HomeMy Public PortalAbout03/04/97 CCM51
MEDINA CITY COUNCIL MEETING MINUTES OF MARCH 4, 1997
The City Council of Medina, Minnesota met in regular session on March 4, 1997, at
7:32 p.m. in the City Hall Council Chambers. Mayor John Ferris presided.
Members present: John Ferris, John Hamilton, Jim Johnson, Ann Thies, and Phil
Zietlow.
Members absent: None.
Also present: Public Works Director Jim Dillman, Police Chief Rick Rabenort, City
Engineer Shawn Gustafson, Zoning Administrator Loren Kohnen, City Attorney Ron
Batty, and City Clerk -Treasurer Paul Robinson.
1. Adoption of the Agenda
Moved by Phil Zietlow, seconded by John Hamilton, to adopt the published agenda with
the following additions:
1. Public Recognition for Lake Independence Clean -Up.
2. Update on Building Addition.
3. Update on Police Hiring.
4. Hennepin County - Arrowhead Frontage Road.
5. Medina Momingside Water System.
6. Right of Way Acquisition.
Motion passed unanimously.
2. Minutes
Moved by Jim Johnson, seconded by Ann Thies, to approve the minutes of the regular
meeting of February 18, 1997, as submitted. Motion passed unanimously.
3. Consent Agenda
Moved by Ann Thies, seconded by John Ferris, to approve the consent agenda, as
follows:
A. Gambling License for a St. John's Preparatory School Fund Raiser at Holy
Name Church.
Motion passed unanimously.
PARK COMMISSION COMMENTS - A letter was given to the City Council from Tom
Gregor with suggestions for designating antenna lease revenues.
John Ferris asked the City Council when they would like to talk about more specific
ideas for designating this revenue. The first meeting in April was chosen for discussion
on this issue.
PLANNING COMMISSION COMMENTS - There were none.
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OLD BUSINESS
4. Planning Commission Appointments
There were four candidates for three positions on the Planning Commission. The
candidates were Kathy Cook, Leonard Leuer, Frank Mignone, and Decker Velie. The
City Council voted by ballot and the top three vote recipients were, Kathy Cook,
Leonard Leuer, and Frank Mignone.
Moved by Ann Thies, seconded by Jim Johnson, to approve Kathy Cook, Leonard
Leuer, and Frank Mignone to the Planning Commission. Terms for these appointments
expire at the end of February, 2000. Motion passed unanimously.
5. Conditional Use Permit(CUP) for McDonalds.
Loren Kohnen said that McDonalds was proposing to construct and operate a fast food
restaurant at the N.W. portion of the intersection of County Road(CR) 116 and State
Trunk Highway(TH) #55. The property is zoned Urban Commercial and restaurant use
is permitted with a conditional use permit.
Kohnen said letters from city engineer Shawn Gustafson, Elm Creek Watershed, and
Hennepin County were included in the Council Packets.
Kohnen said that Hennepin County requested an additional 10' of road right-of-way, an
8' trail easement, plus a small triangular right of way for a free right turn lane west from
116 to 55. They requested that the driveway just north of Highway 55 be moved 25' to
the north. The new driveway at the north would be aligned as close as possible with
Clydesdale on the opposite side of 116. The existing driveway on Highway #55 would
be closed. Shawn Gustafson, the City Engineer will discuss these issues later.
Kohnen said the site is 80,426 square feet and the building is 4,028 square feet. Both
the building and site meet all the requirements of our ordinance.
Kohnen said the Planning Commission suggested the following conditions:
1. Conditions requested by Elm Creek Watershed District.
2. Conditions required by the city engineer.
3. Items addressed in the CUP checklist.
4. Submitted and approved site plan.
In addition, the Planning Commission had 16 conditions. These were included in the
City Council packets.
Kohnen said he would like to add a condition that the trash container be made out of a
broken face type concrete as McDonalds has done in other locations.
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Loren Kohnen used an overhead to describe the site plan. Kohnen said that
McDonalds had designed the building to accommodate a future playground. He
advised them that if they added a playground they would have to revise their CUP.
Ann Thies asked if there would be large golden arches as signage.
Loren Kohnen said that no there would be smaller signs and that McDonalds would
have to apply for a separate permit for their signs.
Shawn Gustafson used several overheads to show the process used to locate the
accesses to McDonalds and to accommodate a potential frontage road along the north
side of the McDonalds property.
There was some discussion concerning the frontage road. The frontage road may
provide future access to the properties along TH 55.
Shawn Gustafson said that there was some engineering work yet to be done but that it
could be done at the staff level. He mentioned that the grading plan needed work and
that he had some suggestions for the pond outlet structure.
There was some further discussion on the frontage road. Loren Kohnen said that when
the state closes the access to TH 55 it will be required to provide access to
properties/businesses to the west of McDonalds.
Shawn Gustafson stated that there was a program with the state where the state would
pay 90% of a frontage road improvement not including the design and acquisition of
right of way.
There was some discussion about adding an easement requirement to the McDonalds
property for future access from the frontage road to Peggy Rasmussen's property.
Loren Kohnen said this would put McDonalds over their hardcover requirement and for
that, they would need a variance.
Tom Drews, McDonalds project manager, said that if and when the frontage road gets
built they may need the additional area on their property for parking, especially if they
build a playground. Therefore, an additional easement may affect their plans for
eventual growth. Drews said that they have compacted the design of this
building/property as much as possible to accommodate the current easements.
Jim Johnson said that it seemed to make more sense to have the pond at the north end
of the property. Shawn Gustafson responded that the pond was at the south end
because the natural slope of this property was to the south, towards TH 55.
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Phil Zietlow asked if there was some concern from the state about drivers skidding into
the pond.
Shawn Gustafson said that the state did not mention anything so he assumed it met the
clear zone requirements.
Phil Zietlow asked if there would be a problem gaining an easement over the
McDonald's property so that Countryside Cafe and others could access the proposed
frontage road.
Randy Mayer said that would depend on the compensation offered.
Loren Kohnen said that requiring an additional easement could change the use of the
property.
John Ferris said that there are basically two things that would happen if the TH 55
accesses were closed, the state would provide access to these properties, or they
would purchase and condemn these properties.
There was some discussion about the flow of the drive through traffic. Using an
overhead, Drews explained how the proposed drive through would function.
Jim Johnson expressed concern about the way the drive through was designed. He felt
the way it was arranged would cause cars to back up onto CR 116.
Herb Boeckerman, McDonalds Representative, said that the face to face ordering
system with two pickup windows greatly reduced the time that customers needed to
wait in the drive through, thereby reducing the number of cars needing to wait in line.
Boeckerman stated that they had studied the traffic flow and determined that the design
of the store and the drive through would be able to handle the estimated traffic.
Jim Johnson gave an example of a McDonalds in Plymouth at the Northeast corner of
494 and Highway 55 that had been causing considerable traffic problems in that area.
Boeckerman said that this McDonalds was 12 years old and that designs at that time
were not equipped to handle the amount of drive through traffic that occurs at
McDonalds today.
Jim Johnson said that he was sure McDonalds designed its new restaurant to benefit
McDonalds but he not so sure that it was designed in the city's best interest.
Discussion continued on the number of cars that could be in line. Drews said that they
could stack six cars from the order window to the pick up window and about 10 to the
street.
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Randy Mayer, owner of Mayer Mobil, said that throughout this process there had been
no issues raised about potential traffic problems. These plans have been reviewed by
the State, by Hennepin County, and by the Planning Commission.
John Ferris asked the City Attorney for some clarification on the City Council's role in
making a decision on this CUP.
Ron Batty said that the city is basically in a reactive position. The City Council is
responding to a proposal and it is important the City Council look at the plans
presented. These plans have been reviewed by the City Planer, City Engineer, and by
the City's Planning Commission. They all reviewed this information and determined
that it meets the requirements of the city's ordinances. If the City Council finds that
there is some potential for this plan to cause public harm the City Council may attached
additional requirements to the plan to ensure its safety. However, the information
presented thus far appears favorable to this proposal.
Boeckerman said that this building was designed for twenty years and that they needed
it to last that long to recoup their investment. Therefore, they worked hard to ensure
the building and the site would accommodate their needs. Drews said that McDonalds
would probably look to resolve a traffic problem before the city even knew there was
one.
Jim Johnson asked when McDonalds planned to begin construction and open the
restaurant. Drews said they wanted to begin construction on April 1 and planned to
open in July.
Gordon Jensen, attorney for Peggy Rasmussen, asked if this was a public hearing and
said that he had some comments on the traffic issue.
Ron Batty said that the public hearing was held at the Planning Commission. Batty
said that the City Council did sometimes allow discussion, but that it was at the
discretion of the City Council.
Drews said that in his original proposal he had listed the wrong hours of business.
There was some discussion about this and Loren Kohnen said that this issue should
not have been addressed. John Ferris asked if it should be stricken from the
conditions. Loren Kohnen said yes.
Gordon Jensen stated that his client, Peggy Rasmussen, was concerned about the
traffic that this business would generate at this intersection. He said that, Rasmussen's
business, the Countryside Cafe, estimated that they have 400 cars per day frequenting
their establishment. He was concerned that the City Council was looking 20 years into
the future for McDonalds but neglecting the fact that the Countryside Cafe has already
been there for twenty years. He said that the Countryside Cafe and McDonalds were
currently in litigation over access to Mrs Rasmussen's property but that these matters
were not before the City Council. He did say that if TH 55 were closed, and if the
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Countryside Cafe were not granted access to their property and was condemned, the
city would be losing a long standing business in their community.
After some additional comments Jensen asked the City Council to consider a traffic
study on this corner to see if this intersection could handle the amount of traffic that
McDonalds may bring. Jensen said his client would be willing to share in the cost of
this study.
Ron Batty said that this is a planning issue. What happens on one parcel can have an
impact on others. These are called off -site impacts, such as traffic. Cities use
conditional use permits to study and to regulate such impacts. The city used this to
help determine the impacts of Hennepin County's proposed development at the Elwell
property along CR 101.
Boeckerman estimated that approximately 971 cars per day would use their restaurant.
Since 35% of their business happens between 11 a.m.-1 p.m. there would be
approximately 169 cars per hour during the peak times of the day or less then 3 cars
per minute. McDonalds peak times would be opposite the peak traffic times on TH 55.
Ron Batty stated that if the City Council chooses to require a traffic study it would be
important to ask what the City Council plans to do with the study, such as proposing to
build a frontage road, etc.
John Ferris stated that he did not want to spend money on a traffic study unless it was
useful. He said that the traffic on this corner was a mutual problem and that stacking
on 116 would not be tolerated.
David Mayer, owner of the property, said that this property had been available for
purchase for the past 3-5 years. He took the time and money to purchase the property
and now wants to develop it. He said that he has abided by every rule in developing
this property. He cleaned up a property that was an eyesore to the corner. He
contacted McDonalds and he has worked with them to develop these plans. He said
this proposal would increase the city's tax base and put people to work.
Phil Zietlow asked if the city did a traffic study what would be learned. Zietlow said
McDonalds demonstrated that they have several back up plans and have thought out a
number of contingencies. Zietlow said this makes it hard to say no.
John Ferris said that Jim Johnson was justified in raising concerns about traffic and that
his point was well made. He said that as he had mentioned before the City and
McDonalds have a vested interest in traffic not be coming a problem here and that the
City would not tolerate any problems with stacking on 116.
There was some discussion about if the city approved the CUP would they be causing
a situation that would land lock the properties to the west.
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Ron Batty said that they would not, since this action did not change the current status
of these properties.
Moved by Phil Zietlow, seconded by John Hamilton to have staff draft a resolution
approving a CUP for McDonalds with the conditions recommended by the Planning
Commission except #12, adding an additional condition that the trash container be
made out of a broken face type concrete, and modifying #6 removing the references to
lot combination/subdivision. Motion passed unanimously.
6. Resolution 97-05 Public Recognition of Lake Independence Clean -Up
John Hamilton wanted to thank the 20 volunteers who, on Saturday March 2nd' cleaned
up the debris left from a winter of ice fishing. This event was sponsored by the Lake
Independence Citizen's Association(LICA) and Muskie Inc.
Moved by John Ferris, seconded by Phil Zietlow, to pass Resolution 97-05, a resolution
of appreciation for the volunteers who participated in the clean-up at Lake
Independence. Motion passed unanimously.
7. Resolution 97-06 Removal of Assessments.
Paul Robinson said that as a part of the TH 55 sewer extension project the city
purchased a 3.72 acre parcel from Emil and Rita Jubert. This parcel was purchased
with the idea that it could be used for some future public purpose. The public purpose
used at the time the city purchased this property was as a potential site for a water
tower.
Robinson said that the purchase price of the property took into consideration the
assessment that had been levied against this property. After the city purchased the
property, the county continued to bill the city for the assessment payable. If the city
were to pay this assessment, it would be basically paying itself. Robinson said he
looked into several options for deferring the assessment or removing it. He said some
cities remove assessments and then pass a resolution to place a lien on the property in
the amount owed. This seemed to be a fairly cumbersome process.
Robinson said that the City Attorney recommended the city simply remove the
assessment from the property. The rationale of the City Attorney was that if the city
eventually sells this property, the market rate at that time will determine the price with
or without the assessment. Therefore, removing the assessment seemed the be the
cleanest and easiest way to take care of this issue.
There was some discussion about the potential uses of the property.
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Ron Batty stated that the city purchased the property because it was cheaper and
easier to buy out Emil Jubert than to assess him. This also removed a potential
impediment to the original project.
Moved by Ann Thies seconded by John Hamilton to pass the Resolution 97-06
Reassessing Real Property. Motion passed unanimously.
8. Clerk's Conference
John Ferris stated that Paul Robinson would like to attend the Minnesota Clerks and
Financial Officers Conference(MCFOA) in St. Cloud. Ferris said that this conference
was included in the 1997 budget.
Moved by Phil Zietlow, seconded by John Ferris, to approve the city -clerk -treasurer's
request to attend the 1997 MCFOA conference. Motion passed unanimously.
9. Road Material Bids
Jim Dillman said that each year the public works department bids out for road
materials. In addition, this year some equipment rental was also added to the bidding
process.
Moved by Jim Johnson, seconded by John Hamilton, to approve the public works
department's request to advertise for bids for road material and equipment rental.
Motion passed unanimously.
10. Arrowhead Frontage Road
Jim Dillman said that Jim Grube, Hennepin County Public Works, would like to know if
Hennepin County designs and builds the frontage road would the City Council agree to
pay for the design costs by reducing the amount of acres they would have to pay a
sewer assessment on.
Jim Dillman said that they were not looking for a formal agreement tonight but an
indication from the City Council that they would be willing to go forward with this project
and consider reducing their sewer assessment.
John Ferris said that the county should submit a request but that the City Council would
be willing to negotiate an agreement that would be fair to both parties.
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11. Morningside Water Pressure Tank Replacement.
Jim Dillman said that a water pressure tank in the Morningside water system was
leaking. He said they wanted to replace the tank this spring at a cost between
$50,000-$60,000. For this project the city would be acting as the general contractor.
12. Right of Way Acquisition
Paul Robinson said that on Monday the county served the city with a summons
concerning easements that they were seeking along TH55.
Ron Batty said that he had not seen these documents. After he looked at the document
he thought this must be a quick take action. He said he would review them.
13. City Hall Addition
Phil Zietlow said that the police department had a couple of meetings about plans for
the city hall addition. They looked at ways to get the price down including comments
suggested by John Hamilton.
Phil Zietlow said that they met with the architect and looked at a variety of options to
reduce the cost of the renovation/addition. He discussed some of these revisions.
Zietlow said that he would like the City Council to reject the bids for the city hall
addition and in a few weeks review the revised plans.
There was some discussion about potential cost saving measures and about
constructing the building so that certain items could be phased in over time.
John Ferris said not to give up on the original plan but work to get the cost down.
Focus on the areas that are critical to function and then add on from there.
Phil Zietlow said that the City Council needed to reject the current bids.
Moved by Phil Zietlow, seconded by Ann Thies to reject the bids from the February 14,
1997 bid opening for the city hall addition. Motion passed unanimously.
14. Special Meetings to Review City Hall Plans and Bids
The City Council discussed dates for two special meetings. One to review the revised
City Hall addition plans and the second to review the bids.
Moved by Phil Zietlow, seconded by Ann Thies, to have a special meeting on March 25,
1997, to review the revised City Hall addition Plans, and a special meeting on April 22,
1997, to review the bids received for construction of those plans. Motion passed
unanimously.
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15. Police Hiring Update.
Phil Zietlow said that the police hiring process was not going very well. Their n mber
one candidate withdrew his application for the position. This meant that the p lice
department needed to start its hiring process again. Zietlow said that they coul look at
candidates not interviewed from the first process or re -advertise for the position.
Since it had been almost three months since the last process began the consensus of
the City Council was that they should start the process over.
There was some discussion about where to advertise. It was decided to advertise in
the Star Tribune and Pioneer Press as well as in other publications where there would
be no charge, such as the Post Pool Line and the League of Minnesota Cities Bulletin.
Rick Rabenort said that last time they required the applicants to pick up applications in
person. He asked if he should continue this practice.
The consensus was that the police department should not require that applicant
up applications in person. This time the police department should mail out appl
after reviewing resumes and cover letters.
s pick
ications
There was some discussion about requiring both applications and resumes and about
the logistics of reviewing them.
The police department was directed to advertise as soon as possible.
16. Pay the Bills
Moved by Phil Zietlow, seconded by John Ferris, to approve order checks numbers
16858-16902 for $65,110.93 and payroll checks 15142-15158 for $11, 427.79. Motion
passed unanimously.
17. Adjourn
Moved by Ann Thies, seconded by John Hamilton, to adjourn the meeting at 10:55p.m.
Motion passed unanimously.
740
John B. Ferris, Mayor
Paul Robinson, Clerk -Treasurer
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ORDER CHECKS - MARCH 4, 1997
16858 Air Touch Cellular $ 63.55
16859 Bryan Rock 276.00
16860 Casara Computer Systems 1,266.48
16861 Classic Cleaning 191.70
16862 Commissioner of Revenue 873.39
16863 Culligan 60.60
16864 Delta Dental 516.95
16865 E-Z-Recycling 2,132.58
16866 Rolf Erickson Ent. Inc 2,589.84
16867 G. L. Contracting 1,655.80
16868 Gopher State One Call 78.75
16869 Government Training Service 181.50
16870 Great West Life 1,015.00 14
16871 Koch &Sons ��t��--- 5,060.00
16872 Kustom Signals 1,039.64
16873 Lake Productivity Training 75.71
16874 Lawson Products. 118.18
16875 League of Minnesota Cities 61.64
16876 Little Falls Machine 40.46
16877 Long Lake Fire Dept. 3,010.88
16878 Long Lake Tractor 128.52
16879 Lucent Technologies 23.43
16880 Medica 2,163.98
16881 Metro Council Wastewater Svcs. 8,806.00
16882 Minnesota Mutual 193.00
16883 Minnesota State Retirement 117.00
16884 Northern States Power 4,551.06
16885 Office Max 154.93
16886 P.E. R.A. 2,239.48
16887 Pitney Bowes Credit Corp. 283.38
16888 Postmaster 585.00
16889 Randy's Sanitation 80.83
16890 Rettinger Bros. Oil 4Pe, 4,854.25
16891 Streicher's 35.94
16892 Suburban Alliance 2,066.00
16893 Total Office Products 38.50
16894 Transtech, Inc. 443.20
16895 Tri State Pump 713.57
16896 U.S. West Communications 333.75
16897 University of Minnesota 50.00
16898 Unum 57.20
16899 Cec Vieau 45.32
16900 Visu Sewer Clean & Seal 16,698.10
inn
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ORDER CHECKS - MARCH 4, 1997 (PAGE 2)
16901 Warning Lites 40.00
16902 Zep Manufacturing 99.84
$65,110.93
PAYROLL CHECKS - MARCH 4, 1997
15143 John A. Hamilton $ 138.52
15144 Ann C. Thies 138.52
15145 John B. Ferris 207.79
15146 Philip K. Zietlow 138.52
15147 James R. Johnson 138.52
15148 Paul A. Robinson 800.71
15149 Steven T. Scherer 904.65
15150 Richard R. Rabenort 1,235.05
15151 Michael J. Rouillard 1,016.96
15152 James D. Dillman 1,013.54
15153 Robert P. Dressel 925.54
15154 Edgar J. Belland 1,587.16
15155 Cecilia M. Vieau 666.18
15156 Laura L. Sulanader 890.73
15157 Sandra L. Larson 733.04
15142' Jon D. Priem 892.36
5 _7A9
$11,427.79