Loading...
112480 CC Reg Min r, CITY OF SHORE WOOD REGULAR COUNCIL MEETING NOVEMBER 24, 1980 PAGE 1 of g; COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER: The last regular meeting of the Shorewood City Council was called by the Mayor at 7:30 P.M. on November 24, 1980 in the Council Chambers. PLEDGE OF ALLEGIANCE: The meeting opened with the Pledge of Allegiance and a Prayer. ROLL CALL: Council members present: Mayor Steve Frazier, Tad Shaw, Jan Haugen, Robert Naegele, Jr., and William Keeler. Attorney Frank Kelly, Engineer Jim Norton, Planner Brad Nielsen, and Secretary Pro tempore Dart Fahrenbruch APPROVAL OF MINUTES: . On the November 10, 1980 minutes, on Page 2, under Amesbury ~est- Preliminary Plat, it should be amended to read "Motion was then made by Haugen, seconded by Shaw, (to approve the plan with all those concerns agreed upon to be addressed to the development contract - and...32 units.") Shaw moved, Haugen seconded, that the November 10, 1980 minutes be approved as amended. Motion carried unanimously. On the Special Council Meeting minutes for November 13, 1980, referring to the canvass results of the recount of the election of November 4, Haugen moved, Shaw seconded, that these minutes be approved. Motion carried unanimously. On the Special Council Meeting minutes for November 17, 1980, Haugen moved, Keeler seconded, for approval. Motion carried unanimously. On the November 17, 1980 Joint Council-Park Meeting minutes, Frazier motioned, Keeler seconded approval. Motion carried unanimously. (However, Haugen asked everyone on the Council to please re-read tomake sure that everything is okay, as these minutes will be going back to the Park Commission for final approval.) . CITY OF SHORE WOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 2 of 8 . PUBLIC HEARING: ROGER HEDTKE, BUILDING PERMIT FOR GARAGE, 5530 Howards Point Road Mayor Frazier opened the public hearing at 7:35 P.M. by reading the Public Notice that appeared in the Lake Minnetonka ~ on November 12, 1980. Mr. Hedtke assured the Council that his garage was not for commerical purposes, but for the storage use for various items, such as boats, lawn mowers, and vehicles. Also, eventually, he would like it to be a "mother-in.....law" apartment; and that there really is no other place on his property where he could build a two-story garage without jutting into his pool area. It is to be a combination garage, work shop, tool shed, and a dressing area for the swimming pool. OBJECTIONS FROM THE AUDIENCE: John Einhorn, 5580 Howards Point Road. The two-story garage will all but completely cut off any view of the Lake that we presently have. We're not too thrilled about a two-story garage going up. Also, the garage will be closer to our house than to Hedtke's. . Byron E. Thomson, Jr., 27665 Island View Road. Against it because we have not seen the plan and understand it is to be a 28 x 34' structure. According to the notice I received, there is a garage already, and I am opposed to a second one. I have nothing to say about it blocking my view however. I have enjoyed that area for 19 years. Against a two-story garage. Uncertain as to the danger because I haven't seen the plat. There is a lot of traffic at that corner. Mrs. Lillian Polley, 27635 Island View Road. Was concerned because she had not seen the plan of the structure. Did not state whether she was for or against the garage. Leslie C. Scholle, 27400 Pine Bend. Letter in files dated November 18, 1980. Scholle objects to the garage because it constitutes a traffic hazard. It would restrict the view of drivers at the intersection of Howard's Point Road and Island View Road. . Mrs. Olive Einhorn, 5580 Howards Point Road. She called Mayor Frazier expressing her objections to the garage. She wanted the character of the neighborhood retained and felt the structure was not in keeping with the character of the neighbor- hood and not in character with the house and would encourage others to put up larger structures than their homes~ Roger Hedtke made the assurance that the structure would match his home and not be shoddily built. PUBLIC HEARING CLOSED AT 8:00 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 3 of 8 . DISCUSSION BY THE COUNCIL followed. It was determined that instead of one variance, there were actually three variances to consider; namely: (1) square footage of the garage; (2) it is a two-story garage; and (3) setback requirements from the road. Attorney Kelly suggested the Council: (1) should have a survey presented by Hedtke which would show the exact location of the proposed building in respect to the lot lines; (2) should have some plans presented because of the discus~ion regarding type of construction; and (3) should have a statement from Mr. Hedtke as to what he proposes the use of the property to be. Haugen: I'm inclined not to deal with this problem until the Planning Commission comes up with something for the Council and gives their thinking on proper garage sizes. The Planning Commission has suggested that the size of the lot and the nearness to the adjacent neighbors plus the amount of lotI. already covered be taken into consideration. A roll call vote indicated that none of the Council was in favor of Mr. Hedtke's request as presented, and it was suggested that Mr. Hedtke if he was still interested in pursuing the matter come back with something more concrete. Council felt there was not enough information from which to make a final decision. . FINAL PLAT APPROVAL- "MINNELOWA" - JAMES BRUCE:RESOLUTION NO. 69-80 Attorney Frank Kelly and Engineer Jim Norton recommended final approval by the Council. However, Norton said the only problem he foresaw was a possible water service easement problem. Naegele motioned, Haugen seconded, that the final plat be approved for "Minne1owa" and that the Mayor and the City Clerk be authorized to sign, subject to the Engineer's and Attorney's recommendations. Motion carried unanimously. HENRY GUENTHER, 5960 Christmas Lake Road, PROPERTY DIVISION: Guenther stated that he wanted to cut an acre out of 3.9 acres for a future home site. After much discussion on the amount of wetlands, and road access to the property, Haugen motioned, Shaw seconded, that Guenther's request be tabled until Monday, December 1, 1980 so that wetlands could be shown and the Engineer could review the proposal to insure there is adequate area to meet ordinance requirements. Motion carried unanimously. . CITY OF SHOREWOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 4 of ~ . PETITION REGARDING WATER IMPROVEMENTS - McLAIN ROAD and MINNETONKA DRIVE: Haugen mentioned there is already a petition list in the City's office requesting the City to provide water service to properties along McLain Road and Minnetonka Drive from the municipal well adjacent to Badger Field (known as Badger Well). Gordon Lindstrom mentioned that Koranski's had indicated their willingness to provide an easement if one is needed. Haugen moved, Keeler seconded, that the City Engineer document the possibility of an easement across Mr. Lindstrom's or Koranski's land, and to give us cost estimates on a water line as requested in the petition and submit at the next Council meeting on December 1st. Motion carried unanimously. Haugen: I want to make one thing clear in my motion. Regarding the feasibility of the loop on Gillette and McLain, if the two people involved on Gillette won't accept the same remuneration as was paid for the other easements, then we should consider an alternate route. . MAYOR COUNCIL REPORT: APPOINTMENT OF MEMBER TO PARK COMMISSION - GARY CARL DUE TO IRENE CHANIN'S RESIGNATION IN SEPTEMBER 1980 Mr. Gary Carl was discussed for the ~ppointment to the Park Commission. Tad Shaw mentioned that he had just gotten back into town and had a couple of other people in mind from his area to also be considered as a member of the Park Commission to re- place Irene Chanin. Haugen felt there should be the opportunity to meet and consider them also. Mayor Frazier stated that Mr. Carl was qualified and felt that enough time had taken place for someone from Shaw's location to make application and therefore he would take the Park Commission's recommendation. Frazier motioned, Keeler seconded, that Gary Carl be appointed as the new Park Commission member to replace Irene Chanin's vacancy. The motion passed with Mayor Frazier, Keeler, and Naegele aye; Haugen abstaining; and Shaw voted nay. . . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 2. of 8 MAYOR COUNCIL REPORT: .APPROVAL.OF.APPOINTMENT OF.PUBLIC WORKS FOREMAN-DONALD ZDRAZIL Mayor Frazier introduced Don Zdrazil to the Council and recom- mended approval for his appointment as Public Works Foreman. He has been a Shorewood resident for 22 years. After discussion and Mr. Zdrazil's willingness to start training immediately, it was agreed that Zdrazil would start part-time effective November 25, 1980 and work with Mr. Jerome Studer. Haugen moved, Keeler seconded, that Don Zdrazil be appointed as the new Public Works Foreman effective November 25, 1980. Motion carried unanimously. MAYOR COUNCIL REPORT: DECEMBER COUNCIL MEETINGS The Council generally agreed that in order to complete all work started before the expiration of their term of office that meetings would be scheduled each Monday night. BOULDER BRIDGE FARM DEVELOPMENT: Acknowledge receipt of a petition from Tom Wartman of Boulder Bridge Farm, Inc. requesting the City to proceed with the proposed improvement by construction ofa deep well, pump house, and appurtenances, sanitary sewer, and water laterals, storm sewer, and street improvements; waiving the requirements of the public hearing and requesting that the costs be assessed against the property. The preliminary plat for Boulder Bridge has been approved by the Council. Pursuant to present policy established by the City a proposed development contract has been executed by the developer and the City, but not delivered pending delivery of development performance bonds to the City. The contract calls for the City to construct and finance the deep well to serve the lots in the development. The cost of this deep well would be paid 100 per cent by the development with a provision that gives the developer an opportunity to recover excess costs should there be hookups to the well within the next seven years. The City previously deter- mined it was in their interest to have control of the central water source so that that source of water could be made available to other residents of the City. The present request being made by the developer goes beyond the present policy of the City and requests the City to not only construct the deep well, but also to construct and to finance through special assessment the sewer laterals, water laterals, storm sewer, blacktop, curb and gutter. . e ., November 21, 1980 City Council City of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 PLAT OF "BOULDER BRIDGE FARM" PETITION FOR PUBLIC IMPROVEMENT, CONSENT TO IMPROVEMENT AND WAIVER OF PUBLIC HEARING THEREON Dear Council Persons: The undersigned, being the owner of all of the property embraced within the plat of "Boulder Bridge Farm", does hereby petition the Council to proceed with the proposed improvement of said property by construction thereon of a deep well, pump house and appurtenances, sanitary sewer and water laterals, storm sewer, and street improvements. We understand that the property may be assessed for all or a part of the cost of the improvement. We waive the requirements of Minnesota Statutes, Section 429.031, which would otherwise necessitate a public hearing and notice thereof prior to the Council's ordering the improvement. ~(\5)~ ~~(~)/0 \'..../) \ ~ "-/ ~ Q \8,\ \'l -<'\O~ D \...... 0) \ <(-..SS~r{/5Y-- BOULDER BRIDGE FARM, INC. BY~~J Its President CITY OF SHOREWOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 6 of 8 . Such a policy involves the issuance of special assessment bonds which although they would be paid through a special assessment spread against the benefited prpperty, that is, lots in Boulder Bridge Farm, the bonds would carry with it the full faith and credit of the City. It is this change in policy that the City must determine if it is appropriate for them to accept at this time. The attorney stated that the matter before the Council is not entirely a matter of bonding for special improvement but is a policy question upon which the Council must render a judgment. If the Council determines to consider the request of the Boulder Bridge developer, it must also consider (1) how long would the special assessment spread be levied, and (2) would it be to the best interest of the City to issue temporary bonds for three years with the prospect of extending the same or permanent bonds of a short period duration. . The attorney stated that the Council must decide on what policy it is going to follow. Presently, the CitYiiis proceeding with the financing and construction of the deep well. The Council now has before it a request from the developer of Boulder Bridge to construct and finance through special assessment all of the utilities serving the development. This is a change of policy. The Boulder Bridge attorney again reiterated the request from the City to not only install and finance the construction of the deep well, pump house and appurtenances serving this area, but also to install storm sewer, lateral water lines, sanitary sewer, roads, curb and gutter and assess back the cost, including overhead expense, against the property in the subdivision, and in order to accomplish this to authorize the issuance of special assess- ment bonds which would be backed by the full faith and credit of the city to cover the cost. Such construction would cover the development in Phase 1 and 2. Phase 3 would be developed at a later time. General discussion followed. Again, I (Attorney Kelly) wish to state for the record that this is an implementation of an entirely different policy from that which the Council has in the past, However, the Council has authority to proceed with this policy and with this project in the manner proposed in the Council resolution. Haugen requested that the attorney provide the Council with in- formation at the next meeting on an alternative in regard to water policy cost for those homeowners who wish to hook up to a municipal line, Such policy alternative should include method of financing and allocating cost so that the Council would have a chance to review the same. . CITY OF SHOREWOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 7 of 8 - . The engineer explained that the well as planned would be 1,000 gallons per minute and meets all requirements for a good fire protection rating, and, as far as construction of all improve- ments are concerned, the City does have better control of con- tracts and the necessary inspections for compliance with specifications. RESOLUTION NO. 70-80: Moved by Keeler, seconded by Haugen, to adopt a resolution re- ceiving the amended feasibility report for construction of a deep well, pump house, and appurtenances, ordering improvement and preparation of plans. Motion carried unanimously. !ll) RESOLUTION NO. 71-8'C: Moved by Frazier, seconded by Keeler, to adopt a resolution approving the plans and specifications on the deep well, pump house, and appurtenances, and ordering advertisement for bids. Motion carried unanimously. . RESOLUTION NO. 72-80: Moved by Keeler, seconded by Haugen, to adopt a resolution approving plans and specifications (as previously approved), for construction of sanitary sewer, water laterals, storm sewer and street improvements, authorizing advertisment for bids, and providing for financing of the foregoing improvements. Motion carried unanimously. MATTERS FROM THE FLOOR: SNOWMOBILE TRAILS Jim Heiland petitioned for renewal of the 1980 Agreement for use of the snowmobile trails in Cathcart Park and Freeman Park in 1981. Naegele moved, Keeler seconded, that approval be granted. Motion carried unanimously. Jim Heiland also requested approval by Shorewood's City council for a 1981 agreement for the BMX track. Keeler moved, Shaw seconded, for conceptual approval only until all groups contacted that will be using Park facilities and charges are set. Motion carried unanimously. . PARK FACILITY USE COSTS Upon further discussion, it was mentioned that there was an editorial error on Page 1, of the October 20, 1980 Park Commission Meeting minutes - in that the figure should read $600.00 and not $500.00: "Fee to be paid to the City to be 50~ per participant, total payment not to exceed ma)timum of $600.00 for the season." Keeler moved, Haugen seconded, that the BMX Association can pay the lump sum once a year to avoid the cost of paperwork, or as arranged. Motion carries, with Shaw abstaining. CITY OF SHOREWOOD REGULAR COUNCIL MEETING - MINUTES NOVEMBER 24, 1980 PAGE 8 of 8 . Haugen said that as she understands the motion, the fee is up to $600.00 per year and they can either pay in a lump sum or arrange to pay it to the Administrator after each race. The $.50 figure was for 1980 and the Council will wait to make a decision as to cost per participant until negotiations take place with other Park facility users. ATTORNEY'S REPORT: Nothing reported. ~NGIN~ER'S REPORT: Nothing reported. APPROVAL OF CLAIMS AND ADJOURNMENT: Moved by Haugen, seconded by Naegele, to approve the claims for payment as recommended by the Clerk, to be followed by adjournment: From the General Fund (Checks Nos. 23171 - 23213 ): $ 24,496.28 From the Liquor Fund (Checks Nos. 7138 - 7195 ): $ 42,761.07 TOTAL...........$ 67,257.35 . Motion carried unanimously, and meeting adjourned at 11:10 P.M. Respectfully submitted, .Q~lt- ~f{Uff~e~ Dart Fahrenbruch Secretary Protempore .