091283 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, SEPTEMBER 12, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 7.30 PM
M I NUT E S
CALL TO ORDER:
The regular meeting of the Shorewood City Council was called to order
by Mayor Rascop at 7:32 PM, Monday, September 12, 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 Shaw, Stover and Gagne
(Haugen out due to illness)
Staff: Attorney Larson, Engineer Norton, Administrator
Uhrhammer, and Clerk Kennelly
APPROVAL OF MINUTES:
Shaw moved, seconded by Stover, to approve the Minutes of August 22,
1983, as written. Motion carried unanimously.
CHAMPION AUTO STORE PERMIT:
A representative from Ryan Construction Company and the tenant for
Champion Auto Store, were present to submit for review the store
building plans and permit request for two (2) signs.
Gagne moved, seconded by Shaw, to approve the Building permit on the
condition that no auto repairs be done on or in the premises. Motion
carried unanimously.
SIGN PERMIT - CHAMPION AUTO STORE:
RESOLUTION # 64-83
A request from Champion Auto was made to install two (2) signs on the
outside of the building.
Shaw moved, seconded by Gagne, to approve one (1) sign (logo) that
qualifies under the sign ordinance. Motion carried unanimously.
Council informed him that further signage would have to be reviewed
by the Planner.
SUBDIVISION - MINNETONKA MANOR
Lots 17 and le, Block 3
RESOLUTION NO. 65-83
A request from Keith Wilcock was submitted to subdivide Lot 17 from
Lot 18.
Shaw moved, Stover seconded, to approve the simple subdivision in
accordance with the 4 Planning Commission Recommendations.
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MINNETONKA MANOR - SUBDIVISION continued
Sept. 12 - page two
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Motion approved unanimously by roll call vote. 4 ayes.
NORTHWEST ADVANCED MOBIL PHONE SERVICE:
Representative, Tim McGill presented the proposal to construct a Phone
Tower to be located at 24283 Smithtown Road (rear of Moore Auto Sales)
for Northwest.
Council reviewed the recommendation made by the Planning Commission
and reviewed the first reading of the Ordinance Amendment to include
"telephone switching station and accessory communication antenna"
in the C-3 District.
Stover moved, seconded by Gagne, to accept the first reading of this
Ordinance Amendment. Motion carried unanimously.
8:00 PUBLIC HEARING - VARIANCE REQUEST:
Roedel-24115 Boulder Bridge Drive
Public hearing was opened at 8:13 PM to hear a request to add a screen
porch to a nonconforming structure and install a swimming pool with no
variances needed. Bud Wheeler, Mr. Roedel's contractor was present
and changed the request to a deck, to be built 15' from the rear lot
line. The public portion was closed at 8:21 PM with no public comment
received.
Rascop-moved, seconded by Shaw, to approve the swimming pool install-
ation. Motion carried unanimously.
RESOLUTION NO. 66-83
Gagne moved, seconded by Rascop, to deny the variance request to
construct a deck. Motion was denied unanimously.
8:30 PUBLIC HEARING - VARIANCE REQUEST: RESOLUTION NO. 67-83
Howards Point Marina-5400 Howards Point Road
Jerry Brecke presented a variance request to alter a nonconforming use
in an R-l district by requesting permission to remove the existing
underground gas tanks and install larger gas tanks in a different
location. Public portion of the hearing was closed at 8:35 PM with
the receipt of a letter to be placed in file from Virginia Ridinger
of 5330 Howards Point Road.
Council discussed in length the size and type of tanks, the pollution
safety, installation methods and legal ramifications due to the R-l
zoning district.
Stover moved, seconded" by Gagne, to grant the variance request to
allow the installation of the gas tank according to the State Fire
Marshall recommedation to improve safety and protect the environment
against possible pollution.
~ Motion was denied, 2 ayes to 2 nays (Rascop and Shaw)
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WRIGHT, WEST & DIESSNER
LAW OFFICES
600 MIDWEST PLAZA BUILDING
801 NICOLLET MALL
WELLS J. WRIGHT
KARL F. DIESSNER
SHEFFIELD WEST
ALBERT ANDREWS, .JR.
THOMAS R. KING
CHARLES F. DIESSNER
ROBERT H. ZALK
DOBSON WEST
LEO G. STERN
LARRY J. BERG
ANDREW I. COULTER
PATRICIA A. BEITHON
MICHAEL A. TRITTIPO
SUSAN SHIFFLER ENLOW
KARL K. HEINZERLING
RICHMOND H. McCLUER, ..JR.
MINNEAPOLIS, MINNESOTA 55402- 2598
612' 338-3800
TELEX: 4991402 WWDLAW
OF COUNSEL
September 12, 1983
RICHARD A. HASSEL
D. JAMES NIELSEN
Mayor and City Council
City of Shorewood
Excelsior, Minnesota 5533l
Re: Howard's Point Marina
Dear Mayor and Council Members:
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We represent Virginia Ridinger whose home is immediately adjacent
to the Howard's Point Marina.
We are writing this letter on her behalf to formally oppose an
application by the marina to expand its facilities with respect
to the storage and sale of gasoline.
I assume you are aware that the marina is operating as a non-
conforming use. Its predecessor, Kehoe Resort, was initially
a small boat livery which had a few docks and a gas pump for
use by its customers. In approximately 1956 the village of
Shorewood passed a zoning ordinance which designated the Howard's
Point area as residential. The ordinance did not allow boat
marinas in residential zones, but the existing boat livery was
grandfathered in under the non-conforming use provisions of the
ordinance. Subsequently the boat livery was expanded in violation
of the zoning ordinance. Several years later the location was
sold to the Kehoe family who, in the early 1970's dramatically
expanded the use from the small boat livery to a large marina.
In approximately 1974, Mrs. Ridinger and several of her neighbors
challenged the illegal expansion, and in 1976 the Hennepin County
District Court entered an injunction permanently enjoining the
facility from further expansion. That injunction is still in effect.
As a result, if the city allows any kind of expansion on the premises
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Mayor and City Council
September 12, 1983
Page Two
to occur it is in violation of both its own zoning ordinance and
the District Court injunction.
I request that this letter be made a part of the permanent record
relating to the current application of the marina.
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RHZ/jf
cc: Virginia Ridinger
Gary Larson
REGULAR COUNCIL MEETING
September 12,1983
page three
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9:00 PUBLIC HEARING - SIMPLE SUBDIVISION WITH AREA VARIANCE:
Mark McCary-272~0 Smithtown Road
Mr. McCary presented a request for a simple subdivision of his
property into three (3) lots with a area variance of 2,286 square
feet short of the required 40,000 square feet in this R-l district.
Public portion of this hearing was closed at 9:08 PM with no public
comments. RESOLUTION NO. 68-83
Gagne moved, seconded by Stover, to approve this request by Resolution
granting the area variance on Parcel C. Motion carried unanimously.
Council Break................................. .9:10 - 9:15
ADMINISTRATIVE REPORT:
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Fire Lane Dock
Administrator Uhrhammer informed the Council of a letter he received
on August 9th, 1983, from Wallace King in reference to a dock that
had been installed by Gene Ruffenach in the City "fire lane". A
letter was sent to Mr. Ruffenach from the City asking him to remove
the dock. Mr. Ruffenbach explained that a previous Council had
allowed the placement of this dock for the use of the residents
for swimming and fishing but no boat dockage allowed.
Various residents were present to express their concerns and to
recall their understanding of the previous council position allowing
the installation and use of this dock. Residents speaking were:
Gale E Olson Jr., Edward Lerohl, Jim Marshall, Mrs. Hinz, Carl
Olson and Evelyn Olson.
Council questioned if there were current problems with the dock
usage and the insurance liability to the City.
Shaw moved, seconded by Gagne, to instruct the Administrator to
investigate various methods used by other cities for their "fire
lanes: and set a public hearing for a possible zoning amendment.
Motion carried unanimously.
Gagne moved to allow the dock to remain for this season. Rascop
seconded for discussion.
Gagne withdrew his motion, seconded by Rascop.
Stover moved, seconded by Shaw, to table this this issue until
October 24, 1983, for further study of this issue.
SWIMMING POOL REAR YARD SETBACK
ORDINANCE NO. 149
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Council reviewed the 3rd draft of the swimming pool allowable rear
yard encroachment.
Gagne moved, Rascop seconded, to accept the 3rd reading and adopt
the Ordinance as written. Ordinance accepted by roll call vote.
4 aye s .
REGULAR COUNCIL MEETING
SEPTEMBER 12, 1983
page four
~ ATTORNEY'S REPORT:
Enchanted Point Vacation
A request from Jeffrey Soule of 4595 Enchanted Point was submitted.
Attorney Larson does not recommend vacation at this time due to the
question of actual ownership. He feels the plat is defective and
further surveys should be supplied Mr. Soule if he wants to pursue
to vacation.
ADMINISTRATOR'S REPORT continued:
Union Negotiations
A letter was received from AFSCME on September 8, 1983, dated August
31, 1983, asking to open wage negotiations for 1984. On September 6,
1983, Dan Randall, Union Steward, spoke to the Administrator asking
when the union agreement could be opened for discussion. Admini-
strator Uhrhammer informed him that August 31, 1983 was the deadline
according to the union contract.
Rascop moved, seconded by Shaw, to direct the Administrator to
write and inform the union that their letter was not received in
time and they are extending the present contract for another year.
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Football Control
Rascop moved, seconded by Gagne, to approve the contract with
Minnetonka Athletic Association for the 1983 season.
Planning Assistant Appointment
Gagne moved, seconded by Shaw, to restructure the employee job
descriptions and appoint Sue Niccum to the position of Planning
Assistant/Deputy Clerk. Motion carried unanimously.
Planner/Building Official Appointment
Rascop moved, seconded by Stover, to appoint Bradley Nielsen as a
permanent employee to the position of Planner/Building Official.
Motion carried unanimously.
Finance Review Meeting
Council set Monday, September 19, 1983 for their review of the 1984
budget.
A letter will go to the residents containing an explanation of the
budget.
Zoning Ordinance Review Meeting
Thursday, October 6, 19~3 at 7:00 PM, the Council will hold a
Zoning Ordinance Review meeting.
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REGULAR COUNCIL MEETING
SEPTEMBER 12, 1983
page five
MAYOR'S REPORT:
LMCD
John Cross' application for more docks was rejected by the LMCD
because they felt an illegal application was accepted.
Rascop asked the Council direction on how to vote in reference to
special dock density. Council recommended, 1 dock for 10 feet
of lakeshore, but not less than 1 - 6 feet.
Loser's Group
Rascop questioned whether we should join the Loser's Group support-
ing additional changes in the Government State Aid formula.
Administrator will attend the meeting, and report back to Council.
APPROVAL OF CLAIMS AND ADJOURNMENT:
Rascop moved, seconded by Stover, to approve claims for payment to be
followed by adjournment at 10:50 PM. Motion carried unanimously.
General Fund [acct #00166] Checks 27627-27684 $52,014.66
Liquor Fund [acct #00174] Checks 1316- 1365 = $47,879.85
Respectfully submitted,
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Mayor
Sandra L. Kennelly
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