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080883 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD. SHOREWOOD, MN 7:30 PM 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, August 8, 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, Stover and Gagne. Staff: Attorney Larson, Engineer Mittelsteadt, and Clerk Kennelly APPROVAL OF MINUTES: e Gagne moved, seconded by Haugen, to approve the minutes of July 25, 1983, as corrected in the official minute book. Motion carried unanimously. CITIZEN'S FORUM: Mr. and Mrs Roger Lindholm of 22020 Vine Street were present to question why they would have to go through a variance request to add to their existing home. Haugen reviewed the Ordinance in reference to changes to nonconforming structure and confirmed the Building Inspector's reason for requiring the variance procedure. GYPSY MOTH PRESENTATION: Meg Hanish from the Department of Agriculture addressed the Council with a slide presentation and an explanation of what can happen if the Gypsy Moth infects an area. Council thanked her for her time. 8:00 PUBLIC HEARING: Variance Request Sid Verdorn-2~210 Woodside Road RESOLUTION NO. 55-83 Mr. Verdorn was present to request the right to add a deck and garage to an existing nonconforming structure. This addition would not add to the nonconformity. Public portion of the hearing was closed at 8:10 PM. Haugen moved, seconded by Gagne, to approve by Resolution the variance as requested. Motion carried unanimously by roll call. e REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 1983 page two e HAROLD JOHNSON REZONING AND REQUEST FOR SIMPLE SUBDIVISION: 6055 Lake Linden Drive Mr. Johnson was present to request a simple subdivision of his property into 2 lots with a change in the road right-of-way dedication to the City. Stover requested the Council to reconsider their original vote on the rezoning of this property to R-3, seconded by Shaw. Motion carried unanimously. Stover moved, seconded by Haugen to rezone the Johnson property from R-2 to R-3. Motion unanimously denied by roll call vote. RESOLUTION NO. 56-83 Stover motioned to approve the simple subdivision into 2 lots to include the 8,000 square foot road right-of-way dedication per the new configuration subject to the Engineer's approval. Seconded by Gagne. Motion approved by roll call vote. 5 ayes. Stover motioned, seconded by Shaw, to direct the staff to prepare an Amendment to Ordinance #77 rezoning the entire JohnsOn property from R-2 to R-4. Motion carried unanimously by roll call vote. e CONDITIONAL USE PERMIT - TEX-SOTA MINI-STORAGE: Bruce Hubbard-19545 State Highway #7 Mr. Hubbard was present to request a Conditional Use Permit and 2 variances for this self-storage facility to be located at 19545 State Highway #7. The variances are for setbacks to residential districts to allow him to set the buildings back from the front line and preserve some existing trees. Council discussed changes in original building, proposed drainage, fencing and landscaping. Council break 9:05 Reconvened 9:15 RESOLUTION NO. 57-83 Haugen moved, seconded by Stover, to direct the Attorney to draw a Resolution approving the Conditional Use Permit and the 2 variances as requested. Motion carried unanimously by roll call vote. ATTORNEY'S REPORT: e Austin Drainage Attorney Larson informed the Council that the City was not named in the Torrens Title of 1965 on the Dan Austin property at 4860 Rustic Way. Shaw requested the Attorney to check on any possible changes filed since that date. REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 1983 page 3 e ATTORNEY'S REPORT continued Austin Drainage continued If runoff had been flowing through the pipe prior to the Registration of the property then the City most likely could continue to direct the flow the same way. Haugen moved, seconded by Gagne, to table further discussion until the August 22, 1983 meeting for prior discussion with the Engineer and Administrator. Bridge Ordinance ORDINANCE NO. 147 Council reviewed the second reading of the Bridge Ordinance. Haugen moved, seconded by Stover, to approve the second reading and adoption of the Ordinance. Adoption approved by roll call vote - 5 ayes. Ordinance Amendment - Swimming Pool setbacks Council reviewed the second reading of the Ordinance to allow swimming pools and tennis courts a rear setback up to 60% of the zoning required for setback. e Haugen moved to approve the second reading and adopt the Ordinance as written, Gagne seconded for discussion. Haugen motioned to delete "tennis courts" and "or tennis courts", seconded by Gagne, to approve the second reading and adopt this Ordinance. Adoption approved by roll call vote - 5 ayes. PLANNING COMMISSION REPORT: Shaw reported the Commission voted not to have the second meeting in August and to remind the Council that the second meeting is for the purpose of review only. The Commission reviewed the Hubbard and Verdorn requests. PARK COMMISSION REPORT: Marty Jakel asked for volunteers for the Festival of Parks dunk tank. Request from Commission was made to allow a temporary sign to advertise the Festival of Parks. Council approved unanimously. e Request was made for the temporary sale of on-sale beer in the parks by the City for the Festival of Parks-August 13th and 14th only. Council approved unanimously. REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 1983 page four e ATTORNEY'S REPORT: Naegele Sign Issue Attorney Larson reviewed the status of the Naegele Sign Litigation and requested the Council for direction. Haugen moved, seconded by Shaw, to proceed with the legal suit to remove the sign at Christmas Lake Road and State Highway 7. Motion carried unanimously. ENGINEER'S REPORT: Engineer Mittelsteadt reviewed the cost of the installation of the water line requested by Mr. Shaddrick of 23625 Smithtown Road to be paid for by CDBG fund. The cost will exceed the amount allocated by the City in that CDBG fund. Clerk Kennelly was in contact with Mr. Blackstead, he said the Council can reallocate funds from other areas to cover this project if they want to pursue this water service. Council directed staff to find the available funds. ADMINISTRATIVE REPORT: RESOLUTION NO. 58-83 e A Resolution was submitted to adopt the Section 8 Income limits to adjust the gross annual income limits for CDBG funds for Public Facilities Assessment grants. Haugen moved, seconded by Shaw, to approve this Resolution as drawn. Motion carried unanimously by roll call vote. RESOLUTION NO. 59-83 A Resolution was submitted to adopt the Section 8 Income limit to adjust the gross annual income limits for CDBG funds for Utilities connection grants. Stover moved, seconded by Gagne, to approve this Resolution as drawn. Motion carried unanimously by roll call vote. MAYOR'S REPORT: Comprehensive Plan is finally being reviewed by the Metro Council. Grays Bay has been closed for two weeks for clean up of the Creek. COUNCIL REPORTS: Cable meeting at City Hall on August 9, 1983. e Complaint-A letter was received with a complaint along the Chanhassen boundary of a dusty road (Teton) because of commercial use on the Chanhassen side, also requesting the repair of a culvert hit by a vehicle. Staff will follow up and report back to Council. REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 1983 page five ~ APPROVAL OF CLAIMS AND ADJOURNMENT: Haugen moved, seconded by Rascop, to approve claims for payment to be followed by adjournment at 10:54 P M. Motion carried unanimously. General Fund [acct # 00166] Liquor Fund [acct # 00174] Checks 27331-27340 27461-27537 Checks 1252- 1315 $ 96,501.97 $ 36,204.37 Mayor VCJJf2~ Respectfully submitted, Sandra L. Kennelly e e