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041089 CC Reg AgP - ,r~ "'I , '., CITY OF SBOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 10, 1989 COtJlllCIL CIlAIIIJDS.. 57 5S ,. comrrity ~{,ltOAD 7:30 P.M. ~ 4. ,tj..~ ~ ;rJ/} {pr"fr fr AGENDA ROLL CALL / Mayor aaugen Watten Brancel Gagne Stover A. PLEDGE OF ALLEGIANCE B . ROLL CALL 1. APPROVAL OF MINUTES A. Regular Council Meeting - March 27, 1989 (Att.No.lA-Minutes) B. Special Meeting - Glen Road 19 Drainage Study- April 3, 1989 (Att.No.lB-Minutesl 2. MATTERS FROM THE FLOOR A. B. 3. COMMISSION REPORTS A. Planning Commission B. Park Commission CONSENT AGENDA 5. 6. A. 1989 Weed Spraying Contract - Mahoney Homes Services (Att.No.4A-Bid Proposal and ~ Memo) . tV CITY ADMINISTRATOR APPOINTMENT - LARRY WHI~AKER~~ 1 COMPARABLE WORTH STUDY - STATUS REPORT BY JIM SCHULT. . . . . ~, (Att.No.6A-Report from HIt Management) 7. FINAL PLAT APPROVAL/DEVELOPMENT AGREEMENT-STRAWBERRY 2nd ADDITION Applicant: Nanci Strickland-Balogh '. Location: N.E. quadrant of Strawberry Lane and Hennepia County Regional Railroad R.O.W. . (Att.No.7A-Proposed Resolut.1. and DevelopmentA"reement) -1- , ,. k\ AGENDA-MONDAY, APRIL 10, 1989 PAGE 2 8. RENTAL HOUSING CODE-FIRST DRAFT (Att.No.8A-Staff Report/ Proposed Code) 9. STAFF REPORTS A. PLANNER'S REPORT 1. Planning Commission Recommendations: a) permits for small utility buildings; and b) completion deadlines for construction projects . ~? ~- ~n} J..lfrLu.ir 2. ()~ ~ ~~. AiV'. D~~~ B. ATTORNEY'S REPORT 3.~~ ~.r.fJ. ' 1. JG-~._'. ~-~ ~ov- ~~ ..~ eX. C4Af.~ h'--/ - (U--<.-<.-cC:p L-t. ~(7L-~ C' (Lc.o~ ~ tJ.-1". < C. ENGINEER'S REPORT .3 t/'o)aJ .,cL. L4"- t..'Y~ C~L& I nf!;a.r.-....j rr~ ~.A.l~...) - J,4 0. 1. Estimate of Surveying f.A.A.c.LN ~0n-Y C!nt.N Drainage Area. tit tf..i, . tl)-> - ~ dd.~ eL 2. l-.~. D. FINANCE REPORT Costs - Glen Road/County Road 19 (Attochment No. 9c.- Sto--Pfl ~rt'), ~J 9..&.00 <<!L}(;) _. .'-=//'f ~ 02rO() L01 ~..IO 6~;'~. . ?J . . /J.,L.,- d.e~1'U-~ .yJ7~?J. tin t!J..~P) ....- V.., ..L _L. , _ ,v c-tr~. Animal Control - Cost of Increased Services. (Att.No.9D-Staff Report) 1. E. ADMINISTRATIVE REPORT 1. Support for West Hennepin Human Services (Att.No.9E-1-Letter of Request) ~ 2. ~ ~. '\:) Meeting Dates a. Board of Review - April 19, 1989 (Att.No.9E-2-Notice) 10. COUNCIL b. Executive Session - Union Negotiations: Suggested 7:00 P.M. - April 24, 1989 ~EPO~~ cj2-&-Y'L ~ ~ ~ da-~ fJ. ~ ~/~ A. MAYOR'S REPORT 1. I',; 2. -2- JJ; ~ Q~ /~;y// R-fJ ' ., t- ...... . AGEHDA- MONDAY, APRIL 10, 1989 PAGE 3 10. COUNCIL REPORTS -Continue B. COUNCIL REPORTS 1. 2. 11. APPROVAL OF CLAIMS AND ADJOURNMENT . .." :t:'~"': --" -3- , . . ". CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 27, 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., March 27, 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, CouncilmembersBrancel, Watten, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, Brancel seconded, to approve the minutes of the Special meeting of March 6, 1989, as written. Motion carried - 5 ayes. Brancel moved, Gagne seconded, to approve the minutes of the Regular meeting of March 13, 1989, as written. Motion carried - 5 ayes, COMMISSION REPORTS Planning Commission Stover reported on the discussion on a reforestation policy. None is in effect at this time. They will also be reviewing the restrictions on accessory structures. Stover will report on the other items as the Council acts on those agenda items. Park Commission No meeting was held. SETBACK VARIANCE - 5351 SHADY HILLS CIRCLE RESOLUTION NO.22-89 Mr. Marsten was present to request a reconsideration on a setback variance to build a home on 5351 Shady Hill Circle. He has revised his original request to lessen the variances needed. He now needs a five ~ot front yard for a corner of his garage and a thirteen feet rear yard. This site plan is referred to as Exhibit A-3 in the Planner's report dated March 16, 1989. Mr. Marsten feels the -1- MINUTES - MOND~ MARCH 27, 1989 PAGE 2 . SETBACK VARIANCE - 5351 SHADY HILLS CIRCLE - Continue RESOLUTION NO.22-89 variance is warranted due to the configuration and topography of the lot. Stover stated that the Planning Commission did unanimously approve the granting of the variance in Exhibit A-3. Watten moved, seconded by Brancel, to grant the variance subject to the Planner's report and Exhibit A-3 dated March 16, 1989 and direct- ed the Attorney to draw a resolution granting that variance. Motion carried - 5 ayes. MARILYNWOOD 2nd ADDITION-PRELIMINARY PLAT APPROVAL RESOLUTION NO.23-89 The Planning Commission has asked for a grading plan that would show an 8% or less slope for the driveway on Lot 2. They did approve the preliminary plat of the Marilynwood 2nd Addition subject to the Planner's eight recommendations dated March 14, 1989, plus a nineth recommendation requiring the Engineer to review the drainage plan for the east side of Riviera Lane. Planner Nielsen stated that the grading and drainage be reviewed prior to the final plat. Brancel clarified that an existing non-conforming garage will remain on Lot 1 but a shed on Lot 2 will be required to be removed. Council would like to see the final drainage dive:Eted _. to a large pond in compliance with the Comprehensive Water Plan. Gagne moved, seconded by Brancel, to direct the Attorney to draw a resolution approving the preliminary plat of Marilynwood 2nd Addi- tion subject to the Planner's recommendations of March 14, 1989, including the Engineer's review of drainage on the east side of Riviera Lane. Motion carried - 5 ayes by Roll Call Vote. PUBLIC HEARING-CDBG YEAR XV ALLOCATION OF FUNDS RESOLUTION NO.24-89 Mayor Haugen opened the public hearing to allocate Year XV of the CDBG funds at 7:50 P.M. The City has $20,595.00 in funds to allo- cate beginning July 1, 1989 to June 30, 1990. The South Shore Senior Center has requested $5,708.00 for daily operations in the area of salaries. After asking for public comment and receiving none, Mayor Haugen closed the public portion of the hearing at 7:52 P. ! Brancel asked if the previous year funds were being used. Clerk Kennelly and Mayor Haugen explained the manner of allocation and Clerk Kennelly stated that funds have been completely allocated for public rehabilitation. -2- ---Itrt.::::t:)----~Il--------l:.._rI1::- PL"-C-V-.v-u.w-- --p-L;-~P""'-'~-~-~-. "..;u....-___ .t:'- -.1:'------2,----- -u__ ---~------~-- when a clear title could not be obtained. The exchanges of land does not create a greater non-conformance to either lot. Stover moved, seconded by Brancel, to direct the Attorney to draw a resolution approving the division/combination as requested. Motion carried - 5 ayes by Roll Call Vote. -3- . . MINUTES PAGE 4 MONDAY, MARCH 27, 1989 NOEL WOOD 2ND ADDITION - FINAL PLAT RESOLUTION NO.28-89 Planner Nielsen submitted a report to the Council listing the recommendations for approval of a two lot subdivlsion, Noel Wood 2nd Addition. He stated the request was simple except for the provision to share a driveway. He recommended that Mr. Emmer's attorney is to prepare a covenant to be filed with the deeds regarding the cross-easement for the driveway. Watten moved, seconded by Gagne, to approve the final plat and directed the Attorney to draw a resolution subject to the Planner's report dated March 27, 1989. Motion carried - 5 ayes by Roll Call Vote. STAFF REPORTS Attorneys Report Amendment to Dog Ordinance Ordinance No.213 Attorney Froberg submitted the amendments directed by Council at the March 13, 1989 Council meeting. He explained that these amendments will be incorporated into the balance of the Code creating a revised Code. Gagne moved, seconded by Stover to accept the second reading and adopt the Ordinance as submitted. Motion carried by Roll Call Vote - 5 ayes. Fee Schedules for Redemption of Animals Resolution No.29-89 Attorney Froberg submitted a resolution setting impound fees as directed. This provides for a $25.00 first offense, $50.00 second offense and $100.00 third offense fee within a twelve month period. Gagne moved, seconded by Brancel to adopt the resolution as submitted. Motion carried by Roll Call Vote - 5 ayes. Designating Midwest Animal Patrol to Issue Citations Resolution No.30-89 Attorney Froberg prepared a resolution designating Midwest Animal Patrol as an agent of the City to issue citations for dog violations. Stover moved, seconded by Gagne, to approve the resolution as submitted. Motion carried - 5 ayes by Roll Call Vote. Discussion on Christmas Lake Road Cul-de-Sac The question of responsibility for the replacement of "safe hits" on the Christmas Lake Road cul-de-sac was reviewed. Staff -4- ) , . MINUTES - MONDAY, MARCH 27, 1989 MGE5 . STAFF REPORTS Attorneys Report Discussion on Christmas Lake Road Cul-de-Sac- Continue reviewed the development contract with CDS that provides for a one year warranty period after completion and final inspection. It is the City's responsibility to see that the repairs are done. Engineer Norton will notify CDS that the "safe hits" are defective and they should repair or replace them. Engineer Norton will also submit a letter of acceptance of improvements effective from the final inspection date for the one year warranty and determine the acceptance of the "safe hits". Council asked that CDS supply replacement safety hit after the one year warranty unless they would like to provide a better method. Council directed Engineer Norton to check the manufactures warranty on the "safe hits". Attorney Froberg clarified that referral to Christmas Lane re- garding this cul-de-sac project was not correct identification, the entire project took place on Christmas Lake Road. Enqineers Report 1989 Street Improvement Project Direction Engineer Norton asked direction whether to include the City Hall parking lot in this years road improvement project. Council felt that it should not be included until the salt/sand pile is relocated. Council does want improvements to the area to begin by adding shrubs and berms that would comply with over all plan. Staff will submit a plan that would begin the improvement in conjunction with a final plan as not to waste funds. Administrative Report Set Joint Work Session Date Council will hold a joint Commission/Committee work shop beginning at 6:30 P.M., Monday, April 17, 1989; and set aside Monday, May 1, 1989 for a continuation if needed. South Shore Senior - Mayor Haugen will attend a meeting on April 5, 1989 at 7:00 P.M. regarding relocation of the seniors facilities. Glen Road Drainage Information Meetinq An informational meeting will be held at 7:30 P.M., April 3, 1989 to explain to the residents of the Glen Road drainage proposal. -5- , ' CITY OF SHOREWOOD PLANNING COMMISSION MEETING TUESDAY. 4 APRIL 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER Chair Schultz called the meeting to order at 7:33 P.M. ROLL CALL Present: Chair Schultz; Commissioners Bongaards. Robertson. Spellman. and Benson; Council Liaison Stover; Planner Nielsen; Planning Assistant Helgesen. Absent: Commissioners Mason and Leslie (excused). APPROVAL OF MINUTES Robertson moved. seconded by Benson to approve the minutes of 21 March 1989 as written. Motion carried unanimously. A memo from Planner Nielsen to the Commission regarding criticism of the minutes of the joint meeting held on 17 January was discussed. Chair Schultz summarized that it is the impression on the part of some members of the Planning Commission that the City Council does not adhere as strictly as it might to the provisions of the Zoning Ordinance. No action was taken as to the manner in which the minutes are recorded. 7:30 P.M. PUBLIC HEARING - SIMPLE SUBDIVISION AND LOT AREA VARIAlICE B-T Ventures (Rick Murray) - 23622/23622 Smithtown Road Mr. Rick Murray. representing B-T Ventures would like to divide this property located in the R-2A zoning district and which contains a two-family dwelling. in half by means of zero lot line division. Due to the location of the existing structure. the proposed easterly parcel would be 6090 sq. ft. less than the required 15.000 sq. ft. area per unit lot. The applicant is requesting a lot area variance. Public portion of the public hearing opened at 7:45 P.M. Mr. Murray said his company is marketing several two-family properties and have not had any offers as is. They hope by dividing the units they will be able to sell them separately. He said the Party Wall Agreement addresses shared utilities and access very well. He said he does not see why they must separate the sewer utilities. Public portion of the public hearing closed at 7:48 P.M. Spellman moved to recommend to Council approval of the simple subdivision and lot area variance subject to the recommendations as set forth in the Planner's report dated 31 March 1989. Benson seconded for discussion. Planner Nielsen said that separate utilities are required for a variety of reasons. for instance. potential sewer problems or unpaid utility bills. A1 though he would need to research the exact reasons for the requirement. "'~.._"-... Minutes Planning Commission Meeting 4 April 1989 Schultz asked what disadvantages there would be to jogging the lot line in order to gain the additional square footage required to avoid the variance. Nielsen said the westerly portion of the lot is covered by low. wet ground making much of it practically unusable. The usable space between the two proposed lots is about equal. Mr. Murray said the proposed lot line is a marketing concern as well. A lot line that angles too much one way or the other makes it hard to determine whose backyard is whose. Nielsen suggested that perhaps the Ordinance needs some revision to make division of existin~ doubles less difficult. Motion carried unanimously by roll call vote - 5 ayes. '!his item will appear on the Council agenda of 24 April 1989 at the request of the applicant. RENTAL HOUSING ORDINANCE - FIRST DRAFT Planner Nielsen reviewed each section of the draft ordinance. He said the City Attorney has done some preliminary review and strongly advises against the City doing any correction of problems itself. In the case of tenant eviction (for safety purposes) the Attorney also advises against the City taking any responsibility to accommodate the tenant. If property must be vacated. it should be the responsibility of the landlord to see that the tenant has a place to live until the rental unit is safe to return to. Nielsen said the definition for "Household" as written in the draft ordinance. should replace the definition for "Family" in the zoning ordinance. It is important that there be consistency between the two ordinances. Schultz asked if nonconforming rental units which have been grandfathered-in due to existence before 1965 would lose their grandfather rights should they fail to apply for a rental license. Also. do grandfather rights transfer with the sale of property? Nielsen said that would be a good provision to have in the ordinance and will check with the ^~torney about it. Grandfather rights currently do transfer with sale. although some cities have provisions: against it. Bongaards said she dOE!sn' t feel 5 days is enough time allowed to file appeal. Spellman moved. seconded by Robertson to recommend to Council approval of the first draft of the rental housing ordinance. Schultz said he would like more time to consider this draft and to hear the comments from the Attorney. Fire Marshall and Inspector. Nielsen suggested that this first draft is sufficient for concept. and he could bring back a second draft incorporating the staff and attorney's. as well as the Council's comments. Bongaards asked if thE~ cost of enforcement of this ordinance will be that of the taxpayers? Nielsen s~Lid the fees would be designed to cover the cost of enforcement. Bongaards said this ordinance seems a little like government interference. Motion carried - 4 aYE~s - 1 nay (Bongaards). This item will appear on the Council agenda of 10 April 1989. - 2 - . Minutes rlanning Commission Meeting 4 April 1989 PERMIT REQUIREMENTS - UTILITY SHEDS/CONSTRUCTION PROGRESS The Council has requested the Planning Commission to consider the requirement of building permits for utility sheds of any size. in contrast to the current requirement of permits for only those sheds that have a projected roof area of l20 square feet or more. Also needing consideration is the time allowed to complete construction of sheds as well as houses. Planner Nielsen explained that his department recently conducted a !3urvey of other communities as to what their requirements are. He said some cities require all buildings to meet full setbacks. others allow encroachments as does Shorewood. Cities had varying lengths of time allowed to complete construction. Many are adopting stricter regulations. typically requiring completion within 1 year. Schultz suggested the idea of requiring permanent foundations for all building regardless of size as a determent. Nielsen said that would be difficult to defend and would be unpopular with residents. Bongaards moved to recommend to Council to not make any amendments to the ordinance because the current regulations are sufficient in regard to building permit requirements. Motion died for lack of a second. Bongaards moved. seconded by Benson to recommend to Council to not require building permits for tool and utility building under 120 square feet projected roof area. Motion carried unanimously. In regard to construction progress. the Planning Commission directed Planner Nielsen to draft an ordinance which would require dwellings to have an exterior finished within 1 year and completely finished within 2 years. Also. to require accessory buildings to be completely finished within 1 year. SENIOR HOUSING DISCUSSION This item ~as brought up as part of an ongoing effort to discuss senior housing development in Shorewood. Planner Nielsen said the City is considering allowing senior housing by C.U.P.. or perhaps P.U.D. in certain areas. He said the uity needs to decide if it considers 12 units per acre acceptable. as this is the minimum a developer would need. He reminded the Commission that senior housing has less impact per density. Schul tz asked what if the project fails and is sold as apartments? Nielsen said the City Attorney is looking into this. If the City would involve itself. through Tax Increment Financing for instance. it could retain more control. The Commissioners agreed that potential sites should be located in central or east Shorewood near commercial and public services. bus lines. etc. MATTERS FROM THE FLOOR Commissioners agreed to meet on 18 April to discuss the second draft of the rental housing ordinance. - 3 - . Minutes Planning Commission Meeting 4 April 1989 REPORTS Stover reported that the uounci1 has postponed its annual work session originally scheduled for 17 April 1989 until further notice. The Council does plan to hold a special meeting with staff for goal-setting purposes. Jim Brimeyer of Sathe & Assoc. who recently led the search for the new administrator. will facilitate this meeting. He has said the meeting needs to be limited to eight people. Benson said he thinks the Council . is kissing Brimeyer's ass. Also reported on was the meeting held for Glen Road/Co. Rd. 19 drainage discussion. The reforestation policy concept was discussed by Council with no action taken. ADJOURNMENT Spellman moved. seconded by Robertson to adjourn the meeting at 10:35 P.M. Motion carried unanimously. Submi t ted by: Patti Helgesen Planning Assistant - 4 - l ," . . , CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MONDAY. APRIL 3. 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7 :30 P.M. MINUTES ROLL CALL A special meeting was called to order by Mayor Haugen at 7:35 p.m. on Monday. 3 April 1989. to discuss the drainage study for the Glen Road/County Road 19 area. Present: Mayor Haugen. Counci1members Gagne and Stover. (Absent - Brance1). Watten arrived at 7:42 p.m. Staff: Attorney Froberg. Engineer Norton. Surveyors Ames and McGibbon and Planner Nielsen. GLEN ROAD/COUNTY ROAD 19 DRAINAGE AREA STUDY Mr. Jim Mahady. Engineer for the Minnehaha ~reek Watershed District and Mr. Woody Love. one of the managers for the District. presented the "Hydrologic Analysis - Glen Road - County Road 19 Subwatershed". dated June 1988. Mr. Mahady explained that the MCWD became involved in the project at the request of the City. because the area in question is affected by drainage from Shorewood. Tonka Bay and the County Road 19 right-of-way. Mr. Mahady summarized the study which proposes two alternatives for resolving drainage problems in the area: 1) a storm sewer system; or 2) a series of ponds connected by short segments of storm sewer which allow a positive outlet for runoff. The study recommends. and the City has adopted. the alternative which utilizes the series of ponds. The recommended alternative has several advantages to it. Maintaining ponding areas where the water naturally collects eliminates the need for constructing small on-site ponding areas on individual sites. These smaller ponding areas. while meeting Watershed District requirements. are typically forced onto the site. resulting in unnecessary site alteration (grading. tree removal. etc.) and are less effective than taking advantage of larger ponds formed by existing topography. The proposed ponding system has been sized on the basis of runoff from projected future land uses in the subject watershed area. Mr. Mahady pointed out that the plan must be considered preliminary pending field checking of actual conditions and preparation of more detailed engineering drawings. At Mr. Nielsen's request. Mr. Mahady explained that the ponds were intended to be "dry ponds". that is the connecting pipes would provide positive drainage downstream. The ponds would detain runoff during rainstorms. allowing silt and sediment to settle out before draining out to the next lower pond. , .; MINUTES SPECIAL COUNCIL MEETING APRIL 3, 1989 . . Several members of the audience raised questions and concerns. Dave Littlefield. He feels that the easements which were requested from area residents were intimidating, particularly since there may not have been a clear understanding of what is proposed. Roger Fishbach. They get water in their basement now and are concerned that attempts to retain water might aggravate the problem. Mahady responded that the plan will result in the areas which now flood will be drier more often. Tom Story. He feels that the old area drain tile system was disrupted when the sanitary se'tITer system was installed. He wouldn't mind giving up some easement if the problem were solved. Chuck Farrell. apartment site? Does the study take into account drainage from the new Yes. Barbara Livingston. Why wasn't their house shown on the topography maps? The proposed easement goes through their house. Mahady explained that the available data was prepared prior to construction of their home. Problems such as this will be field checked and the final plan will be modified to correct them. Chuck Farrell. He is unwilling to sign an easement on the basis of a preliminary study. Roger Fishbach. How much disturbance will construction of the storm sewer create? Mr. Ames responded that while the trench itself is relatively narrow, the temporary construction easement is 70 feet wide with a 20 foot permanent easement. The 20 foot permanent easement has to remain relatively clear for future maintenance. The ponds themselves do not require excavation. Debra Farrell. What is the time frame for the final plan? How will it be paid for? It is hoped that a final plan can be completed within the next 3-6 months. During that time the City has to explore various funding methods (e.g. direct assessment, general fund, storm sewer district, etc.). Kristi Stover. Who prepares the final plan? Presumeably the City Engineer. John Miller. He just moved in nine months ago and feels the neighborhood should have been involved earlier. Sandy Van DerVeer. Has the plan been studied for potential affects on area wells? Mahady - no but, if anything, moving the 'tITater through the area more quickly should lessen potential impact. Debra Farrell. Can the project go ahead without Tonka Bay? Yes. What do the $2500/acre figures in the study represent? Estimated expenses if the City has to buy easements. She feels the amount should be based upon assessed values of the property. - 2 - MINUTES SPECIAL COUNCIL MEETING APRIL 3, 1989 . . J- Bud Osmonson. The total cost of Shorewood's portion of the plan would be approximately $45 - 55,000 if the City doesn't have to buy easements and if Baywood Shoppes excavates Pond No.3. Chuck Farrell. He prefers piping (storm sewer) to Pond No. 3 and enlarging Pond No. 3 to eliminate Pond Nos. 1 and 2. Roger Fishbach. He questions the location of Pond No. 1 and feels it may actually be located further to the east. Kristi Stover. Can the area be more accurately surveyed, Yes - either by ground crew or aerial survey. Mayor Haugen. It sounds like the City should have new aerials prepared. Nielsen intends to suggest this in the 1990 budget. Gagne moved, seconded by Stover to ask the City Engineer to prepare an estimate of surveying costs for the 10 April Council meeting. Motion carried unanimously. Watten moved, seconded by Gagne to have the City Attorney obtain an estimate of cost from an appraiser relative to determining value of proposed easements. Motion carried unanimously. Mayor Haugen informed the Council that there would be an executive session to discuss the Henney lawsuit and pending litigation by Betty Christesen. Gagne moved, seconded by Watten to adjourn the meeting at 10:30 p.m. Motion carried unanimously. Respectfully submitted, Bradley J. Nielsen City Planner/Building Official BJN:ph - 3 - . .. CITY OF SHOREWOOD MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancal Vern Watten 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMO TO: Mayor a~ yOunCi1members . sandra~e11Y and Don~~azi1 FROM: DATE: March 29, 1989 SUBJECT: 1989 Weed Spraying Contract Please find attached bid proposal for the 1989 Weed Spraying Contract from Mahoney Homes Services, Inc. This years contract does represent an increase in cost from $1,880.00 to $1,940.00 for roadside spraying. This is a total bid of $2,590.00, $2,700.00 is the budgeted figure. Public Works Director Zdrazil does recommend acceptance of this bid. Attachment A Residential Community on Lake Minnetonka's South Shore - 4\ -- ~ ._. ...'" -s ~ ~ ~ ;:: ~ ~ ;: l"'-lIiIi ~ ~ S8 == . HumAource Cons. and iWanagement Services April 2, 1989 Mayor and Council Members City of Shorewood 5755 Country Club Road ShorewQod, MN 55331 Subject: Compensation Administration Project The project is proceeding steadily awaiting primarily the completion of job description questionnaires by City employees. To date, questionnaires for the these jobs have been completed: Liquor Store Manager, Assistant Liquor Store Manager(s), Secretary/Receptionist, Public Works Director and Light Equipment Operator/Laborer. Other questionnaires are reported to be "in process." Two meetings were held with two groups of employees on March 6. The purpose was to explain the project, its purpose and employees' roles in it. Feed-back has been positive. Employees are relieved and pleased that they will have direct input into the system and information base which ultimately will affect their compensation. The project proposal submitted on January 30, 1989 and subsequently accepted and approved by the Council noted that a method for determining the relative value of jobs would need to be selected. It is by this method that jobs are ultimately ranked resulting in comparably valued and ranked jobs having comparable salary (dollar) values. The "job match" system used by Labor Relations, Inc. was reviewed generally with Karen Olsen and in some detail with Kaye Ahoe of Personnel Decisions, Inc. (POI). POI is the consulting organization now responsible for administering the job evaluation project undertaken by Control Data Business Advisors (CDC) under agreement with Metropolitan Area Managers Association (MAMA). Business Advisors is now defunct and sold the MAMA project to POI. The job match system used by Employee Relations, Inc. to evaluate Shorewood's jobs consists of only 29 jobs "sampled" from the MAMA project. Only about 20 of the 29 are considered "city" jobs. Others in the group of 29 are jobs in other governmental entities 5465 Timber Lne E"'Cceisior. .\IN 55331 6121474-3994 loA -s ;:: ~ ~ ~ ~ ~ ~ == .. . . Mayor and Council Members April 2, 1989 Page 2 such as utilities and libraries. The approximately 20 "city" jobs are representative of seven "job families" including police/fire and public health. The jobs that might have a slim chance of being comparable to jobs in the City of Shorewood number less than 15, few of which can be expected to be close matches. The result is that the job match system hoped to be a quick and easy way to determine relative values of Shorewood jobs is not a viable approach. Apparently, the City of Shorewood had the opportunity to participate with MAMA in the development of a task based system covering 10,000 employees in 135 government entities (municipalities, libraries, utilities, Metropol- itan Airports Commission, etc.) The system developed initially byCDC and now administered by POI is a detailed, carefully developed system which establishes relative values of jobs for disciplined salary admini- stration while responding to employee sensitivity. It is a highly participative system which was developed with input from several hundred employees from across the State and participation through the completion of approximately 10,000 job questionnaires each of which was evaluated using the system. The system has identified approximately 6000 separate job tasks which are performed as requirements of the jobs covered by the project. The City of Shorewood still has the opportunity to become part of the comprehensive MAMA system. Unfortunately, it is too late for Shorewood employees to participate in the system's development. However, there will be opportunity for them to participate in system maintenance if the City should agree to become a part of the MAMA system at this time. It is recommended that the City of Shorewood reconsider its decision to not participate in the MAMA system. Participation at this time will require a $3500 one time fee plus $50 per job to be evaluated. Thirteen distinct jobs have been identified in the past. A fourteenth job, Liquor Store Mana r, sh uld be included resulting in an initial expense 0 $420 ($3500 plus 14 x $50). Future costs would be $10 30 for each new job to be evalu- ated through the system or re-evaluation of a previously evaluated job. <>. ... N ;:: ~ ~ ~ ~ ;:: \:S i == . . Mayor and Council Members April 2, 1989 Page 3 Alternatives to participating in the MAMA project include developing a unique system for the City of Shorewood and purchase of a system from another consulting organiza- tion. Both alternatives would prove to be more expensive and not have the advantages of close linkage to data established by the MAMA system. I will ask Sandy to put the Compensation Project on the agenda for the April 10 Council meeting at which time we can discuss in more detail the features and benefits of the MAMA project. · RESOLUTION NO. -89 . A RESOLUTION APPROVING THE FINAL PLAT OF STRAWBERRY FIELDS 2ND ADDITION WHEREAS, the final plat of STRAWBERRY FIELDS 2ND ADDITION has been submi tted in the manner required for the platting of land under the Shorewood City Code and under Chapter 462 of Minnesota Statutes, and all proceedings have been duly had thereunder; and WHEREAS, said plat is consistent with the Shorewood Comprehensive Plan and the regulations and requirements of the laws of the State of Minnesota and the City Code of the City of Shorewood. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shorewood: 1. That the final plat of STRAWBERRY FIELDS 2ND ADDITION is hereby approved. 2. That the approval is specifically conditioned upon the terms and conditions contained in the Development Agreement for STRAWBERRY FIELDS 2ND ADDITION, attached hereto and made a part hereof. 3. That the Mayor and City Clerk are hereby authorized to execute the Certificate of Approval for the plat and the said Development Agreement on behalf of the City Council. 4. That this final plat shall be filed and recorded within thirty (30) days of the date of certification of this Resolution. BE IT FURTHER RESOLVED, that the execution of the Certificate upon said plat by the Mayor and City Clerk shall be conclusive, showing a proper compliance therewith by the subdivider and City officials and shall entitle such plat to be placed on record forthwith without further formality, all in compliance with Minnesota Statutes and the Shorewood City Code. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this _ day of , 1989. Jan Haugen, Mayor ATTEST: Sandra L. Kennelly, City Clerk Roll Call Votes: Ayes: Nays: 7A . ~pril 4, 1989 CITY OF SHOREWOOD RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT STRAWBERRY FIELDS 2ND ADDITION THIS AGREEMENT, made this _ day of , 1989, by and between the CITY OF SHOREWOOD, a Minnesota municipal corporation, hereinafter referred to as the "City", and STRICKIJ\ND VEN'l'URES II, a Minnesota partnership, hereinafter referred to as the "Developer". WHEREAS, the Developer has previously entered into a Development Agreement with the City dated October 19, 1988, for the development known as Strawberry Fields; and WHEREAS, Developer has previously filed with the City the first final plat for said development; and WHEREAS, Developer now desires to file the second final plat for said development, which is the plat of Strawberry Fields 2nd Addition, which is a replat of the lot originally platted as Outlot A, Strawberry Fields, and which replat is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, in consideration of the foregoing premises and acceptance by the City of the final plat of Strawberry Fields 2nd Addition, the City and Developer agree as follows: 1. The Developer shall submit an Agreement Providing Alternative Security for Subdivision Improvements for the property platted as Strawberry Fields 2nd Addition, for review and approval by the City prior to recording of the plat. 2. Developer acknowledges that as a newly platted development, additional sums will be assessed against the property as sewer equalization charges pursuant to Shorewood City Code. Developer and the City agree that all such charges are to be added to the balance remaining on the original assessments and spread over the Subject Property. Installments shall be paid annually for the remainder of the term of the original assessments, together with interest on the balance remaining, at the rate of six and one-half percent (6.5%) per annum. A schedule of such charges is set forth in Exhibit B, attached hereto and made a part hereof. I qv 3. All other aplCable provJ.sJ.ons of the StraWb-' Fields Development Agreement executed by the parties on October 19, 1988, are hereby made a part of this Agreement and are fully incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. STRICKLAND VENTURES II CITY OF SHOREWOOD Edward E. Strickland, Partner By: Jan Haugen Its: Mavor Douglas A. Strickland, Partner ATTEST: Nanci-Strickland Balogh, Partner Sandra L. Kennelly City Clerk ; STATE OF MINNESOTA . . .. ss COUNTY OF HENNEPIN On this _ day of , 1989, before me, a Notary Public wi thin and for said County, personally appeared Jan Haugen and Sandra L. Kennelly, to me personally known, who, being each by me duly swom, did say that they are respectively the Mayor and City Clerk of the municipal corporation named in the foregoing instrument, and that said instrument was signed and sealed in behalf of said corporation by authority of its City Council, and said Jan Haugen and Sandra L. Kennelly acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF MINNESOTA ss COUNTY OF HENNEPIN On this _ day of , 1989, before me, a Notary Public within and for said County personally appeared to me personally ]mown, who, being each by me duly swom that they did say that they are Edward E. Strickland, Douglas A. Strickland, and Nanci Strickland-Balogh, the partners of Strickland Ventures II named in the foregoing instrument, and that they acknowledged said instrument to be the free act and deed of said partnership. Notary Public l f'.~ . . MAYOR Jan Haugen COUNCIL Kristi Stover Robert GlIgne Barb Brancel Vern Watten " CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 · (612) 474-3236 MEMORANDUM TO: PLANNING COMMISSION FROM: BRAD NIELSEN DATE: 31 MARCH 1989 RE: RENTAL HOUSING CODE - FIRST DRAFT FILE NO.: 405 (Chapter 1004) Having discussed the concept of a rental housing code among the Council. Planning Commission and staff. the attached proposed first draft is referred to you for review at the 4 April Planning Commission meeting. Due to time constraints in preparing the proposed Code amendment the draft has not been proof read as of this writing. Also. there is one section (1004.06 Inspections) which will be provided at the meeting on Tuesday. Despite the roughness of this first draft. it is felt that it is adequate for initial discussion purposes. The Uniform Housing Code. adopted by reference in Section 1004.05 Subd. 1 is also attached (green copies). It is also worth noting that the draft has not been reviewed by the City Attorney. the Building Inspector or the Fire Marshall. Their comments and yours will be incorporated into a second dra~t for referral to the City Council. BJN:ph cc: Mayor and City Council Glenn Froberg Jim Norton Joe Pazandak Joe Wallin FIRST DRAFT 3/31/89 A Residential Community on Lake Minnetonka's South Shore SA 1004.01 . . 1004.02 , CHAPTER 1004 RENTAL HOUSING CODE 1004.01: PURPOSE AND INTENT: Subd. 1. The purpose of this Chapter is to protect the public health. safety and the general welfare of the rental population of the City. These general objectives include. among others. the following: a. To maintain a quality character and stability of rental dwelling units within the City. b. To correct and prevent rental housing conditions that adversely affect or are likely to adversely affect the life. safety. general welfare and health.\including the physical. mental and social well-being) of persons occupying rental dwellings within Shorewood. c. To provide minimum standards for cooking. heating and sanitary equipment necessary to the health and safety of occupants of rental buildings. d. To provide ~n~mum standards of light and ventilation necessary to health and safety. e. To provide minimum standards for the maintenance of existing rental buildings. and to thus prevent slums and blight. f. To preserve the value of land and buildings throughout the City. Subd. 2. With respect to rental disputes and except as otherwise specifically provided by the terms of this Chapter. it is not the intention of the City Council to intrude upon the fair and accepted contractual relationship between tenant and landlord. The City Council does not intend to intervene as an advocate of either party. nor to act as an arbiter. nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of this Chapter. In the absence of such relevancy with regard to rental disputes. it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. Neither in enacting this Chapter is it the intention of the City Council to interfere or permit interference with legal rights to personal privacy. 1004.02: APPLICABILITY OF ORDINANCE: Every rental dwelling unit and its premises used in whole or in part as a home or residence. or as an accessory structure thereof. for a single family or person. shall conform to the requirements of this Chapter. irrespective of when such building may have been constructed. altered. or repaired. This Chapter establishes minimum standards for erected rental dwelling units. accessory structures and related premises. FIRST DRAFT 3/31/89 1004.03 1004.03 . . 1004.03 DEFINITIONS: Subd. 1. ACCESSORY STRUCTURE: A subordinate building or use. whether attached or detached. that is located upon the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. APPROVED: The term "approved" when used in reference to the design and capabilities of physical systems of a dwelling shall mean having passed the inspection of the Compliance Official. The basis for passage of said inspection shall be an analysis of the effective State Codes and an analysis of the degree to which said systems meet the standards established by said codes. It shall be the objective of the Compliance Official. unless otherwise specified. to establish minimum qualifications for approval of such system. which qualifications can maintain substantial compliance with the effective State Codes and can be achieved in a reasonably economical and practical manner. Subd. 2. BUILDING: ~~y structure used or intended for supporting or sheltering any use or occupancy. Subd. 3. COMPLIANCE OFFICIAL: The Building Official and his designated agents authorized to administer and enforce this Chapter. Subd. 4. DWELLING: A building or portion thereof. designated exclusively for residential occupancy. including one-family. two-family and multiple-family dwellings. but not including hotels. motels and boarding houses. ) DWELLING - MULTIPLE-FAMILY (APARTMENTS): A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other. but sharing hallways and main entrances and exits. (See Apartment.) DWELLING -.SINGLE-FAMILY: A dwelling designed exclusively for occupancy by one family. a. Attached: A dwelling which is joined to another at one or more sides by a party wall. b. Detached: A dwelling unit not attached to another dwelling or structure. DWELLING - TWO-FAMILY: A dwelling designed exclusively for occupancy by two (2) families living independently of each other. a. Double Bungalow: A two-family dwelling with two (2) units side by side. b. Duplex: A two-family dwelling with one unit above the other. DWELLING UNIT: A residential building or portion thereof intended for occupancy by a family. but not including hotels. motels. nursing homes. boarding or rooming houses. or recreational vehicles. - 2 - FIRST DRAFT 3/31/89 1004.03 1004.03 . . Subd. 6. FAMILY: (See Household.) FLUSH WATER CLOSET: A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer supply. Subd. 7. GARBAGE; Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Subd. 8. HABITABLE BUILDING: Any building or part thereof that meets m~n~mum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM: A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER: Water heated to a temperature of not less than one hundred twenty degrees (120 degrees) Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. HOUSEHOLD: The following are included in the term "household" as said term is used in this Chapter: a. An indi vid ual; or b. A group of not more than three (3) individuals, none of whom are related by blood, marriage. adoption or foster care, but all of whom are maintaining a common residence and using common cooking and kitchen facilities; or c. Up to two (2) adult individuals, whether related or unrelated, residing in the same dwelling unit and maintaining a common residence and common cooking and kitchen facilities, and the dependent child (ren) of each, if any; or d. The combination of Paragraphs (a.) and (c.) above. Subd. 9. No definitions. Subd. lO. No definitions. Subd. 11. KITCHEN: A space which contains a sink with counter working space, adequate space for installing cooking and refrigeration equipment and adequate space for the storage of cooking utensils. Subd. 12. LEASE: An agreement to rent. (For use as a verb, see Rent.) Subd. 13. No definitions. - 3 - FIRST DRAFT 3/31/89 1004.03 Subd. 14. No definitions.e 1004.03 . Subd. 15. OCCUPANT: Any person (including owner or operator) sleeping, cooking and eating in a dwelling unit. OPERATOR: The owner or his agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling, or dwelling units within the City as title holder, employee or agent of the title holder or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual title holder shall be bound to comply with the provisions of this Chapter to the same extent as the title holder. Subd. 16. PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in a dwelling unit. PERSON: An individual, firm, partnership, association, corporation or joint venture or organization of any kind. PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. PREMISES: A platted lot or part thereof of unplatted parcel of land occupied by any dwelling or nondwe1ling structure, including any such building, accessory structUre or other structure thereon. PUBLIC HALL: A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Subd. l7. REFUSE: All putrescible and nonputrescible waste solids including garbage and rubbish. RENT: To obtain occupancy or use of another's property, or to grant temporary occupancy or use of one's own property, in return for periodic paymen ts . RENTAL DWELLING: A building or portion thereof let for rent or lease, designed or used predominantly for residential occupancy of a continued nature, including single-family dwelling, attached or detached, and multiple-family dwelling; but not including hotels and motels. RENTAL DWELLING UNIT: A single residential accommodation let for rent or lease which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as a part of the building in which the dwelling is located. - 4 - FIRST DRAFT 3/31/89 1004.03 1004.04 REPAIR: To restorJllt a sound and acceptable state.operation. serviceability or appearance. RODENT HARBORAGE: Any place where rodents can live. nest or seek shelter. RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible wastes. such as paper. cardboard. tin cans. grass and shrubbery clippings. wood. glass. brick. plaster. bedding. crockery and similar materials. Subd. 18. SAFETY: The condition of being reasonably free from danger and hazards which may cause accidents or disease. SUBSTANDARD DWELLING: Any dwelling which does not conform to the minimum standards established by City ordinances. SUPPLIED: Paid for. furnished by. provided by or under the control of the owner. operator or agent of a dwelling. Subd. 19. MEANING OF CERTAIN WORDS: Whenever the words "dwelling". "dwelling unit". "premises". or "structure" are used in this Chapter. they shall be construed as though they were followed by the words "or any part thereof". 1004.04 LICENSING OF RENTAL UNITS: Subd. 1. Issuance and Renewal: No person shall operate a rental dwelling unit without first having obtained a license to do so from the City of Shorewood as hereinafter provided. Each such license shall be issued annually and shall expire on the 31st day of December following the issuance thereof. License renewals for the following years shall be filed on or before November 1st prior to the license expiration date. Subd. 2. Conformance to Laws: No license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of Shorewood and the laws of the State of Minnesota. Subd. 3. License Fees: License fees for renewals of licenses shall be due on November 1st immediately prior to the license expiration date. In cases of new unlicensed dwellings. license fees shall be due upon application for a license. a. The licensee shall not be entitled to revocation or suspension of the license. entitled to a refund of any license fee. transfer of legal control or ownership. a refund of any license fee upon However. the licensee shall be prorated monthly. upon proof of b. The City Council shall in Chapter __ establish license fees and penalties for failure to pay fees pursuant to the terms of this Chapter. Subd. 4. License Not Transferable: No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the Compliance Official within seventy-two (72) hours after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. FIRST DRAFT 3/31/89 - 5 - 1004.04 1004.04 . . Subd. 5. Owner or Agent to Apply: a. License application or renewal shall be made by the owner of the rental units or his legally constituted agent. Application forms may be acquired from and subsequently filed with the Compliance Official. b. The applicant shall supply: (1) Name. address and telephone number of dwelling owner. owning partners if a partnership. corporate officers if a corporation; (2) Name. address and telephone number of designated resident agent. if any; (3) Name. address and telephone number of management representative; (4) Name. address and telephone number of vendee. if the dwelling is being sold through a contract for deed; (5) Legal address of the dwelling; (6) Type of dwelling; (7) Type and number of dwelling units within the dwelling; (8) Description of procedure through which tenant inquiries and complaints are to be processed. c. Zoning Compliance. Upon application for a license the applicant must demonstrate to the satisfaction of the Compliance Official that the rental dwelling complies with one of the following: (1) The property is currently zoned for the intended use pursuant to Chapter 1201 of this Code; or (2) The structure was granted a special use permit for a two-family dwelling between 21 January 1965 and 24 September 1973; or (3) The structure has been continually used as a two-family dwelling prior to 21 January 1965. Subd. 6. Resident Agent Required: No license shall be issued or renewed for a nonresident owner of rental dwelling units (one who does not .reside within the counties of Hennepin. Ramsey. Anoka.Carver. Dakota. Scott. Washington. Sherburne. or Wright) unless such owner designates in writing to the Compliance Official the name of his or her resident agent (a person who does reside within the aforesaid referred counties) who is responsible for maintenance and upkeep and who is legally constituted and empowered to receive service of notice of violation of the provisions of the City Ordinances. to receive orders and to institute remedial action to effect such orders and to accept all service of process pursuant to law. The Compliance Official shall be notified in writing of any change of resident agent. - 6 - FIRST DRAFT 3/31/89 1004.04 1004.05 Subd. 7. Posting of Lice4lt: Every licensee of a mUltiPl4lltental dwelling shall cause to be conspicuously posted in the main entryway or other conspicuous location therein the current license for the respective multiple rental dwelling. Subd. 8. Inspection Access: No license shall be issued or renewed unless the owner of a rental unit agrees in his application to permit inspections as provided in Section 1004.06 of this Chapter. If any owner. occupant or other person in charge of a rental dwelling or rental dwelling unit refuses to permit free access and entry to the structure or premises under his control for inspection pursuant to this Chapter. the license issued pursuant to this Ordinance shall be subject to immediate revocation for such refusal and the Compliance Official may seek a court order authorizing inspection. Subd. 9. Occupancy Register Required: a. Every owner of a licensed rental dwelling unit in Shorewood shall keep. or cause to be kept. a current register of occupancy for each dwelling unit which provides the following information: (1) Dwelling unit address; (2) Number of bedrooms in dwelling unit; (3) Names of adult occupants and number of adults and children (under 18 years of age) currently occupying each dwelling unit; (4) Dates renters occupied and vacated each dwelling unit; b. Such register shall be made available for viewing or copying by the Compliance Official at all reasonable times. 1004.05 MINIMUM STANDARDS: Subd. 1. Adoption of the Uniform Housing Code by Reference. Chapters 5. 6. 7. 8. 9. and 10 of the "Uniform Housing Code. 1988 Edition". prepared by the International Conference of Building Officials. are hereby adopted and incorporated herein and shall be con trolling within the City of Shorewood. At least one copy of said Code shall be on file in the office of the Compliance Official for use and examination by the public. Subd. 2. General Provisions: s. Maintenance of Shared or Public Areas: Every owner of a rental dwelling shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. b. Maintenance of Occupied Areas: Every occupant of a rental dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling unit and premises thereof that he occupies and controls. - 7 - FIRST DRAFT 3/31/89 1004.05 1004.05 c. Responsibility ~Owner and Occupant for Storage~d Disposal of Garbage and Rubbish: Every owner of a rental dwelling shall supply facilities for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single-family attached or detached rental dwelling units. it shall be the responsibility of the occupant to furnish such facilities. Every occupant of a rental dwelling unit shall store and dispose of all his rubbish. garbage and organic waste in a clean. sanitary and safe manner as prescribed by Chapter 507 of this Code. d. Responsibility for Storm and Screen Doors and Windows: The owner of a rental dwelling unit shall be responsible for providing and hanging all screens and storm doors and storm windows whenever the same are required under the following provisions. except where there is written agreement otherwise between the owner and occupant. (1) Every window. other than a fixed window or storm windOW'. shall be capable of being easily opened. (2) Every window. door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain. wind. vermin. and rodents from entering the building. (3) Every openable window or other devise required by this Section shall be supplied with sixteen (16) mesh screens during the insect season. e. Responsibility for Pest Extermination: (1) Every occupant of a rental dwelling containing a single rental dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. (2) Every occupant of a rental dwelling unit in a dwelling containing more than one (1) rental dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. (a) Notwithstanding. however. whenever infestation is caused by the failure of the owner to maintain a rental dwelling in a reasonable rodent-proof or reasonable vermin-proof condition. extermination shall be the responsibility of the owner. (b) Whenever infestation shall exist in two (2) or more of the rental dwelling units in any dwelling. or in the shared or public parts of any rental dwelling contining two (2) or more rental dwelling units. extermination thereof shall be the responsibility of the owner. f. Rodent Harborages Prohibited in Occupied Areas: No occupant of a rental dwelling unit shall accumulate boxes. lumber. scrap metal. or any other similar materials in such a manner that may provide a rodent harborage in or about any rental dwelling or rental dwelling unit. Stored materials shall be stacked neatly in piles. - 8 - FIRST DRAFT 3/31/89 1004.05 1004.05 . . g. Rodent Harborages Prohibited in Public Areas: No owner of a rental dwelling shall accumulate or permit the accumulation of boxes. lumber. scrap metal. or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a rental dwelling or its premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked neatly in piles. h. Prevention of Food for Rodents: No owner or occupant of a rental dwelling unit shall store. place. or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. i. Rodent Proof: Every rental dwelling and accessory structure and the premises upon which located shall be maintained in a rodent-free and rodent-proof condition. All openings in the exterior walls. foundations. basements. ground or first floors. and roofs which have a one half (1/2) inch diameter or larger opening shall be rodent-proofed in an approved manner. Interior floors or basements. cellars. and other areas in contact with the soil shall be paved with concrete or other rodent-impervious material. j. Sanitary Maintenance of Fixtures and Facilities: Every occupant of a rental dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. k. Removal of Snow and Ice: The owner of a mul tiple-family rental dwelling or dwellings shall be responsible for the removal of snow and ice from parking lots. driveways. steps and walkways on the premises. (1) Individual snowfalls of three (3) inches or more. or successive snowfalls accumulating to a depth of three (3) inches. shall be removed from parking lots and driveways within twenty-four (24) hours after cessation of the snowfall. (2) Individual snowfalls of one (1) inch or more. or successive snowfalls accumulating to a depth of one (1) inch. shall be removed from steps and walkways within eight (8) hours after cessation of the snowfall. l. Maintenance of Driving and Parking Areas: The owner of a multiple-family rental dwelling or dwellings shall be responsible for providing and maintaining in good condition surfaced and delineated parking areas and driveways for tenants consistent with Chapter 1201.03 Subd. 5 of this Code. m. Maintenance of Yards: The owner of a multiple-family rental dwelling or dwellings shall be responsible for providing and maintaining the yard or yards. n. Facilities to Function: Every supplied facility. piece of equipment or utility required under City ordinances and every chimney flue shall be installed and maintained and shall function effectively in a safe. sound and working condition. - 9 - FIRST DRAFT 3131/89 1004.05 1004.05 . . o. Discontinuance of Service of Facilities: No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this Ordinance to be removed from or shut off from or discontinued for any occupied rental dwelling or rental dwelling unit let or occupied by him, except for such temporary interruptions as may be necessary when actual repairs or alterations are in process or during temporary emergencies. p. Yard Cover: Every yard of a premises on which a dwelling stands shall be provided with lawn or combined ground cover of vegetation, garden, hedges, shrubbery, and related decorative materials and such yard shall be maintained consistent with prevailing community standards. q. One Family Per Dwelling Unit: Not more than one (1) family, except for temporary guests, shall occupy a rental dwelling unit. r. Accessory Structure Maintenance: Accessory structures supplied by the owner, agent or tenant occupant on the premises of a rental dwelling shall be structurally sound and be maintained in good repair and appearance. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. Subd. 3. Built-In Deficiencies Exempt: The following are built-in deficiencies and shall be exempt from compliance with the Code; provided, that such built-in deficiencies were in compliance with a building code at the time of construction or do not pose a hazard. a. Ceiling Height: Any existing habitable room with less than a 7.5 foot ceiling height shall be considered a built-in deficiency which is beyond reasonable correction. b. Superficial Floor Areas: Any existing habitable room of less than 90 square feet shall be considered a built-in deficiency and beyond reasonable correction. c. Natural Light and Ventilation: Any existing habitable room with window area less than 10 percent of the floor area shall be considered a built-in deficiency beyond reasonable correction but in no case shall the required natural light and ventilation be less than 5 per~ent of the floor area. Subd. 4. Correction of Immediate Hazards: No occupancy shall be permitted of any dwelling unit if vacant and an immediate hazard exists. If the dwelling unit is occupied and an immediate hazard exists, immediate corrective action shall be taken by the occupant, owner, agent of the owner or other responsible persons. The dwelling unit may be ordered vacated if no immediate corrective action is taken and the occupant, owner, agent of the owner or other responsible person fail to comply with any order to correct any immediate hazard. Immediate hazards to health and safety for human occupancy shall include but not be limited to the following: - 10 - FIRST DRAFT 3/31/89 . 1004.05 1004.06 . . a. Heating systems that are unsafe due to: burned out. or rusted heat exchangers (fire box); burned out or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief val ves. b. Water heaters that are unsafe due to: burned out or rusted heat exchangers (fire box); burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves. c. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems. d. Plumbing systems that are unsanitary due to: leaking waste systems, fixtures and traps; lack of a water closet; lack of washing and bathing facilities; cross connection of pure water supply with fixtures or sewage lines; or the lack of water. e. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems that will not safely carry imposed loads. f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering residential buildings and structures unsanitary for human occupancy, including lack of light and air. g. Infestation of rats, insects and other vermin. (insert Section 1004.06 Inspections here) - 11 - FIRST DRAFT 3/31/89 . . 1004.06 INSPECTIONS Subd. 1. Purpose: The purpose of this Section is to establish a program of inspections meant to improve and maintain the overall rental housing in the City. Housing inspections do not indicate compliance with any inspectional program other than that of the City of Shorewood. Inspections are made as a public service and do not constitute any representation, guarantee, or warranty to any person as to the conditions of the building inspected. The City does not assume any responsibility or liability in connection with the inspection and issuance of the license required by Section 1004.04 of this Chapter. Subd. 2. Initial Compliance Inspection: Prior to issuance of a license to operate a rental dwelling unit, the Compliance Official, together with the local Fire Marshall, shall inspec t the premises for compliance with this Chapter. A record of such inspection, listing any built-in deficiencies which are exempt from compliance, per Section 1004.04 Subd. 3 of this Chapter, shall be kept on file at the Shorewood City Hall. Subd. 3. Triannual Compliance Inspection: All rental dwelling units shall be reinspected for compliance with this Chapter, a minimum of once every three years. Subd. 4. Complaint Inspections: Inspections shall be made at any time upon receipt of a legitimate complaint - that being a complaint in which the complainant is willing to leave his name, address and telephone number. A complaint could show cause for a complete inspection of the rental dwelling unit. Inspections will not be made based upon anonymous complaints. - 11a - , 1004.07 . . 1004.07 1004.07 ADMINISTRATION AND ENFORCEMENT Subd. 1. Unfit for Human Habitation: a. Any rental dwelling or rental dwelling unit. which is damaged. decayed. dilapidated. unsanitary. unsafe. vermin or rodent infested. or which lacks provision for basic illumination. ventilation or sanitary facilities to the extent that the defects create a hazard to the health. safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any rental dwelling or rental dwelling unit has been declared unfit for human habitation. the Compliance Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation and any operating license previously issued for such dwelling shall be revoked. b. It shall be unlawful for such rental dwelling or rental dwelling unit to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Compliance Official. It shall be unlawful for any person to deface or remove the declaration placard from any such rental dwelling or rental dwelling uni t. Subd. 2. Secure Unfit and Vacated Dwellings: The owner of any rental dwelling or rental dwelling unit which has been declared unfit for human habitation. or which is otherwise vacant for a period of sixty (60) days or more. shall make same safe and secure so that it is not hazardous to the health. safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors. or windows. if unguarded. shall be deemed to be a hazard to the health. safety and welfare of the public and a public nuisance. Subd. 3. Hazardous Building Declaration: In the event that a rental dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time. the dwelling may be declared a hazardous building and be abated by repair. rehabilitation. demolition or removal in accordance with the procedure specified in Section 463.15 et seq. Minnesota Statutes. related to Hazardous and Substandard Buildings. Subd. 4. Compliance Order: a. Whenever the Compliance Official determines that any rental dwelling. or rental dwelling unit or the premises surrounding any of these. fails to meet the provisions of this Chapter. he may issue a Compliance Order setting forth the violations of the ordinance and ordering the owner. occupant. operator. or agent to correct such violations. b. This Compliance Order shall: (1) Be in writing; (2) Describe the location and nature of the violations of this Chapter. - 12 - FIRST DRAFT 3/31/89 1004.07 . . 1004.07 (3) Establish a reasonable time for the correction of such violation and notify of appeal recourse; (4) Be served upon the owner or his agent or the occupant. as the case may require. and such notice shall be deemed to be properly served upon such owner or agent. or upon any such occupant. if a copy thereof is (a) served upon him personally. or (b) sent by certified mail to his last known address. or (c) upon failure to effect notice through paragraphs (1) and (2) set out in this Section. posted in a conspicuous place in or about the dwelling which is affected by the notice. Subd. 5. Right of Appeal: When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter. such person may appeal the compliance order to the City Council sitting as a Board of Appeals. Such appeals must be in writing. must specify the grounds for the appeal. must be accompanied by a filing fee. as set forth in Chapter _ of the Code. in cash or cashier's check. and must be filed with the Department of Protective Inspections within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from. unless such a stay would cause imminent peril to life. health or property. Subd. 6. Board of Appeals Decision: Upon at least five (5) business days notice to the appellant of the time and place for hearing the appeal. and within thirty (30) days after said appeal is filed. the Board of Appeals shall hold a hearing thereon. The Board of Appeals may reverse. modify or affirm. in whole or in part. the compliance order and may order return of all or part of the filing fee if the appeal is upheld. Subd. 7. Restrictions on Transfer of Ownership: It shall be unlawful for the owner of any rental dwelling. or rental dwelling unit. upon whom a pending compliance order has been served to sell. transfer. mortgage. lease of otherwise dispose thereof to another person until the provisions of the tag or compliance order have been complied with. unless such owner shall furnish to the grantee. lessee. or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgement. Anyone securing an interest in the rental dwelling. or rental dwelling unit. who has received notice of the existence of a violation tag or compliance order shall be bound by same without further service of notice upon him and shall be liable to all penalties and procedures provided by this Chapter. Subd. 9. License Suspension or Revocation: Every license issued under the provisions of this Chapter is subject to suspension or revocation by the City Council should the licensed owner or his duly authorized agent fail to operate or maintain a licensed rental dwelling or unit therein - 13 - FIRST DRAFT 3/31/89 . 1004.07 . . 1004.07 consistent with the provisions of the ordinances of the City of Shorewood and the laws of the State of Minnesota. In the event that a license is suspended or revoked by the City Council for just cause. it shall be unlawful for the owner or his duly authorized agent to thereafter permit any new occupancy of a vacant or thereafter vacated rental unit until such time as a valid license may be restored by the City Council. Subd. 10. Alternative Sanctions: Notwithstanding the availability of the herein referred compliance procedures and the penalties. whenever the Compliance Official determines that any rental dwelling. or rental dwelling unit. or the premises surrounding any of these fails to meet the requirements set forth in this Chapter. the Compliance Official may issue a violation tag summoning the responsible person into court or request the issuance of a criminal complaint and arrest warrant. Subd. 11. Conflicts: Any conflict between any provision of this Chapter and any term of a contractual relationship between a landlord and a tenant shall be resolved in favor of this Chapter. which shall govern. Subd. 12. Penalties: a. Any person who fails to comply with a compliance order after right of appeal has expired or a modified compliance order within the time set therein or violates any of the provisions of this Chapter by doing any act or omitting to do any act which constitutes a breach of any section of this Chapter shall. upon conviction thereof by lawful authority. be punished with the penalties set forth in Chapter 104. for misdemeanors. Each day that a violation continues shall be deemed a separate punishable offense. b. No provision of this Chapter designating the duties of any official or employee of the City shall be so construed as to make such official or employee liable for the penalty provided in this Subdivision because of failure to perform such duty. unless the intention of the City Council to impose such penalty on such official or employee is specifically and clearly expressed in the section creating duty. Subd. 13. Separability: Every section. provision or part of this Chapter is declared separable from every other section. provision. or part to the extent that if any section. provision or part of the ordinance shall be held invalid. it shall not invalidate any other section. provision or part thereof. - 14 - FIRST DRAFT 3/31/89 ! i z o i= is 1&1 i .. ! o CJ Cl i ::> o :z: :.IE cr: 2 51! ::> en Q a:: c( Q Z ~ en >- 100 ..z J!~ Q.a;; ca:;:) .1::0 00 o Q Z c( W o ~ en ~ i .5.8 ~~ ...- .:; == erU e~ .~ ~ .. ioE ._ u ~; .... 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G> -.~ 5.- C"..::::... c.", C":'! - ... ~~cu -~~_.-...cu~ e.a~ 1 2 ~.g g >. ~. ~ 1 ~ ~ Q '8 l5 g >. c. ~ "0 - - ... 0'- g I: ~ c.2.: ~... ..'- g e.. 5:l .-......~ '0 2 >. =u ".. -- ';Co :: --;: ~ =- ... =' E.g..~... 'V.i c o..c..= -..-.,. StU.:s- !! .-c Co..-. 0.0 "-' ()u C co e ~:.a S Q.Q == = ~cc B ~.5.8 'i oS 8 12 g 'i 6.J: .E '0 ~ S g .:: 0 .. >> - .,. N . . . O~U- ..,=~ . APR - 6 \989 2021 East Hennepin Avenue Minneapolis. MN 55413 612-331-8660 FAX 331-3806 Engineers Surveyors Planners April 6, 1989 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Ms. Sandra Kennelly Clerk/Acting City Administrator RE: Glen Road/County Road 19 Drainage Project Dear Ms. Kennelly: At the City Council meeting on April 3, we were requested to prepare a time and cost estimate for a field survey to update the City's existing topographic map of the proj ect area. The fi e 1 d survey for th is update is to i nc 1 ude 1 ocat i on of permanent structures with elevations, location and elevation of driveways and parking lots within potential ponding areas, locations and elevations of visible drainage structures, and sufficient elevations to contour the areas where water presently stands. The existing topographic map from the 1966 photos will be .used as a base map to be updated by the the fi el d survey. Monumentat ion ident ifyi ng property lines will be searched for, found monuments will be tied to the field survey and used to draft the property lines on the map. Upon completion of the drafting of the map, it will be submitted to Hickok & Associates, Engineers for the Watershed District for re-evaluation and definition of the ponding areas. This updated map will be completed within 30 days of notice to proceed. It is estimated to require 214 man hours at a cost of $9,000. It is important that the field work is completed before the leaves come on the trees to meet this time and cost estimate. If the survey is delayed until the leaves come out, additional time will be required to do the survey. Upon comp 1 et i on of the revi ew by the engi neers, the easements woul d have to be redrafted to fit the revised ponding and piping areas. The easement areas could then be marked on the ground for viewing by the owners and appraiser if so ordered by the City. The cost of these services is not included in the above estimate and is dependent upon the ponding and piping requirements established by the engineer. I would estimate an additional cost of $2,500 for these services. Equal opportunity Employer 90 . - 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 TO: Mayor and City Council FROM: Alan ROle~ SUBJECT: Cost of Additional Animal Patrolling DATE: AprilS, 1989 The City Council, at their meeting of March 27, directed me to calculate the cost of animal patrolling at 10, 15, 20, and 40 hours per week. The costs at these levels on a weekly and annual basis is as follows: 10 Hours/Week @ $19.70/Hour = $197.00/Week or $10,244.00/Year 15 Hours/Week @ $19.70/Hour $295.50/Week or $15,366.00/Year 20 Hours/Week @ $19.70/Hour = $394.00/Week or $20,488.00/Year 40 Hours/Week @ $19.70/Hour = $788.00/Week or $40,976.00/Year We currently are patrolling 5 hours per week! Our annual Animal Control Bud- get for 1989 is $6,000.00. I spoke with Midwest Animal Services regarding additional patrols. They in- dicated that additional patrols of 3 to 5 hours per week could be justified. By increasing patrols they also could arrange their schedule to include even- ing and/or weekend patrols. They also indicated that certain problem periods of the year(April-June and September-October) could warrant additional patrols. There would be no price break on the hourly rate- for additional patrols; how- ever,if patrols are increased, the 1989 rate of $19.70 per hour would be guaran- teed for the 1990 contract. Should the City Council decide to increase patrols, a number of options are available. Patrols could be increased permanently on a weekly basis, during the problem periods alone, or a combination of these two options. Any of the options would likely increase the effectiveness of animal patrols in the city. Increasing animal patrols would also have an impact on the budget. For example, if patrols for the remainder of the year were permanently increased by5 hours per week and increased an additionaL 5 hours during the problem periods: the City's 1989 Animal Control Budget wocild be e-xceeded by approximately $4,500.00. As there are no immediate areas in the budget at this time where a savings ' would be realized, this amount would either have to be reallocated from an A Residential Community on Lake Minnetonka's South Shore 9J> I welt beftnepln hUftlaft ielvleel . .' a MAR 27 1989 west hennepin human services plann~ board 4100 vernon avenue south, st. louis park, minnesota 55416 920-5533 March 23, 1989 Sandy Kennelly, City Clerk Shorewood City Hall 5755 Country Club Road Shorewood, Minnesota 55331 Dear Sandy: Recently WHHS has been informed by staff of the Energy Division, Department of Public Services that future Community Energy Council applications from cities subcontracting with WHHS would not receive favorable consideration in the grant review process. This negative response to our interest in extending this program to additional cities in the Hennepin area is not based on our current record in meeting program goals. In fact, we are on target or exceeding goals identified in our contracts. Rather, this response is based on their assumption that subcontracting with WHHS precludes a long term commitment by the municapality and energy issues is inferred that this commitment is only possible where city staff is continuously exposed to community energy council staff by being officed in the same location or when community energy councils meet regularly. We feel that the policy interpretation by Energy Division staff is short sighted and uncalled for. It unfairly deprives residents in several suburban Hennepin communities of the opportunity to participate in these programs where these programs have yet to be offered. It also denies to these communities the right to decide the delivery method for the program they deem most effective and efficient. We would appreciate it if you would expr~ss ..~pur concern on this matter to the Department of Public Service. For your convenience I have included a model letter. If you should have any questions please give me a call. Thank you for your support on this matter. We look forward to working with you on the successful completion of. the Community Energy Council Program as well as other issues of concern. Sincerely, ~ ~~ /CZ:;: Larson Assistant Director 9 E--J . . Marsha Battles-Jenks Assistant Director, Energy Division Department of Public Service 980 American Center Building 150 E. Kellogg Boulevard st. Paul, MN 55101 Dear The City of has participated in the Community Energy Council (CEC) Program for the last several years. During this time we have worked with Minnegasco, Northern states Power and West Hennepin Human Services Planning Board to provide residential conservation programs to our residents. The programs are the Home Energy Check-up Program, an enhanced audit program, and Project AIR, an air infiltration reduction program. Both programs are very popular in our community and we have been very pleased with the way the program design has worked. The City of would like to thank DPS for making available the CEC to our city enabling us to provide these programs. Recently we have been informed that staff of the Energy Di vision feel that this design does not promote the long term objectives of the Community Energy Council Program. We differ with this interpretation. A review of the regulations, indicatathat grant funds are to support community energy council activities. The criteria for reviewing these grants are that a community energy council be established, a work plan developed, experience in conducting energy-related community programs and a clear, concise application. We feel the program as operated by the organizations mentioned above has fulfilled this criteria. In fact, the program is on target or has exceeded its goals as identified in our contracts. Energy division staff also stated that they would give less than favorable consideration to future grant applications which involved West Hennepin Human Services. This agency, the agency we have subcontracted with to operate our CEC Program, has been established under a joint powers agreement by a number of cities in suburban Hennepin County. These cities appoint representatives to that board. As such this agency becomes an extension of municipal government and, through its board, represents the cities in various activities delegated to or contracted with by the cities. . . Through resolutions passed by participating cities, each community has delegated the responsibilities detailed in the Community Energy Council grant applications. Because it has been delegated to an organization serving the community does not mean the service to the community is somehow less or the commitment of the community is less. WHHS has been involved in energy issues for over 10 years. It initiated the Suburban Hennepin Energy Issues Task Force composed of representatives of city and community groups to promote coordination and planning of energy conservation issues. It was primarily responsible for expanding the availability of CIP funded programs form one community in suburban Hennepin County to 13 communi ties. It has been instrumental in passing state legislation to establish the Joint Legislative Task Force on Low Income Energy Issues to promote a coordinated statewide energy policy. It has also operated an energy assistance program for 10 years. This type of commitment to energy issues and conservation activities will not stop with the termination of the Community Energy.Council funds. While WHHS does continue to provide staff support to local community energy councils and to the WHHS Board composed of city and community group representatives also serves as a residential based board providing input to the cities. The policy interpretations expressed by your staff are very shortsighted. It imposes upon municipal governments the structure they must utilize in providing services under the community energy council grants and takes away their decision making authority about how to best deliver the program to meet local needs. It does not allow for flexibility by local municipalities to use community based organizations and resources that may be available to them. In the case of new communities it may also adversely impact the opportunity for residents of those communities to participate in the services these grants help support. We would therefore urge you to continue to review grant proposals for the Community Energy Council Program in accordance with the criteria as described in the program regulations without prejudice as to whether it is delivered by the city or through a subcontract to another group such as West Hennepin Human Services Planning Board. Thank you for your consideration. Sincerely yours, City Manager cc: Bruce E. Larson, WHHS Mark Shoenbaum, Energy Division Department of Public Services . . . e I CD z C5 i > ~ 'l:I C':) tD '"d .... 0 '& tD := ::J <' .. c:: ~ a .... ~ '< tD := 0 (j z !- := oq c:: c:: t;r:j 9 CD "'f t;r:j E C" := > '< 0 - S. r+ a: rn (j ~ S' 'g r+ t"I tD 0 g == Q. "'f t;r:j t i g: .... ~ t;r:j ~ e s' ::r n tD ~ ~ t '< ..... t;r:j t .. ~ M- 0 ::r .... ~ 0 CD := I:j := < S' ee .... i ~ CI2 ::r C) ~ ~ .... s. g' ~ < ::r t;r:j <:> .... 'S fA g" t;r:j "" fA I GD 0 0 .:z ~ 0 .... .... "'f ~ - .... ~ ~ a:: ~ GD .... ~ ::I: .... I>> .... CD ... 3 I := .... >< :::s n := := Co !. I>> :::s Ii if 0 tD ~ .... CD t'!'2 "" ~ .... GD ~ .... "C n 0 2. . 5" .. ::r ...... ..... <:> [ + .1>> .... r~ :::s ~ f 7 i rn ~ ::r ~ \ .. tD .... I>> .... if Ce 2. ::r .... GD n 2. '" c:: e S' 1:1 .... <:> f tD m l;' l .... fA c:: i ~ ('l) .. "'f f I>> := u.> .... :z i ~ := .... '< ::r if oq ...., 0 .... tD 8' o' fA I-l> '< ::r e -< . CI2 := 0 tD ! r "C:l ~ c:: tD 0 > r: ::I: ..;J s: .... J It "'f .... Co I:j CD o' ~ ~ 1:1 CD 8 tn !.. :::s .... oq '< :::s "'f tn 2. CD '< ::r 0 d .... .... So ~ t'!'2 0 0 tD .... . ..... c:: s:: ::r tn :::s .... tI' ::r ~ Er tD tn 1 tD b:l <:> Co '< i !i "'f 0 Vl ::a 2. fD tD c:: a ~ '::S" .. .0 Z tD "'f 0 " c:: 0 ""S Z ""S .... 0 ~ So [ .... .... ..... ~ CD .... ..... :e: lr .... u;~ 0 ~ CI2 (') ~~ 0 CD .... tD 0 (j .... 0 ~ . ..... ;; Q. 0 Co oq otD c:: e .... "C:l a== < 1:1 tD tD a i I. ~ tD := ;S. .... 0 -, .... ~ 1:1 .. Co .... !. ~ ~ (') \I: .... tD ~ '" 1:1 So C" i7 1:1 '< I: ,0 fi :t ~ i 5" .n 0 :1 it :E CD :~ 0: :p ? gS-2 .. . . PAYROLL REGISTER PAYROLL MARCH 29, 1989 CHECK NO. TO WHOM ISSUED HOURS AMOUNT 202912 VOID $ 202913 (G) Sandra Kennelly 80 Reg. Hours 866.3.2 202914 (G) Susan Niccum 80 Reg. Hours 476.32 202915 (G) Anne Latter 80 Reg. Hours 424.63 202916 (G) Alan Ro1ek 80 Reg. Hours 813.58 202917 (G) Wendy Davis 80 Reg. Hours 526.92 202918 (G) Bradley Nielsen 80 Reg. Hours 1,059.38 202919 (G) Patricia Helgesen 80 Reg. Hours 640.16 202920 (G) Joseph Pazandak 80 Reg. Hours 742.07 202921 (G) Charles Davis 80 Reg. Hours 1 OT 408.55 202922 (G) Dennis Johnson 82 Reg. Hours 2 OT 678.51 202923 (G) Daniel Randall 82 Reg. Hours 1 OT 683.81 202924 (G) Howard Stark 80 Reg. Hours 549.35 202925 (G) Ralph Weh1e 80 Reg. Hours 1 OT 525.70 202926 (G) Donald Zdrazil 80 Reg. Hours 852.25 202927 (G) Joseph Lugowski 80 Reg. Hours 2.50T 664.74 202928 (L) Russell Marron 46.5 Reg. Hours 224.17 202929 (L) Christopher Schmid 80 Reg. Hours 391.48 202930 (L) John Thompson 8 Reg. Hours 36.40 202931 (L) Michael Koebensky 25.5 Reg. Hours \ 123.86 202932 (L) Brian Jakel 28 Reg. Hours 133.56 202933 (L) Mark Karsten 32 Reg. Hours 142.87 202934 (L) William Josephson 80 Reg. Hours 621. 21 202935 (L) Susan Latterner 30 Reg. Hours 134 .48 202936 (L) Dean Young 80 Reg. Hours 522.68 202937 (L) Scott Bennyhoff 26 Reg. Hours 119.15 202938 (L) Scott Bartlett 26 Reg. Hours 125.80 202939 (L) Lawrence Nelson 35 Reg. Hours 172.46 202940 (L) Daniel Haasken 3 Reg. Hours 14.78 202941 (L) William Rhodes 43 Reg. Hours 191. 72 TOTAL GENERAL 9,912.29 TOTAL LIQUOR 2,954.62 TOTAL PAYROLL 12,866.91 -3- " .- . CHECK NO. . CHECK APPROVAL LISTING . TO WHOM ISSUED PURPOSE AMOUNT CHECKS ISSUED SINCE MARCH 24, 1989 2006 2007 2008 2009 2010 2011 2012 ~ 3013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) (G) (G) (G) (G) (G) (G) (L) (L) (L) (L) (L) (L) (L) (L) (L) (G) (G) (G) (G) US West Communications Northern States Power Waste Management-Savage Ken Jarcho Insurance Agency James Maiser, CPA Weekly News, Inc. Ryan Properties Griggs, Cooper and Company Bellboy Corporation Johnson Brothers Ed Phillips and Sons Quality Wine and Spirits Company Pogreba Distributing Inc. Bradley Neilsen Joe Pazandak City County Credit Union Child Support Enforcement ICMA Retirement Corporation Public Employees Retirement Assc. The Bank Excelsior Commissioner of Revenue Driskill's Super Value Warning Lites of Minn., Inc. Minnegasco Minnesota Suburban Publications Harry Niemela D.R. Copier Service, Inc. Ed Phillips and Sons Quality Wine and Spirits Co. Bellboy Corporation Johnson Brothers Vllio1esa1e Co. Griggs, Cooper and Company Patti Helgesen Medcenters Health Plan Physician Health Plan Commercial Life Insurance Company -1- Utilities and Advertising $ Utilities Waste Removal Liquor Liability Audit Year-End Observations Advertising April Rent Liquor, Wine and Misc. Pur. Liquor Purchases Wine Purchases Wine Purchases Wine Purchases Beer and Misc. Purchases Mileage Mileage Payroll Deductions Payroll Deductions Payroll Deductions Payroll Deductions Fed., FICA, and Medicare State Taxes Council Dinner Traffic Control Seminar - J. Lugowski and C. Davis Utilities Advertising April Rent Quarterly Contract Billing Wine Purchases Liquor and Wine Purchases Liquor Purchases Liquor and Wine Purchases Liquor and Wine Purchases Van Rental for Admin. Escort Employee Health Insurance Employee Health Insurance Employee Life Insurance TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED 184.62 259.23 34.00 359.00 500.00 111.00 1,922.58 4,463.47 2,718.60 2,528.37 198.48 68.46 1,910.00 77 .44 61.24 37.00 145.00 320.00 1,288.69 3,978.25 638.41 41. 74 60.00 129.00 186.60 970.00 30.00 138.20 1,955.93 2,100.67 2,920.31 2,700.18 30.00 389.10 2,969.00 32.40 10,068.27 26,388.70 36,456.97 CHECK NO. . CHECK APPROVAL LISTING . TO WHOM ISSUED PURPOSE AMOUNT CHECKS FOR COUNCIL APPROVAL 2042 (G) 2043 (G) 2043 (G) 2044 (G) 2045 (G) 2046 (G) 2057 (G) 2058 (G) 2049 (G) 2050 (G) 2051 (G) 2052 (G) 2053 (G) 2054 (G) 2055 (G) 2056 (G) 2057 (G) 2058 (G) 2059 (G) 2060 (G) 2061 (G) 2062 (G) 2063 (G) 2064 (G) 2065 (G) 2066 (G) 2067 (G) 2068 (G) 2069 (G) 2070 (G) 2071 (G) 2072 (G) 2073 (G) 2074 (G) 2075 (G) 2076 (G) $ 158.80 306.51 162.56 6.46 156.80 145.89 43.24 46.29 5,055.00 ACRO-Minnesota, Inc. American Linen Ameridata AT &T-...............:;;.co~ ~C:o~stow~ C.R. Carpenter Lumber Curtis Industries Chaska Parts Service Froberg and Penberthy Office Supplies City Hall and PW Laundry Computer Ribbon ~~1i"s~ipl~~~ Public Works Supplies Public Works Supplies Public Works Supplies March Attorneys Fees Prosecutions 1,155.00 Litigations 1,440.00 General 1,870.00 Deve1opementa1 80.00 On-going 260.00 " Jetainer 250.00 ~T~ping City Council Meetings 100.00 Fire Contract 16,738.75 Public Works Repairs 51.50 Tar Kettle Pulley 11.70 Prisoner Expense 910.75 Comp-Worth Study 560.00 Public Works Fuel 443.17 Animal Control 451.35 Limestone 513.35 Utilities 107.53 Annual Fire Extin. Inspeciton 169.50 Advertising 14.50 City Share of Program 2,090.00 Fire Contract 1,377.25 Services for April 4,917.00 Utilities 1,157.95 Service Payment 9,875.00 Office Supplies 297.00 Misc. Engineering Fees 672.88 April Rent and Pop 59.50 Postage Meter Charge 59.25 Plaque and Pen/Pencil Set 114.41 City Hall Cleaning 315.00 Dept. April Budget & Reserve Din. 29,415.99 Public Works Supplies 19.27 Utilities 168.61 Co.PW/Parks Repairs-Freeman Park 11.08 Harold Dircks City of Excelsior Electronic Door Lift Griffco, Inc. Hennepin County HR Management H.C. Mayer and Sons, Inc. Midwest Animal Services, Inc. Midwest Asphalt Minnegasco Minnesota Conway Fire and Safety Minnesota Suburban Publications Minnetonka Community Services City of Mound Munitech Northern States Power Norwest Bank, Minneapolis Office Products of Minnesota Orr, Schelen, Mayeron and Assoc. Pepsi-Cola Bottling Co. Pitney-Bowes Pommer Company Judy Quaas So. Lake Mtka Public Safety Tonka Auto and Body Supply U.S. West Communications Viking Fence and Constructions TOTAL CHECKS FOR APPROVAL 76,703.84 TOTAL CHECK APPROVAL LIST l13,160.~1 -2- CITY OF SHOREWOOD MAYOR Jan Haugen COUNCI L Kristi Stover Robert Gagne Barb Brancal Vern Watten 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 TO: MAYOR JAN HAUGEN FROM: ALAN ROLEK DATE: APRIL 10. 1989 SUBJECT: FUND BALANCE AND BUDGET AMENDMENTS Per your request. I am writing this memo concerning the state of the City's General Fund Balance. You may recall my reference to the General Fund Balance in my memo of April 5. In recent weeks the City Council has had many requests for funding for such things as additional animal control measures. goose round-ups. additional contributions to the LMCD. executive search for a new City Administrator. drainage in the Glen Road/County Road 19 area,etc.;"': While all of these matters merit the Council's attention and, consideration. the collective price tag on these items is quite large -- approximately $ 33.000. Each of these projects would require an additional allocation of funds..Lhe likely source of funding at this time would be the General Fund Balance. As I mentioned in my previous memo. our General Fund Balance now meets the level of funding recommended by our auditors. I feel it prudent at this time to remind the Council of this funding level. The Council will be addressing the above mentioned issues in the near future and I would urge you to bear in mind our fiscal situation when considering them. I don't want to push the panic button; however. it is important to remember the City's fiscal health while discussing the important public issues listed above. If you or any of the Councilmembers should have any questions concerning the City's fiscal condition or if I can be of any assistance in any other regard. please give me a call. cc: City Councilmembers A Residential Community on Lake Minnetonka's South Shore Ctv