g business hours. Info.rrn a- ,ion..- 4.3 :1. 3 Public Safety 5A POLICE Snowmobile safety course offered through SLN The South Lake Mi*- netonka Public Safety Department, in conjunction with other groups, will be offering a sncA-n - ,o- bile safety training course at the Shore- wood City Hall Dec. 10 to 13. Class space is limited, so register at Shorewood City Hall. Information: 474 -3236. Excelsior /Shorewo Sun- S ail o r M 'ednesday, Nov. 5, 1997 Excelsior /Shorewood Sun•SailorMednesday, Dec. 31, 1 99 7 7 CITY BRIEFS 5r*-mobile safety encouraged in Shorewood The city of Shorewood reminds all rid - rs to follow the regulations for snowmo- dling in the city, as well as on the LRT 'rail. A uniformed police officer patrols n snowmobile to enforce the regulations. Violators can expect to pay a fine and he city might impound the snowmobile .ir certain violations. • Snowmobile operation is allowed 7 to 10 p.m. Sundays through Thurs- aYs and until 11 p.m. Fridays and Sat- The speed limit within Shorewood is miles per hour when traveling near a pedestrian or skier or when traveling on legal area on a city street (street side of the plow ridge). The speed limit is 20 mph when traveling on the LRT Trail and not near a pedestrian or skier. • Strict enforcement regarding viola- tions is in effect and may include im- poundment. of the snowmobile and a fine, especially for Driving Under the Influ- ence offenses. • Youth under 18 must have a Snow- mobile Safety Certificate with them when riding a snowmobile. Youth under 14 driving a snowmobile must have a cer- tificate and be accompanied by a parent or guardian. To report any violations, please call 911. SLINTSD receives grant for snowmobile enforcement The SL.NIPSD has been awarded a grant by the 'Minnesota Department of Natural Resources to fund snowmobile enforcement. The funds will be used to increase the police presence along the LRT trail and other pans of the commu- nity Where snowmobiles are used. Officers working under the grant will focus on careless operation, speed and al• cohol- related offenses. South Lake oJM- cers will also coordinate with other law - enforcement agencies for maximum ef- fectiveness during peak snow.nobihng times, according to a news release. The goal of this project is to male snowmo- biling as safe and enjoyable an activity as possible. SNOWN10BILE ACTIVITY" REPORT 11/23197 SUNDAY. 15.13HRS. I stopped a 14 year old. crossing Highway 7 at Wood Drv. heading into Carver County. He was issued a citation for snowmobilina before December 1 st. William's Towing was ordered to transport the sled home. His father assured me that he would not be riding again until after taking the safety training course. Patrolled from squad car. 12129197,W0!VDAY.• 18:15HRS. TO 18: 46HRS. Ran RADAR on LRT from squad car. 1/2 inch of snow on ground, trail in poor condition. 30 degrees. No snowmobiles seen. 12/30/97 TUESDAY.• 17 :45HRS. TO 21:57HRS. Snowmobile patrol with Officer Staaf. One inch of snow on the ground. Trail in poor condition. 10 degrees. Two snowmobiles seen. One operator cited for expired registration, also verbally warned for speed (under 30mph). • 1/71/98 .SUNDAY: 21:.I2HRs. TO 23:29HRS. On foot with Officer Staaf We used the hand -held RADAR unit with a battery pack along the trail. Single digits for temperatures. One inch of snow on the ground. Trail in poor condition. No snowmobiles seen. 1112198 VONDA Y. 16: 00HRS. TO 20 :30HRS. Snowmobile patrol with Officer Neuberger. Six inches of snow on the ground. Temperature below zero. A lot of snowmobiles out tonight. Four speeding rickets issued (35mph, 40mph, 32mph, 41mph). Three people given verbal warnings for speed. It was so cold that my fingers became numb causing an inability to write. Officer Neuberger was reportedly unable to feel his toes so we decided it best to quit early. 1/16198 FRIDAY. 18:54HRS. TO 00:18HRS. Snowmobile patrol with Sgt. Fink and Reserve Officer Etshokin. Trail in good condition, 20 degrees. A lot of snowmobiles out, traffic heavy. One juvenile cited for no snowmobile safety certificate and improper /no registration displayed. Snowmobile impounded. Her riding partner was cited for speed (33mph). One snowmobiler was given a verbal warning for speed. Later that evening two citations were handed out for violating the curfew --one of those violators was also cited for speed (40mph). The second curfew violator was also issued a written warning for no registration displayed. 1119198 ;HONDA _Y.• Various times throughout patrol shift. On foot along the trail. Ran RADAR using hand -held RADAR unit and battery pack. Clear and cold outside. Medium levels of traffic (20- snomwobiles). Two snowmobiles stopped. One operator cited for speed (41 mph) and no registration displayed. The other operator was cited for no snowmobile safety certificate and no registration displayed. Both snowmobiles were impounded. To 19:I2HRS. on LRT using 18:25H hand - RS. er. Ran RADAR 1120198 TUESDAY' with Officer Gey Clear and cold. On foot along the trail. Worked p�R unit and battery pack• No sno��'mobiles seen. held RAD Trail S. TO Z1: 06HRS. and ? 5 degrees. g 112198 TIIU7RSDAY: 2 p:14HR aenson. Snowing erator cited for sp eed (emph) On foot along the tr Worke ail. owith iles seen. eOne op in m fair condition. Eight snow 15:24HRS• TO 20:31 HRS• Reserve Officer Etshoki traffiout 50 I123198 FRIDA Worked alone until 18:00hrs., bumpy• Hea , Snowmobile Patr & cold, trail deteriorating; 43mph) One vi r olato )bile after. Cloudy spee n. 38 ° his own snowm Three citations issued for sp His mother was summone es seen). d to 75 snowmobilsion. so cited for no snowmobile safety certlf Cate i also posses Certificate. to the scene with his safety TO 17:1 OHRS. snowmobiles), trail getting very Ay_ 11 :03H RS. 1 on ti 0� snowm 1/24/98 SATURD traffic l 39 45mph). One citation atrol. Worked alone. Heavy speed l , erson also cited for Snowmobile p co. Three citations issued for sp O p bumpy. Sunny & ld a - istration displayed tten warning given for no rem g the LRT. and one wn a t a stop sign at an intersection along failing to stop 1 O: I SHRS. TO 14: 50HRS. overn but continues to snow. 1/25/98 SUNDAY' Fresh snow fell He traffic (100+ snowm Snowmobile patrol• worked alone. roomed. also issued a written ' Trail very' bumpy, desperately needs � individual be � This in was 34mPh) s Continue to hand out seen). One citation issued for ownership papers within 15 day p assers -by on the for failing to transfer )wn local snowm °bi trail maps and literature regulatrons to warning arding reg trail. '5: 40I-IRS - in relatively god o 1.1 5I HRS• TO 15: The trail was )bile 2/7/98 SA T'UITDAY: oenson. snowm patrol- Worked with Office � . Two unseasonable temperatures, Snowmobile p 25 to 30 sleds seen e but because of the lack of snow and weekend days and regulation shag , from typ trail m Qiven tra traffic has decreased m62mplh> 46mph) Violators were g T citations issued speed citations issued ( One written warning for speed issued. the trail and booklets with their tickets. d Two snowmobilers were cod Drv) erating where prohibtte for op side of the p low ridge on Wed ° ew driving down the wrong TO 13:3 seasonably warm 12:54HRS. f The un 218198 SUNDAY: S o f snowmobiling as the LRT is turned back O n foot along the trail• Worked o O fflpor Stan _less t One area than 5. O havoc snowmo biles seen vin under the temperatures are wreaking Very few snowm ultimately arrested for do g and biking speed {31mph)• He w into a walking ed for spe )bile. He tested a 07. His resident was stopp Q an unregistered snowm influence of alcohol and for driving snowmobile was impounded. ,- ter, M E M O R A N D U M DATE: February 22, 1998 TO: Jim Hurm, City Administrator FROM: Becky Tary - i� — R E: Snowmobile Trail Monitoring Completed for 97 - 98 Season The Trail Walks for the 97 - 98 snowmobile season have been completed. I have attached copies of each trail walk report, as well as summarized the reports in the table shown below. OW 97/98 Trail Monitoring Activity Report Date: Saturday December 13. 1997 Time: 8 to 9 m Observations on Noise, Speed Safety Property Damage: Some tracks on trail there were tracks off the trail at the intersection of the trail with Smithtown Road. Further to the west. near Freeman Park. there were some snowmobile tracks on the property to the north of the trail This is likeiv the same situation as last year. where neiizhborhood kids run their sled through the back yards. I noticed that there was no additional post prevent snowmobiles from entering Freeman Park. There did not however seem to be tracks into the Dark. Monday - 1 called Public Works. and thev said they would install the posts that day. # of Snowmobiles on Trail 0 Observer(s): Jim Hurm Trail Conditions: Clear night decent base for sledding (include snowfall, snow quality, grooming, etc.) Weather - Temperature: 28 degrees A 97/98 Trail Monitoring Activity Report Date: Saturdav, January 10. 1998 Time: 7:00 - 8:00 p.m. Observations on Noise, Speed Safety Property Damage: no snowmobiles observed. No pedestrians observed. A very quiet evening. Primarily stationed at County Road 19 and the LRT trail intersection. Clear but very cold evening. # of Snowmobiles on Trail none Observer(s): Becky Tarvin Trail Conditions: Some snow on trail. Many track marks visible. Good conditions (include snowfall, snow quality, grooming, etc.) Weather - Temperature: -5° temperature API 97/98 Trail Monitoring Activity Report Date: Sunday. January 18. 1998 Time: 4:30 - 5:30 p.m. Observations on Noise, Speed Safety Property Damage: Beautiful day. Some cloud cover. One couple and one individual seen walking dogs (on leashes). 20 snowmobiles were seen on the LRT. Of the 20 viewed: 5 sleds came from Lake Minnetonka, onto Timber Lane access. Stopped at both stops. 3 sled came up from Lake, slowed down but did not do complete stops at boths stops. 1 sled went from trail to Lake without complete stops. From 4:50 to 5:30 I monitored trail at Cty. Road 19 and LRT and observed following: • 3 sleds heading West on LRT. Did complete stops at stop sign then continued. Z; 2 sleds (who had come from Total g as station) travelled ag ke. ainst traffic at dusk. Headed North on 19, then east on trail to La 1 sled traveled west on LRT, stopped, crossed 19, then continued. May have been speeding. 2 sleds travelled east on LRT, then South on 19 - no violations. 2 sleds traveled east on LRT, then North on 19 - on wrong side of road. 1 sled went East on LRT, complete stop at stop sign. # of Snowmobiles on Trail 20 Observer(s): Becky Tarvin Trail Conditions: Excellent recent snowfall snow cover approx. 4 -6 inches (include snowfall, snow quality, grooming, etc.) Weather - Temperature: 20 - 25 ' temperature 97/98 Trail Monitoring Activity Report Date: January 25, 1998 Time: 10:30 - 11:30 a.m. Observations on Noise, Speed Safety Property Damage: Fairly quiet morning. No snowmobiles observed between Timber Lane and County Road 19. Trail has been fairly well traveled via snowmobiles. Corner intersections were "cut" by snowmobile tracks. # of Snowmobiles on Trail 0 Observer(s): BeckyTarvin Trail Conditions: Good, solid, even snowpack (include snowfall, snow quality, grooming, etc.) Weather - Temperature: temp in the 20's . w 97/98 Trail Monitoring Activity Report Date: February 7. 1998 Time: 6:15 p.m. - 7:15 p.m. Observations on Noise, Speed Safety Property Damage: First snowmobile seen was eastbound to County Rd 19 - riding was o.k. (6:20 p.m.) One snowmobile viewed was eastbound to Timber Lane - o.k. (6:25 p.m.) 3 snowmobiles eastbound out to Lake Minnetonka - could have been speeding (6:37 p.m.) 2 snowmobiles westbound from Timber Lane - o.k. (6:56 p.m.) Tracks viewed all around LRT intersection with County Road 19 No tracks viewed at wetland near Amlee Road. Note: 3 "no snowmobile" signs were placed west of Cathcart Park, yet snowmobile tracks still exist. This issue may need a closer look. # of Snowmobiles on Trail 7 Observer(s): Jim Hurm Trail Conditions: Good, firm, even snowpack. 6 -8" deep (include snowfall, snow quality, grooming, etc.) Weather - Temperature: 20 moon out, beautiful night 97/98 Trail Monitoring Activity Report Date: February 8, 1998 Time: 1 p.m. - 2:15 p.m. Observations on Noise, Speed Safety Property Damage: Started at Eureka and LRT, walked west, then back east to Strawberry. Drove to Cathcart check signs Manv tracks at Eureka and Smithtown on lot (0003) Saw 6 walkers /joggers. One had dog off leash. One jogger returned also while on walk. All trail signs appear intact and have no vandalism damage observed. 2 snowmobiles, westbound, slowed as approaching and moved way to right. 1 snowmobile, westbound, definite speeder, was apprehended by officers doing radar at Wedgewood and LRT. 1 snowmobile, westbound, 2 riders, slowed near me, then sped up when past me. • The following locations had off -trail riding: Direct access to Amlee Circle from trail; Riding in Manitou Park in Tonka Bay; Riding on South side of trail near end of Glen Rd; Tracks on North side of trail, SW corner of Eureka, Smithtown and LRT; between Straw- berry and Smithtown, many tracks off trail just south of Smithtown Lane corner # of Snowmobiles on Trail 4 one violator apprehended Observer(s): Becky Tarvin Trail Conditions: Good snow, firmly packed fairly wet (include snowfall, snow quality, grooming, etc.) Weather - Temperature: 35° approx beautiful sunny. warm day M 9 Trail Nlonitoring Activity Report 0 Date: 2/14/98 Time: — 3 _ .45 - - 5:00 •In• Speed Safety Property Damage. Mid-20's tem erature. Observations on Noise, p ches �tPeo or so. Road surfaces on Shorewood streets wer Trail was hard packed, 3-4 m bare, as warm `Feather from week before caused a 2 eastbound, toge1 There were four walkers total - on leash deal of 1 westbound with dog off leash, the other was westboun on the trail between Cathcart and Smithtown at this time. No snowmobilers were present Q at me so I did mal w as growling 2 loose dogs were on the trail with ta?s, but the am A with do not identify the tag number* for walking on the trail. The ,heather conditions made it an enjoyable day – # of Snowmobiles on Trail None Observer(s): Bec Tarvin Hard ack no new snow still covered with 3- Trail Conditions: rooming, e (include snowf tc.) all, snow quality, g Weather - Temperature- 1vlid -20's 97/98 Trail Monitoring Activity Report Date: Sunda' February 22,_ 1998 Time: —4 - - 4 - 5 Observations on Noise, Speed Safety Property Damage: Trails were 50 -100% clear (no snow). 3 pedestrians were seen, 1 eastbound, 2 westbound. _ _ a, ,,,-n- nn rrnil_ unleashed, without the owner east of Cty 19. One dog was off leash west of Cty Road 19 without owner present. Road 19 to A variety of trac were . ed includinQ one automobile from east of Cty the west of Smithtown Road. T ber Lane One snowmobi was viewed, to be speeding. He headed east to im access and then returned again west. Approximately four different bicycle tracks were seen in the mud and snow, as well as a few pedestrian footprints. # of Snowmobiles on Trail 1 Observer(s): Bec Tarvin Trail Conditions: Trail 50-100 clear o gr oomi n g, �ow ) slus hy, w muddy (include snowfall, snow quality, 8 Weather - Temperature: A roximatel 35° 1997 - 1998 Snowmobile Data - All Fields Reported Page 1 9:05 Case # Date Rept Day of Complaint Time Cmtd Assign 09:05 Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid Clear 97516650 12/30/97 Officer Action How Rcvd 17:55 17:55 02/08/98 Sun LRT at Wedgewood 12:50 17:55 17:55 02/08/98 Sm ER Officer Tow Officer: Unable to respond 13:46 98500013 01/01/98 Officer: Curfew 02:59 97514681 11/15/97 Sat Preseason 12:07 12:07 03:10 11/15/97 LRT at Eureka 12:07 12:17 03:20 Snowmobiles on LRT S2 R 12:28 98500868 01/18/98 Officer: GOA, UTL Trespass 15:34 97514697 11/15/97 Sat Assistance 17:24 17:24 15:45 11/15197 Maple St 17:24 17:24 Resident Snow trailer getting stuck E R 17:24 Officer: 97514767 11/17/97 Mon City Hall Complaint 11:31 11:31 11/17/97 11:31 11:31 Shoreline Shoreline complaint S2 P 11:31 Officer: 97514820 11/18/97 Tues Preseason 17:34 17:34 11118/97 LRT 17:34 17:34 Resident Sms on LRT S2 R 17:34 Officer: Out of position 97514984 11/23/97 Sun Preseason 12:25 12:25 11/23/97 Eureka Rd 12:25 12:26 Resident Sm So on Eureka to 7 S2 R 12:28 Officer. Unable to locate 97514991 11/23/97 Sun Preseason 17:23 17:23 11/23/97 LRT at Eureka 17:23 17:28 Resident Sm S2 R 17:56 Officer. GOA 97516356 12/23/97 Tues Curfew 10:59 10:59 12/23/97 Cty 19 at Wedgewood 10:59 11:02 Resident Sm S2 R 11:18 • Officer. GOA 97516565 12/29/97 Mon Curfew 9:05 09:05 12/29/97 LRTatAmlee 9:05 09:05 Resident Sm S2 P 09:05 Officer: 97516650 12/30/97 Tue Unknown complaint 17:55 17:55 12/30/97 LRT at George St 17:55 17:55 Resident Sm ER 17:55 Officer: Unable to respond 98500013 01/01/98 Thur Curfew 02:59 02:59 98500019 01/01/98 Lakeview at Waseca 02:59 03:10 Resident Sm on fire lane T R 03:20 Officer. Unable to locate 98500868 01/18/98 Sun Trespass 15:34 15:34 01/18/98 St Albans Green 15:34 15:45 Resident Driveway G R 15:48 Officer. GOA 1997 - 1998 Snowmobile Data - All Fields Reported Page 2 Case # Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid Clear Officer Action How Rcvd 98501366 01/27/98 Tues Trespass 17:24 17:24 01/27/98 Cathcart Dr 17:24 17:28 Resident Damage to shrubs S2 R 17:34 Officer: Referred to Shorewood Officer 98501552 01/31/98 Sat Speed 21:10 21:10 01/31/98 LRT at Eureka 21:10 21:10 High speed S2 R 21:10 Officer: Stopped at Timber Ln and advised Activity Rep 11/23/97 Sun Preseason 15 :13 11/23/97 Officer Activity Report Officer: Citation - 1 Tow -1 Activity Rep 12/29/97 Mon Radar 18:15 Officer Activity Report Officer: No snowmobiles seen Activity Rep 12/30/97 Tues Registration 17:45 12/30/97 Officer, w /assist Activity Report Officer: Citation -1 Speed - verbal -1 Activity Rep 01/11/98 Sun Radar 21:12 01/11/98 Officer, w /assist Activity Report Officer No snowmobiles seen Activity Rep 01/12/98 Mon Speed 16:00 01/12/98 Officer, w /assist Activity Report Officer. Citations - 4 . Verbal - 3 Activity Rep 01/16/98 Fri Juve / Speed ! 18:54 01/16/98 Curfew / No reg displayed Note: heavy snowmobile traffic on LRT Officer, w /assist, Activity Report sgt Officer: Citation - 6 Impound -1 Verbal -1 Wri tten Wa Activity Rep 01/19/98 Mon Radar Varied 01119/98 Speed / No reg / Speed Note: medium snowmobile traffic on LRT Officer Activity Report Officer. Citation -1 No reg disp- 2 No safety cert - 1 Impound - 2 1997 - 1998 Snowmobile Data - All Fields Reported Page 3 Case # Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive: Rept By Description Grid Clear Officer Action How Rcvd Activity Rep 01/20/98 Tues Radar 18:25 01/20/98 Note: no snowmobiles Officer, w /assist Activity Report Officer. Activity Rep 01/22/98 Thurs Speed 20:14 01/22/98 Note: 8 snowmobiles seen, 1 hour Officer, w /assist Activity Report Officer. Speed - 1 Activity Rep 01/23/98 Fri Speed / No Safety Cert in 15:24 01/23/98 possession Note: 50 - 75 snowmobiles seen in 5 hours Officer, w /assist Activity Report Officer. Speed - 3 No safety cert - 1 (mom brought to scene) Activity Rep 01/24/98 Sat Speed / No reg / Failure to stop 11:03 01/24/98 Note: Heavy traffic (150 +) over 6 hours Officer Activity Report Officer Citations - 5 Written Wam - 1 ' Activity Rep 01/25/98 Sun Speed / Own papers trans 10:15 01/25/98 Note: Heavy traffic (100 +) over 4.5 hours Officer Activity Report Officer. Citations -1 Written Wam -1 Activity Rep 02/07/98 Sat Speed / Oper where prohib 11:51 02/07/98 Nate: 25 -30 sleds in 4 hours Officer, w /assist • Activity Report Officer. Citations - 4 Written Wam - 1 Activity Rep 02/08/98 Sun DUI / Speed / Unreg 12:50 02/08/98 Note: less than 5 sleds in. 75 hour Officer, w /assist Activity Report Officer. Citations - i DUI -1 Unreg -1 Impound - 1 Cit #42685 01/16/98 Fri Warning - Speed 21:12 01/16/98 LRT & Wedgewood Chaska Res S2 Officer. Cit #39872 02/07/98 Sat Warning - Speed 14:46 02/07/98 LRT & Wedgewood Shorewood Res S2 Officer Cit #39999 01/17/98 Sat Warning - Op in Prohb Area 15:05 1997 - 1998 Snowmobile Data - All Fields Reported Page 4 Case # Date Rept Day of Complaint Location Time Cmtd Assign Time Rptd Arrive Cit #42900 Dte Cmmted Week Warning - Op in Prohib Area Grid Clear Rept By Description How Rcvd 01/17/98 Officer Action E LRT & Water St 01/17/98 Officer. Minnetonka Res E Sat Warning - Reg Ex p ir ed 17:53 Officer: Cit #40000 01/17/98 Sat Warning - Op in Pr A 15:05 S2 & Water 01/17/98 E Officer: Minnetonka Res 01/17/98 Sat Warning - Sp eed LRT &Wedgewood 19:19 Officer: 01/17/98 Cit #42686 01/16/98 Fri Warning - no r 9 # 23:30 01/16/98 LRT & Strawberry Officer: Victoria Res S2 Sat Warning - Sp eed LRT &Wedgewood 19:19 Officer: 01/17/98 S2 Warning - Spee LRT &Smithtown 12:47 Cit #42687 01/17/98 Sat 01 /17/98 Officer: S2 Cit #42688 01/17/98 Sat /98 13:25 Chanhassen Res Officer: Warning - Registration LRT & Timber Lane 01/17 Excelsior Res S2 Officer: Cit #42900 01/17/98 Sat Warning - Op in Prohib Area 15:05 LRT & George St 01/17/98 E Waconia Res Officer. Cit #42926 01/17/98 Sat Warning - Reg Ex p ir ed 17:53 LRT & d 01/17/98 S2 Chanhassen Res Officer: Cit #42927 01/17/98 Sat Warning - Sp eed LRT &Wedgewood 19:19 01/17/98 S2 Chanhassen Res Officer: Cit #42928 01/17/98 Sat Warning - Sp eed LRT &Wedgewood 19:19 01/17/98 S2 Shorewood Res Officer: Cit #42957 01/31/98 Sat Warning - Speed Strawberry 16:00 01/31/98 S2 Edina Res Officer. Cit #980081461 01/12/98 Mon Speed - 35 LRT & Wedgewood 17:29 01/12/98 S2 Shorewood Res Officer: Cit #980081479 01/12/98 Mon Speed - 40 LRT& Strawberry 19:20 01/12/98 S 2 Mound Res Officer: Cit #980081487 01/12/98 Mon Speed - 32 19:30 1997 - 1998 Snowmobile Data - All Fields Reported Page 5 Case # Date Rept Day of Complaint Time Cmtd Assign Rept By Dte Cmmted Week Location Time Rptd Arrive Description Grid Clear 'Officer Action How Rcvd 01/12/98 LRT& Strawberry Shorewood Res S2 Officer: Cit #980081495 01/12/98 Mon Speed - 41 20:09 01/12/98 LRT& Strawberry Edina Res 52 Officer: Cit #980081503 01/16/98 Fri Speed - 33 21:55 01/16/98 LRT & Wedgewood Waconia Res S2 Officer. Cit #980081537 01/16/98 Fri Curfew 23:30 01/16/98 LRT& Strawberry . Victoria Res 52 Officer. Cit #980081545 01/16/98 Fri Speed - 40 23:30 01/16/98 LRT & Strawberry Victoria Res S2 Officer. Cit #980081552 01/16/98 Fri Curfew 23:30 01/16/98 LRT& Strawberry Victoria Res 52 Officer. Cit #980081560 01/17/98 Sat Speed - 35 14:05 01/17/98 LRT& Strawberry Vadnais Hts Res 52 Officer. Cit #980081578 01/17/98 Sat Registration - no #'s displayed 14:28 01/17/98 LRT& Strawberry • Chanhassen Res 52 Officer: Cit #980081586 01/17/98 Sat Speed - 43 14:55 01/17/98 LRT& Strawberry Minnetonka Res 52 Officer. Cit #980081594 01/17/98 Sat Speed - 47 14:55 01/17/98 LRT& Strawberry Prior Lake Res 52 Officer: Cit #980081602 01/17/98 Sat Speed - over 20 14:55 01/17/98 LRT& Strawberry Wayzata Res 32 Officer: Cit #980082642 01/28/98 Wed Curfew 22:20 01/28/98 LRT& Strawberry Lame Deer ML Res S2 Officer: Cit #980082956 01/13/98 Tues Speed - 45 20:01 1997 - 1998 Snowmobile Data - All Fields Reported Page 6 Case # Date Rept Day of Complaint Location Time Cmtd Assign Time Rptd Arrive Cit #980084614 Dte Cmmted Week Speed - 33 LRT &Wedgewood Grid Clear Rept By 01 /17/98 Description Officer Action How Rcvd 01/13/98 LRT & Eureka Way Cit #980084622 01/17/98 Sat Minnetonka Res S2 01/17/98 Officer: S2 Sat Speed - 27 LRT &Eureka 17.51 Cit #980083004 01/17/98 Mon 01/17/98 19:43 S2 S2 Chanhassen Res Tonka Bay Res Officer. Officer: Sat Speed - 62 LRT &Wedgewood 11:24 Cit #980084044 02/07/98 19'43 02/07/98 01 /19/98 S2 Eagen Res Tonka Bay Res S2 Officer: Officer. Cit #980084663 Sat Speed - 46 LRT &Wedgewood 15:04 Cit #980084051 02/07/98 01 /22/98 02/07/98 S2 S2 Deephaven Res Minnetonka Res Officer: Officer: Cit #980084671 23:38 Cit #980084283 01/12/98 Mon Curfew LRT& 19 01/12/98 S 2 Tonka Bay Res Officer: 23:38 Cit #980084291 01/12/98 Mon Curfew LRT RT& 19 • 01 St Louis Pk Res S2 Officer Cit #980084614 01/17/98 Sat Speed - 33 LRT &Wedgewood 17:33 01 /17/98 Chanhassen Res S2 Officer: Cit #980084622 01/17/98 Sat Speed - 27 LRT & Wedgewood 18:00 01/17/98 Chanhassen Res S2 Officer: Cit #980084630 01/19/98 Mon Speed - 40 LRT &Wedgewood 19:43 01/19/98 S2 Tonka Bay Res Officer: Cit #980084648 01/19/98 Mon displayed Registration - LRT 19'43 01 /19/98 &Wedgewood Tonka Bay Res S2 Officer. Cit #980084663 01/22/98 Thur Speed - 38 LRT &Strawberry 20:25 01 /22/98 S2 Deephaven Res Officer: Cit #980084671 01/23/98 Fri Speed - 38 LRT & Wedgewood 16:42 01/23/98 S2 Mound Res Officer. Cit #980084689 01/23/98 Fri Speed - 43 18:46 1997 - 1998 Snowmobile Data - All Fields Reported Page 7 Case # Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid- Clear Officer Action How Rcvd 01/23/98 LRT & Strawberry Shorewood Res S2 Officer: Cit #980084697 01/24/98 Sat Registration - none displayed 12:14 01/24/98 LRT & 19 Tonka Bay Red S2 Officer: Cit #980084705 01/24/98 Sat Speed - 45 14:15 01/24/98 LRT & Wedgewood Mound Res S2 Officer: Cit #980084713 01/24/98 Sat Speed - 39 14:52 01/24/98 LRT & Wedgewood St Cloud Res S2 Officer: Cit #980084721 01/24/98 Sat Speed - 34 15:40 01/24/98 LRT & Wedgewood Crystal Res S2 Officer: Cit #980084739 01/24/98 Sat Stop - fail to stop 16:38 01/24/98 LRT & Eureka Way Wayzata Res S2 Officer: Cit #980084747 01/25/98 Sun Speed - 34 11:35 01/25/98 LRT & Wedgewood Mound Res S2 Officer: Cit #980084929 02/04/98 Wed Safety Cert - not in possession 09:45 02/04/98 LRT & Wedgewood Juvenile S2 Officer. Cit #980084937 02/04/98 Wed Speed - 37 09:45 02/04/98 LRT & Wedgewood Juvenile S2 Officer: _ Cit #980084986 02/08/98 Sun Reckless Operation 13:30 02/08/98 LRT & Wedgewood Tonka Bay Res S2 Officer: _ Cit #980085009 02/08/98 Sun Registration Expired 13:30 02/08/98 LRT & Wedgewood Tonka Bay Res S2 Officer: Cit #980085470 01/26/98 Mon Safety Cert - none 15:51 01/26/98 LRT & Wedgewood - Juvenile S2 Officer: Cit #980085488 01/26/98 Mon Registration - improper disp 15:51 1997 - 1998 Snowmobile Data - All Fields Reported Page 8 Case # Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid Clear Officer Action How Rcvd 01/26/98 LRT & Wedgewood Juvenile S2 Officer: Cit #980085496 01/26/98 Mon Safety Cert - none 19:43 01/26/98 LRT & Wedgewood Juvenile S2 Officer: Cit #980085504 01/26/98 Mon Registration - expired 19:43 01/26/98 LRT & Wedgewood Juvenile S2 Officer: Cit #980085702 02/07/98 Sat Operate in Prohib Area 12:30 02/07/98 Wedgewood Shorewood Res S2 Officer: Cit #980085710 02/07/98 Sat Operate in Prohib Area 12:31 02/07/98 Wedgewood Hopkins Res S2 Officer: Cit #JCF18767 01/16/98 Fri Safety Cert - none 21:55 01/16/98 LRT & Wedgewood Juvenile S2 Officer: Cit #JCF18768 01/16/98 Fn Registration - improper disp 21:55 01/16/98 LRT & Wedgewood Juvenile S2 Officer: Cit #JCF18808 11/23/97 Sun Preseason 15:13 11/23/97 Wood Dr & 7 Juvenile S2 Officer: _ Cit #JCF95781 01/19/98 Mon Safety Cert - none 19:43 01/19/98 LRT & Wedgewood Juvenile S2 Officer: Cit #JCF95782 01/19/98 Mon Registration - expired 19:43 01119/98 LRT & Wedgewood Juvenile S2 Officer: Cit #JCF95783 01/23/98 Fri Speed - radar 17:04 01/23/98 LRT & Wedgewood Juvenile S2 Officer: Cit #JCF95784 01/23/98 Fri Safety Cert - not in possession 17:04 01/23/98 LRT & Wedgewood Juvenile S2 Officer: City Hall 11/18/97 Tues Trespass C] • 1997 - 1998 Snowmobile Data - All Fields Reported Page 9 Case= Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid Clear Officer Action How Rcvd 11/18/97 Resident Sm on property edge Placed hay bales Officer: City Hall 12/22/97 Mon Trespass 12/22/97 Resident Sm on property Hay bales placed Officer: City Hall 01/05/98 Mon Speed, trespass concerns 01/05/98 Resident Sm are not being patrolled Officer: City Hall 01/12/98 Mon Almost hit dog 01/12198 Resident Sm, curfew concerns, "No motor • Vehicles" signs questioned Officer: City Hall 01/14/98 Wed Trespass 01/14/98 Resident Sm on property Officer: City Hall 01/27/98 Tues 01/27/98 - Resident Not able to attend mtg, noted concerns re: snowmobiling Officer. City Hall 01/27/98 Tues 01/27/98 Resident Call to support snowmobiles in Shorewood Officer. City Hall 01/29/98 Thurs Noise 01/29/98 Resident riding in neighborhood Officer: H0014 12/02/97 Tues Curfew 00:08 00:09 97515373 12102/97 LRT at Eureka 00:09 01:01 Resident Sm on LRT S2 911 R 01:07 Officer. Unable to locate, tracks observed H0022 01/17/98 Sat Unfounded 00:13 00:18. 98500765 - 01/17/98 Against Traffic 00 :18 00:18 98500784 LRT at Cty 19 T 911 00:18 Resident WB on Cty Rd 19 Officer Officers on LRT R H0225 11/18/97 Tues Trespass 08:53 11/17/97 Wedgewood at Teal Resident Sm through yard last n ight 911 08:57 1997 - 1998 Snowmobile Data - All Fields Reported Page 10 Case # Date Rept Day of Complaint Time Cmtd Assign 12/28/97 Dte Cmmted Week Location Time Rptcl Arrive Rept By S2911 11:59 Description Grid Clear R H0336 Officer Action How Rcvd 13:00 H0415 02/05/98 11/23/97 Officer: 13:00 13:13 H0239 01/19/98 Mon Trespass 09:39 09:41 98500916 01/19/98 Smithtown Rd 09:41 09:41 Resident 11:56 through yard S2911 09:41 11:56 01/12/98 Officer Officer. Adv to call City for more hay R 911 12:30 01/12/98 bales, signs 13:42 13:45 H0243 11/23/97 Sun Preseason 12:15 10:38 97514980 11/23/97 LRT at Wedgewood 10:36 10:38 Resident 02/01/98 Sun Sm on LRT S2911 R 10:38 98501589 02/01/98 Officer: Adv no to snmbl til 12/1 13:16 13:16 H0269 11/23/97 Sun Preseason 11:34 13:16 11/23/97 LRT at Wedgewood 11:34 Officer 11/20/97 Thurs Sm on LRT 911 12:00 97514880 11/20/97 Officer: 13:40 13:46 H0305 11/23/97 Sun Preseason 12:17 11/23/97 LRT at Strawberry 12:17 Officer Sm on LRT 911 12:42 Officer: H0323 12/29/97 Mon Trespass 11:58 11:58 97516558 12/28/97 Smithtown Way at Smithtown Circle 11:58 11:58 Resident 12:29 On resident property S2911 11:59 30 mph over limit S2911 Officer: Adv to call when happening R H0336 11/23/97 Sun Preseason 13:00 H0415 02/05/98 11/23/97 LRT at Wedgewood 13:00 13:13 Officer 02/05/98 Sm on LRT 911 13:23 13:13 Resident Officer: 3 WB on LRT H0393 11/22/97 Sat Preseason 11:56 Officer: Info 11/22197 LRT at Wedgewood 11:56 01/12/98 Officer Wetland, Prop Damage Sm on LRT 911 12:30 01/12/98 Officer: 13:42 13:45 • H0406 02/07/98 Sat Speed 12:26 12:29 98501856 02/07/98 LRT at Eureka 12:29 12:29 Resident 30 mph over limit S2911 12:29 Officer Citations issued - 2 R H0415 02/05/98 Thurs Speed 13:08 13:13 98501753 02/05/98 LRT at Wedgewood 13:13 13:13 Resident 3 WB on LRT S2911 13:13 Officer: Info R H0422 01/12/98 Mon Wetland, Prop Damage 13:42 13:45 98500518 01/12/98 Amlee at Manitou 13:42 13:45 Resident Sm S2911 14:00 Officer. Was monitoring, sled gone R H0443 02/01/98 Sun Speed 13:15 13:16 98501589 02/01/98 LRT at Eureka 13:16 13:16 Resident Lack of Patrol S2911 13:16 Officer: Adv units on at 1330 R H0458 11/20/97 Thurs Trespass in Park 13:40 13:42 97514880 11/20/97 Pleasant Park 13:40 13:46 H0700 1997 - 1998 Snowmobile Data - All Fields Reported Page 11 01/12/98 Harding Ln at Harding Ave Case # Date Rept Day of Complaint Time Cmtd Assign 17:58 Dte Cmmted Week Location Time Rptd Arrive 01/12/98 Mon Rept By 17:25 18:00 Description Grid Clear 18:00 18:00 Officer Action How Rcvd Resident Sm in Pleasant Park - kid T 911 R 13:50 Officer: Verbal Warning H0507 01/31/98 Sat Noise 13:54 13:57 98501545 01/31/98 LRT at Eureka 13:57 13:57 Resident on LRT S2911 13:57 Officer: R H0523 01/19/98 Mon LRT at Strawberry 15:14 01/19/98 Officer Officer: 15:14 H0552 01/31/98 Sat Speed 14:52 14:53 98501547 01/31/98 LRT at Eureka 14:53 14:54 Resident App 60 mph (visual) S2911 14:54 Officer: Returned voice mail message _ H0573 11/16/97 Sun Preseason, Curfew, Complaint 16:13 16:13 • 97514736 1 1x'15/97 Brentridge at Howards Pt Road 16:13 16:28 Resident Sms in area last night S2 R 16:42 Officer: Talked to officer H0600 01/12/98 Mon Curfew 00 :00 01/11/98 Timber Lane at Lawtonka 16:37 Sm off lake 911 17:02 Officer: H0614 11/18/97 Tues Preseason 16:18 16:19 - 97514817 11/18/97 LRT Eureka /Smithtown 16:19 16:19 Resident Sms -2- WB on LRT; 1 no plate S2911 16:19 Officer: H0633 11/15/97 Sat Preseason allday 16:27 97514689 11/15/97 LRT at Teal 16:07 16:27 Resident Sms on LRT all day S2 911 R 16:27 Officer: H0636 11/15/97 Sat Preseason 16:08 16:27 O 97514690 11/15/97 LRT at Harding Lane 16:09 16:27 Resident Sm on LRT S2911 R 16:27 Officer: H0647 11/15/97 Sat Preseason 16:20 16:27 97514691 11/15/97 LRT at Eureka 16:21 16:27 Resident Sm on LRT S2911 R 16:27 4 earlier, 1 now Officer: H0674 11/18/97 Tues Preseason 17:33 17:39 97514824 11/18/97 LRT at Eureka 17:33 17:39 Resident Sms on LRT S2911 R 17:39 Office H0700 01/12/98 Mon Unfounded 17:55 17:bb 98500534 01/12/98 Harding Ln at Harding Ave 17:55 17:58 Resident Sm EB on LRT S2911 17:58 Officer: Officers on LRT R H0705 01/12/98 Mon Ran off trail by Sm 17:25 18:00 98500535 01/12/98 LRT at Smithtown 18:00 18:00 1997 - 1998 Snowmobile Data - All Fields Reported Page 12 Case Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid Clear Officer Action How: Rcvd Resident Walking dog on LRT S2911 18:00 Officer: Info received R H0738 01/11/98 Sun Curfew 21:59 01/11/98 LRT at Wedgewood 21:59 Sm on LRT 911 23:29 Officer: H0745 01/11/98 Sun Curfew 22:12 01/11/98 LRT at Wedgewood 22:12 Sm on LRT 22:12 Officer: H0747 01/19/98 Mon Juvenile violation 19:17 01/19/98 LRT at Wedgewood Officer Officer: 20:36 H0789 01/17/98 Sat Trespass - 2 Sms 19:14 01/17/98 Smithtown Rd Resident Officer: 911 19:17 H0832 01/22/98 Thurs LRT at Strawberry 01/22/98 Officer Officer. 21:10 H0838 02/03/98 Tues Speed, Run down 20:10 20:31 98501701 02/03/98 LRT at Smith & Strawberry 20:31 20:39 Resident Almost hit; req extra patrol S2911 21:30 - Officer: N/C - req for radar on LRT R H0890 01/31/98 Sat Speed 21:01 01/31/98 LRT at Eureka Resident High speed EB(on video) 911 23:57 Officer. R H0968 01/16/98 Fri Almost hit by Sm; Curfew 21:22 21:56 98500783 01/16/98 LRT 21:56 21:56 Resident Walking on LRT S2911 21:56 Officer: Info received R Trail Walk 12/13/97 Sat 1 hour, 0 sleds Staff Trail Walk Officer. 28 Trail Walk 12/20/97 Sat Not conducted Staff Trail Walk Officer: Trail Walk 12/27/97 Sat Not conducted Staff Trail Walk Officer Trail Walk 01/10/98 Sat 1 hour, no activity Staff Trail Walk Officer: -5 Trail Walk 01/18/98 Sun 1 hour, 20 sleds, 3 peds Staff Trail Walk Officer: 20 -25 Trail Walk 01/25/98 Sun 1 hour, no activity Staff Trail Walk 1997 - 1998 Snowmobile Data - All Fields Reported Page 13 Case # Date Rept Day of Complaint Time Cmtd Assign Dte Cmmted Week Location Time Rptd Arrive Rept By Description Grid Clear Officer Action How Rcvd- Off icer: 20's° Trail Walk 02/07/98 Sat 1 hour, 7 sleds Staff Trail Walk Officer: 20 Trail Walk 02108/98 Sun 1 hour, 4 sleds, 6 peds Staff Trail Walk Officer: 35 Trail Walk 02/14/98 Sat 1.25 hour, 0 sleds, 4 peds Staff Trail Walk Officer: 20's° Trail Walk 02/22/98 Sun 1 hour, 1 sleds, 3 peds Staff Trail Walk Officer: 30's° • • Complaint Day of Description or Type of Rpt Date Time Reported by Week Officer Action Commtd Commtd Location Almost hit dog Mon Sm, curfew concerns, "No 01/12/98 Rptd by: Resident motor Vehicles" signs questioned Almost hit by Sm; Fri Walking on LRT 01/16/98 21:22 Curfew Info received Rptd by: Resident LRT Curfew Fri Victoria Res 01/16/98 23:30 Rptd by: LRT & Strawberry Curfew Fri Victoria Res 01/16/98 23:30 Rptd by: LRT & Strawberry Curfew Mon Sm off lake 01/11/98 00:00 Rptd by: Timber Lane at Lawtonka Curfew Mon Sm 12/29/97 9:05 Rptd by: Resident LRT at Amlee Curfew Mon Tonka Bay Res 01/12/98 23:38 Rptd by: LRT & 19 Curfew Mon St Louis Pk Res 01/12/98 23:38 _ Rptd by: LRT & 19 Curfew Sun Sm on LRT 01/11/98 21:59 Rptd by: LRT at Wedgewood Curfew Sun Sm on LRT 01/11/98 22:12 Rptd by: LRT at Wedgewood Curfew Thur Sm on fire lane 01/01/98 02:59 • Rptd by: Resident Unable to locate Lakeview at Waseca Curfew Tues Sm on LRT 12/02/97 00:08 Rptd by: Resident Unable to locate, tracks observed LRT at Eureka Curfew Tues Sm 12/23/97 10:59 Rptd by: Resident GOA Cty 19 at Wedgewood Curfew Wed Lame Deer Mt. Res 01/28/98 22:20 Rptd by: LRT & Strawberry Juvenile violation Mon LRT at Wedgewood 01/19/98 19:17 Rptd by: Officer Day of Description or Type of Rpt Date Time Conimtd Commtd Complaint Week Officer Action Reported by Location 01/31/98 13:54 Sat on LRT Norse LRT at Eureka Rptd by: Resident 01/29/98 Thurs riding in neighborhood Noise Rptd by: Resident Shorewood Res 02/07/98 12:30 Operate in Prohib Sat Wedgewood Area Rptd by: Sat Hopkins Res 02/07/98 12:31 Operate in Prohib Wedgewood Area Rptd by: Sms on LRT all day 11/15/97 all day Preseason Sat LRT at Teal Rptd by: Resident 11/22/97 11:56 Preseason Sat Sm on LRT LRT at Wedgewood Rptd by: Officer Snowmobiles on LRT 11/15/97 12:07 Preseason Sat GOA, UTL Rptd by: LRT at Eureka 11/15/97 16:08 Sat Sm on LRT Preseason LRT at Harding Lane Rptd by: Resident 11/15/97 16:20 Sat Sm on LRT Preseason 4 earlier, 1 now Rptd by: Resident LRT at Eureka 11/23/97 11 :34 Preseason Sun Sm on LRT LRT at Wedgewood Rptd by: officer 11/23/97 12:15 . Preseason Sun Sm on LRT Adv no to snmbl til 12/1 Rptd by: Resident LRT at Wedgewood 11/23/97 12:17 Sun Sm on LRT Preseason LRT at Strawberry officer Rptd by: Off Sm So on Eureka to 7 11/23/97 12:25 Preseason Sun Unable to locate Rptd by: Resident Eureka Rd 11/23/97 13:00 Preseason Sun Sm on LRT LRT at Wedgewood officer Rptd by: O ff 11/23/97 15:13 Preseason Sun Juvenile Wood Dr & 7 Rptd by: Complaint. Day of Reported by Week Preseason Sun Rptd by: Resident Preseason Tues Rptd by: Resident Preseason Tues Rptd by: Resident Preseason Tues Rptd by: Resident Preseason, Curfew, Sun Complaint Rptd by: Resident Ran off trail by Sm Mon Rptd by: Resident Reckless Operation Sun Rptd by: Registration - expired Mon Rptd by: Date Commtd Registration - expired Mon Rptd by: 17:23 Registration - Fri improper disp LRT at Eureka Rptd by: Registration - Mon improper disp plate Rptd by: Registration - no #'s Sat displayed Sms on LRT Rptd by: 17:33 Registration - none Mon displayed Sms on LRT Rptd by: 17:34 Registration - none Sat displayed LRT Rptd by: Description or Type of Rpt Officer Action Location Date Commtd Time Commtd Sm 11/23/97 17:23 GOA LRT at Eureka Sms -2- WB on LRT; 1 no 11/18/97 16:18 plate LRT Eureka /Smithtown Sms on LRT 11/18/97 17:33 LRT at Eureka Sms on LRT 11/18/97 17:34 Out of position LRT Sms in area last night 11/15/97 16:13 Talked to officer Brentridge at Howards Pt Road Walking dog on LRT 01/12/98 17:25 Info received LRT at Smithtown Tonka Bay Res 02/08/98 13:30 LRT & Wedgewood Juvenile 01/26/98 19:43 LRT & Wedgewood Juvenile 01/19/98 19:43 LRT & Wedgewood Juvenile 01/16/98 21:55 LRT & Wedgewood Juvenile 01/26/98 15:51 LRT & Wedgewood Chanhassen Res 01/17/98 14:28 LRT & Strawberry Tonka Bay Res 01/19/98 19:43 LRT & Wedgewood Tonka Bay Red 01/24/98 12:14 LRT & 19 • • Complaint Day of Description. or Type ofRpt Date Time Reported by Week Officer Action Commtd Commtd Location Registration Expired Sun Tonka Bay Res 02/08/98 13:30 Rptd by: LRT & Wedgewood Safety Cert - none Fri Juvenile 01/16/98 21:55 Rptd by: LRT & Wedgewood Safety Cert - none Mon Juvenile 01/26/98 15:51 Rptd by: LRT & Wedgewood Safety Cert - none Mon Juvenile 01/26/98 19:43 Rptd by: LRT & Wedgewood Safety Cert - none Mon Juvenile 01/19/98 19:43 Rptd by: LRT & Wedgewood Safety Cert - not in Fri Juvenile 01/23/98 17:04 possession LRT & Wedgewood Rptd by: Safety Cert - not in Wed Juvenile 02/04/98 09:45 possession LRT & Wedgewood Rptd by: Speed Sat 30 mph over limit 02/07/98 12:26 Rptd by: Resident Citations issued - 2 LRT at Eureka Speed Sat App 60 mph (visual) 01/31/98 14:52 Rptd by: Resident Returned voice mail message LRT at Eureka Speed Sat High speed EB(on video) 01/31/98 21:01 Rptd by: Resident LRT at Eureka e Speed Sat High speed 01/31/98 21:10 Rptd by: Stopped at Timber Ln and advised LRT at Eureka Speed Sun Lack of Patrol 02/01/98 13:15 Rptd by: Resident Adv units on at 1330 LRT at Eureka Speed Thurs 3 WB on LRT 02/05/98 13:08 Rptd by: Resident Info LRT at Wedgewood Speed - 27 Sat Chanhassen Res 01/17/98 17:51 Rptd by: LRT & Eureka Complaint Day of Description or Type of Rpt Date Time Reported by Week Officer Action Commtd Commtd Location Speed - 27 Sat Chanhassen Res 01/17/98 18:00 Rptd by: LRT & Wedgewood Speed - 32 Mon Shorewood Res 01/12/98 19:30 Rptd by: LRT & Strawberry Speed - 33 Fri Waconia Res 01/16/98 21:55 Rptd by: LRT & Wedgewood Speed - 33 Sat Chanhassen Res 01/17/98 17:33 Rptd by: LRT & Wedgewood Speed - 34 Sat Crystal Res 01/24/98 15:40 Rptd by: LRT & Wedgewood Speed - 34 Sun Mound Res 01/25/98 11:35 Rptd by: LRT & Wedgewood Speed - 35 Mon Shorewood Res 01/12/98 17:29 Rptd by: LRT & Wedgewood Speed - 35 Sat Vadnais Hts Res 01/17/98 14:05 Rptd by: LRT & Strawberry ' Speed - 37 Wed Juvenile 02/04/98 09:45 Rptd by: LRT & Wedgewood Speed - 38 Fri Mound Res 01/23/98 16:42 Rptd by: LRT & Wedgewood Speed - 38 Thur Deephaven Res 01/22/98 20:25 Rptd by: LRT & Strawberry Speed - 39 Sat St Cloud Res 01/24/98 14:52 Rptd by: LRT & Wedgewood Speed - 40 Fri Victoria Res 01/16/98 23:30 Rptd by: LRT & Strawberry Speed - 40 Mon Mound Res 01/12/98 19:20 Rptd by: LRT & Strawberry Speed - 40 Mon Tonka Bay Res 01/19/98 19:43 Rptd by: LRT & Wedgewood Speed - 41 Mon Edina Res 01/12/98 20:09 Rptd by: LRT & Strawberry • n Time tion or Type of Rpt Date nmtd Commtd D of Description. Officerr Action Complaint k Location 01/23 Wee 18:46 g by Shorewo Res Fri LRT & Strawberry 0111"1198 14 :55 Speed - 43 a ges Rptd by Sat LRT & Strawberry 14:15 Speed _ 43 01/24 ound ges Rptd by: Sat RT & Wedgewood 01113198 20:01 Speed 45 Sp nnetonka Res Rptd by: Tues RT & Eure Way 0210 ,7198 15.04 Speed - 45 Rptd by M / V lnT e&tonka Rew:55 Speed - 46 Sat Wedgy ood 14 0111 Lake geS Rptd by: prior Lak 11 :2 Sat LR T & Strawberry 02101198 4 Spee 47 Rptd by: Eager Res ewood Sat L RT & Wedg 0111y /98 14 :55 e e d . 62 Rp td by: Sat LRT & s 1'1 Speed over 20 01/23198 Rptd by: Fri uv il Wedge`�'ood 02/03/98 20:10 Speed -radar extra p Lg _ ost hit; req T Rptd by: Tues A _ r eg for radar On LRT Speed, Run do LRT at Smith & strawberry Resident atrolled 01105198 Rptd by: Sm are no t being P Speed, tresp Moll Sm 16 :38 concerns wayzataRrekaway Rptd by: Resident Sat LRT & E 12/22/97 St - fail to stop property Hay bales Rptd by: Mon Sm on p 09 P l a ced 011191 Trespass esident Rptd by: M thr ° o call City for mor hay Ad signs Trespass bales, Rptd by: Resident Smithtown Rd 12128 11 On resident prop e rring M °n pdv to call when a Smithtown Trespass Smithtown way Rptd by: Resident Circle Complaint Reported by Trespass Rptd by: Residen Trespass Rptd by: Resident Trespass Rptd by: Resident Trespass Rptd by: Resident Day of Description or Type of Rpt Date Week' Officer Action Commtd Location Sun Driveway 01/18/98 t GOA Harding Ln at Harding Ave St Albans Green WB on Cty Rd 19 Tues Sm on property edge Placed 11/18/97 hay bales Sm Tues Sm through yard last night 11/17/97 Wedgewood at Teal Tues Damage to shrubs 01/27/98 17:24 Referred to Shorewood Officer Cathcart Dr Trespass Wed Sm on property 01/14/98 Rptd by: Resident Trespass - 2 Sms Rptd by: Resident Trespass in Park Rptd by: Resident Unfounded Rptd by: Resident Unfounded Against Traffic Rptd by: Resident Unknown complaint Rptd by: Resident Warning - no reg #'s Rptd by: Warning - Op in Prohb Area Rptd by: Warning - Op in Prohib Area Rptd by: Warning - Op in Prohib Area Rptd by: Warning - Registration Rptd by: Sat Smithtown Rd Thurs Sm in Pleasant Park - kid Verbal Warning Pleasant Park Mon Sm EB on LRT Officers on LRT Harding Ln at Harding Ave Sat WB on Cty Rd 19 Officers on LRT LRT at Cry 19 Tue Sm Unable to respond LRT at George St Fri Victoria Res LRT & Strawberry Sat Minnetonka Res LRT & Water St Sat Minnetonka Res LRT & Water St Sat Waconia Res LRT & George St Sat Excelsior Res LRT & Timber Lane 01/17/98 19:14 11/20/97 13:40 01/12/98 17:55 01/17/98 00:13 12/30/97 17:55 01/16/98 23:30 01/17/98 15:05 01/17/98 15:05 01/17/98 15:05 01/17/98 13:25 • • 0 Complaint ; Description or Type of Rpt Reported by Time Week Officer Action Warning - Commtd Registration Expired Rptd by: Trail Walk Warning - Speed Rptd by: 17:53 Warning - Speed Rptd by: 1 hour, no activity Warning - Speed Rptd by: 21:12 Warning - Speed Rptd by: Warning - Speed Rptd by: 12:47 Warning - Speed Rptd by: Wetland, Prop Damage 02/07/98 Rptd by: Resident Rptd by: Officer Rptd by: Staff Rptd by: Staff Rptd by: Staff Rptd by: Staff Day of ; Description or Type of Rpt Date Time Week Officer Action Commtd Commtd Location Sat Trail Walk Sat Chanhassen Res 01/17/98 17:53 LRT & Wedgewood 1 hour, no activity Fri Chaska Res 01/16/98 21:12 LRT & Wedgewood Sat Chanhassen Res 01/17/98 12:47 LRT & Smithtown Sat Shorewood Res 02/07/98 14:46 LRT & Wedgewood Sat Edina Res 01/31/98 16:00 LRT & Strawberry Sat Chanhassen Res 01/17/98 19:19 LRT & Wedgewood Sat Shorewood Res 01/17/98 19:19 LRT & Wedgewood Mon Sm 01/12/98 13:42 Was monitoring, sled gone Amlee at Manitou Mon LRT at Strawberry Sat Trail Walk 28° 1 hour, 0 sleds Sat Trail Walk Not conducted Sat Trail Walk Not conducted Sat Trail Walk -5° 1 hour, no activity 01/19/98 15:14 Rptd by: Staff Sat Trail Walk 20° 1 hour, 7 sleds Rptd by: Staff Sat Trail Walk 20's° 1.25 hour, 0 sleds, 4 peds Rptd by: Staff Sun Trail Walk 20 -25° 1 hour, 20 sleds, 3 peds Rptd by: Staff Sun Trail Walk 20's° 1 hour, no activity Rptd by: Staff Sun Trail Walk 35° , 1 hour, 4 sleds, 6 peds Rptd by: Staff Sun Trail Walk 30's° 1 hour, 1 sleds, 3 peds Rptd by: Officer Sun Tow 02/08/98 12:50 LRT at Wedgewood Rptd by: Officer Thurs LRT at Strawberry 01/22/98 Rptd by: Resident Tues Not able to attend mtg, noted 01/27/98 concerns re: snowmobiling Rptd by: Resident Tues Call to support snowmobiles 01/27/98 in Shorewood DUI / Speed / Unreg Sun Activity Report 02/08/98 12:50 Rptd by: Officer, w /assist Citations - 1 DUI- 1 Unreg - 1 Impound - 1 Note: less than 5 sleds in .75 hour Juve / Speed / Fri Activity Report 01/16/98 18:54 Curfew / No reg Citation - 6 displayed Impound - 1 Rptd by: Officer, Verbal - 1 w /assist, sgt Written Waml Note: heavy snowmobile traffic on LRT Tournament Application City of Shorewood Organization or Group requesting space Park Location Field or Rink Tournament Dates Times Rain Dates Rain Date Times Tournament Coordinator Address Home Phone Business Phone Application Procedure This completed application must be submitted for review and approval by the City Administrator 60 days prior to the tournament date. Activities such as altering terrain, moving picnic tables, or driving in grass areas (which could damage irrigation lines) must be clearly described in writing and submitted with this application. Other items required at time of application are Evidence of Insurance and a Schedule of Events. The Schedule must include: • The number of events and times scheduled for each. (Please note that there must be a 30- minute period between scheduled events to facilitate parking.) • The number of participants at each event • The estimated number of vehicles at each event. Upon Approval of the Application The tournament fee as shown below, along with the refundable clean -up /damage deposit of $125 are both due at the time of application approval. All fees and agreements shall be in effect for a rain date. Tournament Fee Schedule as per City Code 1301.02 Per Feld $50.00 /day (Resident) / $150 /day (Nonresident) Per Rink $30.00 /day plus attendant salary Per Entire Soccer Area $150 /day (Resident) / $450 /day (Nonresident) During and After the Tournament The City expects the park to be left in the same condition following the tournament as it was prior to the tournament. The following steps toward that end are requirements of the applicant: • The sponsors will be entirely responsible for the operation of the tournament, and will be expected to assume financial responsibility in case of damage, loss, etc. • Applicant must provide for the delivery of a commercial dumpster prior to the tournament and for its pickup immediately after the tournament. All litter must be picked up and placed in trash containers. Trash containers must be emptied periodically into trash dumpster. • Additional portable rest rooms must be rented at the sports organization's expense for groups larger than 500. Additional fees for electricity, water, trash collection, etc. will be billed to the sports organization if necessary. I have read and understand the above regulations and agree that they will be followed by our organization. I also agree that as Tournament Coordinator, I or a designated replacement must be on site during all tournament activities. Applicant Signature Date Approved Date Note: A tournament is a series of elimination games separate from the regular season schedule. Although no fees are required for annual season playoff games, all tournament rules apply. CITY OF SHOREWOOD CITY COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, JULY 7,1998 7 :00 P.M. MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:01 p.m. ROLL CALL Present: Chair Borkon; Commissioners Bailey, Callies, and Collins; Planning Director Nielsen; City Engineer Brown; and Council Liaison O'Neill. Absent: Commissioner Anderson. • APPROVAL OF MINUTES Planning Commission Minutes - June 16,1998 Bailey moved, Collins seconded approving the Planning Commission Minutes of June 16, 1998, as presented. Motion passed 4/0. 1. 7:00 P.M. PUBLIC HEARING - PRELIMINARY PLAT - CHRISTMAS SHORES Applicant: Keith Waters and Associates, Inc. Location: 5715 Christmas Lake Road Keith Waters and Don Peterson were in attendance on behalf of Keith Water and Associates, Inc. Chair Borkon reviewed the public hearing process with the public regarding this issue. City Planner Neilsen introduced the Preliminary Plat case to the Commission. He described the property that is being discussed and stated that this site a peninsula on R -lA zoning that is subject to shoreland district and Department of Natural Resources regulations. Neilsen stated that the applicant is proposing a subdivision of this land into five single family lots. He presented the City's street realignment of Merry Lane and the formation of the lots. Neilsen explained that the Outlot on the north end of the site is required by the Minnehaha Creek Watershed and would also buffer the development from Highway 7. Staff finds that this site meets or exceeds the square footage requirements and that lot widths and depths are met for each lot. Neilsen explained that due to the upgrade, Merry Lane would need to be widened by two feet and overlaid. Neilsen stated that increased signage would need to be placed on Merry Lane to keep public access traffic away from the residential cul -de -sac. City Engineer Brown stated that one of the most controversial issues with this case is the road alignment for Merry Lane. He explained that, originally, Christmas Lane was going to be the PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 2 meeting point but speeding traffic is a concern at that intersection. Mr. Brown stated that another option would be to elongate Merry Lane out. However, the problem with this option is that boat traffic could be a concern for the residential area. Mr. Brown stated that there needs to be a clear separation between residential and boating traffic and that this should be created by the road alignment. Mr. Waters, stated that Don Peterson, a civil engineer was along with him to answer questions. He described in greater detail the lake setbacks and lot layouts for this site. All lots are sized to meet setbacks for houses on both the street and lake sides. Mr. Waters has designed the cul -de- sac to be on the same location as the past building site. This allows for the least amount of tree removal and grading. Mr. Waters explained that the Anderson's and Bruce's will both have access to the cul -de -sac through a drive -way easement. He stated that the road access was designed to protect the residential development from highway noise and traffic. Don Peterson, the Project Manager and Civil Engineer, commented on the grade and cul -de -sac location. He stated that he wants to minimize the amount of land development and change in . grade. Mr. Peterson declared that the widening of the road easement would not affect any lot lines or easements and that all setbacks will still remain in tact. He agreed that the intersection at Merry Lane needs to be distinct so as to discourage boat traffic from entering the neighborhood. Chair Borkon opened the public hearing at 7:45 p.m. Peter Lehman, 21265 Radisson and 21285 Radisson Road, stated that he is directly adjacent to Merry Lane and that the traffic flow and road alignment are concerns. Mr. Lehman presented several alternatives for the Merry Lane realignment. He stated he has concerns with boat traffic and residents parking on the street. His proposed realignment would decrease the flow of traffic near his home on Merry Lane and slow boat traffic while approaching the public access. Chair Borkon asked the City Engineer if these alternatives were at all feasible. Mr. Brown stated that the NERF pond on Outlot A wouldn't be allowed if the road was moved as Mr. Lehman suggested. Mr. Lehman stated that the buffers on the new lots are important and should be considered for his land, as well. Bob Anderson, 5725 Merry Lane, stated that he has lived adjacent to this property for 25 years and is supportive of the lot split and development. Glenn Kessel, 21095 Radisson Road, complimented the developer on the development of this site. Mr. Kessel raised a question regarding the drainage of storm water. Mr. Peterson stated that a portion of the water would slope down the peak of the hill towards the lake and that the rest would run down the road and into the pond. Mr. Peterson explained that there would be a sediment filter on the drainage pipe to purify the water before dumping into the lake. Mr. Kessel asked if the pond will handle a 100 year rain. Mr. Peterson stated that the pond would be large enough for that to gain approval from the watershed district. Mr. Peterson explained that the grade of the proposed road will be lowered to correct the current wash out problems. Mr. Kessel PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 3 asked if Mr. Waters would be the developer and designer of homes on the new lots. Mr. Waters stated that this would be a contingency for these lots. Jim Bruce, 5755 Merry Lane, pointed out his lot to the Commission and stated how his lot reconfiguration would benefit him. Mr. Bruce stated that Mr. Waters has been very sensitive to the current owners and is pleased with the proposed development. Dennis Jabs, 20915 Radisson Road, questioned the maintenance of the holding pond. Mr. Brown stated this issue will be addressed in greater detail with the final plat. He explained that the homeowner's association could take on the maintenance of this pond. Mr. Brown reported that Staff would make a recommendation and that the City Council would decide who maintains the pond, with final plat approval. Mr. Waters stated that he would like to see the homeowners association take care of the maintenance. Mr. Jabs asked how the pond would be emptied into the lake. Mr. Peterson stated that it will follow an existing pipeline. Mr. Jabs questioned the number of docks that would be allowed on these lots and their length. Chair Borkon stated that . this issue would be monitored by the DNR. Ms. Bernice Brooks, 21195 Radisson Road, asked if the new road for this development would be public or private. Mr. Peterson stated that it would be a public road. Mr. Whitney Johnson, 5780 Christmas Lake Rd, asked for clarification on the number of new lots in this development. Mr. Peterson stated that there would be five new lots and one lot reconfiguration. Ms. Sherry Davis, 21125 Radisson Rd, stated that Mr. Waters has built two house for her in the past and that she was very pleased with his work. Hearing no further public testimony, Collins moved, Bailey seconded closing the public hearing at 8:10 p.m. Motion passed 4/0. Chair Borkon stated that all letters received prior to tonight's meeting are being taken into consideration along with the public's testimony. She then commented on the maintenance of the NERF pond and asked about enforcement issues. Mr. Brown stated that the watershed has control on the enforcement and would check the pond on a yearly basis. Any corrective action necessary would be the responsibility of the homeowner's association. Chair Borkon asked if the retention pond could be moved to another site on this plat. Mr. Peterson stated that the current location is the best place for the pond because it is the lowest point on this site. He explained that at its current placement would screen out Highway 7 with a berm. Chair Borkon questioned the height of the berm. Mr. Peterson stated that it is currently at four to five feet, but that it will be determined with final plat. He claimed that he would like to have it up to six or seven feet high for final grading. PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 4 Chair Borkon asked a further question in regard to dock regulations. Neilsen explained that docks cannot be built on a lot without a dwelling on site. The LMCWD rules apply to these docks and limit lots to only one dock. Neilsen stated that the docks must be located at least ten feet from the lot lines extended out over the water. He added that for Lots 5 and 6 there is questions regarding their length and placement due to the narrow waterway. He stated that there could be a contingency to shorten these docks and have them placed away from the dam. Chair Borkon questioned the awkward alignment of Merry Lane. Commissioner Bailey asked if Mr. Brown had experience with this design before. Mr. Brown stated that this was a difficult alignment and that there is not a way to avoid boat traffic altogether. He stated that heavy signage will be necessary to keep this intersection flowing. Commissioner Callies asked if there was another way to separate the boat access and residential traffic by splitting the road in two. Neilsen stated that this would not be an option without acquiring residential land. Chair Borkon asked Mr. Jabs the number of boats that use the public boat access. Mr. Jabs stated it could be up to 3,500 boat visits per season (May to September). Chair Borkon asked at what times the lake is monitored. Mr. Jabs stated that it was monitored from 6:00 a.m. to 10:00 p.m., and could fluctuate due to losing daylight hours. Jeff Ault, 17010 Minnetonka Avenue, access monitor, stated that he receives about 25 boats on weekdays and 35 to 40 on the weekends. Commissioner Collins stated that the traffic situation will continue to be an issue but that the proposed intersection by Staff is the best solution. Neilsen stated that through effective signage the flow could be improved at the boat launch. He explained that the City wants a distinct difference between the boat launch and residential land. Commissioner Callies asked the applicant why the Anderson's have not been included in these plans. Mr. Peterson stated that there property is not being modified in any way through this subdivision. Callies maintained that there will be an easement for their driveway and ponding • issues in the future, for these reasons they should be included. Commissioner Bailey questioned the tree preservation for this subdivision and stated that it was extremely vague. Neilsen explained that this is because the development of the grading plans need to be finalized and approved by City Council before the tree preservation can be more specific. He stated that an updated preservation list will be provided at a later time. Chair Borkon asked for the number of square feet each house would be. Mr. Waters stated that he has a general notion that they will be between 2,200 and 3,400 square feet. Chair Borkon questioned if Waters would be doing all the development and construction. Mr. Waters explained that this would be a contingency for each property and that he would develop each lot from start to finish. PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 5 Commissioner Collins asked if Merry Lane could shift over to give Mr. Lehman enough land to create his own landscaping berm. Neilsen stated that the road will remain on its existing path and that it will only be widened to stay with City code. Collins moved, Bailey seconded approving the subdivision of approximately 6.86 acres of land located in the southeast quadrant of Christmas Lake Road and State Highway 7 into five residential lots and one outlot with additional language to be included regarding dock size and/or length and that the developer provide documentation of the driveway easement by final plat approval, subject to the City Engineer's review, comments and subject to Staff recommendations. Motion passed 4/0. Nielsen explained this matter will come before the City Council for their review and consideration on Monday, July 27, 1998. Chair Borkon called for a recess at 8:55. The meeting was reconvened at 9:02 p.m. 0 2. 7:15 P.M. PUBLIC HEARING - C.U.P. FOR SPECIAL HOME OCCUPATION Applicant: Doug Kurkowski Location: 27200 West 62nd Street Doug and Jill Kurkowski were in attendance regarding their case. Chair Borkon reviewed the city procedures for the public hearing. Planning Director Neilsen stated that Mr. Kurkowski recently purchased this site and is looking to start a home occupation at this site selling head sets with one and one -half employees not living at this site. The property is zoned R -lA and contains 3 acres surrounded by single family homes. The applicants request meets this requirements of the City with one exception. Neilsen stated that the aspect of employment is a concern. The City allows for only one employee, not . living on the site, to work in the business. The applicant has one full time and one part-time employee at this time. Mr. Doug Kurkowski, 27200 West 62nd Street, stated that this business is for both him and his wife. He explained that his traffic flow is minimized by having UPS deliver once a day. Mr. Kurkowski stated that the part -time employee is wife's father, and that he works only several hours a day on shipping. Chair Borkon opened the public hearing at 9:07 p.m. Mr. Gary Anderson, 26940 West 62nd Street, stated that he has three daughters and is concerned about non - residential traffic flow on this street. He commented that as the business prospers it will steadily be increasing the flow of traffic and number of delivery trucks into the neighborhood. PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 6 Mr. Mike Kerber, 26960 West 62nd Street, voiced his concern about the traffic flow, as well. Mr. Kerber stated that there is remodeling taking place at this site to accommodate this business. Neilsen stated that the work that is being done and is permitable, and that the applicant did receive a building permit for this. Mr. Kerber questioned what the hours of operation were for this business. Mr. Kurkowski stated that the hours of operation were from 8:30 a.m. to 5:00 p.m. Monday through Friday. Mr. Kerber questioned the direct rights of the residents in this neighborhood in relation to the home business. Neilsen stated that there is a one year review and where the residents may voice concerns at that time. Neilsen explained that if there was any violation of City regulations that there are grounds for revocation of the permit immediately. Mr. John Rainey, West 62nd Street, stated he is concerned about the traffic flow and about the number of shifts and days the home business would be working. Neilsen clarified the hours and days of operation. Hearing no further public testimony, Bailey moved, Callies seconded closing the public hearing at 9:22 p.m. Motion passed 4/0. 0 Commissioner Bailey asked if the Commission could set a limit to the number of deliveries per day. Neilsen stated that this could be done but there would be difficulty in monitoring this but that the Commission could recommend a limited number of trips. Commissioner Callies questioned the definition of "one employee" as found in the City's ordinance. Neilsen stated the City defines this to mean one employee, period. Commissioner Collins asked the applicant where the business was presently operating. Mr. Kurkowski stated that they are currently working in Minnetonka. Collins suggested that the applicant have one employee work at his own home and do the telemarketing, to avoid the employee concerns. Chair Borkon stated that the employee issue for this permit is a concern, along with the traffic • issue for this neighborhood. Council Liaison O'NeiIl stated that setting a limitation regarding the number of deliveries should be included in the motion for approval. Collins moved, Bailey seconded to deny a Conditional Use Permit for a Special Home Occupation Permit with 1 1 /z employees for Doug Kurkowski, 27200 West 62nd Street for discussion. Chair Borkon asked if the applicant needed to reapply for the conditional use permit if the Planning Commission denied the case as presented. Neilsen stated that this was not necessary if a motion was restated to amend the permit. Hearing no further discussion there was a roll call vote. Motion passed 4/0. Callies moved, Bailey seconded to approve a Conditional Use Permit for a Special Home Occupation Permit for Doug Kurkowski, 27200 West 62nd Street with one employee and PLANNING COMMISSION MINUTES JULY 7,1998 - PAGE 7 with the applicants attempting to avoid excessive traffic and deliveries, subject to staff recommendations. Motion passed 311. (Collins was the opposing vote). Nielsen explained this matter will come before the City Council for their review and consideration on Monday, July 27, 1998. 3. MATTERS FROM THE FLOOR Mr. John Rabies, 26960 West 62nd Street, questioned why West 62nd Street has no "dead -end" sign. Neilsen stated that this will be changed and that a "no outlet" sign could be placed on this street. 4. REPORTS • Neilsen stated that the Land Conservation Committee has been meeting every other Monday morning. He explained that this group is to make recommendations for some amendments to the Comp Plan. As a goal for this group they would like to acquire land for open space within the City. He stated that they are proposing 100 acres as their goal. Any recommendations will be forwarded to the Planning Commission, along with their minutes. 5. ADJOURNMENT Collins moved, Callies seconded adjourning the meeting at 9:49 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED Heidi Wirth Recording Secretary Timesaver Off -Site Secretarial, Inc. r � CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY, JUNE 16,1998 MINUTES CALL TO ORDER Chair Borkon called the meeting to order at 7:03 p.m. R()T,T, CALL CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Present: Chair Borkon; Commissioners Bailey, Callies, Collins and Anderson; Planning Director Nielsen; Council Liaison ONeill. • Council Liaison O'Neill introduced Erica Johnson who is completing an internship with the City of Shorewood. APPROVAL OF MINUTES Planning Commission Minutes - June 2, 1998 Collins moved, Anderson seconded approving the Planning Commission Minutes of June 2, 1998, as amended on Page 3, Paragraph 3, Sentence 2, insert a period after "requirement" and delete the remainder of the sentence; Item B, Paragraph 6, Sentence 2, change "Limited" to "Special'. Motion passed 4/0. (Chair Borkon abstained.) Chair Borkon asked for nominations to fill the position of Vice Chair. is Collins moved, Anderson seconded nominating Commissioner Callies to the position of Vice Chair. Commissioner Bailey inquired whether Commissioner Collins would be interested in the position since he is the next senior member of the Commission and noted he did chair the previous meeting. Commissioner Collins declined. Vote on Motion: Motion passed 510. STUDY SESSION 1. COMPREHENSIVE PLAN - NATURAL RESOURCES CHAPTER Planning Director Nielsen distributed a revised copy of the Natural Resources Chapter of the Comprehensive Plan and reviewed the changes which have been made by the Council. PLANNING COMMISSION WORK SESSION MINUTES JUNE 16,1998 - PAGE 2 NR -3 With respect to Item No. 9, Chair Borkon suggested utilizing a word other than "control." Nielsen suggested: "Where feasible, preservation of natural open space areas shall be achieved through conservation easements, acquisition or development regulation." The Commission was in agreement with this change. 191 In discussing Item No. 12, Commissioner Callies did not feel it beneficial for the Commission to be reviewing the Plan addressing language issues. She felt the Commission should be looking at the big picture as it relates to the goals of the City and providing input relative to those goals. Chair Borkon commented the Commission is going through verbiage since it has already been decided this is the route the City will be taking. The actual plan to make these goals work is currently being considered by the Ad Hoc Committee which has been developed. • Commissioner Callies stated she disagrees, as may others, that the City have a policy that all open space shall be kept as open space indefinitely or that the City should do something about the open space since some of this open space may be adequately protected by other regulations. Council Liaison ONeill pointed out the reference to conservation easements and noted this has nothing to do with the City, but would be something an individual property owner could do to preserve green space. Commissioner Callies felt perhaps the term "open space" should be defined. Council Liaison ONeill stated before any taxpayer money would be spent, the Ad Hoc Committee will investigate the possibility of conducting a referendum to determine whether the taxpayers would be in favor of the City acquiring green space. Commissioner Anderson noted this is the policy of the Council and the goal is to begin to is preserve green space going forward. Council Liaison ONeill stated the Council wishes to pursue this. Commissioner Anderson felt there to be a risk in that it is implied development in the community will be stopped by stating the City is pursuing this goal by keeping the remaining spaces green. He expressed concern relative to a land owner who might have property and this would ultimately reduce the value of the property by in some way putting a moratorium on the property. Council Liaison ONeill stated the trail survey reflects there is interest in the community in preserving green space. Commissioner Bailey felt this to be a general expression of policy and was not opposed to this item. PLANNING COMMISSION WORK SESSION MINUTES JUNE 16,1998 - PAGE 3 NR -17 Chair Borkon was opposed to Item No. 5 which states, "The requirements of the Wetland Conservation Act will be actively enforced." Commissioner Callies suggested changing the wording to, "The requirements of the Wetland Conservation Act have been incorporated into Shorewood's wetland code." Chair Borkon noted her agreement with this suggestion. Commissioner Collins felt this language should be consistent with the reference on NR -1 to "the provisions of the Wetland Conservation Act." Nielsen suggested changing the language in Item No. 5 on NR -17 to be consistent. It was agreed Item No. 5 will be rewritten to read, "The provisions of the Wetland Conservation Act have been incorporated into Shorewood's wetland code." Commissioner Bailey commented he is sympathetic to the idea of a ratio, however, he stated he is unable to evaluate whether or not this is a good number. He felt this to be a good method to • use in preserving green space. Nielsen explained 30 percent was the prior requirement for shoreland, however, this was reduced to 25 percent by the DNR. He noted the 25 percent requirement has worked well. 0 - m9 Commissioner Anderson questioned whether there are regulations relative to filling and excavating soils. He noted some sites have a history of problems with soils or there may be a need for fill. He asked if there are regulations relative to the type of fill which is used. Commissioner Anderson also questioned what the City does to be aware of the existence of petro stations or if there is a bad site which could potentially run on and contaminate other properties. Nielsen explained there is an inventory of old petro sites. He explained two instances of leakage within the City and the corrective measures which were taken in that regard. Nielsen explained the City periodically receives reports from the Fire Marshall's office relative to leaks or spills. Commissioner Anderson felt there should be a policy by which the City is notified of any new tanks which are installed in the City. In addition, he felt there should be an inventory of any existing sites within the City. Nielsen also explained the City routinely receives reports from the PCA relative to fills. These are generally on a case by case basis, as they are discovered. Commissioner Anderson noted Shorewood is a community with numerous private wells and expressed concern relative the spread of contamination. Nielsen pointed out as a part of the stormwater management plan, cities are required to have a well head protection plan which would cover the deep wells of the City. He noted there is also a provision relative to residential wells. PLANNING COMMISSION WORK SESSION MINUTES JUNE 16, 1998 - PAGE 4 Commissioner Anderson felt the City should be notified when a new tank is installed and that contaminated sites be addressed in such a way that the City strongly encourages immediate clean up of identified sites and attempts to find mediation solutions. Nielsen will investigate this issue. Commissioner Anderson inquired whether the City has an inventory of hazardous waste generators. Nielsen pointed out there are no hazardous waste generators within the City. NR -12 Council Liaison O'Neill pointed out relative to NR -12, Item No. 7, that ponds are used to control the volume of runoff rather than to collect and filter pollutants. He also expressed concern relative to the efficiency of NURP ponds. He asked the Commission to provide any suggestions they may have relative to rewording of this provision. Council Liaison O'Neill stated he would like to explore alternatives which may be more effective. Nielsen pointed out some of this will be addressed through the stormwater management study which is being undertaken. . Commissioner Bailey suggested, "Require methods to collect and filter pollutants in stormwater runoff before it reaches the wetlands." Nielsen will review this and make some revisions to this item. 2. MATTERS FROM THE FLOOR - None 3. REPORTS Erica Johnson reported on the Ad Hoc Committee and stated it is the goal of the committee to recommend a process for the City to utilize in obtaining green space. The committee met once to date and has discussed conservation easements as well as the possibility of obtaining land through bond referendum. 0 Nielsen reported there will be a request for a Conditional Use Permit for a Special Home Occupation coming before the Commission on July 7, 1998. In addition, the Commission will also be considering a request to divide an approximately 6.8 acre site into five single family lots on Christmas Lake Road. Nielsen inquired whether the Commission is interested in expanding the notice area. He noted he did advise the developer to contact the neighborhood association to notify them of this request. The Commission was satisfied with utilizing the notice area which is contained in the ordinance. Nielsen also supplied the Commission with copies of the recent survey which was completed by Decision Resources, Inc., relative to a trail plan in the City. PLANNING COMMISSION WORK SESSION MINUTES JUNE 16,1998 - PAGE 5 Commissioner Collins felt it important the Council recognize Commissioner Lizee for her years of service on the Commission. Council Liaison O'Neill expects a plaque will be presented to Commissioner Lizee from Mayor Dahlberg in appreciation for her service. tD Commissioner Callies stated although she did not know Commissioner Lizee well, she did a fine job on the Commission. Commissioner Bailey suggested the plaque should read, "It is better to live on your feet than to die on your knees." Chair Borkon stated she respects and admires Commissioner Lizee and that she had the resolve to leave, it being better to die on her feet than to live on her knees, which she felt she would be doing if she did otherwise. 4. ADJOURNMENT • Anderson moved, Callies seconded adjourning the meeting at 8:47 p.m. Motion passed 510. RESPECTFULLY SUBMITTED Cheryl Wallat Recording Secretary TimeSaver Off -Site Secretarial, Inc. E CITY OF OUT ff uvrl • � TO: FROM: DATE: RE: FILE NO.: BACKGROUND SHOREWOOD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 FAX (612) 474 -0128 • www.state.net /shorewood • cityhall@shorewood.state.net Planning Commission, Mayor and City Council Brad Nielsen 1 July 1998 Christmas Shore — Preliminary Plat 405 (98.08) Keith Waters & Associates, Inc. has requested approval of a preliminary plat to subdivide approximately 6.86 acres of land located in the southeast quadrant of Christmas Lake Road and State Highway 7 (see Site Location map — Exhibit A, attached) into five residential lots and one outlot. The subject property forms most of a peninsula on the north end of Christmas Lake. As shown on Exhibit B, the site rises approximately 30 feet from the north to the south before dropping back to the shore of Christmas Lake. The property was formerly occupied by Interstudy, a medical research campus that had existed by a conditional use permit. Records show that, at one time, it was anticipated that as many as seven single - family residential lots might be created. The City has had several inquiries relative to the development of this property, ranging from more lots to townhouses. Given the configuration and zoning of the property, it now appears that five lots is the maximum allowable development of the site. The property is zoned R -1 A/S, Single - Family Residential/Shoreland. It is bounded by Christmas Lake Road to the northwest, Radisson Road and Highway 7 to the north, Merry Lane to the east and Christmas Lake to the south and southwest. Existing land use and zoning surrounding the site are as follows: ♦ PRINTED ON RECYCLED PAPER =I, Memorandum Re: Christmas Shore Preliminary. Plat 1 July 1998 North: Commercial (in Greenwood) East: Single - family residential (three old cabins), two existing homes on the east side of the peninsula, and the Merry Lake public access; zoned R -1 A/S South: Christmas Lake West: Single - family residential; zoned R -IA/S In addition to the five new lots proposed by the developer (see Exhibit C), an existing parcel of land on the east side of the peninsula has been incorporated into the plat. This existing parcel, shown as Lot 2, will be enlarged and slightly reconfigured. The development will be served by a new cul -de -sac street extending from Merry Lane. The new street will also serve the two existing homes on the east side of the peninsula, which • now share a common driveway extending south from the public access site. Additional background is provided in the developer's request letter, dated 2 June 1998 (Exhibit D, attached). Exhibit E contains a Grading, utility and (conceptual) Landscape Plan. ISSUES AND ANALYSIS Based upon a review of the preliminary plat and Shorewood's Comprehensive Plan, - Zoning Code and Subdivision Code, the following issues should be considered in the evaluation of the proposed development: A. Land Use /Zoning. The plat is consistent with the Land Use Plan contained in Shorewood's Comprehensive Plan, which calls for single - family residential . development of the area in question at a density of 0 to 1 unit per 40,000 square feet of area. The areas, widths and depths of the proposed lots meet or exceed the minimum requirements of the R -1 A/S zoning district. Lots range in area from 40,586 square feet to 57,454 square feet. The property which has been added as Lot 2, although smaller than 40,000 square feet, is being enlarged by approximately 700 square feet. The proposed outlot, which will contain a retention pond for the development, contains 27,075 square feet of area. For the most part, building setbacks shown on the plat comply with zoning and shoreland regulations. It should be noted, however, that side yard setbacks in shoreland areas must total 30 feet with no one side being less than 10 feet. All lots are wide enough to comply with this requirement. -2- Memorandum Re: Christmas Shore Preliminary. Plat 1 July 1998 Although Lot 1 ends up with an unusual configuration, the buildable area is adequate for construction of a home. Its shape is considered unavoidable due to the boundaries and topography of the site. As a through lot, Lot 6 has somewhat extraordinary setback requirements. Again there is ample room for a home to be built. All other lots have more standard configurations, with proposed lot lines being as close to perpendicular to both the street and the shoreline as possible. B. Circulation/Streets. The developer has examined a couple of ways to access the subject property, finally settling on Merry Lane, despite the substandard cabins and the public access to the east of the site. Per City staff direction, he proposes to dedicate additional right -of -way for Merry Lane, up to where his new street starts. The new street then turns sharply, extending southeasterly to the top of the existing hill on the south end of the property, terminating in a cul -de -sac. Although there is • some concern about the sharp curve so near the intersection with the existing road, this is mitigated by the relative small number of homes and the desire to separate the new project from the public landing. Providing access to the public street for the two existing homes on the peninsula is considered to be a substantial benefit to those properties. Since redevelopment of the property to the east will not likely generate additional lots, it is recommended that an additional eight feet of right -of -way be dedicated as part of this plat, bringing Merry Lane to the standard 50 -foot width. This will not adversely impact any of the building sites. As part of the final plat for this development, the developer will have to provide easement and maintenance agreements for the common driveway which will serve the two existing lots to the east. C. Drainage, Grading and Utilities. These items will be addressed by the City Engineer under separate cover. For purposes of this report there are certain items worth mentioning (see Exhibit E): Drainage. The developer proposes to collect drainage from the new street in catch basins near the intersection and pipe storm water to a retention pond on the north end of the site. This pond will likely be required to be designed to NURP standards. Once treated in the pond, storm water will be conveyed to an existing culvert which currently drains the site. Drainage plans will be subject to review and approval by the Minnehaha Creek Watershed District. 2. Grading. The plat involves a considerable amount of site alteration. The proposed street cuts approximately 10 feet. from the top of the existing hill. Material removed for the street will then be used to elevate the building pads for Lots 5 and 6. Beyond that it appears that custom grading of the lots is proposed. -3- Memorandum Re: Christmas Shore Preliminary. Plat 1 July 1998 3. Utilities. Sanitary sewer is proposed to extend from the cul -de -sac northerly to an existing sewer main in Merry Lane. City water is not available to the site. The developer proposes to move an existing gas main which crosses through the middle of the property, then vacate the easement. While this is between the developer and the gas company, it is something that must be resolved as part of the final plat, since it may have a considerable impact on Lots 1 and 5. The final plat must show drainage and utility easements, 10 feet on each side of side lot lines. Since the rear lot lines are all Lakeshore, it is recommended that 10- foot easements be required across the fronts of the lots instead of along rear lot lines. D. Tree Preservation/Replacement. Exhibit E shows existing significant trees relative to the proposed grading plan. It should be noted that recent storms have destroyed many trees on the property. The plan is not very clear as to which trees will be removed due to construction. Nor does it specify the size or species of replacement trees. It does illustrate that new trees will be planted on the north end of the site as a buffer to Highway 7. Similarly, trees are being concentrated on the northeast edge of the property as a buffer to the public access. This plan is considered to be conceptual only, and a detailed plan will be required as part of the final plat. The maximum tree replacement for this site would be 55, based upon 6.86 acres. The developer suggests that four required trees (per lot) would be planted with the landscaping for each home. While this makes a certain amount of sense in order to better locate trees relative to homes, it could delay the reforestation if lots are not developed in the near future. This also presents a concern in terms of obtaining • financial security to guarantee that the work gets done. It is recommended that the replacement trees be planted no later than three years from completion of the site grading or before the letter of credit expires, whichever occurs first. E. Park Dedication/Sanitary Sewer Fees. Park dedication fees for this project amount to $5000 ($1000 for each new lot). Local sanitary sewer access fees also total $5000. These fees must be paid prior to release of the final plat. RECOMMENDATION Based upon the preceding review the preliminary plat for Christmas Shore is considered to be consistent with Shorewood's development controls. Subject to the City Engineer's review and comments, it is recommended that the preliminary plat be approved subject to the following: so Memorandum Re: Christmas Shore Preliminary. Plat 1 July 1998 The final plat should show an additional eight feet of right -of -way dedication for Merry Lane up to the new street right -of way. 2. The developer must provide easement and maintenance agreements for the common driveway serving the two existing lots. 3. Grading, drainage and erosion control are subject to review and approval by the Minnehaha Creek Watershed District. 4. The developer must resolve the relocation of the gas line and vacation of the gas line easement with the gas company prior to final plat approval. 5. The final plat must show drainage and utility easements 10 feet along each side of side lot lines and across the front of each lot. 6. The developer must submit a detailed tree preservation and reforestation plan, prepared by a registered landscape architect. 7. Replacement trees must be planted within three years of the completion of site grading for the project. 8. Park dedication and local sanitary sewer access charges must be paid prior to release of the final plat for recording. 9. The developer must apply for final plat approval within six months of preliminary plat approval. Is 10. An up -to -date (within 30 days) title opinion and detailed plans and specifications for required improvements must be submitted with the final plat application. 11. Mylar drawings of the plat must be submitted prior to the final plat being scheduled for Council review. 12. Protective covenants for the development must be submitted with the final plat. cc: Jim Hurm Larry Brown John Dean Keith Waters Don Peterson -5- cJ u U'W u ' u., usi w w A L ;,,k r-- GOVT LOT 5 3 GOVT LGT 4 8 8 ADDA v 2 65) a s 5 v 144) 25) 7 t o ts 516) UT S (55) 1. 2;) . . . . . . • SEA IV-1L w ----- 17 i• ,A ZZZ 96 1 1 Ri 3 ,'. (12) NORTH 30 e Is M I Not to Scale (Z4) -W OF LOT 0 ' ,TS FOR XTAIL Mf I IF ILI 10 1 "1 1 1� S 10 I - 7.3vt N % F-ST LL ' A* (30) (26) .I! s hat a ► -7 It A 22) it L f 10 In*; J {74) � . N (48) RADISSCM W71 (4) 4 ?a • 2,64 It. 'O .-P -,"a (50 (AG) % (30) 22 S A (79) l l t (73) (471 8L vo , I ("Q Lot 'a (171 pw of LOT it 141 0- 43 VIA 23) a 0 Av X1 We OF A ;:F 33i'. (3i) a', '�•��ti. : �T } �' ` ,, (9) - _a a ................ :. FaF 21Y 40 wo ZO. AUD SUBD 90 120 4) . ..... . (10) 13:' . ... ... ..... ........ czu . . ... ....... ............. C ;C(34 Subject pro pert . . ..... . . . ......... . . . ...... ... . . . . . . . .. . . . . ...... ... . . 14) Z) 15! (16) Ip nt !00 C ....... . .... --------- -- (M t ------------ ---------- - - 130 Exhibit A SITE LOCATION Christmas Shore - Preliminary Plat GOVT LOT 5 YQ vJ P� N 0 -X. HOUSE marf 'V NORTH \�`r. s Not to Scale ExPousc .5 rA F lo t� ►�. i II J r Q, r � ` mss• ,✓ Al1ed•iK ,.;.,. . _ z, .� y o� _\ a� \ "� �,tuzlus.d-- kc -'— �w s � \ \ \vim.: ,..._ � I /f / / ^ i�`" .. � l �L�.�_ �� T`�` �•�l - '�P` �'`••``�� "' \ •tc.r Y•J\ !? !\ •E-r I a� � � 1 /�j Ic .I�.� N As I \ GSM /!w � \�� \ : � ` \ •''\ :` \^ � 7 Exhibit E \ EXISTING SITE CONDITIONS \ ` Christmas Shore X 5•(C,DESTF40YED Preliminary Plat (with topographic overlay; NORTH q e 2 7,07 5 0.62 acres Not to Scale t - - - -- -- 26 ! o ' 41 J! 0, S0, _0 1.13 acres i • �' ?' : ` 6 �•� O � Parcel : \�\ ! \ \\ - _ ♦'" �\,. \ 4 p ',1 a �7 .\ \ i � B. L � � >- _ - . ♦ a �\ �0. � ° a �b2a- .mss _ _ t e r 454 R ♦ � y O, Ik d •.� c:v' // ' • I i. _ Mmc wcv «o. / _ ♦'\ 0.95 acres t \ � ' y� - - \ "� ' L ♦ / • �l.i phMv. Z ~ i • i` ^� 17.9906 W.". 1 0.76E one 1 . „� \ Q \ v // •) $ e 0. ' ; QA0:t acres , G 47.5652 sa.ft a 4. 0.95= cres \ ` �7 /_ - ♦, � --''_.$15845722 c a \ � l�.. 't •L:�`'. �� M89 °53'53 - E Z / / \,.Cry, "t•�ti G � , ?— 40. 5662 ,Q , \�� 0.+ acres Exhibit C v f _Z PRELIMINARY PLAT Christmas Shore I I, v i I 1 June 2, 1998 Honorable Mayor, City Council and Planning Commission City of Shorewood 5755 Country Club Road Shorewood, MN 55331 APPLICATION KEITH WATERS & ASSOCIATES, Inc. DESIGNERS & BUILDERS 6216 Baker Road Suite 110 Eden Prairie, MN 55346 (612) 974 -0004 fax (612) 974 -0005 License Number - 0001508 Enclosed is an application for preliminary plat for a 6.86 acre piece of property plus a neighboring .78 acre piece of property. Total property size is approximately 7.64 acres. Five (5) new and one (1) revised lots are proposed, including a parcel owned by the adjacent homeowner. The existing zoning classification for the property is R- IA. This application is for a R -IA subdivision, which meets or exceeds all City of Shorewood zoning and subdivision ordinances. Background The parcel in the past was occupied by the Innerspace Institute, which had a collection of buildings, parking and driveways on the property that has since been removed. This property presents an interesting mixture of amenities and limitations. The southwest edge of the property is 794 feet of Lakeshore on the small bay in the northwest corner of Christmas Lake. This portion of the property has lakeshore, interesting topography and large hardwood trees. The northern portion of the site, on the other hand, has virtually no amenities; it is adjacent to Highway 7 and two collector roads; Radison Road to the north and Christmas Lake Road on the west. A small boat launch facility abuts the property to the northeast. This northern portion of the property is bisected by sewer easement. This part of the property is essentially flat and is open to Highway 7. Proposal This proposal provides 5 new lots and a cooperative adjustment to an existing adjacent lot. We have met with the City Planning staff 3 times to review and refine this proposal. It meets the R- I A Ordinance in aII respects: • The lots all exceed the 40,000 -sq. ft. minimum • The 75 ft. lake setback is met or exceeded • All other front and side yard setbacks are maintained, • The street grades and layout meet city requirements • No new street entrances are proposed off of Radison Road or Christmas Lake Road • Tree replacement requirements are met. Access to the lots will be from existing Merry Lane; homeowner traffic will be split off and will not be mixed with boat launch traffic. The new Merry Lane will extend to the top of the existing knoll; the cul -de- sac has been located where the old structures were demolished, thus minimizing tree loss. The north end of the property will be used to create a pond for storm water and sediment control. A heavily landscaped buffer will be created to screen Highway 7 and intersection traffic from the site. The five new homeowners Exhibit D APPLICANT'S REQUEST LETTER Dated 2 June 1998 will be able to live at the high amenity end of the property, and all lots will allow homes to have full walkout lower levels. Neighboring Lots Two homeowners live on adjoining pieces of property to the east. Mr. & Mrs. Jim Bruce live at 5755 Merry Lane and Mr. & Mrs. Robert Anderson at 5725 Merry Lane. Both neighbors now must drive through the public boat launch to reach their homes. In addition, Anderson's driveway passes completely through Bruce's lot. We have met with both neighbors and they favor the proposed road and driveway alignment changes. This proposal structures the cul -de -sac so that both neighbors can reach their homes through the new Merry Lane and avoid driving through the boat launch facility entirely. The existing driveway easements would be abandoned. The property line between the Bruce's property and this parcel would be straightened, correcting the bizarre lot line configuration now existing. This proposal would be of benefit to all parties on the peninsula. Both neighbors will be forwarding letters of support to the city. Applicants Keith Waters and Associates Inc is a firm specializing in design and construction of high -end homes and residential remodeling projects. Each home is individually designed for the Owner's needs and the individual lot conditions. This is our 20` years of experience. Over this period, we have become known for our ability to fit the home to the site, on challenging pieces of property. (A brochure of representative homes is attached). We are working with Don Peterson as Project Manager on this project. Don has over 25 years of experience in managing the development of small to medium land development projects. He is a Civil and City Engineer by background. Jim Bruce, the neighbor at 5755 Merry Lane, is joining in this proposal and may elect to build on one of the lots. He also has extensive experience with high -end homebuilding. The existing Owner selling the property, Michael and Susan Fannon, are long time homeowners on Christmas Lake. The applicant has a purchase agreement from Michael and Susan Fannon to purchase parcel 1. Conclusion We feel that this proposal is the ultimate use for these parcels of land. No zoning change is necessary; no variances are requested for the new building lots. The existing lot that will have boundary adjustments will increase in size. The landowners at 5755 and 5725 Merry Lane now have a very difficult driveway condition, which will be greatly improved. The DNR boat launch facility will no longer have to maintain a driveway for two private homes through their property. No change will be required by the DNR. We will also provide a new entrance off of Radison Road, which will meet the city development standards to replace the existing entrance. We are dedicating the necessary right of way and rebuilding the street to city standards so that when the property to the east develops and dedicates their portion of right of way. Merry Lane will have the normal 50 feet of right of way. A storm water retention basin will be engineered and constructed on Outlot A. This will provide storm water storage and clarification prior to discharge into Christmas Lake that is not now provided. Please consider this request for subdivision as soon as possible. Please call with any questions. ce eith R. aters, President Keith Waters & Associates Inc. NOTE (4) TREE uw,MUM REQUIREMENT 0 aE PLANTED .A, THE TIME OF HOUSE LANDSCAPING LANDSCAPED 'C / , \ 9 , 1 9ERM - 4 RICH NORTH 27.075 acres v \ a f t Not to S 1 � ® 0.62 acres �,j \ t •, G\ Q STCRMWATER ` -f5 N SA 55 RETENTION POND 1� E �( X SAN STATIC h ELEV =933.0 `O\ I -- --- --OtlTt.�T-� -- -� -� - - t- - - - -- - - ----- \ EX SAN B -f ra..n.5 a, 36 IMV-928.d2 Q I I r �\ \, ° / \ \\ E)( ;NV = 931.8 1 � � � � \\ �'�438 I � � / 1 \ •. � / E)( INV = 93Z.0 EXIS ;NC 8" SAN SEWER EX SAN 53 -2 0� ` iNV-W0.16 j 9 r y 1c- 941 6 924 57.4541 sa -ft. \ 49, a4i sa.R. \\ 113 acres �!!� !\/ _y ^ \ J � \` \� \�/ 1.3 acres '\ \ i P7( SAN ° -9' • av Parcel 2 • 41.442t sq.ft. ! \ 1 ✓l �`1�ee, f r '� �� I ,., 0.95 acres / \ \ ® ! I 12 Y/ / �(r j,74= t ac sres q.rt, 1 0 I Trr 956 wv�9�4 r g� I rf. f ` /-' ,r 1) N 5; ! N ENV= 48.C'. 41.565= sa rt. gs, \ 0.951 acres � w,9S.o �.dy NOTE: CHRISTMAS LAKE NORMAL I 3 ,�� ,`, . ' I ` �• �� .� HIGH WATER E1EV= 93Z77* 40.5861 sa.rt. . �,��- lT•, -- / � 0.931 acres Exhibit E GRADING, DRAINAGE AND TREE REPLACEMENT � 3641 124E ( _ C 61650tlIH FARWHL 3601 MINNSOTA OICVE C^iRISTI.S;;$ J��R Christmas Shore FA cAU�rHS47o wr:>;eea MEMORANDUM CITY Or SHOREWOOD FILE COPY 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -8927 - (612) 474 -3236 FAX (612) 474 -0128 - www.state.net /shorewood - cityhall @shorewood.state.net TO: Planning Commission, Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works��" DATE: July 2, 1998 RE: Christmas Shores, Preliminary Plat Review Plans for Christmas Shores executed on June 2, 1998 were reviewed for a preliminary plat review as it relates the City of Shorewood Subdivision Code, in addition to a general site plan review. The following comments are a summary of that review. Existing Conditions The site is located at the southeast quadrant of the intersection of Radisson Road and Christmas Lake Road (refer to attachment 1). The site is bounded by Radisson Road to the north, five single family homes on the east, in addition to the public boat access to Christmas Lake, Christmas Lake Road along the northwesterly boundary, and Christmas Lake along the westerly property boundary. Site topography varies throughout the parcel. Elevations vary from 966 at the peak of the knoll at the southeast portion of the parcel to elevation 932 immediately west of existing Merry Lane, and along the shoreline portions of the parcel. The existing Merry Lane currently serves as the access for the Department of Natural Resources (DNR) public boat access to Christmas Lake. In addition, two existing homes at the south side of the parcel have a shared driveway which access Merry Lane. The City of Shorewood maintains Merry Lane and the parking lot for the DNR boat access. Right of Way and Access A 50 foot wide right of way has been proposed for the tangent portion of the street, which is in accordance to the municipal code for subdivisions. Section 1202.05, subdivision li states that the maximum length of a cuI -de -sac shall not be greater than 2000 feet. Construction of the new cul -de -sac is approximately 500 feet in length. When the distance of Merry Lane is added onto the proposed .1V f - RINTED 0% RECYCLED PAPER L street length, the total length from Radisson Road to the end of the* proposed cul -de -sac is approximately 740 feet. Therefore, the length of the street meets the requirements of the subdivision code. The alignment of the cul -de -sac has been designed to separate residential traffic from boat access traffic. Under optimum conditions, the cul -de -sac would align directly with Merry Lane as one continuous cul- de -sac without the need for an intersection or sharp entrance curve (refer to attachment 2). The DNR access drive would then be reconfigured as driveway entrance to the cul -de -sac with appropriate signage. From a technical standpoint, this configuration would smooth out the geometrics of the street. This suggested revision has met some opposition by the Planning Department. Under the current alignment proposed, there is a more defined entrance to the residential subdivision. Therefore, there would be less "stray boat traffic" looking for the boat access within the subdivision. While this may be true, the proposed geometrics add an unnecessary intersection with unnecessary sharp curves. Undoubtedly, due to the proximity of the subdivision to the boat access, there will be stray traffic looking for an'extra spot to park. Under either alignment, the proposed cul -de -sac needs to be posted for no parking to eliminate additional boat traffic on Christmas Lake. The plan also proposes to relocate the existing driveway which serves the two homes at the south end of the site, to enter onto the new cul -de -sac. This feature is a plus since under existing conditions, these two parcels must drive through the boat access drive to get to their parcels. If the current alignment is preferred, the entrance onto Merry Lane needs minor revisions. The applicant's engineer has proposed a 90 degree intersection which is in accordance to good traffic standards. However, the tangent distance from the centerline of Merry Lane to the radius point of the cul -de -sac is listed on the plat as 52 feet. Upon measuring this distance, it is believed that the distance listed is a typographical error and is actually 25 feet in Iength. This short tangent distance does not allow a vehicle to become properly orientated at 90 degrees to the intersection as they exit the development (refer to attachment 3). It is recommended that the tangent distance between Merry Lane and the radius point be increased to 45 feet minimum. This will insure proper alignment of the first car at the intersection. This change will result in a minor shift of the northerly portion of the cul -de -sac to the west. It should also be noted that the applicant had originally planned to provide access to the site from Christmas Lake Road, in the location of the existing driveway entrance. After preliminary review of this, it was determined that additional accesses onto this portion of Christmas Lake Road is very undesirable due to the proximity of the Christmas Lake Road -3rd Avenue intersection to the south, and the Radisson Road entrance to the north. Motorists tend to speed around the corner from the 3rd avenue intersection as they proceed to the north. Therefore, the plat was designed to provide access from Merry Lane. Sanitary Server Sanitary sewer service is available to the site by an existing 9 inch PVC pipe which extends along the existing portion of Merry Lane, and ultimately to the Christmas Lake Road lift station. This lift station is owned and operated by the Metropolitan Council of Environmental Services. Proposed elevations of the sanitary sewer appear adequate to service the site. As part of the final plat review process, proposed building pad elevations and locations need to be indicated on a grading plan to insure proper depth of the sanitary sewer. Revisions recommended to the sanitary sewer include removal of the most northerly section of sanitary sewer going from the proposed manhole to existing manhole 55 -16 and relocating this line to the mainline sanitary sewer adjacent the south line of Outlot A (refer to attachment 4). Although this requires setting an additional manhole, the pipe length is shorter and is not a circuitous route, as currently proposed. Drainage and utility easements are to be adjusted accordingly. Water , • Municpal watermain is not available to the site, and shall be serviced by private wells. 0 Grading and Drainage Significant cuts have been proposed for construction of the actual cul -de -sac, and the approach road to the cul -de -sac. A 10 foot cut is proposed in the turn around area. The street grade proposed is approximately 6.7 percent which exceeds the 6.0 percent recommended standard.. However, decreasing the street grade to a 6.0 percent grade would increase that amount of cut necessary at the end of the street. Therefore, the grades proposed appear appropriate for this specific site. A pond has been proposed within Outloi A to treat sedimentation and runoff for the proposed roadway. A Minnehaha Creek Watershed District Permit will be. required for the site. In addition, the pond shall be constructed to meet National Urban Runoff Program (NURP) standards to insure that proper safety measures are incorporated into the design of the pond. It is also recommended that the catchbasins and inlet into the pond, and the outlet to the "pond be swapped in location. Catchbasins should be relocated to the south on the tangent portion of the street prior tot the entrance curve to insure capture of the drainage originating from the cul -de -sac. Under the current configuration, it is very likely that the runoff from the south end of the street will flow down the street and jump the curb. Therefore, these catchbasins should not only be relocated to the tangent portion of the roadway, but should be doubled up for a total of four basins to insure capture of the runoff. The outlet to the pond should then be shifted in a northeasterly direction, and shall extend from the pond to the invert of the existing culvert. A catchbasin manhole shall be constructed over the existing pipe to provide a continuous drainage system. Storm sewer calculations shall be provided by the applicant's engineer to insure adequate capacity of all of the pipes (existing and proposed). In addition, a standard skimmer outlet structure shall be used for the outlet this pond. Recommendations It is recommended that the preliminary plat be approved contingent upon the following conditions: 1. The alignment shall be revised to either eliminate the intersection as shown in attachment 2, or shall be revised to increase the tangent distance to the entrance curve in as denoted in attachment 3. This revision shall be in accordance with the preferred alternative of the Planning Commission. 2. The sanitary sewer service shall be revised to connect into the existing sanitary sewer adjacent Outlot A. 3. The applicant's engineer shall provide a development plan as part of the final plat review which indicates house pad elevations and locations as it relates to sanitary sewer. 4. Storm sewer catchbasin shall be relocated to the tangent portion of the roadway with 4 total catchbasins. 5. A Minnehaha Creek Watershed District Permit shall be obtained by the applicant. 6. The outlet pipe from the pond shall be extended to the existing culvert as one continuous storm sewer system. A catchbasin manhole shall be placed by the developer at the junction of these - - two systems. 7. The applicant's engineer shall provide the City with runoff calculations as part of the final plat review application. r� U L]T 5 71 A:1 A :1 a s. 16 NORTH 71 A— Not to Scale —1 Y LIT 3 7 l3 TO A r1 l 43. 4 LZ .1 'Air c I L si A Z3) ( V (•a) m 12J AL 1,1 o 7!A'; I-A (7M 1 -,A 41 To , " J(l , ) I * -M 11 " N aL '10 VAA 1— Oli (31 (Z) 1A ZI). J O a AR ITO AL 2 : . . . .. . ... .44....' 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MileseIrl 5695 &widr� Lake [D 6horewood, Muivie&otc 55331 • 0 I a L 7 -- '�' ..rut; .'f V :off By June 25, 1998 Mr. Brad Nielsen City of Shorewood c/o Planning Department 5755 Country Club Road Shorewood, MN 55331 Dear Brad: The City of Shorewood is a very special community which we feel very lucky to have found when we moved here in 1975. Christmas Lake is one of the most pristine lakes in the State as well as the country. Its natural beauty deserves to be preserved. When we were about to build our third home on the lake Sherry and I looked at every quality builder we could find in the Twin Cities. Keith Waters and Associates was our choice for his creativity of design, appreciation for the natural beauty of the land, ability to fit the structure to enhance the terrain and quality of construction. I can speak from experience when I say that Keith is a builder that constructs a home and supports the owner for years beyond expectations. Keith has constructed a number of homes on and adjacent to the lake. Each has its own character fitting of the topography and the personalities of the owner. The City is fortunate that Keith Waters and Associates has selected this choice piece of property on Christmas Lake to develop into be-dui lrorfie siies. Keith waters i!> a builder that win be here when others have lung; gone. The City of Shorewood should feel very comfortable in supporting Keith's selection and proposal for this piece of property. We, as owners of a Keith Waters home are very supportive of this proposal. Sinc rely, Jim and She avis 21125 radisson road, shorewood, minnesota 55331 rr��snn�wi Davis s City of Shorewood Ci /- Dl ---;r� rl - -, +m -n U i iai a III I g v2Nal If Ira$ it Members of the Shorewood Council: in response to the Public Hearing for the Prelliminary Plat at 5715 Christmas Lake Road, my wife and I wish to comment in reference to this proposal. Mrs. Carol Anderson and 1 have lived at the end of Merry Lane directly ; diarent to this property since 1975. We have had the opportunity to review this proposed plan a nd with to c on v ey ou r enthusiasti support for the following reasons: • 1. We like the plan and are confident that the landscaping and quality of homes would be completed by Keith Waters and Associates in a very responsible fashion that would compliment and be in character with the neighborhood. 2. This property, formerly occupied by Interstudy, has been idle for a number of of years and the quality of development proposed we feel could quite possibly improve the Christmas Lake shoreline. Thank you for your consideration of these comments_ • Sincerely, W. Robert Anderson Carol J. Anderson 5725 Merry Lane Excelsior, MN 55331 cc. Keith Waters and Associates July 1, 1998 Members of Planning Comnssion and City Cc»_uncil City of Shorewood 57 55 Country Club .Road Shorewood, MAT. 55331 RE: PRK IM' 7 kR f PLAT AT 5 715 (- =ST1vLkS I— KE RO • Dear Members of the Planning Commission and City Council: Ry VVe live at 5755 Merry Lane, S orewood, adjacent to ffie proposed devetopment by Keith Waters and Associates. We have met with Mr. Waters to review his plans for the property and fully support his rrOje.:t, We feel that his plans are in keeping with the surrounding properties, do not overcrowd the land, and demonstrate good design sensitivity to adjacent existing homes. His plans to create a planted berm at the north end of the property will be beneficial both to his future clients and to us in helping to buffer noose and lights from Highway W7. cerely, Jim and Maureesf Bruce 57 5 5 Merry Lane Shorewood, MN. 55331 P. S. On a related topic, I have spoken previously with Brad Nielson about the light cast into this property by the light fixtures at the Food'N Fuel store on the north side of Highway 7. I understand that this convenience store is located in Greenwood out of your jurisdiction, but wonder if Shorewood could request on a neighborly basis for them to review the intensity of the light cast into this Shorewood residential area. Additionally, the lights are blinding to traffic more than most similar canopy lighting when approaching the Highway '7 intersection from Christmas Lake Road. Mr. Brad Nielson City planner City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Mr. Nielson: As a homeowner in the City of Shorewood, I am writing to you regarding a proposed housing development to be build on the Northwest corner of Christmas Lake. My wife and I are relatively new residents of Shorewood and I would like to let you know that we are in favor of any development proposed by Keith Waters and Associates. Our association with the Waters and Associates firm has been formed during the past two years during which they served as architects and builders for the home we purchased and subsequently remodeled on Christmas Lake Point. Our house being the second on Christmas Lake to be designed and build by Waters and Associates. As a prospective client of the firm, I first sought out people in the construction business who's opinions I respect. All were consistent in their praise of the architectural and building skills of the Waters and Associates personnel. Of greater interest to me were the comments of a number of those I queried. To paraphrase "A landscape architect by training, best known for outstanding homes on sites that are unique because of the views or because of the challenging topography." and "Very ethical individual." . My wife and I were interested in retaining a firm that would preserve the uniqueness of the site we purchased, at the same time providing us with a remodeling plan that would make best use of the site, maintaining an understated design. Those objectives have been exceeded. I am confident, that should the City of Shorewood approve the plans presented by Waters and Associates, the neighbors, the city and the new residents in those homes would agree that the city made the correct decision. Waters and Associates are first class architectural designers and builders. Sincerely, f �� B. Hagen 5790 Christmas Lake Point Shorewood, MN 55331 [JU14[am, Molly & Scott Silas 6201 R,cge Roac Channassen, MN �_f317 (61 21 401 -0907 July2 1998 Shorewood Plan ning'Ccmmission Reference Waters and Associates Dear Planning Commissicn Moliv and I recently " ad IIvaters design and c_;!d our home near Christmas Lake (actually across Ridge Road on Silver Lake, Pricr to building we searched for nearly a year to find the right piece of property in a natural wilditfe setting Althcugh the previous c:%aner had downed many of the trees, Waters placed a lot of effort towards saving what ,:,ras there They were extremely sensitive to the very setting we searched so hard to find The primary reason we init'aIPY came to Waters was their architectural style h;ot only is it very functional and attractive, but projects designed 15 years ago are still that way today. We also wanted a custom design that could be worked into the setting and our needs. What impressed us through the whole project was Waters commitment to "make things right' and their sensitivity to our established neighbors. Certainly if we had to recommend an architect and builder to our neighbors in the Christmas Lake area it would be Waters and Associates. Sincerely, • The Silas Family City of Shorewood Planning Commission Peter Lehman 21265 Radisson Road Shorewood, MN 55331 Subject: Input to Public Hearing regarding "Christmas Shores" Subdivision Hearing Date July 7, 1998 Attachements: Plan "AS -IS: Merry Lane Alternative -A Merry Lane Alternative -B Dear Commission and Developer; I own several properties on the south -east corner of Merry Lane and Radisson Road, immediately east of the proposed development (Houses located at 5625 and 5635 Merry Lane, 21265 and 21285 Radisson Road). In general I approve of the sub - development, however, I do object strongly to the increased traffic that will occur on Merry Lane and would like to suggest a couple of alternatives that I would be in favor of. Please note that the alternatives that I am presenting only effect the northern most lots, OUTLOT A and marginally LOT 6. These changes do not effect any portion of the southern lots 1 -5 nor the cul -de -sac. Proposed changes: I would like to propose two alternatives (Alternative -A and Alternative -B). Both of these alternatives try to improve safety by moving traffic away from residential property and improve setback conditions for existing properties. Both Alternatives move Merry Lane approximately 70 feet west — on the western side of an existing burro (sp.) and natural screen. Alternative —A leaves the intersection of Radisson Road and Merry Lane unchanged while Altemative -B moves the intersection of Merry Lane and Radisson Road about 50 -60 feet west. BACKGROUND: Merry Lane had traditionally been an "easement" driveway with access to my property and 3 additional homes. In the mid 1980's the public access was built to Christmas Lake removing one home but creating additional traffic to the newly created boat launch — increasing traffic on what had been a traditionally quiet street. PROBLEMS: 1(3) Increase Traffic: Merry Lane Traffic effects my property dramatically, and to a lesser extent, my neighbor at 21235 Radisson Road. The impact of 6 new homes with at least 2 -3 cars per home will dramatically increase the overall traffic on Merry Lane seriously impacting my privacy which has already been compromised with the building of the public access. Both of my alternatives will improve the privacy of my properties — leaving the sub - division "as is" will certainly damage my properties. Fast Traffic: Its amazing at how quickly people can drive on a short stretch of road like Merry Lane, put they seem to want to stretch the performance capablilities of their vehicles — even while towing 2 ton boats. I can only imagine that the additional residents will also see how quickly they can drive on the "Merry Lane Raceway "! I have three year old twin girls and a 5 month old son. My neighbor has a three year old and there are often children on bikes or with parents at the public access. It is well known that people will drive what the road can handle — not what is the posted speed limit and apparently Merry Lane can handle very fast speeds as it exists today. Both of my alternatives will improve the safety of my property, as well as, the safety of persons at the public access — without any effect on the subdivision. Building Setback: Currently three houses on Merry Lane do not meet the setback requirements of the City (21285 Radisson Road, 5625 Merry Lane and 5635 Merry Lane). Increasing traffic on Merry Lane, in some sense, will increase the `problems' for which the setback was created (i.e. the setback was created to keep cars /people away from each other, more cars on the road makes the setback problem worse even though the physical setback distance hasn't changed). Both my alternatives will allow both 5625 and 5635 Merry Lane to meet the setback requirements of the city, and Alternative -B will additionally allow the house at 21285 Radisson Road to meet the setback requirement as well. Current Sub - development proposal: Currently the sub - development will have Merry Lane intersecting with the Public access at a 90 degree angle to Merry Lane. Disadvantages: The disadvantage to this approach are: 1) increases traffic on Merry Lane adjacent to my property 2) allows high speed traffic to enter the public access area (problem already exists today and is not necessarily made worse by sub - development). Proposed changes: I would like to propose two alternatives (Alternative -A and Alternative -B). Both of these alternatives try to improve safety by moving traffic away from residential property and improve setback conditions for existing properties. Both Alternatives move Merry Lane approximately 2(3) 70 feet west. Alternative -B moves the intersection of Merry Lane and Radisson Road about 50- 60 feet west (where Alternative -A leaves the intersection unchanged). Common Advantages to Alternative -A and Alternative -B:. 1) Forces public access traffic to slow down when entering the parkingiboat launch area by creating a turn off of Merry Lane into the access area (vs. current situation where Merry Lane passes through the access on single axis, in effect Merry Lane and the access parking area are one in the same. 2) Forces all traffic to slow down by putting a curve into Merry Lane (again people will drive what the road can handle, so we can make the road not handle such high speeds). 3) Creates safer situation by moving public traffic away from residential property. 4) Removes setback non - conformity for houses at 5625 and 5635 Merry Lane. Additional advantages to Alternative-B: 1) Creates more safety advantages by moving road away from another residential property (21285 Radisson Road). 2) Removes setback non - conformity in releation to Merry Lane for house located at 21285 Radisson Road. Your serious consideration of my alternative proposals would be GREATLY appreciated. I have tried to present something which will provide a WIN -WIN situation for all parties effected. Regards, Peter Lehman • 3(3) _ � I S 1bS 'i s s 1 _ W41 do g ti D- OU TLOT A 27, 075 s .ft. ' 0.62 acres o L tn - e�.n. � _ -_ 261 } _ a <rmeM v•t Qcc .r 40066)0 O _. _. �- - _ _ — — -- _ - -_ 7 t to i 5 o r — Z C7) gib � V i \ 1 `u \ ( 400 *� Q7 1.13 acres GO \,Parcel A 17 --~_--_- jol /. �� lk \\J -,% vll__� 1 0 0 C q'i OUTLO P .I n�r 4006 In Rt Cl) G f t. 7 K acres A, 0 cv ro Is'�`-� V cJ� © U t l ot � v f0 " 4, 5 �1 / /� 4 IFIN �• 5��5 �.0 \ O OU TLO 44� o v !J z I Cs) ^� 6 S co J O(b OCfCS \ � �� •Pct' _ ,r`/ parcel J \ p 0 Ir o \ a, K \ CITY OF SHOREWOOD MEMORANDUM TO: FROM: DATE: WA FILE NO.: BACKGROUND 5755 COUNTRY CLUB ROAD - SHOREWOOD, MINNESOTA 55331 -8927 - (612) 474 -3236 FAX (612) 474 -0128 - www.state.net /shorewood - cityhall @shorewood.state.net Planning Commission, Mayor and City Council Brad Nielsen 6 July 1998 Kurkowski, Doug - Conditional Use Permit for Special Home Occupation 405 (98.09)) Mr. Doug Kurkowski recently purchased the home at 27200 West 62nd Street (see Site Location map - Exhibit A, attached). He intends to conduct his telephone headset distributorship business from the property. Since Mr. Kurkowski proposes to employ at least one person who does not live on the premises, and the business will be conducted within an accessory building, he has requested a conditional use permit, pursuant to Section 1201.03 Subd. 12 of the City Code. The property is zoned R -IA/S, Single - Family Residential/Shoreland and contains approximately 131,065 square feet of area (three acres). It is bounded on all sides by single - family homes, the southerly of which are located in the City of Victoria. Exhibit B shows how the existing home, the detached accessory building and the driveway serving the property are situated on the site. Exhibit C contains photographs of the existing buildings. The applicant's request is further described in a letter, attached as Exhibit D. The existing detached accessory building measures 20' x 40' and has two levels. The applicant intends to use both levels for his business. The existing home has attached garage space which accommodates the applicant's passenger vehicles. n PRINTED ON RECYCLED PAPER 416 4/ Memo Re: Kurkowski C.U.P. 6 July 1998 ISSUES AND ANALYSIS Shorewood's Zoning Code provides for two different classifications of home occupation, limited and special. The limited home occupation permit is handled administratively and is intended for very low key businesses, conducted entirely within the principal dwelling and only by residents of the property. Special home occupations may be conducted within an accessory building and allow one employee who does not reside on the premises to work at the site. Since the special home occupation has the potential for a higher level of activity, it requires the increased scrutiny of a conditional use permit. The requirements for a home occupation permit are addressed in a questionnaire which must by completed by the applicant (see Exhibit E). As mentioned earlier in this report, the business will be conducted entirely within the detached accessory building. Not only does this require a conditional use permit process, but the applicant indicates that he has • one full time employee and one part time employee who do not reside on the premises. The Zoning Code allows only one outside employee, subject to conditional use permit. This issue has been discussed with the applicant, and he wishes to address it with City Officials. With the exception of this item, the applicant's request complies with the requirements of the Zoning Code. The business makes use of an existing building, which is being remodeled inside, and parking is considered adequate to support the home occupation. In making its recommendation to the City Council, the Planning Commission should also consider the general requirements for conditional use permits found in Section 1201.04 Subd. l.d.(1) and Subd. 3.a. of the City Code. Based upon the applicant's responses to the home occupation questionnaire, the proposed home occupation is considered to be compatible with the residential area in which it will be located. Only the issue of outside • employees remains to be resolved. RECOMMENDATION Upon review of the applicable City Codes and the applicant's proposed use of the property, it is recommended that the conditional use permit be granted. Based upon recent study session discussions it is not recommended that any kind of variance be granted relative to the number of employees. If the applicant wishes to apply for an amendment to the Zoning Code to allow more than one outside employee, it should be done as a separate application cc: Jim Hurm John Dean Larry Brown Doug Kurkowski -2- X AA' 14) J!A 2 27. 86 574.45' 29" : 210 PT OF 6 2. LOT 8 249. 15 15) AUD SUBD 18) (19) N 20) o. NO 247 2 2525 'Y 36 0 7LOT C 15 17 .... 1 f j 1 5 -4 (20) ' n"55 Uil 14 pydl•Id' 15'E ........... ' r� (2 LLJ �� 2 3 (7) A 19) A 10 (2 1) 42 A NORTH m ; o A I CI. 113 ' A 152- Scale 1 200' 5.65 no ------ ----- 2 S89*56'04,v 6 W. 4.1 10) ------ ----- 7) loin wi V ;m 110 14 A? (4) 53.51 164, 567.77 li3 U.3 369.96 158 1513 1 155 Sd ,28 12 (5 4 2 3 P ( I ) '% (!5) , , 1-715 cd 4 v 7� (12) Subject property N89'29'• 14) I a 171 �A 156 156 158 7 si 61 131. T7 ..... 31 1 .... . ...... 263.5 0 ......... 57 .......... ......... . ........ ry 5) 0 1 O4 s a. 9- d 3.58 RA IN MA RIDGE LA (25) - 32) ni C5 10 178.56 A _7 MEMO "m 50 9 (27) - 71 :20) Exhibit A '0 1 14. 2? 1-6Z SITE LOCATION 15c. 91 17',; d1 \ DOC NO 5343377 • 1 3 9 8. 5 2" SE1* o15Z'Y*ot5" I,i7-23 — ru Sc 3 i -11 7 - 23 rt 7 n e • O 11 - = 7Q, ff 6 144 10 14 n Cc r nd nne D3 te Exhibit B SITE PLAN 43 o � f SOVA4 An of S&L. 6 144 10 14 n Cc r nd nne D3 te Exhibit B SITE PLAN - • r --:1 m oil o 5 J Zr� Y ��e y � � y. .,� �� g� y .t Wx r• - r 7 " c y K � » Y.s.* _ fi ��gn'� .0 yl � �� " %r7• �.�y� i y �� ' � l � T!� f 4 .a ��V "��+ 't 'i�C�� . -_-- - `i' Y l0� 1'O 1fGY 'a+r��jA, rL3 �t 3� ... � - y F + f 7 4 5 @' � } ` .� ��.1,1'fi}�llr ✓Li ,~� � t / � � � 73� t r c"S. - ++v � ■ w!� fr f Y.. Jr_L [12:.11:1 ! =L SL.J 11v. L.t is l' ! LT.:. .L.J.Im3YC/L [L M/0 VVES T j, INC. Description of Midwest Teletron: We are distributors of telephone headsets. (The kind that secretaries or telemarketers wear) For equipment we use computers and telephones for order taking, sales calls, invoicing and record keeping. We maintain an inventory of headsets and ship them out using UPS. UPS comes once a day. We are not a retail store so therefore do not have customers coming out to our building. Our business is quiet, clean and does not generate any pollutants of any kind. Our office hours are 8:30 to 5:00. fA onJa fhrolk FeJay. • The small building we would be using for our business is already existing and is located about 50 feet from the house. It is well constructed with 2 stories. It is ideal for our small business. The upper floor will be used as our office with computers and telephones. The main floor will be shipping and storage. We have a large driveway that has plenty of parking area. We are at the end of the road and are secluded so we should not bother anyone. Pictures are included as well as a driveway layout. Also included is a sample brochure of the headsets we distribute. • Exhibit D APPLICANT'S REQUEST LETTER 5208 Mayview Road Minnetonka, MN 55345 (612) 932 -9777 Fax (612) 932 -7264 e (800) 827 -9715 HOME OCCUPATION QUESTIONNAIRE 1. What amount of light Mare, noise, odor or vibration might the home occupation produce? /v o 'V e. 2. What, if any, type of equipment will be used in the home occupation? C . tf� E'r23 l�P/J�icc� 3. What percentage of your house will be used for the home occupation? vo ,-v e- 4. Will any internal or external alteration or construction of the house be required as a result of the home occupation? /vd 5. Where will equipment or materials used in the home occupation be stored? Ir! 7' e— Cl C C Cam$SOrZG 6. Is there any signage planned for the home occupation? /U G 7. What are the hours of operation? : 3 c — S" I oo • 8. Where will parking of vehicles in conjunction with the home occupation be provided for on the �premises? (attached copy of site plan or survey) We /�u (,o— cz �aRZ s c!4- ] edl n a e &vim �,, / / // /1 `� '7'�i ILl �' hT c7 !1 crR K n a ct p22Q 9. How many outside employees wilt there be on the premises? Ct m rX OAQ -7L Tim C 10. Will the home occupation require the use of any accessory buildings on the premises? _7e S - C-7 Y? J( %S r n c, {b Pmc�e% fi�� h �ocaTP �D 4 11. How many clientele will there. be on the premises ar ^• --�� Exhibit E N� •y e HOME OCCUPATION QUESTIONNAIRE .. CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A SPECIAL HOME OCCUPATION TO DOUG KURKOWSKI WHEREAS, Doug Kurkowski (Applicant) is the owner of certain real property located at 27200 West 62 "d Street in the City of Shorewood, County of Hennepin, State of Minnesota, legally described as: "The East 198.5 feet of the South half of the Southeast quarter of the Southeast quarter of Section 31, Township 117 North, Range 23 West of the 5` Principal Meridian, Hennepin County, Minnesota. "; and WHEREAS, the Applicant ro oses to conduct a telephone headset distributorship P P p business in an existing detached accessory building located on the west side of the property; and WHEREAS, the Shorewood Zoning Code requires a conditional use permit for home occupations conducted within accessory buildings; and WHEREAS, the Applicant proposes to employ one person who will work at the business who does not reside on the premises; and WHEREAS, the Shorewood Zoning Code requires a conditional use permit for a home occupation which employs a person who does not reside on the premises; and WHEREAS, the Applicant's request was reviewed by the City Planner, and his recommendations were duly set forth in a memorandum to the Planning Commission dated 6 July 1998, which memorandum is on file at City Hall; and WHEREAS, after required notice, a public hearing was held and the application was reviewed by the Planning Commission at their regular meeting on 7 July 1998, the minutes of which meeting are on file at City Hall; and WHEREAS, the Applicants' request for conditional use permits was considered by the City Council at their regular meeting on 27 July 1998, at which time the Planner's memorandum and the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City Staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: FINDINGS OF FACT 1. That the Subject Property is located in an R -IA/S, Single - Family Residential /Shoreland zoning district and contains approximately 131,065 square feet of area (three acres). 2. That the proposed home occupation will be conducted within an existing detached accessory building, located on the west side of the subject property. 3. That existing parking area on the site will adequately serve the proposed employee who works from the property. 4. That the accessory building measures 20' x 40' and has two levels, both of which will be used for the business. 5. That the existing home on the property has an attached garage which will be used to park the passenger vehicles of the applicant's family. 6. That the applicant's business routinely receives one UPS delivery per day and deliveries from other commercial carriers occasionally during the week. 7. That the applicant's business does not require visits by clientele. to U� That the proposed business is conducted between the hours of 8:30 A.M. and 5:00 CONCLUSIONS 1. That based upon the foregoing, the City Council hereby grants the Applicant's request for a conditional use permit for a Special Home Occupation. • 2. That this approval is subject to the following conditions: a. Outside employees who work from the property, but do not reside on the premises, shall be limited to one. b. UPS deliveries will be limited to one per day. C. The Applicant shall attempt to minimize the number of deliveries from other commercial carriers to reduce traffic to and from the property. d. There shall be no display of signage related to the home occupation. 3. That the City Administrator /Clerk is hereby authorized and directed to provide a certified copy of this Resolution for filing with the Hennepin County Recorder or Registrar of Titles. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27` day of July, 1998. Tom Dahlberg, Mayor ATTEST: James C. Hurm, City Administrator /Clerk • is w JOHN W. SWANSON _- -� - -� -- �- 6050 Maple Leaf Circle Shorewood, Minnesota 55331 Phone: 612- 470 -5700 • Fax: 612 -470 -5701 6 -i� y8 CL- a� C7� q opd 9 e� ATC�6 � YN Eid r— ,f 4' To: Mayor and City Council From: James C. Hurm, City Administrator Date: July 23, 1998 Re: Agenda Item #7 - Stop Sign Request on Shorewood Oaks Drive at Maple Leaf Circle LJ Police Chief Rick Young still concurs with his memorandum of July 20, 1995 which is enclosed in the packet. At that time he stated that the moving of the stop signs to the westerly intersection of Shorewood Oaks Drive and Oak Leaf Trail is recommended even though neither location meets warrants. His only concern was that at some point in time there would be a request for a stop sign at both intersections. I checked with Jim Schmidt, Transportation Coordinator with the Minnetonka School District, about the statement in the petition that "because of the removal of a stop sign, the middle school bus will not stop at Maple Leaf Circle to pickup or discharge students." He says the location of the stop signs in no way affect the location of bus stops. The school buses are in fact their own traffic control device. Their written criteria is based upon distances. If Maple Leaf Circle parents are concerned about a change in school bus pickup location, they should in fact talk with Jim Schmidt. They should not be under the impression that placing stop signs there will result in a change in school bus stop locations. • ( rNls To: Mayor and City Council From: James C. Hurm, City Administrator Date: July 8, 1998 Re: Maple Leaf Circle Stop Sign Request I talked with John Swanson to explain that I was bringing the petition before the City Council to discuss the request about not notifying neighbors about the meeting. He stated he doesn't really have a problem with notifying neighbors, it is just that there was no notification some years ago when the stop sign was removed. He further indicated that he would not be here on July 27 and would prefer that the item be placed on the August 10 City Council meeting for action. Background In 1995 Councilmember McCarty indicated to the City Council that she had been approached by a number of Shorewood Oaks residents about moving the stop signs on Shorewood Oaks Drive at Maple Leaf Circle to Shorewood Oaks Drive intersection with Oak Leaf Trail. Staff stated at that time that stop signs are not warranted at either intersection, but if a stop sign were to be placed, a Shorewood Oaks /Oak Leaf Trail intersection is more appropriate because Maple Leaf Circle is a short cul -de -sac. The Council authorized the move. The Council then received a petition requesting that the stop sign be replaced at Maple Leaf Circle. Residents were notified and the Council debated the issue with some residents present. The stop sign was not reinstated. Recommendation: The item should be placed on the August 10 City Council agenda so that the petitioner John Swanson can be present and that a notice go out to those residences that had been notified in 1995, which includes an area beyond the Shorewood Oaks subdivision. That list is included in the packet. JOHN W. SWANSON 6050 Maple Leaf Circle Shorewood, Minnesota 55331 Phone: 612 -470 -5700 • Fax: 612 -470 -5701 per, �'� • '4:�- A Tt"P,6 � eii r— v' June 6, 1998 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and Council: I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. i We look forward to your timely attention to this matter. Sincerely, Name Address Phone f June 6, 1998 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and Council: I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. We look forward to your timely attention to this matter. Sincerely, • Name Address Phone June 6, 1998 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and Council: I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. 0 We look forward to your timely attention to this matter. Sincerely, N me Address l r Phone June 6, 1998 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, NIN 55331 Dear Mayor and Council: I am writing concerning the removal of the stop si gns Maple Leaf Circle. This removal occurred in I995. The neighbors of the Maple Leaf rclle�a area C request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. We look forward to your timely attention to this matter. Sincerely, NVhe Address Phone June 6, 1998 • Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and Council: I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. We look forward to your timely attention to this matter. Sincerely, K L ci/� ST6rrn to A ddress !I -AAr! I Phone G � 7() -J657') June 6, 1998 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, NU,; 55331 Dear Mayor and Council: I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. We look forward to your timely attention to this matter. Sincerely, Address 0 Phone i I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. We look forward to your timely attention to this matter. Sincerely, Address 0 Phone June 6, 1998 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and Council: i I am writing concerning the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. This removal occurred in 1995. The neighbors of the Maple Leaf Circle area request that the sign be replaced. At the time the sign was removed in 1995, over 20 neighbors attended two city council meetings supporting the replacement of the sign. There was no neighbor opposition. Because the previous sign was removed by the city without any notice to the neighbors or meetings, we also ask that the sign be replaced without the necessity of a public meeting. There are 28 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. Also, because of the removal of the stop sign, the middle school bus will not stop at Maple Leaf Circle to pick up or discharge students. 10 We look forward to your timely attention to this matter. Sincerely, Le- Address Phone `c6 J1� L'uZ�C�,Cc S j REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 6 Mr. Carlson stated he felt there should be one fee for one type of use. The fee should be the same ® for everyone whether they have been in the City or not. He indicated other cities charge so much per linear foot. He felt the Council should investigate what other cities do. Mayor Bean explained the City created a water assessment task force which consisted of the five Councilmembers, Staff and four citizens who were approached and requested to participate. He indicated the formula was derived after hours of debate. He indicated the developers may have to pay initially but ultimately the homeowners pay the assessments. The new homeowners will be able to spread this fee into a 30 year mortgage but the existing homeowners cannot. He explained the concern with the front footage formula is that it would lead to development. He indicated the Council is trying to stay as development neutral as possible. Councilmember Benson excused himself from the meeting at 9:28 p.m. Mayor Bean recessed the meeting at 9:28 p.m. and reconvened the meeting at 9:35 p.m. Mr. Bill Diem 5 755 Smithtown Circle, commended the City Council for their diligence. He indicated he thought the progress was necessary. He noted the sewer going to commercial property was six inches in comparison to the line of one inch going to residential properties. He stated he works for a design builder and S5,000 was not an unreasonable assessment stated he felt it would be ludicrous to postpone the project. He also indicated there was a law soon to be placed before the City Council which would require mandatory fire protection. If the City was forced to put the water in then, it could result in the loss of competi bidding. Mr. Diem indicated there were many residents who wished to prepay the assessment but it may be more fair to allow them more than thirty days to do so. Keane indicated the State Statute does not allow the City much flexibility with regard to the payment of the assessments. McCarty moved, Malam seconded to continue the public hearing for public improvements and assessments for the water improvements to Tuesday, July 25, 1995 at 7:30 p.m. The motion passed 4/0. 7. ADMINISTRATOR AND STAFF REPORTS A. Review Status of 1995 Objectives Hurm indicated this report was distributed on a quarterly basis and welcomed any questions the Councilmembers may have. B . Review Staff Recommendation for Placement of Stop Signs - Shorewood Oaks Hurm reported staff concurred with the Police Chiefs recommendation regarding the placement of stop signs in Shorewood Oaks. Councilmember McCarty indicated this placement of the stop signs was what the alroup was looking for and they would also ask for additional police enforcement. McCarty moved, from Maple Leaf Stover Circle seconded to direct staff to move the existing Shorewood Oaks Drive. westerly to The the west intersection of Oak Leaf Trail and motion passed 4/0. Zak Keane indicated the redraft of the Iease agreement for the Senior Community Center should be circulated to the cities by the end of the week. 9. MAYOR AND CITY COUNCIL REPORTS From: Chief Rick Young at CD 612-474 -4477 4S 07-ZO-95 03:01 pm To: City of Shorewood at @ 474-0128 M 001 of 001 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 810 E�,:Ule-var ,r" Z_ - -- C"A - Z:) :,-. YCUNG Chief of ?C!iCa 1 0 a 4 0 1 11 , I (612) 41 1/ v v 121 To: Jame s C, , Hurm . City Ad in in Is tr a - 10 From: Ric"c Young, ? C I i C -a C 1- i e 1 Date: Jt 1 '110 Subi ect: 5'-crz-wcc-� C::ks Stop 54z-is t -,, c - w rn c n c MV 0 �-- , 5 -1 z i = e C li E . he c u e n t =toy cn 7 o c a -,, i one z a-rrants: o e t h C c n rj e v c - M anua_ = rj r t he r c c T-a I a e-s :2—�z k e a c - 1 o s n s -= an c o m e s much :-Iocer, 4 nc: a - 7- u a 1 ly a e -�, I -r t h L a r n : s 3r.l -.cncern wcu d e tha -ac- :I= -o not -nz 7 S -crr wzi a StC,- yen - Cr loca-ions, o. even a Ll forth 1 ion 0 r � C c d r j -,7 a -- 7raJ Ca -',, s D alk L. s t ra --- and have - Ilo have the stcp signs scmewli-e-re-, 1-t. - -s a good one. • Sevin; Sovh Lake Mitzetcnka e—'--==uaides c . —`:ree= Sl-crewcad and — ctka Hir To: Mayor and City Council From: James C. Hurm, City Administrator Date: July 7, 1995 Re: Review of Shorewood Oaks Stop Signs Currently stop signs are located on Shorewood Oaks Drive at Burlwood Court and Maple Leaf Circle. Councilperson McCarty has been approached by some Shorewood Oaks residents suggesting that the Maple Leaf Circle stop signs be moved westerly to the west intersection of Oak Leaf Trail and Shorewood Oaks Drive. The feeling is that this intersection would serve a greater purpose for stop signs than Maple Leaf Circle because Maple Leaf Circle is a short cul -de -sac where Oak Leaf Trail is a thru street. This proposal is just now being sent on to Department Heads for comment, therefore we would request that no action be taken until a later Council meeting when Department Head input can be a considered. cc: Rick Young, Police Chief Brad Nielsen, Planning Director Joel Dresel, City Engineer Dick Mahaffey, Excelsior Fire Chief • <r ur 5 ` : -1 1.4 6i 's �� r• a I Y_((11' e �t4 250 ^ 446 6+ / W .. a a , ti u 446.6 �. 26t. 0:3 RES 147 u F 1 48 8 1 ' • 186 - �;= •. -'.. ' - - -� 468 -" •',• - �' S Tfi 10171 101 33. InS 33 105.33 1=6.53 30 -- `, , g v S cat y ` a �r-� q 200.46 W; N � N • 1 104.97 103.33 105.33 105.33 I 101.33 $ 189. 14 _ 126.49 103 91: 10&75 20 .85 O a ^ 1 W y a _ 3 co a v 201.24 /y cri 110.93 . A v' �• ,g2.01 -a 191.89 164.24 °fib s' s9 519.4 �i • _L a - _ A 1 447 AU SUEO NO IM 444 I A 1 ^''• °.. .�' �� . `:. ^' _ i' 1 11.03_ 170.65 1 !10 r 30 ry Cr) _ ^r f�. 100 f 100 179.34 g l • 99 66.43 N.) ^`• �� Ij 91 ad - 10.1 t 200 N v° NO ,>3tAAPLE LE AF:�MO'"'!'^CIR' Pv 1 x'' 8 ' (" �'i 200 199.33 v , 200 -c.l g ' O N -'1• • � ( 7, ., o ; ; " -� C O O O YIzN� - J . cn - , a 200 © - - w - e 8 La 200 �,I g 1 103 192.2 � 1 12• , ` ° Q _ �' OJT OT A 11.1 v 1 - I ^ t _ 200 200 Io0 -, too- 19195 115.15 1 - 200 ^ N N 200 N _ v ^' o W W y o O� _ v G ?� ..s y � N - �• U t ® 200 30 30 1 ` o 1 200 - 219.94 N* 6 o1 � $ is 8 ^ - R - NO'31'OYt �' /1� •,� FA W ° 200 a � $ a 12 77.94 200 (� _ - • ��. v u 103.1 _, -$ � .__ � g ^ -- _ $ _ - .. .. � � L . S• gt X10 1•�v c �`i N ~vo v:+ T 30 11 6.99 207.84 c• - ` - v 86.89 a&o2�f74.9e IUT.OS Lt'19 zo ,l SO-32.24•E OK.V y 1 I. - 100 9Z•rrg 91.8 ZZ'�+ _ 1 o S0'32'24•E July 31. 1995 Dear Shorewood City Council, - - - v � The purpose of this letter is to inform e ou , ositioning of the Shorewood Oaks stop sign, as proposed to the City Council, was.NOT supported by the vast majority of the residents of the Shorewood Oaks neighborhood. The original location of the stop sign was on Shorewood Oaks Drive at the intersection of Maple Leaf Circle, where it has been for approximately three years. It has been moved to a new location on Shorewood Oaks Drive at the intersection of Oak Leaf Trail. Actually, most residents in the neighborhood were not even aware that this proposal was before the City Council. Originally the Shorewood Oaks neighborhood began the long process of procuring stop signs at its two cul -de -sacs back in 1991. After several City Council meetings and a petition of signatures from virtually the entire neighborhood, the Council agreed to place stop signs as proposed at the two cul -de -sac locations. This decision was well received by the neighborhood and has not been a point of contention since their placement three years ago. Needless to say, the neighborhood was perplexed to discover this unexpected and unwarranted change in the location of the stop signs. We regret that the city Council would have to be involved in this dispute. But it is important to note that we, the majority of the Shorewood Oaks neighborhood, as well as the City Council were victims of misrepresentation regarding the removal of the stop signs that have served our neighborhood effectively for three years. Therefore, we respectfully ask that the Council return the stop signs to the original location on Shorewood Oaks Drive and Maple Leaf Circle, which were previously established by the Shorewood City Council and supported by the vast majority of Shorewood Oaks residents. Respectfully yours, Concerned Shorewood Oaks residents (see petition) -- Please note the forty households represented by this petition represent the majority of the residents in the Shorewood Oaks neighborhood (more signatures were potentially obtainable but we didn't pursue this further since this clearly represents the majority of the seventy -two homeowners in Shorewood Oaks). a PETITION OF SHOREWOOD OAKS SUBDIVISION - TO SHOREWOOD CITY COUNCIL We the undersigned residents of Shorewood Oaks Subdivision would Iike to request that the STOP SIGN removed from the corner of Maple Leaf Circle and Shorewood Oaks Drive be reinstated. The removal of the STOP SIGN was done without any request on our part. We would also like to request that in the future notification please be given to us prior to any changes which would affect our traffic flow and our CHILDREN'S SAFETY in this NAME (PRLNT) I ADDRESS /'PHONE I ~CHILDREN I SIGNATL'R E LIl 0 00 �c?�n 8v�1vUOa� CT gux I ttv czy 6 0 ; 0 & -e-lW-075 C 6Oio 6tlbd.6e- , S v I z a 3 z 3 Z Z �t / %" e " � - � -, � U Q:- A 4- C (---- Llll� : ;/� PETITION OF SHOREWOOD OAKS SUBDIVISION TO SHOREWOOD CITY COUNCIL We the undersigned residents of Shorewood Oaks Subdivision would like to request that the STOP SIGN removed from the corner of Maple Leaf Circle and Shorewood Oaks Drive be reinstated. The removal of the STOP SIGN was done without any request on our part. We would also like to request that in the future notification please be given to us prior to any changes which would affect our traffic flow and our CHILDREN'S SAFETY in this neighborhood. NAME (PRINT) ADDRESS / PHONE I #CHILDREN I SI GNATURE �J �� For >; lxa zgll l/ /If�IG 6T T, L -pj L4 �KIKlt14 ) M 16 y /1- 0 r Cci1CCC� o?& 1 5 chore cues) d 0-4 D r j" S- z �A d 0 a c l Or 0 p7,�- M>,o %ze 7f 7� 6 6 � - rf � (I Ll 60 - 4 j� Le 4rt, Z ��S � S�Jrt ttiu�('\ l.1n Tf i l> �a <<v 1 PETITION OF SHOREWOOD OAKS SUBDIVISION - TO SHOREWOOD CITY COUNCIL We the undersigned residents of Shorewood Oaks Subdivision would like to request that the STOP SIGN removed from the comer of Maple Leaf Circle and Shorewood Oaks Drive be reinstated. The removal of the STOP SIGN was done without any request on our part. We would also Iike to request that in the future notification please be given to us prior to any changes which would affect our traffic flow and our CHILDREN'S SAFETY in this 0 NAME (PRINT) I ADDRESS / PHONE I .TCHII.DREN I SIGNATURE /Jn ; �J x kz�--,,--i- 1 t V 6bs� Akvk 1-eq 4X - q If c�C Mo� �ca C _ Z 5c7 �-- (--o 60 lE Lac f eir Z Z z 1 t V Sv�ar�ris 6050 r�� 4CI (MD Nw . 55'�1 August 11, 1995 Mayor and City Council City of Shorewood Shorewood City Hall 5755 Country Club Road Shorewood, MN 55331 Dear Mayor and Council: I am writing regarding the removal of the stop signs at the corner of Shorewood Oaks Drive and Maple Leaf Circle. I came home one day and the stop sign was gone. I said to my wife (Kathie), "someone stole the stop signs. " Kathie then told me that the city had removed the signs. I had never heard that the stop signs were on the agenda to be removed or I would have come to you sooner. There are 20 children directly affected by the safety of these signs, not to mention many other children who play on Maple Leaf Circle, but don't live there. I have attached a map showing you where these 20 children live. My question and concerns are: • 1. Who requested the removal of the signs, or why were they removed? I* 2. -s `70:Zy were residents not notified that this was bei—ng. done? 3. How do we get the signs back? Please consider replacing the stop signs. Thank you for the job you do for Shorewood. Sincerely, John Swanson rC , I� Jr ii I i; AUC it iU y r) o - 69 04 *Xacl0a.zTP a44 P61uTad/paddj 014M OPegTuy uvf 04 sxuegy • Md KVWZTdi e+ 0 N 0 STRAWBERRY LANG 26400 03 v Ln L w 26380 �s�BS N W w 26360 O N � L ' 26340 26265 65 26320 26245 N CA Ch CN CLO cn O O O1 26225 0 0 0 0 Ob 26215 26205 26190 2619 MAPLE LEAF 26185 ' 0 26170 26175 0 0 a 0 � 26165 Ln v' LA r 26150 26155 .26145 d 26130 26135 O 0 o 0 o 0 O 0 2 6125 O cr 26110 26115 t7 0 26105 t"4 BURL3900D 0 26090 26095 26085 0 0 cn 0 26070 26075 co � 26065 0 0 Li 26050 26055 cn 26045 -6 0 ` ` N N N N 0 O Q1 0 O p O O 0 0 F+ 0 O O 0 0 Md KVWZTdi e+ 0 N 0 REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 6 D R A F 4 T CONSIDERATION OF A PETITION TO REPLACE STOP SIGN AT MAPLE LEAF DRIVE. Hurm explained in 1991 the issue was raised regarding traffic control, speed and safety of cars driving through this neighborhood on Shorewood Oaks Drive. He explained there was a series of meetings, a number of reports, a speed study was requested and several options were considered. Initially staff did not recommend a stop sign but City Council installed stop signs at the intersection of Burlwood Court and Shorewood Oaks Drive and the intersection of Maple Leaf Circle and Shorewood Oaks Drive. Hurm stated during the interim a number of new homes have been built on Oak Leaf Trail. Staff has now recommended the stop signs on Shorewood Oaks Drive be moved west to Oak Leaf Trail. This was recommended due to the increased number of homes on Oak Leaf Trail, the short distance between stop signs and the Chief of Police and City Engineers opinion that the change will bring the stop signs closer to meeting the traffic control warrants. Hurm reported there is now a petition before the City Council to replace the stop signs to their original location. He indicated the City had not fulfilled their responsibility to notify the residents in the area of the change. He reported Catherine Dales, 26085 Oak Leaf Trail, had called the City today to ask that her name be removed from the petition. Councilmember McCarty noted she had talked with residents on Oak Leaf Trail and two of the six who had signed the petition had asked to have their names removed, Catherine Dale and Gela Kantro, 26205 Oak Leaf Trail. She indicated she should have notified more of the neighborhood of the change. She stated she had been asked by residents to address this issue and had taken into account the safety of the entire neighborhood. She questioned if the suggestion for curve signs on Shorewood Oaks Drive and Oak Leaf Trail, with recommended reduced speeds, was a valid option. Councilmember Stover reported in 1991 there was discussion regarding the curve and reduced speed signs but they were discouraged because the suggested speed was not enforceable but only recommended. It was also suggested the signs may only detract the driver's vision. She indicated in 1991 there was a lot of discussion and much written information provided that is not included in the Council meeting minutes. She stated the Council was strongly encouraged by the professional staff involved, to choose only two spots for the stop signs to be placed. • Guadalupe Pfaff, 6075 Maple Leaf Circle, stated that three weeks ago, stop signs were moved in the Shorewood Oaks neighborhood without any notification to the residents. She asked who had made the recommendation to remove stop signs after three years. She stated the number of children in the neighborhood has grown from 78 to 130. She believed the neighborhood needed more safety measures rather than less. Councilmember McCarty stated she had been asked by residents to investigate if the stop signs were in the most appropriate location. Hurm explained that the Police Chief states in his memo that the new location of the stop signs comes much closer to meeting the uniform traffic control warrants. Ms. Pfaff stated it appeared the Police Chief was against the stop signs originally. She stated Shorewood Oaks Drive is used as a cut through and there are many small children in the area. She asked if the speed limit could be reduced. She stated the neighborhood needs more safety measures installed rather than removed. Hurm explained stop signs are not recommended as speed control devices. He stated the best speed control device was to have a police officer in the area more often. REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 7 Ms. Pfaff disagreed. She stated with the stop signs moved, traffic is flying by her home at high speeds. Councilmember Malam indicated when the speed study was performed in 1991, the recorded avera -e speed was 30 miles per hour. Ms. Pfaff asked why the City took away what stop signs the neighborhood had. She indicated with the new developments in the area there was much more traffic. She indicated 50% of the residents in the neighborhood signed the petition. Councilmember McCarty stated the stop signs had not been taken away but rather had only been moved down two houses. She stated it was equitable to have two stop signs on Shorewood Oaks Drive and two stop signs on Oak Leaf Trail. Ms. Pfaff again indicated there had been increased speeding since the stop signs were moved. She indicated it was not good government the way the stop signs were removed and she felt there was no actual basis for their removal. She stated that first and foremost the speed limit in the area needs to be reduced. Mayor Bean stated the Council is very concerned with the safety of the children in the streets of Shorewood but Minnesota Statute states that 30 miles per hour is the lowest enforceable speed limit. Councilmember Stover noted the City cannot lower the speed limit without State authority. If the City did, the speed limit would not be enforceable. She explained the State determines the speed limit based upon the construction of the street, the side vision, etc. Mayor Bean stated the speed limit on this street was not the issue before the Council tonight. The issue was would moving the signs bring a balance in traffic control. Ms. Pfaff asked if the City had completed a study that showed the new location of the stop signs would be more effective than the previous location and why an additional stop sign could not be added. Mayor Bean stated the decision was based on the feelings and experience of the South Lake Police Department and a significant volume of information from MNDOT. He indicated there should not be two stop signs in such close proximity of one another. Mayor Bean explained the City had to work within constraints of the State Legislature. He urged Ms. Pfaff to contact her State Legislators and urge them to give the authority to set speed limits to the local government. Councilmember McCarty suggested the stop signs be left where they presently are and the issue tabled for three months. Councilmember Stover agreed, indicating during that period of time, a police officer could be requested to be in the area more often and record data to be compared with data acquired when the stop signs were in their previous location. A decision would then be made if the stop signs would stay where they are currently located or moved back to their previous location. Mayor Bean suggested a traffic counter also be placed at each of the intersections. Mayor Bean suggested the State could also be asked to come and evaluate the speed study again. Tom Rendos, 6040 Maple Leaf Circle, suggested this study be performed but then the stop sign be replaced to its previous location and another study be performed. He felt this would show if the stop sign actually did split the traffic. Councilmember Stover indicated the City already had data from the previous location of the stop signs. REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 8 Mr. John Swanson, 6050 Maple Leaf Circle, confirmed that the Council had received his letter. He added residents in favor of moving the stop signs should be in attendance at the meeting. Mayor Bean recessed the meeting at 9:36 p.m. and reconvened at 9:38 p.m. Mr. Swanson indicated he did not want to see the neighbors at odds with each other. He stated Oak Leaf Trail was a winding road and there was not as much likelihood of speeding on that road. He asked that the stop sign be replaced to its previous location and the study performed at that time. Bean moved, Benson seconded to table the issue of replacing the stop sign at Maple Leaf Drive until November 13, 1995. Motion passed 510. McCarty moved, Benson seconded to request the State of Minnesota perform a speed evaluation throughout the Shorewood Oaks neighborhood, specifically Shorewood Oaks Drive and Oak Leaf Trail. Motion passed 510. The Council directed staff to request the Shorewood Lakes Police Department to establish a Is monitor in the Shorewood Oaks neighborhood with a mechanic traffic counter. Mr. Kurt Pfaff, 6075 Maple Leaf Circle, expressed his concern that the study be based on objective data rather than subjective data. He suggested if the monitors were visible, it may affect the results. Mayor Bean recessed the meeting at 9:52 p.m. and reconvened at 10:00 P.M. 8. PRESENTATION TIO E HOMEOWNERS ASSOCIATION ON JOINT WATER QUALITY STUDY Debra Borkon, 5590 Shore Road, and John Joseph, 6290 Ridge Road, were in attendance to discuss the need for a high water quality study on Christmas Lake. Mr. Joseph explained the purpose of the study would be to collect historical data, prioritize future projects, and obtain funding for projects through State or Federal sources. He explained this would be a cooperative effort between the City of Chanhassen, the City of Shorewood and the Christmas Lake Homeowners' Association. He stated the project would begin in 1996 and he was asking the City to contribute $1,700 to the project. There was Councif consensus that this was a worthwhile project. Benson moved, McCarty seconded to place $1,700 in the 1996 City budget for a Joint Water Quality Study on Christmas Lake. Motion passed 510. 9. ESTABL ISHING NG N A POLICY MOTION ALLOWING OR PREPAYMENT ORDINANCE OF A ESTABLISHI PORTION OF THE WATERMAIN ASSESSMENT. Rolek explained, per Council direction, a draft ordinance has been prepared to allow partial prepayments of the watermain assessment. He explained the three conditions for prepayment were that the prepayment must be made to the City Finance Director; partial prepayments could be made no more than once per year; and partial prepayments can be no less than 20% of the original assessment. C " I mss! August 24, 1995 MAYOR Robert Bean COUNCIL Kristi Stover Bruce Benson Jennifer McCarty Doug Malam CITY OF S HOREWO OD 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 Dear Shorewood Oaks Resident: Enclosed for your information is an excerpt of draft minutes from the City Council's regular meeting of August 14, 1995 when the issue of stop signs in your neighborhood was discussed. As you may be aware, in 1991 a petition was received by the City Council which requested additional stop signs .in the area, a reduction of the speed limit to 15 mph, and installation of "Slow Children at Play" signs. In response to this petition and following a speed study in the area, MNDot reported "we recommend continued reliance on Minnesota's statutory 30 mph urban district speed limit ". They also recommended the Slow Children signs not be posted. City staff recommended against placement of stop signs as requested because they did not meet stop sign criteria. Following review of the data collected at that time, the City Council directed installation of stop signs at the intersection of Maple Leaf Circle and Burlwood Court with Shorewood Oaks Drive. In June of this year, City staff was directed by the Council to determine if the stop sign at the Maple Leaf Circle intersection could more closely meet warrants by moving it westerly to the intersection of Oak Leaf Trail, which is now fully developed with new homes. It was determined that while neither location meets warrants for a stop sign, the Oak Leaf Trail intersection more closely meets those warrants. The Council's goal is to reduce speed by more visibility and traffic enforcement by police, and to have Shorewood Oaks Drive and Oak Leaf Trail share as equally as possible in traffic volume. The City also acknowledges poor communication on our part before action affecting the entire neighborhood was taken. Following the moving of the signs, several area residents contacted City Hall to inquire about the change in location, and a petition was presented to the City Council requesting that the stop sign removed from the corner of Maple Leaf Circle and Shorewood Oaks Drive be reinstated. In response, City Council has directed the following actions: • Table the issue of replacing the stop sign at Maple Leaf Circle until November 13, 1995; • Request a speed evaluation from the State of Minnesota; • Request additional monitoring from the Police Department; and • Use mechanical traffic counters in the area for the collection of data. During this interim period, City staff will collect the requested data for the Council to consider at their November 13 meeting. We will do a better job of keeping you informed. Sincerely, � Y OF SHOREWOOD" James C. Hurm, -.City Administrator Enclosure A Residential Community on Lake Minnetonka's South Shore To: Rick Young, Police Chief From: James C. Hurm, City Administrator Date: August 24, 1995 Re: Shorewood Oaks Traffic Study • Enclosed you will find an excerpt from the draft Council minutes of August 14. At that meeting the Council received a petition to replace the stop sign at Maple Leaf Circle and Shorewood Oaks Drive. After much discussion on this subject, the Council directed staff to do the following: • Table the issue of replacing the stop sign at Maple Leaf Circle until November 13, 1995; • Request a speed evaluation from the State of Minnesota; • Request additional monitoring from the Police Department; and • Use mechanical traffic counters in the area for the collection of data. Please arrange to provide the additional patrol coverage in this area. We will arrange with the City Engineer for the use of two mechanical traffic counters. However, we may want 49 to use the radar unit in this area in the future. All information collected and staff recommendations will be presented to the City Council at their meeting of November 13. Kristi Stover indicated at the Council meeting that data has been collected on the effect of the stop signs since installed in 1991. Please submit any information you may have collected regarding this issue since that time. MAYOR, Rccert Bean COUNCY. Kristi Stover Bruce Benson Jennifer McCarty Ooug Malam CITY OF SH011- 5755 COUNTRY CLUB ROAD • SHOREWOOD, MINNESOTA 55331 -8927 • (612) 474 -3236 August 29, 1995 Mr. Ed Brown Senior Engineer Traffic Minnesota Department of Trar_sportaton 5801 Duluth Street Third Floor Golden Talley, MN 55422 Re: Speed Zone Study Deals Mr. Brown, Ors August 28, 1995 the Shorewood City Council passed Resolution No. 95 -75, "A Resolution Requesting a Speed Zone Studv on Shorewood Oaks Drive and Oak Leaf Trail, Public Streets in the City of Shorewood ". We are enclosing a copy of the resolution. Please initiate an engineer and traffic investigation to determine the proper speed for this area, prepare the results of this study and forward to us as soon as possible. Should you have any questions or concerns please call me. Thank you. • Sincerely, TTY OF SHOREWOOD ames C. Hurm, City Administrator Enclosure cc: Brad Nielsen, Planning Director Ed DeLaForest, City Engineer Don Zdrazil, Public Works Director Richard Young, Police Chief A Residential Community on Lake Minnetonka's South Shore o .%t4NESO Minnesota Department of Transportation �? Metropolitan Division Golden Valley Office M55 North Lilac Driv e 0jr 7f+o Golden Valley, \ 55.122 September 1, 1995 4 ; j Mr. James C. Hurm, City Administrator City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 -8927 Re: Speed Zoning - City of Shorewood Shorewood Oaks Drive, Oak Leaf Trail Dear Mr. Hurm: Speed zoning studies for the above referenced roads have been placed on our agenda as requested in your August 19 letter to Ed Brown and in Shorewood City Council Resolution No. 95 -75. The studies are expected to be completed within the next two to three weeks. As soon as all data necessary for the studies has been collected and evaluated, we will contact you to discuss possible speed limits for Shorewood Oaks Drive and Oak Leaf Trail. In the meantime please direct any questions or additional information concerning the studies to either Ed (797 -3129) or myself (797 -3126) at this office. For future reference, please note that we have moved to the address listed on the 40 letterhead. Also, we suggest that future speed zoning requests be sent directly to me. Doin so will avid any possible delay cause by fo; w al u iCJ, v `u `, request. Sincerely, Michael T. Schadegg Traffic Studies Supervisor j a t MTS:pl:E6 ';, r _} Thomas Tritch Mr. &Mrs. Dean Johnson Mr. & Mrs. Moore 4669 Park Arcadia Dr 5875 Cathcart Dr 5905 Cathcart Dr San Jose, CA 95136 Shorewood, MN 55331 Shorewood, MN 55331 32- 117 -23 34 0044 32- 117 -23 3100 32- 117 -23 310007 Robert Wheland Naomi Carlson Kenneth Riedel 5910 Cathcart Dr 5955 Cathcart Dr 5995 Cathcart Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 32- 117 -23 310005 32- 117 -23 310014/15 32- 117 -23 310013 P J Wartman Norbert Blaschko Freddie Nephew 5840 Cathcart Dr 5870 Cathcart Dr 5890 Cathcart Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, MIST 55331 32- 117 -23 32 0004 32- 117 -23 32 0005 32- 117 -23 32 0006 SS Biggers /CA Berg Edward Zembrycki David Dahl 5970 Cathcart Dr 243 Water St 6100 Cathcart Dr Shorewood, MN 55331 Excelsior, MN 55331 Shorewood, MN 55331 32- 117 -23 32 0018 32- 117 -23 33 0019 32- 117 -23 33 0036 Geor & Leslie Gleason Andrew'Yfeldahl Steve Korin/Jane Smith 6130 Cathcart Dr 6180 Cathcart Dr 6135 Cathcart Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 32- 117 -23 33 0037 312-117-2 0035 32- 117 -23 34 0003 Jeff & Jodi Honickel Richard & Kathy Lewis Richard & Karin Fyhrlund 6095 Cathcart Dr 6065 Cathcart Dr 67075 Cathcart Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, NIN 55331 32- 117 -23 34 0056 32- 117 -23 34 0047 32- 117 -23 34 0041 •GM English/TN Berlind Harvey Pierce Russell & Lynn Pauly 6035 Cathcart Dr 1342 Boundary Rd 6085 Cathcart Dr Shorewood, MN 55331 Middleton, WI 53562 Shorewood, MN 55331 32- 117 -23 34 0040 32- 117 -23 34 0039 32- 117 -23 34 0048 Blaine & Jan Conant 26050 Shorewood Oaks Dr Shorewood. MN 55331 Thomas /Susan Abrahamson 26020 Shorewood Oaks Dr Shorewood, MN 55331 Resrdeit 2600'�Shorewo aks Dr Sh � mood. MN "531 D.A. Boismier 26050 Oak Leaf Trail Shorewood, MN 55331 Timothy & Lois Silvers 26065 Oak Leaf Trail Shorewood, MN 5533 i - Brad & Julie Greiner Bart Chiotti 26040 Shorewood Oaks Dr 26030 Shorewood Oaks Dr Shorewood, MN 55331 Shorewood, MN 55331 Peter Buonomo 26010 Shorewood Oaks Dr Shorewood, M"N 55531 Michael & Janice Thibado 26075 Shorewood Oaks Dr Shorewood, MN 55331 The Great Stock Corporation 13009 Diamond Path West Apple Valley, MN 5512 Donald & Dianne Aslesen 26055 Shorewood Oaks Dr Shorewood, MN 55337 S.L. Kent James & Nancv Heinz 26050 Oak Leaf Trail 26070 Oak Leaf Trail Shorewood, MIN 5533I Shorewood, MINT 55331 Gary Begin Resident 5709 Lake Sarah Heights 26045 Oak Leaf Trail Dr Shorewood, MN 5533I Rockford, MN 55373 Dave & Sheila Halbmaie: Jeff & Patricia Tuma Krec & Lisa Levine 26395 Shorewood Oaks Dr 26345 Oak Leaf Trail ' 263?5 Oak Leaf Trail Shorewood. MN 55 Shorewood_ MN :5331 Shorewood, MN 55331 Michael & Mary Barza David & Karen Aubrey Russ & Lynn Kirchhoff 26305 Oak Leaf Trail 26285 Oak Leaf Trail 26265 Oak Leaf Trail Shorewood. MN 55331 Shorewood. MN 55331 Shorewood, MN 55331 James & Joan Gemmill 26245 Oak Leaf Trail J & E Haesler 26225 Oak Leaf Trail D & G Kantro 26205 Oak Leaf Trail Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 Richard Havron 26185 Oak Leaf Trail Shorewood. MN 55331 4 n i Dou, as/& Ga�('ipley 1830 Priory LYine Minuet \ I:a D�11�55345 Resident 26165 Oak Leaf Trail Shorewood. MN 55331 T & L WaUner T & S Wiese Paul & Heidi Snede 26145 Oak Leaf Trail 26125 Oak Leaf Trail 26105 Oak Leaf Trail Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 M & C Dales L.J. Kapustka M.H. Radcliffe 26085 Oak Leaf Trail 26400 Shorewood Oaks Dr 26400 Shorewood Oaks Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 Michael & Lorilee Virnia Kevin & Sally Greer Robert & Jennifer McCam 26380 Shorewood Oaks Dr 26360 Shorewood Oaks Dr 26340 Shorewood Oaks Dr Shorewood, MN 5533I Shorewood, MN 55331 Shorewood, MN 55331 James & Lauri Roberts James & JacqueIine Lund Eric & Catherine Paul 26320 Shorewood Oaks Dr 6070 Mapie Leaf Circle 6060 Maple Leaf Circle Shorewood. MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 Kathryn & John Swanson, Thomas & Nancy Rendos Eberhard & Janice Gabriel 6050 Mapie Leaf Circle 6040 Maple Leaf Circle 6045 Maple Leaf Circle Shorewood. MN 55331 Shorewood, MN 55331 Shorewood, MN 55331 Ray & Ansela McMullen Mark & Sandra Schuehle Kurt & Guadalupe Pfaff 6055 Mapie Leaf Circle 6065 Maple Leaf Circle 6075 Maple Leaf Circle Shorewood. MN 55331 Shorewood. MN 553.3I Shorewood. MN 55,331 Mark & Laura Johnson, Dennis & Sande Thiesse Ben & Catherine Arriola 6080 Burlwood Court 6070 Buriwood Court 6060 Burlwood Court Shorewood. MN 55331 Shorewood. MN 331 Shorewood. MN 453_,1 Daniel & Christine Stein Blair & Sharon Bun Paul Steffens 6050 Bur)wood Court 6040 Burlwood Court 26250 Oak Leaf Trail Shorewood. MN 55331 Shorewood, MN 55331 Shorewood. MN 55331 Charles Panacopoulos William & Mary Colopoulos Pat & Man Hadapp 26300 Oak Lear" Trail 26215 Shorewood Oaks Dr 26195 Shorewood Oaks Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood. MN 55331 James & Brenda Pisuia Kent & Julie Forss Stephen & Diane KIimowicz 26175 Shorewood Oaks Dr 26155 Shorewood Oaks Dr 26135 Shorewood Oaks Dr Shorewood, MN 55331 Shorewood, MN 55331 Shorewood. Ml\ 55331 Stephen/ Gina Hertzenberg Paul & Susan LiiiePren David Setterholm 26115 Shorewood Oaks Dr 26095 Shorewood Oaks Dr 26090 Oak Leaf Trail Shorewood. MN 55331 Shorewood. M.NT 55331 Shorewood, M1 55331 S & G Gray Dean & Jeanine Weisbeck G & M Mazzoni 26110 Oak Leaf Trail 26130 Oak Leaf Trail 26150 Oak Leaf Trail Shorewood, Mir' 55331 Shorewood, MN 55331 Shorewood, MN 55331 Matthew & Amy Keller Frederick Buie Richard & Connie Etshokin 26170 Oak Leaf Trail 26190 Oak Leaf Trail 6030 Burlwood Court Shorewood, MN 55331, Shorewood, MN 55331 Shorewood, MN 55331 Mark & Kathleen Willemsen John & Holly Babbs Paul & BeverIv Krueger 6020 Burlwood Court 6010 Burlwood Court 6015 Burlwood Court Shorewood. MN 55331 Shorewood. MN 55331 Shorewood. MN 5533 i Daniel & Kelly Stoks John & Ellen Jordano James & Doris Mierendorf 6035 Burlwood Court 6045 Buriwood Court 6065 Burlwood Court Shorewood, MN 55331 Shorewood, MN 55331 Shorewood. MN 55331 Timothy & Mary Morin William Tiede Cvnthia Schiick 6085 Burlwood Court 26060 Shorewood Oaks Dr 26060 Shorewood Oaks Dr Shorewood. MN 55331 Shorewood, MN 55331 Shorewood. MN 55331 Dean 7ohnson Richard Moore Robert Whelan 5073 Cathcart Drive 5905 Cathcart Drive 5925 /5910 Cathcart Driv, Shorewood MN 55331 Shorewood MN 55331 Shorewood MST 55331 Naomi Carlson P. J. Wartman Norbert Blaschko 5975/95 Cathcart Drive 5840 Cathcart Drive 5870 Cathcart Drive Shorewood MN 55331 Shorewood MN 55331 Shorewood MN 55331 Freddie Nephew Alan Lizee Melvin Ostwald 5890 Cathcart Drive 27055 Smithtown Road 5970 Cathcart Drive Shorewood MN 55331 Shorewood MN 55331 Shorewood MN 55331 G.M. English T.N. Ber lind R.L. Fvhrlund R.G. Lewis W 5 Cathcart Drive 6075 Cathcart Drive 6065 Cathcart Drive rewood YIN 55331 Shorewood MST 55331 Shorewood MN. 55331 Siegried Weissner Gerald Albrecht Thomas Hines 26730 Smithtown Road 6015 Cajed Lane 6045 Cajed Lane Shorewood MN 55 Shorewood MN 55331 Shorewood MN 55331 `?'imothv Traon 5985 Cajed Lane Shorewood MN 55331 O rvl Sass 26860 Beverly Drive Shorewood MST 55331 Peter A. Holmberg 5955 Cajed Lane Shorewood MN 55331 J. A. Burnett -Clapp 26900 Beverly_ Drive Shorewood MN 55331 Earl G. Bakken 6040 Cajed Lane Shorewood MN 55331 John J. Coverdale 26930 Beverly Drive Shorewood MIN 55331 Jill Gilbertson Dale Newberg Tony Pink mark Kasperek 26960 Beverly Drive 27000 Beverly Drive 27170 Beverly Drive Shorewood MST 55331 Shorewood MN 55331 Shorewood MN 55331 Chris & Brad Farr 27175 Beverly Drive Shorewood, MN 55331 _eveP_ Haeg : -015 Beverly Drive orewood MN 55331 James Lindell 27125 Beverly Drive Shorewood MST 55331 Jeri Wing 26975 Beverly Drive Shorewood MN 55331 John Steinhibel 27075 Beverlv Drive Shorewood Mu 55331 Enrique Rodriauez 26925 Beverly_ Drive Shorewood Mal 55331 +-S4 0�4 John W. Swanson 6050 Maple Leaf Circle Shorewood, MN 55331 City Council Meeting Notice The Shorewood City Council members invite residents of the i Shorewood Oaks area to attend a meeting Monday, July 27,1998 Meeting Starts at 7:00 p.m. at Shorewood City Hall Council Chambers 5755 Country Club Road Shorewood, Minnesota The purpose of this meeting is for Council members to consider a request from Maple Leaf Circle residents for the replacement of stop signs on Shorewood Oaks Drive at is its intersection with Maple Leaf Circle. If you are unable to attend this informal meeting, we suggest you submit your comments in one of the following ways: U.S. Mail: Fax: E -Mail: Voice Mail: City of Shorewood 5755 Country Club Road Shorewood, MN 55331 474 -0128 cityhall@shorewood.state.net 474 -3236, Ext. 1 for the Shoreline James C. Hurm, City Administrator /Clerk Subject: Stop sign in Shorewood Oaks Date: Tue, 14 Jul 1998 03:54:19 -0500 From: jimgemmill @juno.com (James H Gemmill) To: cityhall @dorthy.state.net Dear Council members: I will be unable to attend the city council meeting on Monday, July 27, 1998, to hear requests for replacement of the stop sign at the intersection of Shorewood Oaks Dr. and Maple Leaf Circle, but wanted to voice my objection to the moving of the sign at the intersection of Shorewood Oaks Dr. and Oak Leaf Trail. At the present location of the stop signs, the city did a vehicle count and found that an almost equal number of vehicles travel on both streets. Any additional signs, or transfer of existing signs, will change the traffic pattern to direct the majority of the traffic to Oak Leaf Trail. Sincerely, James H. Gemmi l l 26245 Oak Leaf Trail Shorewood, MN 55331 You don't need to buy Internet access to use free Internet e -mail. Get completely free e -mail from Juno at httr)://www.iuno.com Or call Juno at (800) 654 -JUNO [654 -5866] Subject: Stop Signs Date: Wed, 15 Jul 1998 22:24:49 -0500 From: bill tiede <tiede003 @maroon.tc.umn.edu> To: cityhall @dorthy.state.net We strongly favor the replacement of a stop sign at the intersection of Shorewood Oakds Dr. and Maple Leaf Circle, while maintaining the current stop signs in the neighborhood. With so many children in the neighborhood we feel it is imperative to keep the traffic at as slow a speed as possible. Thank You William Tiede and Cynthia Schlick • • 07/20/1998 02: 29 6124744928 ACCEL DEVEL CONS INC PAGE 02 Page 1 of I From: Lisa Steffens <Isteffens_adc(0email.msn.com To. cityhall(gshorewood.state.net <cityhaII@shorewood. state. net> Date: Monday, July 20, 1998 8:57 AM Subject: Stop sign at Maple Leaf Circle City Council Members: I recently received your notice about the renewed request for a stop sign at the intersection of Shorewood Oaks Drive and Maple Leaf Circle. I cannot attend the July 27th council meeting but wanted to make my opinion known. I very much oppose putting a stop sign at Maple Leaf intersection. Hero are my reasons, in order of importance: 1) As a resident of Oak Leaf Trail (which intersects with Shorewood Oaks Drive), I believe leaving the stop sign at the Oak Leaf Trail intersection divides the traffic more evenly between Shorewood Oaks Drive and Oak Leaf Circle. As I recall, the previous council had traffic wui eta which vaiidated this. When the stop sign was positioned at the Maple Leaf Circle intersection, there were two stop signs on Shorewood Oaks brive viid only one stop sign on Oak Leaf Trail. This caused the majority of travelers to choose the road with the feast amount of stop signs, Oak Leaf Trail. Once the sign was moved to the Oak Leaf Trail intersection, traffic was much more evenly divided between the two roads. if you move the current Oak Leaf Trail stop sign down to Maple Leaf or if you add another stop sign to Maple _ Leaf, this will put more signs on Shorewood Oaks Drive and once again drive an uneven amount of traffic down Oak Leaf Trail. 2) In my opinion, it makes sense to leave the stop sign at the Oak Leaf Trail intersection. This intersects with a major road rather than a cuddle -sac. I believe a major road requires more control than a cuddle -sac intersection. 3) The distance from the current stop sign on Oak Leaf Trail to Maple Leaf • Circle is very short ... only a half block. I do not think traffic gains significant speed in half a block to justify negating the two issues above. I'd be happy to discuss this in person, if necessary. I am O.K. with my name being mentioned in the council meeting as long as my views are accurately represented. Feel free to call me at 474 -8075 or e-mail me at IstefFens adciM=n&gm Thank you. 7/20/98 July 20, 1998 City Council City of Shorewood 5755 Country Club Rd Shorewood, TNIN 55331 Dear Council Members: Thank you for your timely response to our request to have the stop sign replaced at Maple Leaf Circle on Shorewood Oaks Drive. Your approach in holding an informal meeting for residents is considerate. I feel the safety of my four children has been compromised since the sign was removed. Questionable use of power was involved in moving the sign. No traffic study was performed prior to its removal. I'm asking the city to keep costs to a minim and replace a stop sign without a study. Thanks. Sincerely, Angie McMullen (6055 Maple Leaf Circle) • L AND LEASE THIS AGREEMENT, made and entered into as of the _ day of 1998, by and between the City of Shorewood, a Minnesota municipal corporation (hereinafter "City ") and the Waterford Homeowners Association, a Minnesota corporation (hereinafter "Association "). WITNESSETH: The City, in consideration of the rents and covenants hereinafter mentioned does hereby demise, lease and let unto the Association, and the Association does hereby hire and take from the City the following described premises, situated in the City of Shorewood and the County of Hennepin and the State of Minnesota, to wit: • Outlot E, Silver Ridge, according to the recorded plat thereof, Hennepin County, Minnesota. ("Property") TO HAVE AND TO HOLD, the said Property AS IS and WHERE IS without obligation or liability on the City to make alterations, to repair or maintain the Property for the term of ten years commencing on , 1998 and terminating on , 2008, unless earlier terminated as provided for hereinafter, for the following purpose, to wit, Construct and maintain an entry monument sign and landscaping, (" Improvements") 9 yielding and paying therefor an annual rent of $120 payable on the commencement date stated above and on each anniversary date thereafter during the term of this Lease. All subject to the terms and conditions hereinafter contained: Indemnity and Insurance The Association agrees to indemnify and hold harmless the City, its officers, agents and employees from any claim or causes of action, of whatever nature occasioned by or arising out of the Association use and occupancy of the Property. The Association shall carry liability insurance which names the City as an additional insured and provides coverage in amounts acceptable to the City for personal injury, property damage or death resulting from Association's use of the Property. Such insurance shall be kept in place at all times and the Association shall furnish the City with written evidence of such coverage. JB D- 147159 SH230 -2 11,19 2. Improvements Association agrees that it will not make any alterations or modifications to the Property without the approval of the City. Association shall submit to the City for review and approval the plans for the entry monument sign and landscaping. 3. Maintenance The Association agrees that it will, at all times, at its expense, keep the Property and the Improvements in a neat, clean and respectable condition. 4. Taxes In the event that use of the Property by the Association should result in the Property being subject to taxation, the Association agrees that it will pay all such taxes promptly and before penalty attaches. 5. Earlv Termination If, at any time, the City determines, in its discretion, that all or a part of the Property is needed for public purpose, this Lease shall automatically terminate 60 days following the date of which City gives the Association written notice of such determination. If the Association has not removed the sign from the Property during such 60 day period, all right, title and interest in the sign shall be deemed forfeited by the Association to the City. 6. Default, Termination If the annual rent payments, or any other payment required to be made by the Association are not paid when they become due; or if the Property shall be and used for any purpose other than as above specified, or if any damage or waste shall be made thereof, or if any part of the Property shall be sublet, or this Lease designed without the consent of the City, or if any term, condition or covenant of this Lease shall be violated or neglected by the Association, then the City may cancel and annul this Lease at once and reenter and take possession of the premises immediately without such reentering working a forfeiture of the rents to be paid and the covenants to be kept by the Association for the full term of this Lease. 7. Condemnation In the event the Property or any part thereof shall be taken. by condemnation, this Lease shall automatically terminate, and the Association shall not be entitled to participate in any award in condemnation. 8. Waiver of Claim In the event this Lease is terminated by operation of paragraphs 5 and 6 or 7, the Association acknowledges that it will make no claim against the City for loss to the use or value of any Improvements nor for the cost of removing or relocating the same. 9. Extension The Association shall be entitled to extend this Lease for one additional five year period by giving the City written notice of its election to do so, not later than 90 days prior to the end of the term. All the terms and conditions herein shall be extended except that the annual rent shall increase to $150. 10. Covenants Run with Land The covenants, terms and conditions of this Lease shall extend, apply to and firmly bind the successors an assigns of the respective parities as fully as the respective parties are themselves bound. JBD- 147159 2 SH230 -2 11. Notices All written notices required to be given under this Lease shall be mailed postage prepaid to the parties as follows: If to the City: City of Shorewood ATTN: City Hall 5755 Country Club Road Shorewood, MN 55331 If to the Association: Waterford Homeowners Associations ATTN: IN TESTIMONY WHEREOF, the parties have signed, sealed and executed this • instrument in duplicate the day and year first above written. CITY OF SHOREWOOD 0 By: Its: By: Its: WATERFORD HOMEOWNERS ASSOCATIONS By: Its: By: Its: Subscribed and sworn to before me this day of ' 1998. JBD- (47159 SH230 -2 3 07 - 27 - 98 03:52PM FROM XYLEM COMPANY TO 4740128 P001 /001 i MAYOR Tom Dahlberg COUNCIL Kristl Stover Jennifer McCarty Jerry O'Neill CITY OF, John Gartunkel 'SHOREWOOD '5755 COUNTRY CLUB, ROAD • SHOREWOOD, MINNESOTA 55331 -892/ • (612) 474 -3238 FAX (612) 474 -6128 * www_state.net/shorewood • city hall* shore wood, state, net Jelly 25, 1998 City of Shorewood Mr. Jaynes Hurm 5755 Country Club Ro#.d Shorewood, MN 5533 L 4 4.. Dear Mr. Hurm At your request I have reviewed the properlics affected by the proposed Wiltsey Lane paving project. I believe each of the properties will benefit from the improvement by the proposed amount of the project, which is approxiniately$9,500 per property. 1 have based my opinion on the observation of previous proiects in the Cities of Corcoran, Excelsior, Greenfield, Medina, Maple Plain and Orono and on court decisions relating to similar projects. Very Truly Yours, f frickson City Assessor A Residential Community on Lake Minnetonka's South Shore -i�'J MEMORANDUM CITY OF S HOREWO OD 5755 FAX COU 4748 RO S HsORE Wt OOD, MIN •ESOrTA�553 st(612) 474 -3236 TO: Mayor and City Council James Hurm, City Administrator FROM: Larry Brown, Director of Public Works • DATE: July 23, 1998 RE: Consideration of a Motion to Adopt a Resolution Accepting the Feasibility Report and Setting a Date for the Public Improvement Hearing Attached is the feasibility report for the Wiltsey Lane Improvement Project. Total project costs amount to $44,344. The recommended alternative calls for 100 percent assessment to the 5 benefiting property owners. This amounts to an assessment of $8,419 per lot. The City Council can choose what period this is to be assessed, if appropriate. A 10 to 15 year period is typical. The second portion of this item sets a date for the public improvement hearing. It is suggested that August 24` be established as the Improvement Hearing date at 7:15 during the normal City Council • meeting. A resolution is attached for your consideration. X' C tD PRINTED ON RECYCLED PAPER CITY OF SHOREWOOD RESOLUTION NO. A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR WILTSEY LANE IMPROVEMENT PUBL SETTIN A DATE FOR C IMPROVEMENT HEARING THE WHEREAS, the City has received a petition (Petition) requesting that the City investigate the reconstruction of Wiltsey Lane; and WHEREAS, on March 23, 1998 the City Council ordered preparation of a feasibility report for said improvement; and WHEREAS, The City Engineer has prepared a feasibility report dated June 2, 1998 (revised June 29, 1998); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of • Shorewood, Minnesota: 1. The feasibility report for Wiltsey Lane Improvements has been reviewed and accepted. 2. WSB & Associates is hereby designated as the engineer for this improvement. They shall prepare Plans, Specifications and Estimates for the making of such improvement. 3. The Public Improvement Hearing is set for August 24th, 1998 at 7:15 p.m. in the City Council Chambers at Shorewood City Hall. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 27th day of July, 1998. C � ATTEST Tom Dahlberg, Mayor James C. Hurm, City Administrator/ulerx a !� WILTSEY LANE IMPROVEIVIENTS a Shorewood, Minnesota • as for the _ City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 June 3, 1998 FEASIBILITY SPORT PO�MEIVT pROJECT yyILTSEY LANE IMD MINNESOTA SHOREyV C7 June 3, 1998 Revised June 29, 1998 • PrepaCed BY City of Shorewoo Engineering Department 5755 Country Club Road Shorewood, Minnesota 55331 Da Provided BY WSB and Associates, Inc. 350 Westwood lake Office d a rk 8441 Wayzata Minneapolis, Minnesota 55426 Wiltsey Lane Feasibility Rep ort 1 CERTIFICATION 1 hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a daily registered Professional Engineer under the laws y ofthe t ate of Minnesota L ate: June S, 1998 Reg. No.: 23390 • Wiltsey Lane Feasibility Report 2 TABLE OF CONTENTS TITLESHEET ...................................................................................................... I CERTIFICAITONSHEET ....................................................................................... 2 TABLEOF CONTENTS .......................................................................................... 3 1. EXECUTIVE SUMMARY ................................................................................. 4 2. AUTHORIZATION .......................................................................................... 4 3. PROJECT LOCATION ....................................................................................... 4 4. DATA UTILIZED ................................ ............................................................ 4 5. BACKGROUND INFORMATION • 5.1 Existing Conditions ................................. .................................................. 5 6. PROPOSED IMPROVNENTS 6.1 Street Section ............................................................................................. 5 6.2 Sanitary Sewer ............................................................................................. 5 6.3 Watermain ................................................................................................ 6 6.4 Permits / Approvals .................................................................................... 6 6.5 Right of Way / Easements .............................................................................. 6 7 FINANCING 7.1 Opinion of Probable Cost .............................................................................. 7 7.2 Funding ............................... ...................................................................... 7 8 FEASIBILITY AND RECOMENDATIONS .............................. .............................. APPENDIX OPINION OF PROBABLE COST Wiltsey Lane Feasibility Report 1. EXECUTIVE SUMMARY The City Council of Shorewood authorized the preparation of a Feasibility Report for the improvement of Wiltsey Lane. The Feasibility Report outlines the proposed improvement project which consists of approximately 520 linear feet (l.f.) of city street. Improvements include subgrade correction as necessary, regrading, and the placement of bituminous pavement. The surface water drainage will also be reviewed to ensure that no drainage problems will exist once the project is completed. The estimated project cost is $44,344, which includes 20% indirect costs for this project. Funding for the project could be provided by one of two options. Option 1 involves assessing 100 % of the roadway costs to the benefiting properties. Option 2 involves assessing 50% of the roadway costs to the benefiting properties, with the remaining portion of the project costs funded from the Local Roadway Funds. Under current practice, Option 1 has been the current practice by the City Council. The most recent of this type of project was the Church Road reconstruction project. The proposed improvements can be completed, including the final lift of bituminous, and all of the restoration items in the 1998 construction season. The assessment hearing, if necessary, is proposed to be held in 1998 following the completion of the construction. This project is feasible and cost - effective from an engineering standpoint and, if so ordered by the City Council, should be constructed as proposed herein. 2. AUTHORIZATION - In May, 1998 WSB and Associates, Inc. was commissioned to obtain survey data and to prepare an opinion of probable costs for the bituminous paving of Wiltsey Lane. This report is in response a petition received from adjacent homeowners to improve the existing gravel roadway. 3. PROJECT LOCATION Wiltsey Lane is an existing cul -de -sac approximately 520 lineal feet in length and is located immediately north of State Trunk Highway 7 and east of Pleasant Avenue. (refer to Figure 1). 4. DATA UTILIZED In preparation of this report, survey data was collected in the field by WSB and Associates, Inc. for the basis of preliminary design, and estimation of probable costs. Wiltsey Lane Feasibility Report 4 Spray — — Island Lake Minnetonka Upper Lake Howard Point � m 'INE ? PA00 o �V y v CA. CES vv ? Cl, CR ESTvTEW DR, MAP G LEN PA W CIR V Y 95. DR. o a�° T11GN ¢STRATFORD R23W s 5 RIDGE 7 8 STRATFORD LA 77 KINGS \1 RD. i 4 ., /eke ` `SL = lV• > p �1 J4 kA I � CUFF JPNxt OUGV' l w o1 h 'Z; 1 E.. rGA' 2 L 1 Crescent C ; City Beach / WIL ONURST Halt r \ Q 9 W A J RD. I = .o AVE ' gLUff s v A. CRABAPPLE L w� l Gideon So RD. u Pa 7 WOO OLAWN AVE. gU f PLEASANT PL. e- \ gt • {y0 W Y 9 O G \ \N 0 DUCK Froc < " % � Z o�, _Z � Island Islan ° o ORCHARD CIR. RD. 3 � WEDCE OR. ATE p \y \OGE CIR. Q . J J ¢° Q-• A O �7REfJTW000 AVE, �b 2 > VALLEY WO 00 R0. e < i A Z MLEE RD. I9 p >P NELSINE RD. by SUNNY VALE OR, z GLEN R0. iD o p ; < R CA, WILD ROSE a LA. LA- x o < w .-. /,� w J tq t o /1 ° .a-+ w w HARIOINC ° ,J, O op z i o AV STAR CIR, < 8 a RO• GILLET n i SMITMTOW City CLOVER MCLAI CV. °o F'!C�t ¢° LA. 3 sMtrHrOWN z ECHO E, 00 N LA. ,d BERRY Cr. G`P m w a J OO 0 ¢ w �;N ¢ CT = MAPLE m m= j. AVE. w000 OAK OR. SHOfLf- OAK LEAF TR. ST. \ -`I\ f L� 7 $ MapCE� a s o w m ¢ W O° U 4� q a w SNaRE �iNK'/ rc w OR. o Lake Minnewashm A Cedar P oini ro C EDAR Tl a � m a MANN LA. U w ,. •r \ p < ° °c o Lace TA• o ¢f D � • r ° ul z S r ON R0. BLUE W a 3 ° Linden 2 J 0 GE �A sQ�' Al v BEVERLY OR. O � J Minnewashfai `> WQ ;E LA. \ 1 W. CAR W >STEA �Q. ? PA00 o �V y v CA. CES vv ? Cl, CR ESTvTEW DR, MAP G LEN PA W CIR V Y 95. DR. o a�° T11GN ¢STRATFORD R23W s 5 RIDGE 7 8 STRATFORD LA 77 KINGS \1 RD. i 4 ., /eke ` `SL = lV• > p �1 J4 kA I � CUFF JPNxt OUGV' l w o1 h 'Z; 1 E.. rGA' 2 L 1 Crescent C ; City Beach / WIL ONURST Halt r \ Q 9 W A J RD. I = .o AVE ' gLUff s v A. CRABAPPLE L w� l Gideon So RD. u Pa 7 WOO OLAWN AVE. gU f PLEASANT PL. e- \ gt • {y0 W Y 9 O G \ \N 0 DUCK Froc < " % � Z o�, _Z � Island Islan ° o ORCHARD CIR. RD. 3 � WEDCE OR. ATE p \y \OGE CIR. Q . J J ¢° Q-• A O �7REfJTW000 AVE, �b 2 > VALLEY WO 00 R0. e < i A Z MLEE RD. I9 p >P NELSINE RD. by SUNNY VALE OR, z GLEN R0. iD o p ; < R CA, WILD ROSE a LA. LA- x o < w .-. /,� w J tq t o /1 ° .a-+ w w HARIOINC ° ,J, O op z i o AV STAR CIR, < 8 a RO• GILLET n i SMITMTOW City CLOVER MCLAI CV. °o F'!C�t ¢° LA. 3 sMtrHrOWN z ECHO E, 00 N LA. ,d BERRY Cr. G`P m w a J OO 0 ¢ w �;N ¢ CT = MAPLE m m= j. AVE. w000 OAK OR. SHOfLf- OAK LEAF TR. ST. \ -`I\ f L� 7 $ MapCE� a s o w m ¢ W O° U 4� q a w SNaRE �iNK'/ rc w OR. o Lake Minnewashm A Cedar P oini ro C EDAR Tl a � m TA• y MANN LA. U w ,. ✓ RIDGE POINT Q O2�a L'!- CIR. Man' 9 / < ° °c o Lace TA• o ¢f p J r (nom ,IELLOW STp� 2 Lake W R2 ul z S a > s` W a 3 ° Linden 2 2 � 7 � �A sQ�' , W j T11 uwi s � J C� OR • `> WQ WILrSEY DR. AVE.. SAND '° PLpEA Al0`p. a z Project W Location WSS Projed No. 2017.00 Date. June 3, 1 1/YSB 35 � �� B Whiltsey Lane Minneapolis, MN 812-641 Figure 1 & "rASTRUCTU RE - ENGINEERS - F PLANNE 00 INFR City of Shorewood, Minnesota ASTRUCTU PLANNERS , EOGEW000 " I TI ITN 123W 3029 NOBLE 31132 SHOREWOOD 1990 POP. 5.913 RD. t; \2017.00 \Ca0\f 19- 01.dQn Wiltsey Lane Improvements NEW SA ITART SEVER ERVICE AD 1 C \ _ - � t OWING P�EwENT - ' RE K CIAVERf \� &I NEE CDNCRETE1AIL Rf �� "•' _/ BILTSEV LANE 0.O2'1' II•{ BEARING COURSE PAVELENt 2' BASE COURSE PAVENENt 9' AGGREGATE BASE 12' COMPACTED SUBCUf x 0 xs So - ]SO Wed lala 016 WSB "`"'�"" S'" Wiltsey Lane MB N*d RO 101700 A A� Ac rfa wFmO WsIwTRUCTVRE - EN" RO - PW.IERB City of Shorewood, Minnesota Figure 2 • I • 5. BACKGROUND INFORMATION 5.1 Existing Conditions The existing roadway varies in width from 18' to 20' wide, with a cul -de -sac radius of approximately 30'. Several mature trees existing on the north side of the roadway. The south side of the right of way is contiguous with the Minnesota Department of Transportation right of way for Trunk Highway 7. Six parcels of land are adjacent the north right of way line of Wiltsey Lane. The property located in the northeast quadrant of Pleasant Avenue and Wiltsey Lane intersection fronts off Pleasant Avenue. Since the residence fronts off Pleasant Avenue, and does not appear to receive much benefit from this project, this parcel has not been included in the calculations for assessment. • 6. PROPOSED IMPROVMENTS The proposal prepared for this report includes reconstruction of Wiltsey Lane and are considered preliminary in nature. This design may be modified during final design to address any issues discovered during the design process. 6.1 Street The proposed street improvement includes the construction of approximately 520 linear feet of 22' wide edge to edge rural street section with a cul -de -sac on the east end of the project (refer to figure 2). The proposed street section will be constructed to a pavement section of four inches (4 ") of bituminous pavements and nine inches (9 ") of Class 5 aggregate. It is anticipated that most of the existing aggregate base will be excavated, regraded, and recompacted. Areas deficient of a full section or sufficient subgrade strength will have Class 5 base added. In addition, a subgrade tile line will be installed to promote subgrade drainage, thus minimizing damage due to frost heaves. The current street alignment will be maintained. The roadway will be widened slightly to accommodate a minimum street width of 22 feet. No additional right of way or easements are anticipated to construct the improvements to Wiltsey Lane. 6.2 Sanitary Sewer The original installation of sanitary sewer had included services for 2 lots within the CuI -de -sac area. Since that time a lot split was approved known as the GWK 2 "d Addition. (refer to Figure 3). At the time of the lot split, the additional sanitary sewer service was not installed, as the parcels had not been built upon. It is recommended that this additional service be installed Wiltsey Lane Feasibility Report 5 IAA: w I I iw; Yu PI OF 4- 0 60 25 • un - L L V .A ti 17 M 171.32 E W. OF [Pil 55 9A�Hv QN SL IN J'ST C1 NO '64-v.) 537*41*W 158.21 332.98 ......... ... S87'41'30'W 5 JLLJ (7 c� cx_ J / /( \ \ 6 6 r 240.8 'N 7 x (9) CP m-N W B7 7'06 4 (6) 3 17)) 8d) 6 19 . . . . .. . ................... LA TAFT 14")- -7 -, - ----------- 61 4nRFAj)( 7 City of Shorewood, Minnesota I 16) 11 - 20) , I?. lb. 75 Wiltsey Lane • • li� ' 0 / J�' . 16': IRD RD 4 A 14) S85 - D.% A- I 19DI Figure 3 as part of this project to insure the future integrity of the finished roadway surface. It is estimated that the installation of this service would cost approximately $1,750. In addition, it is recommended that the existing sanitary sewer main be televised to investigate any potential problems with the sewer main prior to placement of the finished road surface. Costs for televising are estimated at $500. Both of these costs have been separated from the road project costs and would be funded through the City's sanitary sewer fund. 6.3 Watermain Currently, the residents adjacent to Wiltsey Lane are served by their own private wells. At this time, there are no plans for any extensions of the municipal water system. 6.4 Permits / Approvals The current aggregate surface can be considered relatively impervious. With this in mind and the fact that the roadway surface area will increase only slightly, it is stars opinion that the runoff rate will not increase significantly from its present rate. Also, the water quality of the runoff should increase with a paved surface since the fines contained within. aggregate base should no longer be washed away. Surface runoff from the project will receive some treatment when draining through the ditches. Therefore, onsite ponding should not be required from the watershed district. Minnehaha Creek Watershed District is the governing body for surface runoff. The project will be submitted to the watershed district for review and approval. A permit may be necessary from the watershed district since the surface is being upgraded to a paved surface. In addition, due to its close proximity with TH 7, it is recommended that the appropriate Mn/DOT officials be notified of the project for informational purposes. 6.5 Right -of -Way / Easements No additional right -of -way and/or easements are anticipated to be acquired on this project. All of the proposed facilities and improvements are located within existing street rights -of -way or existing easements. 7. FINANCING 7.1 Opinion of Probable Cost A detailed Opinion of Probable Cost can be found in the appendix of this report. This opinion incorporates 1998 construction costs and includes a 5% contingency factor and all related indirect costs. The indirect costs are estimated at 20% and include legal, engineering, administrative and financing items. Wiltsey Lane Feasibility Report 6 7.2 Funding The total project cost is estimated to be $44,344 with $2,250 being funded Through the sanitary sewer general fund to pay for the new sanitary sewer service and televising. The remaining project balance of $42,094, will be funded through either special assessments, or a combination of the City's Local Roadway Funds and special assessments. The following is a brief description, along with funding alternatives for both funding options. Option 1: Funding for Option 1 considers all of Wiltsey Lane will be assessed against the benefiting properties on a per lot basis, with only the sanitary sewer service and line televising being funded through the General Sewer Fund. This option assumes that only the abutting properties will be benefiting from this improvement, and therefore will be responsible to fund the roadway portion of the project. OPTION 1 Funding for Total Cost Minus Sewer Service Costs Funding Summary Item Total Project Total Project Costs Less Funding Source Costs Sewer Service Special Assessments General Sewer Fund $42,094 $2,250 Street Total $44,344 $42,094 Wiltsey Lane Special Assessments $42,094 = 5 lots = $8,419 per lot • Wiltsey Lane Feasibility Report 7 Option 2: Funding for Option 2 considers half of the roadway costs will be assessed against the benefiting properties on a per lot basis, with the remaining portion of the project to be funded by the City's Local Roadway Fund. This option assumes that the north half of the roadway frontage is attributable to the benefiting properties. The other half of the roadway frontage is adjacent State Trunk Highway 7. Therefore, roadway costs would be divided equally between assessments and the City's Local Roadway Fund. • OPTION 2 Funding for Total Cost Minus Sewer Service Costs Funding Summary Funding Source Total Total Project Local General Project Costs Less Special Roadway Sewer Item Cost Sewer Service Assessments Fund Fund Street Total $44,344 $42,094 $21,047 $21,047 $2,250 Wiltsey Lane Special Assessments $21,047 - 5 lots = $4,209 per lot Under either option, if the project moves forward, the assessment can be levied against a property for a period of 10 to 15 years, as the City Council desires. Option 3: Option 3 is the "Do nothing alternative." This option depends upon the willingness of the petitioners to move forward with the project based upon the projected costs. iiltsey Lane Feasibility Report 8 8. FEASIBILITY AND RECOMMENDATION The improvement to Wiltsey Lane consists of approximately 520 feet of roadway reconstruction from a gravel roadway to a bituminous paved surface with minor sanitary sewer adjustments. By paving Wiltsey Lane, the City would recognize lower annual maintenance costs by eliminating general roadway grading, in addition to providing a paved surface which will aid in the melting of ice and snow during the winter months. It is the recommendation of City staff that this city project is feasible from a financial and technical standpoint. Also, it is suggested that this project be tied into another City project, similar in type, which could provide an opportunity for lower unit construction prices which area typically lower on larger projects. We recommend construction of the proposed improvements as detailed in this report and would recommend Option 1 as a mechanism for the financing of this proposed improvement. This option for funding is consistent with the City's practice in the past. Wiltsey Lane Feasibility Report E • ENGINEER'S OPINION OF PROBABLE COST By: TJG Wiltsey Lane Improvements Ck'd By: DWS Date: 26- May -98 ITEM DESCRIPTION UNIT UNIT PRICE ESTIMATED QUANTITY ESTIMATED COST MOBILIZATION LS $2,500.00 1 $2,500.00 REMOVE CULVERT FT $6.50 35 $227.50 SAWING BIT, PAVEMENT FT $5.00 60 $300.00 REMOVE PAVEMENT SQ FT $2.00 200 $400.00 COMMON EXCAVATION CU YD $6.00 350 $2,100.00 SUBGRADE EXCAVATION CU YD $6.00 400 $2,400.00 SELECT GRANULAR BORROW CU YD $9.50 450 $4,275.00 AGGREGATE BASE CLASS 5 CU YD $12.00 400 $4,800.00 TYPE 41 WEARING COURSE TON $32.00 150 $4,800.00 TYPE 31 BASE COURSE TON $30.00 230 $6,900.00 STORM SEWER CULVERT FT $30.00 35 $1,050.00 TELEVISING SANITARY SEWER FT $0.80 510 $408.00 INSTALL SEWER SERVICE LUMP SUM $1,759.00 1 $1,759.00 TRAFFIC CONTROL LS $500.00 1 $500.00 SIGNING SQ FT $25.00 25 $625.00 SEEDING ACRE $1,500.00 0.5 $750.00 SODDING SQ YD $3.50 400 $1,400.00 SUBTOTAL $35,194.60 CONTINGENCY 5% $1,759.50 INDIRECT COSTS 20% $7,390.00 TOTAL $44,34x.10 1t CITY OF SHOREWOOD 5755 FAX COUNTRY 474-0128 ROAD ww SORE WOOD, MIN •ESOtTA�553 st(612)474 -3236 TO: Mayor and Councilmembers p FROM: Al Rolek, Finance Director C DATE: July 23, 1998 RE: Agenda Item 10, Authorizing the Execution of a Lease Agreement with Shorewood Village Shopping Center, Inc. for Municipal Liquor Store Included in the packet is a copy of the proposed lease agreement with Shorewood Village Shopping Center, Inc. for the municipal liquor store. The lease agreement is for a five year period starting retroactively to January 1, 1997 and running through December 31, 2001. You have reviewed and discussed the lease agreement in a work session held in late June. The comments and suggestions from that session have been negotiated and incorporated into the current draft agreement. The document has ans managers reviewed of then by Attorney t e and s t a ff and has been discussed with the property g managers have been necessary technical and substantive corrections. The property mans g cooperative in making the necessary changes. The landlord would like to execute the lease to secure financing for renovation of the shopping center. The annual rent for the term of the lease is listed on Exhibit D of the document. The rent is scheduled to increase $1.00 per square foot annually from $6.00 in 1997 to $10.00 in 2001. In addition, the City will pay its pro rata share of common area maintenance and real estate taxes. In the event that the shopping center is renovated, the rent will increase not to exceed $665 per month. I have included a pro forma showing the affect of the base rent increases and the additional rent, if any, on the operation over the term of the lease. The agreement gives the City the right to terminate early with a four month written notice if the City discontinues its entire liquor operation. This is less than the six month notice stipulated in an earlier draft of the agreement. It is my opinion that this gives the City adequate protection in the future in the event that it must close its operations. The terms of the lease appear to be customary and in order, and the rents are consistent with the market for a shopping center of this kind in this area. Please feel free to call me prior to the meeting if you have any questions or if you would like more information. r =` PRINTED ON RECYCLED PAPER MEMO 1, Shorewood Plaza Liquor Store Projected Income Statements 1998 -2001 7/22/98 1998 1999 2000 2001 1996 1997 Budget Projected Projected Projected Sales 713,620 783,143 845,000 895,700 949,442 1,006,409 Less: COGS (574,150) (621,815) (663,325) (703,125) (745,312) (790,031) Gross Profit 139,470 161,328 181,675 192,576 204,130 216,378 Expenses Personnel 60,754 64,650 73,500 80,613 85,450 90,577 Supplies 3,401 4,693 4,500 4,600 4,700 4,800 Services (1) 14,592 14,690 16,000 16,200 16,400 16,600 Charges (2) 7,715 8,386 8,000 8,500 9,000 9,500 Rent & CAM 31,294 40,734 43,000 47,370 51,824 56,291 Depreciation 2,588 2,520 3,000 3,000 3,000 3,000 •otal Expenses 120,344 135,673 148,000 160,283 170,373 180,768 Operating Income /(Loss) 19,126 25,655 33,675 32,293 33,757 35,610 Nonoperating Revenue/ (Expense) 3,017 5,187 4,500 4,500 4,500 4,500 0 1) includes audit services, insurance, utilities & other fees (2) includes advertising, licensing, credit card & other fees 1998 1996 1997 Sales Escalator n/a 9.74% Gross Profit % 19.54% 20.60% Rent/sq ft (3990 sf) $7.75 $6.00 CAM ® 3% incr $0 $15,126 1998 1999 2000 Budget Projected Projected 7.90% 6.00% 6.00% 21.50% 21.50% 21.50% $7.00 $8.00 $9.00 $15,000 $15,450 $15,914 2001 Projected 6.00% 21.50% $10.00 $16,391 . Net Income /(Loss) 22,143 30,842 38,175 36,793 38,257 40,110 v� ' v RETAIL LEASE AGREEMEENT BY AND BETWEEN SHOREWOOD VILLAGE SHOPPING CENJI-E.R.—IN.C. CITY OF SHOREN—O-Q—D ` TABLE OF CONTENTS ....._........... l ARTICLE I LEASE SCHEDULE ........... 1-2 ARTICLE D RENT, OPERATING EXPBNSE3, SECURITY DEPOSIT, REAL ESTATE TAXES ......................................''''''''.'..'.'.''...' 2.01 D�IyJ��\�MlD�� ......................................'..'..''.'''...''''...'.'''.....'... - - 2 .02 LEASE YEAR . ............'.'.''.'.'..'''''.''''.''..'...''''''.''.''''.''.'..'''''.'''''.. - 2.03 PERCENTAGE I8��T. .................................''.'''...'..''''''''..''''''''''..''' - o . AMOUNT . .....................''.''.'''''...'''..'''''.'''.'''''..''''''''''.'' '''.' 6` SALES REPORTS ........................................................... 4 C. DEFINITION OF GROSS SALES . .......................'....'''''..'''''''.'''''''' d. RECORDS AND BOOKS . .................................'...''''..'.'''''''.''''' ' n. INSPECTION AND AUDIT . ................................'.........'..'..'..'..'. ' f. CONFIDENTIAL INFORMATION . '..'....''''..'''''''''''''''''''''''''''''''''''' - _ Q . RADIUS ......................................................................... 5 h. PERCENTAGE RENT AFTER ADEFAULT . '.'.....''.'..'''''''''''''''''''''''''''' I. RELATIONSHIP OF THE PARTIES . .....'....''....'.......'..''.'...'.'.''''''''''. ~ 2.04 OPERATING EXPENSES . ................'..'....'..'''''''''''''''''''''''''''''''''''''''' - 2.05 SECURITY DEPOSIT ........................................................................ - ` 2.06 REAL ESTATE TAXES AND ''....'..''''''''''''''''''''''''''''''''''''''''' 2.07 ADDITIONAL RENT . ..............'.'....'.'......'......'''''''''''''''''''''''''''''''''' 40 2.08 ND OFFSET . .'''..'...'.''''''''''''''''''..........'.'''''''''''''''''''''''''''''''''''' FEE ' 2.09 ' ..............'........''.'.'.'...'..'''''''''''''-'''''''''''''''''' 7 ARTICLE III DEFINITIONS .............'......'.....'....'..'..'.............''.......... ............. 7 3'01 COMMON AREA ..........'.......'........'...................'...'....'..'.'.'...'..'.'' 7 3.02 EXPIRATION DATE . .................''..............'......'.''.'''''''''''''''''''''''''' ' 318 FORCEMA}B%JR2 ........................'.'.......................'.....'..'''''''''''''' 3.04 INSURANCE REQUIREMENTS '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''. - 31D V�O}0�.......�............'.........''.'''�'''''''''''''''''''''''''''''''''' ^~~~~�~'-'- - 8 3.06 MORTGAGE ......................'........'.''''....'.'''''''''''''''.'.'.''.''''''''. ..� 3.07 ~^~^ -^-'--- '' ...............�...�.....__.....�........._._........_...__................ _ 8 0 PARKING AREA ........'.......'.....'........'.'.'...'.''''''''''''''''''''''''''''''.''' 31 /� . - 3.09 PERSON . . . . .. . . ....''. '' ..' ''' ' '''' ' ' ' ''''''' ''' '' ' ' ' ' '' ' ' ' ''''' ' ''''' ' ' '''' ' ' ' ' '''' ' ''' '' 3 ' lO �B��I��I�^SB/QQ� . . . . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . ' � ' ' ' ' � ' ' ' ' � '' ' ' ' ' ' ' ' ' ' ' ' ' ' ' � ' ' ' ' ' ' ' ' ' ' - 8 3 .11 REPAIR .....''.......................'....'.''''''.'''''''''''.''''''''''''''''''.'''' .... 3.12 TENANTS AGENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ' ' ' ' . ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' -' ' ' ' ' ' ' ' ' ' ' ~ M Pase ARTICLE IV CONSTRUCTION OF THE DEMISED PREMISES; EFFECTIVE DATE .......... :.................... 8 4.01 LANDLORD'S OBLIGATION TO CONSTRUCT . .................. ............................... 8 4.02 DELIVERY OF POSSESSION ................................... ............................... 9 4.03 TENANTS WORK . .................................. . ......... I........ I.................... 9 4.04 ACCEPTANCE OF POSSESSION ................................ ............................... 9 ................. ............................... 4.05 ARBITRATION. ............................ 9 ARTICLE V EFFECTIVE DATE; MEMORANDUM OF LEASE .................. ............................... 9 5.01 EFFECTIVE DATE OF LEASE .............. .......... ............................... 9 5.02 SHORT FORM LEASE ........................................ ............................... 10 ARTICLE VI CONDITION OF PREMISES, ALTERATIONS, SIGNS ............. ............................... 10 • 6.01 NO REPRESENTATIONS, ETC . ............................... ............................... 10 6.02 ALTERATIONS. 10 6.03 MECHANIC'S LIENS ......................................... ............................... 10 6.04 SIGNS . .................................................... ............................... 10 6.05 INSURANCE COVERING TENANT'S WORK . ................... ............................... 10 ARTICLE VII REPAIRS, COMPLIANCE, SURRENDER ....................... ............................... 11 7.01 REPAIRS BY LANDLORD . ................................... ............................... 11 7.02 REPAIRS AND MAINTENANCE BY TENANT . .................. ............................... 11 7.03 APPROVAL BY LANDLORD OF REPAIRS . ..................... ............................... 11 11 7.04 COMPLIANCE .............................................. ............................... 11 7.05 ELECTRICAL LINES ......................................... ............................... 11 7.06 EMERGENCY REPAIRS ...................................... ............................... 11 7.07 SURRENDER OF PREMISES .................... ............................... ............ ARTICLE VIII SERVICES AND UTILITIES ................................. ............................... 12 8.01 UTILITIES .................................................. ...................... 12 ......... 8.02 METERS. 12 ARTICLE IX USE AND OPERATION ...................................... ............................... 12 9.01 USE . ...................................................... ............................... 12 9.02 CONTINUOUS OPERATION . ................................. ............................... 12 9.03 STORE OPERATIONS ........................................ ............................... 12 9.04 RESTRICTIONS ON TENANTS ACTIVITIES AT SHOPPING CENTER .............................. 13 9.05 INSURANCE RATE ............................................................... ......I... 14 9.06 RESTRICTIONS ON OTHER STORES ........................... ............................... 14 Pape ARTICLE X TRANSFER OF INTEREST, PRIORITY OF LIEN ................ 14 10.01 ASSIGNMENT OR SUBLEASE BY TENANT . ................... ............................... 14 a. SUBLEASE ............................................ ............................... 14 b. ASSIGNMENT ......................................... ............................... 14 10.02 SUBORDINATION . ......................................... ............................... 15 10.03 ATTORNMENT ............................................. ............................... 16 10.04 TRANSFER OF LANDLORD'S INTEREST ....................... ............................... 16 10.05 MORTGAGEE'S RIGHTS ..................................... ............................... 16 ARTICLE XI COMMON AREA AND SHOPPING CENTER .................... ............................... 16 11.01 USE OF COMMON AREAS ................................... ............................... 16 11.02 LANDLORD'S RIGHTS ...................................... ............................... 16 11.03 LICENSE NUMBERS ........................................ ............................... i 11.04 LANDLORD'S OBLIGATION WITH RESPECT TO PARKING AREA ............................... 1 11.05 PROMOTION; MERCHANTS ASSOCIATION ................... ............................... 17 11.06 ADVERTISING ............................................. ............................... 17 ARTICLE XII DESTRUCTION AND FIRE INSURANCE ....................... ............................... 17 12.01 RENT ABATEMENT ........................................ ............................... 17 12.02 OPTION TO CANCEL . ...................................... ............................... 18 12.03 OBLIGATION TO REBUILD . ................................ ............................... 18 12.04 WAIVER OF SUBROGATION . ............................... ............................... 18 12.05 RIGHTS OF MORTGAGEE ................................... ............................... 18 ARTICLE XIII CONDEMNATION ......................................... ............................... 18 13.01 DEFINITIONS .............................................. ............................... 18 a. AWARD ......................................... ............................... 18 b. TAKING ......................................... ............................... 18 C. TAKING DATE .... ............................... 1 13.02 TOTAL OR SUBSTANTIAL TAKING OF DEMISED PREMISES . ... ............................... 1 13.03 ABATEMENT AND RESTORATION . .......................... ............................... 18 13.04 TAKING FOR TEMPORARY USE .............................. ............................... 19 13.05 DISPOSITION OF AWARDS .................................. ............................... 19 ARTICLE XIV INDEMNITY AND LIABILITY ............................... ............................... 19 14.01 INDEMNIFICATION . ....................................... ............................... 19 14.02 RELEASE OF LANDLORD ................................... ............................... 19 14.03 TENANTS INSURANCE ..................................... ............................... 19 14.04 PLATE GLASS INSURANCE . ................................ ............................... 20 14.05 GENERAL PROVISIONS WITH RESPECT TO INSURANCE ....... ............................... 20 14.06 INABILITY TO PERFORM ................................... ............................... 20 14.07 BROKERAGE .............................................. ............................... 20 ARTICLE XV COVENANT OF QUIET ENJOYMENT ......................... ............................... 20 Page ARTICLE XVI DEFAULTS; REMEDIES ..................................... ............................... 21 16.01 DEFAULTS ............................................ ............................... ... 21 16.02 REMEDIES ................................................ ............................... 21 16.03 DEFAULT BY LANDLORD . ................................. ............................... 23 16.04 LANDLORD'S RIGHT TO PERFORM FOR ACCOUNT OF TENANT . .............................. 23 16.05 ADDITIONAL REMEDIES, WAIVERS, ETC . ................... ............................... 23 ARTICLE XVII TENANT INFORMATION .................................. ............................... 24 17.01 TENANT'S CERTIFICATE . .................................. ............................... 24 17.02 FINANCIAL INFORMATION ................................. ............................... 24 17.03 CONFIDENTIAL INFORMATION ............................. ............................... 24 ARTICLE XVIII RIGHT OF ACCESS ....................................... ............................... 24 18.01 ENTRY . ............. ................................... ............................... 24 18.02 EASEMENT FOR PIPES . .................................... ............................... 25 ARTICLE XIX INTERPRETATION; NOTICES; MISCELLANEOUS ............. ............................... 25 19.01 INTERPRETATION . ........................................ ............................... 25 19.02 COMMUNICATIONS ......................... ............................... .............. 25 19.03 SUCCESSORS AND ASSIGNS ................................ ............................... 25 19.04 RESPONSIBILITY OF TENANT ............................... ............................... 25 19.05 LIABILITY OF LANDLORD .................................. ............................... 26 19.06 GOVERNING LAW . ........................................ ............................... 26 19.07 GUARANTY ............................................... ............................... 26 19.08 EXECUTION AND DELIVERY REQUIRED ...................... ............................... 26 The submission of this document for examination does not constitute an option or offer to lease space at the property. This document shall have not binding effect on the parties unless executed by the landlord and the tenant and a fully executed copy • is delivered to the tenant. SHOPPING CENTER LEASE THIS LEASE dated July 17, 1998, is by and between Shorewood Village Shopping Center. Inc. ( "Landlord ") and City of Shorewood a Minnesota municipal corporation ( "Tenant "). In consideration of the mutual promises and covenants contained herein, Landlord and Tenant hereby agree with each other as follows: ARTICLE I LEASE SCHEDULE The following provisions and definitions shall be applicable to this Lease: 1.01 DEMISED PREMISES. That portion of the Shopping Center (defined herein) situated as set forth on Exhibit A , containing approximately 3.990 square feet including any alterations, additions or repairs made thereto. 1.02 TERM. The Term of this Lease shall begin on the Commencement Date, and shall end on the Expiration Date (herein the "Term "), unless terminated earlier as provided herein. 1.03 COMMENCEMENT DATE. The date upon which the Term of this Lease begins is referred to as the "Commencement Date" and shall be retroactive to January l. 1997 1.04 EXPIRATION DATE. if 8te G ammeneentent D L f i rst d ..L amealendar month then the 4ay preeeding the of the GowAnetteement Date; e4iterwise, the amiyersary of the last da� The termination date shall be December 31, 2001. (See Section 3.02) 1.05 RENT. a. MINIMUM RENT. Minimum Rent shall be payable at the annual rate of See Exhibit D Dollars ($ See Exhibit D ) in equal monthly installments of See Exhibit D Dollars ($ See Exhibit D ) per month. (See Section 2.01) b. PERCENTAGE RENT. N/A % (the "Percentage Rent Rate ") of gross sales in excess of $ NIA (the 'Break Point ") per Lease Year, during the Term. (See Section 2.03) 1.06 SECURITY DEPOSIT. $ N/A (See Section 2.05) 1.07 TENANTS GUARANTOR(S). N/A (See Section 19.07) 1.08 USE. a. PERMITTED USES. Tenant shall use the Demises Premises solely for the purpose of conducting and operating the business of retail municipal liquor store (See Section 9.01) b. TENANTS BUSINESS NAME. Shorewood Liquor (See Section 9.02) C. RADIUS. n/a . (See Section 9.06) 1.09 SHOPPING CENTER Shorewood Village Shopping g enter located at 23730 Highway 7. Shorewood 55331 State of Minnesota and consisting of the property legally described on Exhibit B . 1.10 BROKER. Towle Real Estate Company . (See Section 14.07) 1.11 NOTICE ADDRESSES. a. LANDLORD'S NOTICE Shorewood Village Shopping �Center Inc. ADDRESS: c/o Towle Real Estate Companv 330 Second Avenue South. Suite 800 Minneapolis. MN 55401 b. TENANTS NOTICE ADDRESS: Shorewood Liquor Shorewood Village Shopping Center 2 730 i hway 7 Shorewood, MN 55331 (See Section 19.02) 1.12 PRO RATA SHARE. A percentage as defined in Section 3.10. (See Section 3.10) 1.13 LIST OF EXHIBITS. The following Exhibits are attached to and made a part of this Lease: A - Site Plan B - Legal Description C - Landlord's Work D - Other Provisions 2 ARTICLE II RENT, OPERATING EXPENSES, SECURITY DEPOSIT, REAL ESTATE TAXES 2.01 MINIMUM RENT. a. The annual rate of Minimum Rent shall be as set forth in subsection 1.05(a). Tenant hereby covenants and agrees to pay the Minimum Rent. Minimum Rent shall be paid in equal consecutive monthly installments of one - twelfth (1/12) of such annual rate. The fast monthly installment shall be due on the Commencement Date, except that any payment made pursuant to Section 2.01(b) shall be applied to such first month's Minimum Rent. Each subsequent installment shall be due on the first day of each month during the Tenn of this Lease next ensuing after the Commencement Date. If the Commencement Date is not the first day of any month, Minimum Rent for the first month of the Term shall be one - thirtieth of a monthly rent installment for each day of the period from the Commencement Date to the last day of the month in which the Commencement Date occurs. If the Expiration Date shall not be the last day of a month, Minimum Rent for the month in which the Expiration Date occurs shall be one - thirtieth of a monthly rent installment for each day of the period from the first day of that month to the Expiration Date. Minimum Rent shall be paid without notice or demand, and shall be paid to Landlord without any deduction, offset, counterclaim or reduction whatsoever, at the office of Towle Real Estate Company, Special Deposit Services, Box 11 -0071, Minneapolis, Minnesota 55486 or at an address designated by Landlord from time to time. b. Upon the execution of this Lease Tenant shall pay Landlord an amount equal to one month's Minimum RJO Such amount shall be held by Landlord, without interest, pending the completion of Landlord's Work and Tenant's Work, if any, and shall be applied on the Commencement Date to the first month's Minimum Rent due under this Lease. 2.02 LEASE YEAR. The first Lease Year shall commence on the Commencement Date or, if the Commencement Date is not the first day of a month, then on the first day of the first month following the Commencement Date. Each Lease Year other than the first Lease Year shall commence on the date next following the expiration of the previous Lease Year and shall continue for a period of one (1) full year therefrom except the last Lease Year, which shall end on the Expiration Date. 2.03 PERCENTAGE RENT. • 1,� 1 _ _ _ k FWWW MR.F.WnI S 7 S _ Y_ • . _ _ _ _ _ _ _ _ _ 1 _ _ • _ _ _ _ _ • 1,� 1 _ _ _ k FWWW MR.F.WnI S 7 2.04 OPERATING EXPENSES. a. Each month during the Tema of this Lease and any extension or renewal hereof, Tenant shall pay in advanAe together with payment of Minimum Rent, one - twelfth (1/12) of Tenant's Pro Rata Share of all annual "Operating Expenses ", as defined herein. Within ninety (90) days of the end of each calendar year (or as soon thereafter as reasonably possible) during the term of this Lease or any extensions or renewals hereof, Landlord shall furnish to Tenant a certificate of the actual above enumerated costs incurred by Landlord during the preceding calendar year, at which time an appropriate adjustment will be made between Landlord and Tenant if such certified figures differ from the estimated payment made by Tenant throughout the preceding calendar year. b. The term "Operating Expenses" is defined to mean and include all costs and expenses necessary, reasonable or appropriate, as determined by Landlord, incurred by Landlord or its managing agent in operating, owning, managing, equipping, policing, protecting, lighting, repairing, replacing and maintaining the Shopping Center, the building and structures, the roof, structural components and Common Areas. Such costs and expenses shall include, but not be limited to: maintaining the mall area (if any) and other Common Areas; cleaning; fire protection; snow, ice and trash removal; striping and restriping and sealing; resurfacing or replacing of the Parking Areas; costs and expenses of planting, cutting, trimming, replanting and replacing lawns, flowers and landscaping; all signs including traffic control and identification signs; water and sewage charges; 5 costs of heating and air conditioning, electricity and other utilities; premiums for liability, property damage, loss of rents, fire and workmen's compensation insurance; wages; unemployment taxes; social security taxes; personal property taxes; all supplies; management fees; attorney's and accountant's fees incurred for services relating to the operation or management of the Shopping Center, or the Common Areas; engineer's fees; fees for required licenses and permits; supplies; operation of loud speakers, public address systems and other equipment supplying music or sound to the Common Areas; and all other costs of operation of the Shopping Center including any portion of capital expenditures or improvements made to the Shopping Center that shall be amortized in any given year. Provided, however, Operating Expenses shall not include payments of principal and interest on any mortgages or other encumbrances on the Shopping Center. C. If the first month of the Term of this Lease consists of less than a full calendar month, then the installment of Operating Expenses shall be apportioned for the number of days that occur during the Term. 2.05 SECURITY DEPOSIT. •\LRf�1RR�f� \�f� �R•��N) \�'�Il\ \��f. \•lam \ \�I1��1�1 \ \ \R�l� \� \tw 2.06 REAL ESTATE TAXES AND ASSESSMENTS. Tenant shall, each year during the Term of this Lease or any extensions or renewals thereof, pay its Pro Rata Share of the amount, if any, of the general real estate taxes and installments of special assessments due and payable with respect to the Shopping Center in such year. Such payment by Tenant shall be paid in equal monthly installments representing 1/12 of the taxes and installments of special assessments due and payable in any such year, provided that upon Landlord's receipt of the tax statement for any tax year, Landlord shall send to Tenant a statement for, and Tenant shall promptly pay, any amount due for any monthly periods occurring within such tax year prior to the date Landlord receives such tax statement if such amount exceeds the payments made by Tenant for such monthly periods. All payments made by Tenant under this Section shall be treated as payments of Additional Rent and shall be made together with monthly payments of Minimum Rent. If the Commencement Date occurs other than the first day of a calendar year, then Tenant shall pay a fraction of Tenant's Pro Rata Share of the real estate taxes and installments of special assessments due and payable in the year in which the commencement date occurs, the numerator of such fraction being the number of days from the Commencement Date through the last day of the calendar year, and the denominator of which fraction will be three hundred and sixty-five (365). Similarly, if the Expiration Date should occur on a date other than the last day of a calendar year, Tenant agrees to pay a fraction of Tenant's Pro Rata Share of the real estate taxes and installments of special assessments due and payable in the year in which the Expiration Date occurs, the numerator of said fraction being the number of days elapsed from January 1 of such year to and including the Expiration Date, and the denominator of which fraction will be three hundred and sixty-five (365). Tenant understands that there may be more than one (1) tax statement covering said Shopping Center and that Tenant's Pro Rata Share of the real estate taxes and installments of special assessments will be determined by multiplying the total real estate taxes and installments due by Tenant's Pro Rata Share. 2.07 ADDITIONAL RENT. Wherever it is provided in this Lease that Tenant is required to make payment to Landlord, such payment shall be deemed to be Additional Rent and all remedies applicable to the nonpayment of rent shall be applicable thereto. 2.08 NO OFFSET. Minimum Rent, Percentage Rent and Additional Rent shall be paid without set off or deduction whatsoever. Any claims not released hereunder which Tenant may have against Landlord may be pursued only in as independent action against Landlord, subject to Section 19.05. 2.09 INTEREST/LATE FEE. All payments required to be paid by Tenant under the provisions of this Lease shall bear interest at a rate of either: (a) eighteen percent (18 %) per annum if Tenant is a corporation, or (b) the highest rate allowed by Minn. Stat. § 334.011, if Tenant is other than a corporation. Interest shall begin to accrue five (5) days after the first council meeting of the month the due date of eaeh payment and continue until the date actually paid by Tenant. Tenant hereby agrees to pay such interest to Landlord. Tenant agrees that in addition to interest and all other amounts due to Landlord hereunder, Tenant will pay Landlord a "late fee" equal to five percent (5 %) of any payment which has not been paid within five (5) days after the first council meeting of the month its due without notice or demand. ARTICLE III DEFINITIONS As used in this Lease, the following words and phrases have the following meanings: 3.01 COMMON AREA shall consist of all parts of the Shopping Center and surrounding areas not under lease exclusively to Tenant or to other tenants, and include, but are not limited to, parking areas, access roads and facilities, driveway, sidewalks and other walkways, stairways, lounge areas, hallways, elevators, loading and/or delivery areas, malls (if any), landscap areas, and such other areas and improvements provided for common use and benefit. 3.02 EXPIRATION DATE. That date stated in Section 1.04 above, or if the term of this Lease is extended or if this Lease is renewed, the Expiration Date shall be the last day of the term as so extended or renewed. If this Lease is canceled or terminated prior to the originally fixed Expiration Date, then the Expiration Date shall be the date on which this Lease is so canceled or terminated. But if this Lease is canceled or terminated prior to the originally fixed Expiration Date by reason of Tenant's Default, Tenant's liability under the provisions of this Lease shall continue until the date the Term of this Lease would have expired had the cancellation or termination not occurred. 3.03 FORCE MAJEURE means any period of delay which arises from or through: Acts of God; strikes; contractor delays; shortages or unavailability of labor or materials; lockouts, or labor difficulty; explosion; sabotage; pending arbitration proceedings under Section 4.05; accident; riot or civil commotion; act of war; fire or other casualty; legal requirements; delays caused by Tenant; and, other causes beyond the reasonable control of Landlord. 7 3.04 INSURANCE REQUIREMENTS means the applicable provisions of the insurance policy carried by Landlord covering the Demised Premises, the Shopping Center or any part of either; all requirements of the issuer of any such policy; and the applicable regulations and other requirements of the National Board of Fire Underwriters, any applicable local board of fire underwriters, and any other body exercising a similar function. 3.05 LANDLORD'S WORK means the construction and other work designated as Landlord's Work, if any, in Exhibit C. 3.06 MORTGAGE means any mortgage, deed to secure debt, trust indenture, or deed of trust which may now or later encumber or be a lien upon the Demised Premises, the Shopping Center, the real property of which the Shopping Center forms a part, or Landlord's interest in any of them; and any renewals, modifications, consolidations, replacements and extensions of any instrument referred to in this Section. 3.07 MORTGAGEE means the holder of any Mortgage. 3.08 PARKING AREA means the portions of the Shopping Center which are designated as such by Landlord from time to time. 3.09 PERSON means an individual, fiduciary, estate, trust, partnership, firm, association, corporation or other organization, or authority. 3.10 PRO RATA SHARE means a fraction, expressed as a percentage, the numerator of which fraction is the total square footage of the main floor of the Demised Premises, and the denominator of which fraction is the gross leasable area of the main floor of the Shopping Center, exclusive of common areas, as such gross leasable area may exist or change from time to time. Square footage for all purposes under this Lease shall be computed on the measurement of the outside face of exterior walls and the centerline of interior demising walls. If for any reason the foregoing calculation of Pro Rata Share does not fairly and equitably require Tenant to pay its proportionate share of Operating Expenses, real estate taxes, special assessments or other costs, then Landlord may, at Landlord's option, calculate Tenant's fair and equitable share of such amounts and Tenant agrees to pay the same in the manner provided in Sections 2.04, 2.06, and 2.07. 3.11 REPAIR includes the words "replacement and restoration," "replacement or restoration," "replace and restore," or "replace or restore," as the case may be. 3.12 TENANTS AGENTS includes Tenant's employees, servants, licensees, tenants, subtenants, assignees, contractors, heirs, successors, legatees, and devisees and Tenant's Guarantor. 9 3.13 TENANTS WORK means any construction, installations and other work performed at the Demised Premises by Tenant, at its sole cost, pursuant to plans and specifications approved by Landlord, necessary for Tenant's use and occupancy of the Demised Premises (other than Landlord's Work). ARTICLE IV CONSTRUCTION OF THE DEMISED PREMISES; EFFECTIVE DATE 4.01 LANDLORD'S OBLIGATION TO CONSTRUCT. a. Attached to this Lease as Exhi bit C is a description of Landlord's Work, if any, which includes all the improvements to the Demised Premises which the Landlord has agreed to perform at its expense, subject to the conditions hereof and to delays or impossibility of performance caused by Force Majeure. All of Landlord's Work shall be performed in accordance with Exhibit C in a good and workmanlike manner, utilizing new and fast -grade materials; shall be in conformity with all applicable federal, state and local laws, ordinance, regulations, building codes, and fire regulations; and shall comply with any applicable insurance requirements. 8 b. Landlord's Work may vary from the requirements of Exhibit C if the variance is required by the circumstances or good construction practices, the building permit or applicable legal requirements; or if the variance is nonsubstantial. Any disagreement between Landlord and Tenant as to whether such changes are nonsubstantial shall be resolved in accordance with the provisions of Section 4.05. As to changes which require Tenant's approval, such approval shall not be withheld unreasonably, and any disagreement between Landlord and Tenant as to whether or not such approval is being withheld unreasonably shall be resolved in accordance with the provisions of Section 4.05. 4.02 DELIVERY OF POSSESSION. Landlord hereby leases to Tenant, and Tenant hereby rents from Landlord, the Demised Premises. Delivery of possession shall be deemed to have occurred on the date that Landlord's Work, if any, shall have been substantially completed to the extent necessary to allow Tenant to commence Tenant's Work, as determined by Landlord. 4.03 TENANTS WORK. All of Tenant's Work, if any, shall be performed in accordance with good construction practices, all applicable legal and insurance requirements and any Tenant Design Construction Manual for the Shopping Center. Tenant shall indemnify Landlord from and hold Landlord harmless against any and all liabilities, damages, losses, liens, mechanic's liens, foreclosures, injury, suits, actions, claims of any nature whatsoever, including all attorneys fees, arising out of Tenant's Work. 4.04 ACCEPTANCE OF POSSESSION. Within ten (10) days after Delivery of Possession, Tenant shall give Landlord written notice of any alleged defects in Landlord's Work and of any alleged variances of Landlord's Work from the requirements of this Lease. Any defect or variance not so set forth shall be deemed waived by Tenant. If Tenant shall fail to give such notice, it shall waive all rights with respect to such defects or variances. Upon the expiration of the ten (10) day period, the Demis Premises shall be conclusively deemed to have been accepted by Tenant, subject to the defects or variances set forth in the notice, wlu defects or variances Landlord will promptly rectify to the extent the same are not in compliance with the terms of this Lease. At any time after the expiration of the ten (10) day period, upon request of Landlord, Tenant shall execute a certificate certifying that the Demised Premises were accepted in accordance with the foregoing. 4.05 ARBITRATION. Any matter which is specifically set forth in this Lease to be resolved in accordance with the provisions of this Section shall be determined by binding arbitration as follows: On ten (10) days' written notice by either party to the other, each shall designate an arbitrator, and a third arbitrator shall be selected by the two so designated. All arbitrators selected under this paragraph shall have at least five (5) years' experience in leasing commercial space. If either party fails to designate an arbitrator within ten (10) days following notice, or upon the inability or failure of the two arbitrators to agree upon a third within ten (10) days following their designation, said selection shall be made by the judge then sitting at special term in the District Court of Hennepin County, Minnesota upon notice to all parties. Each party shall be entitled to be represented by counsel in the arbitration proceedings. The difference or dispute shall be settled in accordance with the Uniform Arbitration Act, and the Rules of the American Arbitration Association shall govern. The decision of a majority of the arbitrators, signed and acknowledged, shall be final and binding upon Lessor and Tenant. To the extent feasible, such decision shall be made within thirty (30) days of the appointment of the third arbitrator. The costs and expenses of the arbitrators, the fees of the arbitrators, and all attorneys' fees and costs incurred, shall be par by the losing party in the arbitration proceeding, and the definition of "losing party" shall be a proper subject of the arbitratiqW proceeding. ARTICLE V EFFECTIVE DATE; MEMORANDUM OF LEASE 5.01 EFFECTIVE DATE OF LEASE. This Lease shall be binding upon the parties effective as of the date of execution indicated above. At the earlier of the entry into the Demised Premises by Tenant to make any measurements or inspect the same, or the Delivery of Possession, as provided in Section 4.02, all of the terms and conditions of this Lease shall be in full force and effect and all of Tenant's obligations under this Lease shall be applicable, except for Tenant's obligations to pay Minimum Rent or any other charges Tenant is required to pay Landlord under this Lease (which obligations to pay shall commence on the Commencement Date). E 5.02 SHORT FORM LEASE. Upon request of Landlord or Landlord's mortgagee, Landlord and Tenant shall execute a short form lease or memorandum of lease in proper form for recording, setting forth the Commencement Date and any provision of this Lease other than Article II or Sections 1.05 and 1.12. Tenant shall not have the right to record this Lease in any public records. ARTICLE VI CONDITION OF PREMISES, ALTERATIONS, SIGNS 6.01 NO REPRESENTATIONS, ETC. Landlord has made no representations, covenants or warranties with respect of the Demised Premises except as expressly set forth in this Lease. 6.02 ALTERATIONS. Tenant may not make any alterations to the Demised Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. If Landlord grants consent, the alterations shall be performed in a good and workmanlike manner in accordance with all applicable legal requirements, Insurance Requirements, pursuant to plans and specifications approved by Landlord and other conditions which Landlord shall impose on such work. 6.03 MECHANIC'S LIENS. If any mechanic's or materialman's lien is filed against the Demised Premises or the Shopping Center as a result of any work or act of Tenant, Tenant shall discharge the lien within twenty (20) days after the filing of the lien. If Tenant shall fail to discharge the lien, Landlord may, but shall not be obligated to, bond or pay the lien or claim for the account of Tenant without inquiring into the validity thereof. In such event, the Tenant shall promptly reimburse Landlord the amount so advanced or the costs and expenses of such bond. Upon completion of any repair, alteration or other work performed by Tenant or its agents and contractors to the Demised Premises, Tenant shall provide Landlord with copies of lien waivers from each contractor or agent who performed work or supplied materials relative to such work. 6.04 SIGNS. a. Tenant shall, at its expense, promptly install and maintain a sign affixed to the exterior of the Demised Premises. Tenant's sign shall be subject to (I) the written approval of Landlord as to dimensions, material, content, location and design; (ii) applicable legal requirements; (iii) Insurance Requirements; and (iv) the sign criteria for the Shopping Center attached hereto as Exhibit "E " . Tenant shall obtain and pay for all permits and licenses required in connection with a sign. Copies of all permits and licenses shall be delivered to Landlord within a reasonable time after they are issued. b. If Landlord shall deem it necessary to remove any sign in order to paint or to make repairs, alterations or improvements to the Demised Premises, Landlord shall have the right to do so. Tenant shall not have the right to maintain or install any other signs at the Shopping Center or the Demised Premises. In the event that the exterior of the Shopping Center is substantially renovated Tenant shall install such new sign to conform to new sign criteria. 6.05 INSURANCE COVERING TENANTS WORK. Tenant shall not make any alterations, repairs or installations, or perform any other work to the Demised Premises (including Tenant's Work) unless prior to the commencement of the work Tenant shall obtain (and during the performance of the work keep in force) public liability and worker's compensation insurance to cover every contractor to be employed, and naming Landlord and any mortgagee as an additional insured. The policies shall be noncancellable without ten days' notice to Landlord. Coverage limits shall be reasonably satisfactory to Landlord. Prior to the commencement of the work, Tenant shall deliver duplicate originals or certificates of the insurance policies to Landlord. 10 ARTICLE VII REPAIRS, COMPLIANCE, SURRENDER 7.01 REPAIRS BY LANDLORD. Upon reasonable notice from Tenant, Landlord shall make necessary repairs to the structural components of the roof, foundation, exterior walls and any load - bearing interior walls of the Demised Premises. However, Landlord shall not be required to make any repairs to windows, plate glass, doors and any fixtures and appurtenances composed of glass. Landlord shall not be required to repair any damage caused by any act, omission or negligence of Tenant, Tenant's Agents or Tenant's customers. All expenses incurred by Landlord in making such repairs shall be deemed to be Operating Expenses hereunder, and will be subject to reimbursement pursuant to Section 2.04. 7.02 REPAIRS AND MAINTENANCE BY TENANT. Except for the repairs Landlord is specifically obligated to make under Section 7.0 1, Tenant shall make all other repairs to the Demised Premises which are necessary or desirable to keep the Demised Premises in good order and repair and in an attractive, safe, dry and tenantable condition. Without limiting the generality of the foregoing, Tenant is specifically required to make repairs a) to the portion of any pipes, lines, ducts, wires or conduits contained within the Demised Premises; b) to windows, plate glass, doors and any fixtures or appurtenances composed of glass, floor coverings, ceilings and wall coverings; c) to Tenant's sign; d) to any heating or air conditioning equipment servicing the Demised Premises; and e) to the Demised Premises or the Shopping Center when repairs to the same are necessitated by any act or omission of Tenant, Tenant's Agents or Tenant's customers or the failure of Tenant to perform its obligations under this Lease. Tenant shall keep the Demised Premises in a clean and sanitary condition and free from vermin and escaping offensive odors. With respect to the heating, ventilation, and air conditioning equipment and systems, Tenant, at its expense, shall maintain this equipment throughout the Term of this Lea a eentmereially tiseal serviee eentraet, and ft"ish evidenee thereof (and renewals) to 1=andlard epen 1=wtdlard's reqtiesf-. 0 7.03 APPROVAL BY LANDLORD OF REPAIRS. With respect to any repair required or permitted to be performed by Tenant under any provision of this Lease, Tenant shall give notice to Landlord before any work is performed. Except in the event of an emergency, all plans and specifications with respect to repairs shall be subject to the prior written approval of Landlord. No repair shall be commenced until plans and specifications therefor shall have been submitted to and approved by Landlord, which approval shall not be unreasonably withheld. After approval of the plans and specifications, the work shall then be commenced promptly, performed in accordance with the approved plans and specifications, and prosecuted diligently to completion. 7.04 COMPLIANCE. Tenant shall observe and comply promptly with all present and future legal requirements and Insurance Requirements relating to or affecting the Demised Premises, or any sign of Tenant, or the use and occupancy of the Demised Premises, including, but not limited to, laws, regulations, codes, and rules relating to the use, storage or release of any hazardous or toxic wastes or substances, asbestos, petroleum products or any other harmful productions ( "Hazardous Wastes "). 7.05 ELECTRICAL LINES. If Tenant installs any electrical equipment that overloads the lines in the Demised Premises or the Shopping Center, Landlord may require Tenant to make whatever changes to the lines as may be necessary to rend the same in good order and repair, and in compliance with all Insurance Requirements and applicable legal requirements. 7.06 EMERGENCY REPAIRS. If in an emergency it shall become necessary to make promptly the repairs or replacements required to be made by Tenant, Landlord may reenter the Demised Premises and proceed forthwith to have the repairs or replacements made and pay the cost thereof. Within thirty (30) days after Landlord renders a bill therefor, Tenant shall reimburse Landlord for the cost of making the repairs. 7.07 SURRENDER OF PREMISES. On the Expiration Date, Tenant shall quit and surrender the Demised Premises broom clean and in good condition and repair. At Landlord's option, all alterations, fixtures, trade fixtures, installations, additions and improvements which may have been made in or attached on or to the Demised Premises shall either remain in the Demised Premises and shall become the property of Landlord or shall be removed by Tenant, at its sole cost and expense, and Tenant shall repair any damage to the Demised Premises caused thereby. 11 ARTICLE VIII SERVICES AND UTILITIES 8.01 UTILITIES. Tenant shall pay when due all charges for electricity, heat, air conditioning, water, gas, fuel, sewage usage, garbage disposal, refuse removal, telephone and any other utility service furnished to the Demised Premises from and after the Delivery of Possession until the Expiration Date, or earlier termination of this Lease. If one or more of the foregoing utilities are not separately metered to the Demised Premises, then Tenant agrees to pay its Pro Rata Share of such utilities, or such other equitable proportion if required by the circumstances. 8.02 METERS. Tenant shall keep any gas, water and electric meter(s) installed for the Demised Premises or any other meter(s) measuring the gas or water volume and electric current consumed at the Demised Premises in good order and repair. ARTICLE IX USE AND OPERATION 9.01 USE. Tenant shall use the Demised Premises solely for the uses designated as Permitted Uses in subsection 1.08(a). Tenant shall not use, permit or suffer the use of the Demised Premises for any other purposes whatsoever, or for any illegal purpose. All uses not specifically granted herein are reserved to Lessor and other tenants in the shopping center, but Tenant's use shall be non - exclusive. 9.02 CONTINUOUS OPERATION. a. Tenant shall conduct its business in the Demised Premises continuously on all days and at all hours during which the Shopping Center is open. b. Tenant shall operate its store as a typical operation as presently conducted in the vicinity in which the Demised Premises are located or in the locality closest to the Shopping Center in which such operation is conducted. C. Tenant shall use its best efforts to achieve a maximum sales volume in the Demised Premises. 1.08(b). d. Tenant shall conduct its business under the name designated as Tenant's Business Name in subsection 9.03 STORE OPERATIONS. a. Tenant shall use for office, clerical or other nonselling purposes only such space in the Demised Premises as is reasonably required for Tenant's business therein, and shall not perform any office, storage or clerical function in the Demised Premises for any other store. , nenselling purposes. b. Tenant shall pay before delinquency any and all taxes, assessments and public charges levied, assessed or imposed upon Tenant's business or upon Tenant's fixtures, furnishings or equipment in the Demised Premises. C. Tenant shall pay when and as due all license fees, permit fees and charges of a similar nature for the conduct by Tenant of any business or undertaking authorized hereunder to be conducted in the Demised Premises. d. Tenant shall keep and maintain in good order, condition and repair any loading platform, truck door and/or truck maneuvering space therefor which is used by Tenant or to which Tenant has the right of use notwithstanding the fact that the same may be deemed to be a portion of the Common Area. 12 e. Tenant agrees (i) not to permit the accumulation (unless concealed in metal containers) or burning of any rubbish or garbage in, on or about any part of the Shopping Center, and (ii) if Landlord shall so request, not to permit any garbage or rubbish to be collected or disposed of from the Demised Premises except by Landlord or its designee, and, (iii) if Landlord shall so request, to remove all trash to a designated trash room or area. f. Tenant shall observe all reasonable rules and regulations established by Landlord from time to time for the Shopping Center, provided Tenant shall be given at least five (5) days' notice thereof. 9.04 RESTRICTIONS ON TENANTS ACTIVITIES AT SHOPPING CENTER. a. Tenant shall not use the sidewalk adjacent to or any other space outside the Demised Premises for display, sale or any other similar undertaking. Tenant shall not use any advertising medium which may be heard outside the Demised Premises. C. Tenant shall not use the plumbing facilities of the Demised Premises for any purpose other than that for which they were constructed. Tenant shall not dispose of any substances in such facilities which may clog, erode or damage the plumbing pipes, lines or conduits of the Shopping Center whether through the utilization of "garbage disposal" units or otherwise. If Tenant uses the Demised Premises for the sale, preparation or service of food for on- premises consumption, Tenant shall install any grease traps that may be necessary or desirable to prevent the accumulation of grease or other wast in the plumbing facilities servicing the Demised Premises. But notwithstanding anything to the contrary, the foregoing shie not be deemed to permit Tenant to use the Demised Premises as provided in the preceding sentence unless such use is specified in subsection 1.08(a). d. Tenant shall not place a load on any floor exceeding the floor load per square foot which such floor was designed to carry. e. Tenant shall not use the roof of the Demised Premises for any purpose. Tenant shall not use exterior walls of the Demised Premises except that Tenant may maintain a sign in accordance with Section 6.04. f. No coin or token operated vending machine or similar device for the sale of any merchandise or services (including pay lockers, pay toilets, scales, amusement devices and machines for the sale of beverages, foods, candy, cigarettes or other commodities) may only cbe operated -in within the confines of the Demised Premises. g. Tenant shall not use any forklift truck, tow truck or any other machine for handling freight except as may be approved in writing by the Landlord. h. No auction, fire or bankruptcy sales may be conducted within the Demised Premises without the previous written consent of Landlord. i. Tenant shall not use the malls, sidewalks adjacent to the Demised Premises or other Common Areas on the Shopping Center site for business purposes without the prior written consent of Landlord. j. Tenant shall keep the doors and displays windows of the Demised Premises clean and shall keep the same electrically lighted during such periods of time as windows throughout a major portion of the Shopping Center development are kept lighted, and for this purpose shall install and maintain a mechanical time- clock. 13 in 13 1. Tenant shall not perform any act or carry on any practice which may injure the Demised Premises or any other part of the Shopping Center, or cause any offensive odors or loud noise (including the use of loudspeakers), or constitute a nuisance or menace to any other occupant or other persons in the Shopping Center, and in no event shall any noises or odors be emitted from the Demised Premises. M. Tenant shall at all times fully and adequately heat and/or air condition (as the circumstances require) the Demised Premises and shall not draw any heat or air conditioning from the enclosed mall if any. 9.05 INSURANCE RATE. Tenant shall comply with all Insurance Requirements relating to or affecting the Demised Premises. If the insurance premiums that would have been applicable for the Permitted Uses as a result of any failure by Tenant to comply with Insurance Requirements, or as a result of or in connection with the use to which the Demised Premises are put by Tenant, Tenant shall reimburse Landlord for the excess. The reimbursement shall be made within ten (10) days after Landlord renders a bill therefor. For the purpose of this section, any finding or schedule of a fire insurance rating organization having jurisdiction over the Demised Premises or the Shopping Center shall be deemed to be conclusive. ARTICLE X TRANSFER OF INTEREST, PRIORITY OF LIEN 10.01 ASSIGNMENT OR SUBLEASE BY TENANT. a. SUBLEASE. Since Landlord wishes the party in possession of the Demised Premises to be bound to Landlord by direct privity of contract, Tenant may not sublease the whole or any part of the Demised Premises without the prior written approval of Landlord, which approval may be withheld in Landlord's sole and absolute discretion. b. ASSIGNMENT. Tenant may not voluntarily or by operation of law, assign, mortgage, pledge or otherwise transfer this Lease without the prior written consent of Landlord. If Tenant is a corporation, then any transfer of this Lease by merger, consolidation or liquidation, or any change in ownership of the shares of voting stock shall constitute an assignment of this Lease, and, as such, shall require the prior written consent of Landlord. If Tenant is a partnership, any transfer, assignment or sale of a partnership interest, or any change in the partners comprising Tenant, shall constitute an assignment of this Lease, and, as such, shall require the prior written consent of Landlord. The prior written consent of Landlord to any such proposed assignment or transfer shall not be withheld unreasonably, if all of the following conditions are met: (1) The proposed assignee has a net worth at least equal to Tenant and Tenant's Guarantor(s) (if any) as of the date of signing this Lease, or the date of the proposed assignment, whichever is greater; (2) The proposed assignee is creditworthy considering the obligations to be assumed under the Lease; (3) The proposed assignee has experience and expertise in operating a retail business similar to that being conducted in the Demised Premises; 14 (4) The use of the Demised Premises will comply with Section 1.08(a), and, in addition, the proposed assignee's use will not conflict with Landlord's current or projected tenant mix of the Center or with exclusive uses granted or to be granted to any other tenant(s) of the Shopping Center; (5) Tenant and Tenant's Guarantor(s) (if any) acknowledge in writing that they will remain liable for the performance of all obligations pursuant to the Lease; (6) Tenant, Tenant's Guarantor(s) (if any) and the proposed assignee agree in a written Amendment to the Lease, in form and substance acceptable to Landlord, that the'Minimum Rent, as of the effective date of such assignment shall become the greatest of the following: (i) The Minimum Rent then applicable; (ii) The average of the sum of the annual Minimum Rent and annual Percentage Rent (if any), payable for the last two (2) Lease Years (or shorter period, if so required) immediately prior to the Lease Year of the proposed assigning; or (iii) The prevailing market rate determined by Landlord for Minimum Rent for similar space in the Center at the time of the Assignment. (7) No Default by Tenant shall be in existence at the time of the request for consent. 0 If Tenant desires to assign the Lease, it shall so notify Landlord in writing at least thirty (30) days prior to the proposed effective date of the assignment. Tenant shall provide Landlord with: a copy of the proposed assignment, financial information, bank references and financial statements of the proposed assignee; a copy of the agreements referenced in subsections (b)(5) and (b)(6) above; and, such fiuther information as Landlord might request concerning the proposed assignee. Within fifteen (15) days after Landlord's receipt of all required information concerning the proposed assignee, and the satisfaction of all of the conditions specified in subsections (b)(1) through (b)(7) above, Landlord shall have the following options: (1) To cancel this Lease and upon such cancellation, all parties shall be released from liability hereunder and Tenant will immediately vacate the Demised Premises; (2) To consent to the proposed assignment; or (3) To refuse to consent if reasonable grounds exist therefore; PROVIDED THAT IF THE CONDITIONS SPECIFIED IN SUBSECTIONS (b)(1) THROUGH (b)(7) ARE NOT SATISFIED, LANDLORD'S CONSENT TO THE PROPOSED ASSIGNMENT MAY BE WITHHOLD OR GRANTED IN ITS SOLE AND ABSOLUTE DISCRETION. 10.02 SUBORDINATION. a. At Landlord's election, this Lease shall be subordinate to the lien of any present or future MortgagI irrespective of the time of execution or the time of recording of the Mortgage. From time to time, Landlord may, without 0 notice to Tenant, elect that this Lease be subordinate to the lien of any Mortgage. The exercise of any of the elections provided in this section shall not exhaust Landlord's right to elect differently thereafter from time to time. However, at any time when the Demised Premises are encumbered by a Mortgage, Landlord may not exercise either election without the consent of the Mortgagee. b. Upon Landlord's request, from time to time, Tenant shall (I) confirm in writing and in recordable form that this Lease is so subordinate to the lien of any Mortgage and/or (ii) execute an instrument making this Lease subordinate to the lien of any Mortgage, in a form as may be required by any applicable Mortgagee. 15 10.03 ATTORNMENT. If the Demised Premises or the Shopping Center is encumbered by a Mortgage and the Mortgage is foreclosed, or if the Demised Premises or Shopping Center is sold pursuant to foreclosure or by reason of a default under a Mortgage, the following shall apply notwithstanding the foreclosure, the sale or the default: (I) Tenant shall not disaffirm this Lease or any of its obligations under this Lease; and, (ii) at the request of the applicable Mortgagee or purchaser at the foreclosure or sale, Tenant shall attorn to the Mortgagee or purchaser. 10.04 TRANSFER OF LANDLORD'S INTEREST. The term "Landlord" as used in this Lease means only the owner for the time being or the Mortgagee in possession for the time being of the Demised Premises. Each time the Demised Premises are sold, the selling Landlord shall be released of all obligations and liability under this Lease. 10.05 MORTGAGEE'S RIGHTS. If Landlord shall notify Tenant that the Demised Premises or the Shopping Center is encumbered by a Mortgage, and shall notify Tenant of the name and address of the mortgagee, the following shall apply, notwithstanding anything to the contrary: If any Mortgagee shall perform any obligation that Landlord is required to perform under this Lease, the performance by the Mortgagee shall be deemed to be performance on behalf of the Landlord insofar as Tenant is concerned, and the performance shall be accepted by Tenant as if performed by the Landlord. ARTICLE XI COMMON AREA AND SHOPPING CENTER • 11.01 USE OF COMMON AREAS. Landlord hereby grants to Tenant the following privileges to use portions of the Common Area during the Term of this Lease. These privileges may be exercised in common with Landlord and other tenants of the Shopping Center, and any designee of Landlord, and subject to Landlord's rules and regulations: a. Tenant is hereby granted the nonexclusive license to permit its customers to use the sidewalks and customer Parking Areas designated by Landlord from time to time. Tenant is hereby granted the nonexclusive license to permit its employees to use the sidewalks and employee Parking Areas designated by Landlord from time to time. The rights to the use of the Parking Areas by Tenant's customers and employees shall be limited to the right to pass by foot and to parking passage and maneuvering of vehicles. The rights to the use of the sidewalks shall be limited to the right to pass by foot. b. Tenant is hereby granted the nonexclusive privilege to permit its employees and customers to use the entrance and exit ways designated by Landlord from time to time for access to the Demised Premises through appropriate entrances and exits designated by Landlord. 11.02 LANDLORD'S RIGHTS. Notwithstanding anything to the contrary, Landlord shall have the following rights with respect to the Common Area: 9 a. Landlord may close all or any portion of the Common Area temporarily to discourage noncustomer use. b. Landlord may prohibit parking or passage of motor vehicles in areas previously designated for parking or passage. C. Landlord may erect additional buildings on the Common Area or above the Demised Premises, or change the location of buildings or other structures to any location in the Shopping Center including the Common Area. Upon erection or change of location, the portion of the Shopping Center upon which buildings or structures have been erected shall no longer be deemed to be a part of the Common Area. d. The Landlord reserves the right at any time, and from time to time, to construct and lease kiosks on any part of the Shopping Center (including but not limited to, the interior common areas, the sidewalks and the parking lot). If the Landlord chooses to build a kiosk on a common area of the Shopping Center, upon the commencement of construction, the space devoted to the kiosk will no longer be considered a common area of the Shopping Center. 16 11.03 LICENSE NUMBERS. Landlord shall have the right, from time to time, to prohibit and/or restrict the use of Parking Areas by Tenant, Tenant's Agents and Tenant's employees to specific parking places or areas. In order to implement the foregoing, Tenant shall famish Landlord with the license numbers of any vehicle owned or operated by Tenant and Tenant's employees promptly after each request therefor by Landlord. If any vehicles are parked in violation of Landlord's designated restrictions, Landlord shall have the right to have any such vehicle towed at Tenant's sole expense. 11.04 LANDLORD'S OBLIGATION WITH RESPECT TO PARKING AREA. Landlord shall keep the Parking Area properly paved and in good order and repair throughout the Term. Landlord shall keep the Parking Area properly drained and shall provide painted stripes to designate parking space. Within a reasonable time after a snowfall ends, Landlord shall commence to remove accumulated snow and ice from the Parking Area; and Landlord shall diligently prosecute the removal so that, to the extent practicable, the Parking Area shall be reasonably free of snow and ice. Landlord may deposit accumulated ice and snow on portions of the Common Area as may be necessary under the circumstances. If any ice cannot be removed with reasonable effort on the part of Landlord, it will be sufficient for Landlord to spread sand or other abrasive substances over the ice. 11.05 PROMOTION; MERCHANTS ASSOCIATION. Tenant shall fully cooperate with the other occupants of the Shopping Center in promoting the use of such trade names and slogans as may be adopted for said development and in all promotional and advertising campaigns. and itt this eanneetion, at the reqttest of Landlord, join and maintain membership in the Asseeiation. in any event, Tenant speeificaiiy agrees widt L&tdiord Ehat Tenant shall eentribete to the eest of the ftetivities of the 11.06 ADVERTISING. All Tenant's advertising in the metropolitan St. Paul- Minneapolis area shall set forth the name and address of the Shopping Center. Tenant shall not use the name of the Shopping Center in any confusing, derogatory or misleading manner, and upon the termination of this Lease, Tenant shall not use the name of or any trademark or service mark, if an associated with the Shopping Center. 6 ARTICLE III DESTRUCTION AND FIRE INSURANCE 12.01 RENT ABATEMENT. If all or any portion of the Demised Premises is damaged by fire or casualty covered by extended coverage insurance not caused by the fault or neglect of Tenant or Tenant's Agents, and this Lease is not terminated pursuant to any provisions of this Lease, the following shall apply: Rent shall abate from the date of the occurrence in the proportion that the area of the portion of the Demised Premises rendered unusable for the Permitted Uses bears to the entire area of the Demised Premises. The abatement shall continue until the Demised Premises, or the portion thereof which shall have been damaged, shall be rebuilt or repaired. If the fire or other casualty is caused by the fault or neglect of Tenant or Tenant's Agents, rent shall not abate. 17 Wil .: 11.06 ADVERTISING. All Tenant's advertising in the metropolitan St. Paul- Minneapolis area shall set forth the name and address of the Shopping Center. Tenant shall not use the name of the Shopping Center in any confusing, derogatory or misleading manner, and upon the termination of this Lease, Tenant shall not use the name of or any trademark or service mark, if an associated with the Shopping Center. 6 ARTICLE III DESTRUCTION AND FIRE INSURANCE 12.01 RENT ABATEMENT. If all or any portion of the Demised Premises is damaged by fire or casualty covered by extended coverage insurance not caused by the fault or neglect of Tenant or Tenant's Agents, and this Lease is not terminated pursuant to any provisions of this Lease, the following shall apply: Rent shall abate from the date of the occurrence in the proportion that the area of the portion of the Demised Premises rendered unusable for the Permitted Uses bears to the entire area of the Demised Premises. The abatement shall continue until the Demised Premises, or the portion thereof which shall have been damaged, shall be rebuilt or repaired. If the fire or other casualty is caused by the fault or neglect of Tenant or Tenant's Agents, rent shall not abate. 17 12.02 OPTION TO CANCEL. This Lease shall not be canceled as a result of fire or casualty except as follows: Landlord shall have the option to cancel this Lease if all or a substantial portion of the Shopping Center or the Demised Premises shall be damaged by fire or casualty. This option may be exercised upon giving notice of cancellation to Tenant within ninety (99) sixty (60) days following the occurrence. Tenant hereby waives all rights to cancel this Lease by reason of damage to the Demised Premises as a result of fire or other casualty pursuant to any presently existing or hereafter enacted statute or other law. 12.03 OBLIGATION TO REBUILD. If all or any portion of the Demised Premises is damaged by fire or other casualty insurable under a standard fire insurance policy with standard extended coverage endorsement, and this Lease is not terminated, Landlord shall repair or rebuild the Demised Premises or such portion to its or their condition immediately prior to the occurrence but only to include the tenant improvements originally included in Landlord's Work. Tenant will, at its sole expense, complete all items of Tenant's Work. The repair or rebuilding shall be commenced within a reasonable time after the occurrence, subject to Force Majeure. Landlord shall not be obligated to expend any sums for repair or rebuilding which are greater than the proceeds of any insurance policy actually received by Landlord and made available to Landlord by any mortgagee. 12.04 WAIVER OF SUBROGATION. Landlord and Tenant hereby release each other and each other's officers, directors, employees and agents from liability or responsibility for any loss or damage to property covered by valid and collectible fire insurance with standard extended coverage endorsement. This release shall apply not only to liability and responsibility of the parties to each other, but shall also extend to liability and responsibility for anyone claiming through or under the parties by way of subrogation or otherwise. This release shall apply even if the fire or other casualty shall have been caused by the fault or negligence of a party or anyone for whom a party may be responsible. However, this release shall apply only with respect to loss or damage actually recovered from an insurance company. This release shall not apply to loss or damage of property of a party unless the loss or damage occurs during the times the fire or extended coverage insurance policies of a party contain a clause or endorsement to the effect that any release shall not adversely affect or impair the policies or prejudice the right of the party to recover thereunder. Landlord and Tenant each agree that any fire and extended coverage insurance policies covering the Demised Premises or their contents shall include this clause or endorsement. 12.05 RIGHTS OF MORTGAGEE. Tenant acknowledges that the rights of the Landlord with respect to the use of any insurance proceeds paid as a result of any casualty is subject to the rights of any Mortgagee. ARTICLE XIII CONDEMNATION 13.01 DEFINITIONS. As used in this Lease, the following words have the following meanings: a. AWARD means the award for or proceeds of any Taking less all expenses in connection therewith including • attorneys' reasonable fees. b. TAKING means the taking of, or damage to, the Demised Premises or the Shopping Center or any portion thereof, as the case may be, as the result of the exercise of any power of eminent domain, condemnation or purchase under threat thereof or in lieu thereof. C. TAKING DATE means the date on which the condemning authority shall take physical possession of the Demised Premises or the Shopping Center or any portion thereof as the case may be. 13.02 TOTAL OR SUBSTANTIAL TAKING OF DEMISED PREMISES. If all of the Demised Premises shall be taken, except for a Taking for temporary use, this Lease shall be canceled automatically as of the Taking Date. If a part of the Shopping Center or the Demised Premises shall be taken, Landlord shall have the option to cancel this Lease. The option to cancel may be exercised within six (6) months of the Taking Date by giving Tenant notice that the option has been exercised. ffl] 13.03 ABATEMENT AND RESTORATION. If all or a portion of the Demised Premises shall be taken, except for a Taking for temporary use, and this Lease shall not be canceled under section 13.02, the following shall apply: Minimum Rent shall be reduced in the proportion that the area so taken bears to the entire area of the Demised Premises. Landlord shall restore the remaining portion of the Demised Premises to the extent practical, to render it reasonably suitable for the Permitted Uses. Landlord shall not be obligated to expend an amount greater than the Award for the restoration actually received by Landlord and made available to Landlord by any mortgagee. 13.04 TAKING FOR TEMPORARY USE. If there is a Taking of the Demised Premises for temporary use, this Lease shall continue in full force and effect, and Tenant shall continue to comply With Tenant's obligations under this Lease, except to the extent compliance shall be rendered impossible or impracticable by reason of the Taking. 13.05 DISPOSITION OF AWARDS. All Awards arising from a total or partial Taking of the Demised Premises or of Tenant's leasehold interest awarded to Landlord or Tenant shall belong to and be the property of Landlord without any participation by Tenant. Tenant hereby waives any rights it may have with respect to the loss of its leasehold interest in this Lease and the Demised Premises as a result of a Taking. Tenant shall have the right to make its separate claim for its unamortized costs of leasehold improvements to the extent paid for by Tenant, its fixtures and moving expenses, all to the extent such claims are allowable and do not diminish any Award made or to be made to Landlord. ARTICLE XIV INDEMNITY AND LIABILITY C7 14.01 INDEMNIFICATION. Tenant shall indemnify and save harmless Landlord against all liabilities, damages, claims, fines, penalties, costs and other expenses, including, all attorneys' fees, which may be imposed upon, incurred by, or asserted against Landlord by reason of all of the following: a) any use or condition of the Demised Premises or any part thereof, b) any personal injury or property damage occurring on the Demised Premises; c) any negligence on the part of Tenant, its agents, contractors, licensees or invitees; d) any failure to comply with any requirement of any governmental authority; e) any prosecution or defense of any suit or other proceeding in discharging the Demised Premises or any part thereof from any liens, judgments or encumbrances created upon or against the same or against Tenant's leasehold estate; f) any proceedings in obtaining possession of the Demised Premises after the termination of this Lease by forfeiture or otherwise; g) any litigation commenced by or against Tenant to which Landlord is made a party without any fault on the part of Landlord; h) any response costs, other damages, and expenses (including attorney's fees) which may be imposed upon, incurred by or asserted against Landlord by reason of the use, release, threatened release or disposal of Hazardous Wastes (as defined in Section 7.04) at the Demised Premises; and i) any failure on the part of Tenant to perform or comply with any covenant or agreement required to be performed or complied with by Tenant hereunder. 14.02 RELEASE OF LANDLORD. All property of any kind that may be on or at the Demised Premises shall be at the sole risk of Tenant or those claiming through or under Tenant. Unless directly caused by the tortiously intentional conduct o willful and wanton negligence of Landlord, Landlord shall not be liable to Tenant or to any other person or entity and Tenant hereb releases and waives all claims due to any of the following: a) damage, loss or injury, either to person or persons; b) loss of property sustained by Tenant, or by any other person, persons or entities in or upon the Demised Premises or the Shopping Center; c) equipment, fixtures, appliances or machinery in or upon the Demised Premises being or becoming out of repair or defective; d) the happening of any accident, however occurring; e) any act or neglect of Tenant, or any other tenant or occupant of the Shopping Center or of any other person, persons or entities; f) water, snow, rain, backing up of water mains or sewers, frost, steam, sewage, illuminating gas, sewer gas, odors, electricity or electric current, bursting, stoppage or leaking of pipes, radiators, plumbing, sinks and fixtures in or about the Demised Premises or the Shopping Center; g) the use or misuse of any instrumentality or agency in or connected with the Demised Premises or the Shopping Center, or h) any nuisance made or suffered in, on or at the Demised Premises. 14.03 TENANTS INSURANCE. a. Tenant shall provide and maintain a comprehensive policy of liability insuran with respect to the Demised Premises. Landlord, Shorewood Village Shopping Center, Inc., its management firm, Towle Real Estate Company, and any other designee of Landlord shall be named as additional insured. The liability insurance policy shall name Landlord, its 19 management firm, Tenant, any Mortgagee and any other designee of Landlord as insured against any liability which arises from any occurrence on or about the Demised Premises or any appurtenance of the Demised Premises, or which arises from any of the Claims indicated in Section 14.01 against which Tenant is required to indemnify the Landlord. The policy is to be written by a good and solvent insurance company satisfactory to Landlord. The coverage limits of the policy shall be at least $1,000,000 with respect to any one person, at least $1,500,000 with respect to any one accident, and at least $1,000,000 with respect to property damage. b. Tenant shall provide and maintain a fire insurance policy with standard extended coverage endorsement insuring its improvements, betterments, fixtures, equipment and personal property at replacement cost. 14.04 PLATE GLASS INSURANCE. Tenant shall keep all plate glass of the Demised Premises insured against all risks for the benefit of Landlord and Tenant in amounts and with a company satisfactory to Landlord. 14.05 GENERAL PROVISIONS WITH RESPECT TO INSURANCE. a. On or before Tenant enters the Demised Premises for any reason, and before any insurance policy shall expire, Tenant shall deliver to Landlord the policy or a renewal thereof, as the case may be, together with evidence of payment of applicable premiums. Any insurance required to be carried under this Lease may be carried under a blanket policy covering the Demised Premises and other locations of Tenant. If Tenant includes the Demised Premises in blanket coverage, Tenant may deliver to Landlord a duplicate original of the blanket insurance policy or a certificate evidencing such insurance instead of the original of the policy. b. All insurance policies required to be carried under this Lease by or on behalf of Tenant shall provide (and any certificate evidencing the existence of any insurance policies shall certify) that: unless Landlord shall be given ten (10) days' written notice of any cancellation or failure to renew or material change to the policies, as the case may be (I) the insurance shall not be canceled and shall continue in full force and effect, (ii) the insurance carrier shall not fail to renew the insurance policies for any reason, and (iii) no material change may be made in an insurance policy. As used in this Lease, the term "insurance policy" shall include any extensions or renewals of an insurance policy. 14.06 INABILITY TO PERFORM. a. If Landlord fails to perform any of its obligations under this Lease as a result of Force Majeure, Landlord shall not be liable for loss or damage for the failure and Tenant shall not be released from any of its obligations under this Lease. • b. If Landlord is delayed or prevented from performing any of its obligations as a result of Force Majeure, the period of delay or prevention shall be added to the time herein provided for the performance of any such obligation. 14.07 BROKERAGE. Tenant represents that there was no broker (other than the person designated as Broker in Section 1.09) instrumental in consummating this Lease, and that no conversations or prior negotiations were had with any broker (other than the Broker) concerning the renting of the Demised Premises. Tenant shall hold Landlord harmless against any claims for brokerage commission or compensation arising out of any conversations or negotiations had by Tenant with any broker (other than the Broker). ARTICLE XV COVENANT OF QUIET ENJOYMENT 15.01 Landlord covenants that if Tenant.pays the Minimum Rent, Additional Rent and all other charges provided for in this Lease, performs all of its obligations provided for under this Lease, and observes all of the other provisions of this Lease, Tenant shall peaceably and quietly enjoy the Demised Premises in accordance with the terms of this Lease without any interruption 20 or disturbance from Landlord. Landlord shall not be responsible or liable for the actions of third parties, including other tenants in the Center. ARTICLE XVI DEFAULTS; REMEDIES 16.01 DEFAULTS. Each of the following events shall constitute a Default: a. If an event of insolvency should occur. Each of the following events shall be regarded as events of insolvency: (i) If Tenant or any Tenant's Guarantor shall make an assignment for the benefit of creditors. (ii) If Tenant or any Tenant's Guarantor shall file or acquiesce to a petition in any court (whether or not pursuant to any statute of the United States or of any state) in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceedings. (iii) If Tenant or any Tenant's Guarantor shall make an application in any such proceedings for, or acquiesce to, the appointment of a trustee or receiver for it or all or any portion of its property. (iv) If any petition shall be filed against Tenant or any Tenant's Guarantor to which neither of them acquiesce in any court (whether or not pursuant to any statute of the United States or any state) in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceedings and the proceedings shall not be dismissed, discontinued or vacated within sixty (60) days. (v) If Tenant or any Tenant's Guarantor shall be adjudicated a bankrupt or if any petition referred to in clause (iv) shall be approved by any court. (vi) If, in any proceeding pursuant to the application of any person other than Tenant or Tenant's Guarantor to which neither of them acquiesce, a receiver or trustee shall be appointed for Tenant or Tenant's Guarantor, or for all or any portion of the property of either, and the receivership or trusteeship shall not be set aside within sixty (60) days after such appointment. b. If Tenant shall vacate the Demised Premises. C. If Tenant shall refuse to take possession of the Demised Premises on the Commencement Date or shall permit the Demised Premises to remain unoccupied and unattended. d. If Tenant shall cease to conduct its business in the Demised Premises at the times and in the manner required hereunder. e. If Tenant shall fail to pay any installment of Minimum Rent, Additional Rent, Percentage Rent (if any) or any other charge required to be paid by Tenant under this Lease within five (5) days after the same shall become due and payable. f. If Tenant shall fail to perform or observe any of its other obligations under this Lease for a period of ten (10) days after written notice to Tenant. 16.02 REMEDIES. 21 a. Upon the occurrence of a Default as above Landlord may elect either (i) to cancel and terminate this Lease, and this Lease shall not be treated as an asset of Tenants bankruptcy estate, and such termination will not release Tenant from liability for all amounts as provided in subsection c) hereof; or, (ii) to terminate Tenant's right to possession only without canceling, terminating or releasing Tenant's continued liability as set forth in subsection b). Notwithstanding the fact that initially Landlord elects under clause (ii) to terminate Tenant's right to possession only, Landlord shall have the continuing right to cancel and terminate this Lease by giving three (3) days written notice to Tenant of such further election, and shall have the right to pursue any remedy at law or in equity that may be available to Landlord. b. In the event of election under clause (a) (ii) to terminate Tenant's right to possession only, Landlord may, at Landlord's option, enter into the Demised Premises and take and hold possession thereof, without such entry into possession terminating this Lease constituting an acceptance of surrender, or releasing Tenant in whole or in part from Tenant's obligation to pay all amounts hereunder for the full stated Term, or any then effective Renewal Term. Upon such reentry, Landlord may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, without becoming liable for any loss or damage which may be occasioned thereby, Such reentry may be conducted in any lawful manner. Upon and after entry into possession without termination of the Lease, Landlord may, but is not obligated to, relet the Demised Premises, or any part thereof, to anyone other than the Tenant, for such time and upon such terms as Landlord, in Landlord's sole discretion, shall determine. Landlord may make alterations and repairs, and redecorate the Demised Premises to the extent deemed by Landlord necessary or desirable. Whether or not Landlord re- enters the Demised Premises, upon the election by Landlord to terminate Tenant's right to possession, Tenant shall be liable to Landlord as follows: (1) For all attorneys' fees incurred by Landlord by reason of Tenant's Default or in connection with exercising any remedy hereunder; (2) For the unpaid installments of Minimum Rent, Additional Rent, Percentage Rent and other unpaid sums which were due prior to such termination of right to possession, including interest and late payment fees, which sums shall be payable immediately; (3) For the installments of Minimum Rent, Additional Rent, Percentage Rent and other sums falling due pursuant to the provisions of this Lease for the periods after termination of Tenant's right to possession during which the Demised Premises remain vacant, including interest, which sums shall be payable as they become due hereunder; (4) For all expenses incurred in redecorating, remodeling and releasing the Demised Premises, including leasing commissions, attorneys' fees, costs of alterations, repairs and redecorating, which shall be payable by Tenant as they are incurred by Landlord; and • (5) While the Demised Premises are subject to any new lease or leases made pursuant to this subsection (b) for the amount by which the monthly installments payable under such new lease or leases is less than the monthly installment for all charges payable pursuant to this Lease, which deficiencies shall be payable monthly, c. Notwithstanding Landlord's initial election to terminate Tenant's right to possession only, and notwithstanding any reletting without termination, Landlord, at any time thereafter, may elect to terminate this Lease, and to recover from Tenant (and Tenant agrees to pay), in lieu of the amounts which would thereafter be payable pursuant to the foregoing subsection (b), but not in lieu of any amounts accruing prior thereto, as damages for loss of the bargain and not as a penalty, the following amounts: (1) The amount by which the rental value of the portion of the Term (or then effective Renewal Term, if applicable) unexpired at the time of such election is less than an amount equal to the unpaid Minimum Rent, Additional Rent and all additional charges due in the Lease Year in which such election occurs multiplied by the Lease Years remaining in the original Term (or such Renewal Term). 22 (2) All expenses incurred by Landlord as a result of Tenant's Default including, without limitation, leasing commissions, attorneys' fees, all expenses of alternation, repairs and redecorating. (3) Interest on all of the foregoing, as provided herein. (4) All other incidental and consequential damages incurred or suffered by Landlord directly or indirectly as a result of Tenant's Default. Such amounts shall be due to Landlord as of the time Landlord makes said election, notwithstanding that the Term had not expired. If Landlord, after such reentry, leases said Demised Premises, then the rent payable under such new lease shall be conclusive evidence of the rental value of said unexpired portion of said Term. If this Lease shall be temunated by reason of the bankruptcy or insolvency of Tenant, Lessor shall be entitled to recover from Tenant or Tenant's bankruptcy estate, as damages for loss of the bargain and not as a penalty, the amount determined by this subsection (c). d. Mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy, in law or in equity. e. Tenant hereby expressly waives any and all rights of redemption granted by or under the present or future laws in the event of Tenant being evicted or dispossessed for any cause, or in the event of Landlord obtaining possession of the Demised Premises, by reason of violation by Tenant of any of the covenants and conditions of this Lease or otherwise 16.03 DEFAULT BY LANDLORD. If Landlord shall default in the performance of any of the terms or provisions of this Lease, Tenant shall promptly so notify Landlord in writing. If Landlord shall fail to cure such default within thirty (30) days after receipt of such notice, or if the default is of such character as to require more than thirty (30) days to cure, and Landlord shall fail to commence to do so within thirty (30) days after receipt of such notice and thereafter diligently proceed to cure such default, then in either event, Tenant may cure such default and any reasonable and actual expenses paid by Tenant shall be paid by Landlord to Tenant within ten (10) days after a statement therefor is rendered. Tenant shall have no right to set off or deduct any such amounts from any Minimum Rent, Additional Rent or other amount due hereunder. 16.04 LANDLORD'S RIGHT TO PERFORM FOR ACCOUNT OF TENANT. If Tenant shall be in Default under this Lease, Landlord may cure the Default at any time for the account and at the expense of Tenant. If Landlord cures a Default on the part of Tenant, Tenant shall reimburse Landlord for any amount expended by Landlord in connection with the cure upon demand. 16.05 ADDITIONAL REMEDIES, WAIVERS, ETC. a. In addition to all other remedies granted to Landlord hereunder, upon the occurrence of a default specifie in Section 16.01(d), Landlord may obtain equitable relief by way of specific performance and/or temporary and permanen injunctions requiring Tenant to continue to conduct its business in the Demised Premises at the times and in the manner required hereunder. b. The rights and remedies of Landlord set forth herein shall be in addition to any other right and remedy now and hereafter provided by law. All rights and remedies shall be cumulative and not exclusive of each other. Landlord may exercise its rights and remedies at any times, in any order, to any extent, and as often as Landlord deems advisable without regard to whether the exercise of one right or remedy precedes, concurs with or succeeds the exercise of another. C. A single or partial exercise of a right or remedy shall not preclude a fiuther exercise thereof, or the exercise of another right or remedy from time to time. d. No delay or omission by Landlord in exercising a right or remedy shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a Default. 23 e. No waiver of a Default shall extend to or affect any other Default or impair any right or remedy with respect thereto. No action or inaction by Landlord shall constitute a waiver of a Default. The acceptance by Landlord of any Minimum Rent, Additional Rent, Percentage Rent or other amounts, whether partial or full payment shall not constitute a waiver of any other Defaults. The acceptance of any Minimum Rent, Additional Rent or Percentage Rent from any third party shall not constitute a waiver of any of the restrictions of Section 10.01 hereof. No waiver of a Default shall be effective against Landlord unless the same is in writing and is duly executed by an authorized representative of Landlord. ARTICLE XVII TENANT INFORMATION 17.01 TENANT'S CERTIFICATE. Within ten (10) days after each request by Landlord, Tenant shall deliver a certificate to Landlord. The certificate shall be in writing, shall be acknowledged, and shall be in proper form for recording. The certificate shall be executed by Tenant if Tenant is an individual proprietorship, by a general partner of Tenant if Tenant is a partnership, or by the president or a vice president if Tenant is a corporation. Each certificate shall be certified to Landlord, any Mortgagee, any assignee of any Mortgagee, any purchaser, or any other person specified by Landlord. Each certificate shall contain the following information certified by the person executing it on behalf of Tenant: (I) Whether or not Tenant is in possession of the Demised Premises; (ii) Whether or not this Lease is unmodified and in full force and effect. (If there has been a modification of this Lease, the certificate shall state whether this Lease is in full force and effect as modified) • and whether Landlord is in default under this Lease in any respect; (iv) Whether or not there are then any claims defenses against the enforcement of any right or remedy of Landlord, or any duty or obligation of Tenant (and if so, specify the same); (v) the dates, if any, to which any rent or charges have been paid in advance; and (vi) any other information reasonably requested by Landlord. 17.02 Textantshallp ifle to Landlord within ten (19) 4ays after the end of eaeh ealentlar month of the Term ofthis 1:ease, a stateme of gross sales made jeotirent4he Befflised rernises for that partie.6, ealend-or. — lease year signed by lease year of the term of this --- ------ s ovide to lbandl 1 iti 1 1::!! ;;1 for that partiettla art appropriate offieer or prinei of tertant and eertified as aeettrate by an-independent e___ Within ten (1 4 mys after request therefor by Landlortl or atty prospeetive ase or -Me, t or other lender, Te t hereby agrees to deliver tle p arty Tertan�s most reeent fimmeial state ne-el reporMt iferrf; all prepared in aecoLdanee with-generally aeeepted aeeaunting p rinciples ty app.. U. the aeeountants then regularly-employedby Tertam or, if Tenant does not then regularly emplay aeeomtants 'or the prep fittaneial statements, the finaneial statement shall 'Ve prepared by Tertant and signedby its I resideft if a eorperatiort-or-a-gerietal partner. if a partnership, who shall eertif� that the statement fair!., presents the firtaneial eonditiort of Tenant as of the date stated. 17.03 CONFIDENTIAL INFORMATION. Landlord shall hold any financial information obtained from Tenant's • records in strict confidence except as may be necessary (a) for the enforcement of Landlord's rights under this Lease, (b) in connection with prospective financing or prospective sales of the Shopping Center or a lease of the Demised Premises, ( c) with respect to tax proceedings, and (d) pursuant to any legal requirements. ARTICLE XVHI RIGHT OF ACCESS 18.01 ENTRY. During any reasonable time before and after the Commencement Date, Landlord may enter upon the Demised Premises, any portion thereof and any appurtenance thereto (with men and materials, if required) for any of the following purposes without constituting a construction eviction: a) inspecting the Demised Premises; b) making any repairs, replacements or alterations which Landlord may be required to perform under this Lease, or which Landlord may deem desirable for the Demised Premises and c) showing the Demised Premises to prospective purchasers or lessees. 24 18.02 EASEMENT FOR PIPES. Tenant shall permit Landlord to erect, use, maintain and repair pipes, cables, conduits, plumbing, vents and wires in, to and through the Demised Premises as often and to the extent that Landlord may now or hereafter deem to be necessary or appropriate for the proper operation and maintenance of the Shopping Center. ARTICLE XIX INTERPRETATION; NOTICES; MISCELLANEOUS 19.01 INTERPRETATION. a. Exhibits A. B. C. D and E are attached to this Lease. They shall be considered a part of this Lease. b. Any references in this Lease to "subtenants" or "licensees" shall not be deemed to imply that any subtenants or licensees are permitted under this Lease. Any references in this tease to any extensions or renewals of the Tenn of this Lease or to any period during which Tenant may be in possession after the Expiration Date shall not be deemed to imply that any extension or renewal of the Term of this Lease is contemplated or that Tenant shall be permitted to remain in possession after the expiration of the Term of this Lease. C. If any provision of this Lease or the application of any provision of this Lease to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Lease, or the application of such provision to person or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby; and each provision o this Lease shall be valid and be enforced to the fullest extent permitted by law. d. The captions and headings used throughout this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. e. This Lease has been executed in several counterparts; but the counterparts shall constitute but one and the same instrument. 19.02 COMMUNICATIONS. No notice, request, consent, approval, waiver or other communication under this Lease shall be effective unless the same is in writing and is mailed by registered or certified mail, or overnight courier, postage prepaid, addressed as follows: a. If intended for Landlord, a communication shall be effective three (3) days after it is sent if mailed to the address designated as Landlord's Notice Address in Section 1. 10, with appropriate copy, or to such other address as Landlord designates by giving notice to Tenant, and 0 b. If intended for Tenant, a communication shall be effective three (3) days after it is sent if mailed to the address designated as Tenant's Notice Address in Section 1.10 or such other address as Tenant shall designate by giving notice thereof to Landlord. 19.03 SUCCESSORS AND ASSIGNS. Except as otherwise provided, this Lease shall bind and inure to the benefit of the parties and their respective successors, representatives, heirs and assigns subject to Section 10.01. 19.04 RESPONSIBILITY OF TENANT. Any restriction on or requirement imposed upon Tenant under this Lease shall be deemed to extend to Tenant's Guarantor, Tenant's concessionaires and licensees; and it shall be Tenant's obligation to cause the foregoing persons to comply with the restrictions and requirements. 25 19.05 LIABILITY OF LANDLORD. Landlord and its officers or partners shall have absolutely no personal liability with respect to any provision of this Lease or any obligation or liability arising from this Lease. Tenant shall look solely and exclusively to Landlord's interest in the Shopping Center for the satisfaction of any judgment or remedies of Tenant. 19.06 GOVERNING LAW. This Lease shall be governed by and construed according to the laws of the State of Minnesota. 19.07 GUARANTY. All of Tenant's obligations under this Lease Agreement are secured by the Guaranty executed by Tenant's Guarantor(s) as specified in Section 1.07 hereof. 19.03 EXECUTION AND DELIVERY REQUIRED. This document shall have no binding effect on the parties unless executed by the landlord and the tenant and a fully executed copy if delivered to the tenant. To evidence their agreement to the foregoing the parties have duly executed this Lease the date first indicated above. LANDLORD: • • swood\liquor.lse Shorewood Village Shopping Center, Inc. Its 0 TENANT: City of Shorewood By Its E Its 26 Ai Qf N O 00 � O Z . v 0 c Of N 0 rn u � O N Z7 N p O r O R O x r N U O � O 123730 3,990 SF 123720 1.154 SF 1.056 SF 123714 3.378 SF 1 23700 900 SF 1'23690 123680 1.200 SF 592 SF 123670 2.458 SF 123660 1,752 SF r _ r A te~ O N rn N O • • EXHIBIT A o m m --j m o < ;u FLOOR PLAN o— M n m /n VJ C) X DmDr a) a� ZZ ami Cl) O NN m m ( im n r m °, m 0 O ;u NN A �<nc � n �] tV mart 0o w mm-1 - m C n w w C -- 1 - C n � C � M O O O � 0 = D y� � { O m Z r' Z G)-D o * G) DD m ��m - w Z W m ImIaLw= ;u Ai Qf N O 00 � O Z . v 0 c Of N 0 rn u � O N Z7 N p O r O R O x r N U O � O 123730 3,990 SF 123720 1.154 SF 1.056 SF 123714 3.378 SF 1 23700 900 SF 1'23690 123680 1.200 SF 592 SF 123670 2.458 SF 123660 1,752 SF r _ r A te~ O N rn N O • • EXHIBIT B LEGAL DESCRIPTION All of Lot 172 and that part of Lots 170 and 171 lying south of the Westerly extension of the North line of Lot 172, and that part of Lot 173, Auditor's Subdivision No. 135, Hennepin County, Minnesota, lying Northerly of the Northerly right of way line of State Highway No. 7 EXCEPT the East 50 feet of said Lot 173 as measured at right angles from the East line of said Lot 173. Also that part of the East 30 feet of vacated Woodruff Avenue lying North of State Highway No. 7 and South of a line drawn from the Southwest corner of Lot 171, Auditor's Subdivision No. 135, to the most Southerly point of Lot 11, Linden Park, subject to easement for public records, but including any portion of said East '/z of Woodruff Avenue to be vacated at a future date, according to the plat thereof on file and of record in the office of the Register of Deeds, in and for Hennepin County. Minnesota. • EXHIBIT C LANDLORD'S WORK Tenant accepts premises in "as -is" condition. • • EXHIBIT D OTHER PROVISIONS Base Rent Tenant shall pay Landlord on or before the 1st day of each month, base rent according to the following schedule: Rent Monthly Annual P s.f. Rent Rent January 1, 1997 - December 31, 1997 $ 6.00 $1,995.00 $23,940.00 January 1, 1998 - December 31, 1998 $ 7.00 $2,327.50 $27,930.00 January 1, 1999 - December 31, 1999 $ 8.00 $2,660.00 $31,920.00 January 1, 2000 - December 31, 2000 $ 9.00 $2,992.50 $35,910.00 January 1, 2001 - December 31, 2001 $10.00 $3,325.50 $39,900.00 Tenant shall pay it's prorata share of all operating expenses. Early Termination Should the City of Shorewood decide to discontinue operation of all its municipal liquor stores during the term of this Lease, Tenant shall have the option to terminate this Lease provided Tenant gives Landlord at least six- f 6j four (4) months advance written notice of its intention to do so. Potential Shopping Center Renovation In the event that Landlord elects to renovate the shopping center, Tenant agrees to pay additional rent of an amount not to exceed $665.00. LANDLORD TENANT Shorewood Village Shopping Center, Inc. City of Shorewood M • a Its Its Dated Dated Its EXHIBIT E SIGNAGE CRITERIA Tenant agrees to conform with the signage established by the Landlord. Tenant is responsible for the installation and maintenance of its own exterior signage. Tenant must also comply with the local and municipal rules and regulations relating to signage. • • CHECK APPROVAL LISTING FOR JULY 27, 1998 COUNCIL MEETING CHECKS ISSUED SINCE JULY 15, 1998 CK NO TO WHOM ISSUED PURPOSE AMOUNT 23385 BROWNING FERRIS IND TB LIQ RECYCLING $33.66 23386 LMCIT -SOMI JULY DENTAL INSURANCE 579.62 23387 MN STATE TREASURER 2ND QTR BLDG. PERMITS/C 2,015.26 23388 PEPSI COLA COMPANY POP/MISC PURCHASE 100.75 23389 RGIS INVENTORY SPECIALIST INVENTORY TB LIQUOR 185.56 23390 US WEST COMMUNICATIONS 218.17 23391 MCGUIRE &SONS PLUMBING MAINT 138.85 23392 MIDWEST COCA -COLA CO MISC PURCHASE 993.93 23393 DAHLHEIMERDIST. BEER PURCHASE 1,316.32 23394 DAY DISTRIBUTING BEER/MISC PURCHASE 12,767.80 23395 EAST SIDE BEVERAGE CO. BEER/MISCPURCHASE 6,876.60 23396 MARK VII BEER/MISCPURCHASE 3,468.10 23397 MARLIN'S TRUCKING FREIGHT 148.00 23398 NORTH STAR ICE MISC PURCHASE 232.14 23399 QUALITY WINE & SPIRITS LIQUORNVINE PURCHASE 2,163.73 23400 THORPE DISTRIBUTING BEER/MISCPURCHASE 10,839.50 23401 PERA PERA 2,923.40 23402 ICMA RETIREMENT TRUST 457 DEFERREDCOMP 1,253.07 23403 CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS 1,100.77 _ 23404 ANOKA CO SUPPORT /COLLECT CHILD SUPPORT -C. SCHMID 156.50 23405 MN DEPT OF REVENUE STATE TAX 1,456.99 23406 KATHLEEN HEBERT MILEAGEISEC 125 REIMB 244.30 23407 PAMELA HELLING MILEAGE 13.33 23408 AT &T WIRELESS AIR TIME 126.66 23409 MINNESOTA GFOA CONFERENCEREGISTRA11ON 195.00 23410 THERESA NAAB TUITION REIMB. 231.08 23411 NORTHERN STATES POWER UTILITIES 5,649.46 23412 JOSEPH PAZANDAK MILEAGE 53.95 23413 ALAN ROLEK CONF. EXPJSEC 125 REIMB. 1,011.53 23414 US WEST COMMUNICATION/ADVERTISING 768.90 23415 GANDER MOUNTAIN DAN RANDALL -25 YR. ANNIV. 250.00 23416 BELLBOY CORP. LIQUOR PURCHASE 3,579.43 23417 BELLBOY BAR SUPPLY MISC/SUPPLY PURCHASE 726.60 23418 DAHLHEIMERDIST.. BEER PURCHASE 1,000.50 23419 GRIGGS, COOPER & CO. LIQUORNVINE/MISC PURCHASE 12,424.28 23420 HONEYWELL PROTECTION QTRLYMONrIORING 103.25 23421 JOHNSON BROS. LIQUOR CO. LIQUORWNE PURCHASE 5,968.39 23422 LAKE REGION VENDING MISC PURCHASE 1,879.84 23423 MARLIN'S TRUCKING FREIGHT 153.60 23424 PHILLIPS WINE & SPIRITS LIQUOR/WINE PURCHASE 4,116.27 23425 QUALITY WINE & SPIRITS LIQUOR/WINE PURCHASE 1,007.41 TOTAL CHECKS ISSUED $88;472.50' Page 1 U t 1- C ki: .. .... .... E -CITLET INC j T '1 (W .3. 2 5, f 0 V�[- il I G 11 is if SPRI•IGi CLEAN Ull f 'ECYCLIN 1'.' '2 J N FL U. 1 1 F y R C 2 3 4 0 J T Ur� f f L U S R E V.1 r :H� "Ai C-i Cl U P U2 T r F U H -v Q i'll ill.) A I I I Mi, T Co P — I i T' V Ht: 2 N'S .4 1 C"C"N FI 'NER Rl.E- 2 3 6 E Q U.1 T 2 6 (,`1 1 1 -1 E - L-' C. N E CA L L 1 1*-4 ONE CALL SZERVICE t-YATEF" DE 21 Of, ON)"H; CALL SEERVICE SEIKIE: :" , CIE Tt L FOIF' 'UOPHE,;-R STATE 2 4 -DAT ':. . i - 1 S 1 i "'1 1 "Ol ' u E -* (U4 -11, LEF 1 `-�� , OUP A R K P LA, N E R PARKS 1 1 e 9 i.1 10 Ccqv ,;y P - - . 1 - 1 - Y 2 ("1 M E 3 E' 3 E CO. EQUIP MAINT CIVY G., 1 2 , SHOP S' CITY G 6 Fl, - l y - L TO TAL F C! f ��- jAill E S J . V A E` S S E N.' C. 5 '5 ._'.,: + 1 UNE C-,,'. JUNE SR C R LEGAL -- T 6 8 16 i U 1 `J E L -P A L - R E B - L L 170 C10 JUNIE LE:GAL-PE•RKT!"q^ , I. C- 4 jUNE LEUAL-RYAN TOTA, L FOF�'. KENNEDY • G-R a, h4, - 1 p Up i»'1 c� C 2 L Mj'K • - R l i-MCiD j3U!DX'3EF Coil-INIC" J UN-Ji 0 Z I D S U f T f�*,4' Zj. Zj f 2't t'. I"! Page 2 CITY OF SHOREWOOD CHECK APPROVAL LISF FOR jULY 2& 199b COUNCIL MT(, CHECKU VENDOR NAME DESCRIPTION DEPT. AMOUN] -------- ------------------------- ------------------------ -------- ---------- SUPPLIES CITY GAR 10.64 TOTAL FOR LONG LAKE POWER EQUI 25.5_ 23441 LONG LAKE TRACTOR/EQUIP EQUIP MAINT CITY GAR 65.92 25448 MT I DISTRIBUTING COMPANY EQUIP MAINT CITY GAR 21.66 23449 MEDTOX LABORATORIES DRUG TEST -------- 46.01-D 23450 METRO COUNCIL ENVIRONMENT AUGUST SEWER TREATMENT SEWER DE 25,524.08 23451 MIDWEST ASPHALT CORP. TACK/BLACKTOP STREETS 1,312.1,/' 234b2 OFFICE DEPOT OFFICE SUPPLIES GEN GOVT 8S.68 1 1L53 50.00 MINNESOTA ASSOC OF ASSESS LABELS—ASSESSOR RFP GEN QOVT 23454 MN SUN PUBLICATIONS LEGAL ADS -------- LEGAL ADS FINANCE 885.56 TOTAL FOR MN SUN PUBLICATIONS 1,022.40 234SS MUNITECH, .II' C_ AUGUST WATER MAINTENANCE WATER DE 4,S3O.00 AUGUST SEWER MAINTENANCE SEWER DE 2,070.00 TOTAL FOR MUNITECH. INC. 6,900.00 23456 NAVARRE TRUE VALUE PARK SUPPLIES PARKS & 81-16 SUPPLIES CITY GAR 37.•8 EQUIP MAINT WATER DE 8.49 TOTAL FOR NAVARRE TRUE VALUE 127.33 •. di..../ ! "!LI f i MITTS MUTT MITTS PARKS & 179.82 23458 NORWEST INVESTMENT SYS IN SR COMM CTR 4 CAPITAL 18,171-97 2S459 ORONO, CITY OF: JULY ANIMAL CONTROL PROT INS 1,34S.01 23460 PAWS, CLAWS R. HOOVES PET JULY AIC !MPOUNOS PROT INS 273.7-1. 23461 ROGER A. ANDERSON & ASSOC STORM WATER REPAIR -------- 1,100.0c. 23462 LUBRICATION TECH, INC OIL CITY GAR 296.95 23463 SAM "S CLUB GENERAL SUPPLIES MUN BLDG 1yo.1*1 OFFICE SUPPLIES GE• GOYT 46.14 TOTAL FOR SAM'S CLUB 217.51 23464 SH ORE WOOD TREE SERVICE TREE REMOVAL DA MAO SANIT/WA 1,172.44 23465 50 LK MTKA PUB SAFETY DEP AUG BUDGET POLICE P 39,23Y.9/j, MAY BOOKING/RESERVE BANQ POLICE P TOTAL FOR SO LK MTKA PUB SAFET 3KY38,10 23466 TIME SAVER OFF SITE SEC PLAN COMM MINUTES PLANNING 127.7�`.c Page 3 CHECK9 VENDOR NAME -------- ------------- CITY OF 3HOREWOOD CHECK APPROVAL LIST FOR JULY 27 1998 COUNCIL MT(�' DESCRIPTION DEPT- AMOUNT -------- ------------------------ -------- ----------- GEN GOVT I20'50 248-25 CITY GAR 71'05 WATER DE 302'47 SEWER DE 236-30 LIQUOR 93'92 631'69 GEH GOVT 202-3.- CITY GAR 76-76 CITY GAR 8'47 CITY GAR 67'07 76-54 WATER DE 1,211-13 -------- 390.O0 -------- 2,623'50 -------- 26-60 ENGINEER 1,424.74 PROJECTS 31I.50 PROT INS I,002.50 5,778'74 CITY GAR 88,96 CITY GAR 41-64 TOTAL CHECKS FOR APPROVAL 189,797-26 278,269'76 *** TOTAL CHECK APPROVAL LIST Page 4 COUNCIL MTG MINUTES TOTAL FOR TIME SAYER OFF SITE 23467 TONKA AUTO AND BODY SUPP EQUIP MAlNT 23468 TOHKA BAY—CITY OF 2ND QTR WATER PURCHASE 2ND UTR SEWER TB LlQ UTILITIES TOTAL FOR TONKA BAY—CITY 0F 23469 TOHKA PRINTING CO- BUSINESS CARDS 23470 VICTORIA REPAIR AND MFG EQUIP MAIN!' ��p47l NACOHlA FARM SUPPLY SUPPLIES �� ~ SUPPLlES TOTAL FOR WA[OHlA FARM SUPPLY 23472 WATERPRO I WATER METERS 23473 NSB AND ASSOCIATES JUNE ENG—RE8lLL JUNE EMG—RE8lLL JUNE GENERAL EHG ' JUNE GENERAL ENG JUNE EMG—STRAWBERRY LN JUNE ENB-8ADGER WELL TOTAL FOR NS8 AND ASSOCIATES 23474 ZER MANUFACTURING SUPPLIES 475 IIEGLER, INC. EQUIP hAlNT GEN GOVT I20'50 248-25 CITY GAR 71'05 WATER DE 302'47 SEWER DE 236-30 LIQUOR 93'92 631'69 GEH GOVT 202-3.- CITY GAR 76-76 CITY GAR 8'47 CITY GAR 67'07 76-54 WATER DE 1,211-13 -------- 390.O0 -------- 2,623'50 -------- 26-60 ENGINEER 1,424.74 PROJECTS 31I.50 PROT INS I,002.50 5,778'74 CITY GAR 88,96 CITY GAR 41-64 TOTAL CHECKS FOR APPROVAL 189,797-26 278,269'76 *** TOTAL CHECK APPROVAL LIST Page 4 • 4 Page 5 PAGE I C H E C K R E U I S i E p C H E C K, CHECK EMPLOYEE NAME CHECK CHECK TYPE DATE NUMBER NUMBER AMOUNT CON 7 21 98 115 LAWRENCE A. BROWN 213169 1521.34 CON 7 21 98 150 HEATHER A. BLECHTA 213170 162.45 CON 7 21 98 170 RYAN C. BLECHTA 213171 93.71' CON 7 21 98 300 ROGER D. CHAMPA 213172 184.70 CON 7 21 98 325 ANGELA M, COLE 213173 664.75 CON 7 21 98 350 THOMAS A. DAHLBERG 213174 230.87 CON 7 21 98 500 CHARLES S. DAVIS 213175 786.21 CON 7 2 1 9 8 775 JAMES C, EAKINS 213176 62. 79- CON 7 21 98 810 MICHAEL R. FIELDS 213177 324.83 CON 7 21 98 1100 JOHN j. GARFUNKEL 213178 184. 0-1 CON 7 21 98 1150 SUZANNE M. GRAHN 213179 203.6C CON 7 21 98 1160 TWlLA R. GROUT 213180 567.82 CON 7 21 98 1190 KATHLEEN A. HEBERT 213181 506.7. CON 7 21 98 1400 PATRICIA R. HELGESEN 213182 522.94 CON 7 21 98 1410 PAMELA J. HELLING 223183 520.3.5 C. 0 Ml 7 21 98 1430 KELLY M. HEN TGES 213184 198.68 CON 7 21 98 1550 JAMES C. HURN 213185 1721.90 CON 7 21 98 1575 TROY M. IVES 213186 150.30 CON 7 21 98 1601 BRIAN D. JAKEL 213187 45.25 CON i 21 98 IlOO JEFFREY A. JENSEN 213188 942. 06 CON 7 21 98 1800 DENNIS D. JOHNSON 215189 936.01. CON 7 21 98 1810 ERICA E. JOHNSON 213190 412-09 CON 7 21 98 1999 KELLY F- J03EPHSON 213191 113.12 CON 7 21 98 2100 WILLIAM F. JOSEPHSON 213192 629.75 CON 7 21 98 2500 SUSAN M. LATTERNER 213193 664.75 CON 7 21 98 2800 JOSEPH P- LUGOWSKI 213194 1025.09 CON 7 21 98 2305 JASON R. LUND 2131•5 208. &D CON 7 21 98 2900 RUSSELL R. MARRON 213196 35.25 CON 7 21 98 2910 BRADLEY J. MASON 213197 733.77 CON 7 21 98 3000 THERESA L. NAAB 213198 609.63 Cori 7 21 98 3100 LAWRENCE A. NICCUM 213199 1151.34 CON 7 21 98 320-D ANTHONY L. NI COL. 1 213200 483.77 CON 7 21 98 3400 BRADLEY j. NIELSEN 213201 904-41 CON 7 21 98 3430 GERALD A. O'NEILL 213202 184.70 CON 7 21 98 3475 BRENDA S. PAUTLER 213203 51.72 CON 7 .21 - 98 3500 JOSEPH E. PAZANDAK 213204 1116.25 'ON :7 21 3580 CHRISTOPHER J. POUNDER 213205 946.27 CON 7 21 98 3600 DANIEL J., RANDALL .213206 1050.78 CON *7 21 9S 3650 BRIAN C. RIENSTRA 213207 61.42 CON 7 21 98 3701 BRIAN M. ROERICK 213208 50.53 C ON 7 21 98 3800 ALAN J. ROLEK 213209 1150-15 CON 7 21 98 3815 MICHAEL J. RUFFENACH 215210 315.69 CON 7 21 98 3900 CHRISTOPHER E; SCHMID 213211 461-86 CON 7 21 98 4175 ANDREW R. SMITH 213212 74.34 CON 7 21 98 4250 JOIN T. SPICER 213213 163. TO CON 7 21 98 4500 KRIS TI STOVER 213214 184-70 CON 7 21 98 4525 DANIEL D. STRAND 213215 183.58 CON 7 21 98 4575 REBECCA A. TARVIN 213216 157.51 COMPUT ER CHECKS 23662.01 MANUAL CHECKS .0C NOTICES OF DEPOSIT . 00 Page 5 J July 25, 1998 Dear Shorewood City Council, About two years ago we made the decision to purchase the property located at 5615 Eureka Road for the following reasons: 1) It was in our best interest to control what happened to that property. The property had always been a mess. Neighbors had been allowed to use the woods as a city dump for years prior to our purchase. We felt that if we did not purchase the property two things could happen. Either a builder would come in and put up a huge house, possibly destroying the beautiful old trees, or someone would purchase it and keep it as it was, a complete mess. We certainly didn't need any more of those in this neighborhood.! 2) We were in the process of looking for storage for our business's tools, equipment and materials and decided the barn (building in question) would serve that purpose. We put the money that would have been spent on monthly rent for storage space towards the increased mortgage payment. 3) We enjoy wide open space and wildlife and wanted to preserve the beauty of the site. Our intentions have always been to tear down the house that exists on the property and just leave the land open like a park. The house is not in rentable condition and remodeling doesn't make sense financially. We have now come to find out that in order to destroy the house that exists on the property, a city ordinance requires us to destroy the barn also. This is a very big issue to us for many reasons: 1) The storage space as mentioned above is severely needed. 2) It blocks our view of other neighbors unsightly property. 3) It adds character to the property and the neighborhood. 4) It would be a shame to destroy a perfectly good old (possibly historic) building for no sensible reason. Consolidating the property with our adjacent property (5645 Eureka Road) is not an alternative as we have one mortgage covering both parcels. The mortgage company will not allow a consolidation because the value of the property decreases if consolidated. It could be that they may not allow us to destroy the barn also. We ask that you consider our request to do whatever is necessary to allow us to keep our barn. We feel that we have made a positive impact on the community by cleaning up the neighborhood and by preserving the trees and open space. Please take into consideration the following: 1) We spent tremendous amounts of effort, time and money to clean up the property. It took lots of backbreaking work and thousands of dollars in dump fees, dumpsters and hired help. r 2) We spent about $2,000 having all the huge trees on the property trimmed. Our tree trimmer stated that by doing that we probably prevented losing some huge old trees in this years storms. 3) We recently spent $1,500 having an old underground fuel tank removed that was underneath the driveway of the property. 4) We have been working with the Excelsior Fire Marshall to allow the fire department to use the house for practice drills. He has stated that it would be the best house they have ever been allowed to practice in and finally burn. 5) We are also more than a little frustrated and feel that every time we turn around our quality of life in Shorewood is being decreased. For eight years we have been dealing with the noisy snowmobiles, recently the noisy dirt bikes behind our property, added traffic to Eureka Road due to over development of the area, and a few years ago having city water forced on us. We are still trying to learn to live with all the noise and traffic and have been assessed for the water improvements. 6) We are not asking to erect a new building on the site, just save a perfectly good one that already exists. 7) We understand that recently an ordinance was changed to accommodate a residents desire to build a green house on his residential property that is now being used commercially. 8) If we are not allowed to destroy the house without destroying the barn, our only alternative will be to let the house sit and rot. It certainly is not what we wish to do, but we really won't have any other choice. 9) We have always tried to keep our property looking nice and have made huge efforts to preserve a little bit of Eureka's history and beauty. We feel that everything we have done to our property thus far has been positive for the neighborhood and community. We have no intentions of moving anytime in the foreseeable future and do not have plans to build on the property or of selling it. Thank you for your time and consideration. Sincerely, Mike Herman 5645 Eureka Road Shorewood, MN 55331 4 cti_ Lori Herman I FROM : PHONE NO. : 1 612 470 4543 JUL. 24 1998 12:27PM P1 n Kurt and Guadalupe Pfaff 6075 Maple Leaf Circle Shorewood, MN 55331 July 23, 1.998 Dear Mr. Hum and the Shorewood City Council; When our family moved to 6075 Maple LeafGrcle in January of 1992, the decision had already been made to place a Stop Sign at this location by the Shorewood City Council. In the spring of 1995, without any notification to anyone in the Shorewood Oaks Community this stop sign was removed ' and placed a block further up the street at 26340 Shorewood Oaks Drive. Several near accidents occurred and after several calls to City IWI it was determined that Jennifer McCarthy (recently elected city council member), had authorized this change, to 26340 Shorewood Oaks Drive, a spot which she had long lobbied for when she was a private citizen, a spot which ironically was at her address. We were informed that this arbitrary decision was made because Mrs. McCarthy had been .approached by several of her neighbors to see if a stop sign could be placed at this Iocation in an effort to ease some of their traffic concerns. Since this change occurred without the knowledge of the neighborhood I took it upon myself to canvass the "entire" neighborhood to see if this change was something they felt was needed, and at the same time ask for their signatures on a petition , requesting that the stop sign be replaced on the corner of 6075 Maple Leaf Circle and Shorewood Oafs Drive. The petition with over 75% neighborhood signatures was submitted. At the next council meeting several neighbors representing many different areas in our neighborhood spoke and requested the return of the stop sign. In addition they asked that the speed limi in our neigliborhood be reduced . The counciI `s response was that they "thought" they would be unable to lower the speed limit in this neighborhood of over 100 children but that they would look into it and conduct studies to see if it was feasible, warranted or necessary. Studies would also be conducted to see if the "new" placement of the stop sign was an effective means of traffic control for the whole neighborhood. These "studies" were conducted and we were informed of the results by mail, one day before the next council meeting_ The results showed that the stop sign at its present location was an effective deterrent to traffic and that the speed limit could not be lowered, for several reasons one of them being that other Shorewood Communities would then. request the same action in their neighborhoods to help protect their children. No studies were done before the stop sight was removed, therefore invalidating any kind of "comparison. study". It is easy to support a decision with studies done after the fact. With only .a days notice many of the Shorewood neighbors attended the council meeting with many question and comments. They were all shot downn and not allowed to speak. This entire meeting was a shocking and eye - opening experience of democracy at its worst ,4, � FROM : PHONE NO. : 1 612 470 4543 JUL. 24 1998 12:27PM P2 There are no sidewalks in the Shorewood Oaks Neighborhood. Neighborhood streets are the only place available for little children to ride their big wheels, trikes, bikes, and to skate. In the time since the stop signs removal the children population in Shorewood Oaks has doubled, a pet was killed by a car (who didn't have time to slow down before hitting and killing a neighbors full grown black lab), and through traffic has greatly increased. The safety of our children continues to be jeopardi2ed- We respectfully request that a stop sign. be replaced at the intersection of Shorewood Oaks Drive and Maple Leaf Circle. In addition I would like to request once again that the Shorewood City Council help us to protect all Shorewood Children by working with its citizens to lower the speed Iimit for ALL SHOREWOOD NEIGHBORHOODS, to a safer 20-25 miles per hour. ....., irnfnr�!mnini �»o�.lanU3 UnA1,�l to � ftgnrLt r._[»llr mPrtinsr and horr that Stop Sign- Sincerely, r u! and Guadalupe Pf 1 , �1 8 4 1998 To: Shorewood City Counsel Fax: 474 -0128 From : Kreg and Lisa Levine 26325 Oak Leaf Trail Shorewood, MN 55331 July 23, 1998 Please be advised that we oppose any change of stop sign placement in the Shorewood Oaks development. Changing placement of the stop signs as proposed will result in more traffic on Oak Leaf Trail. We feel this would create even a more dangerous situation for our children. Simple, traffic will take the path of least resistance. Our neighborhood is being used as a cut through to state highway 7. But was never planned that way, So why doesn't the city counsel address the real issue, poor planning. Now the only solution is to close the entrance to Highway 7. We will support any proposal for this action. Lisa Levine I ' d 0 3a01S NI 35U5 BE:OT 86, 62 -inf AFFORDABLE LENDING AND HOUSING REHABILITATION PROGRA;�I Good news for those seeking information regarding these programs. Together, the Minnesota Housing Finance Agency and the Minnesota Mortgage Bankers Association have developed an ":Affordable Housing Homeownership Directory ". This directory is intended to help first - time homebuyers, current homeowners interested in fixing up their home, those in need of credit counseling, housing professionals and many others! Brochures explaining this new service are available at City Hall. To use the directory, call 296 -7925 or 1 -800- 934 -7325. SNOWMOBILING continued from page 3 or videotape; additional signage; educational programs, physical barriers; and additional patrol by the Hennepin County Water Patrol and Sheriff and South Lake Police. A report is to be submitted to the City Council (including major- ity and minority opinions) at this time next y ear. Citizens want to know... Z_ Why don't they put in more stop signs? A stop sign is one of our most valuable and effective control devices when used at the right place and under the right conditions. One common misuse of stop signs is to arbitrarily interrupt through traffic, either by causing it to stop, or by causing such an inconve- nience as to force the traffic to use other routes. Where stop signs are installed as '`nuisances" or "speed breakers," there is a high incidence of intentional violation. In those locations where vehicles do stop, the speed reduction is effective only in the immediate vicinity of the stop sign. and fre- quently speeds are actually higher between intersections. For these reasons, stop signs should not be used as a speed control device. A school crossing may look dangerous for children causing parents to demand a stop sign to halt traffic. A vehicle which previously had a problem for the three seconds or so approaching and passing that intersection now has a problem for a much longer period of time. Both the The 1995 Citizen Service Evaluation Survey response shows an increase in the rating for our recycling program. It is our quest to continue to improve this service for all residents. If you have any questions or concerns contact either City Hall at 474 -3236 or E -Z Reycling at 644 -6577. vehicle and the pedestrian have a problem deciding when to cross or start up. There are no longer normal gaps in traffic through which pedestrians can safely cross. An intersection that previously was not busy now looks like a major intersection, even though it isn't. It doesn't even look safer, and it usually isn't. Most drivers are reasonable and prudent, with no intention of violating traffic revelations. However when an unreasonable restriction is imposed, violations are more likely to occur. An unreasonable stop sign can create a false sense of security in a pedes- trian and an attitude of contempt in a motorist. This can lead to tragic results. Well - developed, nationally recoenized guidelines help to indicate when such controls become necessary. These guide- lines include: • probability of vehicles arriving at an intersection at the same time; • length of time traffic must wait to enter; and • availability of safe crossing opportunities. This article was written by George Calebaugh, Brooklyn Park Traffic Engineer Shorewood City Council meetings are cablecast on Channel 8. Check your TV schedule for days and times.