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HomeMy WebLinkAbout[07b] North County Trailer Sales • City Council Agenda Item 16 CPPY OF ST. JU PH MEETING DATE: August 5, 2010 AGENDA ITEM: North Country Trailer Sales Requesting Relief required paved surface for parking SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: Property representatives appeared before the Commission at the May meeting requesting a modification to the special use permit allowing for used automobile sales. The original permit issued required all vehicles for sale to be parked on a paved surface. The Commission directed staff to meet with the property owner to identify the area for parking and submit a plan to the Commission for consideration. The Planning Commission considered the request of North Country Trailer Sales to allow vehicle display /sales on an area that is not paved. As has been provided other property owners, the Planning Commission allowed the parking of cars on the gravel surface for an area approximately 200' from the existing building to the east for a period of two years. After that time the property owner must improve the area based on Ordinance requirements. PREVIOUS CITY COUNCIL ACTION: The City Council on March 19, 2010 accepted the recommendation and approved the Special Use Permit of North Country Trailer Sales to allow for new and used vehicle /trailer sales. The SUP included provision which the property owner has complied with. In fact, the property is maintained better than it has in the past years. BACKGROUND INFORMATION: Since the Special Use Permit included a provision that all vehicles displayed must be on a paved surface, the Planning Commission and City Council must amend the special use allowing for the relief. ATTACHMENTS: Request for Council Action 7(b):1 -2 Extract of PC Minutes, July 6 2010 7(b):3 PC Request for Action, July 6, 2010 7(b):4 Site Plan and Illustration 7(b):5 -6 PC Request for Action, May 3, 2010 7(b):7 MN Department Public Safety, Dealer License 7(b):8 City Council Findings of Fact 7(b):9 City Council Minutes, March 19, 2009 7(b):10 -14 Extract of PC Minutes, February 2, 2009 7(b):15 -17 Extract of PC Minutes, March 2, 2009 7(b):18 -19 REQUESTED City Council: Accept the recommendation of the Planning Commission allowing for the display of vehicles on an area not improved with bituminous. The area for parking cannot exceed 200 feet from the western edge of the building. The bituminous paving relief if for a period of two years. If 7(b):1 after that time the property owner wishes to continue displaying vehicles, the area must meet the Ordinance requirements in place at that time. 7(b):2 Extract of Planning Commission Minutes — July 6, 2010 North Country Trailer Sales, Special Use Parking Area — Relief of Standards, Two years North Country Trailer Sales: Weyrens stated the Planning Commission previously considered a request from North Country Trailer Sales to extend the vehicle display area on the east side of the property, using gravel areas. The Special Use Permit issued required all parking of display vehicles on paved areas. The property owner is requesting to utilize approximately 200' of gravel area for display which they will improve with bituminous surfacing within two years. Deutz made a motion to allow North Country Trailer Sales an additional two years to complete the improvements at which time the Special Use Permit will be revisited. The motion was seconded by Orcutt. Discussion: Rieke questioned the size of the area on which they are looking to park the vehicles and trailers. Weyrens stated that they are requesting 200' from the east of the building not extending past the front building line, extending back to the property line. Deutz commented that they have done a good job cleaning up that area to which Wick and Weyrens agreed. The motion passed unanimously. 7(b):3 k i,,,"49,kne-1-111)...ted SCANNED cm nft ST.JOS PH Planning Commission Agenda Item 5 MEETING DATE: July 6, 2010 AGENDA ITEM: North Country Trailer Sales Requesting Relief required paved surface for parking SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: Property representatives appeared before the Commission at the May meeting requesting a modification to the special use permit allowing for used automobile sales. The original permit issued required all vehicles for sale to be parked on a paved surface. The Commission directed staff to meet with the property owner to identify the area for parking and submit a plan to the Commission for consideration. BACKGROUND INFORMATION: The Public Works Director and Building Inspector meet with property representatives to discuss the parking plans. The property owner has agreed to not vehicles in the front yard setback area. The property owner has submitted a rough drawing of the area for parking. Using the City GIS mapping system, the gravel parking area is approximately 200 feet to the east of the existing building. The property owner has agreed to review the parking requirements in 18 months and if the requirement requires paved and curbed surfaces they will comply. ATTACHMENTS: Request for Planning Commission Action 5:1 -2 Proposed layout 5:3 -4 Request for Planning Commission Action [2010 May 03] 5:5 MN Department of Public Safety Zoning Request 5:6 Executed Resolution of Findings - City Council 5:7 Extract of City Council Minutes [2009 Mar 19] 5:8 -12 Extract of Planning Commission Minutes [2009 Feb 02] 5:13 -15 Extract of Planning Commission Minutes [2009 Mar 02] 5:16 -17 REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council amend the Special Use Permit issued to North Country Trailer Sales to allow vehicles to park on a gravel area. The parking area is approximately 200' in length and is located east of the existing building. Within two years the property owner will abide to the regulations and pave and curb said area. 7(b):4 From; 84 Delovely' Fax: +1 (600) 720-3196 To: Judy Fax: +1 (320) 363-0342 Page 3 of 3 61172010 4:07 June 17, 2010 City Inspector and City Council: We thank the council and the City inspectors for your time and interest in granting our request to use the crushed granite to place vehicles on for sale on the crushed granite. North Country Trailer Sales will abide by the policies the City inspector and Council have suggested regarding putting vehicles on the crushed granite in the space indicated on the drawing. No vehicle will be in front of the building on the East side, although it makes valuable granite a few feet in front of the building useless then, to us. The West side which is a few feet in front of the building is grandfathered in, as we were told by the inspectors. But in looking at the Scherer Building complex on our boundary line in its entirety, it is many feet closer to the road than we are. To our West the entire Strip Mall is also much doser to the road than we are. We understand this to be in effect for two years but will come to the council within 18 months to update information regarding policies at that time and the need to tar at the end of two years. Any further questions can be directed to Jan Wilde DeLoveeiy, co-owner and or Dave Fimrite of our Board of Directors. Phone 320 -224 -1782 Jan Wilde DeLoveiy Phone 320 - 292 -9061 Dave Firnrite Fax NCTS 800- 720 -3196 Respectfully, • Janice Wilde Detovely • • . . , rt C r . y • . Sates: to tai€ , Canada, and Australia • — - — • 7(b):5 From: Bill Delovely' Fax: +1 800 720-3196 To: ud Fa +1 (320) 363.0342 Page 2 of 3 6/17/2010 4:07 010Z/L/9 .riveJdetu /oApiqum4pAstps,rwa •Dumas xo d/ i .sd 1 t{ uaJaja.i .104 pasn aq of si pue 'sa3EJJo leaapal pue ai.el paoDa..! jo uon.etidwo3 a si dew siyl - auo se pasn a apia3ai Ameba! e .ag4!au si dew si1.41 :Jawiepps►© . __ E E, , , 3 1 ci ,,,, , at.L r:-.1 : Si `, 3 x I €LS yu' Li I I I ---- I l L i 11 I I 4 -.-«.-.._... ._.....»..._.�._......._.. -�__i S ---_ e Ell , . VL I . . • ,,,,,, ,11 bi 0 ft. 7- Gortsfia Grc e` i e 1-- ------- _._ _ r! usarbl f --W- -- a c -�.. 0 _.,_- ..._-_,_ I JO 1 2 e dey� OU!TUOnnaiAe1 U 7(b):6 SCANNED Council Agenda Item 5 cny OF N7:" PH MEETING DATE: May 3, 2010 AGENDA ITEM: North County Trailer Sales Requesting Relief from use of non paved surface SUBMITTED BY: Administration STAFF RECOMMENDATION: 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 for sale 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. 7(b):7 c' °` - MINNESOTA DEPARTMENT OF PUBLIC SAFETY �.a a ' ' g " OFFICE USE ONLY , I `r" ri DRIVER AND VEHICLE SERVICES Milk 445 Minnesota Street, St. Paul, MN 55101 - 5186 DEALER NUMBER: `:�f 41 6' PHONE: 651 - 296 -2977 DATE RECEIVED: FAX: 651- 297 -1480 INITIALS: EMAIL: DealerQuestion @mndriveinfo.org fe c,,A Minnesota Vehicle Dealer License - Zoning Verification The Zoning Official for the jurisdiction in which the dealership resides must complete this form. Zoning District: .2 14 hcvfty 4&I / /less This form is for (check one): P / Primary Location ❑ Additional Location (Attach a separate Commercial Checklist PS2410 for each location) DEALER NAME I fL.DYNGf/ NT6"� �°1e'se - s, Lie, Gibs /✓Derff Caui?7 2y l 6UrE 5Ad.E5 7 Street ' /A p 4 E / /VIE City ,.ST J O5 k Pff state AIN zip361374 County STenANS Type of Dealer's License (check one) @I NEW ❑ USED ❑ LESSOR ❑ WHOLESALER ❑ BROKER ❑ AUCTIONEER ❑ SALVAGE POOL ❑ LIMITED USE VEHCILE 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. `:i 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) ,l s, hrSS Glo e w S (A hcf9Y ' C_th 1dC4 /Wl � 4 s 'eLfal use pP ✓„yt i � +1 ✓Y)Lt %"1 b a liact � it ) ' Y:11 tt snatL.11e .below. Printed Name of Zoning Authority: ii(y /,f�,„P /t d,4 S Zoning Authority Phone Number ( x) 3 l 3 — 7 ' D / Subscribed and sworn to before me this n day of 20 X j ‘'_,udy / / 4 y � A4 S NOTARY PUBLIC t( (gnature of Zoning Authority) COUN,IY. Y X1'1 MV (YlMM1CCUIM T YPTRPC ,„ 4 -i- s SARAH BIALKE ° NOTARY PUBLIC - MINNESOTA . ., My Commission Expires Jan. 31, 2015 ■ 1 7(b):8 Resolution of finding The request of North County Trailer Sales for a Special Use request came before the Planning S � D 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 33' to the east and 18' 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 wall. 8. All site lighting will conform to the St. Joseph Code of Ordinances. ATTEST 'IP �/ Alan Rass "r; ayor t,ii L / ii Wey-ns, Adminis -tor 7(b):9 March 19, 1 O1 ,.. Page "., . Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular ses,ion on Thursday, March 19, 2009 at 7:00 PM in the St. Joseph City Hall. C`gN 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 Wahlstrom, Bob Wahlstrom, 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 Wahlstrom, 409 — 8"' Avenue NE approached the Council to discus the Special Use Permit request of David Fimrite, North County Trailer. Wahlstrom 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. Wahlstrom stated that she is not opposed to business, including a car/trailer lot if it is done and sustained in a way that is respectful to the neighborhood. Wahlstrom 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 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 8 Avenue, Wahlstrom 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. Wahlstrom 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. Wahlstorm 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 exceptions: • 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. 7(b):10 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 concems. Their being no comments from those presented Wick made a motion to close the public hearing at 7:25 PM; seconded by Symanletz 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. 7(b):11 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 Symanietz. The motion passed unanimously.. Schwegel questioned the Council if the City would allow temporary handicap parking on Minnesota Street between College Avenue and 1 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. 7(b):12 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 8 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 concems 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 eh Avenue NE. Sabart stated that 8 Avenue NE was reconstructed in 2006 and the project included street, curb, gutter, water and sewer improvements. Since 8 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. • 7(b):13 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 8th 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 8th 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 Meeting: 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. Adiourn: Frank made a motion to adjourn at 8:45 PM; seconded by Wick and passed unanimously. J Wey4 • inistrator 7(b):14 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 ord and stated that the purpose of the hearing is to consider a Special Use Permit to allow for the sale of new ,d 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 Anti Graeve, 619 Minnesota Street E approached the Commissioners and stated that she lives at the corner of 8 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 8t" 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 8"' 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 safety issues that Notsch addressed are issues from past experiences. She voiced her concems regarding en Avenue as it was recently built and they have already had to do some patch work. In her opinion, heavy traffic along 8 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. 7(b) :15 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 8 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 vase 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. 7(b):16 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. 7(b):17 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 {VE 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 18 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 vehicles/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 8 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. 7(b):18 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. 7(b):19