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061383 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 13, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN 55331 e M I NUT E S CALL TO ORDER: The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM, Monday, June 13, 1983, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER: The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Haugen, Shaw, Leonardo, and Stover. Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer and Clerk Kennelly. APPROVAL OF MINUTES: e Haugen moved, seconded by Stover, to approve the minutes as corrected for the Council meeting of May 23, 1983. Motion carried unanimously. BOULDER BRIDGE PURD: ORDINANCE NO. 148 Haugen moved, seconded by Stover, to approve the rezoning of Boulder Bridge to PURD as previously done by Resolution. Motion carried unanimously by roll call vote. 5 ayes. PRELIMINARY PLAT - BOULDER BRIDGE 2ND ADDITION RESOLUTION NO. 40-83 Council reviewed a request from Tom Wartman for a preliminary plat revision for Boulder Bridge 2nd Addition with needed variance approval. He requested a 18 lot subdivision with 5 changes: 1.) Request for 100' cul-de-sac's. Haugen moved, seconded by Rascop, to approve the 20' cul-de-sac variance. Motion carried - 5 ayes. 2.) Increase size of catch basin. 3.) Obtain an easement over Outlot C for future drainage of east ponding area. 4.) Request of 22' wide road in the 2nd Addition. Leonardo moved, seconded by Stover, to approve a 2' variance in road width to 22'. Motion carried - 5 ayes. e 5. ) Approve a 7% street grade including a "landing area". REGULAR COUNCIL MEETING -2- JUNE 13, 1983 - Leonardo moved, seconded by Haugen, to approve the preliminary plat by a Resolution drawn by the Attorney and to include the five (5) amendments requested. Motion carried unanimously. 8:00 - PUBLIC HEARING: Lucille Rand-5950 Grant Street RESOLUTION NO. 42-83 Request was make by Lucille Rand to expand a non-conforming structure by adding a 16 x 32 addition to her home. Public portion of the hearing was closed to the public at 8:12 with no comments received. Haugen moved, seconded by Stover, to approve the variance request to include no further expansion allowed on the opposite side, or Grant Street side, as recommended by Planner Nielsen. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:15 - PUBLIC HEARING - SIGN VARIANCE: Driskills Super Valu RESOLUTION NO. 43-83 Mr. Lindberg, representing Driskill's Super Valu, requested a variance to replace an old non-conforming sign with a new sign, continuing the non-conformance. No public comment was received. Public portion of the hearing was closed at 8:22. e Leonardo moved, seconded by Shaw, to approve the request. Motion carried unanimously by Roll Call Vote - 5 ayes. REZONING AND SIMPLE SUBDIVISION: Harold Johnson-6055 Lake Linden Drive Mr. Johnson was present requesting the Council's decision on his request for rezoning from R-2 to R-4 and a simple lot division of his property located at 6055 Lake Linden Drive. Engineer Norton recommended that the City acquire approximately 8,000 square feet of Johnson property along Lake Linden Drive for future improvement of that road to allow a safer and more visual approach at that corner. Opposition to the improvement or removal of this curve and hill were expressed by area residents, Nancy Turner, Paul Swanson, and Ilka Priest. Leonardo moved, seconded by Stover, to deny the R-4 rezoning re- quest. Leonardo then withdrew his motion, seconded by Stover. Leonardo moved, seconded by Stover, to approve the simple lot division into 2 lots of 30,000 square feet. Stover withdrew her second. Motion died for lack of second. e Haugen moved to approve the original application requesting the R-4 zoning, and a~cept the 8,000 square feet for road right of way. Motion failed - 3 ayes, 2 nayes (Stover and Leonardo). REGULAR COUNCIL MEETING -3- JUNE 13, 1983 e Rascop moved~ seconded by Rascop, to approve the simple subdivision and accept the 8,000 square feet for road right-of-way, to be followed by rezoning of Lot 2, when proper information has been submitted to City. Motion carried unanimously. SWIMMING POOL APPROVAL: Cathy Hendrickson-6065 Eureka Road Plans were presented to the Council for approval to install a swimming pool at 6065 Eureka Road. Shaw moved, seconded by Leonardo, to approve the request as submitted. Motion carried unanimously. VARIENCE REQUEST: Mike Jorgensen-5435 Timber Lane RESOLUTION NO. 44-83 Mr. Jorgensen was present to request a variance to construct a deck to an existing non-conforming building. Planner Nielsen recommended approval to include the removal of a shed to reduce the non-conform- ity. Haugen moved, seconded by Rascop, to approve the variance as recom- mended. Motion carried unanimously by Roll Call Vote - 5 ayes. Council Break....9:25 PM..................Reconvene....9:35 PM e REZONING REQUEST: Wayne Pokorny-24275 Yellowstone Trail Mr. Pokorny presented a proposal to rezone his property from R-l to R-2, stating that 31 lots in the surrounding area are smaller than 40,000 square feet. Haugen questioned whether a PUD zoning was considered. Haugen moved to table the zoning request until PUD zoning can be reviewed. Fees will be credited if zoning request is changed with a waiver received on the 100 day time line for action, seconded by Shaw. Motion carried unanimously. SETBACK VARIANCE Mike Halley-Woodhaven 2nd Addition RESOLUTION NO. 45-83 Mr. Halley of Halley Land Corp. request setback variances for five of the lots in Woodhaven 2nd Addition that may be necessary for building. Haugen moved, seconded by Stover, to approve the requested variances to be drawn by the attorney into the Resolution. Motion carried unani- mously by Roll Call Vote. 5 ayes. e REGULAR COUNCIL MEETING -4- JUNE 13, 1983 e PUBLIC HEARING CONTINUATION: Robin Woehnker-4540 Enchanted Point Public hearing Robin Woehnker Public portion comment. was reconvened at 10:00 PM to consider the request of to install a swimming pool 24' from the lakeshore. of the hearing was closed at 10:04 Without public Leonardo moved, seconded by Stover to deny the variance request sup- ported by Ordinance not allowing varinaces greater than a 35' setback. Motion carried, 4 ayes - 1 abstain (Rascop) REZONING REQUEST: Shorewood Condominiums-5620 County Road #19 RESOLUTION NO. 46-83 Scott Harri reviewed changes in location of building and parking lot, and building configuration. Jim Borchart and Dave Littlefield expressed their concerns and oppo- sitions on the building height, drainage problems, density figures, possible costs the City may incur for possible storm sewer and a water system needed. Mr. Borchart would like a larger ponding area supplied and fencing for his swimming pool. 4It Leonardo moved, seconded by Haugen to accept the General Concept stage approval for the PUD. Motion carried unanimously by Roll Call Vote - 5 ayes. AMENDMENT TO C-l ZONE: Wallace Mortenson-19545 & 85 State Highway 7 ORDINANCE NO. 144 An amendment to Ordinance 77, C-l district was presented to eliminate "eating and drinking establishments" from the C,....l zone and to include "self storage facilities". Stover moved, seconded by Haugen, to approve the amendment as stated to be drawn by the attorney. Motion carried - 4 ayes - 1 nay (Leonardo) PLANNING COMMISSION REPORT: Shaw reported on the Commission's review of the Pokorny rezoning proposal. Planner Nielsen reviewed the procedures to amend the Comprehensive Plan when necessary. PARK COMMISSION REPORT: e Carol Chapman reported on the completion of the park equipment portfolio to show people who may be interested in making a contribution to the park fund for equipment purchases. Mrs. Chapman also reveiwed the plans for the committee Park Fund raiser. e e e REGULAR COUNCIL MEETING -5- JUNE 13, 1983 ATTORNEY'S REPORT: Boulder Bridge Equalization A discussion on the Development Contract on the interpretation of equalization figures to be charged against the developer and at what time should they be charged. Further information will be obtained to clarify the charges in question. City Hall Litagation Pre-trial hearing has been set in front of Judge Durda. Kennel License Haugen moved, seconded by Shaw, to approve a Kennel License for Jean and Don Goettleman of 6170 Cardinal Drive. Motion approved unanimously. ADMINISTRATIVE REPORTS: Special Meeting set Ordinance Review Meeting set for Wednesday, June 22nd, 1983 at 6:00 PM. Policy statement review - set for Thursday, June 30, 1983 at 6:00 PM. Water Request A request was received from Paul Stiller, 23675 Smithtown Road and John Shaddrick of 23625 Smithtown Road, for the City to provide City water to their residence. Council ~~~uct staff to obtain cost estimates for this project. MAYOR'S REPORT: A letter was received from Hennepin County assessing department increasing the fees schedule for assessment Services for 1984. Shaw felt that we should investigate an independent assessor before contracting with the County. COUNCIL REPORTS: Dram Shop Coverage: Limits in sales have been increased by the state to $20,000 before requiring Dram Shop coverage. Will this alter the cities Ordinance requiring all License holders to have insurance coverage? Council will uphold current Ordinance requirements. e e e REGULAR COUNCIL MEETING -6- JUNE 13, 1983 APPROVAL OF CLAIMS AND ADJOURNMENT: Haugen moved, seconded by Leonardo, to approve claims for payment followed by adjournment at 11:55 PM. Motion carried unanimously. General Fund [acct # 00166] Checks 27216 - 27303 Liquor Fund [acct # 00174] Checks 1106 1159 Respectfully Submitted, {i?~ f:cL~~ ~ Sandra L. Kennel City Clerk SK: sn