1992-10-132O3
October 13, 1992
MINUTES - MOUND CITY COUNCIL - OCTOBER 13v 1992
The city Council of Mound, Hennepin County, Minnesota,
regular session on Tuesday, October 13, 1992, in the
Chambers at 5341 Maywood Road, in said City.
met in
Council
Those present were: Mayor Skip Johnson, Councilmembers Andrea
Ahrens, Liz Jensen, Phyllis Jessen and Ken Smith. Also present
were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark,
City Attorney Curt Pearson, City Planner Mark Koegler, Building
Official Jon Sutherland and the following interested citizens:
Marge Stutsman, Victoria Pawlowski, Gregory Fenzl, Darlene Duvick-
Bjorke, Steve Becker, John & Annette Flaherty, Jeri Forster,
Dorothy & Bill Netka, Richard Smith, Clark Lillehei, and Ed Rogers.
The Mayor opened the meeting and welcomed the people in attendance.
The Pledge of Allegiance was recited.
1.0 MINUTES
MOTION made by Jansen, seconded by Smith to approve the
Minutes of the September 22, 1992, Regular Meeting and the
September 29, 1992, Committee of the Whole Meeting, as
submitted. The vote was unanimously in favor. Motion
carried.
1.1 PUBLIC HEARING: APPLICATION TO CONSIDER A CONDITIONAL USE
PERMIT FOR THE TORO COMPANY AT 5330 SHORELINE DRIVE TO ALLOW
CONSTRUCTION OF ANACCESSORY STRUCTURE CONSISTING OF A BULLET
HEATER TEST BUILDING
The City Planner explained that the Toro Company is requesting an
amendment to Resolution #85-87 to add a portable heater testing
facility on the north side of the site. If approved, the site plan
for the overall Planned Industrial Area (PIA) will be amended to
include the new structure. The proposed building measures 16' x
32', is a pre-engineered building with a metal panel exterior. The
building location meets all required setback criteria and will be
surrounded by a chain link security fence. The building will be
used for long term testing of portable kerosene heaters. It will
accommodate 8 testing stations and two 250 gallon fuel tanks. A
bituminous clear area of 5 feet will surround the building within
the fenced enclosure. There are two areas of concern:
1. Compatibility with the surrounding neighborhood; and
2. Building appearance.
In correspondence, the Toro Company stated the following:
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October 13, 1992
®
The proposed use, which is to test portable heaters is
not believed to have any adverse impact on the property
in the vicinity.
No increase in traffic or parking will result from this
structure with the exception of occasional deliveries of
heater fuel.
The only noise generated will be that of the heaters
within the building which will not be noticeable outside
the structure.
The building will have no exterior lights but will depend
on existing parking lot lighting.
No smoke will be generated.
The Planner stated that the proposed zoning code modifications
would prohibit a metal panel exterior, but these have not yet been
adopted. On the other hand the existing industrial building
contains large wall areas clad in a beige metal panel system.
The Planner stated the Planning Commission recommended approval of
the amendment to allow a portable heater testing facility subject
to the following conditions:
The building will be used only for heater testing and
related product/equipment storage. Any change in the use
of the building will require modification of The Toro
Company's Operations Permit.
Prior to the issuance of a building permit, the applicant
shall submit a lot survey certified by a registered land
surveyor for the portion of the site containing the
proposed use.
The proposed use shall comply with all applicable MPCA
requirement for noise and air quality emissions.
The heater test facility shall comply with all applicable
building and fire code requirements.
Prior to occupancy, the applicant shall submit a
landscaping plan for the area around the proposed
building. The landscaping plan is to be approved by the
City Planner.
The Planner stated he has contacted the MPCA and they have no way
to measure odor and no standards for this. Therefore, he is
suggesting that the following be adopted in place of #3 above:
If the City receives complaints from neighboring property
owners regarding noise or odor emissions from the heater test
facility and if such emissions can be verified by City Staff,
the Toro Company shall install required equipment or make
necessary building/mechanical modifications to remove the
identified noise and/or odor emissions.
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October 13, 1992
There was discussion on how to enforce this if there are
complaints. Clark Lillehei, Toro Company, stated they want to be
responsible neighbors.
The Mayor opened the public hearing. The following persons
expressed the following concerns: Steve Becker, 5101 Edgewater
Drive; Victoria Pawlowski, 2212 Fairview Lane; Greg Fenzl, 2212
Fairview Lane; and Darlene Duvick-Bjork, 2189 Fairview Lane. 1. Noise or odor emissions.
2. Why this facility is not being located in Shakopee.
3. Tank could act as a microphone for the noise.
4. Any special fire protection.
The people from Toro stated that if noise becomes a problem, they
could insulate the building. They did not feel there would be an
odor problem. There is no special fire protection required and the
testing areas will have U.L. venting. This test structure does not
fit into the consumer division which is what the Shakopee plant is.
The Council discussed limiting the size (BTU's) of the heaters
tested. Toro stated they would rather deal with the noise level if
there is a problem than have a limit on the size of the heaters.
The Council discussed the landscaping around the proposed structure
to soften the appearance of the building and security fence. They
further discussed having Toro provide a non-emergency phone number
that any complaints could be directed to day or night.
The Mayor closed the public hearing.
Smith moved and Jessen seconded the following resolution:
RESOLUTION %92-127
RESOLUTION TO APPROVE AN AMENDMENT TO
RESOLUTION %85-87 TO ALLOW AN ACCESSORY
STRUCTURE CONSISTING OF A PORTABLE HEATER
TESTING FACILITY FOR THE TORO COMPANY AS
SHOWN ON THE SITE PLAN (EXHIBIT "A") AT
5330 SHORELINE DRIVE, SYLVIAN HEIGHTS
ADDITION TO MOUNDv PID %13-117-24 34
0026, P & Z CASE %92-057
The vote was unanimously in favor. Motion carried.
1.2 PUBLIC HEARING: APPLICATION TO CONSIDER A CONDITIONAL USE
PERMIT AMENDMENT FOR THE TEEN CLUB AT 2313 COMMERCE BLVD. TO
ALLOW A POOL TABLE AND 13 VIDEO MACHINES ON THE MAIN FLOOR
The Planner explained that Mr. Flaherty is requesting that the site
plan be modified. The proposed plan identifies a total of 13 video
games and one pool table, all placed in the front portion of the
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October 13, 1992
business. The proposed video games and pool table are still below
the total amount (20 and 4 respectively) of such devices that were
approved under Resolution #91-123. The Planning Commission
recommended approval of the request and added that the location of
these devices not be restricted. If the location is restricted it
would require that Mr. Flaherty would have to appear before the
Council every time he wants to rearrange the center.
The Council discussed parking requirements. The Planner stated
there is adequate parking across from the House of Moy through the
CBD parking program.
The Mayor opened the public hearing. He then read a letter from
Peter Johnson of the Johnson and Wood Law Offices which opposes any
expansion or extension of the conditional use permit for the
following reasons:
1. There are other facilities that are better suited to
operating a teen club.
2. The Netka site has inadequate parking.
3. The proposed teen club is a use which is inconsistent
with surrounding uses.
4. The teen club is likely to be a nuisance to surrounding
property owners.
The Council asked if there would ever be a restaurant in the
building. Mr. Flaherty stated yes it is in the plans for the
future. He further stated that the mezzanine level will not be
used at this time.
Mrs. Flaherty stated that the teens will not be allowed to
congregate outside the building or in the parking lots.
The City Clerk asked for a clarification on the principal use of
the business. If it is video games, etc., the applicant could need
an Arcade License which requires another public hearing.
After considerable discussion the Council and the applicant agreed
that the principal use is a teen club or dance hall, not an arcade.
The applicant was advised he needed to come in and apply for the
appropriate licenses for his facility.
The Planner stated that a legal description of the property needs
to be inserted in the resolution, also the language requiring that
the resolution be filed with Hennepin County.
The Mayor closed the public hearing.
HOTION made by ~ensen, seconded by ~essen direotinq staff to
prepare a resolution to amend resolution #91-123, items #17 to
allow twenty (20) amusement devices (video machines) and four
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October 13, 1992
(4) pool tables on the main level of the teen center, and that
the location of these devices not be restricted. &lso to add
the legal description of the property and the appropriate
language requiring that the resolution be filed with Hennepin
County. The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
ADD-ON ITEM=
1.3 QUIT CLAIM DEED TO CORRECT DESCRIPTION OF EASEMENT
The City Attorney explained that back in 1979 an easement with an
incorrect description for a City easement was filed on property
owned by Arthur & Judith Peterson. The City Attorney and Roger
Reed have conferred with the City Engineer and tonight are
presenting a Quit Claim Deed to rectify the incorrect description
that was filed on May 23, 1979, as document #1342050.
Smith moved and Jessen seconded the following resolution:
RESOLUTION %92-128
RESOLUTION TO AUTHORIZE THE MAYOR ~ND
CITY MANAGER TO EXECUTE A QUIT CLAIM DEED
CORRECTING THE DESCRIPTION OF A CITY
EASEMENT T~AT WAS ORIGINALLY FILED MAY
23, 1979, AB DOCUXENT %1342050
The vote was unanimously in favor. Motion carried.
1.4 RESOLUTION APPROVING A GAMBLING PERMIT APPLICATION FOR OUR
LADY OF THE LAKE CHURCH - RAFFLE 11/15/92
Smith moved and Ahrens seconded the following resolution:
RESOLUTION %92-129 RESOLUTION APPROVING A GAMBLING PERMIT
APPLICATION FOR OUR L~DY
CHURCH - RAFFLE 11/15/92
The vote was unanimously in favor. Motion carried.
1.5 RESOLUTION REQUESTING THE COUNTY AUDITOR
$16t210.69 FOR 1976 WATER REVENUE BONDS
Smith moved and Jensen seconded the following resolution:
RESOLUTION %92-130
OF THE LAKE
NOT TO LEVY
RESOLUTION REQUESTING THE COUNTY AUDITOR
NOT TO LEVY $16,210.69 FOR 1976 WATER
REVENUE BONDS
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October 13, 1992
The vote was unanimously in favor. Motion carried.
1.6 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION
IMPROVEMENT BONDS OF 197S IN THE ~MOUNTOF $15.957
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #92-131 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIG&TION IMPROVEMENT BONDS OF
1978 IN THE /%MOUNT OF $15,957.00
The vote was unanimously in favor. Motion carried.
1.7 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF 915,570
Ahrens moved and Jensen seconded the following resolution:
RESOLUTION #92-132 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1979 IN THE AMOUNT OF $15,570.00
The vote was unanimously in favor. Motion carried.
1.8 RESOLUTION CANCELLING THE LEVy ON GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,089
Jensen moved and Johnson seconded the following resolution:
RESOLUTION #92-133 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1980 IN THE AMOUNT OF $4;089.00
The vote was unanimously in favor. Motion carried.
1.9 RESOLUTION CANCELLING THE LE~Y ON GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1982 IN THE /%MOUNT OF $12,900
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION #92-134 RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLIGATION IMPROVEMENT BONDS OF
1982 IN THE AMOUNT OF $12,900.00
The vote was unanimously in favor. Motion carried.
1.10 RESOLUTION CANCELLING THE LEVY ON GENERAL OBLIGATION
IMPROVEMENT BONDS OF 1984 IN THE AMOUNT OF $14,796
Johnson moved and Ahrens seconded the following resolution:
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October 13, 1992
RESOLUTION ~92-135
RESOLUTION CANCELLING THE LEVY ON THE
GENERAL OBLZG&TZON ZMPROVEM. ENT BONDS OF
1984 IN THE A~OUNT OF $14,496.00
The vote was unanimously in favor. Motion carried.
1.11 RESOLUTION ESTABLISHING THE PROCESS OF INTERVIEWING CANDIDATES
FOR ADVISORY COI~ISSION APPOINTMENTS
The city Manager explained that this resolution was developed to
avoid the gap of time between interviews of candidates and the
appointments to various commissions.
Councilmember Jensen stated she brought this up before the Planning
Commission last night and they had some valid reasons for not
endorsing the proposed process:
1. Asking candidates to attend a meeting that is not on the
night they would regularly be meeting.
2. Commissioners are volunteer and we would be asking for
another night of their week.
3. Council could be losing the commission's expertise.
The City Manager suggested amending the second paragraph to read as
follows:
Candidates for appointment to advisory commissions will be
interviewed jointly by the applicable commission and the City
Council at a regularly scheduled commission meeting.
Following the interviews and at the same meeting, the
commission will establish a ranking of the candidates, listing
the candidates and the number of votes they have received.
The results will then be submitted to the Council at the next
regular Council Meeting. The Council will then make official
appointments at that Council Meeting.
The 1st and 3rd paragraphs will remain the same as proposed.
Smith moved and Jensen seconded the following resolution:
RESOLUTION #92-136
RESOLUTION ESTABLISHING THE PROCESS OF
INTERVIEWING CANDIDATES FOR ADVISORY
COMMISSION APPOINTMENTS, AS AMENDED
The vote was unanimously in favor. Motion carried.
1.12 PAYMENT OF BILLS
MOTION made by Jessen, seconded by Johnson to authorize the
payment of bills as presented on the pre-list in the amount of
$488,695.22, when funds are available. A roll call vote was
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October 13, 1992
unanimously in favor. Motion carried.
ADD-ONS
1.13 BID AWARD~ CBD SNOW REMOVAL
The City Manager explained that the City received only 1 bid. That
was from Widmer Bros. The increase in the hourly rate is minimal.
Staff recommended approval.
Jessen moved and Smith seconded the following resolution:
RESOLUTION #92-137 RESOLUTION ACCEPTING ANDAWARDING THE BID
FOR 1992-93 CBD SNOW REMOVAL TO WIDMER
BROS.
The vote was unanimously in favor. Motion carried.
1.14 FALL LEaF PICK-UP
The City Manager reported that no bids were received to haul leaves
for a Fall leaf pick-up. The City Attorney advised that since no
bids were received, the Council could negotiate a contract with
someone who would be willing to do the pick-up. The Council asked
that the Recycling Coordinator contact some haulers to see if they
would consider providing prices for the pick-up.
1.15 SET DATE FOR CANVASS OF ELECTION
MOTION made by Ahrens, seconded by Johnson to set Wednesday,
November 4, 1992, at ?~30 P.M. to canvass the local election.
The vote was unanimously in favor. Motion carried.
INFORNATION/MISCELL~NEOUS
A. Department Head Monthly Reports for September 1992.
B. LMCD Representative's Monthly Report for September 1992.
C. LMCD Mailings.
D. Thank you note from Mike & Sue Henning, recent recipients of
Westonka Dollars.
E. Thank you letter from Orono Police Department re: Officer
Darrell Huggett and Rambo.
F. Planning Commission Minutes of September 28, 1992.
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October 13, 1992
Ge
Notice of change of address for the Minnehaha Creek Watershed
District.
H. REMINDER: COW Meeting, Tuesday, October 20, 1992, 7:30 P.M.
I. REMINDER: Recycling Days, October 23 & 24 - Lost Lake Site.
Jo
Annual City of Mound Christmas Party is scheduled for Friday,
December 18, 1992, Mound American Legion.
Ke
The City Manager handed out a letter from Governor Carlson
pointing out the newest $840 million shortfall that is
expected. Enclosed with this letter is a copy of "Minnesota's
Financial Outlook" and a survey form on how we think he should
make the tough budget choices. The Manager asked that the
Council review this information and bring it to the next
Committee of the Whole Meeting for discussion.
Lo
A copy of the AMM proposed policies for the 1993 legislative
session was distributed to the Council. The City Manager
asked that the Council review this information and bring it to
the next Committee of the Whole Meeting for discussion.
Councilmember Jessen stated that the League of Women Voters
will be holding a candidates forum on October 26, 1992, in the
Mound City COuncil Chambers for Spring Park, Minnetrista and
Mound. It wall be on cable T.V.
MOTION made bY Ahrens, seconded by Jessen to adjourn at 10:45
P.M. The vo2e was unanimously in favor. Motion carried.
Ed~a~VJ. Shu~lt, ~-~.'~] City Manager
Attest: City Clerk
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BILLS October 13, 1992
BATCH 2093 $390,719.37
BATCH 2094 97,975.85
TOTAL BILLS $488,695.22