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091189 CC Reg AgP ..' :. 1-_ ~ .: .. t CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 11, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . AGENDA 'I. CONVENE COUNCIL MEETING l- .A. 1\,) B. Pledge of Allegiance / r,// V V Roll Call Stover Mayor Haugen Watten Brancel Gagne 1.",c. Adjournment of August 28, 1989 Meeting ~ ,D. Approval of Agenda 2. APPROVAL OF MINUTES /s A. Regular Council Meeting - August 28, 1989 (Att.No.2A-Minutes) 3. CONSENT AGENDA A. A Resolution setting the date for the Public Hearing on the 1990 Budget; Resolution No.71-S9; for October 9, 1989 and reconvene if necessary on October 23, 1989; (Att.No.3A-Resolution) B. The Contract for Assessing Services, with Rolf Erickson, for 1989-1990, at a cost of $29,900.00; (Att.No.3B-Contract) C. The 1990 Budget.amount of $74,039.00, for Fire Protection and the Fire Marshal from the City of Excelsior. (Att.No.3C-Budget) Moved by Second by Motion Carried ~~ oA'(~'1f 4. COMMISSION REPORTS A. Planning Commission 1. 2. B. Park Commission '1'-'.\ 1. 2. \j "\f) -1- ... ". J ~. '\ AGENDA - MONDAY, SEPTEMBER 11, 1989 PAGE 2 5. SETBACK VARIANCE 10. V ~'(-ll. '''1 \ RESOLUTION (Att.NO.6-ReSOlut~ Findings of Fact) Applicant: William waples Location: 5685 Echo Road 6. SETBACK VARIANCE - FINDINGS AND Applicant: Siegfried Weissner Location: 26780 Smithtown Road 7. SETBACK VARIANCE Applicant: Stanley and Delores Theis Location: 21055 Forest Drive 8. SHORELAND ALTERATION VARIANCE Applicant: R.D. Nelson Location: 5230 Howards Point Road 9. LOT AREA VARIANCE Applicant: James Miller Location: 5860 Hillendale Road SIMPLE SUBDIVISION/LOT COMBINATION . (Att.No.5A-Refer Packet of August 28, 1989 and Att.No.5B-planner's Letter to Waples September 6, 198.9) (Att.No.7-Staff Report) (Att.No.8-Staff Report) (Att.No.9-Staff Report) Applicant: Jim Deanovic Location: 28005/28015/28025 Boulder Bridge Drive (Att.No.lO-Staff Report) CONDITIONAL USE PERMIT - MANOR PARK - TEMPORARY WARMING HOUSE (Att.No.ll-Staff Report) 12. PLANS AND SPECIFICATIONS - FREEMAN PARK BALLFIELD FENCES - Authorize City Engineer to take Bids 't'. 13. INCIDENTAL USE OF PUBLIC RIGHT-OF-WAY Applicant: Carrie Dorfman Location: 25845 Birch Bluff Road -2- (Att.No.13-Staff Memo) ~ -A , . -AGENDA - MONDAY, SEPTEMBER 11, 1989 PAGE 3 .. . 14. REVIEW OF MINNEHAHA CREEK WATERSHED - 509 PLAN PRESENTATION: ROBERT RASCOP 15. MATTERS FROM THE FLOOR 16. STAFF REPORTS A. Enqineer's Report 1. Glen Road Drainage, 2. B. Attorney's Report '- '.. 1. Tonka Bay Water and Sewer Agreement (Att.No.16B-1-Agreement) 2. C. Planner's Report 1. City Hall .lmprovl::mc.ftts 2. Revised Plan - Vine Hill Road Intersection D. Administrator's Report 1. Freeman Park Expenditures 2. AFSCME Letter Road Intersection/Christmas '" ) l'- If! \f\; t . ~\i ,( . ~. .- ~~~ Lake 3. Section 125 - Cafeteria Benefit Plan 4. Announcements 17. COUNCIL REPORTS A. MAYOR'S REPORT B. COUNCIL'S REPORT 18. APPROVAL OF CLAIMS AND ADJOURNMENT ~. -3- - .~ ,~ _,.4' ,..,..~,.dJ,At:""ti'- ~~~.. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 28, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., August 28, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover and Gagne. Staff: Attorney Froberg, Engineer Bob Frigaard, Planner Nielsen, Administrator Whittaker, Clerk Kennelly and Public Works Director Zdrazil. APPROVAL OF AGENDA Nielsen requested that Agenda Item No.15A-2-City Hall Improvements deleted as the report has not been completed. Stover moved, seconded by Brancel to approve the Agenda as amended, deleting Item No.15A-2. Motion carried - 5 ayes. c~~ Gagne moved, Stover seconded, to approve the minutes of the~Study Session '1'~ _.._H ."-_Li"" ..,elj.ugust 7, 1989, as amended on page 3. Motion carried - 4 ayes - 1 Abstai~d (Watten) APPROVAL OF MINUTES Gagne moved, Brancel seconded, to approve the minutes of the Monday, August 14, 1989, as amended on pages 2 and 3. Motion carried - 5 ayes. CONSENT AGENDA Brancel moved, seconded by Stover, to approve the Consent Agenda~ A. "An increase from .22C to .24C per mile in the mileage reimburse- ment rate, per IRS tax guidelines." ?- Motion carried - 5 ayes. -1- c:??ff . . MINUTES - MONDAY, AUGUST 28, 1989 PAGE 2 COMMISSION REPORTS Planning Commission Stover stated that the Planning Commission held a number of public hearings and she will report on their recommendations as the items are addressed on the agenda. Park Commission Mark Laberee, Chairman of the Park Commission, reported on the action discussed at their meeting held August 22, 1989: 1. Retain a Park Planner/Landscape Architect for expert help with ~ planning the parks and possible bond referendum for improvements. 2. Commission is waiting to review the plans and bids on the Freeman Park fencing. 3. A questionaire was developed for the Silverwood Park improvements. 4. They discussed the weeds around Manor Park pond and recommended they be left in a natural state. 5. Commission recommended that the football/soccer field be staked in conjunction with the ballfields. 6. They requested additional signage along the trail including "logo" "Welcome" and notice of no motorized vehicles allowed, except snowmobiles. Park Planner/Landscape Arch~tect Proposal Council supported obtaining letters of intent to determine the service that would be supplied by certified landscape architects. Haugen questioned the need to "retain" an architect, "on call" may be suitable. Silverwood Questionaire Council directed the Administrator to work with the Park Commission to finalize the Silverwood Park Questionaire. Approval of Additional Signaqe on Trails Watten moved, seconded by Gagne, to approve the additional signage on the Hennepin County Railroad right-of-way trail at all road crossings for safety reasons. Motion carried - 5 ayes. Zdrazil estimated the cost for signs and maintenance at $500 plus posts. The staff will notify the~ounty Railroad Authority of the improvements that have been made to their right-of-way. -2- MINUTES - MONDAY, AtltST 28, PAGE 3 1989 . COMMISSION REPORTS Park Commission - Continue Stake Football/Soccer Field Council instructed the Engineer to stake the football/soccer field when staking the ballfield fences. Parking Lot Posts Gagne moved, seconded by Brancel, to approve the installation pf posts and chains to outline the parking lots at Freeman Park, estimated cost of $4,500. Motion carried - 5 ayes. AWARD THE SALE OF GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 1989A RESOLUTION NO.68-89 Finance Director Rolek introduced Bob Thistle of Springsted Inc. Mr. Thistle informed the Council that the Rating Committee of Moody's Investors Service, Inc. has revised Shorewood's Bond rating from Baa 1 to A. The change in the rate saved the City between $25,000 and $26,000 in interest costs on this Bond issue. Haugen explained the poor early 1980's. She stated to correct this problem. cooperating with the City financially solvent City. financial condition the City was in during the that the taxes were nearly doubled in an effort She thanked the staff and the City residents for and allowing them the resources to establish a The Mayor announced that the next order of business would be the considera- tion of bids for the purchase of $1,095,00 General Obligation Improvement Bonds, Series 1989A as advertised for sale. The City Clerk then presented the bids which had been delivered to her prior to the time specified in the notice of sale and said bids had been opened, examined and found to be as set forth in the bid schedule pre- sented to the Council. (see attachment A for bid schedule). Stover moved, seconded by Gagne, to accept Springsted's recommendation and adopt Resolution No.68-89, "A Resolution awarding the sale of $1, 095,000 General Obligation Improvement Bond Series 1989A to First Bank National Association." Motion carried - 5 ayes by roll call vote. Closing date for the sale of the issue is October 1, 1989. SIMPLE SUBDIVISION/COMBINATION 5955 CAJED LANE/27055 SMITHTOWN ROAD RESOLUTION NO.69-89 Mr. Peter Holmberg, of 5955 Cajed Lane and Ms. Barbara Nygaard, of 27055 Smithtown Road presente~ their request for a simple subdivision and combination to improve their lot configurations. Stover stated that the Planning Commission unanimously approved the request and complimented them on their good neighborhood cooperation. -3- '8 r.-"'-- . r f ... - tl'-eJ.-1- /;:: ..( p I 0.. \ n e..- cl -t In e. -z..o~#'" "I OCd,I'\O-Y', e-€.. \"\0"'\ ~OY\~OlrY\\'<'''' \ '0- c.- '(' ec_ ~ -e- cl . :S +1' '-'--~-\- u.-,~ d ~ n'> 0 n -:; + ro.- + e... d '~,+ .@J" ~, ( '1--'0 , 'Tne ~\O-nne-, Q. D u..... \ ~ \2..,)(: f' Q'0 c\ \ n f\- -ot \ V'\ <::.- (' e 0-.-:'> e. -t h €- o'o~\2...~~\O'0"=> we-<-€- CD lJo \,Q,d --:, h \ e \'Y\c.-J e., U-J '- -'<- no '--'-' '\ a. >.JQ'\~CLY'.<:""~ u....-:,~ C:-.O- "'" 'n e.. -"r'ne.- de~S o...UcU,)J <';.'>(rQ"'~\ov-. D<r c- wI-. e-~ 1:::h~ Co- -a \ e. S. ~ ~ -t: 1"1 L n <.:> I{\ c..1l1"\ ~ 0 1" """ , .{. '-\ UJ O-L-r:s i. h e.. 0... ~ r I \ C 0->". + b u- \ \ do- b l ~ 0-, e<L 0.., '<'7 c\ the r e... f: 0 r t lDG..-'S e- c\ f'\00CCl\'\~' Df'IY',- tL\, 'he.... Ot-pfl\e-~V'\.+~ de.. 'Cll ~ Y'. ~ \' \t-~r-~ c- W0--~ Or- ~ d 't':- '('C\ DVY51- T" 0- -t \:,.. e-I ';.0 u ., ~ -:::, \" ~ ~ (' e.,.o... 'Cl 0'\\ 0-- ~ I ~ MINUTES - MONDAY, A~ST 28, 1989 -PAGE 4 . SIMPLE SUBDIVISION/COMBINATION 5955 CAJED LANE/27055 SMITHTOWN ROAD - Continue RESOLUTION NO.69-89 Stover moded, seconded by Watten, to approve Resolution No.69-89, "A. Resolution granting the simple subdivision and combination of 5955 Cajed Lane and 27055 Smithtown Road subject to the 4 recommendations set forth by the Planner's report dated, August 14, 1989. Motion carried - 5 ayes. SETBACK VARIANCE REQUEST - 26780 SMITHTOWN ROAD Attorney John E. Vukelich represented Mr. Siegfried Weissner, of 26780 Smithtown Road, in his request for a setback variance and variance to increase the nonconformity of a nonconforming structure. ~l.. Stover rep~rted that the Planning C.., 0 mmiS,S..ion unanimously recommended denial I. of Mr. Weissner' s request ...after FRCa3tlL ..i..H'j LILt:: rc.qtle:~t o ']a ; P lit +-1-.0 ~:i~~l~~ a~~~~~::~'n:~ ~~;;. harr1~r1prW; n; n1 t~at il' re:a3~H(1L!T= , Gagne questioned why Mr. Weissner had been issued a permit to add into the setback area ten years ago, but now the City is prohibiting a second story to the structure. Nielsen stated that it could have been a possible error. Stover reviewed the Ordinance allowing the expansion o~ nonconforming structure when the nonconformity is not expanded. Sh'~:~~MHilD Lllt::Lt! is <<vailable space to expand SG as nor to incrcaue-t Y u d t n. Brance and Gagne U support the second story expansion of the existing structure. ~b ~J Watten moved, seconded by Stover, to direct the City Attorney to prepare V Jfindings of fact to be submitted for action at the next meeting to deny jJ the variance as recommended by the Planning Commission. Motion passed - 3 ayes - 2 nayes (Brancei and Gagne). REZONING AND PRELIMINARY PLAT - HEIGHTS OF ST. ALBANS BAY - REQUEST WITHDRAWN Mr. Dan Blake, Engineer from Sather and Berquist Inc. was present with developer, Mr. Gene Erickson. Mr. Blake reviewed the request for re- zoning from RIA to RIB which complies with the Comprehensive Plan. Mr. Blake stated that the steepness of the street has become the main issue. They had redesigned the street from a 10% grade to 8% and oppose a flatter grade for the street as they feel it would adversely affect the site, nearly forty trees may have to be removed if the street design is required to be further altered. The Planning Commission has recommended nothing over a 6% grade. Mr. Blake asked the Council what their feeling is regarding the rezoning request and street design. Stover stated that the request has already been reviewed twice by the Planning Commission. The concern of the Planning Commission is the St~pR88D'9f t~8 ..v- and the density requested on the site. A new house has been constructed and the location of that .3. Ck0::{iJ . ~.... (;, Q-L . . MINUTES - MONDAY, AUGUST 28, 1989 PAGE 5 REZONING AND PRELIMINARY PLAT - HEIGHTS OF ST. ALBANS BAY - REQUEST WITHDRAWN - Continue dwelling appears to preclude the proper street slope from being achieved. Haugen explained that if the Council is to act, they have to act on the request as presented at the public hearing before the Planning Commission. If the Council concurred with the Planning Commissions recommendations to deny, a new plan could not be submitted for 6 months. Mr. Erickson withdrew his request at this time and stated that he will reapply to the Planning Commission. APPLICATION FOR PERMIT TO ENCROACH AND APPEAL OF "NOTICE TO REMOVE" ZONING AND RIGHT-OF-WAY VIOLATION - 26390 NOBLE ROAD Mr. Paul Thulin and his attorney Mr. Frank Holm, presented his application for a permit to allow his fence to encroach on the public right-of-way and to appeal the "Notice to Remove." Mr. Holm's stated that Mr. Thulin will proceed with a variance request for the placement of his boat. The application and appeal, at this time, is for the fence only. The fence was constructed without a permit and within 2' of the paved surface of Noble Road. Mr. Holm referred to Thulin's letter of June 27, 1989, re- garding a police report on damage being done to his property by vehicles crossing over his lot into a vacant parcel to the west. Holm asked that the City issue a permit for the use of public right-of-way. Nielsen did recognizr the traffic control problem and suggested, in his memo of August 11, to block off the access with posts and give the adjoining property owner the opportunity to erect a gate. Mr. Thulin said the hazard created by the fence is out weighed by the safety afforded his property. Zdrazil stated that the fence location is as dangerous as a tree on the right-of-way, if hit by a snowplow, also the fence leaves no room to pile snow. Zdrazil recommends 15' of right-of-way needed for piling snow. Froberg spoke with the police department on the incidental use of the right-of-way as proposed by Thulin. Although Mr. Thulin offered to obtain insurance to protect the City, the City would still be named in a lawsuit if an accident occurred due to the location of the fence on the right-of-way. There is no place for a pedestrian to walk except in the street with the fence in its present location, which could be a hazard. Haugen questioned the responsibility of the owner of the vacant property, to block off the access rather than City involvement. Watt en is not in favor of allowing the fence on the public right-of-way. Thulin asked that the City be responsible for damage to his property if the fence must be removed. Council stated that he can protect his property by replacing the fence on his property line. :t~ Holm stated that Mr. Thulin has agreed to remove the fence when the road is extended. He will supply the indemnification and he would plow the street in that area for the City and move the fence back to allow a vehicle to get off the road surface. -5- MINUTES - MONDAY, A~ST 28, 1989 PAGE 6 . APPLICATION FOR PERMIT TO ENCROACH AND APPEAL OF "NOTICE TO REMOVE"- ZONING AND RIGHT-OF-WAY VIOLATION - 26390 NOBLE ROAD - Continue Stover moved, seconded by Brancel, to deny an incidental use of right-of- way permit for the fence as the City requires the area remain open for snow plowing, repair of utilities and for the safety requirements of a public street. Motion carried - 5 ayes. Brancel moved, seconded by Gagne, to direct the fence be removed off of the right-of-way, no later than October 1, 1989. Motion carried - 5 ayes. APPROVAL OF 1990 MOUND FIRE CONTRACT The Fire Contract with the City of Mound has been reviewed by the Adminis- trator and Attorney and recommended for approval by the City Council. ( Watten moved, seconded by Stover, to approve the Joint Cooperative Agree- ment and Contract for Fire Service with the City of Mound for 1990. Motion carried - 5 ayes. AMESBURY EARTH CHANGE PLAN Mr. Gene Zaske, President of the Amesbury Assoc., represented the associa- tion in their request for approval of an Earth Change Plan. Mr. Zaske referred to the packets of information they supplied for their request. He reviewed their study done in an effort to keep the ponding area from drying up. These ponds are wetlands and they feel these areas should be preserved. A well permit was obtained from the City subject to the Engineer's approval to drill a well to refill these ponds. The DNR restricts the taking of ground water to 10,000 gallons a day/l,OOO,OOO gallons a year. Council discussed the selling of City water versus allowing the well to be drilled. Staff does not support the added use of the City wells for this purpose. The Amesbury A~sociation has agreed to place a valve on the well that will restrict the flow to 10,000 gallons a day. The equivalent use of 10,000 gallons a day would be similar to four 1" garden hoses running for 3 to 4 hours. The Association would also agree to the restraints on sprinkling ban, odd/even sprinkling days. They stated that their concerns are preserving the wetlands, preventing cracking of the bottom of these ponds and preserve the wetlands to sustain the water fowl. COUNCIL BREAK: 9:28 P.M. 9:35 P.M. Council expressed their concern for the effect the well may have on the aquifer. Brancel questions if a precedent was being set and opening a door for many of these kinds of requests. Mr. Zaske felt the cost would prohibit the requests. Watten questioned their concern that the bottom of the ponds may crack, he stated that ponds go through a natural progession of filling and drying out over the years. Gagne moved, seconded by Haug~n, to grant the Earth Change Plan to the Amesbury Association. Motion carried -3 ayes -2 nays (Watten and Brancel) Stover moved, seconded by Gagne, to approve a well with a water monitoring device and subject to the requirements of the Engineer in his letter of August 23, 1989. Motion carried - 3 ayes - 2 nays (Watten and Brancel). -6- MINUTES - MONDAY, .ST 28, 1989 PAGE 7 . FINAL PLAT APPROVAL - HARDING ACRES 3rd ADDITION RESOLUTION NO.70-89 Nielsen stated that the final plat of Harding Acres 3rd Addition request- ed by Anne Stover of 25270 Smithtown Road, is consistant with the pre- liminary plat. A Development Agreement has been drawn because the plat requires the installation of street and sewer improvements. The Develop- ment Agreement includes the Engineer's approval of plans and specifications Stover moved, seconded by Brancel, to adopt Resolution No.70-89, "A Resolution approving the final plat of Harding Acres 3rd Addition." Motion carried - 5 ayes by roll call vote. TABLED SETBACK VARIANCE - WILLIAM WAPLES J." Nielsen recommended that the setback variance request for William Waples of 5685 Echo Road be tabled to the next meeting as Mr. Waples was not present. Brancel moved, seconded by Stover, to table the setback request of William Waples to the next Council meeting. Motion carried - 5 ayes. STAFF REPORTS " PLANNER'S REPORT Junk Complaint - Edzell Goqqans - 26960 W. 62nd Street Nielsen inspected the Goggans site and stated only 20% of the items listed in the complaint have been removed. The owners have stated, they are having problems getting people to remove the items. .They have had 2 months to comply with the "Notice to Remove." Watten moved, seconded by Stover, to direct the Public works Department to remove all junk listed on the complaint by September 15, 1989, and assess the cost to the property owner. Motion carried - 5 ayes. ENGINEER'S REPORT Glen Road Drainaqe Frigaard referred to Norton's response to the Watershed District to determine remaining work responsibility on the drainage project. To date, no return response has been received from the Watershed. S.E. Area Water Improvements A list has been submitted, at the request of the Council, for repairs and parts that will be needed on the S.E. Area well within the near future. Gagne would like Attorney Froberg to check on the warranty. 1'-. Splash Pad Improvements and Discharqe Pipe Haugen directed the Engineer to discuss the splash pad installation with the original contractor. Haugen felt the original contractor should be responsible for the corrections needed. -7- MINUTES - MONDAY, A~ST 28, 1989 PAGE 8 . STAFF REPORTS ENGINEER'S REPORT - CONTINUE 1989 Street Project Additions The Engineer has recommended five additional streets to be added to the 1989 Street Project. The estimated cost of $45,000 is within the proposed budget. Gagne moved, seconded by Stover, to authorize the Engineer to negotiate with Hardrives to add the additional streets to the project at a cost not to exceed $45,000. Motion carried - 5 ayes. ATTORNEY'S REPORT ~ Votinq Requirements on Ordinances and Resolutions Attorney Froberg reviewed the voting requirements for Variance, CUP, Zoning Ordinances, Other Ordinances, and Resolutions. The Council discussed putting the Snowmobile Ordinance on a future agenda and agreed not to. ADMINISTRATOR'S REPORT Animal Patrol Contract Approval Froberg recommended acceptance of the Animal Patrol Contract with the City of Chanhassen, subject to their approval, effective September 1, 1989. Gagne moved, seconded by Brancel, to approve the Animal Patrol Contract with the City of Chanhassen, for temporary service. Motion carried - 5 ayes. Approval of Temporary Office Employee Staff has recommended the continuance of the Tree Trust employee on a part-time basis. She will continue work on the filing system at $3.85 an hour, no more than 3 days per week. Watten moved, seconded by Stover, to approve the reocmmendation for temporary office help. Motion carried - 5 ayes. COUNCIL REPORTS Wetlands Definition Watten stated that wetlands are defined differently by all agencies. Nielsen stated that Shorewood has wetlands defined on a map within the Ordinance. Watten would like~to see the terminology clarified. Waterford 3rd Phase Hearinq The hearing has been scheduled for September 12, 1989, and the staff has material prepared and notices are being sent out as directed by Council. -8- MINUTES PAGE 9 . MONDAY, AUGUST 28, 1989 . COUNCIL REPORTS - CONTINUE Meetings Haugen stated that the LMCD Intergovernmental Relations meeting has been rescheduled. She asked for information on the Mayor's meeting to be held at the State Fair. ADJOURNMENT Stover moved, seconded by Gagne, to adjourn the Regular Council meeting of Monday, August 28, 1989, at 10:50 P.M., to an executive session to\ be held at 7:30 P.M., Tuesday, August 29, 1989, to discuss private data. Motion carried - 5 ayes. Mayor Haugen reconvened the August 28, 1989, meeting at 7:30 P.M. on August 29, 1989, and closed to executive session. Mayor Haugen reopened the meeting at 9:53 P.M. and Gagne moved, seconded by Stover, to approve the claims. Motion carried 4 ayes (Watten absent). Gagne moved, seconded by Stover, to adjourn the meeting to September 7, 1989 at 7:30 P.M. Motion carr~ed - 4 ayes. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 General Liquor ~hecks # 2876-2943 $ 54,609.29 $ 29,811.73 Payroll Checklist: Checks # 203309-203340 Total $ 11,046.57 $ 65,655.86 $ 3,137.31 $ 32,949.04 RESPECTFULLY SUBMITTED, Jan Haugen, Mayor ~ -9- . . RESOLUTION NO. -89 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1990 GENERAL FUND BUDGET AND PROPERTY TAX LEVY WHEREAS. the City Council of the City of Shorewood. has reviewed and set the proposed 1990 General Fund budget and property tax levy. and WHEREAS. Minnesota State Law requires local governments to hold public hearings on their proposed budgets and property tax levies. and to publish notice of said public hearing to achieve truth in taxation. and WHEREAS. the Minnesota Department of Revenue has issued guidelines for local governments to follow in implementing truth in taxation requirements. and. WHEREAS. the City Council intends to follow such guidelines. THEREFORE. BE IT RESOLVED by the City Council of the City of Shorewood that a public hearing on the proposed 1990 General Fund budget and property tax levy be held' on October 9. 1989. at '6; DD p.m.. and be reconvened. if necessary. on October 23. 1989. att:DV p.m.. at the City Hall. and that notice of such public hearing shall be published in accordance with Minnesota State Law and guidelines set forth by the Minnesota Department of Revenue. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of September. 1989. Jan Haugen. Mayor ATTEST: Sandra L. Kennelly. City Clerk Roll Call Vote: Ayes - Nays- -:t: ~ff- . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: MAYOR AND COUNCILMEMBERS FROM: LARRY WHITTAKER DATE: SEPTEMBER 7. 1989 RE: CONSENT AGENDA ITEMS 3B. 1989-90 CONTRACT FOR ASSESSING SERVICES AND 3C. 1990 EXCELSIOR FIRE PROTECTION AND FIRE MARSHAL BUDGET I recommend that the City Council approve items 3B and 3C under the September 11. 1989 consent agenda. Item 3B concerns the 1989-90 contract for assessing services between the City of Shorewood and Rolf Erickson. A copy of the contract is attached for your review. The contract would run from the first day of September. 1989 through the last day of August. 1990. It calls for remuneration in the amount of $29.900 payable in 12 monthly installments of $2.491.66. This represents an increase of $5.252 or 21.3%. The increase is due to the increased number of parcels within the city. and number of calls and complaints which must be handled by the assessor. which results in extra time Rolf is required to spend in the city. The contract also states that Rolf is an independent contractor and shall receive no benefits offered to city employees. As we have passed the first of September. we need to approve the assessor's contract for the coming year. Item 3C relates to the 1990 Excelsior Fire Protection and Fire Marshal budget. A breakdown of the budget showing the amounts contributed by each city served by the Excelsior Fire Department in 1989 and 1990 is attached. This breakdown is in error. however. for the 1989 budget. This should include an additional $5.943 for increased worker's compensation insurance. bringing the total budget for 1989 to $208.743. Shorewood's amended 1989 budget is $69.023. As can be seen immediately. Shorewood's portion of the budget is increasing in 1990 by $5.016 or 7.27% over 1989. This is due to increased tax capacity as a result of recent residential developments in the city. The entire fire protection budget increased by 3.0% over 1989. These increases are quite a bit less than has been experienced in the past several years and represents good fiscal policy and restraint on the part of the Fire Department. ....... Excelsior is in the process of revising the fire contract. The new contract will be presented to you when it is completed. However. Excelsior needs the budget approved so that they can complete their own budgeting process. THESE ITEMS WERE INCLUDED THE 1990 BUDGET APPROVED BY THE CITY COUNCIL. A Residential Community on Lake Minnetonka's South Shore 3 t5 cv-~... ~ . . CONTRACT FOR ASSESSING SERVICES This contract is made this first day of September, 1989, by and between the City of Shorewood, Hennepin County, Minnesota (hereinafter called the "Municipality") and RolfE. A. EricKson 14520 12th Avenue North., Plymouth, MN 55447 (hereinafter called the "Contractor"). The Contractor represents that he is a Certified and Licensed Minnesota Assessor under Chapter 273 of Minnesota Statutes and that he is a qual ified real estate appraiser. The Municipal ity represents that it is a separate Assessment District within the County of Hennepin and the State of Minnesota. ASSESSING SERVICES: The Municipal ity hereby contracts for and the Contractor hereby agrees to cooperate with officials of the Municipal ity and the County of Hennepin in performing 1990 assessment services. The Municipal ity agrees and acKnowledges that the manner and the method used in the performance of the assessment duties will be under the control and direction of said Contractor. CONTRACT PRICE: In consideration of the services rendered by the Contractor, the Municipal ity shall pay to the Contractor at the above stated address, the sum of $29,900.00, payable in twelve (12) installments of $2,491.66, beginning on the last day of September, 1989 and ending on the last day of August, 1990. The following services are to be billed separately on a one time basis. NONE. FURNISHING OF EQUIPMENT: The contractor shall provide all transportation necessary for the performance of the services conrtracted for. The Municipal ity shall furnish and all equipment and suppl ies necessary for the performance of the services contracted for, including a current set of aerial photographs. gp Rolf EJ A. Erickson R1rf~a, NckOv- 'I!l ATTENDANCE AT COUN~ MEETINGS: The contracto~hall attend the Local Board of Review Meeting on a date selected by the Municipal ity and not to exceed three other Municipal ity Council Meetings during the term of the contract. LEGAL STATUS: The parties agree that the Contractor is not required to maintain office hours, shall not receive retirement benefits, health insurance benefits, or any other fringe benefits offered to employees of the Municipal ity and shall, in all respects be deemed an independent Contractor. IN WITNESS WHEREOF, the Contractor and the Municipal ity have executed this Contract this eleventh day of September, 1989. City of Shorewood (Municipal ity) by ,,- I . AA I .,'r"..... ~ !';jO~1 c e., ~~l CL.L jc.-..y/ CITY OF EXCELSIOR 339 THIRD STREET EXCELSIOR, MINNeSOTA 55331 TELE: 612-474-5233 OFFICE OF THE CITY MANAGER August 18, 1989 Mr. Larry Whittaker, Administrator City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Dear Larry: The 1990 Excelsior Fire Department Budget, I distributed to the Administrators last month, was that which I proposed to the City Council. I am pleased to report to you that on Thursday, August 10, 1989 the City Council officially adopted that Budget for 1990. I do not believe it is necessary to include another copy of that Budget, but if you do need one, please let me know. I am officially presenting you with the enclosed table showing your contract amount for 1990. If there are any questions, let me know. Sincerely, ~ S. Withers. ~~~~nager ......... 3C. . ....,- .....- . . 1989 BUDGET TAX FIRE CITY CAPACITY CONTRACT FIRE MARSHAL TOI'AL DEEP HAVEN 48,620,680 (30.4%) 52,777 4,642 (15.9%) 57,419 EXCELSIOR 24,254,011 (15.2%) 26,388 12,348 (42.3%) 38,736 GREENWOOD 9,451,963 (5.9%) 10,243 2,160 (7.4%) 12,403 SHOREWOOD 55,691,698 (34.8%) 60,416 6,539 (22.4%) 66,955 TONKA BAY 21,823,738 (13.7%) 23,784 3,503 (12.0%) 27,287 TOI'ALS $159,842,090 $173,608 $29,192 $202,800 1990 BUDGET TAX FIRE CITY CAPACITY CONTRACT FIRE MARSHAL TOI'AL DEEPHAVEN $ 6,421,476 (29.9%) $ 54,879 $ 5,002 (15.9%) $ 59,881 EXCELSIOR 2,974,776 (13.8%) 25,329 13,308 (42.3%) 38,637 GREENWOOD 1,235,245 (5.8%) 10,645 2,328 (7.4%) 12,973 SHOREWOOD 7,833,998 (36.5%) 66,992 7,047 (22.4%) 74,039 TONKA BAY 2,993,675 (14.0%) 25,695 3,775 (12.0%) 29,470 TOI'ALS $ 21,459,170 $183,540 $31,460 $215,000 -t". -1 CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 5 SEPTEMBER 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Acting-Chair Benson called the meeting to order at 7:30 P.M. ROLL CALL Present: Acting-Chair Benson; Commissioners Mason. Bongaards. and Pitney; Council Liaison Stover; Planner Nielsen; Planning Asst. Helgesen. Absent: Chair Schultz; Commissioners Leslie and Spellman (all excused). APPROVAL OF MINUTES Mason moved. seconded by Bongaards to approve the minutes of 15 August 1989 as written. Motion carried unanimously. 7:30 P.M. PUBLIC HEARING - FENCE HEIGHT VARIANCE Robert Whelan - 5910 Cathcart Drive Mr. Whelan recently replaced an 80 foot portion of fence in his front yard area without a permit. The fence is six feet high and extends beyond the front of his house to the street r.o.w.. and the Ordinance restricts fence height to four feet within front yards. He is requesting a variance to maintain the height at six feet. as was the height of the previous fence he replaced. Public portion of the public hearing opened at 7:33 P.M. Mr. Whelan explained that the new fence is in the identical location of the previous. the same post holes were even used.- The previous fence existed for 21 years. He said his neighbor to the south. whose house faces Afton Road could put a six foot fence at the rear of his house and its location would be the same of Whelan's fence. Planner Nielsen clarified that the neighbor's lot has the same frontage as Whelan's by zoning definition in spite of the fact that he chose to orient the house toward Afton Road. The neighbor's lot would be subject to the same zoning restrictions as Whelan's. Mrs. Whelan said the following hardships exist: their bedroom windows face south. picking up headlight glare from the street. and the fence screens that out. The fence had originally been placed due to a neighborhood dispute. Tearing it down would be an economic hardship. Public portion of the public hearing closed at 7:40 P.M. Mason asked what is the difference between repair and replacement? Nielsen said that boards within sections may be replaced in order to repair. but entire sections between posts being replaced would have to comply with zoning regulations. Posts must remain intact. Bongaards asked if any plantings exist which would lend privacy and screening to the yard. Mrs. Whelan said the few that exist are old and dying. l/A- Minutes Planning Commission Meeting 5 September 1989 Mason suggested that the fence height regulation should begin at the face of the house. rather that 50% the depth of the structure. Nielsen said that is certainly something that is worthy of discussion during the Ordinance study sessions. including the possibility of the change beginning at the building setback. Mason moved. seconded by Bongaards to table decision on this item for 45 to 60 days maximum to allow time for the Planning Commission to study the Zoning Ordinance and consider amending the fence height regulations. Motion carried unanimously. 7:45 P.M. PUBLIC HEARING - SETBACK VARIANCE Stanley and Delores Theis - 21055 Forest Drive Mr. and Mrs. Theis are requesting a setback variance in order to add a porch and deck to the southeast side of their home. The house does not meet current setback requirements and is a nonconforming structure. The addition as proposed would require a 28 foot variance and would extend to within two feet of the r.o.w. of Woodend Place. The Planner's recommendation is to locate the addition on the northwest side of the house. thereby minimizing the variance to three feet. Mr. Theis said that building on the northwest side of the house is a problem due to the fact that the only access to a newer portion of their basement is located in that area. as well as the fact that drainage flows through that area. Public portion of the public hearing opened at 8:10 P.M. Public portion of the public hearing closed at 8:10 P.M. without comment. Bongaards moved to recommend to Council that the 28-foot setback variance as requested be denied. but that the three foot setback variance along the northwest side of the house as recommended in the Planner's report dated 30 August 1989 be approved if the applicants so desire. Mason seconded for discussion. Mason said that if the .basement access were relocated the variance could be greatly minimized and encouraged the Theis' to work with an architect to achieve same. Motion carried unanimously. This item will be on the Council agenda of 11 September 1989. 8:00 P.M. PUBLIC HEARING - SHORELAND ALTERATION VARIANCE R.D. Nelson - 5230 Howards Point Road Mr. J.D. MacRae. architect for Mr. Nelson. was present to explain their request for a shoreland alteration variance. He said that the home recently constructed was built as a walkout facing west and due to the topography near the shoreline of Lake Minnetonka. a view of the lake as well as drainage to the lake is obstructed by the existing topography. He said that there is a low area north of the proposed grading site. but its location does not accommodate the view or drainage plan they would like to achieve. They wish to relocate the low area on the site. He cited drainage obstruction as a hardship. He also added that the cut in the topography necessary to create the swath is only 5.5 feet rather than the 7.5 feet noted in the Planner's report. Planner Nielsen confirmed that 5.5 feet is correct. - 2 - Minutes' Planning Commission Meeting 5 September 1989 Public portion of the public hearing opened at 8:30 P.M. Public portion of the public hearing closed at 8:30 P.M. without comment. Bongaards moved. seconded by Mason to recommend to Council that the shoreland alteration variance be denied. Motion carried unanimously by roll call vote - 4 ayes. This item will be on the Council agenda of 11 September 1989. 8:15 P.M. PUBLIC HEARING - CONDITIONAL USE PERMIT - MANOR PARK TEMPORARY WARMING HOUSE City of Shorewood - N.E. quadrant of Manor Rd. and Suburban Dr. (Manor Park) The Shorewood Park Commission would like to locate a temporary warming house at Manor '- Park for three months out of the year (winter season). They propose to rent an 8' x 32' mobile building. They intend to monitor use of the temporary shelter to determine if a permanent building is warranted for this park. Planner Nielsen said that precedent setting is a concern. that this proposal should be viewed the same as private development. He said he does not have detailed analysis at this time as to how the facility complies with building code for egress and safety requirements. Public portion of the public hearing opened at 8:40 P.M~ One area resident said that a woman who lives across from the Park told her that she believes the park would get used a lot more if a shelter were installed. Bob Boyer. Suburban Drive. said he agrees. The Park needs shelter and lighting. and asked if it would be staffed during the skating season. Gordon Lindstrom. Park Commissioner. said lighting could be placed on one side of the building to light the skating pond. and the shelter would be staffed. Bob Gagne. Council Liaison to Park Commission. noted ~hat the Park Commission has reviewed this proposal extensively. A lot of work and thought has been put into this proj ect. Gordy Christianson. Park Commissioner. said many young children in the area need this shE\!lter. The kids now have to sit in snow banks to change their skates in the winter. Benson read aloud a letter submitted by Thomas and Charlotte Smith. 20540 Manor Road. who oppose any structure being placed in Manor Park. Public portion of the public hearing closed at 8:51 P.M. Mason said she is disappointed that the Park Commission didn't pursue construction of a permanent structure two years ago. Mr. Lindstrom said the City couldn't afford it at that time. Using a temporary shelter will establish the extent of the need for a permanent. more expensive shelter in this Park. Mason said if there is any need at all. a more attractive structure should be designed. .;-: Mason moved to recommend to Council that the C.U.P. request be denied. Motion died for lack of a second. - 3 - Minutes Planning Commission Meeting 5 September 1989 Bongaards moved. seconded by Benson to recommend to Council approval of the C.U.P. for one (1) winter season during which time the amount of use be monitored. Benson commented that he feels the Park Commission is spending a lot of money that would be better spent toward a better. permanent building. Motion carried - 2 ayes (Bongaards. Benson) - 1 nay (Mason) 1 abstain (Pitney). This item will be on the Council agenda of 1'1 September 1989. Benson moved. seconded by Bongaards to recommend that the Planning and Park Commissions and City Council hold a study session to determine a means of addressing park shelter buildings. due to the strong need by the community for shelters at all parks. Motion carried unanimously. 8:30 P.M. PUBLIC HEARING - LOT AREA VARIANCE James Miller - 5860 Hillendale Road Mr. Miller is requesting a lot area variance to build a single-family dwelling on this property located in the R-1A zoning district. The lot contains 25.500 square feet of area which is substandard for the R-1A district. The variance is required because the lot does not contain at least 70 percent of the minimum required. The variance required amounts to 2500 square feet. Public portion of the public hearing opened at 9:13 P.M. Will Johnson. owner of adjacent lot. said he has concern about fill that was placed on this lot two years ago which apparently was contaminated from the gas station site it came from. He is also concerned about which direction the drainage will flow off of the lot. Will Kahl. owner of adjacent lot. said he supports the variance. although he also has concerns about contaminated soil. Planner Nielsen said that due to any fill having been placed on the lot. the soil will be subject to testing and. if contaminated. will be subject to removal. The lot being lower than the street. the drainage will be subject to the City Engineer's approval. Public portion of the public hearing closed at 9:24 P.M. Pitney asked if the driveway access is a concern due to the easement access on this lot. Nielsen said it may be a concern. the driveway plan will be required for the building permit application. Mason moved. seconded by Pitney to recommend to Council approval of the lot area variance. Motion carried unanimously. This item will be on the Council agenda of 11 September 1989. - 4 - Minutes Planning Commission Meeting 5 September 1989 SIMPLE SUBDIVISION/LOT COMBINATION Jim-Deanovic - 28005. 28015 and 28025 Boulder Bridge Drive Mr. Deanovic would like to divide Lot 5. Block 4 of Boulder Bridge Addition and combine the resulting halves with adjacent Lots 4 and 6. The result is creating two larger lots out of three existing lots for the purpose of more building space. The resulting lots will exceed all zoning and subdivision requirements. Mason moved. seconded by Bongaards to recommend to Council approval of the subdivision/combination subject to the Planner's recommendations: 1. Within 30 days of Council approval the applicant must submit new surveys showing th'e proposed change in lot lines and new legal descriptions. 2. The applicant must record the division/combination within 30 days of his receipt of the Council resolution approving the request. Motion carried unanimously. This item will appear on the Council agenda of 11 September 1989. MATTERS FROM THE FLOOR Mr. Deanovic said that he has a C.U.P. request coming up on the next Planning Commission agenda. Nielsen explained the conditions which must be met for that Permit. REPORTS Council Liaison Stover reported on the Council's actions regarding the Planning Commission's recommendation of their last meeting. ADJOURNMENT Bongaards moved. seconded by Benson to adjourn the meeting at 9:45 P.M. Motion carried unanimously. Respectfully submitted. Patti Helgesen Planning Assistant .'!o. o. - 5 - AGENDA ITEM i i Silverwood Park Survey that MOTION None .-. - - Referred Silverwood Park Survey to Anqela Weatherly to revise oer area residents comments. (If Asked) Suggestions included: Including questions on natural or wildlife areas; no development; restrooms; a separate question where residents list TOP 5 activity choices: a locat~~n map and topographical map of the Park; walking paths; listing area required for major user (i.e. ballfi~lds, tennis courts, skating); list of location - facilities in other City Parks and Parks neighboring ~~~i~s (Chanhassen, Minnetonka, Greenwood, Excelsior); a mission state- *****~~~t*t~~*~~~~~~~~~~~~~~~~\~~~~~~~kt~*~~b*~~~~*~d~t~~~t~*~ti~*~~.*~~rv~ce area; a~~-turf sport [leIa lplC -up allfleI f AGENDA ITEM I 2 MOTION that No action- Commission needs uodate on Caoital proiect Fund/Freeman Park costs. INSTRUCTIONS ******************************************************************** AGENDA ITEM I 3 - Freeman Park Ballfield Fences MOTION FENCES that Jim Norton will report on bidding requirements. Park Commission wants: / 1) alternative Bid for Vinyl fencing; 2) Height - 16' Backstop; 10' along foul llnes; ~' outtleld; J) All ~taggered gates (~ ln outfield, 2 b3.ck~t.gp): 4) ORil miiliRt1iilRiilRC'~ 'Jiilt~ on ~iilC'n fi~ld; 5) In("'ll1,-'l<=> WARNING TRACK froIn infield around outfield - before fences installed; 6) Have PubllC Works lnstall posts and chaln around parKlng lot and in _~ N.W. area where trail meets fields. Posts "No Motorized Vehicles" signs there. IPRIGATION- Serious interest in irrigation to (1) cut maintenance costs (2) protect investment ln flelds (3) compllment water use ln area - water at night when resldents don't demand water. CO~L POSTS tl3.nt Don t.o.ggt.im~t~ Cggt.. Football n~soC'iat.igR will ********************************~*********************************** pay for. Use of George Haun. Commission wants George to review final specs for fencing before bids are taken and wants George to assist with Supervision of installation and inspection during installation (Council discussed $600 -$800 for George at Aug 14 meeting and authorized contract with him as a consultant for fencing the ballfield~ -EA.GE 2.-__ AGENDA ITEM i MOTION that Joint meetinq with Planning Commi~~inn pirhpr O~rohpr 4 nr lH INSTRUCTIONS ********************************************************************* AGENDA ITEM i 4 Warming House - Manor Park MOTION that Would appreciate Council decision on this tonight. INSTRUCTIONS ******************************************************************** AGENDA ITEM , MOTION that INSTRUCTIONS , . ******************************1-************************************* \ - .. ~~~~~:~;Lt~~~.~\:;:\t1.:t~~~;c;';~k; " .:- ;~~~:~~~~~${~~~~E0.~;1~t;~~ :........ ' '., . -" :. .-~ . ... -- _.'.:.... . .~i;~;rr.\~#~~i*~~~ . . -.. . '--< ,\ , - :.:~ :,S.;:~:;'7:/t.l~;";:~:'f~~)~-~ ~ --. - ---.----- .---'-----..-----------------"'----- ----.- ~. ac:....c:.., - - BUEEN ._.......~.,_.~ -.~'-' .,1 '.~- ',' .. ..J ,"->;'''.':-"''- - -,. ~ I . ....... . -, . EGUIPMENT INC. 595 ALDINE STREET · S1. PAUL, MINNESOTA 55104 . 6121645-5726 MN WATS 1-8Q0.832-6417 ----~-~--~~--~~~~--Jt~;1-~~--~_~-------- --~-~:..e/.~--~L__.l::e~L.hl"'~.__h.l.!.A:______ ------------------------------------------------------. --'-~~----h.~--.r..dcA:_i.__9:6:',{L__~f5~~1i:.'.P_lL____. -~a.~L--6.I:-/k.:-..x~_~~ftP..__~:_d~..8#.. :tZq___ ____ -fl'.Y-t:.Ir:--~P-Jf:.__A_~:.e~_~_3.__~t..l.:'!I!_________ .#dL4~t_J.lffi.:_1~':.20:::_ - -. .2?~_..t!'/2_________ - .--- _ _____~~____~~~~.~O -.d---~.!"-&Lj;e.:s.--.:i .t..r.i:#!_,_i.L.?Jf ...&.:._ ___ _ __ ___ .:.:L~~-.M--'-..L-.L!f:..:.ZL.________~d._9.sv..1ZQ.-______ --&.,;/;UC.k.!'JA.~__~..t2fk-,--;(. cM:..<.12._'::' _~ 'Z'.Z 3~____ ------------------------------------~~;?~~~------- f1t 3 If ;'1;; L- -~!;:'J/ht.e~.z-/:k ~.:-----~-__----9."l t77t'dO - --------------------------_____~3)~~-~-~~~------- ------------------------------------------------------ SWEEPERS · ELGIN ASPHALT EQUIP. . ETNYRE TRUCKS · OSHKOSH SNOW BLOWERS. KLAUER.SCHMIDT SWEEPER BROOMS · MILWAUKEE.VIKING LAWN MOWER · EXCEL-HOWARD PRICE DUMP BODIES &. HOISTS l: RUBBISH PACKERS · LEACH RUBBISH CONTAINERS. PARKER STATIONARY COMPACKERS SNOW PLOWS-SPREADERS SEWER CLEANERS. VAC-ALL TANDEM AXLES '." CRANES. USTC .~.' ".. ,~~i~:?~iJt11~ti;~:,.. \: i -, . . ,. ..: -:.. .. .'. l!%~~;:tb~~#~ttt:0~ -_.....'::'-,' ... ~;..~<_.'. ;t,; ~~~~. ~.:. :.'~.' :~"'- :-,.' . ._"'.....~.- -/... '. .' . ~ . . -. . "" ..;~:~:::;,~~t~;i.\~;~;~.:!?t~~tii:: _ &'- .." -... ....,; . fl~j{~i .. .c.;-..... ._ '~'. -... -' ".~ ~:-:- t...~"::~;:;':'~:,t~~.~'-:', ;'.:: j . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 6 September 1989 Mr. William Waples 5685 Echo Road Shorewood, MN 55331 Re: Setback Variance Request - 5685 Echo Road Dear Mr. Waples: Your variance request was placed on the City Council agenda for 28 August 1989. You should have received an agenda prior to that meeting. Since you were not present to represent your request, the matter was tabled until the meeting scheduled for 11 September. This is to advise you that the Council will take action on your request at that meeting unless you inform us, in writing, that you want the matter discussed at a later date. If you have any questions, please do not hesitate to contact my office. Sincerely, CITY OF SHOREWOOD ~~~.:?~.J City Planner/Building Official BJN:ph cc: Larry Whittaker Glenn Froberg Mayor and City Council "i,;'" A Residential Community on Lake Minnetonka's South Shore 5 .- ... . . RESOLUTION NO. 72-89 A RESOLUTION DENYING SIEGFRIED WEISSNER'S APPLICATION FOR VARIANCES WHEREAS, Siegfried Weissner (Applicant) has applied for variances for the construction of a second story to his home located at 26780 Smithtown Road in the City of Shorewood; and WHEREAS, the existing structure does not meet the front yard setback requirements of the current zoning ordinance and, therefore, constitutes a nonconforming structure; and WHEREAS, the Applicant proposes to construct the second story directly over the existing structure, such that the proposed second story would not meet the front-yard setback requirements and would therefore require a variance; and WH ERE AS, the proposed second story would also increase the nonconformity of the existing nonconforming structure and would therefore require a variance; and WH ERE AS, a Public Hearing was held and the application reviewed by the Planning Commission on 15 August 1989, at which time the Planning Commission recommended denial of the variances; and WHEREAS, a further review of the application was had before the City Council at their regular meeting held on 28 August 1989, at which time the Planning Commission recommendations were reviewed and testimony was received from the Applicant, through his attorney, and the City staff; and WH ERE AS, the City A ttorney was directed by the Council to prepare a resolution setting forth findings and conclusions denying applicant's application for the requested variances. NOW, T HEREFO RE, BE IT RESOLVED by the City Council of the City of S horewood as follows: FINDINGS OF FACT 1. That the subject property is located in an R-1A zoning district which requires a front-yard setback of 50 feet. 2. That the Applicant's existing structure encroaches approximately 12 feet into the front-yard setback area. to. G ,. . . 3. That the second story, as proposed by Applicant, would increase the living area of Applicant's home by approximately 1,439 square feet but would encroach approximately 12 feet into the front-yard setback area and would increase the nonconformity of the existing structure. 4. T hat the S horewood Zoning 0 rdinance provides for the expansion of a lawful nonconforming residential unit provided that such expansion does not increase the nonconformity. 5. That the Applicant could construct a second story containing approximately 1,200 square feet over the existing structure with a design that would not increase the nonconformity of the existing nonconforming structure. 6. That the Applicant could also expand the existing structure by constructing an addition to the rear of the existing structure without the need for variances. CONCLUSIONS 1. That Applicant can construct a second story to his existing nonconforming structure or add on to the rear of his existing structure without grant of the requested variances. 2. T hat the considerations for grant of the requested variances are primarily economic in nature. 3. That Applicant's property can be put to a reasonable use under the conditions allowed by the Shorewood zoning ordinance. 4. That the Applicant has not met the requirement of "Undue hardship", and the City Council of the City of Shorewood therefore denies Applicant's application for .the requested variances. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 11th day of September, 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Vote: A yes - Nays - -.t'-. ~, . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Watten /i{' ,,/ CITY OF SHOREWOOD 5755 COUNTRY Cl.UB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 30 AUGUST 1989 RE: THEIS. STANLEY - SETBACK VARIANCE FILE NO.: 405 (89.25) BACKGROUND Mr. and Mrs. Stanley Theis propose to add a deck and screen porch to the southeast side of their home located at 21055 Forest Drive (see Site Location map - Exhibit A. attached). The house does not meet current setback requirements and exists as a nonconforming structure. The proposed addition requires a 28 foot variance and extends to within two feet of the right-of-way for Woodend Place (see Exhibit B). The property in question is located in the R-1D. Single-Family Residential District and contains only 8600 square feet in area. In addition to the substandard lot area. the width of the lot is only 55 feet. measured at the front setback line. The existing house measures 20' x 59.5'. including an attached single-car garage. Floor area of the single-story house itself appears to be approximately 920 square feet. The proposed deck measures 12' x 24' (288 sq. ft.) and the screen porch measures 12' x 12' (144 sq. ft.). The applicants' request is explained in their letter. dated 1 August 1989 (see Exhibit C). ANALYSIS/RECOMMENDATION As can be seen on Exhibit B. the subject property is grossly substandard in terms of both width and area. particularly for a corner lot. The required setbacks. shown in heavy dashed lines. result in very limited buildable area on the site. ~. A Residential Community on Lake Minnetonka's South Shore I '.0 . e Re: Theis, Stanley Setback variance 30 August 1989 It is worth mentioning that the right-of-way for both Woodend Place and Forest Drive are 10 feet wider than the current 50 foot r.o.W. standard. In past cases, this has been recognized and the excess r.o.w. has been allowed to be used for setback purposes. Even taking this into consideration, however, the proposed addition would require a 23 foot variance. Most of the buildable area which does exist on this site is located along the northwest side of the house. The applicants mention that locating the porch and deck on that side would interfere with their neighbor's snowplowing of his driveway. While their concern should be appreciated, the problem exists because the neighbor's drivway encroaches into their lot almost half a foot. If the addition were located on that side it would only require a three-foot side yard variance and a three-foot front yard variance (see Exhibit D). Assuming they are willing to continue to let their neighbor store his snow on their property, there would still be seven to nine feet of area available for this purpose. A final concern relative to the addition as currently proposed is the location of their existing well. While not shown on their survey, it is located to the southeast of the existing house and appears to be in the way of the proposed screen porch, assuming the well is located within their lot lines. The State Water Well Code prohibits any portion of structures to be within three feet of a well. This is to allow for maintenance of the well. In view of supported. the excess three-foot willing to the preceding, the variance request as presented can not be Given the size of the existing lot, its location on a corner and r.o.w. on both adjoining streets, it is recommended that a side and front yard variance be granted if the applicants are relocate the addition to the northwest side of the house. BJN:ph cc: Larry Whittaker Glenn Froberg Stanley and Delores Theis " - 2 - - ~,< '" v ('00) l~ (i, ...,. r -r .' "C}. ~ ~~ ;.~ aC?c. ~~ ~:sa ~~ ~~~. ~oa Oaf) A LV.ER R. . COUNTY SUR' .HENNEPIN eOL t-.- .. ", (NtJt.\EFUCA\. ,.t). NCl"J - ~ ;,:..r.- , Exhibi t A SITE LOCATION Theis - setback varidHce CERTIFICATE OF SUR EY Prepared for: SIANLEY TUIES ~" ~S;'~ DR,"iE" ---- .f! "I() ~ I / s)":- !/~ 0# ~ ~ (.;~ ...., / / ;0. I / " /' -b. 'l'. / ~CJ;I ~~I Or ~ / l~SG.I\L iJESCRli'TluN: Lot 1, H lock 1 U, ~IJNI'JETONK^ HANOH, acconlinq to tile recorded pia t t Ili_'1"l:-'ot , Hennepin COllnty, Hi nl!,'~;ot(l. / / GENERAL NOTES E::hibit J3. PROPERTY SURVEY o Denote s iron monument Proposed top of foundation w ... ~ /' I / a(/G /7t-t// .I' /0/ - -" ' .1 /. ::' '-..' 'I" (.~./,.;/ r-:! ~ '7,~' .5- ..... ...:..,.V.... .......:... _ ....... - - ~ ,," j C'> ~,;::) / - c: F ~ :.. I i--' ,r. . /:;.., ,/ /) ,I.:.., ,'C Y . /)~ j'/i-I.V. . ,,--"(..- /' 6- :J-- 33 I P / (L. -1)/ i'..{} t Co/?; /h ;..ss. / D.-v y.- C /' ~ Co'" ,4/ C / j .4.e/.YI b~.,...s I tv e Q...-re re. ri-Le..~//-Vj ctfoJ' Y~r/CL--d~~ C./!.J 1/7 ~ I/V G) oJ;3.# c/ ria. c..e... 5 ;c/ ~- c)f c;, u.. r /-f. au ~ e. kJ ...e C-a..u. S e / f ; s 7 h -'I. /.e v.s. r:- '1' r.:<. v .? /ec-/ ,r C/, -7 r c( ! 50 j s 7 h e S ';,",/-e iha i VJ O~. /c-/ /l'CE.5 r- t l'le (.. f arz./d' o/'Ae--v' ~ro~.M-t'7-J o?V-dQ-S, 60 '/'..d/ I 1-0 /h..e .fa res T Dr, pc..) ~ u J?/.L5 e '1 [} ;' '1./ /' CJ II e V S -e U? e:. ;-' CD.-'t/ A:/ ec ;1-) '0 A./-S Cy' 0 /S' C f/JCCt Ic/ e./r.e 4// O~ 7' .berYo~c/ /h e /.r~"'//cye- ~I j/.-,e- Y:Jrb/'f1...Y7rJbl ~/065~bre..>T-D/", ~ /" w c7 C-<.. I cI CI Iso C d. a...s. e /~ d- / ' -c.J ~ .y B ~ I' 0 ,b ) e,.,.". s j t:) r ~ I 0 ~ 5' r:, /' e.5 T .D", .5 /fJ 0 (.,U .....-;h.? / t- r )- c:L, '...v U./,," /c/ ~.t2 j-,4.c ;(/~ ~ 1- tv () t.v/~/ y e 5. cL / 1)'-tJ hCLc/C'>'i ?/ / /"~7-.c) -:-he r/'~r~ilJ tjar-af/e- G 0 1'~1'fo jh e. $/C/~ 6f' J;4"z /y;~ S ~ -rh.t.t r j So j,H'ch~/''''''t '19tjs S-J-"!/bt>--S 13';;""iFc/ J ::;, T ~ ~ s; c/ e..- w), ~ r- ~ 0 "'-- v 9 C(. r a i ~ ; 5 0 /r./ .5 <:> -. W 0 u I c I ".v 0 t be {"U h..e r.( w e (..u" u /c/ t.-U .:;,...r/ t 7'6 :~ ). 0 C q 01 ~ a ,p G!i> Y' c h t.L v c/ C J...e t-), /' 11 tA/ j) u (c I Cl /'5 D )\ Exhibi t C APPLICANT'S REQUEST LETTER Dated 1 August 1989 L. {- . . )- /J Pro h).e ~..s. Go /41 c; C C< u.. ~ <.. c; Y"~,' A.I Q 9...... / ( -r 0 r /1. <L to C4 '-/<( 0 I /1-0 u s -e .b {) Gt- yo e;/ ~ / A/ /' 7/0 " .(p ~:,. .,J-; l?,r ~ S ~ ,.Dr >.w ~:"~ I ~.: ,/z(s 0 .6:- h, , . it fro /<,).e';;":'-Jo oR C O::"~ ~~.. "/1- . w~~/ ci b~- U 'Q. r dele> ,'5 r.e. Tor r"7JH- td' / /A./ e J- h I' I/J c:! ~ I 41 -r h / e y T' I~?<J / ~i ' ~ f Dr ~~'! ~ i- s /vo c..v y ~ VYt.-b v -C{ I { 'i. '. :r !zD/,JL j: IztLV'~ ~)C~)a..uecl OCl.-~ C ,- /' C Lt ....,...... 5 -r4,A/ 6's to /I 0 u yS~ r;' s {tt:l- c.. 7;0...--. I r /?~",v 1\ rY CJU f)~~)Z-~ .....;--- '. 0# ~ ~,i") c.., ...... / CE IFICATE OF SU Prepared for: SIANLeY t 'l\() TUIES ~'" S'Sf~ I)R"'it- ---- ~ I II S)~ /"" / I I / / .i'o, I / I / / ~<9/ Q4;/ Or ~ / lJSGi\L iJESCIU 1"1'1Ul'J: Lot 1, lilac\-: 1 U, ~iJ NrJLl'UNKi\ j'IANUH, accord i Ill! to tile recur-LIed pI CI t tIll.' H:'ot , Hennepin COll;lty, nilll~"~;ot(l. ~,;- / / / / / I Exhibit D RECOMMENDED ALTERNATIVE GENERAL NOTES o .~~ Denotes iron monument Proposed top of 10 +0 r> 1"'\ r- ,...~:,......1",,~ :.... ,.....,-.....-.... n_ _ _ _.I t ..' ..t.'. ;..~... - . ......~ -"':. . .~ ~ .~~. '1;: I i ~l ~'". .~ - ~<!I 31 . ~~ ~1~3 ~~.! .: ~ ~i :g~! c J -' ". . :ti . \ . ~ ~ w .~I~ I HI t;q) j~1 ....... _...J _..... 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'-.... .... .....- ", -:--~:. . ~..~:~:;;-; _' ~~~~~::;:'2. :~~~~~ ~(f!~:': 1\" I! . I. :,',' I r ,I-j,' f[ II- I! . l~ ... ,s:.. '-.- ;. ., \: ! ' ~ ~ .1.,':, : ..- ..-.:~-r~ ~ :---~:f~'r~::-:,-~'~~~';~~~i:";~~ . -: - ;.:. . ;r.~_,.._.. ........ . ..-..... - .-. ....... ~. ~ .' ~.~. ..;.; ....~_..:..~~....-...~..-. .... ...'.... ~-~ ..~,~.. ; _:';,'~ I. ". ~- ~::.~~'.~'L ., ': :::..~.~.;~t;~{f..:;f;}:...;'~~.: ,::.' -~ :::,:,;~,:; :,.i- e' ... .~ i ~~ -:--: \,' ! ,.. '" :lJ: , , 'w .' ~.~ < ,.,~ -- ':':?:~ .,. :....---.- i ~! ,jj r L.~ I';':" I ' I. ,. , 'J~'~ ! Exhibi t E PROPOSED BUI'.DING PLANS -!! .:- L _ . _____ J : /' \'-:J \ . ~ \" \~/ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 29 AUGUST 1989 RE: NELSON, R.D. - SHORELAND ALTERATION VARIANCE FILE NO.: 405 (89.26) BACKGROUND Mr. Timothy Johnson, architect for Mr. R.D. Nelson, requests a variance on behalf of his client to grade within 20 feet of the shoreline of Lake Minnetonka on property located at 5230 Howard's Point Road (see Site Location map - Exhibit A, attached). The property is zoned R-1A, Single-Family Residential and is also subject to the requirements of the S, Shoreland (overlay) District. The grading, shown on Exhibit B, is proposed in conjunction with a new house being built on the property. The plan which was originally submitted for a building permit proposed to cut a 7.5 foot deep swath on the lake side of the house to make the lower level of the house a walkout and provide that level of the home a view of the lake. The permit was denied because it did not comply with Section 1201.26 Subd. 7.b. (l.)(h.) (shoreland alterations) of the Ci ty Code. Anxious to begin construction, the applicant submitted a revised plan which did not require grading within 20 feet of the lake. The plan proposed a depression on the west side of the house which still allowed the lower level to be a walkout. The low area drains via a pipe to a low area on the north side of the site which ultimately drains into the lake. This plan was reviewed and approved by the City Engineer and the building permit was subsequently issued. The applicant explains his request in a letter dated 8 August 1989 (see Exhibit C). A Residential Community on Lake Minnetonka's South Shore ~ . . Re: Nelson. R.D. Shoreland Alteration Variance 29 August 1989 ANALYSIS/RECOMMENDATION The provisions of the S. Shoreland District are consistent with shoreland management requirements imposed by the Minnesota Department of Natural Resources (MNDNR). The intent of the district is to protect lakes within the City of Shorewood and preserve. to the extent possible. the natural character of shoreland areas. The applicant bases his request primarily on two issues. drainage and aesthetics. A. Draina~e. The drainage plan which was submitted was designed by the applicant and approved by the City Engineer. Having created this situation by design. the hardship. if any. is self-imposed. If he lacks confidence in the approved plan. another solution would be to redesign the lower level of the home and restore the low area he created to its original contour. B. Aesthetics. As frequently discussed in the past. the criteria for granting variances does not include aesthetics. While walkout designs are very popular. not all lots lend themselves to such a design. In this case. the lot could have accommodated a walkout to the north. The applicant does not like the view in that direction. however. It is understandable that the applicant would want to take as much advantage of the lake views as possible. Views from the lake also must be considered. The shoreland regulations are intended to preserve the natural shoreline to the extent possible. Based upon the preceding. the applicant's request is considered contrary to the intent of the Shoreland District requirements. Furthermore. the applicant has not demonstrated that any hardship exists except that which is brought about by design. It is therefore recommended that the variance be denied. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Tim Johnson ~ - 2 - ~ ~ ~ ~ ~ ~ -... ~ "t ~. ~ [ :::s '- ~ ~ '-J t1~ ...... ~ "t ~ ""'" ~ .~ ~ ..Q.4- ~~ . I _L <t- Exhibit A SITE LOCATION Nelson - shoreland 1 a teration variance " )1\ I' ^ ,,~ ., c:. -r' () ~\' I"- r ",.' ~......~-I---- . \-... \ ~\ c. I , . -~:' ~~-,..... I ' . . '.' \ \ \ '" . .....:.. ----=-__~.. I,. 1 , ..' . t" . _' .-~_._. ~~--, _--:-,----;....:. 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E' o co .., @:JO" ll)(\)rJl rJl:Jll) (\)ll):J - 0" ll) ::TCi).., (\)rJl(\) <_ll) (ii' i5 ::T c: ll) e!. - (ii' -os::oo c8=-')> (\) OJ c: -f..,co ~ll)C: a.rJl -- (\)...... '<(0 ZOO -. (0 (\) en (\) :J . . -....--.--.- ~~ . . .,:; --..; h. ~ ~ )..;.. d Exhibit D PROPOSED LANDSCAPE PLAN ~li~~~g: I~ ;no ~ rn ~ 5.00 .~(1) ro :6J= ' m ~-'"t MAYOR Jan Haugen COUNCIL Kristi Stover Robert Gagne Barb Brancel Vern Wanen CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION, MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 29 AUGUST 1989 RE: MILLER, JAMES - LOT AREA VARIANCE FILE NO.: 405 (89.28) BACKGROUND Mr. James Miller requests a lot area variance to build a single-family dwelling on the property located at 5860 Hillendale Road (see Site Location map _ Exhibit A, attached). The lot contains 25,500 square feet of area, which is substandard for the R-1A zoning district in which the property is located. The variance is required because the lot does not contain 70 percent of the area required to be buildable. Land use and zoning surrounding the subject site are as follows: north - undeveloped; zoned R-1C east _ single-family residential; zoned R-1A south _ two-family and single-family residential; zoned R-1A west _ single-family residential; zoned R-1C ANALYSIS/RECOMMENDATION Section 1201.03 Subd. 2.c. (3) of the City Code provides that substandard lots may be built upon as long as they contain at least 70 percent of the minimum lot size required for the district in which they are located. Proposed structures must comply with required setbacks. The subject property is 2500 square feet short (approximately 11 percent) of the area requirement. The applicant shows how a house can be located on the site in compliance with setback requirements (see Exhibit B). -}. <I " The Code also requires that can not exceed 30 percent. garage contains 1972 square percent. the ratio of building footprint area to lot area The applicant's proposed house with attached feet of area. The resulting ratio is seven A Residential Community on Lake Minnetonka's South Shore 9 J . '.)-- . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 31 AUGUST 1989 RE: DEANOVIC. JIM - SIMPLE SUBDIVISION/COMBINATION FILE NO.: 405 (89.27) BACKGROUND Mr. Jim Deanovic requests approval of a subdivision and combination of lots located at 28005. 28015. and 28025 Boulder Bridge Drive (see Site Location map - Exhibit A. attached). As shown on Exhibit B he proposes to split Lot 5. combining the resulting halves with the adjoining lots. Lots 4 and 6. His application indicates that he simply desires to make two larger building sites from the three existing lots. The property is zoned P.U.D.. Planned Unit Development. Lots 5 and 6 are currently vacant but a house is under construction on Lot 4 (see Exhibit C). Existing lot sizes are as follows: Lot 4 - 41.500 square feet Lot 5 - 42.240 square feet Lot 6 - 45.313 square feet The proposed division/combination results in two lots: Parcel A - 61.820 square feet Parcel B - 67.233 square feet ANALYSIS/RECOMMENDATION The applicant's request is extremely simple. simplified further by the fact that there are no existing drainage and utility easements which need to be vacated. A Residential Community on Lake Minnetonka's South Shore /i) , . . . Re: Deanovic. Jim Simple subdivision/combination 31 August 1989 It is recommended that the division/combination be approved as presented. subject to the following: 1. Within 30 days of Council approval the applicant must submit new surveys showing the proposed change in lot lines and new legal descriptions. 2. The applicant must record the division/combination within 30 days of his receipt of the Council resolution approving the request. 3. It is assumed that sewer equalization charges. if any. for Lot 5 will be split evenly between the two new lots. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Jim Deanovic .~..., - 2 - ... 1~ ~ @ .:c +v; ~ 0., "2. "- @ .,., ~, "t " C) '1", r.. \('1 I~ :'\,-'" 1- r ... ... 'r, I , ~ , I (\I '" I I ".~, 'Ii '. 'l; "J {:J 'I 'l ,0 ,. ~"'~~ r.) ('J ,- ~ ..~ ~" .-, ~ J .~ 'f;; * ~ '4-: : " ':~:~ ~~ - ~~'J"'noe 'I II: ", <':) \"",44 ',,.,1>;:,,,.,. "J; ... ..,......:_'-"'__ ... ",4 t1 ~....... ................ :,.'..'tl ., '(I , . V' _ _ . 4::) _. tv, ." .., . -/-- ~ ,tJ """:.. ....:..', -. '0;:. '", ~'-:'; ftoo..;t,.i -, Off ">,,,' ~ iJ~ ~,; .~' "UU}>'I'~::' ('.. I ; ~ 'I';> - -1. ,: .' ,;;'L ;:.~:' t, ~-' I .,.\ . ." ~~\ . .\ \ ., r-- - .') 'fl_~~ (')ft")..n" ~ fi, <r ...) 'of:-, 'r\ 'x; o g,. ";.: C) I' '-r) ..:- ~ .' , ~-~ ~oz '" .... - )r4~ (, . 't_,> "J 10 ". '. (,-: ~~ .... ~_B_:ot;C rJ ".' 6:Ci:- d'l 'F'l}t'~: Bj: :....! I'..' , ,.' r ~,,-1 Exhibi t A SITE LOCATION Deanovic - simple combination subdivisi::m/ --'- ~.- o !t...... '.'" @ .." " ,I .. '<l _ ....:; li/ ';. ~ ., '/ :1 & ., " ,,',' , , ~"e- . .' .r\, ",-" ,.., ': (~ .... .~. I Q '~"~,~O" '~-,..:::,~,'~ '" " ... >..~ -,.-" 58.')0. .... J{3"M'() ~: B . t=Z6.51 ---" C =Z6.4?.,Z" 6,",011 .. . 5890 '> 530/4'00"1./ . "EXIIlBlT A" .' ~ ,'Y t\ ,- "', 00, '0.., " '(r I , ~ ~/'J.,,'i . q,0I0>1o ",~lI- v(, " ;t"l , " ./~~ . ./' . 4~' ..... I :Cp~n1B!lZ .~ . ----- , -'~-' , ". :".~..'. 6A' II .i..-~..... ..... .... _~, !J1- . '00 -.- : ..... ',-,~ ..' \..~\'~;/'tfP'_______/ : ~"~'- ..:..... \ ...... ()'./ --- ~ ..;..... n~, _.~.:I, .... ,.. r v" ~ \)l ..... ...--: -1 n" ",-;'0' \ '. . ';;-r::'-- : L~ V "I:,' -0 o. . . X----' . . :.. r:.' .,;: ~- ~ \S' .. :::.-::. ....--- \)> , '. .... v' ~. '0 c.::. ~-------- -. ''':-'' t~~t-:> ~ ./' "". '... '.:. i. " ("''' 0 - . ,,'. / \ ,.\.., C"'(5" (1l ....---.- "'. !.::.:.... ,...---' " . .... .:~ ~ 9 ~ ______' ('".'1.. 1':..---- .... .,~.s > .' . ..' .. ","0 '<'J~ . , . .. .....\ o~ 'oJ ~ ....\.~.h.. "':~-h ".'-')', ..' "tl'. /' ..'.'..j \- ("'(' .. '''\ '.r:"~' , t_.:.:!_'v -- / ./' .1' '.. /~/ ,~ i \ ~\ _/-- ::' .,/..- ......... .,,/ , .- ",(,.:~'. '~::'. \~...:-.\ \ '-...' ".' '> v' k..... /./ FEET o Oenoles IrOI1 monun1enl ~) ~ )" 'I] Beorin9s shown are assumed :~. >CHOELL a 31NEERS MADSO a S U F Exhibi t B PROPOSED DIVISION/COMBINATION S, , . , N()J60' PLAT OF SURVEY FOR: JiM De0r70ViC Lot 4, Block 4, Boulder Br,d!}e:, Hennepin CO'I MN 'I BenchmarK =~ 80vlder 8rid!]' Road arapprox. cenfer oF' Lor 4 , BloCK 4- Son. Iny. . qes.(;.Co 0.) l' o.lc~ - ~ < ,-0\ ( .1)..... .~ '..ll;) ~VI VIOl l\l ~ ------ -.. ::J fliflq e- rze+O',o"'1; /i" ~p~:~r~ -- ,'\ c- LEGEND o Iron monuments ("Uo) existing elevations ~ proposed elevations ,..J \, \. ~' . \... : ; , 9'f!;rb ill ~,,?" " --')1"oP iq.t3.8S ~6 '00 o!JlP f'J (p" J '34- ;)0"--' f;, ~.1 PROPOSED ELEVATIONS EHDl lowest floor ~ garage floor ~ top of foundallon ______ direction of proposed surfacc dralnagc 1.1--'1 Hansen Thorp .!..,. L) Pellinen Olson Inc. .'l . I Consultino E ngln."" & land Surveyors 7565 Office Ridgll Cifele Edlin p'a'''.. MN 55344 3644 16121 829.0700 -~r.. c Note: Only copip.s which bear an embossed seal are certified copies. I hereby certify that this survey was pnp:Jred by me or under my supervision and that I am a dulV registered land surveyor under 326.02 10 326.16. Filp No Date: /2-/~-RA ~~ Regi5tra~ Exhibi t C SITE SURVEY House under - LOT 4 construction . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 31 AUGUST 1989 RE: MANOR PARK WARMING HOUSE - C.U.P. FILE NO.: 405 (89.32) BACKGROUND The Shorewood Park Commission proposes to locate a temporary warming house at Manor Park (see Site Location map - Exhibit A. attached). They propose to rent an 8' x 32' mobile building (see Exhibit B) for three months. Depending on its use. it is our understanding that they may wish to use the building for two years following. three months at a time. This proposal requires a conditional use permit. despite the temporary nature of the building. You may recall that the City considered a conditional use permit for a permanent building in May of 1987 (see staff report. dated 30 April 1987 - Attachment I. copied in yellow). After considerable discussion the Park Commission decided their capital improvements budget could not afford a permanent building designed and built to code. They intend to monitor use of the temporary shelter to determine if a permanent building is warranted for this park. The Park Commission proposes to locate the structure in the same spot as was proposed for the permanent building (see Exhibit C of Attachment I). Hopefully. members of the Park Commission will attend the public hearing on 5 September to answer questions. ANALYSIS/RECOMMENDATION The City Council has directed my~departments to evaluate this request from zoning and building code perspectives. A Residential Community on Lake Minnetonka's South Shore II . . Re: Manor Park Warming House Conditional Use Permit 31 August 1989 A. Zonin~ Requirements. Park buildings are regulated by Section 1201.10 Subd. 4.a. of the City Code. Following is how the proposed shelter complies with that section. 1. Given the temporary nature of the shelter and the need to wheel it in and out of the park. screening and landscaping is not recommended at this time. At such time as a permanent shelter is built. a landscape plan should be prepared. 2. Consistency with Comprehensive Plan. As mentioned in the 1987 staff report. a shelter building is considered to be a typical element of a park and essential where winter activities are provided. Page 44 of Shorewood's Comprehensive Plan (see Exhibit C) contains policies relative to the construction of governmental buildings and facilities. It may be argued that the mobile shelter may be contrary to policy number 4. 3. Compatibility with Surrounding Uses. In recent years Shorewood has taken particular care to make its public buildings blend into the neighborhoods in which they are located. The best examples of this are the Boulder Bridge and southeast area pump houses. Worse examples are the Public Works garage and Badger pump house which predate Shorewood's Comprehensive Plan. While the proposed structure is not considered to be compatible with housing quality in the Manor Park area. the City may be willing to overlook this requirement if the structure is limited to only three months per year for three years. 4. Affect on Property Values. Several communities have been identified as having used portable shelter buildings. Presumably because they are temporary. the buildings do not detract from property values. It is possible that people view the portable shelters as being better than no shelter at all. 5. Construction Requirements. In addition to requirements of the State Building Code. Shorewood has adopted into the Zoning Ordinance criteria for the construction of buildings. With respect to residential areas. the requirements were adopted to discourage mobile homes and pole barns. As a technicality. governmental buildings are not specifically addressed. A general requirement for all buildings in residential districts is that sheet or corrugated steel or aluminum siding is prohibited for buildings over 120 square feet in floor area. The mobile shelter comes with corrugated aluminum siding. The brochures we have seen suggest that other types of siding may be available. ~ - 2 - . Re: Manor Park Warming House Conditional Use Permit 31 August 1989 . B. Buildin~ Code Requirements. The Park Commission has expressed a degree of frustration in the past with building code requirements. particularly with respect to having plans prepared by a registered architect. Several times we have been asked why other cities get by with portable buildings. trailers. etc. for park shelters. The vendor has referred us to a number of cities for whom they have provided temporary park shelters. As of this writing it appears that in most cases the building departments have been side-stepped. Parks departments have wheeled the units in without building department input and building officials have apparently looked the other way. There is a provision in the Building Code which gives the Building Official discretion to issue permits for temporary "miscellaneous" structures. Depending on an evaluation currently being made by the Building Inspector. this approach may be used here. If certain basic life safety requirements can be met. we may be able to issue the permit from this office. If we are not comfortable with the code compliance of the unit. the City Council may have to issue the permit. There is apparently neighborhood demand for some type of shelter facility. The concerns raised herein may be mitigated by the public interest being served. While temporary use of the portable building may be acceptable. it is not recommended as a long term solution for the park. Assuming a reasonable amount of use of the facility during the trial period. it is recommended that the Park Commission reconsider a permanent. low-maintenance building. BJN:ph cc: Larry Whittaker Glenn Froberg Jim Norton Sue Niccum Park Commission ~~- - 3 - '- .'......- \ f, I \_' I l. - . - "I C'" . ~~ 'y~"\ ",~ .' .~ ~6~ 18 4U' .. @ .. - - -..- .. 17 ---=- 18 ~~ 4%' )"l.19 r<') ('J ti ... C\J C) LLi (Ii -... tJo r1 h '1"=" , . .DO " Lot 69 YAC.. DOC !to I07lf>85 .~. Exhibit A SITE LOCATION Manor Park T emporary Shelter Buil ding i< ~ ~ ~ t;: 0 ~ ~ ~ -c i<>. ~ I 6- .s= ~~.....~ m .....5(8~>.s= .s= VI -0 ..c 0 -0 ... _cu.s=S~!!! .s= .~ ~.~ c!s! lS i< ] a-5i c~~ 5( 5i~ .9 ~ .,g ~ ~ ~ .Q-c 1;\ OJ.-e ...... CXl.!::l u 16 ~-€"' xO ~""..!!1-o .....~Q;.~ 0 C'lC CooCo~S3w~~ ...........-............................ .................. NN.-....N .......... "'-"''''-''''''-'''........'''-''' ....,........ ~.N ~li:,., Q.)( CIlell) .." ,->. T ^ . . N ,., CI) I '" ~ --i'- lItO'l l!! .5 O'l =1: I:EI:I!!' "0 = 00 0 tIS .- ..... CV::3.+:I 0 ..... y.GI:6 ai i.5 ~ c ~.5 ~ I: E Q.. E U; ....+:1 .... .c 58 to' .5.:!.s.g ~~:J .- ... "'t: cv e < ~ CV:::i.- CV == -;;; CV I... O'l ItS "7 X .... ~ ""C O.....""Cr-""C\,}a::WI: :> ,,""C I: >. 0 .-e ""C ~ CV O'l ::> .. ffi :J I: .g CV I: ~ ~.5 N III .... .!:: :> ::> ::> /0 )( l.!! .Qj ..... " /0 u..., ., ~....., 0 U ""C fi~~~~q~~~Ooffi ~OOOOOOOOO Exhibit B PROPOSED MOBILE BUILDING . . 17. Park and open space facilities shall be planned and developed in cooperation and coordinated with similar services of surrounding communities, the school district, and the metropolitan area as a whole. 18. Studies on a periodic basis shall be undertaken to analyze the effective- ness and comprehensiveness of the community recreation program. These studies should serve as the basis for recreation open space planning and programming. 19. Continual citizen participation in the planning, development and operation of recreational open space shall be maintained. Lakeshore Use 1. Lake Minnetonka shall be considered a community recreational facility and appropriate actions sha II be take n to permit uti! ization of the lake by all City residents. 2. Regulations shall be formulated to ensure accessib il ity to Lake Minnetonka while at the same time minimizing any potential impact on surrounding uses. 3. In order to protect and preserve the amenity provided by Lake Minnetonka, the City shall encourage uniform regulation and enforcement of lake use. Governmental Buildings and Facilities 1 . Cooperation and coordination shall be promoted and actively pursued between governmental units in the provision of public facil ities and servi ces. 2. The full utilization of investments in public facilities and services shall be achieved prior to making new publ ic investments. 3. Public facilities and services shall be located to the greatest extent possible so as to offer ease of access 'and minimal response time. . 4. All public facilities shall be developed, improved and maintained according to the highest adopted standards of design and performance to serve as examples for private development. 5. All public buildings shall be designed and maintained to be resistant to person and property crime opportunity while maximizing publ ic and city usability. -'.~- Exhibit C EXCERPT - COMPREHENSIVE PLAN 44 I I I I I >. I I ( I I ( ( I I I I I l . . ADDITIONAL COST INFORMATION PROPOSED WARMING HOUSE TRAILER Set-up/Take-down char~es Delivery..................$ 80. Pic k up................... 80 . Put up on blocks & level.. 60. Take down off blocks...... 60. $ 280. Monthly Rent Rent. . . . . . . . . . . . . . . . . . . .. $ 150. Insurance The City must provide a certificate of insurance Liaibility $ 500,000. per person per occurrence Property Damage ....... $150/200 Comprehensive Floor Coverin~ The City would have to provide some type of floor covering to protect the floor (i.e. carpeting, rubber matting, plywood).. Satellite Rent-3 months........... $ 150. Access Ramp Public Works would have to build some type of platform & ramp to the doors....... Dama~e Deposit :;-. $ 150/250 Depos it. . . . . . . . . . . . . . . . Electricity Telephone This can be done by the Public Works Department, if you chose' to do it this way--drop the $280. charge. per month (3 month maximum) The City would cover this under current policy The current City insurance will not cover the trailer - with a value in the neighborhood of $8,100. - the cost to the City would be between $150-200 a season. Benches Public works would bave to build some type of benches for tbe skaters to sit OD. possible Exhibit D ESTIMATED COST BREAKDOWN CITY OF SHOREWOOD MAYOR RobertRascop COUNCIL Jan Haugen Kristl Stover Robert Gagne Barb Brancal ADMINISTRATOR Daniel J. Vogt e <--1 Di.. dJ--'- r .. .-. c.,!, , ;,..' et--: 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION. MAYOR AND CI'lY COUNCIL FROM: BRAD NIELSEN DATE: 30 APRIL 1987 RE: MANOR PARK WARMING HOUSE - C.U.P. FILE NO.: 405 (87.13) BACKGROUND The Shorewood Park Commission has prepared plans for a warming house/pavillion to be located in Manor Park (see Site Location map - Exhibit A. attached). Pursuant to Section 200.01 Subd. 4a. of the Shorewood Zoning Ordinance. a public hearing has been scheduled for the 5 May Planning Commission meeting to consider a conditional use permit for the facility. The proposed building measures 24' :z: 48' with half of it enclosed as a warming shelter and the other half open as a picnic pavillion. The building is surrounded by a concrete slab which covers a 34' :z: 58' area. Elevations of the proposed building are shown on Exhibit B. attached. As shown on Exhibit C the building is to be located 50 feet from the right-of-way of Manor Road and 35 feet from the east edge of the pond in the southwest corner of the park. ANALYSIS/RECOMMENDATION The proposed building is very residential in character and should be an amenity to the Manor Park neighborhood. Following is how the shelter complies with the criteria contained in Section 200.01 Subd. 4a. 1. Screening and Landscaping. Given t~e residential character of the proposed shelter. the need for screening is questionable. It is our understanding that the Park-tcaomission is currently preparing an overall landscape plan for Manor Park. A-tto." h MU\ t 1 A Residential Community on Lake Minnetonka's South Shore Re: Manor Park warmin_ouse 30 April 1987 . 2. Consistency with Comprehensive Plan. A shelter building is co~idered to be a typical element of a park. Construction of the shelter should enhance both winter and summer activities in the park. 3. Compatibility with Surrounding Uses. The residential character of the proposed building blends well into the single-family neighborhood in which it is located. 4. Affect on Property Values. The amenity provided by the shelter building should enhance property values in the surrounding area rather than detract from them. The proposed building is considered to be consistent with both the Shorwood Comprehensive Plan and Zoning Ordinance. It is therefore recanmended that the C.U.P. be favorably considered. BJN: ph cc: Dan Vogt Glenn Froberg Jim Norton Park Canmission .\...~ - 2 - ~6(J I. ., .. .. @ .. - - --- .. 'T . ---=- "~/I 0\" \;.. ~.' . I J .. .... ~-c~. .. .... r<') (\.I ci -'. tJorl " ~ ., ,,~ ~ I : ...DO ~ LOt 69 Exhibit A SITE LOCATION Manor Park Sh 1 e tel:' Buildir , ....... \, . ,. '" u ~ ~ ~s I .( ~ ~ ~. ~ ,. . .Jl ~ i ~ ~ ~ i ~ .~ .. ~li ~ ~ ~ <:!r /~~ =":: / ~~. :,11 \ \ '\ , \ .-; 2. _ o '"I ~ -: ::;if .. I 1- \l) .. 111- fit ~ 4.J . ~~ \- \' .ell:. ~ W z () ~ '> J1 , 4~. " '9 I . ,:1 ~I '\.- ~J: I ',' 'J. f II , . I I I \ I i 11 1:1 ,I I : I' i ~ II' \111 I ~'''.'''''' ...' ~ ~ 'fA , 0 ,:,-, :c.: . "1.'= At ''''. ..... .4, t. . ;.'~ ,';. . )Ie "''-ro.'. ":v"O . ..: '.. :. .:-= '0 - ': .~;E :-:a:::I: I ..... ~ & . ......t' ., <..~.,~:. '.~': Exhibit B BUILDING ELEVATIONS . . . . .' ~ .. t. 8 ca :E --.., - ' '" ~ ..- .1 'G -t-. Exhibit C BUILDING LOCATION # :l. ~.. ~~'. ". f -':L;;' ...:i,. ~ '/. +.,:~:' ~i-~f' ~,; !: : ~ ......~~ r", ~~- ,+(. ..," I'r. ......;~.. .,' .F"!,, : '.l1'tuC. . ..~.. Io~ -,.'....~.\.:. I~ ". . :~~:i!.::.;....~ '~~ _.... . \~'!l.:' . '..1i':" 1 ;...;.:'.. '~. '/. : . .... . . '. ... .. or. ..(;. ~. '.. ~ Ii,. ~ . . . ... -.' '''-;--:-' .~ ... . .t: ~;.':~~:: t....: '\. ..~ . ,,- .-:- ;:.,. ~~.'" t, . f :..a.~~'-~ ". 't..~,.. -.. io 'J. .\ '.'. f''s "."- .. ': :.':, .:. Ii- ': .... R.AMt.~... ~',"..':.' ~;Jo,,~. ....~ , ~,,,., ,.- ~ -,... '~ ~. !.. " '.....:..,,; :", . t . .. . . J-.,,' ~.~ lq'~~'...I~ . ~. ,..., ...... . (,~ ,.<:: . i,. :. ..~: '1 A.tJIti..;;~ ~:' .A.~;_'~ .... JUo... '. .~.-----. :,,'~ ;4 .,. ..,.:~. , -~..a... ~ ... '" oJ J "c~,J. '~~""'4'.' . '.... ~ .'::-;;~ ~r . . -n-r~"~: ,- bt-'~i(J~: '; ': :; .' ;'-.s Wf&~ (~.F~ rt....) ;{ .;: ~ " ", . , ..... ~ '" ~~Ji .' l .. -,. ..... -- .... :':a"~ ...:~.:,~ .;::'~' -.~tf ...;.." '. ,..,. ';...."i 1I ..;'~~". ,.~~~:;: '.- . " ~ f ~ 1'f" ~ :. ;..'} '".-' '. ' ::;.;.."., "d" " . ...~~-:: ~ .~ ~ ". - . ~~'~:. r. ., ,... '.,.,' . ", ,''; ~'l.;o!~i;' !.....~-:-... ~... . . "},~. 1- ~ ~<-,.:' .C'~~". .- ...,<*l1.~..l:..~... ~..."..\.....:..,..,.~'/o,.. "'Y;;i~.'." . " ~- ''; '~';"''''..,'' .~>~:, . . . .'~ "~;~~'~f. . .' J~J,.,' . -:- ,'," ': ,",' '"'.'.. , . '~ ~ t:~~(T'\J[ Ic,' 6.1;. -: :.~. . .."lI~' '",'. . {, ~ t,::":" .,' '. .: . l I . ...,' ." ~' ... .. ... "'" -.~ I~ ~'-t '% ....~:. _: .,- ',,:'... Exhibit D FLOOR PLAN . . 20540 Manor Road Shorewood, Minnesota September 5, 1989 Planning Commission Shorewood City Hall 5755 Country Club Rd. Shorewood, Minnesota Dear Commission: This letter is written regarding the issuance of a conditional use permit for the location of a temporary park shelter building at Manor Park. We own the property east and adjacent to the park, between the park and Amesbury development. Manor Park, unlike many parks, is presently an asset to the nearby area because of its natural beauty. It is well kept and contains no offensive outbuildings. It is enjoyed by many people, but is not over-used; nor is it a nuisance. We oppose any detrimental additions or changes to the park. Placing a temporary IItrailer" s.tructure on th.e premises for three months or longer every year could very well be considered unsightly and, theJefore, detrimental. Other parks that have done this in the Twin Cities area have done it at expense esthetically of the adjacent landowners. Because this is a neighborhood park primarily, anyone using the pond for winter activities should be close enough to nome to use their own home as a IIwarming house." This is' a luxury we cannot afford. When balancing' the beflefits: of the public good of a few against the detrtment of tne nearby landowners, we can only conclude that any structure, temporary or permanent, would be detrimental. Our intention is not to deprieve anyone of wholesome enjoyment of the park, but we definitely oppose the issuance of this conditional use permit. Thank you for your attention and consideration. Si~ Q, ~ ~ f\{. s3t Thomas J. and Charlotte M. Smith ":,"': . - MA VOR Jan Haugen COUNCI l. Kristi StOver Robert Gagne Barb Brancel Vern Watten ',. 5755 COUNTRY ceUB ROAO . SHOREWOOO. MINNESOTA 55331 · 1612\ 474-3236 CITY Of SHOREWOOD MEMoRANDUM TO: t<^'10R AND crn COUNCIL EROM: 'BRAD NIELSEN RJ\: DORFMAN. cAlU'IE - INCIDENTAL USE OI! R.O.W, FE1<Ml~ DA.TE: 7 SEPTEMBER 1989 nLE NO.: 405 (R.O.W. Fe.,.its) Ms. Csttie Dotfman tequestS pe.,.ission to use s pottidn of the second Stteet tight-of-way. just south of Sitch Sluff Road. to plsce a pottable atOtage shed. Ma. Dodman' a ~ was tscentlY d....ged bY fite and she in tends'tO stote petsonal belongings in the shed while het house is being tepaited. ~ As can be seen on the attsched site location maP, Eihibit A. Ms. Dotfman's ptopertY is located ~ediatelY east of the Second Stteet t.o.w. second Stteet is a platted stteet which baS nevet been opened fot pnblic use. Ms. Dotfman ~plains tnet het ptopetty slopes toO $uch to stote the shed in het yatd. Bet dtiveway .ust be kept oped fot cousttuction vehicleS and matetials. , It is tecO~ended that the pe.,.it be gtanted contingent upon the stotage shed being located nO closet than 20 feet ftO$ the paved surface of Sitch Sluff Roed (futthet back if possible) and contingent upon the shed being t...""ed within sis $onthS of the date it is placed on the site. 'BJN:ph cc: Lar'tY YJhittaker Glenn Eroberg carrie Dorfman --1" A Re<;dent;.' communitY on uke wnnetonk'" South Shore \ ~", ~9._ J S?, i\ \-'-'" .. c.~$P.j \\ ,_ L.I ~ \ ~;,.)!'~ ~ "'G'<:r ...._ .....:::.r _ __ ...vwn:lON Dorfman R 0 . . W . Permit _3_-1 1_ \.-.-- \ . . . AMENDMENT TO WATER AND SEWER AGREEMENT TONKA BAY - SHOREWOOD THIS AGREEMENT, made and entered into this day of , 1989, by and between the City of T onka Bay, a Minnesota municipal corporation, hereinafter referred to as "Tonka Bay" and the City of Shorewood, a Minnesota municipal corporation, hereinafter referred to as "Shorewood", WHEREAS, Tonka Bay and Shorewood entered into that certain agreement dated the 9th day of July, 1973, called "Water and Sewer Agreement, Tonka Bay - Shorewood", a copy of which is attached hereto as Exhibit" A" and made a part hereof as if fully set out herein, and WHEREAS, Tonka Bay and Shorewood entered into that certain Amendment to Water and Sewer Agreement dated the _ day of 19_, a copy of which is attached hereto as Exhibit "B" and made a part hereof as if fully set out herein, and WH ERE AS, the parties desire to amend paragraph II 2 c of said agreement and amendment, which refers to the cash payment ~o Tonka Bay for each residential hook up an-d the commercial hook up rate, and WHEREAS, the parties desire to ratify said Exhibit" A" in all other respects. NOW, THEREFORE, in consideration of the premises and mutual covenants, and other good and valuable consideration, it is hereby agreed as follows: ..)"- J b 6-/ follows: . . II 2 c of Exhibit" A" and Exhibit "B" shall be amended as c. Cash payment to Tonka Bay for each residential hook up in the amount of Two Thousand Three Hundred dollars ($2,300.00). Commercial hook ups shall pay the same rate as Tonka Bay users. (i) Said residential hook up charges shall be paid either in full at the time of connection or 0 ne Thousand dollars ($1,000.00) at the time of connection and One Thousand Three Hundred dollars ($1,300.00) payable $260.00 per year for a period of five (5) years. In the event the hook up is disconnected within five years, Tonka Bay shall refund any unused portion of the $1,300.00, based upon $260.00 per year, whether said $1,300.00 was paid in full at the time of connection or paid on an installment basis, as described herein. One Thousand dollars ($1,000.00) of said hook up charge shall be non-refundable. (il) Said hook up charge of $2,300.00 shall not be changed by the City of Tonka Bay for a period of five years from the date hereof. (ill) Each unit in a multi-family dwelling shall pay to T onka Bay a user fee at the same rate as residential users in Tonka Bay. (iv) Each residential hook up, including units in multi-family dwellings, shall pay to Tonka Bay a capital improvement charge of $24.82 per quarter for a period of fifteen (15) years, payable quarterly and beginning with the first quarter following the date of this Amendment. IN WITNESS WHEREOF, the undersigned governmental units have caused this agreement to be executed in their behalf pursuant to the authority of their respective City Councils. :,,";. IN PRESENCE OF: . )....- . CITY OF TONKA BAY By: Vern Haug, Mayor By: Kirk C. McDonald, C lerk/ Administrator CITY OF SHOREWOOD By: Jan Haugen, Mayor By: Sandra L. Kennelly, City Clerk . . WA'lIER AND SEWER AGREEMENT TONKA BAY - miO~~OOD THIS AGREEMENT made and entered into this ~ day of ~J~ ' 1973 by and between the Village of Tanka Bay, a m3nicf al corporation, hereinafter referred to as Tonka Bay, and the Village of Shorewood, a municipal corporation, hereinafter referred to as Shorewood, WHEREAS, Tonka Bay did in the year 1965 construct an interior sewer system to serve land located within the confines of its village, and WHEREAS, Tonka Bay did during the year 1972 construct an interior water system to serve the land located within the confines of its village, and WHEREAS, the Metropolitan Sewer Board did during the year 1971 construct a Metropolitan Sewer line to serve, among other municipalities, in such a manner as to collect the sewage from Tonka Bay at one point at or near Manitou, Hennepin County Road No. 19 intersection, and WHEREAS, the Village of Shorewood did during the rear 1972 construct a municipal sewer system to serve properties located within the confines of its village, and WHEREAS, the metropolitan intercep~or serves Shorewood so that the trunks constrUcted by the Village of Shorewood can, in most cases, connect with the metropolitan interceptor at points within the confines of Shorewood, and WHEREAS, Shorewood is adjacent to Tonka Bay so that the two have a common border, and WHEREAS, there is a section of Shorewood the geography of which makes it .impractical to connect to the metropolitan sewer . . .inter.ceptoX' without constructing expensive pumping stations and force mains, .unless the area ~~ question is, in fact, connected to. the1nterceptor by use of the interior lateral sewer system of Tonka Bay, and. WHEREAS, TonkaBayana Shorewood agree that it is to the best interest .of both villages to use the Tonka Bay interior sewe~ lines to ser,ve the Shorewood area provided Tonka Bay is appropriately compensated for such use, and EXHIBIT A Page 1 of 4 . . r'-~;--'-_.".'--~ 1. Shorewood may connect a portion of its lateral sewer system to the Tonka Bay interior sewer system for the purpose of using the Tonka Bay lines to reach the metropolitan sewer interceptor provided that Shorewood concurrently file with the Village of Tonka Bay: a. A copy of the as-built plans of that portion of the lines so connected. b. A plat showing the area including the platted lots of that portion of the system so connected. c. A statement setting forth the maximum number of connections to be connected to the Tonka Bay system, which number shall not exceed - 20 - · d. ~ cash paymen~ to TonkaBay in the amount of $300.00 for each unit hooked up or anticipated to be hooked up to the Tonka Bay system. 2. TonkaBay will bill Shorewood annually a proportion of the cost of maintaining the interior Tonka Bay lines, which bill will be computed by first determining the cost of maintaining the Tonka Bay sewer system and taking a percentage of the cost which the .Shorewood connections, bear to 500 (Tonka Bay con- ne,ctions) '0 " 3. . Tonka ~ay w~l~ be responsib~e fo~ maintaining its own interior system. In the event there is ia. breakdown in that system so as to preclude receiving sewage from the Shorewood connections, Tonka Bay will 'immediately notify Shorewood of the problem and it shall thereupon be Shorewood's responsibility to provi~e I J .... ,~., . .. .... _'..,.J. . . '""".. , , - 'J desirous of provi~ such service, and ~ WHEREAS, Tonka Bay and Shorewood are desirous of setting forth in this agreement provisions under which Shorewood Inay make use of , Tonk a Bay's interior sewer system to reach the metro interceptor, and also provisions whereby Shorewood may receive water service from the Tonka Bay water system, NOW, THEREFORE, in consideration of the premises and mutual covenants, it is hereby agreed as follows: I. - USE OF TONKA BAY INTERIOR SEWER SYSTEM .l EXHIBIT A Page 2 of 4 -2- l.t.::~.1JU.1.1.~.lble to .::iiJ.or_ou .lor .any brea.k.llown in 't..'l'uuka .bC:l.y J..lU~~. 4. Shorewood shall ~ at liberty at any time t~erminate use of the Tonka Bay lines; however, no money shall be due and payable to Shorewood in the event of termination Qf such use. ", ~;. II. WATER SYSTEM 1. In the event Shorewood determines that it desires to con- struct and install water lines within the Village of Shorewood, it may connect said lines to the Tonka Bay municipal water system upon the adoption by Tonka Bay of a resolution authorizing such connection. 2. Hook up to such connection may be made in the Village of Shorewood only upon: a. . Obtaining a permit from the Village of Shorewood to so do, all in accordance with the ordinances of Shorewood. b. Copy of the application of such permit shall be submitted forthwith to Tonka Bay. No permit for such connection shall be issued by Shorewood until approval or disapproval thereof has been given by Tonka Bay. c. Cash payment to Tonka Bay for each residential hook up in the "amount of $500.00. Commercial hoo~ ups shall pay the same rate as Tonka Bay users. d. Users connected to Tonka Bay water system shall comply with the Tonka Bay ordinances governing the use of the Tonka Bay water system inCluding the use of meters. Tonka Bay shall charge the residents of Shorewood connected to the Tonka Bay water system user fees at the same rate charged to Tonka Bay residents. In the event Shorewood desires to bill and collect said user fees, it shall be Shorewood's .' .obligation to 'inspect ~d read the meters quarterly and remit to TonkaBay that amount which would be due Tonka Bay if Tonka Bay billed directly. e. Shor~wood shall be~responsible for all delin- quent water accounts.' The accounts of all water EXHIBIT A Page 3 of 4 -3- users in Shor.ou w.l..d.ch al'O Ut:J..LuqUl:ul. .I." U'UJ. t,; ~u....u ninety (90) d~ shall be turned over to ~rewood and Shorewood shall within thirty (30) days thereafter make payment to Tonka Bay and become absolute owner of the account. f. Shorewood shall be obligated to inspect and repair all water lines located ~n the village of Shorewood and in the event there is a defect or break in said lines, Shorewood shall immediately take steps to correct the same. If the break is not corrected, Tonka Bay may shut off the water at the Tonka Bay village limits. g. Shorewood shall not permit any connection to Tonka Bay water system without prior approval by Tonka Bay. have to . . IN WITNESS WHEREOF, the undersigned governmental units caused this agreement to be executed in their behalf pursuant the authority of their respective village councilS. IN PRESENCE OF: fJr~~~ {, l..1.t /73 . , tW~.I~/1~ . . . ...~.:~.-.. ,..l'." .'!,':L"~",\'. :. ,.'. .r . ~, ,- .\ .;.. .~ VILLAGE OF TONKA BA,g By ~J A ''fl~ Mayor By ~.rr7' . /kl;& ~ . 'Cler VILLAGE OF SHOREWOOD ~~~ Mayor By'7ntvkl' 7/'/)y;A.4k ,nu.2 . I' Clerk -~tf " '. EXHIBIT A Page 4 of 4 -4 . . h. . , . . AMENDMENT TO WATER AND SEWER AGREEMENT TONKA BAY - SHOREWOOD THIS AGREEMENT, made and entered into this ___ day of July, 1987 by and between the City of Tonka Bay, a Minnesota municipal corporation, hereinafter referred to as "Tonka Bay" and the City of Shorewood, a Minnesota municipal corporation, hereinafter referred to as "Shorewood", WHEREAS, Tonka Bay and Shorewood entered into that certain agreement dated the 9th day of July, 1973, called "Water and Sewer Agreement, Tonka Bay - Shorewood", a copy of which is attached hereto as Exhibit "A" and made a part hereof as if fully set out herein, and WHEREAS, the parties desire to amend paragraph II2 c of said agreement, which refers to the cash payment to Tonka Bay for each residential hook up and the commercial hook up rate, and WHEREAS, the parties desire to ratify said Exhibit A in all other respects, <- NOW, THEREFORE, in consideration of the premises and mutual covenants, and other good and valuable consideration, it is hereby agreed as follows: II 2 c of Exhibit "A" shall be amended as follows: c. Cash payment to Tonka Bay for each residential hook up in the amount of one thousand five hundred dollars ($1,500.00). Commercial hook ups shall pay the same rate o. as Tonka Bay users. .'!c. ,,~ EXHIBIT B Page 1 of 2 . . IN WITNESS WHEREOF, the undersigned governmental units have caused this agreement to be executed in their behalf pursuant to the authority of their respective city Councils. IN PRESENCE OF: CITY OF TONKA BAY BY: Ruth M. Sherman, Mayor BY: Kirk C. McDonald, Clerk/ Administrator CITY OF SHOREWOOD BY: Robert Rascop,Mayor BY: Sandra L. Kennelly, Clerk '. -:;--. -2- EXHIBIT B Page 2 of 2 r ~ . . MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancel Vern Watten CITY OF SHOREWOOD . 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 · (612) 474-3236 MEMO TO: MAYOR AND COUNCILMEMBERS FROM: ALAN ROLEK AND LARRY WHITl'AKER DATE: SEPTEMBER 7. 1989 RE: IMPLEMENTATION OF FLEXIBLE SPENDING ACCOUNT PLANS AS ALLOWED BY INTERNAL REVENUE CODE SEC. 125 & 129 FOR CITY EMPLOYEES We have contacted DCA Benefits Group concerning setting up a Flexible Spending Account (FSA) plan for city employees. This plan would allow an employee to pay medical and dependent care expenses with pre-tax dollars through payroll deductions. The City would also save on FICA taxes which would normally be paid on these deductions. This type of benefit plan is an approved plan under Internal Revenue Code Sections 125 and 129. This would be a way in which the city could offer a real benefit to its employees (increasing their take-home pay) at a low cost to the city and without increasing the $250 cap on medical insurance. We would like to contract with DCA to set up the plan for the city. at a cost not to exceed $1.000. to be implemented January 1. 1990. City staff would administer the plan after the ini~ia1 set-up. The plan is divided into three levels of participation. each of which is voluntary to each individual employee. These levels are: 1. Payment of the portion of employer provided medical. dental. life & disability insurance premiums payable by employees with payroll deductions taken from gross earnings before taxes are calculated. 2. Payment of an amount of gross earnings pre-elected by an employee into a health care reimbursement account which could be drawn on by the employee to pay for out-of-pocket medical or dental expenses. These deductions would be taken from gross earnings before taxes are calculated. The employee could draw only for expenses incurred and could not exceed the pre-elected amount. 3. Payment of an amount of gross earnings pre-elected by an employee into a dependent ca~e reimbursement account which could be drawn on by the employee to pay for dependent daycare expenses. These deductions would be taken from gross earnings before taxes are calculated. The employee could draw only for expenses incurred and could not exceed the pre-elected amount. A Residential Community on Lake Minnetonka's South Shore J &-12.-3 p . . PAGE 2 FSA MEMO SEPTEMBER 7. 1989 The employee would save the cost of Federal. State and FICA taxes on the amount of earnings he/she elects to put into each account and thereby increase take-home pay. The City would save its matching FICA contribution on all such elections. The costs to the City would be the initial set-up cost of $1.000 to DCA. Thereafter. as stated above. the plans would be administered by the city staff at a minimal cost. Attached is a copy of DCA's proposal which outlines the plans and gives examples of savings to employees. We feel that the FSA plan gives great flexibility and benefit in terms of real dollars to city employees at a low cost to the City. In time. the City would recover the set-up costs through the savings in FICA contributions. This would also build good-will between the City and its employees and contribute to their morale. For these reasons. we recommend that the City Council contract with DCA Benefits Group to set up an FSB plan. at a cost not to exceed $1.000. to be implemented January 1. 1990. attachments ~ 'J CITY OF SHOREWOOD FLEXIBLE SPENDING ACCOUNTS PROPOSAL JULY, 1989 ~ -~ .. ,Ine. Benefits Group * Jh j) 3 Section 1 EXECUTIVE SUMMARY Increased Income for Participants Flexible spending accounts are employee benefit programs which permit employees to pay certain out-of-pocket expenses- -such as medical and dental premiums, health care expenses (including both medical and dental), and dependent day care I." expenses--with pre-tax dollars. This results in increased spendable income for participants. Savings to the Plan Sponsor Pre~tax dollars used to pay qualified expenses are not subject to FICA (social security) taxes--for either the employee or the employer. Depending upon the provisions of the employer's medical and dental plans, the timing of reimbursements and the degree of utilization of the accounts, these tax savings may result in a net savings to the employer, even after FSA ~ administration expenses. IRS Regulations The primary IRS requirements are: 1. The plan must meet the qualification standards of Section 89(k), including the requirement that the plan must have a formal plan document and that employees receive written notification of benefits. 2. The plan must meet the nondiscrimination requirements of Section 89 as well as the tests under Section 125 and 129. See "NondiscrJmination Requirements". -+.. , \ 1 .iXIa.wr. 3. Expenses can only be reimbursed through the flexible spending account if they were incurred during the plan year and while the employee was a participant in the plan. An expense is incurred on the date the service was rendered. 4. The source of funds for the FSA can be employee salary reduction contributions and/or employer contributions. 5. Employees who wish to participate must designate the amount of their salary reduction contributions to each account for the coming plan year before the start of the year. 6. Employees may revoke or change a previous election during the year only if they incur a "status Change" defined as a significant curtailment of coverage or a significant increase in the cost of coverage, marriage, death, divorce, birth or adoption of a child, and a change in the spouse's employment status or health coverage due to employment, or an increase or reduction - in the employee's hours. 7. Money left in an account after all expenses for the year have been reimbursed must be forfeited--employees may not roll money over into the next year, receive their rn 1'1-'1 NfilT' unused money back in cash, or use money from one account to reimburse expenses in another account (e.g., use health care money to reimburse day care expenses). 8. Plan sponsors must file a Form 5500 (annual tax return) for each plan each lear. 2 iXA~ 9. Special requirements for dependent care FSAs include: . The maximum pre-tax reimbursement is $5,000 per year. . Employees must receive a statement of their dependent care account usage as of each December 31. . Employers must reflect the amount of pre-tax contributions for the year on the employee's W-2 forms. . Child care reimbursements are only allowed for dependents under age 13. . Dependent day care tax credits, taken on an employee's tax return, are reduced dollar for dollar by FSA reimbursements for the year. . Employers must explain to the employee in what circumstances the tax credit is more advantageous than the plan. ' . Persons receiving FSA reimbursement must generally - provide the name, address and taxpayer 10 number of their dependent care provider when they file their personal income tax return. -t: 3 iXA.~ Proposed Regulations Effective in 1990 1. The participant must submit a written statement from the third party provider stating the expense and a written statement from the employee stating he is not being reimbursed by another source in order to receive a benefit from the plan. 2. A terminating participant must be given the option to continue receiving benefits under the plan for the full COBRA continuation period (at least 18 months) if he continues to make the premium payments (formerly "contributions"). The participant may discontinue coverage under the plan if he discontinues payment of premiums. 3. Forfeitures at the end of the plan year are considered to be part of an "experience gain". The total experience gain is the total premiums paid over the FSA's total claims reimbursements and reasonable administrative-costs. The options for use of any such gains include: Return them to participants for the past year on an equal basis or weighted to reflect total elections, not forfeited amount, of each participant. Use them to reduce premium costs for the next plan year. I.e., offer $500 worth of benefits for $480 in contributions. 4. Reimbursements must not be,in excess of 500% of premium .:.""t paid by the employer and employees. 4 iXIt.nc. r I r [ r r . [ I [ I. f :, r r I I Changes Affecting Health Reimbursement Accounts in 1990 1. Premiums for other health care or dental care coverage are not allowed to be paid through the health FSA. 2. The maximum amount of reimbursement, reduced by prior reimbursements, must be available at all times during the coverage period. 3. Payment of premiums by the employees can be in large installments such as monthly, quarterly, or semi- annually rather than per payroll. However, the schedule cannot be based on the amount of claims incurred and it may not be accelerated to cover claims. 4. Claims must be paid at least monthly or when a pre-set minimum amount of expenses are incurred (e.g. $50.00). Suggested Employer Strategies 1. Restrict eligibility as much as possible in light of Section 89 to eliminate the risk of early turnover employees electing a large benefit and then terminating employment. 2. Structure the definition of eligible expenses in the document to exclude one time big ticket expenses such as cosmetic surgery, household improvements, and certain dental procedures. 3. Limit the amount o~ covera~e available under the health \ FSA to a level the employer is willing to risk. ~ iXAJflC 4. Permit fewer election change opportunities. 5. Require all terminating employees to purchase coverage through the end of the plan year by withholding the entire premium from the last pay check. '. "t: 6 iXA~ r. I L I f I I t. [ r I r I I I l .... Section 2 NON-DISCRIMINATION REQUIREMENTS Section 125 Discrimination Tests Overall plan (medical, dental, disability, and group term life employee premiums, if part of plan, plus health care and dependent care expense reimbursement accounts). 1. Plan eligibility can't discriminate in favor of Highly 2. Compensated Employees. Contributions by Key Employees can't exceed 25% of the total of all contributions to the plan. Dependent Care Plan Only (Section 129) 1. Plan eligibility, contributions, or benefits can't discriminate in favor of Highly Compensated Employees or their dependents. 2. Contributions by 5% or more owners (or their spouses or dependents) can't exceed 25% of the total of all contributions to the plan. 3. The average contributions of non Highly Compensated Employees must be at least 55% of the average contributions of Highly Compensated Employees (employees whose compensation is less than $25,000 or a lower compensation figure may be excluded for salary reduction plans). .~"'t 7 DCAJIIC. . . Section 89 Coordination All medical, dental and group term life insurance premiums, as well as health care expense reimburse~ent account contributions paid under the Flexible Spending Account program must be considered in performing discrimination tests under Section 89. Each level of coverage is considered a separate plan for Section 89 testing. Dependent care account contributions may also be included in the Section 89 discrimination tests, if desired. If dependent care account contributions are included in the Section 89 discrimination tests, then they are only subject to Section 129 test number 2. above. .t;; 8 iXA.nr- " '. Generally, the "highly compensated employee" and "key employee" definitions are as follows. These abbreviated definitions may be used for purposes of making estimates. However, precise discrimination testing must be based on the definitions in the law and regulations. HIGHLY COMPENSATION EMPLOYEE Any employee who, during the current or preceding year: 1. 5% owner* '. 2. earns more than $81,720 in compensation** 3. earns more than $54,480 in compensation** and is in "top paid" group (highest 20%) 4. an officer who earns-more than $49,032 in compensation** KEY EMPLOYEE Any employee who, during the current or preceding 4 years: 1. 2. 3. 4. is a 5% owner* is a 1% owner* and earns over $150,00 in compensation one of the top 10 owners* and an officer who earns more than $49,032 in compensation** * Family attribution rules apply to all ownership situations. ** These are 1989 figures. They are indexed for inflation. "t,: 9 DCA.nr- r- f ADVANTAGES AND DISADVANTAGES OF FSAS Section 3 "Employee 1) expenses paid with pre-tax dollars--taxes reduced federal income tax - state, income tax (except New Jersey, Pennsylvania, Arkansas, and Alabama) - FICA 2) completely voluntary pro- gram; provides benefit/ tax flexibility to employees 3) PERA contributions (for certain public sector employers) are not affected ADVANTAGES Employer 1) payroll taxes reduced - FICA FUTA - possibly state unemploy- ment taxes (varies from state to state) not workers' compensation 2) employer gets float on salary reduction deposits until claims are reimbursed 3) helps attract and retain employees DISADVANTAGES Employee 1) "use it or lose it"--for- feiture of unused amounts (careful planning and good communication required) 2) limitations on ability to change after start of plan year ~,,": Employer 1) employers must reimburse the full amount of the claim in the health reimbursement account (up to the total annual amount of the contri- butions elected by the employee)--employer may not be fully paid back if employee terminates employment or changes family status prior to the end of the plan year. 2) modifications to payroll system required 10 DCA.~ " '. Employee 3) could potentially reduce social security (and perhaps unemployment compensation benefits)--typically negligible impact -..~ ~~ Employer 3) discrimination tests must be monitored and met 4) plan documents and admini- stration required 5) other pay based plans (e.g., retirement plan, disability) would have to be amended to ~ base benefits on pay before salary reduction 6) no guarantee that Congress won't modify or outlaw these kinds of plans in the future 11 iXAJI)C. FLEX PAYCHECK COMPARISON ANALYSIS SSN: 334-46-5782 NAME: John E. Doe Exemptions: 4 Current Paycheck Illustration SemiMonthly GROSS TAXABLE COMPENSATION 1 . FICA 2. Federal Withholding Tax 3. State Withholding Tax 4. County Withholding Tax 5. City Withholding Tax 6. other deduction (1) 7. Other deduction (2) TOTAL WITHHOLDING TAXES $1,479.17 111.86 153.00 96.00 0.00 0.00 0.00 0.00 $ 360.86 Annual $35,500.00 2,684.64 '. 3,672.00 2,304.00 0.00 0.00 0.00 0.00 $ 8,660.64 $26,839.36 1,800.00 3,000.00 $ 4,800.00 $24,717.28 w/Flex $ 1,479.17 75.00 125.00 $ 200.00 $ 1,279.17 96.06 201.00 $ 297.06 0.00 982.11 ADJUSTED NET PAY $1,118.31 *** ADDITIONAL AFTER TAX EXPENSES *** 8. Medical Reimbursement 9. Dependent Care 75.00 125.00 $ 200.00 $1,029.89 $ DCA."- TOTAL PERSONAL PAYMENTS NET DISPOSABLE INCOME Semi-Monthly paycheck Comparison w/o Flex GROSS COMPENSATION $1,479.17 0.00 0.00 1. Medical Reimbursement 2. Dependent Care PRE-TAX REDUCTION IN COMPENSATION $ 0.00 NEW TAXABLE COMPENSATION $1,479.17 111.86 249.00 $ 360.86 200.00 $ 918.31 $63.80 FICA Social Security Withholding (Approx.) TOTAL TAXES WITHHELD .~ After Tax Expenses TAKE HOME PAY SAVINGS FROM EACH PAYCHECK 12 Section 4 REQUIREMENTS OF FSA ADMINISTRATION Proper administration of your Flexible Spending Account; plan is crucial to the success of the program. If employees do not receive reimbursement checks when they expect them, or reimbursement amounts are different than antici~ated or wrong, or if the procedure is complex and confusing, employees will quickly become disillusioned about the value of the plan. l The administration of the plan must provide: * CONFIDENTIALITY - the employer does not want to be in the position of claims examiner to review private medical claims of employees. " * EFFICIENCY - claim documentation must be reviewed, reimbursements must be prepared timely and accurately, and participants must understand the system. * PROFICIENCY - The employer must be kept up to date on legislative developments, plan requirements, and discrimination testing. .~~ 13 iXIt~ Section 5 DCA FLEXIBLE SPENDING ACCOUNT SERVICES DCA'S state of the art Flexible Spending Account administration system provides the essential elements that relieves the employer of "administrative hassles" and allows him to reap the rewards of a highly efficient employee benefit plan. * Claims verification and documentation * 100% Confidentiality * Prompt and accurate processing of financial and employee claims data * Audit trail including report of expenditures * Maintenance of plan records * Reports easily understood by plan sponsor and participant * Semi-monthly or bi-weekly reimbursement processing to match your payroll * Immediate service and response from DCA Account Executive and Account Processor. * Customer service hot-line provided to participants * Universal checking account * Supply of all enrollment forms, claim forms, return envelopes, checks and stubs. -::..--: 14 iXA~ DCA's Flexible Spending Account services generally fall into three categories: 1. Plan document preparation 2. Employee communication 3. Administration plan Document Preparation The initial step in implementing a Flexible. Spending Account program is the preparation of appropriate documents. Since the plan draft becomes a legal document upon its adoption, any plan draft prepared by DCA is intended for review by your legal counsel. In addition to the drafting of the plan document, a summary plan description (SPD) outlining the details of the program for participants would be prepared. Employee Communication Even the best designed plan will fail if employees don't , understand it or, worse yet, are suspicious of it. DCA can yrovide you with the appropriate informational materials to properly communicate your new program to employees, and, if desired, we can also conduct employee meetings for you. Each element of the DCA communication package has been carefully designed to be easily understood, yet comprehensive enough to properly inform employees about the benefits of your Flexible Spending Account plan. If desired, DCA also can help with the design and preparation of supplemental communication pieces, such as posters, brochures and slide shows. \": l~ iXIt.nc. Administration DCA's administration system operates as follows: 1. participants Submit Claims Whenever eligible "out-of-pocket" expenses are incurred, partici- pants record the expenses on claim forms and, once they total $50 or more, mail them to DCA. All participants are required to submit documentation supporting the expense with each claim for reimbursement. DCA conducts audits of claims of on a rolling sample basis one month per year. 2. Employer Transfers participant Census and payroll Data - At the end of each processing period (typically semi-monthly or bi-weekly), a hardcopy listing of any changes to enrolled participants' deduction amounts plus information on new " enrollees is submitted to DCA. 3. DCA Processes Claims and Prepares Checks - DCA processes and approves the claims received during the period and produces the appropriate checks and explanatory check stubs. The processing of claims is kept absolutely confidential. Only the claimant and DCA, Inc. know the nature of the claims submitted for reimbursement. If there is not enough money in an employee's account to cover claims submitted during the processing period, the excess claims are ~uspended and paid from \ 16 iXIt."- contributions made in a subsequent processing period (except at the end of the plan year after all contributions for the year have been paid to the employee for previously submitted eligible expenses). For plan years beginning in 1990 or later, this practice will no longer apply to the health care account and claims will be reimbursed up to the remaining amount of the employee's coverage, whether or not the employee's account balance is greater than the amount of the claim. 4. Summary Report Produced - A summary report of all financial activity in participant accounts for the period (including deposits, claims approved, claims paid, claims suspended and ending balances) is produced and sent to, the plan sponsor at the end of each processing period. " 5. Reimbursement Checks Distributed - The employer deposits or wire transfers to a special account the exact amount necessary to cover total participant reimbursements for the processing period. When the employer deposit is received in the universal checking account maintained by DCA for Flexible Spending Account plans, DCA releases the participant checks and explanatory stubs for distribution. Participant checks may be sent in batch to the employer or mailed to participants' homes. 'lh 17 iXIt;nc. PLEASE NOTE: The DCA universal checking account is set up exclusively for paying claims. As soon as the bank--First Bank Minneapolis--receives your employer depo~it or wire transfer, DCA is notified and participant checks are released immediately. DCA does not earn any interest on money transferred to the account and does not have access to the funds in any way except to pay participant claims. The advantages of the universal checking account to the plan sponsor are that DCA will reconcile the account transactions and will provide the check stock. At the end of each plan year, DCA will prepare an individual report for each plan participant showing all of the activity in his or her account during the year and the amount of his or her ending balance (forfeiture), if any. In addition, for calendar year plans, the December 31 summary report produced by DCA should aid the plan sponsor in preparing the dependent care account contribution section of participants' W-2 forms. If the plan year is not a calendar year, the employer will need to track the January 1 - December 31 dependent care account contributions for each participant in order to complete the W-2 forms. '-. -fo, 18 DCA.nc: Section 6 IMPLEMENTING THE PLAN Party Responsible You and DCA You and DCA DCA or your legal counsel DCA or your legal counsel You DCA You and DCA DCA You and DCA You You You and DCA Function Develop an implementation timetable Design the program Draft the plan(s); (If prepared by DCA, specimen plan drafts for review by legal counsel) Draft the summary plan description Announce employee meetings Prepare employee meeting presentation and handout materials Conduct employee meetings and distribute handout materials, enroll participants Prepare claim processing schedule " Establish data ~xchange procedures Modify the payroll system Enter participant information into payroll system Ongoing Flexible Spending Account administration 'tt, 1~ DCA.nc. Section 7 ABOUT DCA DCA was founded in 1953 to assist. employers in the design and administration of corporate pension and profit sharing plans. Responding"to the growing needs of our clients, and to constantly changing government regulations, DCA has expanded far beyond its original focus. DCA's consulting services presently include wage and salary systems, self-funded healthcare and workers' compensation programs, and the design and administration of all types of flexible compensation programs. DCA consulting services are provided through our three operating divisions--The DCA Benefits Group, The DCA stanton Group, and The DCA Healthcare Management Group. The DCA Benefits Group specializes in the areas of IRS- qualified retirement plans and Flexible Spending Account (FSA) " programs. In addition to providing FSA plan design, communication, and administration services for clients throughout - the Upper Midwest, the DCA Benefits Group provides the following services: actuarial valuations for defined benefit pension plans . recordkeeping for profit sharing, 401(k), ESOP, money purchase pension and thrift/savings plans . design, costing and installation of newly installed retirement plans (or redesign of existing plans) . retirement plan termination consulting " -tt 20 iXA.nc. . corporate merger and acquisition employee benefits consulting . government forms filing . employee benefit communications comprehensive flexible compensation programs We would welcome the opportunity to assist you with the installation and administration of your Flexible Spending Account program. "tt 21 iXA~ --c' ". CHECK NO. CHECK APPROVAL L.ING FOR SEPTEMBER 11, 1989 CO& MEETING TO WHOM ISSUED CHECKS ISSUED SINCE AUGUST 25, 1989 2876 2877 2878 2879 2880 2881 2882 2883 2884 2885 2886 2887 2888 2889 2890 2891 2892 2893 2894 2895 2896 2897 2898 2899 2900 2901 2902 2903 2904 2905 2906 2907 2908 2909 2910 (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) PURPOSE LIQUOR AND MISC PURCHASES LIQUOR, WINE, MISC PURCHASES LIQUOR AND WINE PURCHASES ANNUAL INSPECTION SEPTEMBER RENT-STORE I INK UNITS FOR REGISTERS LIQUOR AND WINE PURCHASES BEER AND MISC PURCHASES WINE AND MISC PURCHASES SEPTEMBER RENT-STORE II PRICE TAGS-GENERAL SUPPLIES TELEPHONE-GENERAL SUPPLIES UTILITIES AND ADVERTISING PAYROLL STATE TAX WITHHELD PAYROLL FED/FICA/MEDICARE WITHHELD PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS PAYROLL DEDUCTIONS EMPLOYEE HEALTH INSURANCE EMPLOYEE HEALTH INSURANCE EMPLOYEE HEALTH INSURANCE EMPLOYEE LIFE INSURANCE EMPLOYEE ACCIDENT AND SICKNESS INS. LIQUOR PURCHASES FUSER OIL-COPY MACHINE LIQUOR/WlNE/MISC PURCHASES LIQUOR AND WINE PURCHASES BELLBOY CORPORATION GRIGGS, COOPER AND COMPANY JOHNSON BROTHERS WHOLESALE MINNESOTA CONWAY FIRE/SAFETY HARRY NIEMELA NORTHWEST TYPEWRITER EXCHANGE ED PHILLIPS AND SONS POGREBA DISTRIBUTING CO. QUALITY WINE AND SPIRITS CO. RYAN PROPERTIES SALES SERVICE CORPORATION SHOREWOOD TRUE VALUE US WEST COMMUNICATIONS COMMISSIONER OF REVENUE THE BANK EXCELSIOR PUBLIC EMP. RETIREMENT ASSOC. ICMA RETIREMENT TRUST CITY COUNTY CREDIT UNION CHILD SUPPORT ENFORCEMENT MEDCENTER HEALTH CARE, INC GROUP HEALTH, INC. PHYSICIANS HEALTH PLAN OF MN COMMERCIAL LIFE INSURANCE CO. MINNESOTA MUTUAL LIFE BELLBOY CORPORATION COPIER ALTERNATIVES GRIGGS, COOPER AND COMPANY JOHNSON BROTHERS WHOLESALE VOID MINNEGASCO UTILITIES NORTHERN STATES POWER COMPANY UTILITIES ED PHILLIPS AND SONS LIQUOR AND WINE PURCHASES QUALITY WINE AND SPIRITS CO. LIQUOR AND WINE PURCHASES G & B PROMOTIONS PRINTS FOR CITY HALL PUBLIC EMP. RETIREMENT ASSOC. LIFE INS. PREMIUMS FOR SEPT. '"4': TOTAL LIQUOR TOTAL GENERAL TOTAL CHECKS ISSUED -1- AMOUNT $ 2,216.87 2,385.02 3,013.42 36.40 1,292.00 13.00 1,032.38 3, 121. 80 256.76 1,922.: 58 55.81 26.84 184.28 812.36 4,818.52 1,471. 71 468.08 37.00 165.00 389.10 254.70 3,501.00 34.20 108.00 2,277.39 34.50 9,209.77 937.15 104.40 486.50 394.17 810.69 328.00 18.00 29,811. 73 12,405.67 42,217.40 i~ \ CHECK NO. CHECK APPROVAL ltTING FOR SEPTEMBER 11, 1989 CO.IL MEETING TO WHOM ISSUED CHECKS FOR COUNCIL APPROVAL 2911 2912 2913 2914 2915 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 2926 2927 2928 2929 2930 2931 2932 2933 2934 2935 2936 . 2937 2938 2939 2940 2941 2942 2943 AT & T ACRO MINNESOTA, INC. AIRSIGNAL, INC. ALBINSON'S AMERICAN LINEN SUPPLY CO. BROWNING-FERRIS INDUSTRIES BRAUN ENGINEERING BRYAN ROCK PRODUCTS CHASKA PARTS SERVICE COLOR OPTIC DISPLAY COMMERCIAL ASPHALT COMPANY COPIER ALTERNATIVES FROBERG AND PENBERTHY, P.A. HENNEPIN COUNTY TREASURER HEINEN AND MASON, INC. LOWELL'S AUTO PARTS JOHN MELDAHL METRO SALES, INC. MIDWEST ASPHALT COMPANY MINNEGASCO MINNESOTA ROADWAYS COMMISSIONER-TRANSPORTATION MOODY'S INVESTORS SERVICE MUNITECH, INC. NORTHERN STATES POWER CO. OFFICE PRODUCTS OF MINN. JOSPEH PAZANDAK PEPSI-COLA COMPANY PERSONNEL DECISIONS ALAN ROLEK SMALL BUSINESS CLEANING TONKA AUTO AND BODY SUPPLY US WEST COMMUNICATIONS -:;--. -2- PURPOSE AMOUNT UTILITIES $ LABELS FOR FILING SYSTEM BEEPE.R_FOK. PUBL I C WORKS XEROX REDUCTIONS-PLANNING PUBLIC WORKS/CITY HALL LAUNDRY SER. SATELLITES-PARKS ENG. SERVICES FOR LAWTONKA LlMESTONE-RR WALKWAY MISC AUTO PARTS-PUBLIC WORKS DISPLAY RACK AND SHIPPING HOT MIX-HOWARD'S POINT ROAD REPAIR-MAINTENANCE OF COPIER LEGAL SERVICES FOR AUGUST PRISONER EXPENSE PARTS FOR SPRINKLER FUEL INJECTOR CLEANER PUBLIC WORKS PARTS-NOZZLES/COUPLERS PARTS FOR COPIER HOT MIX & TACK OIL-COVINGTON ROAD UTILITIES SEAL COATING AMESBURY RE-LAMP 7 & VINE HILL PROFESSIONAL SERVICES MAINTENANCE SERVICES FOR SEPTEMBER UTILITIES TYPEWRITER PRINT WHEEL MILEAGE AND PHOTO FINISHING POP PURCHASES QUESTIONNAIRE FEE AND EXPENSES MILEAGE CITY HALL JANITORIAL SERVICES BRAKE FLUID, OIL, SPRINGS UTILITIES TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST 8.54 45.00 9.00 .15 . 20 385.48 400.75 44.00 11,880.08 187.93 102.29 1,323.75 98.00 6,121.00 595.25 26.45 5.67 25.25 55.75 8,196.74 8.98 1,750.00 40.61 3,000.00 4 , 917 .00 1,617.81 28.00 73.29 60.41 616.30 80.26 275.00 38.10 171. 73 42,203.62 84,421.02 ;~ CHECK APPROVAL .TING FOR SEPTEMBER 11, 1989 CeIL HEETING CHECK NO. TO WHOM ISSUED HOURS AMOUNT PAYROLL REGISTER FOR AUGUST 29, 1989 PAYROLL 203309 VOID 203310 (G) LAURENCE WHITTAKER 80 REG HOURS $ 913.89 203311 (G) SANDRA KENNELLY 80 REG HOURS 745.73 203312 (G) SUSAN NICCUM 80 REG HOURS 544.80 203313 (G) ANNE LATTER 80 REG HOURS 505.40 203314 (G) ALAN ROLEK 80 REG HOURS 922.27 203315 (G) WENDY DAVIS 80 REG HOURS 560.91 203316 (G) BRADLEY NIELSEN 80 REG HOURS 910.15 203317 (G) PATRICIA HELGESEN 59.5 REG HOURS 556.53 203318 (G) JOSEPH PAZANDAK 80 REG HOURS 814.64 203319 (G) CHARLES DAVIS 80 REG HOURS 402.80 203320 (G) DENNIS JOHNSON 80 REG HOURS 667.42 203321 (G) DANIEL RANDALL 80 REG HOURS 683.57 203322 (G) HOWARD STARK 82 REG HOURS 589.08 203323 (G) RALPH WEHLE 80 REG HOURS 523.15 203324 (G) DONALD ZDRAZIL 80 REG HOURS 938.24 203325 (G) JOSEPH LUGOWSKI 82 REG HOURS 677 .32 203326 (G) TODD LATTERNER 80 REG HOURS 90.67 203327 (L) RUSSELL MARRON 47 REG HOURS 233.59 203328 (L) CHRISTOPHER SCHMIDT 80 REG HOURS 417.08 203329 (L) JOHN THOMPSON 35 REG HOURS 171.06 203330 (L) MICHAEL KOEBENSKY 31.5 REG HOURS 152.02 203331 (L) BRIAN JAKEL 31 REG HOURS 150.00 203332 (L) MARK KARSTEN 27 REG HOURS 133.87 203333 (L) WILLIAM JOSEPHSON 80 REG HOURS 577 .54 203334 (L) SUSAN LATTERNER 30 REG HOURS 138.28 203335 (L) DEAN YOUNG 80 REG HOURS 551.95 203336 (L) SCOTT BENNYHOFF 27.5 REG HOURS 128.06 203337 (L) SCOTT BARTLETT 35 REG HOURS 166.13 203338 (L) DANIEL HAASKEN 12 REG HOURS 61.50 203339 (L) DOUGLAS FULLER - 37.5 REG HOURS 146.98 203340 (L) MICHEAL FONTAINE 23 REG HOURS 109.25 TOTAL GENERAL 11 ,046.57 TOTAL LIQUOR 3,137.31 TOTAL PAYROLL 14,183.88 "t: -3-