HomeMy WebLinkAbout[05] North Country Trailer Sales11"�-�r!
CMI OF ST. JOSEPH
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
STAFF RECOMMENDATION:
Council Agenda Item 5
May 3, 2010
North County Trailer Sales
Requesting Relief from use of non paved surface
Administration
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission and City Council considered
the Special Use Request of North County Trailer Sales in 2009. One of the provisions of the Special Use
Permit was that "all vehicles or trailers located on the property forsole will be stored on the bituminous
surfacing."
BACKGROUND INFORMATION: When the property owner came to the office for the signature on the
MN Public Safety Zoning letter they were informed the aforementioned provision. It had been noticed
that trailers were being parked on gravel surfaces. Since this was a requirement of the Special Use
Permit the relief could only be provided through the Planning Commission.
The matter at this time is not about the continuance of the Special Use or adding additional provisions,
they property owner has complied with the other provisions and the property has been maintained.
ATTACHMENTS: MN Department of Public Safety Zoning Request .......... ............................... 5:1
Executed Resolution of Findings — City Council ............... ............................... 5:2
2009 [03] Mar 19 — City Council Minutes ......................... ............................... 5:3 -7
2009 [02] Feb 02 — Extract of PC Minutes ........................ ............................... 5:8 -10
2009 [03] Mar 02 — Extract of PC Minutes ....................... ............................... 5:11 -12
REQUESTED PLANNING COMMISSION ACTION: The Planning Commission must determine whether or
not the all the areas for trailer sales needs to be paved.
' P0 e"1.. MINNESOTA DEPARTMENT OF PUBLIC SAFETY
DRIVER AND VEHICLE SERVICES
` 445 Minnesota Street, St. Paul, MN 55101 -5186
PHONE: 651 -296 -2977
FAX: 651 - 297 -1480
EMAIL: DealerQuestion @mndriveinfo.org
OFFICE USE ONLY
DEALER NUMBER:
DATE RECEIVED:
INITIALS:
Minnesota Vehicle Dealer License — Zoning Verification
The Zoning Official for the jurisdiction in which the dealership resides must complete this form.
Zoning District: f% ;ahG[�f�ui/igSs
This form is for (check one): N Primary Location ❑ Additional Location (Attach a separate
Commercial Checklist PS2410 for each location)
DEALER NAME �E�.0I1L� L Ie C lV T�I(�piP�.SESC G�b a /✓�,l�Tff Ca�lrl �/ ?iE'f�l L E'�E' SACS
S treet q/W Ale A
city ST —105,0M State AW zip,15-07 county . 7- AfAYe,N5
Type of Dealer's License (check one)
N NEW ❑ USED ❑ LESSOR ❑ WHOLESALER ❑ BROKER ❑ AUCTIONEER ❑ SALVAGE POOL ❑ LIMITED USE VEHCCLE
Please check appropriate statement:
❑ This dealership is permitted use within the above zoning district for the type of business indicated above and
there are no zoning complaints or enforcement actions pending at this time.
® This dealership is permitted conditional use within the above zoning district for the type of business
indicated above and there are no zoning complaints or enforcement actions pending at this time.
(Must attach a copy of the conditional use permit) au s ► "e% c p ,,, � e S /_ u ,WW A le
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Printed Name of Zoning A
Zoning Authority Phone Number
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ignature of Zoning Authority)
Subscribed and sworn to before me this
day of Jn� 20 J 0„
NOTARY PUBLIC Gl R4- fAkf -d UAU -,-
COUNTY: SjY
MV (YIMMTRRifW FYPTRFC I -7
SARAH BIALKE
0 NOTARY PUBLIC - MINNESOTA 1
' „;� My Commission Expires Jan. 31, 2015
Resolution of finding
The request of North County Trailer Sales for a Special Use request came before the Planning
Commission at a public hearing held on February 2, 2009. The purpose of the hearing was to consider
issuance of a Special Use Permit to allow used automotive /trailers in a B2 Highway Business Zoning
District.
The property is located at 414 County Road 75, St. Joseph MN 56374.
St. Joseph Code of 52.32 subd. 4 (e) allows for new or used auto dealerships by issuance of a special
use permit.
The request has been submitted by North County Trailer Sales, 6025 -18th Street North, St. Cloud MN
56303.
Notice of this matter was duly served and published.
The Planning Commission on February 2, 2009 closed the public hearing after hearing all those present
wishing to speak and discussed the concerns presented. In an effort to secure additional information, the
Planning Commission tabled action on this matter and continued the discussion at the March 2, 2009
Planning Commission meeting.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the
following findings:
The proposed use is consistent with the standards for granting a special use permit, St.
Joseph Code of Ordinances 52.07.03.
Based on the above findings, the City Council makes the following motion:
Approval of the Special Use Permit to allow a used auto and trailer business in a Highway Business
Zoning District with the following contingencies:
1. The property owner will conform to the Sign Ordinance to Include temporary signs.
2. The use of banners and streamers will be prohibited.
3. All vehicles or trailers located on the property for sale will be stored on the existing
bituminous surface.
4. The fence located on the south property line will be Improved and expanded as follows:
a) The fence must be lowered so the bottom of the fence is no more than 2 inches
above the ground.
b) The Fence posts shall be secured with concrete and the fence will be located 2
feet from the property line.
c) The Fence will be extended 83' to the east and 16' or to the ROW line on the
west; whichever is less.
d) The south side of the fence will be painted or stained as It faces south.
5. The property will be monitored with a security system which will be activated when the lot Is
unattended and the access to the property will be secured when unattended as well
6. All site lighting will conform to the St. Joseph Code of Ordinances.
ATTEST
Ju Weyy ns, Adminis ator
5:2
March 19, 2009
Page 1 of 6
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, March 19, 2009 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor Al Rassier. Councilors Dale Wick, Renee Symanietz, Steve.Frank, Bob Loso.
Administrator Judy Weyrens.
City Representatives Present: City Engineer Randy Sabart, Police Chief Pete Jansky, Finance Director
Lori Bartlett, Public Works Director Terry Thene.
Others Present: Ellen Wahistrom, Bob Wahistrom, Nancy Notch, Harvey Notch, Jim Graeve, David
Fimrite, Robert Rice, Kyle Mcllwein, Kip Mcllwein, Margaret Wurm, Jody Terhaar, S. Kara Hennes,
Richard Schwegel.
PUBLIC COMMENTS TO THE AGENDA
Ellen Wahistrom, 409 — e Avenue NE approached the Council to discus the Special Use Permit request
of David Fimrite, North County Trailer. Wahistrom stated that she had requested to be on the agenda
and was denied and was told that she could express her comments at during the public comment portion
of the meeting. Wahistrom stated that she is not opposed to business, including a carltrailer lot if it is
done and sustained in a way that is respectful to the neighborhood.
Wahistrom stated that in her opinion the neighbors did not have the opportunity to respond to the
proposed Special Use Permit as the hearing was opened, closed and tabled for 30 days. When the
Planning Commission reconsidered the matter, the petitioner was able to speak, but the neighbors were
not. Wahlstrom expressed the following concerns: safety; the City taking responsibility for what she
considers an impaired road, 8`h Avenue NE, which is only two years old; administrative procedures for
public hearings; clarification of the information given to the Planning Commission; and clarifications on the
Ordinance requirements for submitting an application for Special Use.
With regard to the condition of a Avenue, Wahistrom expressed concern that the residents were
assessed for a portion of the improvements and is concerned that the road will not last as long as it
should and the residents would be assessed again. Another concern is the public hearing process
conducted by the Planning Commission. Wahistrom stated that the Ordinance requires a property owner
to be present at the hearing and that did not happen. She understands that he had a medical emergency,
but someone should have been present. When the matter was tabled to the next meeting 30 days later,
the residents did not get an opportunity to speak; only the petitioner. Wahistorm also questioned
information presented to the Planning Commission, specifically that the previous owner had was
grandfathered in as a permitted use from the Township. The property was used as a flower shop when it
was in the Township.
Nancy Notch, 406 — 8"' Avenue NE spoke in regards to the proposed special use permit for North Country
Trailer Sales. Notch stated that she is not opposed to business but has safety concerns regarding the
proposed use. Notch requested that the Council require modifications to the existing fence. Specifically
she requested the fence be lowered and extended to the east.
Jim Graeve, 619 Minnesota Street East requested the Council reconsider the recommendation of the
Planning Commission and extend the fence.
Approve Agenda: Wick made a motion to approve the agenda with the following exceptlons:
• Removal of item (c) Special Use — North County Trailer Sales
• Removal of equity designations under (e), leaving the February Treasurer's Report.
The motion was seconded by Symanietz and passed unanimously.
Consent Approve Agenda: Wick made a motion to approve the Consent agenda as amended.
5:3
March 19, 2009
Page 2 of 6
a. Minutes — Requested Action: Approve the minutes of March 5, 2009
b. Bills Payable — Requested Action: Approve check numbers 041388. 041442 and EFT numbers
000251- 000255.
c. Removed for discussion.
d. Development Agreement— Requested Action: Authorize the Mayor and Administrator to
execute a Development Agreement between the City of St. Joseph and Central MN Federal
Credit Union to construct a 7,425 square foot branch facility at 1300 Elm Street East
e. Treasurer Report — Requested Action: Accept the February 2009 Treasurer's Report.
The motion was seconded by Symanietz and passed unanimously.
Outdoor Liaour Permit - Sal's Bar: Mayor Rassier opened the public hearing and stated the purpose of
the hearing is to consider an outdoor liquor license for an event to be held on May 8, 2009 which is
commonly referred to as Senior Farewell. St. Joseph Code of Ordinances 71 includes a provision
whereby each liquor establishment can apply for one outdoor permit to sell alcohol past 9:30. The
provision requires a public hearing and notice to property owners within 350 feet.
Weyrens stated that the event application before the Council is a joint application between the College of
St. Benedict/St. John's University and Sal's Bar. This is the third year for the event and it has been
managed will in the past. The event includes an outdoor beer garden without outdoor music. Chief
Jansky stated the College /University will provide lighting and cleanup after the event as well as outdoor
monitoring. Jansky concurred that the senior farewell event has been managed well since the new
tradition of the outdoor beer garden at Sal's. After the bars close, the outdoor beer garden will provide
free pizza, water and soda to the seniors. As in the past, the food service after bar hours allow the
students to say their farewell's and disburse slowly rather than everyone leaving at 1:00. Councilor Frank
questioned if any residents have expressed concern about the event and if the concerns of the Monastery
have been addressed. Weyrens stated that the office is unaware of any concerns.
Their being no comments from those presented Wick made a motion to close the public hearing at
7:25 PM; seconded by Symanietz and passed unanimously,
Chief Jansky stated that the College /University will reimburse the City for the overtime of two officers. In
addition, the City will be using funds from the party house grant to offset the overtime costs. Jansky
reiterated that the student Senates from both institutions will provide clean up services after the event.
This was successful in the past two years.
Loso made a motion authorizing the Mayor and Administrator to execute the Outdoor Liquor
Permit for Sal's Bar for an event to be held on May 8, 2009. The motion was seconded by
Symanietz and passed unanimously.
Outdoor Liquor Permit - Church of St. Joseph: Mayor Rassier opened the public hearing at 7:30 PM and
stated the purpose of the public hearing is to consider an outdoor liquor permit for St. Joseph Parish for
an event to be held on July 3, 2009.
Rich Schwegel appeared before the Council on behalf of the St. Joseph Parsih. Schwegel stated that the
event for July 3, 2009 is planned similar to that of 2008. The event will include a free concert by Bobby
Vee and two additional bands with the St. Joseph Chamber and St. Joseph Jaycees providing fireworks
during the intermission. The event will include food, alcohol and games including pull tabs. The Parish
will secure all necessary permits. Schwegel stated that the Parish has made arrangements to hire four
Stearns County Deputies along with paying for the overtime of St. Joseph Police Officers. In addition the
Parish has approximately 20 to 25 volunteers that will assist with security during the concern.
Immediately following the concert a separate group will provide clean up of the street and grounds, as
they did in 2008.
5:4
March 19, 2009
Page 3 of 6
Schwegel stated that they have offered those residents adjacent to the property the opportunity to stay at
a hotel on July 3. When questioned if any residents has accepted the offer Schwegel stated that they
have not. This year the Church will also notify the residents of the Millstream Shops and lofts.
With no one present wishing to speak, Frank made a motion to close the public hearing at 7:40 PM;
seconded by Symanletz. The motion passed unanimously..
Schwegel questioned the Council if the City would allow temporary handicap parking on Minnesota Street
between College Avenue and 1st Avenue NE. The Council was in general consensus that the Parish
should work with the City Administrator and Police Chief to review the request.
Frank made a motion to authorize the Mayor and Administrator to execute the Outdoor Liquor
Permit for the St. Joseph Parish, for an event to be held on July 3, 2009. In addition the City
Administrator and Police Chief are to work with the Parish to designate appropriate handicap
parking for the concert. The motion was seconded by Frank and passed unanimously.
Noise Violation — 701 College Avenue N: Weyrens presented the Council with an alleged noise violation
that occurred on March 4, 2009 at 701 College Avenue North, Apartment #20. Weyrens stated that while
the alleged violation is the first recorded violation, this is in fact a second violation for the same
apartment. In February the Police were called to the same apartment for a noise complaint. Officers
responded and determined that the noise could be heard outside of the apartment. However, due to a
clerical error, the noise violation was not submitted to Administration for processing. While the Police had
been to the apartment previously, the event on March 4, 2009 is the first recorded violation.
Weyrens stated that she and the Police Chief have contacted the property owner, and he is not disputing
that the violation occurred, nor is he requesting an evidentiary hearing. As such, the Council needs to
acknowledge that a violation occurred and then consider the disposition.
Loso made a motion to acknowledge that a noise violation did occur on March 4, 2009 at 701
College Avenue North, Apartment #30. The motion was seconded by Frank and passed
unanimously.
Ryan Howe approached the Council to speak on his own behalf. Howe stated that he is one of the
owners of the apartment facility located at 701 College Avenue North. He stated that he was unaware of
the events that occurred in February when the Police were called to the property. However, since the
event on March 4, 2009 he has started eviction proceedings for the tenant in #30 and they should by
removed no later than May 1, 2009. Howe stated that as an owner he takes all complaints seriously and
has dealt with the problem to prevent reoccurrence.
Wick made a motion to assess a $ 250 fine for the noise violation that occurred on March 4, 2009
at 701 College Avenue North, #30. The minimum fine is being assessed as the violation before the
Council is the first recorded violation and the property owner has taken action to evict the tenant.
The motion was seconded by Symanietz and passed unanimously.
The Council clarified that noise violations for multi- tenant facilities are considered on an apartment basis.
However, if a complex has numerous complaints the Council may consider action on the entire complex
as the property owner is responsible for the management of the entire property.
Special Use Permit — North Country Trailer Sales: Loso stated that he had the opportunity to review the
site and would like to amend the recommendation of the Planning Commission. Loso stated that the
current fence is located approximately 16 feet above the ground. In his opinion the fence should be
reconstructed the meet the requirements in the Fence Ordinance. In addition to the distance from the
bottom of the fence, all the posts should be removed and re- anchored in cement and they should be
located two feet off the property line. In addition the fence should be extended 83' to the east and 16' to
the west.
5:5
March 19, 2009
Page 4 of 6
Wick stated that the Planning Commission did review the fence and it was noted by the Building Inspector
that the fence cannot be extended 16' feet to the west as it will become a safety hazard. The Planning
Commission did request the fence to be extended equal to the back of the house. The south property line
of North County Trailer is in excess of 200' and it would not be reasonable to fence the entire length.
Wick stated that the Planning Commission recommendation also includes gating the property when the
property is unoccupied, installation of a security system and limiting the parking of vehicles/trailers to the
bituminous areas.
Loso stated that the pavement extends the length of the property and the extension of the fence will help
protect the property line. Councilor Frank stated that he asked the City Engineer to address the concern
of the residents regarding 8th Avenue which will occur under the Engineer Reports. Rassier stated that he
did review the recommendations of the Planning Commission and they did address the concerns of the
public at the hearing.
After considerable discussion, Loso made a motion to accept the recommendation of the
Planning Commission and issue a Special Use Permit to North County Trailer Sales. The findings
of fact as submitted by the Planning Commission will be restated as follows:
1. The property owner will conform to the Sign Ordinance to include temporary signs.
2. The use of banners and streamers will be prohibited.
3. All vehicles or trailers located on the property for sale will be stored on the existing
bituminous surface.
4. The fence located on the south property line will be improved and expanded as follows:
a) The fence must be lowered so the bottom of the fence is no more than 2 inches
above the ground.
b) The Fence posts shall be secured with concrete and the fence will be located 2
feet from the property line.
c) The Fence will be extended 83' to the east and 16' or to the ROW line on the
west, whichever is less.
d) The south side of the fence will be painted or stained as it faces south.
5. The property will be monitored with a security system which will be activated when the lot is
unattended and the access to the property will be secured when unattended as well.
6. All site lighting will conform to the St. Joseph Code of Ordinances.
The motion was seconded by Frank and passed unanimously.
CITY ENGINEER REPORTS
APO TAC Report: City Engineer Randy Sabart presented an update on the APO TAC meeting held on
March 25, 2009. Members discussed the impacts of three 2035 financially constrained roadways
scenarios given the assumptions of splitting federal formula dollars between expansions versus
preservation projects. The reason for the discussion is an acknowledgement that the area is falling
behind in its ability to maintain the existing infrastructure.
Depending on the scenario approved, St. Joseph's north corridor project could be eliminated from the
eligibility list for funding. St. Joseph has a significant investment to date in the environmental process and
Sabart stated that representatives on the TAC from smaller growing communities are lobbying for a
revision to the project list. The revision helps protect the investment communities have already made.
Sabart stated that he will continue to update the Council on this matter.
8th Avenue NE: Sabart stated that he has been asked to discuss the condition of 8th Avenue NE.
Councilor Frank stated that he has asked that this matter be placed on the agenda to address the
concerns of the residents on 8th Avenue NE. Sabart stated that 8th Avenue NE was reconstructed in 2006
and the project included street, curb, gutter, water and sewer improvements. Since 8t" Avenue is a
County Road, Stearns County was assessed for the center24 feet of the road and the residents were
assessed according to City practices.
5:6
March 19, 2009
Page 5 of 6
The Road was designed as a seven (7) ton road. Sabart presented information on tests required during
construction and the actual results of the tests for a Avenue. Based on field records the road tests
passed that of a nine (9) ton road. The City typically constructs the final pavement layer after one winter
season. This practice allows the road to settle and any issues are easy to identify. In the case of 8t"
Avenue NE an issue did arise and the contractor came back to perform warranty work. The warranty
work was completed in 2007 and the City held the final payment until December of 2008. The two year
warranty on the road starts with the approval of the final payment. Sabart stated that while 8th Avenue
may not be the smoothest road, there is no evidence that the road will not withstand traffic that it was
designed to handle.
Mayor Reports
APO Meetina: Rassier reported that at the recent executive meeting of the APO it was decided that the
APO dues for the second half of 2009 would be reduced by 25% and the dues for 2010 would be reduced
by 10 %. The reduction in dues is a result the Cities facing declining revenues and LGA losses. They
also discussed the extension of current projects and it was stated that the Pine Cone Road extension
may be shelved due to financial constraints.
Frank: Frank stated that the Council needs to have a discussion on the budget and current financial
status. While the staff has done a good job indentifying issues, the Council needs to make decisions as
that is what they are elected for. Wick stated that the Council has scheduled a budget meeting for April
16, 2009 at which time the Council can react to finance options.
Loso — No Report
Wick — No Report
Symanietz — No Report
Administrator Reports
Special Use Permit — North Country Trailer:, Weyrens stated that the action taken earlier this meeting
regarding the Special Use Permit for North Country Trailer did not include a date for the completion of the
fence. The current ground conditions do not make it feasible to repair the fence at this time. Wick made
a motion to amend the Special Use Permit findings for North Country Trailer to Include that the
fence must be completed no later than June 1, 2009. The motion was seconded by Loso and
passed unanimously.
Adjourn: Frank made a motion to adjourn at 8:45 PM; seconded by Wick and passed unanimously.
ftrator
5:7
Extract of Planning Commission Minutes - February 2, 2009
Special Use Permit - David Fimrite, North Country Truck Sales
Page 1 of 3
Public Hearing, Special Use Permit - North Country Trailer Sales: Kalinowski called the hearing to order
and stated that the purpose of the hearing is to consider a Special Use Permit to allow for the sale of new
and used trailers as well as used autos.
The property is legally described as: 2.50A. that part of E2NE4 lying S'LY of CO RD 75 and N of FDL
BEG 115.50' N of SW cor of SE4NE4 - S84D E 75.60'- S87DE 120'- S84D E 601.22' to ELN OF
W793.88 term.
St. Joseph Code of Ordinances 52.32 Subd 4: Uses Under Special Use Permit. The following uses shall
require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance:
e) New or used auto dealerships
The request for Special Use was submitted by David Fimrite, North Country Trailer Sales LLC.
Jim Muschel approached the Commissioners on behalf of David Fimrite. He stated the he works for Mr.
Fimrite and is speaking on his behalf as he has family emergency.
Mary Ann Graeve, 619 Minnesota Street E approached the Commissioners .and stated that she lives at
the corner of 8!h Avenue and Minnesota Street. She questioned what they are referring to as a trailer,
what the weight of the trailers is and what their use is. She was advised that most of the trailers will be
snowmobile trailers or small car trailers. The weight is similar to that of a small pickup. Graeve also
questioned the weight restriction on 8`h Avenue as the road was just built. Weyrens stated that it is built as
a 7 ton road; but it is marked for 5 ton. McDonald stated that when he read the notice, he was envisioning
mobile home trailers; however, after looking at their website, they sell small trailers rather than mobile
homes.
Nancy Notsch, 406 8th Avenue NE, approached the Commissioners in opposition to the proposed special
use. She stated that they have been through this before and it is a nightmare living next to a use car
dealership. She stated that, in the past, there were several promises made and nothing ever happened.
They have dealt with issues such as trash in their yard, customers using their swing set, people assuming
they are the owners and receiving inquiries about the business, etc. People tend to look at used cars after
the lot closes, which results in lights shining in their home in the evenings. In her opinion, this does not
create a safe environment for her grandchildren. The only way she feels that this would be an acceptable
use is if they were to construct privacy fence along the entire length of the yard. McDonald questioned
whether or not they own the area along the tree line to which Notsch stated that they do based on a past
land exchange between them and Scherer Trucking. She concluded by stating that it is hard living next
door to a used car dealership.
Ellen Wahlstrom, 409 8"' Avenue NE, also approached the Commissioners regarding the proposed
special use. She stated the safel issues that Notsch addressed are issues from past experiences. She
voiced her concerns regarding 8t Avenue as it was recently built and they have already had to do some
patch work. In her opinion, heavy traffic along 8th Avenue would only make the problem worse. She
doesn't have a problem with them hauling in one vehicle at a time, but she is worried about vehicles
coming in on large transport. According to Wahlstrom, this type of use is an undesirable situation for the
neighborhood. With the road being her concern, she questioned whether or not the residents would be
responsible if the road needed to be repaired. She stated that they would like some assurance from the
City stating that they would not be assessed for any road repairs due to the increased traffic. She also
suggested that, if the use is approved, they lock the dealership after hours to prevent traffic after hours.
Mike Borresch addressed the Commissioners in opposition as well. He stated that there are already two
businesses conducting trailer sales in St. Joseph and three would be too many. There are two in Avon as
well and several in St. Cloud.
5:8
Extract of Planning Commission Minutes — February 2, 2009
Special Use Permit — David Fimrite, North Country Truck Sales
Page 2 of 3
Jim Graeve, 619 Minnesota Street E, stated that he would like to see the property fenced to protect the
Notsch property. He also suggested that they sell only trailers and no vehicles.
With no further public comment, the public hearing was closed.
McDonald questioned Muschel as to where they are located now. He replied that they are located near
Cross Town Auto. The Commissioners were advised that they tend to have 12 -15 cars and 10 trailers at
most.
Rieke questioned the current zoning. Weyrens stated that it is zoned as B2 and this type of use would be
allowed by Special Use Permit and they can place some conditions on the property, provided they are
reasonable. He also questioned whether or not there was talk of purchasing the property blended in with
the lease. He received no comment. Wick then questioned whether or not the Special Use Permit would
be attached to the property or the lease. Weyrens advised the Commissioners that the Special Use
Permit would be attached to a specific use.
McDonald questioned whether or not the City can reasonable require screening of the parking area.
Weyrens stated that it meets the zoning requirements. Deutz questioned whether these types of
conditions are attached to the property and Meyer questioned whether the Landlord would then be
responsible for making those improvements. It was suggested that there be a gate that is closed after
business hours so that the business doesn't interfere with the neighbors. A fence along the property
would be an expense of the landlord. It was also suggested that they redirect the lights onto their
property. The Commissioners understand that how they run their business has nothing to do with the
landowner. Kalinowski questioned whether or not the lighting requirements are reasonable to which
Weyrens stated that there are lighting provisions that can be enforced by Ordinance. Rieke stated that he
is in favor of a fence two feet off the property line.
Meyer questioned the concerns raised by the Public regarding 8th Avenue. Weyrens stated that the
property owners were assessed 100% as this was the first improvement after being annexed into the City.
Technically, this is a County Road, therefore, the County paid for a portion as well. Any future
improvements would be assessed at a 60/40 split with the City paying for 40% of the costs. Deutz
questioned Weyrens as to what kind of problems have already occurred since the road was built.
Weyrens replied that there were some warranty issues that came up; however, C & L did come and fix
them. She added that in order for the City to assess the property owners, they must have to show a
benefit to the property owners. The Planning Commission does not set polices for assessments.
McDonald stated that they can encourage the new owners to access the property off of County Road 75
rather than Minnesota Street. He added that the City should not consider the effect of competition when
reviewing land use requests.
There was some question about whether or not they should require that the parking lot be paved. Deutz
questioned whether or not they can afford to pave the property. According to Wick, the City has required
other businesses to pave their lots. Weyrens explained that if a building permit is issued, they would be
responsible for paving the parking lot. She added that if they do pave the parking lot, there are different
storm water regulations and the improvement requirements more than bituminous surfacing. McDonald
stated that this business will be located along County Road 75 and it should look nice. He also stated that
he is in favor of another business in town paying taxes; however, there is the conflict of improving the tax
Base and that of safety. Kalinowski stated that it is difficult because the owner of the business is not the
property owner.
Meyer stated that he would like to see a 6' security fence along the property line, the lighting to be
changed and the existing fence to be removed. He made a motion to table the approval of the
Special Use Permit for 30 days until they provide lighting and fencing plan. The motion was
seconded by Rieke.
5:9
Extract of Planning Commission Minutes — February 2, 2009
Special Use Permit — David Fimrite, North Country Truck Sales
Page 3 of 3
Discussion: McDonald questioned whether any of the property is paved. Weyrens stated that the
apron entering the lot is paved. Meyer stated that lighting is a big thing on this site. Orcutt added
that the addition of a fence along the property line makes sense. Deutz questioned whether they
would be required to take down the existing fence. Weyrens suggested that the Building Inspector
take a look at the existing fence and determine whether or not it needs to be removed or if it can
be replaced. Meyer stated that he would like to see the owner present at the next meeting to
answer any questions.
The motion passed unanimously.
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Extract of Planning Commission Minutes — March 2, 2009
Special Use Permit — David Fimrite, North Country Truck Sales
Page 1 of 2
Special Use Permit — David Fimrite: Weyrens stated that at the previous meeting, the Commissioners
conducted a Public Hearing regarding a Special Use Permit to allow for the sale of trailers and used
vehicles. She stated that the petitioner was not present due to a family emergency. At that meeting, the
Commissioners asked for clarification on the following: fencing, paving, how the property will be utilized,
security and impact to the neighbors.
Since the last meeting the Building Inspector has been to the site to look at the current fence. He stated
that there are some posts that need to be re- anchored; however, it is a good fence. The fence could be
extended west to meet the front setback of the house on the adjacent property. The fence cannot be
extended beyond this as it may become a public safety issue by creating limited visibility. She also added
that the petitioner verified that the area where the vehicles will be parked is already paved. They have
also agreed to put in a security system which will photograph anyone access the property when no one is
present. With regard to lighting, two wall mount lights will be located on the front of the existing building
as it faces 8th Avenue NE, two pole lights will be located in the front yard as it faces CR 75 and the sign
will be light as well.
David Fimrite, 6025 18th Street N, St. Cloud, approached the Commissioners and spoke on his own
behalf. He stated that he is the owner of North County Trailer Sales and they are requesting a Special
Use Permit to allow for new trailer sales and used car sales. Their normal business hours will be from
8AM to 5PM; however, there may be someone onsite from 7AM to 7PM. He stated that when there is no
one on site, there will be a cable blocking any vehicles from entering the site. The after -hours security
system will snap pictures of those who are on the site after those hours. He assured the Commissioners
that the vehicles for sale will be parked on the pavement.
McDonald stated that, in the past, the previous dealership had vehicles parked on the gravel as well as
the hill. He questioned Fimrite as to the number of vehicles and trailers that he plans to have on site.
Fimrite stated that they will have approximately 8 -10 vehicles and 12 -15 trailers. He also clarified that
transport vehicles will not be used to bring inventory to the site. Deutz questioned whether or not they will
have any new vehicles to which he was advised that they will have mainly used cars and new trailers.
Fimrite assured the Commissioners that he will have a good display.
Meyer advised the Petitioner that he would like to see two additional 10' sections of fence added to the
west. After speaking with the Building Inspector, Lee Gladitsch, Fimrite stated that he was informed that
fence could not extend the fence beyond that of the front house setback. Fimrite stated that he will
construct fence equal to the front of the house.
Graeve addressed the Commissioners and questioned how the City will enforce that they have no more
than 10 vehicles. Kalinowski reminded him that this was not a public hearing. According to Wick, all
vehicles must be stored on the bituminous surface and there is no limit as to the number of vehicles or
trailers. Deutz added that it would not be the City's position to monitor the number of vehides/trailers.
McDonald questioned the shape of the current bituminous. According to Fimrite, it looks decent. He
added that they have intensions to fix the areas where the surface is in bad shape; however, they do not
intent to add any additional bituminous more than what is there.
Deutz made a motion to recommend approval of the Special Use Permit to David Fimrite, North
Country Trailer Sales to allow the operation of a used auto and trailer sales lot at 414 8th Avenue
NE based on the following contingencies:
1. The property owner will conform to the Sign Ordinance to include temporary signs.
2. The use of banners and streamers will be prohibited.
3. All vehicles or trailers located on the property for sale will be stored on the
existing bituminous surface.
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Extract of Planning Commission Minutes - March 2, 2009
Special Use Permit - David Fimrite, North Country Truck Sales
Page 2 of 2
4. The fence located on the south property line will be repaired securing the posts
and the fence will be extended to match the front of the house on the southern
property line.
5. The property will be monitored with a security system which will be activated
when the lot is unattended and the access to the property will be secured when
unattended as well.
6. All site lighting will conform to the St. Joseph Code of Ordinances.
The motion was seconded by Meyer and passed unanimously.
5:12