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121780 CC SP Min . e . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING WEDNESDAY, DECEMBER 17, 1980 PAGE 1 OF 4 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 5:00 P.M. MINUTES CALL TO ORDER: A special meeting of the Shorewood City Council was called to order by the Mayor at 5:09 P.M. on December 17, 1980 in the Council Chambers. ROLLCALL: Council present: Mayor Frazier, Shaw, Haugen, Naegele, and Keeler (arrived at 5:30). Staff Present: Engineer Norton, Attorney Kelly, and Clerk Wiltsey APPROVAL OF MINUTES: Moved by Shaw, seconded by Haugen, to approve the minutes of December 1, 1980 as suhnitted. Motion carried unanimously. REZONE .,.. PART OF LOT. 6.,.. AUDITOR'S SUBDIVISION 130 - P.I.D. #33-117.,..23.,..12....0022: Application for rezoning part of Lot 6, Auditor's Subdivision 133 was received from William Pye, owner; the application requests that said property be rezoned from R-4 to Residential-Conrnercial zone as provided for by Ordinance No. 99. Acknowledged receipt of a letter from Rex Welsh and Joelle Welsh, the purchaser (who also appeared before the Council) describing the proposed use of the pro- perty along with supporting drawings; he also stated he is aware of the histori- cal significance of the property by the state and Historical society. Mr. Maynard, attorney for William Pye and. the attorney for Rex Welsh were present. Mr. Maynard requested that the ordinance not take effect until February 1, 1980, and that if the deal is not finalized with Mr. Welsh for this purpose by that date that the property remain as R-4. RESOLUTION NO. 11-- go The attorney advised that a resolution could be adopted with the rezoning to be in effect on a date no later than January 30, 1981. After a lengthy discussion Haugen moved, Naegele seconded, to adopt a resolution to authorize the rezoning no later than January 15, 1981. Council then reviewed the conditions that were recomnended by the Planning Comnission and those as further recomnended by the Council as follows: 1. No new construction 2. No corrmercial (no retail and no manufacturing) 3. Reduction in blacktop 4. Designate parking 5. Show egress and ingress 6. Meeting building code as to wiring, heat, etc. 7. Conditional uses upon purchase by Rex Welsh or Spectron~ 8. Hours 8 to 5 9. No obstruction of historical signs 10. All storage and display kept inside Moved by Shaw, seconded by Naegele, to approve the Conditional Use Pennit to address those conditions heretofore mentioned. Motion carried tn:1r:mimously. CITY OF SHOREtmD SPECIAL COUNCIL MEETING WEDNESDAY, DECEMBER 17, 1980 - MINUTES PAGE I OF 4 . DIVISION/CC>>1BINATION - LOT 6, AND SUB 133, LOT 1, BLOCK 1, AMLEE ACRES Moved by Haugen, seconded by Shaw, to table the request for division of a small triangular piece of property from Lot 6, and. to be added to Lot 1, Block 1, Amlee Acres, until December 22, 1980 for further review. Motion carried unanimous 1 y . ALBITZ ADDITION: Mr. Paul Albitz and Attorney James Van Valkenburg appeared before the Council and presented the background of his request for the approval of the division of his property, Lot 1, Block 1, Enchanted Gardens, into 3 lots. The PI arming Corrmission had recomnended that the request for division into 3 lots be denied. Council acknowledged receipt of letters from Horgan, signed by 12 residents, and a letter from Ferguson, opposing the division. RESOLUTION NO. '1 b'- 3D After much further discussion with the property owner and the city attorney, it was moved by Keeler, seconded by Naegele, to adopt a resolution approving the preliminary plat "Albitz Addition" with the variances as to lot sizes as shown together with a development agreement, to include the items as discussed, to be presented to the Council on final plat approvaL On roll call vote, the motion carried by a 4 to 1 vote: Keeler, Naegele, Frazier, and Shaw voted aye, Haugen voted nay. . BOULDER. BRIDGE. AGREEMENT: RESOLUTION NO. ~Cl~8() , . The terms of the Boulder Bridge Developnent Agreement were reviewed by the attorney and explained to the CounciL Moved by Keeler, seconded by Haugen, to adopt a resolution approving the final development agreement for the "Boulder Bridge Farm." Motion carried unanimously. (Naegele then left the meeting at 6:45 P.M.) DEEPHAVEN-AMESBURY WATER. AGREEMENT: The proposed agreement with Deephaven to serve the Deephaven-Ameswry develop- ment with water from the Shorewood Ames wry well was presented and was read in its entirety by the Mayor. Discussed some possible revision, Iioved by Shaw, seconded by Keeler, to table the approval until the Monday meeting, to enable the attorney to make the necessary corrections. Motion carried unanimously. POLICY ON WATER COSTS FOR CONNECTIONS: RESOLUTION NO. go-go A policy on costs to be charged those property owners requesting cormection to available rmmicipal water was reviewed - which policy covers current applicants and future applicants. Motioned by Frazier, seconded by Keeler, to adopt a resolution approving the policy subject to addition of "plus~ interest accrued from date of oond." (describe the place of addition). Motion carried unanimously. . . e . CITY OF SHOREWOOD SPECIAL COUNCIL MEETING WEDNESDAY, DECEMBER 17, 1980 - MINUTES PAGE 3 OF ~ ENGINEER'S. REPORT: BIDS ON PROJECT wrP-l ..... BADGER PUMPHOUSE, ETC.:.' ,7 The bids as received on Project WfP-l and opened on ~cember 12, 1980 were armounced by the engineer. Moved by Frazier, seconded by Keeler, to accept the low bid from A & K Construction with a deductible of $17,000.00 for the work to be perfonned by the City crews for a net contract of $103,458.00 subject to a temporary transfer of $30,000.00 from the Park Capital Improvement Funds with instructions to proceed with the future financing. On roll call vote, the motion carried unanimously. ACCEPTANCE OF STAR CIRCLE: RESOLUTION NO. 2.~'lJ b Moved by Keeler, seconded by Haugen, to approve the engineer's recommendation to accept Star Circle as a City road for purposes of maintenance effective imnediately. Motion carried unanimously. JAN HORNICH ..... HISTORICAL GIDEON PROPERTY: Jan Hornich of Excelsior, appeared before the Council representing the Excelsior Historical Society and related their concerns that the historical significance of the Pye property be addressed by the City Council. Council had already acted on the rezoning of the property but assured her that the Conditional Use Permit has addressed the concerns. CONTRACT FOR DEED: STORAGE BurWING - D. J. SCHIMMELPFENNIG, Moved by Shaw, seconded by Haugen, to approve the payment on the balance of the Contract for ~ed to D. J. & Glenda Schirrmelpfermig, on property described as that part of Lot 27, Auditor's Su1:xiivision No. 133, Hennepin County, Mirmesota, for a balance of $8,000.00 plus interest to date of payment, to be paid out of public utilities fund. Motion carried unanimously. CITY OF SHOREWOOD SPECIAL COUNCIL MEETING WEDNESDAY, DECEMBER 17 , 1980 - MINUTES PAGE 4 OF 4 . SEWER SERVICE CHARGES SUBSIDY: RESOLUTION NO. 'l '3' g b An application form for qualified senior citizens for a 33-1/3 per cent subsidy on sewer service charges as recOIl1Ilended by the Clerk was reviewed. Moved by Haugen, seconded by Shaw, to adopt a resolution approving the yearly applica- tion with an adjusted gross income of $7,800.00 to qualify to be effective on service charges due after July 1, 1980. Motion carried unanimously. PURCHASE OF WINDOW BLINDS AND SOUND SYSTEM: Moved by Haugen, seconded by Keeler, to approve the purchase of window blinds for the office and further approve the purchase of a sound system if funds are available. Motion carried unanimously. MAITERS FROM '!HE FLOOR: HOWARDS. POINT :IXX;K PERMIT: Dale Evans appeared before the Council and requested a reviewal of the dock permit for Howards Point Marina under the Lakeshore-Recreational District at the next meeting and asked that in the meantime the Council review the resolution previously adopted and consider amendments to the conditions. ADJOURNMENT : M;)ved by Haugen, seconded by Frazier, that the special meeting be adjourned at 8:15 P.M. Motion carried unanimously. 4It Respectfully submitted, Elsa I. Wiltsey Clerk-Administrator EIW:dcf .